SB21: Bill Text

SB21,1413,20 230.37 (1) In cooperation with appointing authorities the director administrator shall establish an employee performance evaluation program to provide a continuing record of employee development and, when applicable, to serve as a basis for pertinent personnel actions. Similar evaluations shall be conducted during the probationary period but may not infringe upon the authority of the appointing authority to retain or dismiss employees during the probationary period.

SB21,3789 Section 3789. 230.40 (6) of the statutes is amended to read:

SB21,1413,22 230.40 (6) The administrator director shall administer this section.

SB21,3790 Section 3790. 230.43 (5) of the statutes is amended to read:

SB21,1414,7 230.43 (5) Taxpayers' suits. The right of any taxpayer to bring any action to restrain the payment of compensation to any person appointed to or holding any office or place of employment in violation of this subchapter shall not be limited or denied by reason of the fact that the office or place of employment has been classified as, or determined to be, not subject to competitive examination; however, any judgment or injunction in any such action shall be prospective only, and shall not affect payments already made or due to such persons by the proper disbursing officers, in accordance with the rules of the director administrator in force at the time of such payments.

SB21,3791 Section 3791. 230.44 (1) (a) of the statutes is amended to read:

SB21,1414,12 230.44 (1) (a) Decision made or delegated by administrator director. Appeal of a personnel decision under this subchapter made by the administrator director or by an appointing authority under authority delegated by the administrator director under s. 230.05 (2).

SB21,3792 Section 3792. 230.44 (1) (b) of the statutes is amended to read:

SB21,1414,17 230.44 (1) (b) Decision made or delegated by director administrator. Appeal of a personnel decision under s. 230.09 (2) (a) or (d) or 230.13 (1) made by the director administrator or by an appointing authority under authority delegated by the director administrator under s. 230.04 (1m).

SB21,3793 Section 3793. 230.44 (1) (dm) of the statutes is amended to read:

SB21,1414,22 230.44 (1) (dm) Noncompetitive appointment of certain disabled veterans. A personnel action under s. 230.275 by an appointing authority that is alleged to be illegal or an abuse of discretion. The administrator director and the office division may not be a party to any such appeal.

SB21,3794 Section 3794. 230.44 (4) (bm) of the statutes is amended to read:

SB21,1415,13 230.44 (4) (bm) Upon request of an employee who files an appeal of the decision of the director administrator made under s. 230.09 (2) (a) or (d), the appeal shall be heard by a commissioner or attorney employed by the commission serving as arbitrator under rules promulgated for this purpose by the commission. In such an arbitration, the arbitrator shall orally render a decision at the conclusion of the hearing affirming, modifying or rejecting the decision of the director administrator. The decision of the arbitrator is final and is not subject to review by the commission. An arbitrator's decision may not be cited as precedent in any other proceeding before the commission or before any court. The arbitrator shall promptly file his or her decision with the commission. The decision of the arbitrator shall stand as the decision of the commission. The decision of the commission is subject to review under ss. 227.53 to 227.57 only on the ground that the decision was procured by corruption, fraud or undue means or that the arbitrator or the commission exceeded the arbitrator's or the commission's power. The record of a proceeding under this paragraph shall be transcribed as provided in s. 227.44 (8).

SB21,3795 Section 3795. 230.46 of the statutes is amended to read:

SB21,1415,24 230.46 Duties of council on affirmative action. The council on affirmative action in the office shall serve in a direct advisory capacity to the director administrator and as part of that relationship shall evaluate the progress of affirmative action programs throughout the civil service system, seek compliance with state and federal regulations and recommend improvements in the state's affirmative action efforts as an employer. In carrying out its responsibilities, the council may recommend legislation, consult with agency personnel and other interested persons, conduct hearings and take other appropriate action to promote affirmative action. The council shall report at least once per year to the governor and the legislature.

SB21,3796 Section 3796. 230.48 (2) of the statutes is amended to read:

SB21,1416,6 230.48 (2) Personnel, facilities and equipment. The office administrator shall appoint, under the classified service, a secretary and such other employees as are necessary to carry out the duties of the state employees suggestion board, and shall provide such facilities and equipment as that board requires for the proper performance of its work. The state employees suggestion board may request and shall receive from any state department any assistance that it requires.

SB21,3797 Section 3797. 230.90 (1) (c) of the statutes is amended to read:

SB21,1416,15 230.90 (1) (c) "Governmental unit" means any association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor and the courts. "Governmental unit" does not mean the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, or any political subdivision of the state or body within one or more political subdivisions which is created by law or by action of one or more political subdivisions.

