Amendment ASA1-AB373

AB373-ASA1,31 Section 31. 230.03 (5) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB373-ASA1,32 Section 32. 230.03 (9e) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-ASA1,13,19 230.03 (9e) "Director" means the director of the bureau office.

AB373-ASA1,33 Section 33. 230.03 (10) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-ASA1,13,23 230.03 (10) "Division" means the division of personnel management merit recruitment and selection in the department of administration office.

AB373-ASA1,34 Section 34. 230.03 (10w) of the statutes is created to read:

AB373-ASA1,13,25 230.03 (10w) "Office" means the office of civil service.

AB373-ASA1,35 Section 35. 230.04 (1m) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-ASA1,14,18 230.04 (1m) The administrator director may delegate, in writing, any of his or her functions set forth in this chapter to an appointing authority, within prescribed standards if the administrator director finds that the agency has personnel management capabilities to perform such functions effectively and has indicated its approval and willingness to accept such responsibility by written agreement. If the administrator director determines that any agency is not performing such delegated function within prescribed standards, the administrator director shall forthwith withdraw such delegated function. Subject to the approval of the joint committee on finance, the administrator director may order transferred to the division office from the agency to which delegation was made such agency staff and other resources as necessary to perform such functions if increased staff was authorized to that agency as a consequence of such delegation or if the division office reduced staff or shifted staff to new responsibilities as a result of such delegation. Any delegatory action taken under s. 230.09 (2) (a) or (d) or 230.13 (1) by an appointing authority may be appealed to the commission under s. 230.44 (1) (b). The administrator director shall be a party in such an appeal.

AB373-ASA1,36 Section 36. 230.04 (5) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-ASA1,14,25 230.04 (5) The administrator director shall promulgate rules on all matters relating to the administration of the division office and the performance of the duties assigned to the administrator director, except on matters relating to those provisions of subch. II for which responsibility is specifically charged to the director administrator.

AB373-ASA1,37 Section 37. 230.04 (9) (f) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-ASA1,15,7 230.04 (9) (f) Establish an affirmative action subunit. The affirmative action subunit shall advise and assist the director, the administrator, and agency heads on establishing policies and programs to ensure appropriate affirmative action. The subunit shall advise and assist the administrator director in monitoring such programs and shall provide staff to the council on affirmative action.

AB373-ASA1,38 Section 38. 230.04 (16) of the statutes is created to read:

AB373-ASA1,15,10 230.04 (16) The director may appoint either a deputy director or an executive assistant outside the classified service.

AB373-ASA1,39 Section 39. 230.04 (18) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-ASA1,15,18 230.04 (18) The administrator director may provide any services and materials to agencies and may charge the agencies for providing the services and materials. The administrator director shall establish a methodology for determining the costs of services and materials charged to state agencies under this subsection. All moneys received from the charges shall be deposited in the appropriation account under s. 20.505 (1) (kz) 20.545 (1) (k).

AB373-ASA1,40 Section 40. 230.05 (2) (a) and (9) of the statutes, as affected by 2015 Wisconsin Act 55, are amended to read:

AB373-ASA1,16,11 230.05 (2) (a) Except as provided under par. (b), the director administrator may delegate, in writing, any of his or her functions set forth in this subchapter to an appointing authority, within prescribed standards if the director administrator finds that the agency has personnel management capabilities to perform such functions effectively and has indicated its approval and willingness to accept such responsibility by written agreement. If the director administrator determines that any agency is not performing such delegated function within prescribed standards, the director administrator shall withdraw such delegated function. The director administrator may order transfer to the bureau division from the agency to which delegation was made such agency staff and other resources as necessary to perform such functions if increased staff was authorized to that agency as a consequence of such delegation or if the bureau division reduced staff or shifted staff to new responsibilities as a result of such delegation subject to the approval of the joint committee on finance. Any delegatory action taken under this subsection by any appointing authority may be appealed to the commission under s. 230.44 (1) (a). The director administrator shall be a party in such appeal.

AB373-ASA1,16,15 (9) The director administrator may provide any services and materials to agencies and may charge the agencies for providing the services and materials. All moneys received from the charges shall be deposited in the appropriation account under s. 20.505 (1) (kz) 20.545 (1) (k).

AB373-ASA1,41 Section 41. 230.08 (2) (e) 8j. of the statutes is created to read:

AB373-ASA1,16,17 230.08 (2) (e) 8j. Office of civil service - 3.

AB373-ASA1,42 Section 42. 230.08 (2) (xr) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB373-ASA1,43 Section 43. 230.08 (2) (ya) of the statutes is created to read:

AB373-ASA1,16,23 230.08 (2) (ya) The director, deputy director, and executive assistant to the director of the office of civil service, and an employee in the office of civil service who performs services relating to the coordination of state employee benefits.

AB373-ASA1,44 Section 44. 230.14 (4) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-ASA1,17,4 230.14 (4) The director administrator may charge an agency a fee to announce any vacancy to be filled in a classified or unclassified position in that agency. Funds received under this subsection shall be credited to the appropriation account under s. 20.505 (1) (kn) 20.545 (1) (ka).

AB373-ASA1,45 Section 45. 230.16 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-ASA1,17,10 230.16 (1) (a) The director administrator shall require persons applying for admission to any examination under this subchapter or under the rules of the director administrator to file an application with the bureau office a reasonable time prior to the proposed examination.

AB373-ASA1,46 Section 46. 230.16 (1) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-ASA1,17,14 230.16 (1) (b) The bureau division shall furnish application forms without charge to all persons requesting them.

AB373-ASA1,47 Section 47. 230.16 (6) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-ASA1,17,20 230.16 (6) If any applicant is unable to complete the examination in the form presented to the applicant due to a disability, the bureau division shall provide a reader, an appropriate place to take the examination or other similar prerequisites to ensure equality of opportunity in the examination.

AB373-ASA1,48 Section 48. 230.315 (1) (c) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-ASA1,18,2 230.315 (1) (c) The employee has received a military leave of absence under s. 230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V of ch. 111, or under rules promulgated by the division office of civil service or is eligible for reemployment with the state under s. 321.64 after completion of his or her service in the U.S. armed forces.

AB373-ASA1,49 Section 49. 230.46 of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-ASA1,18,14 230.46 Duties of council on division of affirmative action. The council on division of affirmative action shall serve in a direct advisory capacity to the administrator 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.

AB373-ASA1,50 Section 50. 230.48 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-ASA1,18,22 230.48 (2) Personnel, facilities and equipment. The administrator 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.

AB373-ASA1,51 Section 51. 301.16 (1o) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-ASA1,19,10 301.16 (1o) (b) In the selection of classified service employees of the institution specified in par. (a), the appointing authority shall, whenever possible, use the expanded certification program under rules of the director of the bureau administrator of the division of merit recruitment and selection in the department of administration office of civil service to ensure that employees of the institution reflect the general population of either the county in which the institution is located or the most populous county contiguous to the county in which the institution is located, whichever population is greater. The director administrator of the bureau division of merit recruitment and selection in the department of administration shall provide guidelines for the administration of this selection procedure.

AB373-ASA1,52 Section 52. 938.538 (6m) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-ASA1,19,22 938.538 (6m) (b) In the selection of classified service employees for a juvenile correctional facility authorized under 1993 Wisconsin Act 377, section 9108 (1) (a), the appointing authority shall make every effort to use the expanded certification program under s. 230.25 (1n) or rules of the director administrator of the bureau division of merit recruitment and selection in the department of administration office of civil service to ensure that the percentage of employees who are minority group members approximates the percentage of the juveniles placed at that juvenile correctional facility who are minority group members. The director of the bureau administrator of the division of merit recruitment and selection shall provide guidelines for the administration of the selection procedure.

AB373-ASA1,53 Section 53. Nonstatutory provisions.

AB373-ASA1,19,24 (1) Terminology changes.

AB373-ASA1,20,5 (a) Substitute "office of civil service" for "division of personnel management in the department of administration" or for "division of personnel management in the department", whichever is appropriate, in sections 16.004 (7) (a), 20.916 (4) (a) and (5) (a), 20.923 (18) (a), 40.06 (1) (dm), 70.99 (3) (a), 73.09 (2), 230.90 (2), 233.10 (3) (c) 4. and (4), and 301.03 (5h) of the statutes, as affected by the acts of 2015.

AB373-ASA1,20,14 (b) Substitute "director of the office of civil service" for "administrator of the division of personnel management in the department of administration" or "administrator of the division of personnel management in the department", whichever is appropriate, in sections 13.121 (4), 13.123 (1) (a) 1., 13.20 (2), 15.16 (1) (intro.), 15.165 (2), 16.40 (18), 16.415 (3), 16.50 (3) (f), 20.901 (1) (b), 20.916 (2), (4m) (b), and (9) (d) and (f) 1. and 3., 20.917 (1) (c) and (d), (2) (a), (3) (a) 1. and 2., (5) (b), and (6), 20.923 (7) (intro.), 36.09 (1) (j), 40.05 (4) (ag) 1. and 2. and (ah) 1. and (4g) (a) 4., 40.515 (1), 40.52 (3), 46.29 (3) (d), 227.47 (2), 321.64 (1) (c), and 978.12 (1) (c) of the statutes, as affected by the acts of 2015.

AB373-ASA1,20,18 (c) Substitute "office" for "division" in sections 111.815 (1), 111.89 (1), 111.92 (1) (a) 1., 230.04 (12), 230.046 (10) (title) and (intro.), 230.147 (3), 230.16 (7m) (b) (intro.) and (c), 230.21 (1m) (b), 230.25 (1p), 230.27 (2k), and 230.44 (1) (dm) of the statutes, as affected by the acts of 2015.

AB373-ASA1,20,21 (d) Substitute "director of the office" for "administrator of the division" in sections 111.815 (2) and (3), 111.83 (3) (a), 111.91 (4), and 111.915 of the statutes, as affected by the acts of 2015.

AB373-ASA1,21,5 (e) Substitute "director" for "administrator" in sections 230.04 (title), (1), (2), (3), (4), (8), (9) (intro.), (9m), (9r) (b) (intro.), (10) (a), (b), and (c), (11), (12), (13) (intro.), (14), (15), and (17), 230.046 (5) (c), (7), (8), and (9), 230.047 (8), 230.06 (1) (f), (g), and (L), 230.08 (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) and (3) (a), (ad), (b), (c), (e) 1. and 2., (4), (5) (c), (7m), and (9), 230.15 (1m) (b) (intro.), 230.215 (3) (a) and (b) and (4), 230.22 (1) and (2), 230.24 (1), 230.32 (3), 230.33 (2), 230.34 (1) (c) and (4), 230.35 (1) (d), (1m) (f), (2), (2r) (b), (3) (d) and (e) 2. e. and 5., and (5) (b), 230.37 (1), 230.43 (5), and 230.44 (1) (b) and (4) (bm) of the statutes, as affected by the acts of 2015.

AB373-ASA1,21,14 (f) Substitute "administrator" for "director" in sections 230.04 (3), 230.05 (title), (1), (2) (b), (3), (4), (5), (6), (7), and (8), 230.08 (7), 230.09 (2) (g), 230.15 (1), (1m) (c), (2), and (2m), 230.16 (1) (am), (2), (3), (5), (9), and (11), 230.17, 230.18, 230.19 (1) and (2), 230.21 (1), (1m) (a) (intro.) and (b), (2), and (3), 230.213, 230.22 (3) and (4), 230.24 (1) and (1m), 230.25 (1), (1g), (1n) (a) (intro.) and (b), (2), (3) (b), (4), and (5), 230.26 (1), (1m), (2), and (5), 230.27 (1m) (b) and (2), 230.275 (1) (d), 230.28 (1) (a), (b), (bm) (intro.), and (c), (3), and (4), 230.29, 230.30 (1), 230.31 (1) (b) and (2), 230.32 (4) and (5), 230.34 (2) (b), (2m), and (3), 230.40 (6), and 230.44 (1) (a) and (dm) of the statutes, as affected by the acts of 2015.

AB373-ASA1,21,16 (2) Elimination of the division of personnel management in the department of administration.

AB373-ASA1,21,19 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the division of personnel management in the department of administration become the assets and liabilities of the office of civil service.

AB373-ASA1,21,23 (b) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees in the classified service of the state civil service holding those positions in the division of personnel management in the department of administration are transferred to the office of civil service.

AB373-ASA1,22,3 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under chapter 230 of the statutes that they enjoyed immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB373-ASA1,22,7 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the division of personnel management in the department of administration is transferred to the office of civil service.

AB373-ASA1,22,12 (e) Pending matters. Any matter pending with the division of personnel management in the department of administration on the effective date of this paragraph is transferred to the office of civil service. All materials submitted to or actions taken by the division of personnel management are considered as having been submitted to or taken by the office of civil service.

AB373-ASA1,22,18 (f) Contracts. All contracts entered into by the division of personnel management in the department of administration in effect on the effective date of this paragraph remain in effect and are transferred to the office of civil service. The office of civil service shall carry out any obligations under those contracts unless modified or rescinded by the office of civil service to the extent allowed under the contract.

AB373-ASA1,23,2 (g) Rules and orders. All rules promulgated by the division of personnel management in the department of administration 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 civil service. All orders issued by the division of personnel management 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 civil service.

AB373-ASA1,23,3 (End)