Amendment SSA1-SB21

SB21-SSA1,3584 Section 3584. 227.03 (4) of the statutes is amended to read:

SB21-SSA1,1169,25 227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of community supervision or aftercare supervision under s. 938.357 (5), the revocation of parole, extended supervision, or probation, the grant of probation, prison discipline, mandatory release under s. 302.11, or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.

SB21-SSA1,3585 Section 3585. 227.10 (3) (e) of the statutes is amended to read:

SB21-SSA1,1170,5 227.10 (3) (e) Nothing in this subsection prohibits the administrator director of the division bureau of merit recruitment and selection in the office of state employment relations department of administration from promulgating rules relating to expanded certification under s. 230.25 (1n).

SB21-SSA1,3587 Section 3587. 227.43 (1) (bm) of the statutes is created to read:

SB21-SSA1,1170,8 227.43 (1) (bm) Assign a hearing examiner to preside over any hearing or review of a worker's compensation claim or other dispute under ch. 102.

SB21-SSA1,3588d Section 3588d. 227.43 (2) (am) of the statutes is created to read:

SB21-SSA1,1170,14 227.43 (2) (am) The department of workforce development shall notify the division of hearings and appeals of every pending hearing to which the administrator of the division is required to assign a hearing examiner under sub. (1) (bm) after the department of workforce development is notified that a hearing on the matter is required.

SB21-SSA1,3589 Section 3589. 227.43 (3) (a) of the statutes is amended to read:

SB21-SSA1,1170,19 227.43 (3) (a) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of natural resources by a hearing examiner under this section. The fee shall cover the total cost of the services less any costs covered by the appropriation under s. 20.505 (4) (f).

SB21-SSA1,3590 Section 3590. 227.43 (3) (b) of the statutes is amended to read:

SB21-SSA1,1170,24 227.43 (3) (b) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of transportation by a hearing examiner under this section. The fee shall cover the total cost of the services less any costs covered by the appropriation under s. 20.505 (4) (f).

SB21-SSA1,3591d Section 3591d. 227.43 (3) (bm) of the statutes is created to read:

SB21-SSA1,1171,4 227.43 (3) (bm) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of workforce development by a hearing examiner under this section. The fee shall cover the total cost of the services.

SB21-SSA1,3592 Section 3592. 227.43 (3) (br) of the statutes is amended to read:

SB21-SSA1,1171,9 227.43 (3) (br) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of public instruction by a hearing examiner under this section. The fee shall cover the total cost of the services less any costs covered by the appropriation under s. 20.505 (4) (f).

SB21-SSA1,3594d Section 3594d. 227.43 (4) (bm) of the statutes is created to read:

SB21-SSA1,1171,13 227.43 (4) (bm) The department of workforce development shall pay all costs of the services of a hearing examiner assigned under sub. (1) (bm), according to the fees set under sub. (3) (bm).

SB21-SSA1,3596 Section 3596. 227.47 (2) of the statutes is amended to read:

SB21-SSA1,1171,25 227.47 (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 director of the office administrator of the division of state employment relations personnel management in the department of administration 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.

SB21-SSA1,3596m Section 3596m. 227.50 (1) (am) 4. of the statutes is amended to read:

SB21-SSA1,1172,4 227.50 (1) (am) 4. In a contested case before the public service commission, an ex parte communication by or to any official or employee of the commission other than the hearing examiner, the chairperson, or a commissioner.

SB21-SSA1,3623 Section 3623. 230.02 of the statutes is amended to read:

SB21-SSA1,1172,8 230.02 Liberal construction of statutes. Statutes applicable to the office division and bureau shall be construed liberally in aid of the purposes declared in s. 230.01.

SB21-SSA1,3626 Section 3626. 230.03 (5) of the statutes is created to read:

SB21-SSA1,1172,11 230.03 (5) "Bureau" means the bureau of merit recruitment and selection in the division.

SB21-SSA1,3628 Section 3628. 230.03 (9e) of the statutes is amended to read:

SB21-SSA1,1172,13 230.03 (9e) "Director" means the director of the office bureau.

SB21-SSA1,3629 Section 3629. 230.03 (10) of the statutes is amended to read:

SB21-SSA1,1172,16 230.03 (10) "Division" means the division of merit recruitment and selection in the office personnel management in the department of administration.

SB21-SSA1,3630 Section 3630. 230.03 (10w) of the statutes is repealed.

SB21-SSA1,3631 Section 3631. 230.04 (title) of the statutes is amended to read:

SB21-SSA1,1172,19 230.04 (title) Powers and duties of the director administrator.

SB21-SSA1,3632 Section 3632. 230.04 (1) of the statutes is amended to read:

SB21-SSA1,1172,25 230.04 (1) The director administrator 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 director or appointing authorities, are reserved to the director administrator.

SB21-SSA1,3633 Section 3633. 230.04 (1m) of the statutes is amended to read:

SB21-SSA1,1173,17 230.04 (1m) The director administrator may delegate, in writing, any of his or her functions set forth in this chapter 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 forthwith withdraw such delegated function. Subject to the approval of the joint committee on finance, the director administrator may order transferred to the office 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 office division 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 director administrator shall be a party in such an appeal.

SB21-SSA1,3634 Section 3634. 230.04 (2) of the statutes is amended to read:

SB21-SSA1,1173,22 230.04 (2) The director administrator 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.

SB21-SSA1,3635 Section 3635. 230.04 (3) of the statutes is amended to read:

SB21-SSA1,1174,3 230.04 (3) The director administrator 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 director.

SB21-SSA1,3636 Section 3636. 230.04 (4) of the statutes is amended to read:

SB21-SSA1,1174,6 230.04 (4) The director administrator shall establish and maintain a collective bargaining capability under s. 111.815 (2).

SB21-SSA1,3637 Section 3637. 230.04 (5) of the statutes is amended to read:

SB21-SSA1,1174,12 230.04 (5) The director administrator shall promulgate rules on all matters relating to the administration of the office division and the performance of the duties assigned to the director administrator, except on matters relating to those provisions of subch. II for which responsibility is specifically charged to the administrator director.

SB21-SSA1,3638 Section 3638. 230.04 (8) of the statutes is amended to read:

SB21-SSA1,1174,15 230.04 (8) The director administrator shall establish an employee performance evaluation program under s. 230.37 (1).

SB21-SSA1,3639 Section 3639. 230.04 (9) (intro.) of the statutes is amended to read:

SB21-SSA1,1174,17 230.04 (9) (intro.) The director administrator shall do all of the following:

SB21-SSA1,3640 Section 3640. 230.04 (9) (f) of the statutes is amended to read:

SB21-SSA1,1174,23 230.04 (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 director administrator in monitoring such programs and shall provide staff to the council on affirmative action.

SB21-SSA1,3641 Section 3641. 230.04 (9m) of the statutes is amended to read:

SB21-SSA1,1175,3 230.04 (9m) The director administrator 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).

SB21-SSA1,3642 Section 3642. 230.04 (9r) (b) (intro.) of the statutes is amended to read:

SB21-SSA1,1175,6 230.04 (9r) (b) (intro.) The director administrator shall keep a record of all of the following:

SB21-SSA1,3643 Section 3643. 230.04 (10) of the statutes is amended to read:

SB21-SSA1,1175,11 230.04 (10) (a) The director administrator may require all agencies and their officers to comply with the director's administrator's request to furnish current information pertaining to authorized positions, payroll and related items regarding civil service and employment relations functions.

SB21-SSA1,1175,17 (b) The director administrator shall request from each agency and each agency shall furnish to the director administrator relevant racial, ethnic, gender and disability information on every new employee hired by the agency including limited term, project, seasonal and sessional employees. The director administrator shall maintain the data to permit a periodic review of the agency's affirmative action plan accomplishments.

SB21-SSA1,1175,23 (c) The director administrator shall request from each agency and each agency shall furnish to the director administrator 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 director administrator 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.

SB21-SSA1,3644 Section 3644. 230.04 (11) of the statutes is amended to read:

SB21-SSA1,1176,2 230.04 (11) The director administrator may provide by rule for an understudy program to assure continuity in selected positions.

SB21-SSA1,3645 Section 3645. 230.04 (12) of the statutes is amended to read:

SB21-SSA1,1176,6 230.04 (12) The director administrator shall keep in the office division an official roster of all permanent classified employees which shall include classification titles, pay and employment status changes and appropriate dates thereof.

SB21-SSA1,3646 Section 3646. 230.04 (13) (intro.) of the statutes is amended to read:

SB21-SSA1,1176,8 230.04 (13) (intro.) The director administrator shall do all of the following:

SB21-SSA1,3647 Section 3647. 230.04 (14) of the statutes is amended to read:

SB21-SSA1,1176,12 230.04 (14) The director administrator shall establish, by rule, the scope and minimum requirements of a state employee grievance procedure relating to conditions of employment.

SB21-SSA1,3648 Section 3648. 230.04 (15) of the statutes is amended to read:

SB21-SSA1,1176,17 230.04 (15) The director administrator 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.

SB21-SSA1,3649 Section 3649. 230.04 (16) of the statutes is repealed.

SB21-SSA1,3650 Section 3650. 230.04 (17) of the statutes is amended to read:

SB21-SSA1,1176,21 230.04 (17) The director administrator shall resolve any dispute raised by a complaint filed under s. 321.64 (1) (c).

SB21-SSA1,3651 Section 3651. 230.04 (18) of the statutes is amended to read:

SB21-SSA1,1177,3 230.04 (18) The director administrator may provide any services and materials to agencies and may charge the agencies for providing the services and materials. The director administrator 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. 20.545 (1) (k) 20.505 (1) (kz).

SB21-SSA1,3652 Section 3652. 230.046 (5) (c) of the statutes is amended to read:

SB21-SSA1,1177,8 230.046 (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 director administrator whenever on-the-job trainees are employed; and

SB21-SSA1,3653 Section 3653. 230.046 (7) of the statutes is amended to read:

SB21-SSA1,1177,13 230.046 (7) Establish internships. The director administrator 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.

SB21-SSA1,3654 Section 3654. 230.046 (8) of the statutes is amended to read:

SB21-SSA1,1177,19 230.046 (8) Cooperate for scholarship loans. To stimulate the interest of qualified students of exceptional merit in government career service, the director administrator 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.

SB21-SSA1,3656 Section 3656. 230.046 (9) of the statutes is amended to read:

SB21-SSA1,1177,25 230.046 (9) Tuition refund program. The director administrator 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.

SB21-SSA1,3657 Section 3657. 230.046 (10) (intro.) of the statutes is amended to read:

SB21-SSA1,1178,3 230.046 (10) Functions of the office division. (intro.) The office division may do all of the following:

SB21-SSA1,3658 Section 3658. 230.047 (8) of the statutes is amended to read:

SB21-SSA1,1178,7 230.047 (8) Administration. The director administrator shall promulgate rules for the operation and implementation of this section. The rules shall prescribe the duration, terms and conditions of such interchange.

SB21-SSA1,3659 Section 3659. 230.05 of the statutes is amended to read:

SB21-SSA1,1178,12 230.05 Powers and duties of the administrator director. (1) All powers necessary for the effective administration of the duties specified for the administrator director under this subchapter are reserved to the administrator director.

SB21-SSA1,1179,3 (2) (a) Except as provided under par. (b), the administrator director may delegate, in writing, any of his or her functions set forth in this subchapter 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 withdraw such delegated function. The administrator director may order transfer to the division bureau 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 bureau 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 administrator director shall be a party in such appeal.