SB21,3798 Section 3798. 230.90 (2) of the statutes is amended to read:

SB21,1417,2 230.90 (2) An employee may bring an action in circuit court against his or her employer or employer's agent, including this state, if the employer or employer's agent retaliates, by engaging in a disciplinary action, against the employee because the employee exercised his or her rights under the first amendment to the U.S. constitution or article I, section 3, of the Wisconsin constitution by lawfully disclosing information or because the employer or employer's agent believes the employee so exercised his or her rights. The employee shall bring the action within 2 years after the action allegedly occurred or after the employee learned of the action, whichever occurs last. No employee may bring an action against the office division of state employment relations personnel management in the department of administration as an employer's agent.

SB21,3799 Section 3799. 231.02 (2) of the statutes is amended to read:

SB21,1417,19 231.02 (2) The authority shall appoint an executive director and associate executive director who shall not be members of the authority and who shall serve at the pleasure of the authority. They shall receive such compensation as the authority fixes, except that the compensation of the executive director shall not exceed the maximum of the salary range established under s. 20.923 (1) for positions assigned to executive salary group 4 6 and the compensation of each other employee of the authority shall not exceed the maximum of the salary range established under s. 20.923 (1) for positions assigned to executive salary group 3. The executive director or associate executive director or other person designated by resolution of the authority shall keep a record of the proceedings of the authority and shall be custodian of all books, documents, and papers filed with the authority, the minute book or journal of the authority, and its official seal. The executive director or associate executive director or other person may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.

SB21,3800 Section 3800. 231.27 (1) of the statutes is amended to read:

SB21,1417,24 231.27 (1) In this section, "minority business", "minority financial adviser" and "minority investment firm" mean a business, financial adviser and investment firm, respectively, certified by the department of administration under s. 16.287 203.07 (2).

SB21,3801 Section 3801. 231.29 (1) of the statutes is amended to read:

SB21,1418,3 231.29 (1) In this section, "business," "financial adviser," and "investment firm" mean a business, financial adviser, and investment firm certified by the department of administration under s. 16.283 203.03 (3).

SB21,3802 Section 3802. 232.05 (3) of the statutes is amended to read:

SB21,1418,5 232.05 (3) The corporation may not:

SB21,1418,7 (a) Sell, exchange, or otherwise divest itself of the Bradley center to a sports and entertainment district under subch. VI of ch. 229.

SB21,1418,10 (b) Dissolve and wind up its affairs, unless the legislature enacts a law ordering dissolution or except as provided in s. 232.07 upon the sale, exchange, or other divestiture of the Bradley center.

SB21,3803 Section 3803. 233.01 (3) of the statutes is amended to read:

SB21,1418,13 233.01 (3) "Board of regents" means the board of regents of the University of Wisconsin System Authority.

SB21,3804 Section 3804. 233.04 (7) (e) of the statutes is amended to read:

SB21,1418,18 233.04 (7) (e) Any provision necessary to ensure that the general management and operation of the on-campus facilities are consistent with the mission of the University of Wisconsin System and responsibilities of the University of Wisconsin System Authority specified in ss. 36.01 and 36.09 36.11.

SB21,3805 Section 3805. 233.10 (3) (c) 4. of the statutes is amended to read:

SB21,1419,2 233.10 (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 office division of state employment relations personnel management in the department of 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.

SB21,3806 Section 3806. 233.10 (3r) (b) 1. of the statutes is amended to read:

SB21,1419,7 233.10 (3r) (b) 1. Enter into an employment contract for such period with the carry-over employee. For such period, the contract shall provide the carry-over employee with the same procedural guarantees provided to persons having academic staff appointments under s. 36.15, 2013 stats., on June 29, 1996.

SB21,3807 Section 3807. 233.10 (3r) (b) 3. of the statutes is amended to read:

SB21,1419,15 233.10 (3r) (b) 3. Grant to the carry-over employee, except when he or she is on an unpaid leave of absence, a paid holiday on each of the days specified as a holiday in policies and procedures established by the board of regents under s. 36.15 (2), 2013 stats., as of the last day of the employee's employment as a state employee and any holiday compensatory time off that may be specified in policies and procedures established by the board of regents under s. 36.15 (2), 2013 stats., as of the last day of the employee's employment in the academic staff appointment.

SB21,3808 Section 3808. 233.10 (3r) (b) 5. of the statutes is amended to read:

SB21,1419,20 233.10 (3r) (b) 5. Grant to the carry-over employee military leave, treatment of military leave, jury service leave and voting leave in accordance with policies and procedures established by the board of regents under s. 36.15 (2), 2013 stats., and, as of the last day of the employee's employment in the academic staff appointment.

SB21,3809 Section 3809. 233.10 (3r) (b) 6. of the statutes is amended to read:

SB21,1419,25 233.10 (3r) (b) 6. Grant to the carry-over employee the same opportunity for any employee training that may be provided under policies and procedures established by the board of regents under s. 36.15 (2), 2013 stats., as of the last day of his or her employment in the academic staff appointment.

SB21,3810 Section 3810. 233.10 (4) of the statutes is amended to read:

SB21,1420,8 233.10 (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 office division of state employment relations personnel management in the department of administration governing transfers as a person who holds a position in the classified service.

SB21,3811 Section 3811. Chapter 234 (title) of the statutes is repealed.

SB21,3812 Section 3812. Subchapter I (title) of chapter 234 [precedes 234.01] of the statutes is renumbered subchapter IV (title) of chapter 235 [precedes 235.40] and amended to read:

SB21,1420,13 CHAPTER 235

SB21,1420,14 SUBCHAPTER IV

SB21,1420,16 GENERAL PROVISIONS; HOUSING AND ECONOMIC DEVELOPMENT PROGRAMS

SB21,3813 Section 3813. 234.01 (intro.) of the statutes is renumbered 235.40 (intro.) and amended to read:

SB21,1420,19 235.40 Definitions. (intro.) In this chapter subchapter:

SB21,3814 Section 3814. 234.01 (1) of the statutes is repealed.

SB21,3815 Section 3815. 234.01 (2) of the statutes is repealed.

SB21,3816 Section 3816. 234.01 (3) of the statutes is repealed.

SB21,3817 Section 3817. 234.01 (3m) of the statutes is renumbered 235.40 (3m) and amended to read:

SB21,1421,3 235.40 (3m) "Collateral" means a 3rd-party note, mortgage, guaranty, insurance policy, bond, letter of credit, security agreement, or other instrument securing the repayment of an economic development loan or a mortgage loan.

SB21,3818 Section 3818. 234.01 (4) of the statutes is renumbered 235.40 (4).

SB21,3819 Section 3819. 234.01 (4m) of the statutes is repealed.

SB21,3820 Section 3820. 234.01 (4n) of the statutes is repealed.

SB21,3821 Section 3821. 234.01 (5) of the statutes is renumbered 235.40 (5).

SB21,3822 Section 3822. 234.01 (5k) of the statutes is renumbered 235.40 (5k).

SB21,3823 Section 3823. 234.01 (5m) of the statutes is renumbered 235.40 (5m) and amended to read:

SB21,1421,12 235.40 (5m) "Homeownership mortgage loan" has the meaning given under s. 234.59 235.59 (1) (f).

SB21,3824 Section 3824. 234.01 (6) of the statutes is renumbered 235.40 (6), and 235.40 (6) (a) and (b), as renumbered, are amended to read:

SB21,1421,18 235.40 (6) (a) If the corporation receives any loan or advance from the authority under this chapter subchapter, it may enter into an agreement with the authority providing for regulation with respect to rents, profits, dividends , and disposition of property or franchises; and.

SB21,1422,3 (b) If the corporation receives a loan or advance under this chapter subchapter, the chairperson of the board of the authority, or his or her designee, acting with the prior approval of the majority of the members of the authority board, may, if he or she determines that any such loan or advance is in jeopardy of not being repaid, that the proposed development for which such loan or advance was made is in jeopardy of not being constructed, or that the corporation is not carrying out the intent and purposes of this chapter subchapter, appoint to the board of directors of such corporation a number of new directors, which number shall be sufficient to constitute a majority of such that board of directors, notwithstanding any other provision of such articles of incorporation or of any other provision of law.

SB21,3825 Section 3825. 234.01 (7) of the statutes is renumbered 235.40 (7).

SB21,3826 Section 3826. 234.01 (7m) of the statutes is renumbered 235.40 (7m) and amended to read:

SB21,1422,8 235.40 (7m) "Housing rehabilitation loan" means a low interest housing rehabilitation loan as defined in s. 234.49 235.49 (1) (f) and (fm).

SB21,3827 Section 3827. 234.01 (8) of the statutes is renumbered 235.40 (8), and 235.40 (8) (a) and (b), as renumbered, are amended to read:

SB21,1422,14 235.40 (8) (a) As a condition of acceptance of a loan or advance under this chapter subchapter, the limited-profit entity shall enter into an agreement with the authority providing for limitations of rents, profits, dividends, and disposition of property or franchises; and.

SB21,1423,2 (b) If the limited-profit entity receives a loan or advance under this chapter subchapter, the chairperson of the board of directors of the authority, or his or her designee, acting with the prior approval of the majority of members of the authority board, may, if he or she determines that any such loan or advance is in jeopardy of not being repaid, that the proposed development for which such loan or advance was made is in jeopardy of not being constructed, or that the limited-profit entity is otherwise not carrying out the intent and purposes of this chapter subchapter, appoint to the board of directors or other comparable controlling body of such limited-profit entity a number of new directors or persons, which number shall be sufficient to constitute a voting majority of such board or controlling body, notwithstanding any other provisions of the limited-profit entity's articles of incorporation or other documents of organization, or of any other provisions of law.

SB21,3828 Section 3828. 234.01 (9) of the statutes is renumbered 235.40 (9), and 235.40 (9) (a) 5., as renumbered, is amended to read:

SB21,1423,19 235.40 (9) (a) 5. That if the corporation receives a loan or advance under this chapter subchapter, the chairperson of the board of directors of the authority, or his or her designee, acting with the prior approval of the majority of the members of the authority board, may, on determination that any such loan or advance is in jeopardy of not being repaid, that the proposed development for which such loan or advance was made is in jeopardy of not being constructed, that some part of the net income or net earnings of the corporation is inuring to the benefit of any private person, that the corporation is in some manner controlled or under the direction of or acting in the substantial interest of any private person seeking to derive benefit or gain therefrom or seeking to eliminate or minimize losses in any dealings or transactions therewith, or that the corporation is not carrying out the intent and purposes of this chapter subchapter, appoint to the board of directors of such corporation a number of new directors, which number shall be sufficient to constitute a majority of such board, notwithstanding any other provisions of such articles of incorporation or of any other provisions of law.

SB21,3829 Section 3829. 234.01 (10) of the statutes is renumbered 235.40 (10) and amended to read:

SB21,1424,8 235.40 (10) "Persons and families of low and moderate income" means persons and families who cannot afford to pay the amounts at which private enterprise, without federally-aided federally aided mortgages or loans from the authority, can provide a substantial supply of decent, safe and sanitary housing and who fall within income limitations set by the authority in its rules policies and procedures. In determining such income limitations the authority shall consider the amounts of the total income of such persons available for housing needs, the size of the family, the cost and condition of available housing facilities, standards established for various federal programs, and any other factors determined by the authority to be appropriate in arriving at such limitations. Among low- or moderate-income persons and families, preference shall be given to those displaced by governmental action.

SB21,3830 Section 3830. 234.02 of the statutes is repealed.

SB21,3831 Section 3831. 234.03 of the statutes is repealed.

SB21,3832 Section 3832. 234.032 of the statutes is repealed.

SB21,3833 Section 3833. 234.034 of the statutes is renumbered 235.401.

SB21,3834 Section 3834. 234.04 of the statutes is renumbered 235.402, and 235.402 (2), as renumbered, is amended to read:

SB21,1425,5 235.402 (2) The authority may make or participate in the making and enter into commitments for the making of long-term mortgage loans to eligible sponsors of housing projects for occupancy by persons and families of low and moderate income, or for the making of homeownership mortgage loans or housing rehabilitation loans or loans for the refinancing of qualified subprime loans under s. 234.592   235.592 to persons and families of low and moderate income, an applicant under s. 234.59 or 234.592 235.59 to 235.592, or other eligible beneficiaries as defined in s. 234.49 235.49. The loans may be made only upon the determination by the authority that they are not otherwise available from private lenders upon reasonably equivalent terms and conditions. The authority may not make a loan to a person whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the authority a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a). The authority may employ, for such compensation as it determines, the services of any financial institution in connection with any loan.

SB21,3835 Section 3835. 234.05 of the statutes is renumbered 235.403.

SB21,3836 Section 3836. 234.06 of the statutes is renumbered 235.404.

SB21,3837 Section 3837. 234.07 of the statutes is renumbered 235.405, and 235.405 (1), as renumbered, is amended to read:

SB21,1426,8 235.405 (1) Except as provided in sub. (2), a limited-profit entity which that receives loans from the authority may not make distributions, other than from funds contributed to the limited-profit entity by stockholders, partners, members, or holders of beneficial interest in the limited-profit entity, in any one year with respect to a project financed by the authority in excess of 6% of its equity in such project on a cumulative basis. The equity in a project shall consist of the difference between the amount of the mortgage loan and the total project cost. Total project cost shall include construction or rehabilitation costs including job overhead and a builder's and sponsor's profit and risk fee, architectural, engineering, legal , and accounting costs, organizational expenses, land value, interest, and financing charges paid during construction, the cost of landscaping and off-site improvements, whether or not such costs have been paid in cash or in a form other than cash. With respect to every project the authority shall, pursuant to rules policies and procedures adopted by it, establish the entity's equity at the time of making of the final mortgage advance and, for purposes of this section, that figure shall remain constant during the life of the authority's loan with respect to such project. Upon the dissolution of the limited-profit entity any surplus in excess of the distributions allowed by this section shall be paid to the authority. For this purpose surplus shall not be deemed to include any increase in net worth of any limited-profit entity by reason of a reduction of mortgage indebtedness, by amortization or similar payments or by reason of the sale or disposition of any assets of a limited-profit entity to the extent such surplus can be attributed to any increase in market value of any real or tangible personal property accruing during the period the assets were owned and held by the limited-profit entity.