SB44: Bill Text

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 of the statutes is repealed.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SB44, s. 2401 Section 2401. 230.08 (2) (x) of the statutes is repealed.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

SB44,940,7 230.45 (1) (e) Hear appeals, when authorized under county merit system rules under s. 49.33 49.78 (4), from any interested party.

SB44, s. 2421 Section 2421. 230.45 (1) (g) of the statutes is repealed.

SB44, s. 2422 Section 2422. 230.45 (1) (gm) of the statutes is repealed.

SB44, s. 2423 Section 2423. 230.45 (1) (j) of the statutes is repealed.

SB44, s. 2424 Section 2424. 230.45 (1) (k) of the statutes is repealed.

SB44, s. 2425 Section 2425. 230.45 (1) (L) of the statutes is repealed.

SB44, s. 2426 Section 2426. 230.45 (1) (m) of the statutes is repealed.

SB44, s. 2427 Section 2427. 230.45 (1e) of the statutes is created to read:

SB44,940,15 230.45 (1e) The division of equal rights shall:

SB44,941,2 (a) Receive and process complaints of discrimination of state employees under s. 111.375. In the course of investigating or otherwise processing such a complaint, the division of equal rights may require that an interview with any state employee, except a management or supervisory employee who is a party to or immediately involved in the subject matter of the complaint, be conducted outside the presence of the appointing authority or any representative or agent thereof unless the employee voluntarily requests that presence. An appointing authority shall permit an employee to be interviewed without loss of pay and to have an employee representative present at the interview. An appointing authority of an employee to be interviewed may require the division of equal rights to give the appointing authority reasonable notice prior to the interview.

SB44,941,4 (b) Receive and process complaints of retaliatory disciplinary action under s. 230.85.

SB44,941,8 (c) Keep minutes of its own proceedings and other official actions relating to this chapter. All such records shall, subject to reasonable rules, be open to public inspection. Records of the secretary or the administrator which are confidential shall be kept confidential by the division of equal rights.

SB44,941,11 (d) Adopt rules necessary to carry out this section. Notice of the contents of such rules and amendments thereto shall be given promptly to the secretary, the administrator, and appointing authorities affected thereby.

SB44, s. 2428 Section 2428. 230.81 (1) (b) of the statutes is amended to read:

SB44,941,20 230.81 (1) (b) After asking the commission division of equal rights which governmental unit is appropriate to receive the information, disclose the information in writing only to the governmental unit that the commission division of equal rights determines is appropriate. The commission division of equal rights may not designate the department of justice, the courts, the legislature or a service agency under subch. IV of ch. 13 as an appropriate governmental unit to receive information. Each appropriate governmental unit shall designate an employee to receive information under this section.

SB44, s. 2429 Section 2429. 230.85 (1) of the statutes is amended to read:

SB44,942,3 230.85 (1) An employee who believes that a supervisor or appointing authority has initiated or administered, or threatened to initiate or administer, a retaliatory action against that employee in violation of s. 230.83 may file a written complaint with the commission division of equal rights, specifying the nature of the retaliatory action or threat thereof and requesting relief, within 60 days after the retaliatory action allegedly occurred or was threatened or after the employee learned of the retaliatory action or threat thereof, whichever occurs last.

SB44, s. 2430 Section 2430. 230.85 (2) of the statutes is amended to read:

SB44,943,5 230.85 (2) The commission division of equal rights shall receive and, except as provided in s. 230.45 (1m), investigate any complaint under sub. (1). In the course of investigating or otherwise processing such a complaint, the commission division of equal rights may require that an interview with any employee described in s. 230.80 (3), except a management or supervisory employee who is a party to or is immediately involved in the subject matter of the complaint, be conducted outside the presence of the appointing authority or any representative or agent thereof unless the employee voluntarily requests that presence. An appointing authority shall permit an employee to be interviewed without loss of pay and to have an employee representative present at the interview. An appointing authority of an employee to be interviewed may require the commission division of equal rights to give the appointing authority reasonable notice prior to the interview. If the commission division of equal rights finds probable cause to believe that a retaliatory action has occurred or was threatened, it may endeavor to remedy the problem through conference, conciliation or persuasion. If that endeavor is not successful, the commission division of equal rights shall issue and serve a written notice of hearing, specifying the nature of the retaliatory action which has occurred or was threatened, and requiring the person named, in this section called the "respondent", to answer the complaint at a hearing. The notice shall specify the place of hearing and a time of hearing not less than 30 days after service of the complaint upon the respondent nor less than 10 days after service of the notice of hearing. If, however, the commission division of equal rights determines that an emergency exists with respect to a complaint, the notice of hearing may specify a time of hearing within 30 days after service of the complaint upon the respondent, but not less than 10 days after service of the notice of hearing. The testimony at the hearing shall be recorded or taken down by a reporter appointed by the commission division of equal rights.

SB44, s. 2431 Section 2431. 230.85 (3) (a) (intro.) of the statutes is amended to read:

SB44,943,14 230.85 (3) (a) (intro.) After hearing, the commission division of equal rights shall make written findings and orders. If the commission division of equal rights finds that the respondent engaged in or threatened a retaliatory action, it shall order the employee's appointing authority to insert a copy of the findings and orders into the employee's personnel file and, if the respondent is a natural person, order the respondent's appointing authority to insert such a copy into the respondent's personnel file. In addition, the commission division of equal rights may take any other appropriate action, including but not limited to the following:

SB44, s. 2432 Section 2432. 230.85 (3) (a) 4. of the statutes is amended to read:

SB44,943,19 230.85 (3) (a) 4. Order payment of the employee's reasonable attorney fees by a governmental unit respondent, or by a governmental unit employing a respondent who is a natural person if that governmental unit received notice and an opportunity to participate in proceedings before the commission division of equal rights.

SB44, s. 2433 Section 2433. 230.85 (3) (b) of the statutes is amended to read:

SB44,944,8 230.85 (3) (b) If, after hearing, the commission division of equal rights finds that the respondent did not engage in or threaten a retaliatory action it shall order the complaint dismissed. The commission division of equal rights shall order the employee's appointing authority to insert a copy of the findings and orders into the employee's personnel file and, if the respondent is a natural person, order the respondent's appointing authority to insert such a copy into the respondent's personnel file. If the commission division of equal rights finds by unanimous vote that the employee filed a frivolous complaint it may order payment of the respondent's reasonable actual attorney fees and actual costs. Payment may be assessed against either the employee or the employee's attorney, or assessed so that the employee and the employee's attorney each pay a portion. To find a complaint frivolous the commission division of equal rights must find that either s. 814.025 (3) (a) or (b) applies or that both s. 814.025 (3) (a) and (b) apply.

SB44, s. 2434 Section 2434. 230.85 (3) (c) of the statutes is amended to read:

SB44,944,12 230.85 (3) (c) Pending final determination by the commission division of equal rights of any complaint under this section, the commission division of equal rights may make interlocutory orders.

SB44, s. 2435 Section 2435. 230.85 (4) of the statutes is amended to read:

SB44,944,16 230.85 (4) The commission division of equal rights shall serve a certified copy of the findings and order on the respondent and, if the respondent is a natural person, upon the respondent's appointing authority.

SB44, s. 2436 Section 2436. 230.85 (5) (a) of the statutes is amended to read:

SB44,944,22 230.85 (5) (a) If a respondent does not comply with any lawful order by the commission division of equal rights, for each such failure the respondent shall forfeit a sum of not less than $10 nor more than $100. Every day during which a respondent fails to comply with any order of the commission division of equal rights constitutes a separate violation of that order.

SB44, s. 2437 Section 2437. 230.85 (5) (b) of the statutes is amended to read:

SB44,944,25 230.85 (5) (b) As an alternative to par. (a), the commission division of equal rights may enforce an order by a suit in equity.

SB44, s. 2438 Section 2438. 230.87 (1) of the statutes is amended to read:

SB44,945,9 230.87 (1) Findings and orders of the commission division of equal rights under this subchapter are subject to judicial review under ch. 227. Upon that review, or in any enforcement action, the department of justice shall represent the commission division of equal rights unless a conflict of interest results from that representation. A court may order payment of a prevailing appellant employee's reasonable attorney fees by a governmental unit respondent, or by a governmental unit employing a respondent who is a natural person if that governmental unit received notice and an opportunity to appear before the court.

SB44, s. 2439 Section 2439. 230.88 (2) of the statutes is amended to read:

SB44,945,15 230.88 (2) Effect. (a) A final order issued under s. 230.85 or 230.87 which has not been appealed and for which the time of appeal has passed binds all parties who were subjected to the jurisdiction of the commission division of equal rights or the court and who received an opportunity to be heard. With respect to these parties, the decree is conclusive as to all issues of law and fact decided.

SB44,945,24 (b) No collective bargaining agreement supersedes the rights of an employee under this subchapter. However, nothing in this subchapter affects any right of an employee to pursue a grievance procedure under a collective bargaining agreement under subch. V of ch. 111, and if the commission division of equal rights determines that a grievance arising under such a collective bargaining agreement involves the same parties and matters as a complaint under s. 230.85, it shall order the arbitrator's final award on the merits conclusive as to the rights of the parties to the complaint, on those matters determined in the arbitration which were at issue and upon which the determination necessarily depended.

SB44,946,11 (c) No later than 10 days before the specified time of hearing under s. 230.85 (2), an employee shall notify the commission division of equal rights orally or in writing if he or she has commenced or will commence an action in a court of record alleging matters prohibited under s. 230.83 (1). If the employee does not substantially comply with this requirement, the commission division of equal rights may assess against the employee any costs attributable to the failure to notify. Failure to notify the commission division of equal rights does not affect a court's jurisdiction to proceed with the action. Upon commencement of such an action in a court of record, the commission division of equal rights has no jurisdiction to process a complaint filed under s. 230.85 except to dismiss the complaint and, if appropriate, to assess costs under this paragraph.

SB44, s. 2440 Section 2440. 230.89 of the statutes is amended to read:

SB44,946,14 230.89 Rule making and reporting. (1) The commission division of equal rights shall promulgate rules to carry out its responsibilities under this subchapter.

SB44,946,20 (2) Every 2 years, the commission division of equal rights shall submit a report to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), regarding complaints filed, hearings held and actions taken under this subchapter, including the dollar amount of any monetary settlement or final monetary award which has become binding on the parties.

SB44, s. 2441 Section 2441. 233.10 (3) (c) 4. of the statutes is amended to read:

SB44,947,2 233.10 (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 department of employment relations 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.

SB44, s. 2442 Section 2442. 233.10 (4) of the statutes is amended to read:

SB44,947,9 233.10 (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 department of employment relations administration governing transfers as a person who holds a position in the classified service.

SB44, s. 2443 Section 2443. 234.02 (1) of the statutes is amended to read:

SB44,948,2 234.02 (1) There is created a public body corporate and politic to be known as the "Wisconsin Housing and Economic Development Authority." The members of the authority shall be the secretary of commerce or his or her designee , the secretary of agriculture, trade and consumer protection or his or her designee, and the secretary of administration or his or her designee, and 6 public members nominated by the governor, and with the advice and consent of the senate appointed, for staggered 4-year terms commencing on the dates their predecessors' terms expire. In addition, one senator of each party and one representative to the assembly of each party appointed as are the members of standing committees in their respective houses shall serve as members of the authority. A member of the authority shall receive no compensation for services but shall be reimbursed for necessary expenses, including travel expenses, incurred in the discharge of duties. Subject to the bylaws of the authority respecting resignations, each member shall hold office until a successor has been appointed and has qualified. A certificate of appointment or reappointment of any member shall be filed with the authority and the certificate shall be conclusive evidence of the due and proper appointment.

SB44, s. 2444 Section 2444. 234.034 of the statutes is amended to read:

SB44,948,7 234.034 Consistency with state housing strategy plan. Subject to agreements with bondholders or noteholders, the authority shall exercise its powers and perform its duties related to housing consistent with the state housing strategy plan under s. 16.31 560.9802.

SB44, s. 2445 Section 2445. 234.06 (1) of the statutes is amended to read: