Amendment AA4-AB373

AB373-AA4,6,10 20.916 (8) (a) The administrator of the division of personnel management in the department of administration director of the office of civil service shall recommend to the joint committee on employment relations uniform travel schedule amounts for travel by state officers and employees whose compensation is established under s. 20.923 or 230.12. Such amounts shall include maximum permitted amounts for meal and lodging costs, other allowable travel expenses under sub. (9) (d), and porterage tips, except as authorized under s. 16.53 (12) (c). In lieu of the maximum permitted amounts for expenses under sub. (9) (b), (c), and (d), the administrator director may recommend to the committee a per diem amount and method of reimbursement for any or all expenses under sub. (9) (b), (c), and (d).

AB373-AA4,2c Section 2c. 20.923 (4) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,7,12 20.923 (4) State agency positions. (intro.) State agency heads, the director of the bureau administrator of the division of merit recruitment and selection in the department of administration office of civil service and commission chairpersons and members shall be identified and limited in number in accordance with the standardized nomenclature contained in this subsection, and shall be assigned to the executive salary groups listed in pars. (a) to (h). Except for positions specified in pars. (c) 3m. and (g) 1e. and sub. (12), all unclassified division administrator positions enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint committee on employment relations, by the administrator of the division of personnel management in the department of administration director of the office of civil service to one of 10 executive salary groups. The joint committee on employment relations, by majority vote of the full committee, may amend recommendations for initial position assignments and changes in assignments to the executive salary groups submitted by the administrator of the division of personnel management in the department of administration director of the office of civil service. All division administrator assignments and amendments to assignments of administrator positions approved by the committee shall become part of the compensation plan. Whenever a new unclassified division administrator position is created, the appointing authority may set the salary for the position until the joint committee on employment relations approves assignment of the position to an executive salary group. If the committee approves assignment of the position to an executive salary group having a salary range minimum or maximum inconsistent with the salary paid to the incumbent at the time of such approval, the incumbent's salary shall be adjusted by the appointing authority to conform with the committee's action, effective on the date of that action. Positions are assigned as follows:

AB373-AA4,2d Section 2d. 20.923 (4) (c) 3m. and (f) 1. of the statutes, as affected by 2015 Wisconsin Act 55, are amended to read:

AB373-AA4,7,17 20.923 (4) (c) 3m. Administration, department of; division of personnel management; bureau office of civil service; division of merit recruitment and selection: administrator.

AB373-AA4,7,19 (f) 1. Administration, department of; division office of personnel management: administrator civil service; director.

AB373-AA4,2e Section 2e. 20.923 (4) (c) 3n. and 3o. of the statutes are created to read:

AB373-AA4,7,22 20.923 (4) (c) 3n. Administration, department of; office of civil service; division of labor relations: administrator.

AB373-AA4,7,24 3o. Administration, department of; office of civil service; division of affirmative action: administrator.

AB373-AA4,2f Section 2f. 20.923 (8) of the statutes, as affected by 2015 Wisconsin Acts 55 and 58, is amended to read:

AB373-AA4,8,11 20.923 (8) Deputies. Salaries for deputies appointed pursuant to ss. 13.94 (3) (b), 15.04 (2), 230.04 (16), and 551.601 (1) shall be set by the appointing authority. The salary, other than the salary of the deputy secretary of the department of employee trust funds, shall not exceed the maximum of the salary range one range below the salary range of the executive salary group to which the department or agency head is assigned. The associate director of the historical society shall be treated as an unclassified deputy for pay purposes under this subsection. The salary of the deputy director of the office of business development in the department of administration is assigned to executive salary group 2.

AB373-AA4,2g Section 2g. 20.923 (9) of the statutes, as affected by 2015 Wisconsin Acts 55 and 58, is amended to read:

AB373-AA4,9,2 20.923 (9) Assistant deputy secretary and executive assistants. Salaries for assistant deputy secretaries and executive assistants appointed under ss. 15.05 (3) and 15.06 (4m) shall be set by the appointing authority. The salary for an assistant deputy secretary or an executive assistant appointed under s. 15.05 (3) or 15.06 (4m), other than the salary for the executive assistant to the director of the technical college system and the assistant deputy secretary of the department of employee trust funds, may not exceed the maximum of the salary range 2 ranges below the salary range for the executive salary group to which the department or agency head is assigned. The position of administrative assistant to the lieutenant governor shall be treated as are executive assistants for pay purposes under this subsection. The salary for the executive assistant appointed under s. 230.04 (16) shall be set by the appointing authority. The salary for that position may not exceed the maximum of the salary range 2 ranges below the salary range for the executive salary group to which the appointing authority is assigned.".

AB373-AA4,9,3 4. Page 6, line 21: after that line insert:

AB373-AA4,9,5 " Section 3b. 45.82 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,9,22 45.82 (2) The department of veterans affairs shall award a grant annually, on a reimbursable basis as specified in this subsection, to a county that meets the standards developed under this section if the county executive, administrator, or administrative coordinator certifies to the department that it employs a county veterans service officer who, if chosen after April 15, 2015, is chosen from a list of candidates who have taken a civil service examination for the position of county veterans service officer developed and administered by the bureau division of merit recruitment and selection in the department of administration office of civil service, or is appointed under a civil service competitive examination procedure under s. 59.52 (8) or ch. 63. The department of veterans affairs shall twice yearly reimburse grant recipients for documented expenses under sub. (5), subject to the following annual reimbursement limits: $8,500 for a county with a population of less than 20,000, $10,000 for a county with a population of 20,000 to 45,499, $11,500 for a county with a population of 45,500 to 74,999, and $13,000 for a county with a population of 75,000 or more. The department of veterans affairs shall use the most recent Wisconsin official population estimates prepared by the demographic services center when making grants under this subsection.

AB373-AA4,3c Section 3c. 49.78 (5) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,10,8 49.78 (5) Personnel examinations. Statewide examinations to ascertain qualifications of applicants in any county department administering aid to families with dependent children shall be given by the director of the bureau administrator of the division of merit recruitment and selection in the department of administration office of civil service. The department of administration office of civil service shall be reimbursed for actual expenditures incurred in the performance of its functions under this section from the appropriations available to the department of children and families for administrative expenditures.

AB373-AA4,3d Section 3d. 59.26 (8) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,11,14 59.26 (8) (a) In any county with a population of less than 500,000, the board, by ordinance, may fix the number of deputy sheriffs to be appointed in that county at not less than that number required by sub. (1) (a) and (b) and may set the salary of those deputies. Subject to sub. (10), the board may provide by ordinance that deputy sheriff positions be filled by appointment by the sheriff from a list of all persons with the 3 highest scores for each position based on a competitive examination. Such competitive examinations may be by a county civil service commission or by the bureau division of merit recruitment and selection in the department of administration office of civil service at the option of the board and it shall so provide by ordinance. The bureau division of merit recruitment and selection shall, upon request of the board, conduct such examination according to the methods used in examinations for the state civil service and shall certify an eligible list of the names of all persons with the 3 highest scores on that examination for each position to the sheriff of that county who shall, subject to sub. (10), make an appointment from that list to fill the position within 10 days after he or she receives the eligible list. The county for which such examination is conducted shall pay the cost of that examination. If a civil service commission is decided upon for the selection of deputy sheriffs, then ss. 63.01 to 63.17 shall apply so far as consistent with this subsection, except ss. 63.03, 63.04 and 63.15 and except the provision governing minimum compensation of the commissioners. The ordinance or an amending ordinance may provide for employee grievance procedures and disciplinary actions, for hours of work, for tours of duty according to seniority and for other administrative regulations. Any board provision consistent with this paragraph and existing on July 25, 1951, is validated. If the sheriff fills a deputy sheriff position by promotion, the sheriff shall, subject to sub. (10), make the appointment to the position from a list of 3 deputy sheriffs who receive the highest scores in a competitive examination. Such competitive examinations may be by a county civil service commission or by the bureau division of merit recruitment and selection in the office of civil service at the option of the board and it shall so provide by ordinance.".

AB373-AA4,11,15 5. Page 9, line 9: after that line insert:

AB373-AA4,11,17 " Section 10g. 73.09 (5) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,11,24 73.09 (5) Examinations. As provided in subs. (1) and (2), the department of revenue, assisted by the bureau division of merit recruitment and selection in the department of administration office of civil service, shall prepare and administer examinations for each level of certification. Persons applying for an examination under this subsection shall submit a $20 examination fee with their application. Certification shall be granted to each person who passes the examination for that level.

AB373-AA4,10h Section 10h. 111.81 (5) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB373-AA4,10i Section 10i. 111.81 (14) of the statutes is created to read:

AB373-AA4,12,4 111.81 (14) "Office" means the office of civil service.

AB373-AA4,10j Section 10j. 111.86 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,12,13 111.86 (2) The division office shall charge a state department or agency the employer's share of the cost related to grievance arbitration under sub. (1) for any arbitration that involves one or more employees of the state department or agency. Each state department or agency so charged shall pay the amount that the division charges from the appropriation account or accounts used to pay the salary of the grievant. Funds received under this subsection shall be credited to the appropriation account under s. 20.505 (1) (ks) 20.545 (1) (km).

AB373-AA4,10k Section 10k. 227.10 (3) (e) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,12,19 227.10 (3) (e) Nothing in this subsection prohibits the director administrator of the bureau division of merit recruitment and selection in the department of administration office of civil service from promulgating rules relating to expanded certification under s. 230.25 (1n).".

AB373-AA4,12,20 6. Page 10, line 15: after that line insert:

AB373-AA4,12,22 " Section 13b. 230.02 of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,13,3 230.02 Liberal construction of statutes. Statutes applicable to the division and bureau office shall be construed liberally in aid of the purposes declared in s. 230.01.

AB373-AA4,13c Section 13c. 230.03 (5) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB373-AA4,13d Section 13d. 230.03 (9e) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,13,8 230.03 (9e) "Director" means the director of the bureau office.

AB373-AA4,13e Section 13e. 230.03 (10) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,13,12 230.03 (10) "Division" means the division of personnel management merit recruitment and selection in the department of administration office.

AB373-AA4,13f Section 13f. 230.03 (10w) of the statutes is created to read:

AB373-AA4,13,14 230.03 (10w) "Office" means the office of civil service.

AB373-AA4,13g Section 13g. 230.04 (1m) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,14,7 230.04 (1m) The administrator 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 administrator 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 administrator director determines that any agency is not performing such delegated function within prescribed standards, the administrator director shall forthwith withdraw such delegated function. Subject to the approval of the joint committee on finance, the administrator director may order transferred to the division 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 division 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 commission under s. 230.44 (1) (b). The administrator director shall be a party in such an appeal.

AB373-AA4,13h Section 13h. 230.04 (5) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,14,14 230.04 (5) The administrator director shall promulgate rules on all matters relating to the administration of the division office and the performance of the duties assigned to the administrator director, except on matters relating to those provisions of subch. II for which responsibility is specifically charged to the director administrator.

AB373-AA4,13i Section 13i. 230.04 (9) (f) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,14,21 230.04 (9) (f) Establish an affirmative action subunit. The affirmative action subunit shall advise and assist the director, the administrator, and agency heads on establishing policies and programs to ensure appropriate affirmative action. The subunit shall advise and assist the administrator director in monitoring such programs and shall provide staff to the council on affirmative action.".

AB373-AA4,14,22 7. Page 10, line 25: after that line insert:

AB373-AA4,14,23 " Section 15b. 230.04 (16) of the statutes is created to read:

AB373-AA4,15,2 230.04 (16) The director may appoint either a deputy director or an executive assistant outside the classified service.

AB373-AA4,15h Section 15h. 230.04 (18) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,15,10 230.04 (18) The administrator director may provide any services and materials to agencies and may charge the agencies for providing the services and materials. The administrator director shall establish a methodology for determining the costs of services and materials charged to state agencies under this subsection. All moneys received from the charges shall be deposited in the appropriation account under s. 20.505 (1) (kz) 20.545 (1) (k).".

AB373-AA4,15,11 8. Page 11, line 5: after that line insert:

AB373-AA4,15,13 " Section 16b. 230.05 (2) (a) and (9) of the statutes, as affected by 2015 Wisconsin Act 55, are amended to read:

AB373-AA4,16,5 230.05 (2) (a) Except as provided under par. (b), the director administrator may delegate, in writing, any of his or her functions set forth in this subchapter to an appointing authority, within prescribed standards if the director administrator 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 director administrator determines that any agency is not performing such delegated function within prescribed standards, the director administrator shall withdraw such delegated function. The director administrator may order transfer to the bureau division 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 bureau division reduced staff or shifted staff to new responsibilities as a result of such delegation subject to the approval of the joint committee on finance. Any delegatory action taken under this subsection by any appointing authority may be appealed to the commission under s. 230.44 (1) (a). The director administrator shall be a party in such appeal.

AB373-AA4,16,9 (9) The director administrator may provide any services and materials to agencies and may charge the agencies for providing the services and materials. All moneys received from the charges shall be deposited in the appropriation account under s. 20.505 (1) (kz) 20.545 (1) (k).".

AB373-AA4,16,10 9. Page 12, line 6: after that line insert:

AB373-AA4,16,11 " Section 20g. 230.08 (2) (e) 8j. of the statutes is created to read:

AB373-AA4,16,12 230.08 (2) (e) 8j. Office of civil service - 3.

AB373-AA4,20h Section 20h. 230.08 (2) (xr) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB373-AA4,20i Section 20i. 230.08 (2) (ya) of the statutes is created to read:

AB373-AA4,16,18 230.08 (2) (ya) The director, deputy director, and executive assistant to the director of the office of civil service, and an employee in the office of civil service who performs services relating to the coordination of state employee benefits.".

AB373-AA4,16,19 10. Page 12, line 22: after that line insert:

AB373-AA4,16,21 " Section 24b. 230.14 (4) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,17,2 230.14 (4) The director 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. 20.505 (1) (kn) 20.545 (1) (ka).".

AB373-AA4,17,3 11. Page 14, line 19: after that line insert:

AB373-AA4,17,5 " Section 31b. 230.16 (1) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,17,7 230.16 (1) (b) The bureau division shall furnish application forms without charge to all persons requesting them.".

AB373-AA4,17,8 12. Page 15, line 7: delete " bureau" and substitute "division".

AB373-AA4,17,9 13. Page 16, line 9: delete "bureau" and substitute "bureau division".

AB373-AA4,17,10 14. Page 27, line 3: after that line insert:

AB373-AA4,17,12 " Section 72b. 230.315 (1) (c) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,17,17 230.315 (1) (c) The employee has received a military leave of absence under s. 230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V of ch. 111, or under rules promulgated by the division office of civil service or is eligible for reemployment with the state under s. 321.64 after completion of his or her service in the U.S. armed forces.".

AB373-AA4,17,18 15. Page 34, line 20: after that line insert:

AB373-AA4,17,20 " Section 90g. 230.46 of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,18,6 230.46 Duties of council on division of affirmative action. The council on division of affirmative action shall serve in a direct advisory capacity to the administrator 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.

AB373-AA4,90h Section 90h. 230.48 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,18,14 230.48 (2) Personnel, facilities and equipment. The administrator 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.

AB373-AA4,90j Section 90j. 301.16 (1o) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,19,2 301.16 (1o) (b) In the selection of classified service employees of the institution specified in par. (a), the appointing authority shall, whenever possible, use the expanded certification program under rules of the director of the bureau administrator of the division of merit recruitment and selection in the department of administration office of civil service to ensure that employees of the institution reflect the general population of either the county in which the institution is located or the most populous county contiguous to the county in which the institution is located, whichever population is greater. The director administrator of the bureau division of merit recruitment and selection in the department of administration shall provide guidelines for the administration of this selection procedure.".

AB373-AA4,19,3 16. Page 35, line 2: after that line insert:

AB373-AA4,19,5 " Section 91b. 938.538 (6m) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-AA4,19,15 938.538 (6m) (b) In the selection of classified service employees for a juvenile correctional facility authorized under 1993 Wisconsin Act 377, section 9108 (1) (a), the appointing authority shall make every effort to use the expanded certification program under s. 230.25 (1n) or rules of the director administrator of the bureau division of merit recruitment and selection in the department of administration office of civil service to ensure that the percentage of employees who are minority group members approximates the percentage of the juveniles placed at that juvenile correctional facility who are minority group members. The director of the bureau administrator of the division of merit recruitment and selection shall provide guidelines for the administration of the selection procedure.".

AB373-AA4,19,18 17. Page 36, line 5: delete lines 5 and 6 and substitute "director of the office of civil service and the administrator of the division of merit recruitment and selection in".

AB373-AA4,19,19 18. Page 36, line 21: after that line insert:

AB373-AA4,19,20 "(1) Terminology changes.

AB373-AA4,20,2 (a) Substitute "office of civil service" for "division of personnel management in the department of administration" or for "division of personnel management in the department", whichever is appropriate, in sections 16.004 (7) (a), 20.865 (1) (dm), 20.916 (4) (a) and (5) (a), 20.923 (18) (a), 40.06 (1) (dm), 70.99 (3) (a), 73.09 (2), 230.90 (2), 233.10 (3) (c) 4. and (4), and 301.03 (5h) of the statutes, as affected by the acts of 2015.

AB373-AA4,20,11 (b) Substitute "director of the office of civil service" for "administrator of the division of personnel management in the department of administration" or "administrator of the division of personnel management in the department", whichever is appropriate, in sections 13.121 (4), 13.123 (1) (a) 1., 13.20 (2), 15.16 (1) (intro.), 15.165 (2), 16.40 (18), 16.415 (3), 16.50 (3) (f), 20.901 (1) (b), 20.916 (2), (4m) (b), and (9) (d) and (f) 1. and 3., 20.917 (1) (c) and (d), (2) (a), (3) (a) 1. and 2., (5) (b), and (6), 20.923 (7) (intro.), 20.928 (1f), 36.09 (1) (j), 40.05 (4) (ag) 1. and 2. and (ah) 1. and (4g) (a) 4., 40.515 (1), 40.52 (3), 46.29 (3) (d), 227.47 (2), 321.64 (1) (c), and 978.12 (1) (c) of the statutes, as affected by the acts of 2015 and Section 94 (1).

AB373-AA4,20,15 (c) Substitute "office" for "division" in sections 111.815 (1), 111.89 (1), 111.92 (1) (a) 1., 230.04 (12), 230.046 (10) (title) and (intro.), 230.147 (3), 230.16 (7m) (b) (intro.) and (c), 230.21 (1m) (b), 230.25 (1p), 230.27 (2k), and 230.44 (1) (dm) of the statutes, as affected by the acts of 2015.

AB373-AA4,20,18 (d) Substitute "director of the office" for "administrator of the division" in sections 111.815 (2) and (3), 111.83 (3) (a), 111.91 (4), and 111.915 of the statutes, as affected by the acts of 2015.