AB11,110,2314 230.08 (4) (a) The number of administrator positions specified in sub. (2) (e)
15includes all administrator positions specifically authorized by law to be employed
16outside the classified service in each department, board or commission and the
17historical society, and any other managerial position determined by an appointing
18authority
. In this paragraph, "department" has the meaning given under s. 15.01 (5),
19"board" means the educational communications board, government accountability
20board, investment board, public defender board and technical college system board
21and "commission" means the public service commission. Notwithstanding sub. (2)
22(z), no division administrator position exceeding the number authorized in sub. (2)
23(e) may be created in the unclassified service.
AB11, s. 336 24Section 336. 230.09 (2) (g) of the statutes is amended to read:
AB11,111,20
1230.09 (2) (g) When filling a new or vacant position, if the director determines
2that the classification for a position is different than that provided for by the
3legislature as established by law or in budget determinations, or as authorized by the
4joint committee on finance under s. 13.10, or as specified by the governor creating
5positions under s. 16.505 (1) (c) or (2), the University of Wisconsin Hospitals and
6Clinics Board creating positions under s. 16.505 (2n)
or the board of regents of the
7University of Wisconsin System creating positions under s. 16.505 (2m), or is
8different than that of the previous incumbent, the director shall notify the
9administrator and the secretary of administration. The administrator shall
10withhold action on the selection and certification process for filling the position. The
11secretary of administration shall review the position to determine that sufficient
12funds exist for the position and that the duties and responsibilities of the proposed
13position reflect the intent of the legislature as established by law or in budget
14determinations, the intent of the joint committee on finance acting under s. 13.10,
15the intent of the governor creating positions under s. 16.505 (1) (c) or (2), the
16University of Wisconsin Hospitals and Clinics Board creating positions under s.
1716.505 (2n)
or the intent of the board of regents of the University of Wisconsin System
18creating positions under s. 16.505 (2m). The administrator may not proceed with the
19selection and certification process until the secretary of administration has
20authorized the position to be filled.
AB11, s. 337 21Section 337. 230.10 (1) of the statutes is amended to read:
AB11,112,322 230.10 (1) Except as provided under sub. (2), the compensation plan provisions
23of s. 230.12 apply to all employees of the classified service, unless they are covered
24by a collective bargaining agreement under subch. V of ch. 111
. If an employee is
25covered under a collective bargaining agreement under subch. V of ch. 111, the

1compensation plan provisions of s. 230.12 apply to that employee, except for those
2provisions relating to matters that are subject to bargaining under a collective
3bargaining agreement that covers the employee
.
AB11, s. 338 4Section 338. 230.12 (3) (e) 1. of the statutes is amended to read:
AB11,113,35 230.12 (3) (e) 1. The director, after receiving recommendations from the board
6of regents, shall submit to the joint committee on employment relations a proposal
7for adjusting compensation and employee benefits for employees under ss. 20.923
8(4g), (5) and (6) (m) and 230.08 (2) (d) who are not included in a collective bargaining
9unit under subch. V or VI of ch. 111 for which a representative is certified. The
10proposal shall include the salary ranges and adjustments to the salary ranges for the
11university senior executive salary groups 1 and 2 established under s. 20.923 (4g).
12The proposal shall be based upon the competitive ability of the board of regents to
13recruit and retain qualified faculty and academic staff, data collected as to rates of
14pay for comparable work in other public services, universities and commercial and
15industrial establishments, recommendations of the board of regents and any special
16studies carried on as to the need for any changes in compensation and employee
17benefits to cover each year of the biennium. The proposal shall also take proper
18account of prevailing pay rates, costs and standards of living and the state's
19employment policies. The proposal for such pay adjustments may contain
20recommendations for across-the-board pay adjustments, merit or other
21adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf)
22shall apply to the process for approval of all pay adjustments for such employees
23under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The proposal as approved
24by the joint committee on employment relations and the governor shall be based
25upon a percentage of the budgeted salary base for such employees under ss. 20.923

1(4g), (5) and (6) (m) and 230.08 (2) (d). The amount included in the proposal for merit
2and adjustments other than across-the-board pay adjustments is available for
3discretionary use by the board of regents.
AB11, s. 339 4Section 339. 230.24 (4) of the statutes is created to read:
AB11,113,85 230.24 (4) An appointing authority may reassign an employee in a career
6executive position to a career executive position in any agency if the appointing
7authority in the agency to which the employee is to be reassigned approves of the
8reassignment.
AB11, s. 340 9Section 340. 230.26 (4) of the statutes is amended to read:
AB11,113,1610 230.26 (4) Fringe benefits specifically authorized by statutes, with the
11exception of deferred compensation plan participation under subch. VII of ch. 40,
12worker's compensation, unemployment insurance, group insurance, retirement, and
13social security coverage, shall be denied employees hired under this section. Such
14employees may not be considered permanent employees and do not qualify for
15tenure, vacation, paid holidays, sick leave, performance awards, or the right to
16compete in promotional examinations.
AB11, s. 341 17Section 341. 230.29 (1) of the statutes is renumbered 230.29 and amended to
18read:
AB11,113,20 19230.29 Transfers. Subject to sub. (2), a A transfer may be made from one
20position to another only if specifically authorized by the administrator.
AB11, s. 342 21Section 342. 230.29 (2) of the statutes is repealed.
AB11, s. 343 22Section 343. 230.34 (1) (ar) of the statutes is amended to read:
AB11,114,723 230.34 (1) (ar) Paragraphs (a) and (am) apply to all employees with permanent
24status in class in the classified service and all employees who have served with the
25state as an assistant district attorney for a continuous period of 12 months or more,

1except that for employees specified in s. 111.81 (7) (a) in a collective bargaining unit
2for which a representative is recognized or certified, or for employees specified in s.
3111.81 (7) (b) or (c) in a collective bargaining unit for which a representative is
4certified, if a collective bargaining agreement is in effect covering employees in the
5collective bargaining unit, the determination of just cause and all aspects of the
6appeal procedure shall be governed by the provisions of the collective bargaining
7agreement
.
AB11, s. 344 8Section 344. 230.34 (1) (ax) of the statutes is created to read:
AB11,114,119 230.34 (1) (ax) 1. Notwithstanding pars. (a), (am), and (ar), during a state of
10emergency declared by the governor under s. 323.10, an appointing authority may
11discharge any employee who does any of the following:
AB11,114,1412 a. Fails to report to work as scheduled for any 3 working days during the state
13of emergency and the employee's absences from work are not approved leaves of
14absence.
AB11,114,1715 b. Participates in a strike, work stoppage, sit-down, stay-in, slowdown, or
16other concerted activities to interrupt the operations or services of state government,
17including specifically participation in purported mass resignations or sick calls.
AB11,114,1818 2. Engaging in any action under subd. 1. constitutes just cause for discharge.
AB11,114,2219 3. Before discharging an employee, the appointing authority shall provide the
20employee notice of the action and shall furnish to the employee in writing the reasons
21for the action. The appointing authority shall provide the employee an opportunity
22to respond to the reasons for the discharge.
AB11, s. 345 23Section 345. 230.35 (1s) of the statutes is amended to read:
AB11,115,524 230.35 (1s) Annual leave of absence with pay for instructional staff employed
25by the board of regents of the University of Wisconsin System who provide services

1for a charter school established by contract under s. 118.40 (2r) (cm) shall be
2determined by the governing board of the charter school established by contract
3under s. 118.40 (2r) (cm), as approved by the chancellor of the University of
4Wisconsin-Parkside and subject to the terms of any collective bargaining agreement
5under subch. V of ch. 111 covering the instructional staff
.
AB11, s. 346 6Section 346. 230.35 (2d) (e) of the statutes is amended to read:
AB11,115,107 230.35 (2d) (e) For employees who are included in a collective bargaining unit
8for which a representative is recognized or certified under subch. V or VI of ch. 111,
9this subsection shall apply unless otherwise provided in a collective bargaining
10agreement.
AB11, s. 347 11Section 347. 230.35 (3) (e) 6. of the statutes is amended to read:
AB11,115,1512 230.35 (3) (e) 6. For employees who are included in a collective bargaining unit
13for which a representative is recognized or certified under subch. V or VI of ch. 111,
14this paragraph shall apply unless otherwise provided in a collective bargaining
15agreement.
AB11, s. 348 16Section 348. 230.88 (2) (b) of the statutes is amended to read:
AB11,115,2517 230.88 (2) (b) No collective bargaining agreement supersedes the rights of an
18employee under this subchapter. However, nothing in this subchapter affects any
19right of an employee to pursue a grievance procedure under a collective bargaining
20agreement under subch. V or VI of ch. 111, and if the division of equal rights
21determines that a grievance arising under such a collective bargaining agreement
22involves the same parties and matters as a complaint under s. 230.85, it shall order
23the arbitrator's final award on the merits conclusive as to the rights of the parties
24to the complaint, on those matters determined in the arbitration which were at issue
25and upon which the determination necessarily depended.
AB11, s. 349
1Section 349. 233.02 (1) (h) of the statutes is repealed.
AB11, s. 350 2Section 350. 233.02 (8) of the statutes is amended to read:
AB11,116,113 233.02 (8) The members of the board of directors shall annually elect a
4chairperson and may elect other officers as they consider appropriate. Eight voting
5members of the board of directors constitute a quorum for the purpose of conducting
6the business and exercising the powers of the authority, notwithstanding the
7existence of any vacancy. The members of the board of directors specified under sub.
8(1) (c) and (g) may not be the chairperson of the board of directors for purposes of 1995
9Wisconsin Act 27
, section 9159 (2). The board of directors may take action upon a vote
10of a majority of the members present, unless the bylaws of the authority require a
11larger number.
AB11, s. 351 12Section 351. 233.03 (7) of the statutes is amended to read:
AB11,116,1813 233.03 (7) Subject to s. 233.10 and ch. 40 and 1995 Wisconsin Act 27, section
149159 (4) and the duty to engage in collective bargaining with employees in a collective
15bargaining unit for which a representative is recognized or certified under subch. I
16of ch. 111
, employ any agent, employee or special advisor that the authority finds
17necessary and fix his or her compensation and provide any employee benefits,
18including an employee pension plan.
AB11, s. 352 19Section 352. 233.04 (2) of the statutes is amended to read:
AB11,116,2120 233.04 (2) Subject to subs. (4) to (4r) and s. 233.10, develop and implement a
21personnel structure and other employment policies for employees of the authority.
AB11, s. 353 22Section 353. 233.04 (4) of the statutes is repealed.
AB11, s. 354 23Section 354. 233.04 (4m) of the statutes is repealed.
AB11, s. 355 24Section 355. 233.04 (4r) of the statutes is repealed.
AB11, s. 356 25Section 356. 233.10 (1) of the statutes is amended to read:
AB11,117,4
1233.10 (1) Subject to s. 233.04 (4) to (4r) and 1995 Wisconsin Act 27, section
29159 (2) and (4), the
The authority shall employ such employees as it may require
3and shall determine the qualifications and duties of its employees. Appointments
4to and promotions in the authority shall be made according to merit and fitness.
AB11, s. 357 5Section 357. 233.10 (2) (intro.) of the statutes is amended to read:
AB11,117,96 233.10 (2) (intro.) Subject to subs. (3), (3m), (3r) and (3t) and ch. 40 and the duty
7to engage in collective bargaining with employees in a collective bargaining unit for
8which a representative is recognized or certified under subch. I of ch. 111
, the
9authority shall establish any of the following:
AB11, s. 358 10Section 358. 233.10 (3) (a) (intro.) of the statutes is amended to read:
AB11,117,1211 233.10 (3) (a) (intro.) In this subsection and subs. (3m) and sub. (4), "carry-over
12employee" means an employee of the authority who satisfies all of the following:
AB11, s. 359 13Section 359. 233.10 (3) (b) of the statutes is repealed.
AB11, s. 360 14Section 360. 233.10 (3) (c) (intro.) of the statutes is amended to read:
AB11,117,1815 233.10 (3) (c) (intro.) If an employee of the authority is a carry-over employee
16and is an employee to whom par. (b) does not apply, the authority shall, when setting
17the terms of the carry-over employee's employment during the period beginning on
18June 29, 1996, and ending on June 30, 1997, do all of the following:
AB11, s. 361 19Section 361. 233.10 (3) (d) of the statutes is amended to read:
AB11,117,2420 233.10 (3) (d) If an employee of the authority is not a carry-over employee and
21is an employee to whom par. (b) does not apply
, the authority shall, from June 29,
221996, to June 30, 1997, provide that employee the same rights, benefits and
23compensation provided to a carry-over employee under par. (c) who holds a position
24at the authority with similar duties.
AB11, s. 362 25Section 362. 233.10 (3m) of the statutes is repealed.
AB11, s. 363
1Section 363. 281.75 (4) (b) 3. of the statutes, as affected by 2011 Wisconsin Act
2.... (January 2011 Special Session Senate Bill 6), is amended to read:
AB11,118,43 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 52, 231,
4233, 234, 237, or 238.
AB11, s. 364 5Section 364. 285.59 (1) (b) of the statutes, as affected by 2011 Wisconsin Act
6.... (January 2011 Special Session Senate Bill 6), is amended to read:
AB11,118,167 285.59 (1) (b) "State agency" means any office, department, agency, institution
8of higher education, association, society or other body in state government created
9or authorized to be created by the constitution or any law which is entitled to expend
10moneys appropriated by law, including the legislature and the courts, the Wisconsin
11Housing and Economic Development Authority, the Bradley Center Sports and
12Entertainment Corporation, the University of Wisconsin Hospitals and Clinics
13Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace
14Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic
15Development Corporation, and the Wisconsin Health and Educational Facilities
16Authority.
AB11, s. 365 17Section 365. 704.31 (3) of the statutes is amended to read:
AB11,118,2018 704.31 (3) This section does not apply to a lease to which a local professional
19baseball park district created under subch. III of ch. 229, the Wisconsin Quality
20Home Care Authority,
or the Fox River Navigational System Authority is a party.
AB11, s. 366 21Section 366. 851.71 (4) of the statutes is amended to read:
AB11,119,222 851.71 (4) In counties having a population of 500,000 or more, the appointment
23under subs. (1) and (2) shall be made as provided in those subsections but the judges
24shall not remove the register in probate and deputy registers, except through charges

1for dismissal made and sustained under s. 63.10 or an applicable collective
2bargaining agreement
.
AB11, s. 367 3Section 367. 978.12 (1) (c) of the statutes is amended to read:
AB11,119,124 978.12 (1) (c) Assistant district attorneys. Assistant district attorneys shall be
5employed outside the classified service. For purposes of salary administration, the
6director of the office of state employment relations shall establish one or more
7classifications for assistant district attorneys in accordance with the classification
8or classifications allocated to assistant attorneys general. Except as provided in s.
9111.93 (3) (b), the salaries of assistant district attorneys shall be established and
10adjusted in accordance with the state compensation plan for assistant attorneys
11general whose positions are allocated to the classification or classifications
12established by the director of the office of state employment relations.
AB11, s. 368 13Section 368. 2007 Wisconsin Act 20, section 9201 (1c) (a) is amended to read:
AB11,119,2214[2007 Wisconsin Act 20] Section 9201 (1c) (a) Notwithstanding sections 20.001
15(3) (a) to (c) and 25.40 (3) of the statutes, but subject to paragraph (d), the secretary
16of administration shall lapse to the general fund or transfer to the general fund from
17the unencumbered balances of state operations appropriations to executive branch
18state agencies, other than sum sufficient appropriations and appropriations of
19federal revenues, an amount equal to $200,000,000 during the 2007-09 fiscal
20biennium and $200,000,000 $121,000,000 during the 2009-11 fiscal biennium. This
21paragraph shall not apply to appropriations to the Board of Regents of the University
22of Wisconsin System and to the technical college system board.
AB11, s. 369 23Section 369. 2009 Wisconsin Act 28, section 9222 (1d) is repealed.
AB11, s. 9101 24Section 9101. Nonstatutory provisions; Administration.
AB11,120,5
1(1) Evaluation of staffing needs at the Wisconsin employment relations
2commission.
The department of administration shall evaluate the staffing
3requirements of the Wisconsin employment relations commission and shall submit
4the report of the evaluation to the joint committee on finance under section 13.10 of
5the statutes.
AB11,120,6 6(2) Position increases and decreases.
AB11,120,107 (a) The authorized FTE positions for the department of administration are
8decreased by 1.0 FED position, funded from the appropriation under section 20.505
9(1) (pz) of the statutes, for the purpose for which the appropriation is made. The
10secretary of administration shall identify the position.
AB11,120,1411 (b) The authorized FTE positions for the department of administration are
12decreased by 1.0 PR position, funded from the appropriation under section 20.505 (1)
13(kr) of the statutes, for the purpose for which the appropriation is made. The
14secretary of administration shall identify the position.
AB11,120,1715 (c) The authorized FTE positions for the department of administration are
16increased by 1.0 PR position, funded from the appropriation under section 20.505 (1)
17(ka) of the statutes, to provide for an unclassified division administrator.
AB11,120,2018 (d) The authorized FTE positions for the department of administration are
19increased by 1.0 PR position, funded from the appropriation under section 20.505 (1)
20(kr) of the statutes, to provide for an unclassified division administrator.
AB11,120,2321 (e) The authorized FTE positions for the department of administration are
22increased by 1.0 PR position, funded from the appropriation under section 20.505 (5)
23(ka) of the statutes, to provide for an unclassified division administrator.
AB11, s. 9103 24Section 9103. Nonstatutory provisions; Agriculture, Trade and
Consumer Protection.
AB11,121,1
1(1) Position increases and decreases.
AB11,121,62 (a) The authorized FTE positions for the department of agriculture, trade and
3consumer protection are decreased by 3.0 GPR positions, funded from the
4appropriation under section 20.115 (8) (a) of the statutes, for the purpose for which
5the appropriation is made. The secretary of administration shall identify the
6positions.
AB11,121,107 (b) The authorized FTE positions for the department of agriculture, trade and
8consumer protection are increased by 3.0 GPR positions, funded from the
9appropriation under section 20.115 (8) (a) of the statutes, to provide for additional
10unclassified division administrators.
AB11, s. 9108 11Section 9108. Nonstatutory provisions; Children and Families.
AB11,121,1212 (1) Position increases and decreases.
AB11,121,1613 (a) The authorized FTE positions for the department of children and families
14are decreased by 1.0 PR position, funded from the appropriation under section 20.437
15(3) (k) of the statutes, for the purpose for which the appropriation is made. The
16secretary of administration shall identify the position.
AB11,121,2017 (b) The authorized FTE positions for the department of children and families
18are decreased by 1.85 GPR positions, funded from the appropriation under section
1920.437 (3) (a) of the statutes, for the purpose for which the appropriation is made.
20The secretary of administration shall identify the positions.
AB11,121,2421 (c) The authorized FTE positions for the department of children and families
22are decreased by 0.15 FED position, funded from the appropriation under section
2320.437 (3) (n) of the statutes, for the purpose for which the appropriation is made.
24The secretary of administration shall identify the position.
AB11,122,3
1(d) The authorized FTE positions for the department of children and families
2are increased by 1.0 PR position, funded from the appropriation under section 20.437
3(3) (k) of the statutes, to provide for an unclassified division administrator.
AB11,122,74 (e) The authorized FTE positions for the department of children and families
5are increased by 1.85 GPR positions, funded from the appropriation under section
620.437 (3) (a) of the statutes, to provide for additional unclassified division
7administrators.
AB11,122,108 (f) The authorized FTE positions for the department of children and families
9are increased by 0.15 FED position, funded from the appropriation under section
1020.437 (3) (n) of the statutes, to provide for an unclassified division administrator.
AB11, s. 9111 11Section 9111. Nonstatutory provisions; Corrections.
AB11,122,1212 (1) Position increases and decreases.
AB11,122,1613 (a) The authorized FTE positions for the department of corrections are
14decreased by 3.0 GPR positions, funded from the appropriation under section 20.410
15(1) (a) of the statutes, for the purpose for which the appropriation is made. The
16secretary of administration shall identify the positions.
AB11,122,1917 (b) The authorized FTE positions for the department of corrections are
18increased by 3.0 GPR positions, funded from the appropriation under section 20.410
19(1) (a) of the statutes, to provide for additional unclassified division administrators.
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