Amendment SSA1-SB21

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.

SB21-SSA1,1179,6 (b) The administrator director is prohibited from delegating any of his or her final responsibility for the monitoring and oversight of the merit recruitment and selection program under this subchapter.

SB21-SSA1,1179,10 (3) The administrator director may utilize the services of technical or specialized personnel to assist in implementing and maintaining a sound merit recruitment and selection program. These services may be obtained from persons within or without state service.

SB21-SSA1,1179,18 (4) The administrator director may issue enforceable orders on all matters relating to the administration, enforcement and effect of the provisions of this subchapter for which responsibility is specifically charged to the administrator director and the rules prescribed thereunder. Any action brought against the appointing authority for failure to comply with the order of the administrator director shall be brought and served within 60 days after the date on which the administrator's director's order was issued. Such orders may be appealed to the commission under s. 230.44 (1) (a).

SB21-SSA1,1179,23 (5) The administrator director shall promulgate rules for the effective operation of the provisions of this subchapter for which responsibility is specifically charged to the administrator director. Notice of the contents of such rules and any modifications thereof shall be given to appointing authorities affected thereby, and such rules and modifications shall also be printed for public distribution.

SB21-SSA1,1180,3 (6) The administrator director may seek the prior advice and counsel of agency heads in the formulation of policies and procedures concerning the duties specified for the administrator director under this subchapter.

SB21-SSA1,1180,6 (7) The administrator director shall use techniques and procedures designed to certify eligible applicants to any vacant permanent position within 45 days after the filing of an appropriate request by an appointing authority.

SB21-SSA1,1180,9 (8) The administrator director may provide any personnel services to nonstate governmental units and may charge the nonstate governmental units for providing the services.

SB21-SSA1,1180,13 (9) The administrator director 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. 20.545 (1) (k) 20.505 (1) (kz).

SB21-SSA1,3660 Section 3660. 230.06 (1) (f) of the statutes is amended to read:

SB21-SSA1,1180,16 230.06 (1) (f) Provide the director administrator with the civil service information required under s. 16.004 (7).

SB21-SSA1,3661 Section 3661. 230.06 (1) (g) of the statutes is amended to read:

SB21-SSA1,1180,21 230.06 (1) (g) Prepare an affirmative action plan which complies with the standards established by the director administrator under s. 230.04 (9) (a) and which sets goals and outlines steps for incorporating affirmative action and principles supporting affirmative action into the procedures and policies of his or her agency.

SB21-SSA1,3662 Section 3662. 230.06 (1) (L) of the statutes is amended to read:

SB21-SSA1,1181,2 230.06 (1) (L) Provide information about the employment of each severely disabled employee for the director's administrator's report under s. 230.04 (9r) within 30 days after the disabled employee is appointed, and at other times at the request of the director administrator.

SB21-SSA1,3663 Section 3663. 230.08 (2) (e) 2m. of the statutes is amended to read:

SB21-SSA1,1181,4 230.08 (2) (e) 2m. Children and families — 8 9.

SB21-SSA1,3665r Section 3665r. 230.08 (2) (e) 5. of the statutes is amended to read:

SB21-SSA1,1181,6 230.08 (2) (e) 5. Health services — 10 9.

SB21-SSA1,3665s Section 3665s. 230.08 (2) (e) 5. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1181,9 230.08 (2) (e) 5. Health services — 9 8.

SB21-SSA1,3667 Section 3667. 230.08 (2) (e) 8j. of the statutes is repealed.

SB21-SSA1,3668 Section 3668. 230.08 (2) (e) 9m. of the statutes is amended to read:

SB21-SSA1,1181,12 230.08 (2) (e) 9m. Public service commission — 8 7.

SB21-SSA1,3670 Section 3670. 230.08 (2) (g) of the statutes is amended to read:

SB21-SSA1,1181,17 230.08 (2) (g) One stenographer appointed by each elective executive officer, except the secretary of state and the state treasurer; and one deputy or assistant appointed by each elective executive officer, except the state treasurer, secretary of state, attorney general, and superintendent of public instruction.

SB21-SSA1,3670m Section 3670m. 230.08 (2) (mL) of the statutes is amended to read:

SB21-SSA1,1181,20 230.08 (2) (mL) One executive assistant of the chairperson and each commissioner of the public service commission, created under s. 15.79 (1).

SB21-SSA1,3671 Section 3671. 230.08 (2) (sb) of the statutes is created to read:

SB21-SSA1,1181,23 230.08 (2) (sb) Solicitor general and deputy solicitor general positions in the department of justice.

SB21-SSA1,3673m Section 3673m. 230.08 (2) (xc) of the statutes is created to read:

SB21-SSA1,1182,2 230.08 (2) (xc) The general counsel for the labor and industry review commission.

SB21-SSA1,3674 Section 3674. 230.08 (2) (xr) of the statutes is created to read:

SB21-SSA1,1182,6 230.08 (2) (xr) The administrator of the division of personnel management and the director of the bureau of merit recruitment and selection in the department of administration.

SB21-SSA1,3675 Section 3675. 230.08 (2) (ya) of the statutes is repealed.

SB21-SSA1,3677 Section 3677. 230.08 (4) (c) of the statutes is amended to read:

SB21-SSA1,1182,24 230.08 (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 secretary of administration and by the director administrator. The 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 director's administrator'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 secretary of administration and by the director administrator 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.

SB21-SSA1,3678 Section 3678. 230.08 (7) of the statutes is amended to read:

SB21-SSA1,1183,5 230.08 (7) Exceptional employment situations. The administrator director shall provide, by rule, for exceptional methods and kinds of employment to meet the needs of the service during periods of disaster or national emergency, and for other exceptional employment situations such as to employ the mentally disabled, the physically disabled and the disadvantaged.

SB21-SSA1,3679 Section 3679. 230.08 (8) of the statutes is amended to read:

SB21-SSA1,1183,9 230.08 (8) Auditing of payrolls. The director administrator shall audit the payrolls of the classified and unclassified service, as necessary, to carry out this subchapter.

SB21-SSA1,3680 Section 3680. 230.09 (1) (intro.) of the statutes is amended to read:

SB21-SSA1,1183,17 230.09 (1) (intro.) The director administrator 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:

SB21-SSA1,3681 Section 3681. 230.09 (2) (a) of the statutes is amended to read:

SB21-SSA1,1183,23 230.09 (2) (a) After consultation with the appointing authorities, the director administrator 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 director administrator may reclassify or reallocate positions on the same basis.

SB21-SSA1,3682 Section 3682. 230.09 (2) (am) of the statutes is amended to read:

SB21-SSA1,1184,8 230.09 (2) (am) The director administrator 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 director administrator after taking into consideration the recommendations of the appointing authority, or at his or her own discretion. The director administrator shall establish, modify or abolish classifications as the needs of the service require.

SB21-SSA1,3683 Section 3683. 230.09 (2) (b) of the statutes is amended to read:

SB21-SSA1,1184,20 230.09 (2) (b) To accommodate and effectuate the continuing changes in the classification plan as a result of the classification survey program and otherwise, the director administrator 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 director administrator 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 director administrator 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.

SB21-SSA1,3684 Section 3684. 230.09 (2) (c) of the statutes is amended to read:

SB21-SSA1,1185,5 230.09 (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 director administrator 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 director administrator 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.

SB21-SSA1,3685 Section 3685. 230.09 (2) (d) of the statutes is amended to read:

SB21-SSA1,1185,10 230.09 (2) (d) If after review of a filled position the director administrator reclassifies or reallocates the position, the director administrator shall determine whether the incumbent shall be regraded or whether the position shall be opened to other applicants.

SB21-SSA1,3686 Section 3686. 230.09 (2) (g) of the statutes is amended to read:

SB21-SSA1,1186,2 230.09 (2) (g) When filling a new or vacant position, if the director administrator 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), or is different than that of the previous incumbent, the director administrator shall notify the administrator director and the secretary of administration. The administrator director 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 administrator director may not proceed with the selection and certification process until the secretary of administration has authorized the position to be filled.

SB21-SSA1,3687 Section 3687. 230.09 (3) of the statutes is amended to read:

SB21-SSA1,1186,6 230.09 (3) The director administrator shall establish separate classifications for career executive positions under s. 230.24 and rules governing the salary administration of positions in such classifications.

SB21-SSA1,3688 Section 3688. 230.12 (1) (a) 3. of the statutes is amended to read:

SB21-SSA1,1186,10 230.12 (1) (a) 3. Provisions for administration of the compensation plan and salary transactions shall be provided, as determined by the director administrator, in either the rules of the director administrator or the compensation plan.

SB21-SSA1,3689 Section 3689. 230.12 (1) (c) 2. of the statutes is amended to read:

SB21-SSA1,1186,15 230.12 (1) (c) 2. The director administrator 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.

SB21-SSA1,3690 Section 3690. 230.12 (1) (d) of the statutes is amended to read:

SB21-SSA1,1186,20 230.12 (1) (d) Uniforms and safety equipment. The director administrator, 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.

SB21-SSA1,3691 Section 3691. 230.12 (3) (a) of the statutes is amended to read:

SB21-SSA1,1187,8 230.12 (3) (a) Submission to the joint committee on employment relations. The director administrator shall submit to the joint committee on employment relations a proposal for any required changes in the compensation plan. 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.

SB21-SSA1,3692 Section 3692. 230.12 (3) (ad) of the statutes is amended to read:

SB21-SSA1,1187,15 230.12 (3) (ad) Timing of proposed changes. Notwithstanding any other statute, the director administrator 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.

SB21-SSA1,3693 Section 3693. 230.12 (3) (b) of the statutes is amended to read:

SB21-SSA1,1188,3 230.12 (3) (b) Public hearing on the proposal; adoption of plan. The director administrator 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. Any modification of the director's administrator'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.

SB21-SSA1,3694 Section 3694. 230.12 (3) (c) of the statutes is amended to read:

SB21-SSA1,1188,7 230.12 (3) (c) Interim adjustments. Subject to pars. (a) and (b), the director administrator may propose amendments to one or more parts of the compensation plan at such times as the needs of the service require.

SB21-SSA1,3696 Section 3696. 230.12 (3) (e) 1. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB21-SSA1,1189,4 230.12 (3) (e) 1. The director administrator, after receiving recommendations from the board of regents and the chancellor of the University of Wisconsin-Madison, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for University of Wisconsin System employees. 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 University of Wisconsin System 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 University of Wisconsin System employees. 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.

SB21-SSA1,3698 Section 3698. 230.12 (3) (e) 2. of the statutes is amended to read:

SB21-SSA1,1189,15 230.12 (3) (e) 2. The director administrator, 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).

SB21-SSA1,3700 Section 3700. 230.12 (4) of the statutes is amended to read:

SB21-SSA1,1189,20 230.12 (4) Compensation plan implementation provisions. (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 director administrator to implement the approved plan.

SB21-SSA1,1190,7 (b) The director administrator 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 director administrator 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.

SB21-SSA1,3701 Section 3701. 230.12 (5) (c) of the statutes is amended to read:

SB21-SSA1,1190,12 230.12 (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 director's administrator's proposal for such increases.

SB21-SSA1,3702 Section 3702. 230.12 (7m) of the statutes is amended to read:

SB21-SSA1,1190,19 230.12 (7m) Pay adjustment filing requirements. Except as provided in the rules of the director administrator 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 director administrator and with the secretary of administration a list of employees showing their then existing pay rates and their proposed new pay rates.

SB21-SSA1,3703 Section 3703. 230.12 (9) of the statutes is amended to read:

SB21-SSA1,1191,13 230.12 (9) Health insurance premium credits. The director administrator 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; for an eligible employee under s. 40.02 (25) (b) 6e., or the eligible employee's surviving insured dependents; for an employee who is laid off, but who is not on a temporary, school year, seasonal, or sessional layoff, and his or her surviving insured dependents; and for the surviving insured dependents of an employee who dies while employed by the state, and shall be based on the employee's years of continuous service, accumulated unused sick leave and any other factor recommended by the director. Credits granted under the program to an employee who is laid off shall be available until the credits are exhausted, the employee is reemployed by the state, or 5 years have elapsed from the date of layoff, whichever occurs first. 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).

SB21-SSA1,3704 Section 3704. 230.14 (4) of the statutes is amended to read:

SB21-SSA1,1191,18 230.14 (4) The administrator director 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. 20.545 (1) (ka) 20.505 (1) (kn).

SB21-SSA1,3705 Section 3705. 230.147 (3) of the statutes is amended to read:

SB21-SSA1,1191,24 230.147 (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 office division to assure that its efforts under this subsection comply with ch. 230.

SB21-SSA1,3706 Section 3706. 230.15 (1) of the statutes is amended to read: