SB44: Bill Text

SB44,929,18 227.43 (4) (b) The department of transportation shall pay all costs of the services of a hearing examiner assigned under sub. (1) (bg) or (bk) or assigned to the department under sub. (1) (br), according to the fees set under sub. (3) (b).

SB44, s. 2373 Section 2373. 227.44 (2s) of the statutes is repealed.

SB44, s. 2374 Section 2374. 227.46 (2m) of the statutes is amended to read:

SB44,930,12 227.46 (2m) In any hearing or review assigned to a hearing examiner under s. 227.43 (1) (bg) or (bk), the hearing examiner presiding at the hearing shall prepare a proposed decision, including findings of fact, conclusions of law, order and opinion, in a form that may be adopted as the final decision in the case. The proposed decision shall be a part of the record and shall be served by the division of hearings and appeals in the department of administration on all parties. Each party adversely affected by the proposed decision shall be given an opportunity to file objections to the proposed decision within 15 days, briefly stating the reasons and authorities for each objection, and to argue with respect to them before the administrator of the division of hearings and appeals. The administrator of the division of hearings and appeals may direct whether such argument shall be written or oral. If the decision of the administrator of the division of hearings and appeals varies in any respect from the decision of the hearing examiner, the decision of the administrator of the division of hearings and appeals shall include an explanation of the basis for each variance. The decision of the administrator of the division of hearings and appeals is a final decision of the agency subject to judicial review under s. 227.52. The department of transportation may petition for judicial review.

SB44, s. 2375 Section 2375. 227.46 (3) (intro.) of the statutes is amended to read:

SB44,930,16 227.46 (3) (intro.) With respect to contested cases except a hearing or review assigned to a hearing examiner under s. 227.43 (1) (bg) or (bk), an agency may by rule or in a particular case may by order:

SB44, s. 2376 Section 2376 . 227.47 (2) of the statutes is amended to read:

SB44,931,2 227.47 (2) Except as otherwise provided in this subsection, a proposed or final decision of the personnel employment relations commission, hearing examiner or arbitrator concerning an appeal of the decision of the secretary of employment relations made under s. 230.09 (2) (a) or (d) shall not be accompanied by findings of fact or conclusions of law. If within 30 days after the commission issues a decision in such an appeal either party files a petition for judicial review of the decision under s. 227.53 and files a written notice with the commission that the party has filed such a petition, the commission shall issue written findings of fact and conclusions of law within 90 days after receipt of the notice. The court shall stay the proceedings pending receipt of the findings and conclusions.

SB44, s. 2377 Section 2377. 227.47 (2) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,931,14 227.47 (2) Except as otherwise provided in this subsection, a proposed or final decision of the employment relations commission, hearing examiner or arbitrator concerning an appeal of the decision of the secretary of employment relations administration made under s. 230.09 (2) (a) or (d) shall not be accompanied by findings of fact or conclusions of law. If within 30 days after the commission issues a decision in such an appeal either party files a petition for judicial review of the decision under s. 227.53 and files a written notice with the commission that the party has filed such a petition, the commission shall issue written findings of fact and conclusions of law within 90 days after receipt of the notice. The court shall stay the proceedings pending receipt of the findings and conclusions.

SB44, s. 2378 Section 2378. 227.52 (3) of the statutes is amended to read:

SB44,931,19 227.52 (3) Those decisions of the division of banking that are subject to review, prior to any judicial review, by the banking review board, and decisions of the division of banking relating to savings banks or savings and loan associations, but no other institutions subject to the jurisdiction of the division of banking.

SB44, s. 2379 Section 2379. 227.52 (5) of the statutes is repealed.

SB44, s. 2380 Section 2380. 227.53 (1) (a) 1. of the statutes is amended to read:

SB44,932,5 227.53 (1) (a) 1. Proceedings for review shall be instituted by serving a petition therefor personally or by certified mail upon the agency or one of its officials, and filing the petition in the office of the clerk of the circuit court for the county where the judicial review proceedings are to be held. If the agency whose decision is sought to be reviewed is the office of the commissioner of tax appeals commission, the banking review board, the credit union review board, or the savings and loan institutions review board or the savings bank review board, the petition shall be served upon both the agency whose decision is sought to be reviewed and the corresponding named respondent, as specified under par. (b) 1. to 5. 4.

SB44, s. 2381 Section 2381. 227.53 (1) (b) 1. of the statutes is amended to read:

SB44,932,8 227.53 (1) (b) 1. The office of the commissioner of tax appeals commission, the department of revenue.

SB44, s. 2382 Section 2382. 227.53 (1) (b) 4. of the statutes is amended to read:

SB44,932,13 227.53 (1) (b) 4. The savings and loan institutions review board, the division of savings institutions banking, except if the petitioner is the division of savings institutions banking, the prevailing parties before the savings and loan institutions review board shall be the named respondents.

SB44, s. 2383 Section 2383. 227.53 (1) (b) 5. of the statutes is repealed.

SB44, s. 2384 Section 2384. 227.53 (1) (d) of the statutes is amended to read:

SB44,932,23 227.53 (1) (d) Except in the case of the office of the commissioner of tax appeals commission, the banking review board, the credit union review board, and the savings and loan institutions review board and the savings bank review board, the agency and all parties to the proceeding before it, shall have the right to participate in the proceedings for review. The court may permit other interested persons to intervene. Any person petitioning the court to intervene shall serve a copy of the petition on each party who appeared before the agency and any additional parties to the judicial review at least 5 days prior to the date set for hearing on the petition.

SB44, s. 2385 Section 2385. 230.03 (8) of the statutes is amended to read:

SB44,933,2 230.03 (8) "Commission" means the personnel employment relations commission.

SB44, s. 2386 Section 2386. 230.03 (9) of the statutes is amended to read:

SB44,933,5 230.03 (9) "Department" means the department of employment relations administration.

SB44, s. 2387 Section 2387. 230.03 (10e) of the statutes is created to read:

SB44,933,8 230.03 (10e) "Division of equal rights" means the division of equal rights in the department of workforce development.

SB44, s. 2388 Section 2388. 230.04 (1) of the statutes is amended to read:

SB44,933,13 230.04 (1) The secretary is charged with the effective administration of this chapter. All powers and duties, necessary to that end, which are not exclusively vested by statute in the commission, the division of equal rights, the administrator or appointing authorities, are reserved to the secretary.

SB44, s. 2389 Section 2389. 230.04 (1m) of the statutes is amended to read:

SB44,934,4 230.04 (1m) The secretary may delegate, in writing, any of his or her functions set forth in this chapter to an appointing authority, within prescribed standards if the secretary 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 secretary determines that any agency is not performing such delegated function within prescribed standards, the secretary shall forthwith withdraw such delegated function. Subject to the approval of the joint committee on finance, the secretary may order transferred to the department 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 department reduced staff or shifted staff to new responsibilities as a result of such delegation. Any delegatory action taken under s. 230.09 (2) (a) or (d) or 230.13 (1) by an appointing authority may be appealed to the personnel commission under s. 230.44 (1) (b). The secretary shall be a party in such an appeal.

SB44, s. 2390 Section 2390. 230.04 (7) of the statutes is repealed.

SB44, s. 2391 Section 2391. 230.05 (2) (a) of the statutes is amended to read:

SB44,934,22 230.05 (2) (a) Except as provided under par. (b), the administrator 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 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 determines that any agency is not performing such delegated function within prescribed standards, the administrator shall withdraw such delegated function. The administrator may order transfer to the division 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 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 personnel commission under s. 230.44 (1) (a). The administrator shall be a party in such appeal.

SB44, s. 2392 Section 2392. 230.08 (2) (e) 1. of the statutes is amended to read:

SB44,934,24 230.08 (2) (e) 1. Administration — 10 13.

SB44, s. 2393 Section 2393. 230.08 (2) (e) 2. of the statutes is amended to read:

SB44,935,1 230.08 (2) (e) 2. Agriculture, trade and consumer protection — 6 5.

SB44, s. 2394 Section 2394. 230.08 (2) (e) 3. of the statutes is amended to read:

SB44,935,3 230.08 (2) (e) 3. Commerce — 7 6.

SB44, s. 2395 Section 2395. 230.08 (2) (e) 3r. of the statutes is repealed.

SB44, s. 2396 Section 2396. 230.08 (2) (e) 4. of the statutes is repealed.

SB44, s. 2397 Section 2397. 230.08 (2) (e) 4f. of the statutes is amended to read:

SB44,935,7 230.08 (2) (e) 4f. Financial institutions — 4 3.

SB44, s. 2398 Section 2398. 230.08 (2) (e) 7. of the statutes is amended to read:

SB44,935,9 230.08 (2) (e) 7. Justice — 4 3.

SB44, s. 2399 Section 2399. 230.08 (2) (L) 4. of the statutes is repealed.

SB44, s. 2400 Section 2400. 230.08 (2) (sm) of the statutes is created to read:

SB44,935,13 230.08 (2) (sm) Assignable prosecutors, as defined in s. 978.001 (1c), in the department of administration.

SB44, s. 2401 Section 2401. 230.08 (2) (x) of the statutes is repealed.

SB44, s. 2402 Section 2402. 230.08 (2) (xe) of the statutes is amended to read:

SB44,935,18 230.08 (2) (xe) The director of Indian gaming in the department of administration, and the attorney in the department of administration, appointed under s. 569.015 (2).

SB44, s. 2403 Section 2403. 230.08 (2) (xt) of the statutes is created to read:

SB44,935,22 230.08 (2) (xt) A position in the office of the secretary of administration to advise and assist the secretary on matters related to affirmative action, equal employment opportunity, diversity, and other state employment relation matters.

SB44, s. 2404 Section 2404. 230.08 (2) (y) of the statutes is amended to read:

SB44,935,25 230.08 (2) (y) The director and staff assistant of the federal-state relations office of the department of administration.

SB44, s. 2405 Section 2405. 230.08 (2) (yr) of the statutes is amended to read:

SB44,936,3 230.08 (2) (yr) The executive director of the governor's work-based learning board council.

SB44, s. 2406 Section 2406. 230.08 (4) (c) of the statutes is amended to read:

SB44,936,20 230.08 (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 department of administration and by the secretary. The department of administration's secretary'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 secretary's review and 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 this review shall be provided by the department of administration and by the secretary 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.

SB44, s. 2407 Section 2407. 230.08 (7) of the statutes is amended to read:

SB44,937,2 230.08 (7) Exceptional employment situations. The administrator secretary 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.

SB44, s. 2408 Section 2408. 230.09 (2) (g) of the statutes is amended to read:

SB44,937,23 230.09 (2) (g) When filling a new or vacant position, if the secretary 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), the University of Wisconsin Hospitals and Clinics Board creating positions under s. 16.505 (2n) or the board of regents of the University of Wisconsin System creating positions under s. 16.505 (2m), or is different than that of the previous incumbent, the secretary shall notify the administrator and the secretary of administration. The administrator 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 University of Wisconsin Hospitals and Clinics Board creating positions under s. 16.505 (2n) or the intent of the board of regents of the University of Wisconsin System creating positions under s. 16.505 (2m). The administrator may not proceed with the selection and certification process until the secretary of administration has authorized the position to be filled.

SB44, s. 2409 Section 2409. 230.12 (7m) of the statutes is amended to read:

SB44,938,6 230.12 (7m) Pay adjustment filing requirements. Except as provided in the rules of the secretary 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 secretary and with the department of administration a list of employees showing their then existing pay rates and their proposed new pay rates.

SB44, s. 2410 Section 2410. 230.14 (4) of the statutes is amended to read:

SB44,938,11 230.14 (4) The administrator 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. 20.512 (1) (ka) 20.505 (1) (kp).

SB44, s. 2411 Section 2411. 230.143 (3) of the statutes is repealed.

SB44, s. 2412 Section 2412. 230.147 (3) of the statutes is amended to read:

SB44,938,19 230.147 (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 department of employment relations to assure that its efforts under this subsection comply with ch. 230.

SB44, s. 2413 Section 2413. 230.215 (3) (a) of the statutes is amended to read:

SB44,939,3 230.215 (3) (a) An agency may, with the approval of the secretary and with the approval of the secretary of administration under s. 16.50, restructure budgeted permanent positions as such positions become vacant or if an employee voluntarily requests a job-sharing or permanent part-time employment opportunity. No employee occupying a full-time permanent position may be involuntarily terminated, demoted, transferred or reassigned in order to restructure that position for permanent part-time employment and no such employee may be required to accept a permanent part-time position as a condition of continued employment.

SB44, s. 2414 Section 2414. 230.34 (1) (a) of the statutes is renumbered 230.34 (1) (ah).

SB44, s. 2415 Section 2415. 230.34 (1) (ac) of the statutes is created to read:

SB44,939,7 230.34 (1) (ac) In this section, "assistant district attorney" includes an assignable prosecutor, as defined in s. 978.001 (1c).

SB44, s. 2416 Section 2416. 230.34 (1) (ar) of the statutes is amended to read:

SB44,939,18 230.34 (1) (ar) Paragraphs (a) (ah) and (am) apply to all employees with permanent status in class in the classified service and all employees who have served with the state as an assistant district attorney for a continuous period of 12 months or more, except that for employees specified in s. 111.81 (7) (a) in a collective bargaining unit for which a representative is recognized or certified, or for employees specified in s. 111.81 (7) (b) or (c) in a collective bargaining unit for which a representative is certified, if a collective bargaining agreement is in effect covering employees in the collective bargaining unit, the determination of just cause and all aspects of the appeal procedure shall be governed by the provisions of the collective bargaining agreement.

SB44, s. 2417 Section 2417. 230.44 (1) (c) of the statutes is amended to read:

SB44,939,25 230.44 (1) (c) Demotion, layoff, suspension or discharge. If an employee has permanent status in class, or an employee has served with the state as an assistant district attorney for a continuous period of 12 months or more, the An employee described in s. 230.34 (1) (ah) may appeal a demotion, layoff, suspension, discharge or reduction in base pay to the commission, if the appeal alleges that the decision was not based on just cause.

SB44, s. 2418 Section 2418. 230.45 (title) of the statutes is amended to read:

SB44,940,3 230.45 (title) Powers and duties of personnel commission and division of equal rights.

SB44, s. 2419 Section 2419. 230.45 (1) (b) of the statutes is repealed.

SB44, s. 2420 Section 2420. 230.45 (1) (e) of the statutes is amended to read: