230.32 (3) (a) Any classified employee who leaves state service and enters the armed forces of the United States shall, under this section, be granted written military leave of absence by the appointing authority. Notice of such leave from state service and the terms of any such leave shall be given in writing by the appointing authority to the secretary director for purposes of record.
(b) Any classified employee who leaves state service for civilian employment in response to a specific request or order of the federal government or any of its agencies in connection with manpower redistribution and utilization shall, under this section, make written application to the appointing authority for civilian leave of absence presenting such specific request or order of the federal government as supporting evidence. Such civilian leave shall be allowed by the appointing authority and its terms, which shall conform to the rules of the secretary director, shall be in writing. Notice of such leave from state service shall be made in writing by the appointing authority to the secretary director for purposes of record.
(c) All such military or civilian leaves of absence as heretofore may have been granted are validated and shall be deemed to be sufficient and effective hereunder. Such leaves shall be recorded with the secretary director.
SECTION 2413t. 230.33 (2) of the statutes is amended to read:
230.33 (2) A person appointed to an unclassified position by an appointing authority other than an appointing authority described under sub. (1), to a department other than the one in which the person was a classified employee may be granted a leave of absence without pay at the option of the person's former appointing authority in accordance with the leave of absence provisions in the rules of the secretary director. An employee granted a leave of absence shall have the same restoration rights and reinstatement privileges as under sub. (1m). If not granted a leave of absence, the employee shall be entitled only to the reinstatement privileges under sub. (1m).".
120.
Page 938, line 18: after that line insert:
"SECTION 2416b. 230.34 (1) (c) of the statutes is amended to read:
230.34 (1) (c) The secretary director shall establish guidelines for uniform application of this authority among the various agencies.
SECTION 2416d. 230.34 (4) of the statutes is amended to read:
230.34 (4) Resignations shall be regulated by the rules of the secretary director.
SECTION 2416f. 230.35 (1) (d) of the statutes is amended to read:
230.35 (1) (d) Annual leaves of absence shall not be cumulative except under sub. (1p) and except that unused annual leave shall, subject to the rules of the secretary director, be used in the year following the one in which it was earned, but no employee shall lose any unused annual leave because the employee's work responsibilities prevented the usage of the unused annual leave during the first 6 months of the year following the year in which it was earned.
SECTION 2416h. 230.35 (2) of the statutes is amended to read:
230.35 (2) Leave of absence with pay owing to sickness and leave of absence without pay, other than annual leave and leave under s. 103.10, shall be regulated by rules of the secretary director, except that unused sick leave shall accumulate from year to year. After July 1, 1973, employees appointed to career executive positions under the program established under s. 230.24 or positions designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e) shall have any unused sick leave credits restored if they are reemployed in a career executive position or in a position under s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e), regardless of the duration of their absence. Restoration of unused sick leave credits if reemployment is to a position other than those specified above shall be in accordance with rules of the secretary director.
SECTION 2416j. 230.35 (2r) (b) of the statutes is amended to read:
230.35 (2r) (b) The secretary director may establish, by rule, a catastrophic leave program that permits employees to donate certain types and amounts of leave credits to other employees who have been absent from pay status because of a catastrophic need for which there is no paid leave benefits or replacement income available. The secretary director shall determine the types and amounts of leave credits that may be donated.
SECTION 2416L. 230.35 (3) (d) of the statutes is amended to read:
230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of absence to compete in promotional examinations and interviews. The secretary director shall promulgate rules governing the lengths of time allowable for such leaves, their frequency and the provisions for their use.
SECTION 2416m. 230.35 (3) (e) 2. e. of the statutes is amended to read:
230.35 (3) (e) 2. e. The leave of absence conforms with any rules of the secretary director regarding leaves of absence to provide specialized disaster relief services.
SECTION 2416n. 230.35 (3) (e) 5. of the statutes is amended to read:
230.35 (3) (e) 5. The secretary director may promulgate any rules necessary to implement this paragraph.
SECTION 2416p. 230.35 (5) (b) of the statutes is amended to read:
230.35 (5) (b) The standard basis of employment shall be divided into 5 work days of 8 hours each except as provided under s. 230.215 (5), and except that when the conditions of employment cannot be satisfied by adhering to this division or when the public would not be inconvenienced, deviations may be permitted upon recommendation of the appointing authority and subsequent approval by the secretary director.
SECTION 2416r. 230.37 (1) of the statutes is amended to read:
230.37 (1) In cooperation with appointing authorities the secretary director shall establish an employee performance evaluation program to provide a continuing record of employee development and, when applicable, to serve as a basis for pertinent personnel actions. Similar evaluations shall be conducted during the probationary period but may not infringe upon the authority of the appointing authority to retain or dismiss employees during the probationary period.
SECTION 2416t. 230.43 (5) of the statutes is amended to read:
230.43 (5) TAXPAYERS' SUITS. The right of any taxpayer to bring any action to restrain the payment of compensation to any person appointed to or holding any office or place of employment in violation of this subchapter shall not be limited or denied by reason of the fact that the office or place of employment has been classified as, or determined to be, not subject to competitive examination; however, any judgment or injunction in any such action shall be prospective only, and shall not affect payments already made or due to such persons by the proper disbursing officers, in accordance with the rules of the secretary director in force at the time of such payments.
SECTION 2416v. 230.44 (1) (b) of the statutes is amended to read:
230.44 (1) (b) Decision made or delegated by secretary director. Appeal of a personnel decision under s. 230.09 (2) (a) or (d) or 230.13 (1) made by the secretary director or by an appointing authority under authority delegated by the secretary director under s. 230.04 (1m).".
121.
Page 938, line 25: after that line insert:
"SECTION 2417m. 230.44 (1) (dm) of the statutes is amended to read:
230.44 (1) (dm) Noncompetitive appointment of certain disabled veterans. A personnel action under s. 230.275 by an appointing authority that is alleged to be illegal or an abuse of discretion. The administrator and the department office may not be a party to any such appeal.
SECTION 2417s. 230.44 (4) (bm) of the statutes is amended to read:
230.44 (4) (bm) Upon request of an employee who files an appeal of the decision of the secretary director made under s. 230.09 (2) (a) or (d), the appeal shall be heard by a commissioner or attorney employed by the commission serving as arbitrator under rules promulgated for this purpose by the commission. In such an arbitration, the arbitrator shall orally render a decision at the conclusion of the hearing affirming, modifying or rejecting the decision of the secretary director. The decision of the arbitrator is final and is not subject to review by the commission. An arbitrator's decision may not be cited as precedent in any other proceeding before the commission or before any court. The arbitrator shall promptly file his or her decision with the commission. The decision of the arbitrator shall stand as the decision of the commission. The decision of the commission is subject to review under ss. 227.53 to 227.57 only on the ground that the decision was procured by corruption, fraud or undue means or that the arbitrator or the commission exceeded the arbitrator's or the commission's power. The record of a proceeding under this paragraph shall be transcribed as provided in s. 227.44 (8).".
122.
Page 939, line 9: after that line insert:
"SECTION 2422g. 230.45 (1) (h) of the statutes is amended to read:
230.45 (1) (h) Keep minutes of its own proceedings and other official actions. All such records shall, subject to reasonable rules, be open to public inspection. Records of the secretary director or the administrator which are confidential shall be kept confidential by the division of equal rights or the commission.
SECTION 2422r. 230.45 (1) (i) of the statutes is amended to read:
230.45 (1) (i) Adopt rules necessary to carry out this section. Notice of the contents of such rules and amendments thereto shall be given promptly to the secretary director, the administrator and appointing authorities affected thereby.".
123.
Page 940, line 7: delete "secretary" and substitute "director".
124.
Page 940, line 10: delete "secretary" and substitute "director".
125.
Page 940, line 11: after that line insert:
"SECTION 2427g. 230.46 of the statutes is amended to read:
230.46 Duties of council on affirmative action. The council on affirmative action in the department office shall serve in a direct advisory capacity to the secretary director and as part of that relationship shall evaluate the progress of affirmative action programs throughout the civil service system, seek compliance with state and federal regulations and recommend improvements in the state's affirmative action efforts as an employer. In carrying out its responsibilities, the council may recommend legislation, consult with agency personnel and other interested persons, conduct hearings and take other appropriate action to promote affirmative action. The council shall report at least once per year to the governor and the legislature.
SECTION 2427r. 230.48 (2) of the statutes is amended to read:
230.48 (2) PERSONNEL, FACILITIES AND EQUIPMENT. The department office shall appoint, under the classified service, a secretary and such other employees as are necessary to carry out the duties of the state employees suggestion board, and shall provide such facilities and equipment as that board requires for the proper performance of its work. The state employees suggestion board may request and shall receive from any state department any assistance that it requires.".
126.
Page 945, line 24: delete the material beginning with "department" and ending with "administration" on line 25 and substitute "department of employment relations office of state human resources management".
127.
Page 946, line 8: delete "department of employment relations administration" and substitute "department of employment relations office of state human resources management".
128.
Page 960, line 4: delete the material beginning with "department" and ending with "administration" on line 5 and substitute "department of employment relations office of state human resources management".
129.
Page 1027, line 13: delete the material beginning with "department" and ending with "administration" on line 14 and substitute "department of employment relations office of state human resources management".
130.
Page 1029, line 9: delete the material beginning with "department" and ending with "administration" on line 10 and substitute "department of employment relations office of state human resources management".
131.
Page 1029, line 13: delete the material beginning with "department" and ending with "administration" on line 14 and substitute "department of employment relations office of state human resources management".
132.
Page 1049, line 13: delete the material beginning with "secretary" and ending with "administration" on line 14 and substitute "secretary of employment relations director of the office of state human resources management".
133.
Page 1049, line 20: delete the material beginning with "secretary" and ending with "administration" on line 21 and substitute "secretary of employment relations director of the office of state human resources management".
134.
Page 1068, line 18: delete the material beginning with that line and ending with page 1070, line 2, and substitute:
"(1b) OFFICE OF STATE HUMAN RESOURCES MANAGEMENT.
(a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of employment relations shall become the assets and liabilities of the office of state human resources management.
(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of employment relations is transferred to the office of state human resources management.
(c) Contracts. All contracts entered into by the department of employment relations that are in effect on the effective date of this paragraph remain in effect and are transferred to the office of state human resources management. The office of state human resources management shall carry out any obligations under such a contract until the contract is modified or rescinded by the office of state human resources management to the extent allowed under the contract.
(d) Employee transfers and status; position conversion. On the effective date of this paragraph, all incumbent employees holding classified positions in the department of employment relations are transferred to the office of state human resources management. Employees transferred under this paragraph have all of the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the office of state human resources management that they enjoyed in the department of employment relations immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class may be required to serve a probationary period. Notwithstanding section 16.505 (1) of the statutes, the director of the office of state human resources management may, during the 2003-05 fiscal biennium, delete one vacant classified position authorized for the office and thereafter create one unclassified position in the office for the purpose of employing the executive assistant authorized under section 230.08 (2) (ya) of the statutes, as created by this act.
(e) Rules and orders. All rules promulgated by the department of employment relations that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the office of state human resources management. All orders issued by the department of employment relations that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the office of state human resources management.
(f) Pending matters. Any matter pending with the department of employment relations on the effective date of this paragraph is transferred to the office of state human resources management and all materials submitted to or actions taken by the department of employment relations with respect to the pending matter are considered as having been submitted to or taken by the office of state human resources management.".
135.
Page 1109, line 4: after that line insert:
"(1q) APPROPRIATION ACCOUNT BALANCE TRANSFERS.
(a) The unencumbered balance in the appropriation account under section 20.512 (2) (j) of the statutes, as affected by this act, is transferred to the appropriating account under section 20.545 (1) (j) of the statutes, as affected by this act.
(b) The unencumbered balance in the appropriation account under section 20.512 (2) (m) of the statutes, as affected by this act, is transferred to the appropriation account under section 20.545 (1) (j) of the statutes, as affected by this act.".
136.
Page 1130, line 13: delete the material beginning with that line and ending with page 1131, line 4, and substitute:
"(1b) CREATION OF OFFICE OF STATE HUMAN RELATIONS MANAGEMENT. The treatment of sections 13.121 (4), 13.123 (1) (a) 1., 13.20 (2), 13.48 (2) (j), 13.51 (2) (b), 15.105 (title) and (29), 15.16 (1) (intro.), 15.165 (2), 15.17, 15.173, 15.175, 15.177, 16.004 (7) (a) and (16), 16.40 (18), 16.415 (1) (by SECTION 169), 16.415 (3), 16.50 (3), 16.705 (3) (intro.), 19.45 (11) (a), 20.512 (intro.), (1) (title), (a), (j), (jm), (k), (ka), (km), (m), and (pz), and (2), 20.545, 20.901 (1) (b), 20.916 (2), (4) (a), (4m) (b), (5) (a), (8) (a), and (9) (f) 1., 20.917 (1) (c), (2) (a), (3) (a) 1. and 2., (5) (b), and (6), 20.923 (4) (intro.), (f) 1., and (g) 1m., (4g) (intro.), (7) (intro.), and (9), 36.09 (1) (i) and (j), 36.27 (1) (am) 2., 40.05 (1) (b), (4) (ar), and (4g) (a) 4., 40.06 (1) (dm), 45.43 (7) (b), 46.29 (3) (d), 49.78 (5), as renumbered, 59.26 (8) (a), 70.99 (3) (a), 73.09 (2) and (5), 111.81 (5) and (14), 111.815, 111.83 (3), 111.86 (2), 111.89 (1), 111.91 (4), 111.915, 111.92 (1) (a), 146.59 (3) (b), 227.10 (3) (e), 227.47 (2), 230.01 (2), 230.02, 230.03 (9), (9e), (10), (10r), (10w), and (13), 230.04 (title), (1), (1m), (2), (3), (4), (5), (7), (8), (9) (intro.) and (f), (9m), (9r), (b) (intro.), (10) (a), (b), and (c), (11), (12), (13) (intro.), (14), (15), and (16), 230.046 (5) (c), (7), (8), (9) and (10) (intro.), 230.047 (8), 230.06 (1) (c), (d), (e), (f), (g), and (L) and (3), 230.08 (2) (e) 1. and 4. and (ya), (4) (c), and (8), 230.09 (1) (intro.), (2) (a), (am), (b), (c), (d), and (g), and (3), 230.12 (1) (a) 3., (c) 2., and (d), (3) (a), (ad), (b), (c), and (e) 1. and 2., (4) (a) and (b), (5) (c), (7m), and (9), 230.13 (1) (intro.), (2), and (3), 230.14 (4), 230.147 (3), 230.15 (1m) (b) (intro.), 230.16 (7m) (b) (intro.) and (c), 230.21 (1m) (b), 230.215 (3) (a) and (b) and (4), 230.22 (1) and (2), 230.24 (1), 230.25 (1p), 230.27 (2k), 230.32 (3), 230.33 (2), 230.34 (1) (c) and (4), 230.35 (1) (d), (2), (2r) (b), (3) (d) and (e) 2. e. and 5., and (5) (b), 230.37 (1), 230.43 (5), 230.44 (1) (b) and (dm) and (4) (bm), 230.45 (1) (h) and (i), 230.46, 230.48 (2), 233.10 (3) (c) 4. and (4), 301.16 (1o) (b), 895.65 (2), 938.538 (6m) (b), and 978.12 (1) (c) of the statutes, the renumbering of section 20.512 (1) (i) of the statutes, and SECTION 9118 (1b) of this act take effect on the 30th day beginning after publication.".
(End)
LRBb0156LRBb0156/1
JTK:kmg:pg
2003 - 2004 LEGISLATURE
LFB:......Rhodes - Authorization for BCPL to purchase land
For 2003-05 Budget -- Not Ready For Introduction
SENATE AMENDMENT ,
TO 2003 SENATE BILL 44
At the locations indicated, amend the bill as follows:
1.
Page 449, line 13: delete lines 13 to 15.
2.
Page 449, line 17: delete lines 17 to 20.
3.
Page 449, line 22: delete "purchased under par. (a)" and substitute "so purchased".
4.
Page 450, line 6: delete lines 6 to 11.
5.
Page 1136, line 9: delete "(by SECTION 817)".
(End)
LRBb0157LRBb0157/1
JTK:kmg:pg
2003 - 2004 LEGISLATURE
LFB:......Rhodes - Delegation of BCPL investment authority to SWIB
For 2003-05 Budget -- Not Ready For Introduction
SENATE AMENDMENT ,
TO 2003 SENATE BILL 44
At the locations indicated, amend the bill as follows:
1.
Page 407, line 23: delete the material beginning with that line and ending with page 408, line 3.
2.
Page 449, line 11: delete lines 11 and 12.
3.
Page 449, line 17: delete lines 17 to 20.
4.
Page 449, line 22: delete "purchased under par. (a)" and substitute "so purchased".
5.
Page 449, line 24: delete the material beginning with that line and ending with page 450, line 5.
6.
Page 450, line 12: delete lines 12 to 19.
7.
Page 454, line 5: delete lines 5 to 19.
