2003 Wisconsin Act 33

33,2354 Section 2354. 223.105 (3) (a) of the statutes is amended to read:

223.105 (3) (a) To assure compliance with such rules as may be established under s. 220.04 (7), the division of banking, and the office of credit unions and the division of savings institutions shall, at least once every 18 months, examine the fiduciary operations of each organization which is under its respective jurisdiction and is subject to examination under sub. (2). If a particular organization subject to examination under sub. (2) is not otherwise under the jurisdiction of one of the foregoing agencies, such examination shall be conducted by the division of banking.

33,2355 Section 2355. 223.105 (4) of the statutes is amended to read:

223.105 (4) Notice of fiduciary operation. Except for those organizations licensed under ch. 221 or this chapter, any organization engaged in fiduciary operations as defined in this section shall, as required by rule, notify the division of banking, or the office of credit unions or the division of savings institutions of that fact, directing the notice to the agency then exercising regulatory authority over the organization or, if there is none, to the division of banking. Any organization which intends to engage in fiduciary operations shall, prior to engaging in such operations, notify the appropriate agency of this intention. The notifications required under this subsection shall be on forms and contain information required by the rules promulgated by the division of banking.

33,2356 Section 2356. 223.105 (5) of the statutes is amended to read:

223.105 (5) Enforcement remedy. The division of banking or the division of savings institutions or office of credit unions shall, upon the failure of such organization to submit notifications or reports required under this section or otherwise to comply with the provisions of this section, or rules established by the division of banking under s. 220.04 (7), upon due notice, order such defaulting organization to cease and desist from engaging in fiduciary activities and may apply to the appropriate court for enforcement of such order.

33,2357 Section 2357. 223.105 (6) of the statutes is amended to read:

223.105 (6) Sunset. Except for an organization regulated by the office of credit unions or the division of savings institutions, a savings bank or savings and loan association regulated by the division of banking, or an organization authorized by the division of banking to operate as a bank or trust company under ch. 221 or this chapter, an organization may not begin activity as a fiduciary operation under this section after May 12, 1992. An organization engaged in fiduciary operations under this section on May 12, 1992, may continue to engage in fiduciary operations after that date.

33,2358 Section 2358. 223.20 (3) of the statutes is amended to read:

223.20 (3) Surrender of trust powers. If a converted trust company bank has been fully discharged of all trusts committed to it, it may, by amendment to its articles of incorporation, duly adopted by its stockholders and approved by the division, surrender its powers to act in a fiduciary capacity. A trust company bank that surrenders its trust powers under this subsection shall eliminate from its corporate name the word "trust;" "trust" and may thereupon withdraw from the state treasurer secretary of administration all securities and cash that it has deposited with the state treasurer secretary of administration pursuant to s. 223.02.

33,2359 Section 2359. 224.71 (3) (b) 1m. of the statutes is amended to read:

224.71 (3) (b) 1m. A community-based organization, as defined in s. 16.30 560.9801 (1), or a housing authority, as defined in s. 16.30 560.9801 (2).

33,2360 Section 2360. 224.71 (4) (b) 1m. of the statutes is amended to read:

224.71 (4) (b) 1m. A community-based organization, as defined in s. 16.30 560.9801 (1), or a housing authority, as defined in s. 16.30 560.9801 (2).

33,2361 Section 2361. 224.77 (1m) (c) of the statutes is amended to read:

224.77 (1m) (c) All forfeitures shall be paid to the division of banking within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (b), within 10 days after receipt of the final decision after exhaustion of administrative review. The division of banking shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.

33,2364 Section 2364. 227.01 (13) (zk) of the statutes is repealed.

33,2367 Section 2367. 227.03 (7) of the statutes is amended to read:

227.03 (7) Except as provided in s. 230.44 (4) (bm), this chapter does not apply to proceedings before the personnel employment relations commission in matters that are arbitrated in accordance with s. 230.44 (4) (bm).

33,2368 Section 2368. 227.10 (3) (e) of the statutes is amended to read:

227.10 (3) (e) Nothing in this subsection prohibits the administrator of the division of merit recruitment and selection in the department of employment relations office of state human resources management from promulgating rules relating to expanded certification under s. 230.25 (1n).

33,2369 Section 2369. 227.115 (1) (a) and (b) of the statutes are amended to read:

227.115 (1) (a) "Department" means the department of administration commerce.

(b) "State housing strategy plan" means the plan developed under s. 16.31 560.9802.

33,2370 Section 2370. 227.115 (3) (a) 5. of the statutes is amended to read:

227.115 (3) (a) 5. Housing costs, as defined in s. 16.30 560.9801 (3) (a) and (b).

33,2373 Section 2373. 227.44 (2s) of the statutes is repealed.

33,2376 Section 2376 . 227.47 (2) of the statutes is amended to read:

227.47 (2) Except as otherwise provided in this subsection, a proposed or final decision of the personnel employment relations commission, hearing examiner or arbitrator concerning an appeal of the decision of the secretary of employment relations made under s. 230.09 (2) (a) or (d) shall not be accompanied by findings of fact or conclusions of law. If within 30 days after the commission issues a decision in such an appeal either party files a petition for judicial review of the decision under s. 227.53 and files a written notice with the commission that the party has filed such a petition, the commission shall issue written findings of fact and conclusions of law within 90 days after receipt of the notice. The court shall stay the proceedings pending receipt of the findings and conclusions.

33,2377 Section 2377. 227.47 (2) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

227.47 (2) Except as otherwise provided in this subsection, a proposed or final decision of the employment relations commission, hearing examiner or arbitrator concerning an appeal of the decision of the secretary of employment relations director of the office of state human resources management made under s. 230.09 (2) (a) or (d) shall not be accompanied by findings of fact or conclusions of law. If within 30 days after the commission issues a decision in such an appeal either party files a petition for judicial review of the decision under s. 227.53 and files a written notice with the commission that the party has filed such a petition, the commission shall issue written findings of fact and conclusions of law within 90 days after receipt of the notice. The court shall stay the proceedings pending receipt of the findings and conclusions.

33,2378 Section 2378. 227.52 (3) of the statutes is amended to read:

227.52 (3) Those decisions of the division of banking that are subject to review, prior to any judicial review, by the banking review board, and decisions of the division of banking relating to savings banks or savings and loan associations, but no other institutions subject to the jurisdiction of the division of banking.

33,2379 Section 2379. 227.52 (5) of the statutes is repealed.

33,2380 Section 2380. 227.53 (1) (a) 1. of the statutes is amended to read:

227.53 (1) (a) 1. Proceedings for review shall be instituted by serving a petition therefor personally or by certified mail upon the agency or one of its officials, and filing the petition in the office of the clerk of the circuit court for the county where the judicial review proceedings are to be held. If the agency whose decision is sought to be reviewed is the tax appeals commission, the banking review board, the credit union review board, or the savings and loan institutions review board or the savings bank review board, the petition shall be served upon both the agency whose decision is sought to be reviewed and the corresponding named respondent, as specified under par. (b) 1. to 5. 4.

33,2382 Section 2382. 227.53 (1) (b) 4. of the statutes is amended to read:

227.53 (1) (b) 4. The savings and loan institutions review board, the division of savings institutions banking, except if the petitioner is the division of savings institutions banking, the prevailing parties before the savings and loan institutions review board shall be the named respondents.

33,2383 Section 2383. 227.53 (1) (b) 5. of the statutes is repealed.

33,2384 Section 2384. 227.53 (1) (d) of the statutes is amended to read:

227.53 (1) (d) Except in the case of the tax appeals commission, the banking review board, the credit union review board, and the savings and loan institutions review board and the savings bank review board, the agency and all parties to the proceeding before it, shall have the right to participate in the proceedings for review. The court may permit other interested persons to intervene. Any person petitioning the court to intervene shall serve a copy of the petition on each party who appeared before the agency and any additional parties to the judicial review at least 5 days prior to the date set for hearing on the petition.

33,2384c Section 2384c. 229.46 (1) (a) of the statutes is amended to read:

229.46 (1) (a) "Minority business" has the meaning given in s. 200.49 (1) (a) means a business that is certified by the department of commerce under s. 560.036 (2).

33,2384cj Section 2384cj. 229.70 (1) (a) of the statutes is amended to read:

229.70 (1) (a) "Minority business" has the meaning given in s. 560.036 (1) (e) means a business that is certified by the department of commerce under s. 560.036 (2).

33,2384cm Section 2384cm. 229.8273 (1) (b) of the statutes is amended to read:

229.8273 (1) (b) "Minority business" has the meaning given in s. 560.036 (1) (e) means a business that is certified by the department of commerce under s. 560.036 (2).

33,2384cr Section 2384cr. 229.845 (1) (a) of the statutes is amended to read:

229.845 (1) (a) "Minority business" has the meaning given in s. 560.036 (1) (e) means a business that is certified by the department of commerce under s. 560.036 (2).

33,2384e Section 2384e. 230.01 (2) of the statutes is amended to read:

230.01 (2) It is the policy of the state and the responsibility of the secretary director and the administrator to maintain a system of personnel management which fills positions in the classified service through methods which apply the merit principle, with adequate civil service safeguards. It is the policy of this state to provide for equal employment opportunity by ensuring that all personnel actions including hire, tenure or term, and condition or privilege of employment be based on the ability to perform the duties and responsibilities assigned to the particular position without regard to age, race, creed or religion, color, disability, sex, national origin, ancestry, sexual orientation or political affiliation. It is the policy of this state to take affirmative action which is not in conflict with other provisions of this chapter. It is the policy of the state to ensure its employees opportunities for satisfying careers and fair treatment based on the value of each employee's services. It is the policy of this state to encourage disclosure of information under subch. III and to ensure that any employee employed by a governmental unit is protected from retaliatory action for disclosing information under subch. III. It is the policy of this state to correct pay inequities based on gender or race in the state civil service system.

33,2384m Section 2384m. 230.02 of the statutes is amended to read:

230.02 Liberal construction of statutes. Statutes applicable to the department office shall be construed liberally in aid of the purposes declared in s. 230.01.

33,2385 Section 2385. 230.03 (8) of the statutes is amended to read:

230.03 (8) "Commission" means the personnel employment relations commission.

33,2386e Section 2386e. 230.03 (9) of the statutes is repealed.

33,2386m Section 2386m. 230.03 (9e) of the statutes is created to read:

230.03 (9e) "Director" means the director of the office.

33,2386s Section 2386s. 230.03 (10) of the statutes is amended to read:

230.03 (10) "Division" means the division of merit recruitment and selection in the department office.

33,2387 Section 2387. 230.03 (10e) of the statutes is created to read:

230.03 (10e) "Division of equal rights" means the division of equal rights in the department of workforce development.

33,2387e Section 2387e. 230.03 (10r) of the statutes is amended to read:

230.03 (10r) "Job group" means a set of classifications combined by the department office on the basis of similarity in responsibility, pay range and nature of work.

33,2387m Section 2387m. 230.03 (10w) of the statutes is created to read:

230.03 (10w) "Office" means the office of state human resources management.

33,2387s Section 2387s. 230.03 (13) of the statutes is repealed.

33,2387w Section 2387w. 230.04 (title) of the statutes is amended to read:

230.04 (title) Powers and duties of the secretary director.

33,2388 Section 2388. 230.04 (1) of the statutes is amended to read:

230.04 (1) The secretary director is charged with the effective administration of this chapter. All powers and duties, necessary to that end, which are not exclusively vested by statute in the commission, the division of equal rights, the administrator or appointing authorities, are reserved to the secretary director.

33,2389 Section 2389. 230.04 (1m) of the statutes is amended to read:

230.04 (1m) The secretary 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 secretary 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 secretary director determines that any agency is not performing such delegated function within prescribed standards, the secretary director shall forthwith withdraw such delegated function. Subject to the approval of the joint committee on finance, the secretary director may order transferred to the department 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 department 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 personnel commission under s. 230.44 (1) (b). The secretary director shall be a party in such an appeal.

33,2389d Section 2389d. 230.04 (2) of the statutes is amended to read:

230.04 (2) The secretary director may utilize the services of technical or specialized personnel to assist in implementing and maintaining a sound personnel management program. These services may be obtained from persons inside or outside of state service.

33,2389h Section 2389h. 230.04 (3) of the statutes is amended to read:

230.04 (3) The secretary director may issue enforceable orders on all matters relating to the administration, enforcement and effect of this chapter and the rules prescribed thereunder except on matters relating to the provisions of subch. III or to those provisions of subch. II for which responsibility is specifically charged to the administrator.

33,2389p Section 2389p. 230.04 (4) of the statutes is amended to read:

230.04 (4) The secretary director shall establish and maintain a collective bargaining capability under s. 111.815 (2).

33,2389s Section 2389s. 230.04 (5) of the statutes is amended to read:

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

33,2390 Section 2390. 230.04 (7) of the statutes is repealed.

33,2390b Section 2390b. 230.04 (8) of the statutes is amended to read:

230.04 (8) The secretary director shall establish an employee performance evaluation program under s. 230.37 (1).

33,2390c Section 2390c. 230.04 (9) (intro.) of the statutes is amended to read:

230.04 (9) (intro.) The secretary director shall do all of the following:

33,2390d Section 2390d. 230.04 (9) (f) of the statutes is renumbered 230.455 and amended to read:

230.455 Division of affirmative action. Establish an affirmative action subunit reporting directly to the secretary . The division of affirmative action subunit shall advise and assist the secretary director, the administrator and agency heads on establishing policies and programs to ensure appropriate affirmative action. The subunit division of affirmative action shall advise and assist the secretary director in monitoring such programs and shall provide staff to the council on affirmative action council.

33,2390e Section 2390e. 230.04 (9m) of the statutes is amended to read: