Amendment SSA1-SB44

SB44-SSA1, s. 2416t Section 2416t. 230.43 (5) of the statutes is amended to read:

SB44-SSA1,901,19 230.43 (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 secretary director in force at the time of such payments.

SB44-SSA1, s. 2416v Section 2416v. 230.44 (1) (b) of the statutes is amended to read:

SB44-SSA1,901,24 230.44 (1) (b) Decision made or delegated by secretary director. Appeal of a personnel decision under s. 230.09 (2) (a) or (d) or 230.13 (1) made by the secretary director or by an appointing authority under authority delegated by the secretary director under s. 230.04 (1m).

SB44-SSA1, s. 2417m Section 2417m. 230.44 (1) (dm) of the statutes is amended to read:

SB44-SSA1,902,4 230.44 (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 and the department office may not be a party to any such appeal.

SB44-SSA1, s. 2417s Section 2417s. 230.44 (4) (bm) of the statutes is amended to read:

SB44-SSA1,902,20 230.44 (4) (bm) Upon request of an employee who files an appeal of the decision of the secretary director 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 secretary director. 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).

SB44-SSA1, s. 2418 Section 2418. 230.45 (title) of the statutes is amended to read:

SB44-SSA1,902,23 230.45 (title) Powers and duties of personnel commission and division of equal rights.

SB44-SSA1, s. 2419 Section 2419. 230.45 (1) (b) of the statutes is repealed.

SB44-SSA1, s. 2420 Section 2420. 230.45 (1) (e) of the statutes is amended to read:

SB44-SSA1,903,2 230.45 (1) (e) Hear appeals, when authorized under county merit system rules under s. 49.33 49.78 (4), from any interested party.

SB44-SSA1, s. 2421 Section 2421. 230.45 (1) (g) of the statutes is repealed.

SB44-SSA1, s. 2422 Section 2422. 230.45 (1) (gm) of the statutes is repealed.

SB44-SSA1, s. 2422g Section 2422g. 230.45 (1) (h) of the statutes is amended to read:

SB44-SSA1,903,9 230.45 (1) (h) Keep minutes of its own proceedings and other official actions. All such records shall, subject to reasonable rules, be open to public inspection. Records of the secretary director or the administrator which are confidential shall be kept confidential by the division of equal rights or the commission.

SB44-SSA1, s. 2422r Section 2422r. 230.45 (1) (i) of the statutes is amended to read:

SB44-SSA1,903,13 230.45 (1) (i) Adopt rules necessary to carry out this section. Notice of the contents of such rules and amendments thereto shall be given promptly to the secretary director, the administrator and appointing authorities affected thereby.

SB44-SSA1, s. 2423 Section 2423. 230.45 (1) (j) of the statutes is repealed.

SB44-SSA1, s. 2424 Section 2424. 230.45 (1) (k) of the statutes is repealed.

SB44-SSA1, s. 2425 Section 2425. 230.45 (1) (L) of the statutes is repealed.

SB44-SSA1, s. 2426 Section 2426. 230.45 (1) (m) of the statutes is repealed.

SB44-SSA1, s. 2427 Section 2427. 230.45 (1e) of the statutes is created to read:

SB44-SSA1,903,19 230.45 (1e) The division of equal rights shall:

SB44-SSA1,904,5 (a) Receive and process complaints of discrimination of state employees under s. 111.375. In the course of investigating or otherwise processing such a complaint, the division of equal rights may require that an interview with any state employee, except a management or supervisory employee who is a party to or immediately involved in the subject matter of the complaint, be conducted outside the presence of the appointing authority or any representative or agent thereof unless the employee voluntarily requests that presence. An appointing authority shall permit an employee to be interviewed without loss of pay and to have an employee representative present at the interview. An appointing authority of an employee to be interviewed may require the division of equal rights to give the appointing authority reasonable notice prior to the interview.

SB44-SSA1,904,7 (b) Receive and process complaints of retaliatory disciplinary action under s. 230.85.

SB44-SSA1,904,11 (c) Keep minutes of its own proceedings and other official actions relating to this chapter. All such records shall, subject to reasonable rules, be open to public inspection. Records of the director or the administrator which are confidential shall be kept confidential by the division of equal rights.

SB44-SSA1,904,14 (d) Adopt rules necessary to carry out this section. Notice of the contents of such rules and amendments thereto shall be given promptly to the director, the administrator, and appointing authorities affected thereby.

SB44-SSA1, s. 2427g Section 2427g. 230.46 of the statutes is amended to read:

SB44-SSA1,904,25 230.46 Duties of council on affirmative action. The council on affirmative action in the department office shall serve in a direct advisory capacity to the secretary 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.

SB44-SSA1, s. 2427r Section 2427r. 230.48 (2) of the statutes is amended to read:

SB44-SSA1,905,7 230.48 (2) Personnel, facilities and equipment. The department 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.

SB44-SSA1, s. 2428 Section 2428. 230.81 (1) (b) of the statutes is amended to read:

SB44-SSA1,905,16 230.81 (1) (b) After asking the commission division of equal rights which governmental unit is appropriate to receive the information, disclose the information in writing only to the governmental unit that the commission division of equal rights determines is appropriate. The commission division of equal rights may not designate the department of justice, the courts, the legislature or a service agency under subch. IV of ch. 13 as an appropriate governmental unit to receive information. Each appropriate governmental unit shall designate an employee to receive information under this section.

SB44-SSA1, s. 2429 Section 2429. 230.85 (1) of the statutes is amended to read:

SB44-SSA1,905,24 230.85 (1) An employee who believes that a supervisor or appointing authority has initiated or administered, or threatened to initiate or administer, a retaliatory action against that employee in violation of s. 230.83 may file a written complaint with the commission division of equal rights, specifying the nature of the retaliatory action or threat thereof and requesting relief, within 60 days after the retaliatory action allegedly occurred or was threatened or after the employee learned of the retaliatory action or threat thereof, whichever occurs last.

SB44-SSA1, s. 2430 Section 2430. 230.85 (2) of the statutes is amended to read:

SB44-SSA1,907,2 230.85 (2) The commission division of equal rights shall receive and, except as provided in s. 230.45 (1m), investigate any complaint under sub. (1). In the course of investigating or otherwise processing such a complaint, the commission division of equal rights may require that an interview with any employee described in s. 230.80 (3), except a management or supervisory employee who is a party to or is immediately involved in the subject matter of the complaint, be conducted outside the presence of the appointing authority or any representative or agent thereof unless the employee voluntarily requests that presence. An appointing authority shall permit an employee to be interviewed without loss of pay and to have an employee representative present at the interview. An appointing authority of an employee to be interviewed may require the commission division of equal rights to give the appointing authority reasonable notice prior to the interview. If the commission division of equal rights finds probable cause to believe that a retaliatory action has occurred or was threatened, it may endeavor to remedy the problem through conference, conciliation or persuasion. If that endeavor is not successful, the commission division of equal rights shall issue and serve a written notice of hearing, specifying the nature of the retaliatory action which has occurred or was threatened, and requiring the person named, in this section called the "respondent", to answer the complaint at a hearing. The notice shall specify the place of hearing and a time of hearing not less than 30 days after service of the complaint upon the respondent nor less than 10 days after service of the notice of hearing. If, however, the commission division of equal rights determines that an emergency exists with respect to a complaint, the notice of hearing may specify a time of hearing within 30 days after service of the complaint upon the respondent, but not less than 10 days after service of the notice of hearing. The testimony at the hearing shall be recorded or taken down by a reporter appointed by the commission division of equal rights.

SB44-SSA1, s. 2431 Section 2431. 230.85 (3) (a) (intro.) of the statutes is amended to read:

SB44-SSA1,907,11 230.85 (3) (a) (intro.) After hearing, the commission division of equal rights shall make written findings and orders. If the commission division of equal rights finds that the respondent engaged in or threatened a retaliatory action, it shall order the employee's appointing authority to insert a copy of the findings and orders into the employee's personnel file and, if the respondent is a natural person, order the respondent's appointing authority to insert such a copy into the respondent's personnel file. In addition, the commission division of equal rights may take any other appropriate action, including but not limited to the following:

SB44-SSA1, s. 2432 Section 2432. 230.85 (3) (a) 4. of the statutes is amended to read:

SB44-SSA1,907,16 230.85 (3) (a) 4. Order payment of the employee's reasonable attorney fees by a governmental unit respondent, or by a governmental unit employing a respondent who is a natural person if that governmental unit received notice and an opportunity to participate in proceedings before the commission division of equal rights.

SB44-SSA1, s. 2433 Section 2433. 230.85 (3) (b) of the statutes is amended to read:

SB44-SSA1,908,5 230.85 (3) (b) If, after hearing, the commission division of equal rights finds that the respondent did not engage in or threaten a retaliatory action it shall order the complaint dismissed. The commission division of equal rights shall order the employee's appointing authority to insert a copy of the findings and orders into the employee's personnel file and, if the respondent is a natural person, order the respondent's appointing authority to insert such a copy into the respondent's personnel file. If the commission division of equal rights finds by unanimous vote that the employee filed a frivolous complaint it may order payment of the respondent's reasonable actual attorney fees and actual costs. Payment may be assessed against either the employee or the employee's attorney, or assessed so that the employee and the employee's attorney each pay a portion. To find a complaint frivolous the commission division of equal rights must find that either s. 814.025 (3) (a) or (b) applies or that both s. 814.025 (3) (a) and (b) apply.

SB44-SSA1, s. 2434 Section 2434. 230.85 (3) (c) of the statutes is amended to read:

SB44-SSA1,908,9 230.85 (3) (c) Pending final determination by the commission division of equal rights of any complaint under this section, the commission division of equal rights may make interlocutory orders.

SB44-SSA1, s. 2435 Section 2435. 230.85 (4) of the statutes is amended to read:

SB44-SSA1,908,13 230.85 (4) The commission division of equal rights shall serve a certified copy of the findings and order on the respondent and, if the respondent is a natural person, upon the respondent's appointing authority.

SB44-SSA1, s. 2436 Section 2436. 230.85 (5) (a) of the statutes is amended to read:

SB44-SSA1,908,19 230.85 (5) (a) If a respondent does not comply with any lawful order by the commission division of equal rights, for each such failure the respondent shall forfeit a sum of not less than $10 nor more than $100. Every day during which a respondent fails to comply with any order of the commission division of equal rights constitutes a separate violation of that order.

SB44-SSA1, s. 2437 Section 2437. 230.85 (5) (b) of the statutes is amended to read:

SB44-SSA1,908,22 230.85 (5) (b) As an alternative to par. (a), the commission division of equal rights may enforce an order by a suit in equity.

SB44-SSA1, s. 2438 Section 2438. 230.87 (1) of the statutes is amended to read:

SB44-SSA1,909,6 230.87 (1) Findings and orders of the commission division of equal rights under this subchapter are subject to judicial review under ch. 227. Upon that review, or in any enforcement action, the department of justice shall represent the commission division of equal rights unless a conflict of interest results from that representation. A court may order payment of a prevailing appellant employee's reasonable attorney fees by a governmental unit respondent, or by a governmental unit employing a respondent who is a natural person if that governmental unit received notice and an opportunity to appear before the court.

SB44-SSA1, s. 2439 Section 2439. 230.88 (2) of the statutes is amended to read:

SB44-SSA1,909,12 230.88 (2) Effect. (a) A final order issued under s. 230.85 or 230.87 which has not been appealed and for which the time of appeal has passed binds all parties who were subjected to the jurisdiction of the commission division of equal rights or the court and who received an opportunity to be heard. With respect to these parties, the decree is conclusive as to all issues of law and fact decided.

SB44-SSA1,909,21 (b) No collective bargaining agreement supersedes the rights of an employee under this subchapter. However, nothing in this subchapter affects any right of an employee to pursue a grievance procedure under a collective bargaining agreement under subch. V of ch. 111, and if the commission division of equal rights determines that a grievance arising under such a collective bargaining agreement involves the same parties and matters as a complaint under s. 230.85, it shall order the arbitrator's final award on the merits conclusive as to the rights of the parties to the complaint, on those matters determined in the arbitration which were at issue and upon which the determination necessarily depended.

SB44-SSA1,910,7 (c) No later than 10 days before the specified time of hearing under s. 230.85 (2), an employee shall notify the commission division of equal rights orally or in writing if he or she has commenced or will commence an action in a court of record alleging matters prohibited under s. 230.83 (1). If the employee does not substantially comply with this requirement, the commission division of equal rights may assess against the employee any costs attributable to the failure to notify. Failure to notify the commission division of equal rights does not affect a court's jurisdiction to proceed with the action. Upon commencement of such an action in a court of record, the commission division of equal rights has no jurisdiction to process a complaint filed under s. 230.85 except to dismiss the complaint and, if appropriate, to assess costs under this paragraph.

SB44-SSA1, s. 2440 Section 2440. 230.89 of the statutes is amended to read:

SB44-SSA1,910,10 230.89 Rule making and reporting. (1) The commission division of equal rights shall promulgate rules to carry out its responsibilities under this subchapter.

SB44-SSA1,910,16 (2) Every 2 years, the commission division of equal rights shall submit a report to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), regarding complaints filed, hearings held and actions taken under this subchapter, including the dollar amount of any monetary settlement or final monetary award which has become binding on the parties.

SB44-SSA1, s. 2441 Section 2441. 233.10 (3) (c) 4. of the statutes is amended to read:

SB44-SSA1,910,23 233.10 (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 department of employment relations office of state human resources management 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.

SB44-SSA1, s. 2442 Section 2442. 233.10 (4) of the statutes is amended to read:

SB44-SSA1,911,7 233.10 (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 department of employment relations office of state human resources management governing transfers as a person who holds a position in the classified service.

SB44-SSA1, s. 2444 Section 2444. 234.034 of the statutes is amended to read:

SB44-SSA1,911,12 234.034 Consistency with state housing strategy plan. Subject to agreements with bondholders or noteholders, the authority shall exercise its powers and perform its duties related to housing consistent with the state housing strategy plan under s. 16.31 560.9802.

SB44-SSA1, s. 2445 Section 2445. 234.06 (1) of the statutes is amended to read:

SB44-SSA1,911,22 234.06 (1) The authority may, as authorized in the state housing strategy plan under s. 16.31 560.9802, use the moneys held in the housing development fund to make temporary loans to eligible sponsors, with or without interest, and with such security for repayment, if any, as the authority determines reasonably necessary and practicable, solely from the housing development fund, to defray development costs for the construction of proposed housing projects for occupancy by persons and families of low and moderate income. No temporary loan may be made unless the authority may reasonably anticipate that satisfactory financing may be obtained by the eligible sponsor for the permanent financing of the housing project.

SB44-SSA1, s. 2446 Section 2446. 234.06 (3) of the statutes is amended to read:

SB44-SSA1,912,8 234.06 (3) The authority may, as authorized in the state housing strategy plan under s. 16.31 560.9802, use the moneys held in the housing development fund to establish and administer programs of grants to counties, municipalities and eligible sponsors of housing projects for persons of low and moderate income, to pay organizational expenses, administrative costs, social services, technical services, training expenses or costs incurred or expected to be incurred by counties, municipalities or sponsors for land and building acquisition, construction, improvements, renewal, rehabilitation, relocation or conservation under a plan to provide housing or related facilities, if the costs are not reimbursable from other private or public loan, grant or mortgage sources.

SB44-SSA1, s. 2447 Section 2447. 234.165 (2) (b) 2. of the statutes is amended to read:

SB44-SSA1,912,15 234.165 (2) (b) 2. Annually before August 31 the authority shall submit to the governor a plan for expending or encumbering the actual surplus reported under subd. 1. The part of the plan related to housing shall be consistent with the state housing strategy plan under s. 16.31 560.9802. The plan submitted under this subdivision may be attached to and submitted as a part of the report filed under subd. 1.

SB44-SSA1, s. 2448 Section 2448. 234.25 (1) (e) of the statutes is amended to read:

SB44-SSA1,912,20 234.25 (1) (e) An evaluation of its progress in implementing within its own housing programs the goals, policies and objectives of the state housing strategy plan under s. 16.31 560.9802, and recommendations for legislation to improve its ability to carry out its programs consistent with the state housing strategy plan.

SB44-SSA1, s. 2449 Section 2449. 253.06 (4) (c) 2. of the statutes is amended to read:

SB44-SSA1,913,2 253.06 (4) (c) 2. If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due, the clerk of the court shall collect and transmit such amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.

SB44-SSA1, s. 2450 Section 2450. 253.06 (5) (e) of the statutes is amended to read:

SB44-SSA1,913,15 253.06 (5) (e) The suspension or termination of authorization of a vendor or eligibility of a participant shall be effective beginning on the 15th day after receipt of the notice of suspension or termination. All forfeitures, recoupments, and enforcement assessments shall be paid to the department within 15 days after receipt of notice of assessment or, if the forfeiture, recoupment, or enforcement assessment is contested under sub. (6), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is adverse to the department or unless the final decision is appealed and the decision is stayed by court order under sub. (7). The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund. The department shall deposit all enforcement assessments in the appropriation under s. 20.435 (1) (gr).

SB44-SSA1, s. 2451 Section 2451. 254.45 (4) (b) of the statutes is amended to read:

SB44-SSA1,913,18 254.45 (4) (b) The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.

SB44-SSA1, s. 2452 Section 2452. 254.59 (2) of the statutes is amended to read:

SB44-SSA1,914,20 254.59 (2) If a human health hazard is found on private property, the local health officer shall notify the owner and the occupant of the property, by registered mail with return receipt requested, of the presence of the human health hazard and order its abatement or removal within 30 days of receipt of the notice. If the human health hazard is not abated or removed by that date, the local health officer shall immediately enter upon the property and abate or remove the human health hazard or may contract to have the work performed. The human health hazard shall be abated in a manner which is approved by the local health officer. The cost of the abatement or removal may be recovered from the person permitting the violation or may be paid by the municipal treasurer and the account, after being paid by the treasurer, shall be filed with the municipal clerk, who shall enter the amount chargeable to the property in the next tax roll in a column headed "For Abatement of a Nuisance" as a special tax on the lands upon which the human health hazard was abated, and the tax shall be collected as are other taxes. In case of railroads or other lands not taxed in the usual way, the amount chargeable shall be certified by the clerk to the state treasurer secretary of administration who shall add the amount designated in the certificate to the sum due from the company owning, occupying, or controlling the land specified, and the state treasurer secretary of administration shall collect the amount as prescribed in subch. I of ch. 76 and return the amount collected to the town, city, or village from which the certificate was received. Anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both. The only defenses an owner may have against the collection of a tax under this subsection are that no human health hazard existed on the owner's property, that no human health hazard was corrected on the owner's property, that the procedure outlined in this subsection was not followed or any applicable defense under s. 74.33.

SB44-SSA1, s. 2453 Section 2453. 254.59 (5) of the statutes is amended to read:

SB44-SSA1,915,13 254.59 (5) The cost of abatement or removal of a human health hazard under this section may be at the expense of the municipality and may be collected from the owner or occupant, or person causing, permitting, or maintaining the human health hazard, or may be charged against the premises and, upon certification of the local health officer, assessed as are other special taxes. In cases of railroads or other lands not taxed in the usual way, the amount chargeable shall be certified by the clerk to the state treasurer secretary of administration who shall add the amount designated in the certificate to the sum due from the company owning, occupying , or controlling the land specified, and the state treasurer secretary of administration shall collect the amount as prescribed in subch. I of ch. 76 and return the amount collected to the town, city, or village from which the certificate was received. Anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both. The only defenses an owner may have against the collection of a tax under this subsection are that no human health hazard existed on the owner's property, that no human health hazard was corrected on the owner's property, that the procedure outlined in this subsection was not followed, or any applicable defense under s. 74.33.

SB44-SSA1, s. 2453m Section 2453m. Subchapter VIII (title) of chapter 254 [precedes 254.89] of the statutes is repealed.

SB44-SSA1, s. 2454 Section 2454. 254.89 of the statutes is renumbered 97.24 (5) and amended to read:

SB44-SSA1,916,2 97.24 (5) Certification of Grade A dairy operations. The department shall conduct evaluation surveys of grade A dairy operations in this state to the extent necessary to certify to the federal food and drug administration, out-of-state markets, the department of agriculture, trade and consumer protection, the federal public health service, and local health departments, the compliance rating of the grade A dairy operations based upon the sanitation and enforcement requirements of the grade A pasteurized milk ordinance of the federal public health service and its related documents. The department may promulgate rules establishing fees which may be charged to dairy plants to fund these activities.