SB21-SSA1,3761
11Section
3761. 230.29 of the statutes is amended to read:
SB21-SSA1,1209,13
12230.29 Transfers. A transfer may be made from one position to another only
13if specifically authorized by the
administrator
director.
SB21-SSA1,3762
14Section
3762. 230.30 (1) of the statutes is amended to read:
SB21-SSA1,1210,215
230.30
(1) Each agency shall constitute an employing unit for purposes of
16personnel transactions, except where appropriate functional, organizational or
17geographic breakdowns exist within the agency and except as provided in sub. (2).
18These breakdowns may constitute a separate employing unit for one or more types
19of personnel transactions under an overall employing unit plan if requested by the
20appointing authority of that agency and approved by the
administrator director. If
21the
administrator director determines, after conferring with the appointing
22authority of the employing agency, that an employing unit is or has become
23inappropriate to carry out sound personnel management practices due to factors
24including, but not limited to, the size or isolated location of portions of the employing
1unit, the
administrator director may revise the employing unit structure of the
2agency to effect the remedy required.
SB21-SSA1,3763
3Section
3763. 230.31 (1) (b) of the statutes is amended to read:
SB21-SSA1,1210,84
230.31
(1) (b) For a 3-year period from the date of separation, if on layoff status,
5the person shall be placed, in inverse order of layoff, on an appropriate mandatory
6restoration register for the unit used for layoff and on a restoration register for the
7agency from which the person was laid off. Use of such registers shall be subject to
8the rules of the
administrator director.
SB21-SSA1,3764
9Section
3764. 230.31 (2) of the statutes is amended to read:
SB21-SSA1,1210,1210
230.31
(2) The
administrator
director may also provide for the reinstatement
11of persons who have served in seasonal and sessional employment and for persons
12who separate from a position while serving a probationary period.
SB21-SSA1,3765
13Section
3765. 230.315 (1) (c) of the statutes is amended to read:
SB21-SSA1,1210,1814
230.315
(1) (c) The employee has received a military leave of absence under s.
15230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V
16of ch. 111, or under rules promulgated by the
office of employment relations division 17or is eligible for reemployment with the state under s. 321.64 after completion of his
18or her service in the U.S. armed forces.
SB21-SSA1,3766
19Section
3766. 230.32 (3) of the statutes is amended to read:
SB21-SSA1,1210,2420
230.32
(3) (a) Any classified employee who leaves state service and enters the
21armed forces of the United States shall, under this section, be granted written
22military leave of absence by the appointing authority. Notice of such leave from state
23service and the terms of any such leave shall be given in writing by the appointing
24authority to the
director administrator for purposes of record.
SB21-SSA1,1211,10
1(b) Any classified employee who leaves state service for civilian employment
2in response to a specific request or order of the federal government or any of its
3agencies in connection with manpower redistribution and utilization shall, under
4this section, make written application to the appointing authority for civilian leave
5of absence presenting such specific request or order of the federal government as
6supporting evidence. Such civilian leave shall be allowed by the appointing
7authority and its terms, which shall conform to the rules of the
director 8administrator, shall be in writing. Notice of such leave from state service shall be
9made in writing by the appointing authority to the
director administrator for
10purposes of record.
SB21-SSA1,1211,1311
(c) All such military or civilian leaves of absence as heretofore may have been
12granted are validated and shall be deemed to be sufficient and effective hereunder.
13Such leaves shall be recorded with the
director
administrator.
SB21-SSA1,3767
14Section
3767. 230.32 (4) of the statutes is amended to read:
SB21-SSA1,1211,2315
230.32
(4) Any person appointed to fill the position of an employee on such
16military or civilian leave shall be designated as a substitute or replacement employee
17and upon the return and reemployment of the original employee the substitute
18employee shall be transferred to a similar position with the same employing agency
19if one is available, or if not, he or she shall be eligible for reinstatement or have the
20right of restoration in accordance with this subchapter and the rules of the
21administrator director. The status of any person who is appointed to fill the place
22of an employee on military or civilian leave under this section shall be governed by
23the rules of the
administrator director pursuant thereto.
SB21-SSA1,3768
24Section
3768. 230.32 (5) of the statutes is amended to read:
SB21-SSA1,1212,2
1230.32
(5) The restoration of classified former employees of the state shall be
2governed by this section and by the rules of the
administrator director.
SB21-SSA1,3769
3Section
3769. 230.33 (2) of the statutes is amended to read:
SB21-SSA1,1212,124
230.33
(2) A person appointed to an unclassified position by an appointing
5authority other than an appointing authority described under sub. (1), to a
6department other than the one in which the person was a classified employee may
7be granted a leave of absence without pay at the option of the person's former
8appointing authority in accordance with the leave of absence provisions in the rules
9of the
director administrator. An employee granted a leave of absence shall have the
10same restoration rights and reinstatement privileges as under sub. (1m). If not
11granted a leave of absence, the employee shall be entitled only to the reinstatement
12privileges under sub. (1m).
SB21-SSA1,3771
13Section
3771. 230.34 (1) (c) of the statutes is amended to read:
SB21-SSA1,1212,1514
230.34
(1) (c) The
director
administrator shall establish guidelines for uniform
15application of this authority among the various agencies.
SB21-SSA1,3772
16Section
3772. 230.34 (2) (b) of the statutes is amended to read:
SB21-SSA1,1212,2117
230.34
(2) (b) The
administrator
director shall promulgate rules governing
18layoffs and appeals therefrom and alternative procedures in lieu of layoff to include
19voluntary and involuntary demotion and the exercise of a displacing right to a
20comparable or lower class, as well as the subsequent employee right of restoration
21or eligibility for reinstatement.
SB21-SSA1,3773
22Section
3773. 230.34 (2m) of the statutes is amended to read:
SB21-SSA1,1213,523
230.34
(2m) Employees in positions funded by nonstate funds made available
24contingent on special employee eligibility requirements such as length of prior
25unemployment, specific occupational disadvantages or need for remedial work
1experience, shall be exempt from inclusion with the employees whose positions are
2in classes considered for layoff under sub. (2). In the case of reduction in force in such
3nonstate funded positions, layoffs and layoff procedures established pursuant to the
4rules of the
administrator director may be limited to employees whose positions are
5dependent upon specific funding contingencies.
SB21-SSA1,3774
6Section
3774. 230.34 (3) of the statutes is amended to read:
SB21-SSA1,1213,97
230.34
(3) The appointing authority shall confer with the
administrator 8director relative to a proposed layoff a reasonable time before the effective date
9thereof in order to assure compliance with the rules.
SB21-SSA1,3775
10Section
3775. 230.34 (4) of the statutes is amended to read:
SB21-SSA1,1213,1211
230.34
(4) Resignations shall be regulated by the rules of the
director 12administrator.
SB21-SSA1,3776
13Section
3776. 230.35 (1) (d) of the statutes is amended to read:
SB21-SSA1,1213,1914
230.35
(1) (d) Annual leaves of absence shall not be cumulative except under
15sub. (1p) and except that unused annual leave shall, subject to the rules of the
16director administrator, be used in the year following the one in which it was earned,
17but no employee shall lose any unused annual leave because the employee's work
18responsibilities prevented the usage of the unused annual leave during the first 6
19months of the year following the year in which it was earned.
SB21-SSA1,3777
20Section
3777. 230.35 (1m) (f) of the statutes is amended to read:
SB21-SSA1,1214,821
230.35
(1m) (f) The continuous service of an employee eligible for annual leave
22under this subsection shall not be considered interrupted if the employee was on an
23approved leave of absence to participate in providing specialized disaster relief
24services or if the employee leaves the service and is reemployed by the state in
25another position covered under this subsection. Employees appointed to career
1executive positions under s. 230.24 or positions designated in s. 19.42 (10) (L) or
220.923 (4), (7), (8), or (9) or authorized under s. 230.08 (2) (e) are not subject to the
3continuous service requirements under sub. (1) (g) if they are reemployed in any of
4those positions, regardless of the duration of their absence. If the employees are
5reemployed in a position other than a career executive position or a position
6designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), or (9) or authorized under s.
7230.08 (2) (e), continuous service shall be established in accordance with rules of the
8director administrator.
SB21-SSA1,3778
9Section
3778. 230.35 (1s) of the statutes is amended to read:
SB21-SSA1,1214,1510
230.35
(1s) Annual leave of absence with pay for instructional staff employed
11by the board of regents of the University of Wisconsin System who provide services
12for a charter school established by contract under s. 118.40 (2r) (cm)
, 2013 stats., 13shall be determined by the governing board of the charter school established by
14contract under s. 118.40 (2r) (cm),
2013 stats., as approved by the chancellor of the
15University of Wisconsin-Parkside.
SB21-SSA1,3780
16Section
3780. 230.35 (2) of the statutes is amended to read:
SB21-SSA1,1215,217
230.35
(2) Leave of absence with pay owing to sickness and leave of absence
18without pay, other than annual leave and leave under s. 103.10, shall be regulated
19by rules of the
director administrator, except that unused sick leave shall accumulate
20from year to year. After July 1, 1973, employees appointed to career executive
21positions under the program established under s. 230.24 or positions designated in
22s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e) shall
23have any unused sick leave credits restored if they are reemployed in a career
24executive position or in a position under s. 19.42 (10) (L) or 20.923 (4), (7), (8), and
25(9) or authorized under s. 230.08 (2) (e), regardless of the duration of their absence.
1Restoration of unused sick leave credits if reemployment is to a position other than
2those specified above shall be in accordance with rules of the
director administrator.
SB21-SSA1,3781
3Section
3781. 230.35 (2r) (b) of the statutes is amended to read:
SB21-SSA1,1215,94
230.35
(2r) (b) The
director
administrator may establish, by rule, a
5catastrophic leave program that permits employees to donate certain types and
6amounts of leave credits to other employees who have been absent from pay status
7because of a catastrophic need for which there is no paid leave benefits or
8replacement income available. The
director administrator shall determine the types
9and amounts of leave credits that may be donated.
SB21-SSA1,3782
10Section
3782. 230.35 (3) (d) of the statutes is amended to read:
SB21-SSA1,1215,1411
230.35
(3) (d) Employees of the state are entitled to reasonable paid leaves of
12absence to compete in promotional examinations and interviews. The
director 13administrator shall promulgate rules governing the lengths of time allowable for
14such leaves, their frequency and the provisions for their use.
SB21-SSA1,3783
15Section
3783. 230.35 (3) (e) 2. e. of the statutes is amended to read:
SB21-SSA1,1215,1816
230.35
(3) (e) 2. e. The leave of absence conforms with any rules of the
director 17administrator regarding leaves of absence to provide specialized disaster relief
18services.
SB21-SSA1,3784
19Section
3784. 230.35 (3) (e) 5. of the statutes is amended to read:
SB21-SSA1,1215,2120
230.35
(3) (e) 5. The
director
administrator may promulgate any rules
21necessary to implement this paragraph.
SB21-SSA1,3785
22Section
3785. 230.35 (5) (b) of the statutes is amended to read:
SB21-SSA1,1216,323
230.35
(5) (b) The standard basis of employment shall be divided into 5 work
24days of 8 hours each except as provided under s. 230.215 (5), and except that when
25the conditions of employment cannot be satisfied by adhering to this division or when
1the public would not be inconvenienced, deviations may be permitted upon
2recommendation of the appointing authority and subsequent approval by the
3director administrator.
SB21-SSA1,3788
4Section
3788. 230.37 (1) of the statutes is amended to read:
SB21-SSA1,1216,105
230.37
(1) In cooperation with appointing authorities the
director 6administrator shall establish an employee performance evaluation program to
7provide a continuing record of employee development and, when applicable, to serve
8as a basis for pertinent personnel actions. Similar evaluations shall be conducted
9during the probationary period but may not infringe upon the authority of the
10appointing authority to retain or dismiss employees during the probationary period.
SB21-SSA1,3789
11Section
3789. 230.40 (6) of the statutes is amended to read:
SB21-SSA1,1216,1212
230.40
(6) The
administrator
director shall administer this section.
SB21-SSA1,3790
13Section
3790. 230.43 (5) of the statutes is amended to read:
SB21-SSA1,1216,2214
230.43
(5) Taxpayers' suits. The right of any taxpayer to bring any action to
15restrain the payment of compensation to any person appointed to or holding any
16office or place of employment in violation of this subchapter shall not be limited or
17denied by reason of the fact that the office or place of employment has been classified
18as, or determined to be, not subject to competitive examination; however, any
19judgment or injunction in any such action shall be prospective only, and shall not
20affect payments already made or due to such persons by the proper disbursing
21officers, in accordance with the rules of the
director administrator in force at the time
22of such payments.
SB21-SSA1,3791
23Section
3791. 230.44 (1) (a) of the statutes is amended to read:
SB21-SSA1,1217,224
230.44
(1) (a)
Decision made or delegated by administrator director
. Appeal of
25a personnel decision under this subchapter made by the
administrator director or by
1an appointing authority under authority delegated by the
administrator director 2under s. 230.05 (2).
SB21-SSA1,3792
3Section
3792. 230.44 (1) (b) of the statutes is amended to read:
SB21-SSA1,1217,74
230.44
(1) (b)
Decision made or delegated by director administrator
. Appeal of
5a personnel decision under s. 230.09 (2) (a) or (d) or 230.13 (1) made by the
director 6administrator or by an appointing authority under authority delegated by the
7director administrator under s. 230.04 (1m).
SB21-SSA1,3793
8Section
3793. 230.44 (1) (dm) of the statutes is amended to read:
SB21-SSA1,1217,129
230.44
(1) (dm)
Noncompetitive appointment of certain disabled veterans. A
10personnel action under s. 230.275 by an appointing authority that is alleged to be
11illegal or an abuse of discretion. The
administrator director and the
office division 12may not be a party to any such appeal.
SB21-SSA1,3794
13Section
3794. 230.44 (4) (bm) of the statutes is amended to read:
SB21-SSA1,1218,314
230.44
(4) (bm) Upon request of an employee who files an appeal of the decision
15of the
director administrator made under s. 230.09 (2) (a) or (d), the appeal shall be
16heard by a commissioner or attorney employed by the commission serving as
17arbitrator under rules promulgated for this purpose by the commission. In such an
18arbitration, the arbitrator shall orally render a decision at the conclusion of the
19hearing affirming, modifying or rejecting the decision of the
director administrator.
20The decision of the arbitrator is final and is not subject to review by the commission.
21An arbitrator's decision may not be cited as precedent in any other proceeding before
22the commission or before any court. The arbitrator shall promptly file his or her
23decision with the commission. The decision of the arbitrator shall stand as the
24decision of the commission. The decision of the commission is subject to review under
25ss. 227.53 to 227.57 only on the ground that the decision was procured by corruption,
1fraud or undue means or that the arbitrator or the commission exceeded the
2arbitrator's or the commission's power. The record of a proceeding under this
3paragraph shall be transcribed as provided in s. 227.44 (8).
SB21-SSA1,3795
4Section
3795. 230.46 of the statutes is amended to read:
SB21-SSA1,1218,14
5230.46 Duties of council on affirmative action. The council on affirmative
6action
in the office shall serve in a direct advisory capacity to the
director 7administrator and as part of that relationship shall evaluate the progress of
8affirmative action programs throughout the civil service system, seek compliance
9with state and federal regulations and recommend improvements in the state's
10affirmative action efforts as an employer. In carrying out its responsibilities, the
11council may recommend legislation, consult with agency personnel and other
12interested persons, conduct hearings and take other appropriate action to promote
13affirmative action. The council shall report at least once per year to the governor and
14the legislature.
SB21-SSA1,3796
15Section
3796. 230.48 (2) of the statutes is amended to read:
SB21-SSA1,1218,2116
230.48
(2) Personnel, facilities and equipment. The
office administrator shall
17appoint, under the classified service, a secretary and such other employees as are
18necessary to carry out the duties of the state employees suggestion board, and shall
19provide such facilities and equipment as that board requires for the proper
20performance of its work. The state employees suggestion board may request and
21shall receive from any state department any assistance that it requires.
SB21-SSA1,3796g
22Section 3796g. 230.80 (3) (b) of the statutes is amended to read:
SB21-SSA1,1219,223
230.80
(3) (b) A person who is, or whose immediate supervisor is, assigned to
24an executive salary group
or university senior executive salary group under s. 20.923
1or a person who has, or whose immediate supervisor has, a position specified in s.
236.115 (3m) (ae) to (f).
SB21-SSA1,3796r
3Section 3796r. 230.90 (1) (b) 2. of the statutes is amended to read:
SB21-SSA1,1219,74
230.90
(1) (b) 2. A person who is, or whose immediate supervisor is, assigned
5to an executive salary group
or university senior executive salary group under s.
620.923
or a person who has, or whose immediate supervisor has, a position specified
7in s. 36.115 (3m) (ae) to (f).
SB21-SSA1,3798
8Section
3798. 230.90 (2) of the statutes is amended to read:
SB21-SSA1,1219,199
230.90
(2) An employee may bring an action in circuit court against his or her
10employer or employer's agent, including this state, if the employer or employer's
11agent retaliates, by engaging in a disciplinary action, against the employee because
12the employee exercised his or her rights under the first amendment to the U.S.
13constitution or article I, section 3, of the Wisconsin constitution by lawfully disclosing
14information or because the employer or employer's agent believes the employee so
15exercised his or her rights. The employee shall bring the action within 2 years after
16the action allegedly occurred or after the employee learned of the action, whichever
17occurs last. No employee may bring an action against the
office division of
state
18employment relations personnel management in the department of administration 19as an employer's agent.
SB21-SSA1,3799
20Section
3799. 231.02 (2) of the statutes is amended to read:
SB21-SSA1,1220,1121
231.02
(2) The authority shall appoint an executive director and associate
22executive director who shall not be members of the authority and who shall serve at
23the pleasure of the authority. They shall receive such compensation as the authority
24fixes, except that the compensation of the executive director shall not exceed the
25maximum of the salary range established under s. 20.923 (1) for positions assigned
1to executive salary group
4 6 and the compensation of each other employee of the
2authority shall not exceed the maximum of the salary range established under s.
320.923 (1) for positions assigned to executive salary group 3. The executive director
4or associate executive director or other person designated by resolution of the
5authority shall keep a record of the proceedings of the authority and shall be
6custodian of all books, documents
, and papers filed with the authority, the minute
7book or journal of the authority
, and its official seal. The executive director or
8associate executive director or other person may cause copies to be made of all
9minutes and other records and documents of the authority and may give certificates
10under the official seal of the authority to the effect that such copies are true copies,
11and all persons dealing with the authority may rely upon such certificates.
SB21-SSA1,3805
12Section
3805. 233.10 (3) (c) 4. of the statutes is amended to read:
SB21-SSA1,1220,1913
233.10
(3) (c) 4. Grant to the carry-over employee military leave, treatment of
14military leave, jury service leave and voting leave in accordance with s. 230.35 (3)
15and (4) (e) and, to the extent applicable, rules of the
office division of
state
16employment relations personnel management in the department of administration 17governing such leaves for employees in the classified service as of the last day of the
18employee's employment as a state employee if the employee was entitled to those
19benefits on that day.
SB21-SSA1,3810
20Section
3810. 233.10 (4) of the statutes is amended to read:
SB21-SSA1,1221,221
233.10
(4) Notwithstanding the requirement that an employee be a state
22employee, a carry-over employee of the authority who was employed in a position in
23the classified service immediately prior to beginning employment with the authority
24shall, from June 29, 1996, to June 30, 1997, have the same transfer rights under s.
25230.29 and the rules of the
office division of
state employment relations personnel
1management in the department of administration governing transfers as a person
2who holds a position in the classified service.
SB21-SSA1,3918
3Section
3918. 234.86 (1) (c) of the statutes is amended to read:
SB21-SSA1,1221,64
234.86
(1) (c) "Local governmental unit" has the meaning given in s. 281.61 (1)
5(a) (am), except that the term does not include a joint local water authority created
6under s. 66.0823.
SB21-SSA1,3947g
7Section 3947g. 234.94 (5) of the statutes is amended to read:
SB21-SSA1,1221,118
234.94
(5) "Primary employment" means work
which that pays at least the
9minimum wage as established under
ch. 104 s. 104.035 (1) or under federal law,
10whichever is greater, offers adequate fringe benefits, including health insurance,
11and is not seasonal or part time.
SB21-SSA1,3947r
12Section 3947r. 234.94 (8) of the statutes is amended to read:
SB21-SSA1,1221,1813
234.94
(8) "Target group" means a population group for which the
14unemployment level is at least
25% 25 percent higher than the statewide
15unemployment level, or a population group for which the average wage received is
16less than 1.2 times the minimum wage as established under
ch. 104 s. 104.035 (1) or
17under federal law, whichever is greater. No population group is required to be located
18within a contiguous geographic area to be considered a target group.
SB21-SSA1,3949
19Section
3949. 237.07 (3) (a) of the statutes is amended to read:
SB21-SSA1,1221,2420
237.07
(3) (a) For each fiscal year, the authority shall submit to the department
21of administration an audited financial statement of the funding received by the
22authority
from the department of natural resources under s. 237.08 (2) and by the
23authority from contributions and other funding accepted by the authority under s.
24237.08 (3).
SB21-SSA1,3950
25Section
3950. 237.08 (2) of the statutes is repealed.
SB21-SSA1,3956c
1Section 3956c. 238.02 (1) of the statutes is amended to read:
SB21-SSA1,1222,152
238.02
(1) There is created an authority, which is a public body corporate and
3politic, to be known as the "Wisconsin Economic Development Corporation." The
4members of the board shall consist of
the governor, who shall serve as chairperson
5of the board, and 6 members nominated by the governor, and with the advice and
6consent of the senate appointed, to serve at the pleasure of the governor; 3 members
7appointed by the speaker of the assembly, consisting of one majority and one minority
8party representative to the assembly, appointed as are the members of standing
9committees in the assembly, and one person employed in the private sector, to serve
10at the speaker's pleasure; and 3 members appointed by the senate majority leader,
11consisting of one majority and one minority party senator, appointed as are members
12of standing committees in the senate, and one person employed in the private sector,
13to serve at the majority leader's pleasure. The secretary of administration and the
14secretary of revenue shall also serve on the board as nonvoting members.
The board
15shall elect a chairperson from among its nonlegislative voting members.