Amendment SSA1-SB21

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:

SB21-SSA1,1192,6 230.15 (1) Subject to the restriction under s. 230.143, appointments to, and promotions in, the classified service shall be made only according to merit and fitness, which shall be ascertained so far as practicable by competitive examination. The administrator director may waive competitive examination for appointments made under subs. (1m) and (2) and shall waive competitive examination for appointments made under sub. (2m).

SB21-SSA1,3707 Section 3707. 230.15 (1m) (b) (intro.) of the statutes is amended to read:

SB21-SSA1,1192,9 230.15 (1m) (b) (intro.) Whenever a position is included in the classified service under par. (a), the director administrator shall determine all of the following:

SB21-SSA1,3708 Section 3708. 230.15 (1m) (c) of the statutes is amended to read:

SB21-SSA1,1192,14 230.15 (1m) (c) 1. Whenever a position is included in the classified service under par. (a), the administrator director may waive the requirement for competitive examination under sub. (1) with respect to the position and certify the incumbent employee for appointment to the position in accordance with subd. 2.

SB21-SSA1,1192,18 2. The administrator director may certify an incumbent employee as eligible for appointment under subd. 1. if the administrator director determines on the basis of sound personnel management practices that the incumbent is qualified for the position included in the classified service.

SB21-SSA1,1192,23 3. If an employee is appointed after being certified under subd. 2., the administrator director shall determine the employee's probationary status under s. 230.28, except that the employee shall receive credit toward his or her probationary period for the time that the employee had been employed in the position immediately prior to appointment.

SB21-SSA1,3709 Section 3709. 230.15 (2) of the statutes is amended to read:

SB21-SSA1,1193,7 230.15 (2) If a vacancy occurs in a position in the classified service when peculiar and exceptional qualifications of a scientific, professional, or educational character are required, and if presented with satisfactory evidence that for specified reasons competition in such special cases is impracticable, and that the position can best be filled by the selection of some designated person of high and recognized attainments in such qualities, the administrator director may waive competition requirements unless the vacancy is to be filled by promotion.

SB21-SSA1,3710 Section 3710. 230.15 (2m) of the statutes is amended to read:

SB21-SSA1,1193,12 230.15 (2m) If a vacancy occurs in a position in the classified service and the administrator director is notified by an appointing authority that the position is to be filled by a disabled veteran under s. 230.275, the administrator director shall waive all competition requirements for filling the position.

SB21-SSA1,3710m Section 3710m. 230.15 (4) of the statutes is created to read:

SB21-SSA1,1193,21 230.15 (4) The director and the Board of Regents of the University of Wisconsin System and the chancellor of the University of Wisconsin-Madison shall enter into a memorandum of understanding to permit employees of the University of Wisconsin System who are appointed to positions in agencies to receive credit for their years of service with the University of Wisconsin System for purposes of transferring continuous service benefits, including accumulated sick leave. The director shall promulgate rules necessary to implement the provisions of the memorandum of understanding.

SB21-SSA1,3711 Section 3711. 230.16 (1) (a) of the statutes is amended to read:

SB21-SSA1,1194,2 230.16 (1) (a) The administrator director shall require persons applying for admission to any examination under this subchapter or under the rules of the administrator director to file an application with the division bureau a reasonable time prior to the proposed examination.

SB21-SSA1,3712 Section 3712. 230.16 (1) (am) of the statutes is amended to read:

SB21-SSA1,1194,7 230.16 (1) (am) The administrator director may require in connection with the application such supplementary work history, educational transcripts, statements of physicians or others having knowledge of the applicant, as needed for qualification evaluations.

SB21-SSA1,3713 Section 3713. 230.16 (1) (b) of the statutes is amended to read:

SB21-SSA1,1194,10 230.16 (1) (b) The division bureau shall furnish application forms without charge to all persons requesting them.

SB21-SSA1,3714 Section 3714. 230.16 (2) of the statutes is amended to read:

SB21-SSA1,1194,17 230.16 (2) Competitive examinations shall be free and open to all applicants who have fulfilled the preliminary requirements stated in the examination announcement. To assure that all applicants have a fair opportunity to compete, examinations shall be held at such times and places as, in the judgment of the administrator director, most nearly meet the convenience of applicants and needs of the service.

SB21-SSA1,3715 Section 3715. 230.16 (3) of the statutes is amended to read:

SB21-SSA1,1194,24 230.16 (3) The administrator director may appoint boards of examiners of at least 2 persons for the purpose of conducting oral examinations as a part of the examination procedure for certain positions. All board members shall be well-qualified and impartial. All questions asked and answers made in any examination of applicants shall be recorded and made a part of the records of the applicants.

SB21-SSA1,3716 Section 3716. 230.16 (5) of the statutes is amended to read:

SB21-SSA1,1195,8 230.16 (5) In the interest of sound personnel management, consideration of applicants and service to agencies, the administrator director may set a standard for proceeding to subsequent steps in an examination, provided that all applicants are fairly treated and due notice has been given. The standard may be at or above the passing point set by the administrator director for any portion of the examination. The administrator director shall utilize appropriate scientific techniques and procedures in administering the selection process, in rating the results of examinations and in determining the relative ratings of the competitors.

SB21-SSA1,3717 Section 3717. 230.16 (6) of the statutes is amended to read:

SB21-SSA1,1195,13 230.16 (6) If any applicant is unable to complete the examination in the form presented to the applicant due to a disability, the division bureau shall provide a reader, an appropriate place to take the examination or other similar prerequisites to ensure equality of opportunity in the examination.

SB21-SSA1,3718 Section 3718. 230.16 (7m) (b) (intro.) of the statutes is amended to read:

SB21-SSA1,1195,16 230.16 (7m) (b) (intro.) The office division shall accept an application after its due date from a veteran if all of the following apply:

SB21-SSA1,3719 Section 3719. 230.16 (7m) (c) of the statutes is amended to read:

SB21-SSA1,1195,19 230.16 (7m) (c) Within 30 days after acceptance of an application under par. (b), the office division shall give the applicant an examination.

SB21-SSA1,3720 Section 3720. 230.16 (9) of the statutes is amended to read:

SB21-SSA1,1195,23 230.16 (9) The officials in control of state, municipal and county buildings, upon requisition by the administrator director, shall furnish without charge adequate rooms and building services for the administration of examinations.

SB21-SSA1,3721 Section 3721. 230.16 (11) of the statutes is amended to read:

SB21-SSA1,1196,4 230.16 (11) Records of examinations, including a transcript or recorded tape of oral examinations, given under this subchapter shall be retained for at least one year. Inspection of such records shall be regulated by rules of the administrator director.

SB21-SSA1,3722 Section 3722. 230.17 of the statutes is amended to read:

SB21-SSA1,1196,12 230.17 Applicants and eligibles may be barred; bonds may be required. (1) The administrator director shall provide by rule, the conditions, not otherwise provided by law, under which an applicant may be refused examination or reexamination, or an eligible refused certification. These conditions shall be based on sufficient reason and shall reflect sound technical personnel management practices and those standards of conduct, deportment and character necessary and demanded to the orderly, efficient and just operation of the state service.

SB21-SSA1,1197,2 (2) If the administrator director refuses to examine an applicant, or after an examination to certify an eligible, as provided in this section, the administrator director, if requested by the applicant so rejected within 10 days of the date of receipt of the notice of rejection, shall give the applicant a full and explicit statement of the exact cause of such refusal to examine or to certify. Applicants may appeal to the commission the decision of the administrator director to refuse to examine or certify under s. 230.44 (1) (a). Upon request of an applicant or an eligible for a civil service position who has a disability, the department of health services shall obtain from the administrator director a detailed description of all duties entailed by such position and shall determine and report its findings to the administrator director, as to the ability of the applicant, or eligible, to perform the duties of such position. Such findings shall be conclusive as to the qualifications of any applicant, or eligible, so examined. A notice of rejection shall notify an applicant or eligible of his or her rights under this subsection.

SB21-SSA1,1197,9 (3) When any position to be filled involves fiduciary responsibility, the appointing authority shall conduct a criminal history background check before offering employment to an applicant for the position. If otherwise permitted by law, the appointing authority may require the appointee to furnish bond or other security, and shall notify the administrator director of the amount and other details thereof. Any surety company authorized to do business in this state shall be a sufficient security on any such bond.

SB21-SSA1,3723 Section 3723. 230.18 of the statutes is amended to read:

SB21-SSA1,1197,21 230.18 Discrimination prohibited. No question in any form of application or in any examination may be so framed as to elicit information concerning the partisan political or religious opinions or affiliations of any applicant nor may any inquiry be made concerning such opinions or affiliations and all disclosures thereof shall be discountenanced except that the administrator director may evaluate the competence and impartiality of applicants for positions such as clinical chaplain in a state institutional program. No discriminations may be exercised in the recruitment, application, examination or hiring process against or in favor of any person because of the person's political or religious opinions or affiliations or because of age, sex, disability, race, color, sexual orientation, national origin or ancestry except as otherwise provided.

SB21-SSA1,3724 Section 3724. 230.19 (1) of the statutes is amended to read:

SB21-SSA1,1198,2 230.19 (1) The administrator director shall provide employees with reasonable opportunities for career advancement, within a classified service structure designed to achieve and maintain a highly competent work force, with due consideration given to affirmative action.

SB21-SSA1,3725 Section 3725. 230.19 (2) of the statutes is amended to read:

SB21-SSA1,1198,14 230.19 (2) If, in the judgment of the administrator director, the group of applicants best able to meet the requirements for vacancies in positions in the classified service are available within the classified service, the vacancies shall be filled by competition limited to persons in the classified service who are not employed under s. 230.26 or 230.27 and persons with the right of restoration resulting from layoff under s. 230.34 (2), unless it is necessary to go outside the classified service to be consistent with an approved affirmative action plan or program. The administrator director may also limit competition for promotion to the employees of an agency or an employing unit within an agency if the resulting group of applicants would fairly represent the proportion of members of racial and ethnic, gender or disabled groups in the relevant labor pool for the state.

SB21-SSA1,3726 Section 3726. 230.21 (1) of the statutes is amended to read: