Amendment SSA1-SB21

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SB21-SSA1,3649 Section 3649. 230.04 (16) of the statutes is repealed.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

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.