2011 Wisconsin Act 32

32,2751k Section 2751k. 230.03 (10h) of the statutes is created to read:

230.03 (10h) "Employee" or "state employee" means an employee of an agency.

32,2751m Section 2751m. 230.03 (13) of the statutes is created to read:

230.03 (13) "Unclassified service" means the unclassified service of the civil service.

32,2751p Section 2751p. 230.08 (2) (cm) of the statutes is repealed.

32,2751q Section 2751q. 230.08 (2) (d) of the statutes is repealed.

32,2751s Section 2751s. 230.08 (2) (dm) of the statutes is repealed.

32,2753m Section 2753m. 230.08 (2) (e) 3. of the statutes is repealed.

32,2754 Section 2754. 230.08 (2) (e) 4. of the statutes is created to read:

230.08 (2) (e) 4. Employment relations commission — 1.

32,2755a Section 2755a. 230.08 (2) (e) 6. of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

230.08 (2) (e) 6. Workforce development — 9.

32,2755am Section 2755am. 230.08 (2) (e) 8. of the statutes is amended to read:

230.08 (2) (e) 8. Natural resources — 7 10.

32,2756 Section 2756. 230.08 (2) (e) 10. of the statutes is repealed.

32,2757 Section 2757. 230.08 (2) (e) 11m. of the statutes is created to read:

230.08 (2) (e) 11m. Safety and professional services — 8.

32,2758 Section 2758. 230.08 (2) (g) of the statutes is amended to read:

230.08 (2) (g) One stenographer appointed by each elective executive officer, except the secretary of state and the state treasurer; and one deputy or assistant appointed by each elective executive officer, except the attorney general and superintendent of public instruction.

32,2758d Section 2758d. 230.08 (2) (k) of the statutes is repealed.

32,2758g Section 2758g. 230.08 (2) (p) of the statutes is amended to read:

230.08 (2) (p) All employees of the investment board, except blue collar and clerical employees.

32,2760 Section 2760. 230.08 (2) (v) of the statutes is amended to read:

230.08 (2) (v) Not more than 5 2 bureau directors in the department of regulation and licensing safety and professional services.

32,2761 Section 2761. 230.08 (2) (yb) of the statutes is created to read:

230.08 (2) (yb) The director and the deputy director of the office of business development in the department of administration.

32,2762 Section 2762. 230.08 (2) (yc) of the statutes is repealed.

32,2763 Section 2763. 230.08 (4) (a) of the statutes is amended to read:

230.08 (4) (a) The number of administrator positions specified in sub. (2) (e) includes all administrator positions specifically authorized by law to be employed outside the classified service in each department, board or commission and the historical society. In this paragraph, "department" has the meaning given under s. 15.01 (5), "board" means the educational communications board, government accountability board, investment board, public defender board and technical college system board and "commission" means the employment relations commission and the public service commission. Notwithstanding sub. (2) (z), no division administrator position exceeding the number authorized in sub. (2) (e) may be created in the unclassified service.

32,2763m Section 2763m. 230.08 (4) (d) of the statutes is created to read:

230.08 (4) (d) The division administrator appointed under sub. (2) (e) 4. shall be an attorney.

32,2763p Section 2763p. 230.09 (2) (g) of the statutes is amended to read:

230.09 (2) (g) When filling a new or vacant position, if the director determines that the classification for a position is different than that provided for by the legislature as established by law or in budget determinations, or as authorized by the joint committee on finance under s. 13.10, or as specified by the governor creating positions under s. 16.505 (1) (c) or (2), or the University of Wisconsin Hospitals and Clinics Board creating positions under s. 16.505 (2n) or the board of regents of the University of Wisconsin System creating positions under s. 16.505 (2m), or is different than that of the previous incumbent, the director shall notify the administrator and the secretary of administration. The administrator shall withhold action on the selection and certification process for filling the position. The secretary of administration shall review the position to determine that sufficient funds exist for the position and that the duties and responsibilities of the proposed position reflect the intent of the legislature as established by law or in budget determinations, the intent of the joint committee on finance acting under s. 13.10, the intent of the governor creating positions under s. 16.505 (1) (c) or (2), or the University of Wisconsin Hospitals and Clinics Board creating positions under s. 16.505 (2n) or the intent of the board of regents of the University of Wisconsin System creating positions under s. 16.505 (2m). The administrator may not proceed with the selection and certification process until the secretary of administration has authorized the position to be filled.

32,2763s Section 2763s. 230.10 (2) of the statutes is amended to read:

230.10 (2) The compensation plan in effect at the time that a representative is recognized or certified to represent employees in a collective bargaining unit and the employee salary and benefit provisions under s. 230.12 (3) (e) in effect at the time that a representative is certified to represent employees in a collective bargaining unit under subch. V of ch. 111 constitute the compensation plan or employee salary and benefit provisions for employees in the collective bargaining unit until a collective bargaining agreement becomes effective for that unit. If a collective bargaining agreement under subch. V of ch. 111 expires prior to the effective date of a subsequent agreement, and a representative continues to be recognized or certified to represent employees specified in s. 111.81 (7) (a) or certified to represent employees specified in s. 111.81 (7) (b) (ar) to (f) in that collective bargaining unit, the wage rates of the employees in such a unit shall be frozen until a subsequent agreement becomes effective, and the compensation plan under s. 230.12 and salary and benefit changes adopted under s. 230.12 (3) (e) do not apply to employees in the unit.

32,2764 Section 2764. 230.12 (1) (a) 1. b. of the statutes is amended to read:

230.12 (1) (a) 1. b. The provisions governing the pay of all unclassified positions except positions for employees of the University of Wisconsin System, for employees of the legislature who are not identified under s. 20.923 (4), for employees of a service agency under subch. IV of ch. 13, for employees of the state court system, for employees of the investment board identified under s. 230.08 (2) (p), for one stenographer employed by each elective executive officer, except the secretary of state and the state treasurer, under s. 230.08 (2) (g), for 3 sales representatives of prison industries and one sales manager of prison industries identified under s. 303.01 (10), and for sales and development professional of the historical society employed under s. 44.20 (4) (a).

32,2764bg Section 2764bg. 230.12 (1) (h) of the statutes is created to read:

230.12 (1) (h) Other pay, benefits, and working conditions. The compensation plan may include other provisions relating to pay, benefits, and working conditions that shall supersede the provisions of the civil service and other applicable statutes and rules promulgated by the director and the administrator.

32,2764br Section 2764br. 230.12 (3) (a) of the statutes is amended to read:

230.12 (3) (a) Submission to the joint committee on employment relations. The director shall submit to the joint committee on employment relations a proposal for any required changes in the compensation plan which may include across the board pay adjustments for positions in the classified service. The proposal shall include the amounts and methods for within range pay progression, for pay transactions, and for performance awards. The proposal shall be based upon experience in recruiting for the service, the principle of providing pay equity regardless of gender or race, data collected as to rates of pay for comparable work in other public services and in commercial and industrial establishments, recommendations of agencies and any special studies carried on as to the need for any changes in the compensation plan to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies.

32,2764bt Section 2764bt. 230.12 (3) (b) of the statutes is amended to read:

230.12 (3) (b) Public hearing on the proposal; adoption of plan. The director shall submit the proposal for any required changes in the compensation plan to the joint committee on employment relations. The committee shall hold a public hearing on the proposal. The proposal, as may be modified by the joint committee on employment relations together with the unchanged provisions of the current compensation plan, shall, for the ensuing fiscal year or until a new or modified plan is adopted under this subsection, constitute the state's compensation plan for positions in the classified service. Any modification of the director's proposed changes in the compensation plan by the joint committee on employment relations may be disapproved by the governor within 10 calendar days. A vote of 6 members of the joint committee on employment relations is required to set aside any such disapproval of the governor.

32,2764c Section 2764c. 230.12 (3) (e) (title) of the statutes is amended to read:

230.12 (3) (e) (title) University of Wisconsin System senior executives, faculty, and academic staff employees; Wisconsin Technical College System senior executives.

32,2764g Section 2764g. 230.12 (3) (e) 1. of the statutes is amended to read:

230.12 (3) (e) 1. The director, after receiving recommendations from the board of regents and the chancellor of the University of Wisconsin-Madison, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for University of Wisconsin System employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included in a collective bargaining unit under subch. V or VI of ch. 111 for which a representative is certified. The proposal shall include the salary ranges and adjustments to the salary ranges for the university senior executive salary groups 1 and 2 established under s. 20.923 (4g). The proposal shall be based upon the competitive ability of the board of regents to recruit and retain qualified faculty and academic staff, data collected as to rates of pay for comparable work in other public services, universities and commercial and industrial establishments, recommendations of the board of regents and any special studies carried on as to the need for any changes in compensation and employee benefits to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies. The proposal for such pay adjustments may contain recommendations for across-the-board pay adjustments, merit or other adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for such University of Wisconsin System employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for such University of Wisconsin System employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The amount included in the proposal for merit and adjustments other than across-the-board pay adjustments is available for discretionary use by the board of regents.

32,2764n Section 2764n. 230.143 (intro.) of the statutes is renumbered 230.143 and amended to read:

230.143 Appointment; selective service registration. A person who is required to register with the selective service system under 50 USC, Appendix, sections 451 to 473, but has not registered, may not receive any of the following an original appointment to a position in the classified service during the period that the person is required to register:.

32,2764r Section 2764r. 230.143 (1) of the statutes is repealed.

32,2764w Section 2764w. 230.143 (2) of the statutes is repealed.

32,2765 Section 2765. 230.339 of the statutes is created to read:

230.339 Rights of certain employees of the department of safety and professional services. (1) If any of the following employees who hold the position of bureau director in the classified service at the department of commerce on the day before the effective date of this subsection .... [LRB inserts date], and who have achieved permanent status in class on or before that date are transferred to the position of bureau director in the unclassified service at the department of safety and professional services, that transferred employee shall retain those protections afforded employees in the classified service under ss. 230.34 (1) (a) and 230.44 (1) (c) relating to demotion, suspension, discharge, layoff, or reduction in base pay:

(b) Director of the bureau of petroleum environmental cleanup fund administration in the division of environmental and regulatory services.

(c) Director of the bureau of petroleum products and tanks in the division of environmental and regulatory services.

(d) Director of the bureau of integrated services in the division of safety and buildings.

(e) Director of the bureau of program development in the division of safety and buildings.

(2) Each employee specified under sub. (1) shall also have reinstatement privileges to the classified service as provided under s. 230.33 (1).

32,2766 Section 2766. 230.34 (1) (ar) of the statutes is amended to read:

230.34 (1) (ar) Paragraphs (a) and (am) apply to all employees with permanent status in class in the classified service and all employees who have served with the state as an assistant district attorney for a continuous period of 12 months or more, except that for employees specified in s. 111.81 (7) (a) in a collective bargaining unit for which a representative is recognized or certified, or for employees specified in s. 111.81 (7) (b) (ar) or (c) in a collective bargaining unit for which a representative is certified, if a collective bargaining agreement is in effect covering employees in the collective bargaining unit, the determination of just cause and all aspects of the appeal procedure shall be governed by the provisions of the collective bargaining agreement.

32,2767m Section 2767m. 230.48 (3) (b) of the statutes is amended to read:

230.48 (3) (b) Cash awards, in the an amount equal to 10 percent of the average annual savings that result from the suggestion, with a minimum payment of $50 and a maximum payment of $10,000, and payable at the times that the state employees suggestion board determines.

32,2768 Section 2768. 231.01 (1) of the statutes is renumbered 231.01 (1t).

32,2769 Section 2769. 231.01 (1m) of the statutes is created to read:

231.01 (1m) "Affiliate" means an entity that controls, is controlled by, or is under common control with another entity.

32,2770 Section 2770. 231.01 (4t) of the statutes is created to read:

231.01 (4t) "Entity" means any person other than a natural person.

32,2771 Section 2771. 231.01 (5r) of the statutes is amended to read:

231.01 (5r) "Participating child care provider" means a child care provider, or an affiliate of a child care provider, that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter.

32,2772 Section 2772. 231.01 (5w) of the statutes is amended to read:

231.01 (5w) "Participating educational institution" means a corporation, agency or association which is an entity authorized by state law to provide or operate an educational facility, or an affiliate of that entity, and which that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter.

32,2773 Section 2773. 231.01 (6) (intro.) and (a) of the statutes are consolidated, renumbered 231.01 (6) and amended to read:

231.01 (6) "Participating health institution" means: (a) A corporation, agency or association an entity authorized by state law to provide or operate a health facility, or an affiliate of that entity, and which that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter.

32,2774 Section 2774. 231.01 (6t) of the statutes is amended to read:

231.01 (6t) "Participating research institution" means an entity organized under the laws of this state that provides or operates a research facility, or an affiliate of that entity, and that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter.

32,2775 Section 2775. 231.01 (7) (c) of the statutes is amended to read:

231.01 (7) (c) "Project" may include more than one project, and it may include any combination of projects undertaken jointly by any participating health institution, participating educational institution, participating research institution, or participating child care provider with one or more other participating health institutions, participating educational institutions, participating research institutions, or participating child care providers.

32,2776 Section 2776. 231.01 (7) (cg) of the statutes is created to read:

231.01 (7) (cg) "Project" includes any project located within or outside of this state.

32,2777 Section 2777. 231.01 (7) (d) 2. of the statutes is amended to read:

231.01 (7) (d) 2. Any office or clinic of a person licensed under ch. 446, 447, 448, 449, or 455, or the substantially equivalent laws or rules of another state.

32,2778 Section 2778. 231.03 (6) (a) 3. c. of the statutes is amended to read:

231.03 (6) (a) 3. c. The expenditure, by or on behalf of a hospital, independent practitioner, partnership, unincorporated medical group or service corporation, as defined in s. 180.1901 (2), or the substantially equivalent laws or rules of another state, for clinical medical equipment.

32,2779 Section 2779. 231.03 (6) (b) of the statutes is amended to read:

231.03 (6) (b) Refinance outstanding debt of any participating health institution if the department of health services certifies that refinancing will result in a reduction in the participating health institution's rates below the rates which would have otherwise prevailed, except that the authority may not refinance any office or clinic of a person licensed under ch. 446, 447, 448, 449 or 455, or the substantially equivalent laws or rules of another state, and except that this certification is not required for the refinancing for a participating health institution that operates a facility as defined under s. 49.45 (6m) (a) 3, or for a participating health institution that is located in another state.

32,2780 Section 2780. 231.06 of the statutes is amended to read:

231.06 Property acquisition. The authority may acquire, directly or by and through a participating health institution, participating educational institution, participating research institution, or participating child care provider as its agent, by purchase or by gift or devise, such lands, structures, property, rights, rights-of-way, franchises, easements, and other interests in lands, including lands lying under water and riparian rights, which are located within this state as it deems necessary or convenient for the construction or operation of a project, upon such terms and at such prices as it considers reasonable and can be agreed upon between it and the owner thereof, and take title thereto in the name of the authority or in the name of a health facility, educational facility, research facility, or child care center as its agent.

32,2781 Section 2781. 231.08 (8) of the statutes is created to read:

231.08 (8) The proceeds of a bond issued under this section may be used for a project in this state or any other state, except that if the proceeds of a bond are used for a project located in another state, that project shall include a substantial component located in this state, as determined by the executive director.