Amendment SSA1-SB44

SB44-SSA1, s. 2373 Section 2373. 227.44 (2s) of the statutes is repealed.

SB44-SSA1, s. 2376 Section 2376 . 227.47 (2) of the statutes is amended to read:

SB44-SSA1,872,24 227.47 (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.

SB44-SSA1, s. 2377 Section 2377. 227.47 (2) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44-SSA1,873,13 227.47 (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.

SB44-SSA1, s. 2378 Section 2378. 227.52 (3) of the statutes is amended to read:

SB44-SSA1,873,18 227.52 (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.

SB44-SSA1, s. 2379 Section 2379. 227.52 (5) of the statutes is repealed.

SB44-SSA1, s. 2380 Section 2380. 227.53 (1) (a) 1. of the statutes is amended to read:

SB44-SSA1,874,4 227.53 (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.

SB44-SSA1, s. 2382 Section 2382. 227.53 (1) (b) 4. of the statutes is amended to read:

SB44-SSA1,874,9 227.53 (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.

SB44-SSA1, s. 2383 Section 2383. 227.53 (1) (b) 5. of the statutes is repealed.

SB44-SSA1, s. 2384 Section 2384. 227.53 (1) (d) of the statutes is amended to read:

SB44-SSA1,874,19 227.53 (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.

SB44-SSA1, s. 2384e Section 2384e. 230.01 (2) of the statutes is amended to read:

SB44-SSA1,875,11 230.01 (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.

SB44-SSA1, s. 2384m Section 2384m. 230.02 of the statutes is amended to read:

SB44-SSA1,875,15 230.02 Liberal construction of statutes. Statutes applicable to the department office shall be construed liberally in aid of the purposes declared in s. 230.01.

SB44-SSA1, s. 2385 Section 2385. 230.03 (8) of the statutes is amended to read:

SB44-SSA1,875,18 230.03 (8) "Commission" means the personnel employment relations commission.

SB44-SSA1, s. 2386e Section 2386e. 230.03 (9) of the statutes is repealed.

SB44-SSA1, s. 2386m Section 2386m. 230.03 (9e) of the statutes is created to read:

SB44-SSA1,875,21 230.03 (9e) "Director" means the director of the office.

SB44-SSA1, s. 2386s Section 2386s. 230.03 (10) of the statutes is amended to read:

SB44-SSA1,875,24 230.03 (10) "Division" means the division of merit recruitment and selection in the department office.

SB44-SSA1, s. 2387 Section 2387. 230.03 (10e) of the statutes is created to read:

SB44-SSA1,876,2 230.03 (10e) "Division of equal rights" means the division of equal rights in the department of workforce development.

SB44-SSA1, s. 2387e Section 2387e. 230.03 (10r) of the statutes is amended to read:

SB44-SSA1,876,6 230.03 (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.

SB44-SSA1, s. 2387m Section 2387m. 230.03 (10w) of the statutes is created to read:

SB44-SSA1,876,8 230.03 (10w) "Office" means the office of state human resources management.

SB44-SSA1, s. 2387s Section 2387s. 230.03 (13) of the statutes is repealed.

SB44-SSA1, s. 2387w Section 2387w. 230.04 (title) of the statutes is amended to read:

SB44-SSA1,876,11 230.04 (title) Powers and duties of the secretary director.

SB44-SSA1, s. 2388 Section 2388. 230.04 (1) of the statutes is amended to read:

SB44-SSA1,876,16 230.04 (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.

SB44-SSA1, s. 2389 Section 2389. 230.04 (1m) of the statutes is amended to read:

SB44-SSA1,877,8 230.04 (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.

SB44-SSA1, s. 2389d Section 2389d. 230.04 (2) of the statutes is amended to read:

SB44-SSA1,877,13 230.04 (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.

SB44-SSA1, s. 2389h Section 2389h. 230.04 (3) of the statutes is amended to read:

SB44-SSA1,877,19 230.04 (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.

SB44-SSA1, s. 2389p Section 2389p. 230.04 (4) of the statutes is amended to read:

SB44-SSA1,877,22 230.04 (4) The secretary director shall establish and maintain a collective bargaining capability under s. 111.815 (2).

SB44-SSA1, s. 2389s Section 2389s. 230.04 (5) of the statutes is amended to read:

SB44-SSA1,878,2 230.04 (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.

SB44-SSA1, s. 2390 Section 2390. 230.04 (7) of the statutes is repealed.

SB44-SSA1, s. 2390b Section 2390b. 230.04 (8) of the statutes is amended to read:

SB44-SSA1,878,6 230.04 (8) The secretary director shall establish an employee performance evaluation program under s. 230.37 (1).

SB44-SSA1, s. 2390c Section 2390c. 230.04 (9) (intro.) of the statutes is amended to read:

SB44-SSA1,878,8 230.04 (9) (intro.) The secretary director shall do all of the following:

SB44-SSA1, s. 2390d Section 2390d. 230.04 (9) (f) of the statutes is renumbered 230.455 and amended to read:

SB44-SSA1,878,17 230.455 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.

SB44-SSA1, s. 2390e Section 2390e. 230.04 (9m) of the statutes is amended to read:

SB44-SSA1,878,21 230.04 (9m) The secretary director shall conduct periodic reviews and evaluations of the written records of hiring decisions made by appointing authorities under ss. 230.21 (1m), 230.25 (1p) and 230.27 (2k).

SB44-SSA1, s. 2390f Section 2390f. 230.04 (9r) (b) (intro.) of the statutes is amended to read:

SB44-SSA1,878,24 230.04 (9r) (b) (intro.) The secretary director shall keep a record of all of the following:

SB44-SSA1, s. 2390g Section 2390g. 230.04 (10) (a) of the statutes is amended to read:

SB44-SSA1,879,4 230.04 (10) (a) The secretary director may require all agencies and their officers to comply with the secretary's director's request to furnish current information pertaining to authorized positions, payroll and related items regarding civil service and employment relations functions.

SB44-SSA1, s. 2390h Section 2390h. 230.04 (10) (b) of the statutes is amended to read:

SB44-SSA1,879,11 230.04 (10) (b) The secretary director shall request from each agency and each agency shall furnish to the secretary director relevant racial, ethnic, gender and disability information on every new employee hired by the agency including limited term, project, seasonal and sessional employees. The secretary director shall maintain the data to permit a periodic review of the agency's affirmative action plan accomplishments.

SB44-SSA1, s. 2390i Section 2390i. 230.04 (10) (c) of the statutes is amended to read:

SB44-SSA1,879,18 230.04 (10) (c) The secretary director shall request from each agency and each agency shall furnish to the secretary director relevant information regarding the prior military service, if any, of every new employee hired by the agency including limited term, project, seasonal and sessional employees. The secretary director shall maintain the data to permit a periodic review of the progress being made to provide employment opportunities in civil service for veterans and disabled veterans.

SB44-SSA1, s. 2390j Section 2390j. 230.04 (11) of the statutes is amended to read:

SB44-SSA1,879,21 230.04 (11) The secretary director may provide by rule for an understudy program to assure continuity in selected positions.

SB44-SSA1, s. 2390k Section 2390k. 230.04 (12) of the statutes is amended to read:

SB44-SSA1,879,25 230.04 (12) The secretary director shall keep in the office an official roster of all permanent classified employees which shall include classification titles, pay and employment status changes and appropriate dates thereof.

SB44-SSA1, s. 2390L Section 2390L. 230.04 (13) (intro.) of the statutes is amended to read:

SB44-SSA1,880,2 230.04 (13) (intro.) The secretary director shall do all of the following:

SB44-SSA1, s. 2390m Section 2390m. 230.04 (14) of the statutes is amended to read:

SB44-SSA1,880,6 230.04 (14) The secretary director shall establish, by rule, the scope and minimum requirements of a state employee grievance procedure relating to conditions of employment.

SB44-SSA1, s. 2390n Section 2390n. 230.04 (15) of the statutes is amended to read:

SB44-SSA1,880,11 230.04 (15) The secretary director shall review and either approve or disapprove each determination by an agency head regarding the classification of a state employee as a protective occupation participant for purposes of the Wisconsin retirement system.

SB44-SSA1, s. 2390nm Section 2390nm. 230.04 (16) of the statutes is created to read:

SB44-SSA1,880,14 230.04 (16) The director may appoint an executive assistant outside the classified service.

SB44-SSA1, s. 2390p Section 2390p. 230.046 (5) (c) of the statutes is amended to read:

SB44-SSA1,880,19 230.046 (5) (c) An agreement has been entered into by the trainee and the appointing authority relative to employment with the state, together with such other terms and conditions as may be necessary under the rules of the secretary director whenever on-the-job trainees are employed; and

SB44-SSA1, s. 2390q Section 2390q. 230.046 (7) of the statutes is amended to read:

SB44-SSA1,880,24 230.046 (7) Establish internships. The secretary director shall establish in the classified service in-service training internships designed to give rigorous training in public service administration for periods not to exceed 3 years under the direct supervision of experienced administrators.

SB44-SSA1, s. 2390r Section 2390r. 230.046 (8) of the statutes is amended to read:

SB44-SSA1,881,5 230.046 (8) Cooperate for scholarship loans. To stimulate the interest of qualified students of exceptional merit in government career service, the secretary director shall cooperate with the board of regents of the University of Wisconsin System in providing opportunities for recipients of public service scholarship loans to secure employment under the internship plan.

SB44-SSA1, s. 2390s Section 2390s. 230.046 (9) of the statutes is amended to read:

SB44-SSA1,881,11 230.046 (9) Tuition refund program. The secretary director may establish by rule in the classified service a tuition refund program to supplement departmental training, to encourage employee job-related development and, upon satisfactory completion of training under this program to refund to the employee, an amount not to exceed the cost of tuition and necessary fees.

SB44-SSA1, s. 2390t Section 2390t. 230.046 (10) (intro.) of the statutes is amended to read:

SB44-SSA1,881,14 230.046 (10) Department functions Functions of the office. (intro.) The department office may do all of the following: