JR1 AB11: Bill Text

AB11,108,10 230.01 (3) Nothing in this chapter shall be construed to either infringe upon or supersede the rights guaranteed state employees under subch. V or VI of ch. 111.

AB11, s. 316 Section 316. 230.03 (3) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

AB11,108,22 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

AB11, s. 317 Section 317. 230.04 (16) of the statutes is amended to read:

AB11,108,25 230.04 (16) The director may appoint either a deputy director or an executive assistant outside the classified service.

AB11, s. 318 Section 318. 230.046 (10) (a) of the statutes is amended to read:

AB11,109,3 230.046 (10) (a) Conduct off-the-job employee development and training programs relating to functions under this chapter or subch. V or VI of ch. 111.

AB11, s. 319 Section 319. 230.08 (2) (e) 1. of the statutes is amended to read:

AB11,109,5 230.08 (2) (e) 1. Administration — 14 13.

AB11, s. 320 Section 320. 230.08 (2) (e) 2. of the statutes is amended to read:

AB11,109,7 230.08 (2) (e) 2. Agriculture, trade and consumer protection — 6 9.

AB11, s. 321 Section 321. 230.08 (2) (e) 2m. of the statutes is amended to read:

AB11,109,9 230.08 (2) (e) 2m. Children and families — 5 8.

AB11, s. 322 Section 322. 230.08 (2) (e) 3e. of the statutes is amended to read:

AB11,109,11 230.08 (2) (e) 3e. Corrections — 4 7.

AB11, s. 323 Section 323. 230.08 (2) (e) 4f. of the statutes is amended to read:

AB11,109,13 230.08 (2) (e) 4f. Financial institutions — 3 5.

AB11, s. 324 Section 324. 230.08 (2) (e) 5. of the statutes is amended to read:

AB11,109,15 230.08 (2) (e) 5. Health services — 6 9.

AB11, s. 325 Section 325. 230.08 (2) (e) 6. of the statutes is amended to read:

AB11,109,17 230.08 (2) (e) 6. Workforce development — 6 8.

AB11, s. 326 Section 326. 230.08 (2) (e) 8. of the statutes is amended to read:

AB11,109,19 230.08 (2) (e) 8. Natural resources — 7 10.

AB11, s. 327 Section 327. 230.08 (2) (e) 8h. of the statutes is created to read:

AB11,109,21 230.08 (2) (e) 8h. Office of the commissioner of insurance — 2.

AB11, s. 328 Section 328. 230.08 (2) (e) 8j. of the statutes is created to read:

AB11,109,23 230.08 (2) (e) 8j. Office of state employment relations — 3.

AB11, s. 329 Section 329. 230.08 (2) (e) 9m. of the statutes is amended to read:

AB11,109,25 230.08 (2) (e) 9m. Public service commission — 5 8.

AB11, s. 330 Section 330. 230.08 (2) (e) 10. of the statutes is amended to read:

AB11,110,2 230.08 (2) (e) 10. Regulation and licensing — 4 6.

AB11, s. 331 Section 331. 230.08 (2) (e) 11. of the statutes is amended to read:

AB11,110,4 230.08 (2) (e) 11. Revenue — 4 7.

AB11, s. 332 Section 332. 230.08 (2) (e) 12. of the statutes is amended to read:

AB11,110,6 230.08 (2) (e) 12. Transportation — 6 9.

AB11, s. 333 Section 333. 230.08 (2) (e) 15. of the statutes is created to read:

AB11,110,8 230.08 (2) (e) 15. Tourism — 1.

AB11, s. 334 Section 334. 230.08 (2) (ya) of the statutes is amended to read:

AB11,110,12 230.08 (2) (ya) The director, deputy director, and executive assistant to the director of the office of state employment relations in the department of administration.

AB11, s. 335 Section 335. 230.08 (4) (a) of the statutes is amended to read:

AB11,110,23 230.08 (4) (a) The number of administrator positions specified in sub. (2) (e) includes all administrator positions specifically authorized by law to be employed outside the classified service in each department, board or commission and the historical society, and any other managerial position determined by an appointing authority. In this paragraph, "department" has the meaning given under s. 15.01 (5), "board" means the educational communications board, government accountability board, investment board, public defender board and technical college system board and "commission" means the public service commission. Notwithstanding sub. (2) (z), no division administrator position exceeding the number authorized in sub. (2) (e) may be created in the unclassified service.

AB11, s. 336 Section 336. 230.09 (2) (g) of the statutes is amended to read:

AB11,111,20 230.09 (2) (g) When filling a new or vacant position, if the director 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 director 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.

AB11, s. 337 Section 337. 230.10 (1) of the statutes is amended to read:

AB11,112,3 230.10 (1) Except as provided under sub. (2), the compensation plan provisions of s. 230.12 apply to all employees of the classified service, unless they are covered by a collective bargaining agreement under subch. V of ch. 111. If an employee is covered under a collective bargaining agreement under subch. V of ch. 111, the compensation plan provisions of s. 230.12 apply to that employee, except for those provisions relating to matters that are subject to bargaining under a collective bargaining agreement that covers the employee.

AB11, s. 338 Section 338. 230.12 (3) (e) 1. of the statutes is amended to read:

AB11,113,3 230.12 (3) (e) 1. The director, after receiving recommendations from the board of regents, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included in a collective bargaining unit under subch. V or VI of ch. 111 for which a representative is certified. The proposal shall include the salary ranges and adjustments to the salary ranges for the university senior executive salary groups 1 and 2 established under s. 20.923 (4g). 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 such employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). 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 ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). 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.

AB11, s. 339 Section 339. 230.24 (4) of the statutes is created to read:

AB11,113,8 230.24 (4) An appointing authority may reassign an employee in a career executive position to a career executive position in any agency if the appointing authority in the agency to which the employee is to be reassigned approves of the reassignment.

AB11, s. 340 Section 340. 230.26 (4) of the statutes is amended to read:

AB11,113,16 230.26 (4) Fringe benefits specifically authorized by statutes, with the exception of deferred compensation plan participation under subch. VII of ch. 40, worker's compensation, unemployment insurance, group insurance, retirement, and social security coverage, shall be denied employees hired under this section. Such employees may not be considered permanent employees and do not qualify for tenure, vacation, paid holidays, sick leave, performance awards, or the right to compete in promotional examinations.

AB11, s. 341 Section 341. 230.29 (1) of the statutes is renumbered 230.29 and amended to read:

AB11,113,20 230.29 Transfers. Subject to sub. (2), a A transfer may be made from one position to another only if specifically authorized by the administrator.

AB11, s. 342 Section 342. 230.29 (2) of the statutes is repealed.

AB11, s. 343 Section 343. 230.34 (1) (ar) of the statutes is amended to read:

AB11,114,7 230.34 (1) (ar) Paragraphs (a) 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.

AB11, s. 344 Section 344. 230.34 (1) (ax) of the statutes is created to read:

AB11,114,11 230.34 (1) (ax) 1. Notwithstanding pars. (a), (am), and (ar), during a state of emergency declared by the governor under s. 323.10, an appointing authority may discharge any employee who does any of the following:

AB11,114,14 a. Fails to report to work as scheduled for any 3 working days during the state of emergency and the employee's absences from work are not approved leaves of absence.

AB11,114,17 b. Participates in a strike, work stoppage, sit-down, stay-in, slowdown, or other concerted activities to interrupt the operations or services of state government, including specifically participation in purported mass resignations or sick calls.

AB11,114,18 2. Engaging in any action under subd. 1. constitutes just cause for discharge.

AB11,114,22 3. Before discharging an employee, the appointing authority shall provide the employee notice of the action and shall furnish to the employee in writing the reasons for the action. The appointing authority shall provide the employee an opportunity to respond to the reasons for the discharge.

AB11, s. 345 Section 345. 230.35 (1s) of the statutes is amended to read:

AB11,115,5 230.35 (1s) Annual leave of absence with pay for instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm) shall be determined by the governing board of the charter school established by contract under s. 118.40 (2r) (cm), as approved by the chancellor of the University of Wisconsin-Parkside and subject to the terms of any collective bargaining agreement under subch. V of ch. 111 covering the instructional staff.

AB11, s. 346 Section 346. 230.35 (2d) (e) of the statutes is amended to read:

AB11,115,10 230.35 (2d) (e) For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.

AB11, s. 347 Section 347. 230.35 (3) (e) 6. of the statutes is amended to read:

AB11,115,15 230.35 (3) (e) 6. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this paragraph shall apply unless otherwise provided in a collective bargaining agreement.

AB11, s. 348 Section 348. 230.88 (2) (b) of the statutes is amended to read:

AB11,115,25 230.88 (2) (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 or VI of ch. 111, and if the 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.

AB11, s. 349 Section 349. 233.02 (1) (h) of the statutes is repealed.

AB11, s. 350 Section 350. 233.02 (8) of the statutes is amended to read:

AB11,116,11 233.02 (8) The members of the board of directors shall annually elect a chairperson and may elect other officers as they consider appropriate. Eight voting members of the board of directors constitute a quorum for the purpose of conducting the business and exercising the powers of the authority, notwithstanding the existence of any vacancy. The members of the board of directors specified under sub. (1) (c) and (g) may not be the chairperson of the board of directors for purposes of 1995 Wisconsin Act 27, section 9159 (2). The board of directors may take action upon a vote of a majority of the members present, unless the bylaws of the authority require a larger number.

AB11, s. 351 Section 351. 233.03 (7) of the statutes is amended to read:

AB11,116,18 233.03 (7) Subject to s. 233.10 and ch. 40 and 1995 Wisconsin Act 27, section 9159 (4) and the duty to engage in collective bargaining with employees in a collective bargaining unit for which a representative is recognized or certified under subch. I of ch. 111, employ any agent, employee or special advisor that the authority finds necessary and fix his or her compensation and provide any employee benefits, including an employee pension plan.

AB11, s. 352 Section 352. 233.04 (2) of the statutes is amended to read:

AB11,116,21 233.04 (2) Subject to subs. (4) to (4r) and s. 233.10, develop and implement a personnel structure and other employment policies for employees of the authority.

AB11, s. 353 Section 353. 233.04 (4) of the statutes is repealed.

AB11, s. 354 Section 354. 233.04 (4m) of the statutes is repealed.

AB11, s. 355 Section 355. 233.04 (4r) of the statutes is repealed.

AB11, s. 356 Section 356. 233.10 (1) of the statutes is amended to read:

AB11,117,4 233.10 (1) Subject to s. 233.04 (4) to (4r) and 1995 Wisconsin Act 27, section 9159 (2) and (4), the The authority shall employ such employees as it may require and shall determine the qualifications and duties of its employees. Appointments to and promotions in the authority shall be made according to merit and fitness.

AB11, s. 357 Section 357. 233.10 (2) (intro.) of the statutes is amended to read:

AB11,117,9 233.10 (2) (intro.) Subject to subs. (3), (3m), (3r) and (3t) and ch. 40 and the duty to engage in collective bargaining with employees in a collective bargaining unit for which a representative is recognized or certified under subch. I of ch. 111, the authority shall establish any of the following:

AB11, s. 358 Section 358. 233.10 (3) (a) (intro.) of the statutes is amended to read:

AB11,117,12 233.10 (3) (a) (intro.) In this subsection and subs. (3m) and sub. (4), "carry-over employee" means an employee of the authority who satisfies all of the following:

AB11, s. 359 Section 359. 233.10 (3) (b) of the statutes is repealed.

AB11, s. 360 Section 360. 233.10 (3) (c) (intro.) of the statutes is amended to read:

AB11,117,18 233.10 (3) (c) (intro.) If an employee of the authority is a carry-over employee and is an employee to whom par. (b) does not apply, the authority shall, when setting the terms of the carry-over employee's employment during the period beginning on June 29, 1996, and ending on June 30, 1997, do all of the following: