SB21: Bill Text

SB21,1410,3 230.34 (2m) Employees in positions funded by nonstate funds made available contingent on special employee eligibility requirements such as length of prior unemployment, specific occupational disadvantages or need for remedial work experience, shall be exempt from inclusion with the employees whose positions are in classes considered for layoff under sub. (2). In the case of reduction in force in such nonstate funded positions, layoffs and layoff procedures established pursuant to the rules of the administrator director may be limited to employees whose positions are dependent upon specific funding contingencies.

SB21,3774 Section 3774. 230.34 (3) of the statutes is amended to read:

SB21,1410,7 230.34 (3) The appointing authority shall confer with the administrator director relative to a proposed layoff a reasonable time before the effective date thereof in order to assure compliance with the rules.

SB21,3775 Section 3775. 230.34 (4) of the statutes is amended to read:

SB21,1410,10 230.34 (4) Resignations shall be regulated by the rules of the director administrator.

SB21,3776 Section 3776. 230.35 (1) (d) of the statutes is amended to read:

SB21,1410,17 230.35 (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 director administrator, 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.

SB21,3777 Section 3777. 230.35 (1m) (f) of the statutes is amended to read:

SB21,1411,6 230.35 (1m) (f) The continuous service of an employee eligible for annual leave under this subsection shall not be considered interrupted if the employee was on an approved leave of absence to participate in providing specialized disaster relief services or if the employee leaves the service and is reemployed by the state in another position covered under this subsection. Employees appointed to career executive positions under s. 230.24 or positions designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), or (9) or authorized under s. 230.08 (2) (e) are not subject to the continuous service requirements under sub. (1) (g) if they are reemployed in any of those positions, regardless of the duration of their absence. If the employees are reemployed in a position other than a career executive position or a position designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), or (9) or authorized under s. 230.08 (2) (e), continuous service shall be established in accordance with rules of the director administrator.

SB21,3778 Section 3778. 230.35 (1s) of the statutes is amended to read:

SB21,1411,13 230.35 (1s) Annual leave of absence with pay for instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2013 stats., shall be determined by the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2013 stats., as approved by the chancellor of the University of Wisconsin-Parkside.

SB21,3779 Section 3779. 230.35 (1s) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed.

SB21,3780 Section 3780. 230.35 (2) of the statutes is amended to read:

SB21,1412,2 230.35 (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 director administrator, 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 director administrator.

SB21,3781 Section 3781. 230.35 (2r) (b) of the statutes is amended to read:

SB21,1412,9 230.35 (2r) (b) The director administrator 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 director administrator shall determine the types and amounts of leave credits that may be donated.

SB21,3782 Section 3782. 230.35 (3) (d) of the statutes is amended to read:

SB21,1412,14 230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of absence to compete in promotional examinations and interviews. The director administrator shall promulgate rules governing the lengths of time allowable for such leaves, their frequency and the provisions for their use.

SB21,3783 Section 3783. 230.35 (3) (e) 2. e. of the statutes is amended to read:

SB21,1412,18 230.35 (3) (e) 2. e. The leave of absence conforms with any rules of the director administrator regarding leaves of absence to provide specialized disaster relief services.

SB21,3784 Section 3784. 230.35 (3) (e) 5. of the statutes is amended to read:

SB21,1412,21 230.35 (3) (e) 5. The director administrator may promulgate any rules necessary to implement this paragraph.

SB21,3785 Section 3785. 230.35 (5) (b) of the statutes is amended to read:

SB21,1413,3 230.35 (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 director administrator.

SB21,3786 Section 3786. 230.36 (1m) (b) 2. (intro.) of the statutes is amended to read:

SB21,1413,10 230.36 (1m) (b) 2. (intro.) A conservation warden, conservation patrol boat captain, conservation patrol boat engineer, member of the state patrol, state motor vehicle inspector, University of Wisconsin System police officer, security officer, or security person, other state facilities police officer, special tax agent, excise tax investigator employed by the department of revenue, and special criminal investigation agent employed by the department of justice at all times while:

SB21,3787 Section 3787. 230.36 (2m) (a) 14. of the statutes is amended to read:

SB21,1413,13 230.36 (2m) (a) 14. A University of Wisconsin System police officer or other state facilities police officer and patrol officer.

SB21,3788 Section 3788. 230.37 (1) of the statutes is amended to read:

SB21,1413,20 230.37 (1) In cooperation with appointing authorities the director administrator 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.

SB21,3789 Section 3789. 230.40 (6) of the statutes is amended to read:

SB21,1413,22 230.40 (6) The administrator director shall administer this section.

SB21,3790 Section 3790. 230.43 (5) of the statutes is amended to read:

SB21,1414,7 230.43 (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 director administrator in force at the time of such payments.

SB21,3791 Section 3791. 230.44 (1) (a) of the statutes is amended to read:

SB21,1414,12 230.44 (1) (a) Decision made or delegated by administrator director. Appeal of a personnel decision under this subchapter made by the administrator director or by an appointing authority under authority delegated by the administrator director under s. 230.05 (2).

SB21,3792 Section 3792. 230.44 (1) (b) of the statutes is amended to read:

SB21,1414,17 230.44 (1) (b) Decision made or delegated by director administrator. Appeal of a personnel decision under s. 230.09 (2) (a) or (d) or 230.13 (1) made by the director administrator or by an appointing authority under authority delegated by the director administrator under s. 230.04 (1m).

SB21,3793 Section 3793. 230.44 (1) (dm) of the statutes is amended to read:

SB21,1414,22 230.44 (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 director and the office division may not be a party to any such appeal.

SB21,3794 Section 3794. 230.44 (4) (bm) of the statutes is amended to read:

SB21,1415,13 230.44 (4) (bm) Upon request of an employee who files an appeal of the decision of the director administrator 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 director administrator. 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).

SB21,3795 Section 3795. 230.46 of the statutes is amended to read:

SB21,1415,24 230.46 Duties of council on affirmative action. The council on affirmative action in the office shall serve in a direct advisory capacity to the director administrator 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.

SB21,3796 Section 3796. 230.48 (2) of the statutes is amended to read:

SB21,1416,6 230.48 (2) Personnel, facilities and equipment. The office administrator 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.

SB21,3797 Section 3797. 230.90 (1) (c) of the statutes is amended to read:

SB21,1416,15 230.90 (1) (c) "Governmental unit" means any association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor and the courts. "Governmental unit" does not mean the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, or any political subdivision of the state or body within one or more political subdivisions which is created by law or by action of one or more political subdivisions.

SB21,3798 Section 3798. 230.90 (2) of the statutes is amended to read:

SB21,1417,2 230.90 (2) An employee may bring an action in circuit court against his or her employer or employer's agent, including this state, if the employer or employer's agent retaliates, by engaging in a disciplinary action, against the employee because the employee exercised his or her rights under the first amendment to the U.S. constitution or article I, section 3, of the Wisconsin constitution by lawfully disclosing information or because the employer or employer's agent believes the employee so exercised his or her rights. The employee shall bring the action within 2 years after the action allegedly occurred or after the employee learned of the action, whichever occurs last. No employee may bring an action against the office division of state employment relations personnel management in the department of administration as an employer's agent.

SB21,3799 Section 3799. 231.02 (2) of the statutes is amended to read:

SB21,1417,19 231.02 (2) The authority shall appoint an executive director and associate executive director who shall not be members of the authority and who shall serve at the pleasure of the authority. They shall receive such compensation as the authority fixes, except that the compensation of the executive director shall not exceed the maximum of the salary range established under s. 20.923 (1) for positions assigned to executive salary group 4 6 and the compensation of each other employee of the authority shall not exceed the maximum of the salary range established under s. 20.923 (1) for positions assigned to executive salary group 3. The executive director or associate executive director or other person designated by resolution of the authority shall keep a record of the proceedings of the authority and shall be custodian of all books, documents, and papers filed with the authority, the minute book or journal of the authority, and its official seal. The executive director or associate executive director or other person may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.

SB21,3800 Section 3800. 231.27 (1) of the statutes is amended to read:

SB21,1417,24 231.27 (1) In this section, "minority business", "minority financial adviser" and "minority investment firm" mean a business, financial adviser and investment firm, respectively, certified by the department of administration under s. 16.287 203.07 (2).

SB21,3801 Section 3801. 231.29 (1) of the statutes is amended to read:

SB21,1418,3 231.29 (1) In this section, "business," "financial adviser," and "investment firm" mean a business, financial adviser, and investment firm certified by the department of administration under s. 16.283 203.03 (3).

SB21,3802 Section 3802. 232.05 (3) of the statutes is amended to read:

SB21,1418,5 232.05 (3) The corporation may not:

SB21,1418,7 (a) Sell, exchange, or otherwise divest itself of the Bradley center to a sports and entertainment district under subch. VI of ch. 229.

SB21,1418,10 (b) Dissolve and wind up its affairs, unless the legislature enacts a law ordering dissolution or except as provided in s. 232.07 upon the sale, exchange, or other divestiture of the Bradley center.

SB21,3803 Section 3803. 233.01 (3) of the statutes is amended to read:

SB21,1418,13 233.01 (3) "Board of regents" means the board of regents of the University of Wisconsin System Authority.

SB21,3804 Section 3804. 233.04 (7) (e) of the statutes is amended to read:

SB21,1418,18 233.04 (7) (e) Any provision necessary to ensure that the general management and operation of the on-campus facilities are consistent with the mission of the University of Wisconsin System and responsibilities of the University of Wisconsin System Authority specified in ss. 36.01 and 36.09 36.11.

SB21,3805 Section 3805. 233.10 (3) (c) 4. of the statutes is amended to read:

SB21,1419,2 233.10 (3) (c) 4. Grant to the carry-over employee military leave, treatment of military leave, jury service leave and voting leave in accordance with s. 230.35 (3) and (4) (e) and, to the extent applicable, rules of the office division of state employment relations personnel management in the department of administration governing such leaves for employees in the classified service as of the last day of the employee's employment as a state employee if the employee was entitled to those benefits on that day.

SB21,3806 Section 3806. 233.10 (3r) (b) 1. of the statutes is amended to read:

SB21,1419,7 233.10 (3r) (b) 1. Enter into an employment contract for such period with the carry-over employee. For such period, the contract shall provide the carry-over employee with the same procedural guarantees provided to persons having academic staff appointments under s. 36.15, 2013 stats., on June 29, 1996.

SB21,3807 Section 3807. 233.10 (3r) (b) 3. of the statutes is amended to read:

SB21,1419,15 233.10 (3r) (b) 3. Grant to the carry-over employee, except when he or she is on an unpaid leave of absence, a paid holiday on each of the days specified as a holiday in policies and procedures established by the board of regents under s. 36.15 (2), 2013 stats., as of the last day of the employee's employment as a state employee and any holiday compensatory time off that may be specified in policies and procedures established by the board of regents under s. 36.15 (2), 2013 stats., as of the last day of the employee's employment in the academic staff appointment.

SB21,3808 Section 3808. 233.10 (3r) (b) 5. of the statutes is amended to read:

SB21,1419,20 233.10 (3r) (b) 5. Grant to the carry-over employee military leave, treatment of military leave, jury service leave and voting leave in accordance with policies and procedures established by the board of regents under s. 36.15 (2), 2013 stats., and, as of the last day of the employee's employment in the academic staff appointment.

SB21,3809 Section 3809. 233.10 (3r) (b) 6. of the statutes is amended to read:

SB21,1419,25 233.10 (3r) (b) 6. Grant to the carry-over employee the same opportunity for any employee training that may be provided under policies and procedures established by the board of regents under s. 36.15 (2), 2013 stats., as of the last day of his or her employment in the academic staff appointment.

SB21,3810 Section 3810. 233.10 (4) of the statutes is amended to read:

SB21,1420,8 233.10 (4) Notwithstanding the requirement that an employee be a state employee, a carry-over employee of the authority who was employed in a position in the classified service immediately prior to beginning employment with the authority shall, from June 29, 1996, to June 30, 1997, have the same transfer rights under s. 230.29 and the rules of the office division of state employment relations personnel management in the department of administration governing transfers as a person who holds a position in the classified service.

SB21,3811 Section 3811. Chapter 234 (title) of the statutes is repealed.

SB21,3812 Section 3812. Subchapter I (title) of chapter 234 [precedes 234.01] of the statutes is renumbered subchapter IV (title) of chapter 235 [precedes 235.40] and amended to read:

SB21,1420,13 CHAPTER 235

SB21,1420,14 SUBCHAPTER IV

SB21,1420,16 GENERAL PROVISIONS; HOUSING AND ECONOMIC DEVELOPMENT PROGRAMS

SB21,3813 Section 3813. 234.01 (intro.) of the statutes is renumbered 235.40 (intro.) and amended to read:

SB21,1420,19 235.40 Definitions. (intro.) In this chapter subchapter:

SB21,3814 Section 3814. 234.01 (1) of the statutes is repealed.

SB21,3815 Section 3815. 234.01 (2) of the statutes is repealed.

SB21,3816 Section 3816. 234.01 (3) of the statutes is repealed.

SB21,3817 Section 3817. 234.01 (3m) of the statutes is renumbered 235.40 (3m) and amended to read:

SB21,1421,3 235.40 (3m) "Collateral" means a 3rd-party note, mortgage, guaranty, insurance policy, bond, letter of credit, security agreement, or other instrument securing the repayment of an economic development loan or a mortgage loan.