2003 Wisconsin Act 33

33,2397 Section 2397. 230.08 (2) (e) 4f. of the statutes is amended to read:

230.08 (2) (e) 4f. Financial institutions — 4 3.

33,2398 Section 2398. 230.08 (2) (e) 7. of the statutes is amended to read:

230.08 (2) (e) 7. Justice — 4 3.

33,2398r Section 2398r. 230.08 (2) (g) of the statutes is amended to read:

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

33,2404m Section 2404m. 230.08 (2) (ya) of the statutes is created to read:

230.08 (2) (ya) The director and executive assistant to the director of the office of state human resources management in the department of administration.

33,2405d Section 2405d. 230.08 (2) (yr) of the statutes is repealed.

33,2406 Section 2406. 230.08 (4) (c) of the statutes is amended to read:

230.08 (4) (c) Any proposal of a board, department or commission, as defined in par. (a) and s. 15.01 (5), or of the historical society, for a change in the number of positions enumerated in sub. (2) (e), before being submitted to the legislature, shall first be submitted by the board, department or commission or by the historical society for a separate review by the department secretary of administration and by the secretary director. The department secretary of administration's review shall include information on the appropriateness of the proposed change with regard to a board's, department's, commission's or society's current or proposed internal organizational structure under s. 15.02 (4). The secretary's director's review shall include information on whether the existing classified or existing or proposed unclassified division administrator position involved is or would be assigned to pay range 1-18 or above in schedule 1, or a comparable level, of the compensation plan under s. 230.12. The results of these reviews shall be provided by the department secretary of administration and by the secretary director to the joint committee on finance and the joint committee on employment relations at the same time that the board's, department's, commission's or society's proposal is presented to either committee.

33,2407b Section 2407b. 230.08 (8) of the statutes is amended to read:

230.08 (8) Auditing of payrolls. The secretary director shall audit the payrolls of the classified and unclassified service, as necessary, to carry out this subchapter.

33,2407d Section 2407d. 230.09 (1) (intro.) of the statutes is amended to read:

230.09 (1) (intro.) The secretary director shall ascertain and record the duties, responsibilities and authorities of, and establish grade levels and classifications for, all positions in the classified service. Each classification so established shall include all positions which are comparable with respect to authority, responsibility and nature of work required. Each classification shall be established to include as many positions as are reasonable and practicable. In addition, each class shall:

33,2407f Section 2407f. 230.09 (2) (a) of the statutes is amended to read:

230.09 (2) (a) After consultation with the appointing authorities, the secretary director shall allocate each position in the classified service to an appropriate class on the basis of its duties, authority, responsibilities or other factors recognized in the job evaluation process. The secretary director may reclassify or reallocate positions on the same basis.

33,2407h Section 2407h. 230.09 (2) (am) of the statutes is amended to read:

230.09 (2) (am) The secretary director shall maintain and improve the classification plan to meet the needs of the service, using methods and techniques which may include personnel management surveys, individual position reviews, occupational group classification surveys, or other appropriate methods of position review. Such reviews may be initiated by the secretary director after taking into consideration the recommendations of the appointing authority, or at his or her own discretion. The secretary director shall establish, modify or abolish classifications as the needs of the service require.

33,2407j Section 2407j. 230.09 (2) (b) of the statutes is amended to read:

230.09 (2) (b) To accommodate and effectuate the continuing changes in the classification plan as a result of the classification survey program and otherwise, the secretary director shall, upon initial establishment of a classification, assign that class to the appropriate pay rate or range, and may, upon subsequent review, reassign classes to different pay rates or ranges. The secretary director shall assign each class to a pay range according to the skill, effort, responsibility and working conditions required for the class, without regard to whether the class is occupied primarily by members of a certain gender or racial group. The secretary director shall give notice to appointing authorities to permit them to make recommendations before final action is taken on any such assignment or reassignment of classes.

33,2407L Section 2407L. 230.09 (2) (c) of the statutes is amended to read:

230.09 (2) (c) If anticipated changes in program or organization will significantly affect the assignment of duties or responsibilities to positions, the appointing authority shall, whenever practicable, confer with the secretary director within a reasonable time prior to the reorganization or changes in program to formulate methods to fill positions which are newly established or modified to the extent that reclassification of the position is appropriate. In all cases, appointing authorities shall give written notice to the secretary director and employee of changes in the assignment of duties or responsibilities to a position when the changes in assignment may affect the classification of the position.

33,2407n Section 2407n. 230.09 (2) (d) of the statutes is amended to read:

230.09 (2) (d) If after review of a filled position the secretary director reclassifies or reallocates the position, the secretary director shall determine whether the incumbent shall be regraded or whether the position shall be opened to other applicants.

33,2408b Section 2408b. 230.09 (2) (g) of the statutes is amended to read:

230.09 (2) (g) When filling a new or vacant position, if the secretary 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), 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 secretary 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), 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.

33,2408d Section 2408d. 230.09 (3) of the statutes is amended to read:

230.09 (3) The secretary director shall establish separate classifications for career executive positions under s. 230.24 and rules governing the salary administration of positions in such classifications.

33,2408f Section 2408f. 230.12 (1) (a) 3. of the statutes is amended to read:

230.12 (1) (a) 3. Provisions for administration of the compensation plan and salary transactions shall be provided, as determined by the secretary director, in either the rules of the secretary director or the compensation plan.

33,2408i Section 2408i. 230.12 (1) (c) 2. of the statutes is amended to read:

230.12 (1) (c) 2. The secretary director may establish a plan of extra compensation for work performed during selected hours at an hourly rate or rates subject to approval of the joint committee on employment relations. Eligibility for such extra compensation shall be as provided in the compensation plan.

33,2408j Section 2408j. 230.12 (1) (d) of the statutes is amended to read:

230.12 (1) (d) Uniforms and safety equipment. The secretary director, with approval of the joint committee on employment relations, may establish a schedule of payments to employees for uniforms or protective clothing and equipment required to perform their duties.

33,2408L Section 2408L. 230.12 (3) (a) of the statutes is amended to read:

230.12 (3) (a) Submission to the joint committee on employment relations. The secretary 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.

33,2408n Section 2408n. 230.12 (3) (ad) of the statutes is amended to read:

230.12 (3) (ad) Timing of proposed changes. Notwithstanding any other statute, the secretary director may delay timing for announcement or implementation of any recommended changes in the compensation plan under this section until after some or all of the collective bargaining agreements under subch. V of ch. 111 for that biennium are negotiated. Any such action taken under this paragraph is not appealable under s. 230.44.

33,2408p Section 2408p. 230.12 (3) (b) of the statutes is amended to read:

230.12 (3) (b) Public hearing on the proposal; adoption of plan. The secretary 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 secretary's 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.

33,2408r Section 2408r. 230.12 (3) (c) of the statutes is amended to read:

230.12 (3) (c) Interim adjustments. Subject to pars. (a) and (b), the secretary director may propose amendments to one or more parts of the compensation plan at such times as the needs of the service require.

33,2408t Section 2408t. 230.12 (3) (e) 1. of the statutes is amended to read:

230.12 (3) (e) 1. The secretary director, after receiving recommendations from the board of regents, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for 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 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 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 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.

33,2408u Section 2408u. 230.12 (3) (e) 2. of the statutes is amended to read:

230.12 (3) (e) 2. The secretary director, after receiving recommendations from the board of the Technical College System, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for employees under s. 20.923 (7). The proposal shall include the salary ranges and adjustments to the salary ranges for the general senior executive salary groups established under s. 20.923 (7). Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for such employees. 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 employees under s. 20.923 (7).

33,2408v Section 2408v. 230.12 (4) (a) of the statutes is amended to read:

230.12 (4) (a) When an approved compensation plan or an amendment thereto becomes effective, required individual pay adjustments shall be made in accordance with determinations made by the secretary director to implement the approved plan.

33,2408w Section 2408w. 230.12 (4) (b) of the statutes is amended to read:

230.12 (4) (b) The secretary director may, without prior approval of the joint committee on employment relations, determine the circumstances under which it is appropriate for an appointing authority to grant, and authorize an appointing authority to grant, a general wage or parity adjustment, or appropriate portion thereof, previously approved by the committee under this section to employees who did not receive the adjustment on the effective date of the adjustment set forth in the plan. No general wage or parity adjustment may become effective for any employee prior to the effective date of the individual employee transaction, but the secretary director may authorize an appointing authority to grant a lump sum payment to an employee to reflect any wage or parity adjustment that the employee did not receive during the period between the effective date of the adjustment set forth in the plan and the effective date of the individual employee transaction.

33,2408x Section 2408x. 230.12 (5) (c) of the statutes is amended to read:

230.12 (5) (c) Increase limits. Unless otherwise defined in the pay schedule the total amount for all such within range increases shall not exceed the amount for such increases specified and approved by the joint committee on employment relations in its action on the secretary's director's proposal for such increases.

33,2409 Section 2409. 230.12 (7m) of the statutes is amended to read:

230.12 (7m) Pay adjustment filing requirements. Except as provided in the rules of the secretary director and in the compensation plan, pay increases shall be made only on the dates prescribed under sub. (8). Appointing authorities shall at such times each year as specified by the secretary file with the secretary director and with the department secretary of administration a list of employees showing their then existing pay rates and their proposed new pay rates.

33,2409g Section 2409g. 230.12 (9) of the statutes is amended to read:

230.12 (9) Health insurance premium credits. The secretary director may recommend to the joint committee on employment relations a program, administered by the department of employee trust funds, that provides health insurance premium credits to employees whose compensation is established under this section or s. 20.923 (2) or (3). The health insurance premium credits shall be used for the purchase of health insurance for a retired employee, or the retired employee's surviving insured dependents, and for an eligible employee under s. 40.02 (25) (b) 6e., or the eligible employee's surviving insured dependents, and shall be based on the employee's years of continuous service, accumulated unused sick leave and any other factor recommended by the secretary director. The approval process for the program is the same as that provided under sub. (3) (b) and the program shall be incorporated into the compensation plan under sub. (1).

33,2409h Section 2409h. 230.13 (1) (intro.) of the statutes is amended to read:

230.13 (1) (intro.) Except as provided in sub. (3) and s. 103.13, the secretary director and the administrator may keep records of the following personnel matters closed to the public:

33,2409p Section 2409p. 230.13 (2) of the statutes is amended to read:

230.13 (2) Unless the name of an applicant is certified under s. 230.25, the secretary director and the administrator shall keep records of the identity of an applicant for a position closed to the public, except as provided in sub. (3).

33,2409t Section 2409t. 230.13 (3) of the statutes is amended to read:

230.13 (3) The secretary director and the administrator shall provide to the department of workforce development or a county child support agency under s. 59.53 (5) information requested under s. 49.22 (2m) that would otherwise be closed to the public under this section. Information provided under this subsection may only include an individual's name and address, an individual's employer and financial information related to an individual.

33,2410 Section 2410. 230.14 (4) of the statutes is amended to read:

230.14 (4) The 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. 20.512 20.545 (1) (ka).

33,2411 Section 2411. 230.143 (3) of the statutes is repealed.

33,2412 Section 2412. 230.147 (3) of the statutes is amended to read:

230.147 (3) Notwithstanding subs. (1) and (2), the state fair park board shall make every reasonable effort to employ in permanent full-time equivalent positions persons who, at the time determined under sub. (4), receive aid under s. 49.19 or benefits under s. 49.147 (3) to (5). The state fair park board shall consult with the department of employment relations office to assure that its efforts under this subsection comply with ch. 230.

33,2412b Section 2412b. 230.15 (1m) (b) (intro.) of the statutes is amended to read:

230.15 (1m) (b) (intro.) Whenever a position is included in the classified service under par. (a), the secretary director shall determine all of the following:

33,2412e Section 2412e. 230.16 (7m) (b) (intro.) of the statutes is amended to read:

230.16 (7m) (b) (intro.) The department office shall accept an application after its due date from a veteran if all of the following apply:

33,2412m Section 2412m. 230.16 (7m) (c) of the statutes is amended to read:

230.16 (7m) (c) Within 30 days after acceptance of an application under par. (b), the department office shall give the applicant an examination.

33,2412s Section 2412s. 230.21 (1m) (b) of the statutes is amended to read:

230.21 (1m) (b) If the administrator uses the method of random certification to determine which applicants for an unskilled labor or service position will receive further consideration for the position and the appointing authority does not select a veteran or a person the hiring of whom would serve affirmative action purposes, the appointing authority shall make and retain a written record of the appointing authority's reasons for selecting the person who was appointed. The appointing authority shall make the written records available to the department office and annually submit a report to the department office summarizing the reasons contained in the written records.

33,2413 Section 2413. 230.215 (3) (a) of the statutes is amended to read:

230.215 (3) (a) An agency may, with the approval of the secretary director and with the approval of the secretary of administration under s. 16.50, restructure budgeted permanent positions as such positions become vacant or if an employee voluntarily requests a job-sharing or permanent part-time employment opportunity. No employee occupying a full-time permanent position may be involuntarily terminated, demoted, transferred or reassigned in order to restructure that position for permanent part-time employment and no such employee may be required to accept a permanent part-time position as a condition of continued employment.

33,2413b Section 2413b. 230.215 (3) (b) of the statutes is amended to read:

230.215 (3) (b) If the secretary director, upon review of the report submitted under sub. (4), determines that an agency's past or proposed actions relating to permanent part-time employment opportunities do not adequately reflect the policy under sub. (1) (e), the secretary director may recommend procedures designed to enable the agency to effect such policy.

33,2413d Section 2413d. 230.215 (4) of the statutes is amended to read:

230.215 (4) Reports. Each agency, in complying with s. 15.04 (1) (d), shall include a report on the progress or failure of the plans of such agency in achieving the policies stated under sub. (1) and shall submit a copy of such report to the secretary director.

33,2413f Section 2413f. 230.22 (1) of the statutes is amended to read:

230.22 (1) The secretary director may establish by rule an entry professional class program for use in a wide range of entry professional positions.

33,2413h Section 2413h. 230.22 (2) of the statutes is amended to read:

230.22 (2) In connection with this program the secretary director may establish separate classifications and corresponding pay provisions to provide agencies an entry professional program, through which they can compete on campuses and in the labor market for the best available applicants.

33,2413i Section 2413i. 230.24 (1) of the statutes is amended to read:

230.24 (1) The secretary director may by rule develop a career executive program that emphasizes excellence in administrative skills in order to provide agencies with a pool of highly qualified executive candidates, to provide outstanding administrative employees a broad opportunity for career advancement and to provide for the mobility of such employees among the agencies and units of state government for the most advantageous use of their managerial and administrative skills. To accomplish the purpose of this program, the administrator may provide policies and standards for recruitment, examination, probation, employment register control, certification, transfer, promotion and reemployment, and the secretary director may provide policies and standards for classification and salary administration, separate from procedures established for other employment. The secretary director shall determine the positions which may be filled from career executive employment registers.

33,2413k Section 2413k. 230.25 (1p) of the statutes is amended to read: