Amendment SSA1-SB21

SB21-SSA1,3768 Section 3768. 230.32 (5) of the statutes is amended to read:

SB21-SSA1,1212,2 230.32 (5) The restoration of classified former employees of the state shall be governed by this section and by the rules of the administrator director.

SB21-SSA1,3769 Section 3769. 230.33 (2) of the statutes is amended to read:

SB21-SSA1,1212,12 230.33 (2) A person appointed to an unclassified position by an appointing authority other than an appointing authority described under sub. (1), to a department other than the one in which the person was a classified employee may be granted a leave of absence without pay at the option of the person's former appointing authority in accordance with the leave of absence provisions in the rules of the director administrator. An employee granted a leave of absence shall have the same restoration rights and reinstatement privileges as under sub. (1m). If not granted a leave of absence, the employee shall be entitled only to the reinstatement privileges under sub. (1m).

SB21-SSA1,3771 Section 3771. 230.34 (1) (c) of the statutes is amended to read:

SB21-SSA1,1212,15 230.34 (1) (c) The director administrator shall establish guidelines for uniform application of this authority among the various agencies.

SB21-SSA1,3772 Section 3772. 230.34 (2) (b) of the statutes is amended to read:

SB21-SSA1,1212,21 230.34 (2) (b) The administrator director shall promulgate rules governing layoffs and appeals therefrom and alternative procedures in lieu of layoff to include voluntary and involuntary demotion and the exercise of a displacing right to a comparable or lower class, as well as the subsequent employee right of restoration or eligibility for reinstatement.

SB21-SSA1,3773 Section 3773. 230.34 (2m) of the statutes is amended to read:

SB21-SSA1,1213,5 230.34 (2m) Employees in positions funded by nonstate funds made available contingent on special employee eligibility requirements such as length of prior unemployment, specific occupational disadvantages or need for remedial work experience, shall be exempt from inclusion with the employees whose positions are in classes considered for layoff under sub. (2). In the case of reduction in force in such nonstate funded positions, layoffs and layoff procedures established pursuant to the rules of the administrator director may be limited to employees whose positions are dependent upon specific funding contingencies.

SB21-SSA1,3774 Section 3774. 230.34 (3) of the statutes is amended to read:

SB21-SSA1,1213,9 230.34 (3) The appointing authority shall confer with the administrator director relative to a proposed layoff a reasonable time before the effective date thereof in order to assure compliance with the rules.

SB21-SSA1,3775 Section 3775. 230.34 (4) of the statutes is amended to read:

SB21-SSA1,1213,12 230.34 (4) Resignations shall be regulated by the rules of the director administrator.

SB21-SSA1,3776 Section 3776. 230.35 (1) (d) of the statutes is amended to read:

SB21-SSA1,1213,19 230.35 (1) (d) Annual leaves of absence shall not be cumulative except under sub. (1p) and except that unused annual leave shall, subject to the rules of the director administrator, be used in the year following the one in which it was earned, but no employee shall lose any unused annual leave because the employee's work responsibilities prevented the usage of the unused annual leave during the first 6 months of the year following the year in which it was earned.

SB21-SSA1,3777 Section 3777. 230.35 (1m) (f) of the statutes is amended to read:

SB21-SSA1,1214,8 230.35 (1m) (f) The continuous service of an employee eligible for annual leave under this subsection shall not be considered interrupted if the employee was on an approved leave of absence to participate in providing specialized disaster relief services or if the employee leaves the service and is reemployed by the state in another position covered under this subsection. Employees appointed to career executive positions under s. 230.24 or positions designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), or (9) or authorized under s. 230.08 (2) (e) are not subject to the continuous service requirements under sub. (1) (g) if they are reemployed in any of those positions, regardless of the duration of their absence. If the employees are reemployed in a position other than a career executive position or a position designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), or (9) or authorized under s. 230.08 (2) (e), continuous service shall be established in accordance with rules of the director administrator.

SB21-SSA1,3778 Section 3778. 230.35 (1s) of the statutes is amended to read:

SB21-SSA1,1214,15 230.35 (1s) Annual leave of absence with pay for instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2013 stats., shall be determined by the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2013 stats., as approved by the chancellor of the University of Wisconsin-Parkside.

SB21-SSA1,3780 Section 3780. 230.35 (2) of the statutes is amended to read:

SB21-SSA1,1215,2 230.35 (2) Leave of absence with pay owing to sickness and leave of absence without pay, other than annual leave and leave under s. 103.10, shall be regulated by rules of the director administrator, except that unused sick leave shall accumulate from year to year. After July 1, 1973, employees appointed to career executive positions under the program established under s. 230.24 or positions designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e) shall have any unused sick leave credits restored if they are reemployed in a career executive position or in a position under s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e), regardless of the duration of their absence. Restoration of unused sick leave credits if reemployment is to a position other than those specified above shall be in accordance with rules of the director administrator.

SB21-SSA1,3781 Section 3781. 230.35 (2r) (b) of the statutes is amended to read:

SB21-SSA1,1215,9 230.35 (2r) (b) The director administrator may establish, by rule, a catastrophic leave program that permits employees to donate certain types and amounts of leave credits to other employees who have been absent from pay status because of a catastrophic need for which there is no paid leave benefits or replacement income available. The director administrator shall determine the types and amounts of leave credits that may be donated.

SB21-SSA1,3782 Section 3782. 230.35 (3) (d) of the statutes is amended to read:

SB21-SSA1,1215,14 230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of absence to compete in promotional examinations and interviews. The director administrator shall promulgate rules governing the lengths of time allowable for such leaves, their frequency and the provisions for their use.

SB21-SSA1,3783 Section 3783. 230.35 (3) (e) 2. e. of the statutes is amended to read:

SB21-SSA1,1215,18 230.35 (3) (e) 2. e. The leave of absence conforms with any rules of the director administrator regarding leaves of absence to provide specialized disaster relief services.

SB21-SSA1,3784 Section 3784. 230.35 (3) (e) 5. of the statutes is amended to read:

SB21-SSA1,1215,21 230.35 (3) (e) 5. The director administrator may promulgate any rules necessary to implement this paragraph.

SB21-SSA1,3785 Section 3785. 230.35 (5) (b) of the statutes is amended to read:

SB21-SSA1,1216,3 230.35 (5) (b) The standard basis of employment shall be divided into 5 work days of 8 hours each except as provided under s. 230.215 (5), and except that when the conditions of employment cannot be satisfied by adhering to this division or when the public would not be inconvenienced, deviations may be permitted upon recommendation of the appointing authority and subsequent approval by the director administrator.

SB21-SSA1,3788 Section 3788. 230.37 (1) of the statutes is amended to read:

SB21-SSA1,1216,10 230.37 (1) In cooperation with appointing authorities the director administrator shall establish an employee performance evaluation program to provide a continuing record of employee development and, when applicable, to serve as a basis for pertinent personnel actions. Similar evaluations shall be conducted during the probationary period but may not infringe upon the authority of the appointing authority to retain or dismiss employees during the probationary period.

SB21-SSA1,3789 Section 3789. 230.40 (6) of the statutes is amended to read:

SB21-SSA1,1216,12 230.40 (6) The administrator director shall administer this section.

SB21-SSA1,3790 Section 3790. 230.43 (5) of the statutes is amended to read:

SB21-SSA1,1216,22 230.43 (5) Taxpayers' suits. The right of any taxpayer to bring any action to restrain the payment of compensation to any person appointed to or holding any office or place of employment in violation of this subchapter shall not be limited or denied by reason of the fact that the office or place of employment has been classified as, or determined to be, not subject to competitive examination; however, any judgment or injunction in any such action shall be prospective only, and shall not affect payments already made or due to such persons by the proper disbursing officers, in accordance with the rules of the director administrator in force at the time of such payments.

SB21-SSA1,3791 Section 3791. 230.44 (1) (a) of the statutes is amended to read:

SB21-SSA1,1217,2 230.44 (1) (a) Decision made or delegated by administrator director . Appeal of a personnel decision under this subchapter made by the administrator director or by an appointing authority under authority delegated by the administrator director under s. 230.05 (2).

SB21-SSA1,3792 Section 3792. 230.44 (1) (b) of the statutes is amended to read:

SB21-SSA1,1217,7 230.44 (1) (b) Decision made or delegated by director administrator . Appeal of a personnel decision under s. 230.09 (2) (a) or (d) or 230.13 (1) made by the director administrator or by an appointing authority under authority delegated by the director administrator under s. 230.04 (1m).

SB21-SSA1,3793 Section 3793. 230.44 (1) (dm) of the statutes is amended to read:

SB21-SSA1,1217,12 230.44 (1) (dm) Noncompetitive appointment of certain disabled veterans. A personnel action under s. 230.275 by an appointing authority that is alleged to be illegal or an abuse of discretion. The administrator director and the office division may not be a party to any such appeal.

SB21-SSA1,3794 Section 3794. 230.44 (4) (bm) of the statutes is amended to read:

SB21-SSA1,1218,3 230.44 (4) (bm) Upon request of an employee who files an appeal of the decision of the director administrator made under s. 230.09 (2) (a) or (d), the appeal shall be heard by a commissioner or attorney employed by the commission serving as arbitrator under rules promulgated for this purpose by the commission. In such an arbitration, the arbitrator shall orally render a decision at the conclusion of the hearing affirming, modifying or rejecting the decision of the director administrator. The decision of the arbitrator is final and is not subject to review by the commission. An arbitrator's decision may not be cited as precedent in any other proceeding before the commission or before any court. The arbitrator shall promptly file his or her decision with the commission. The decision of the arbitrator shall stand as the decision of the commission. The decision of the commission is subject to review under ss. 227.53 to 227.57 only on the ground that the decision was procured by corruption, fraud or undue means or that the arbitrator or the commission exceeded the arbitrator's or the commission's power. The record of a proceeding under this paragraph shall be transcribed as provided in s. 227.44 (8).

SB21-SSA1,3795 Section 3795. 230.46 of the statutes is amended to read:

SB21-SSA1,1218,14 230.46 Duties of council on affirmative action. The council on affirmative action in the office shall serve in a direct advisory capacity to the director administrator 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.

SB21-SSA1,3796 Section 3796. 230.48 (2) of the statutes is amended to read:

SB21-SSA1,1218,21 230.48 (2) Personnel, facilities and equipment. The office administrator 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.

SB21-SSA1,3796g Section 3796g. 230.80 (3) (b) of the statutes is amended to read:

SB21-SSA1,1219,2 230.80 (3) (b) A person who is, or whose immediate supervisor is, assigned to an executive salary group or university senior executive salary group under s. 20.923 or a person who has, or whose immediate supervisor has, a position specified in s. 36.115 (3m) (ae) to (f).

SB21-SSA1,3796r Section 3796r. 230.90 (1) (b) 2. of the statutes is amended to read:

SB21-SSA1,1219,7 230.90 (1) (b) 2. A person who is, or whose immediate supervisor is, assigned to an executive salary group or university senior executive salary group under s. 20.923 or a person who has, or whose immediate supervisor has, a position specified in s. 36.115 (3m) (ae) to (f).

SB21-SSA1,3798 Section 3798. 230.90 (2) of the statutes is amended to read:

SB21-SSA1,1219,19 230.90 (2) An employee may bring an action in circuit court against his or her employer or employer's agent, including this state, if the employer or employer's agent retaliates, by engaging in a disciplinary action, against the employee because the employee exercised his or her rights under the first amendment to the U.S. constitution or article I, section 3, of the Wisconsin constitution by lawfully disclosing information or because the employer or employer's agent believes the employee so exercised his or her rights. The employee shall bring the action within 2 years after the action allegedly occurred or after the employee learned of the action, whichever occurs last. No employee may bring an action against the office division of state employment relations personnel management in the department of administration as an employer's agent.

SB21-SSA1,3799 Section 3799. 231.02 (2) of the statutes is amended to read:

SB21-SSA1,1220,11 231.02 (2) The authority shall appoint an executive director and associate executive director who shall not be members of the authority and who shall serve at the pleasure of the authority. They shall receive such compensation as the authority fixes, except that the compensation of the executive director shall not exceed the maximum of the salary range established under s. 20.923 (1) for positions assigned to executive salary group 4 6 and the compensation of each other employee of the authority shall not exceed the maximum of the salary range established under s. 20.923 (1) for positions assigned to executive salary group 3. The executive director or associate executive director or other person designated by resolution of the authority shall keep a record of the proceedings of the authority and shall be custodian of all books, documents, and papers filed with the authority, the minute book or journal of the authority, and its official seal. The executive director or associate executive director or other person may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.

SB21-SSA1,3805 Section 3805. 233.10 (3) (c) 4. of the statutes is amended to read:

SB21-SSA1,1220,19 233.10 (3) (c) 4. Grant to the carry-over employee military leave, treatment of military leave, jury service leave and voting leave in accordance with s. 230.35 (3) and (4) (e) and, to the extent applicable, rules of the office division of state employment relations personnel management in the department of administration governing such leaves for employees in the classified service as of the last day of the employee's employment as a state employee if the employee was entitled to those benefits on that day.

SB21-SSA1,3810 Section 3810. 233.10 (4) of the statutes is amended to read:

SB21-SSA1,1221,2 233.10 (4) Notwithstanding the requirement that an employee be a state employee, a carry-over employee of the authority who was employed in a position in the classified service immediately prior to beginning employment with the authority shall, from June 29, 1996, to June 30, 1997, have the same transfer rights under s. 230.29 and the rules of the office division of state employment relations personnel management in the department of administration governing transfers as a person who holds a position in the classified service.

SB21-SSA1,3918 Section 3918. 234.86 (1) (c) of the statutes is amended to read:

SB21-SSA1,1221,6 234.86 (1) (c) "Local governmental unit" has the meaning given in s. 281.61 (1) (a) (am), except that the term does not include a joint local water authority created under s. 66.0823.

SB21-SSA1,3947g Section 3947g. 234.94 (5) of the statutes is amended to read:

SB21-SSA1,1221,11 234.94 (5) "Primary employment" means work which that pays at least the minimum wage as established under ch. 104 s. 104.035 (1) or under federal law, whichever is greater, offers adequate fringe benefits, including health insurance, and is not seasonal or part time.

SB21-SSA1,3947r Section 3947r. 234.94 (8) of the statutes is amended to read:

SB21-SSA1,1221,18 234.94 (8) "Target group" means a population group for which the unemployment level is at least 25% 25 percent higher than the statewide unemployment level, or a population group for which the average wage received is less than 1.2 times the minimum wage as established under ch. 104 s. 104.035 (1) or under federal law, whichever is greater. No population group is required to be located within a contiguous geographic area to be considered a target group.

SB21-SSA1,3949 Section 3949. 237.07 (3) (a) of the statutes is amended to read:

SB21-SSA1,1221,24 237.07 (3) (a) For each fiscal year, the authority shall submit to the department of administration an audited financial statement of the funding received by the authority from the department of natural resources under s. 237.08 (2) and by the authority from contributions and other funding accepted by the authority under s. 237.08 (3).

SB21-SSA1,3950 Section 3950. 237.08 (2) of the statutes is repealed.

SB21-SSA1,3956c Section 3956c. 238.02 (1) of the statutes is amended to read:

SB21-SSA1,1222,15 238.02 (1) There is created an authority, which is a public body corporate and politic, to be known as the "Wisconsin Economic Development Corporation." The members of the board shall consist of the governor, who shall serve as chairperson of the board, and 6 members nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor; 3 members appointed by the speaker of the assembly, consisting of one majority and one minority party representative to the assembly, appointed as are the members of standing committees in the assembly, and one person employed in the private sector, to serve at the speaker's pleasure; and 3 members appointed by the senate majority leader, consisting of one majority and one minority party senator, appointed as are members of standing committees in the senate, and one person employed in the private sector, to serve at the majority leader's pleasure. The secretary of administration and the secretary of revenue shall also serve on the board as nonvoting members. The board shall elect a chairperson from among its nonlegislative voting members.

SB21-SSA1,3956g Section 3956g. 238.02 (4) of the statutes is amended to read:

SB21-SSA1,1222,19 238.02 (4) All powers and duties assigned to the corporation under this chapter shall be exercised or carried out by the board, unless the board delegates the power or duty to an employee of the corporation or a committee established by the board.

SB21-SSA1,3960g Section 3960g. 238.03 (4) of the statutes is created to read:

SB21-SSA1,1222,24 238.03 (4) (a) In this subsection, "unassigned balance" means all moneys held by the corporation that the corporation is not obligated by law or by contract to expend for a particular purpose or that the corporation has not otherwise assigned to be expended for a particular purpose.

SB21-SSA1,1223,2 (b) The board shall establish policies and procedures for maintaining and expending any unassigned balance that satisfy all of the following requirements:

SB21-SSA1,1223,4 1. The policies and procedures shall be consistent with best practices recommended by the Government Finance Officers Association.

SB21-SSA1,1223,7 2. The policies and procedures shall establish as a target that the corporation's unassigned balance on June 30 of each fiscal year be an amount equal to or less than one-sixth of the corporation's total administrative expenditures for that fiscal year.

SB21-SSA1,3961b Section 3961b. 238.115 of the statutes is created to read:

SB21-SSA1,1223,11 238.115 Tax credit reporting. (1) Corporation obligations. No later than the end of the first month following each quarter, the corporation shall provide to the department of revenue all of the following information for the previous quarter:

SB21-SSA1,1223,13 (a) The identity of each person the corporation certified for tax credits under this chapter and, for each person, the amount certified.

SB21-SSA1,1223,16 (b) The identity of each person the corporation verified to claim tax credits under this chapter based on the person's satisfaction of all applicable requirements to be eligible to claim the tax credits and, for each person, the amount verified.

SB21-SSA1,1223,20 (c) The identity of each person, whether an entity or individual, who may claim tax credits as the result of each verification of each person identified under par. (b). The information provided under this paragraph shall specify the taxable year that applies for each of those persons.

SB21-SSA1,1223,24 (d) The identity of each person, whether an entity or individual, who may claim tax credits as the result of a transfer of tax credits under this chapter and, for each person, the amount transferred. The information provided under this paragraph shall specify the taxable year that applies for each of those persons.

SB21-SSA1,1224,2 (e) The identity of each person for whom the corporation revoked a certification for tax credits and, for each person, the amount revoked.

SB21-SSA1,1224,4 (f) The amount of tax credits already claimed that must be repaid as the result of a revocation for each person identified under par. (e).

SB21-SSA1,1224,7 (g) Any other information the department of revenue and the corporation agree is necessary to accurately track certification, verification, transfer, and usage of tax credits under this chapter.