SB21: Bill Text

SB21,1365,5 (d) Enter into contracts, subject to such standards as may be established by the district board. The district board may award any such contract for any combination or division of work it designates and may consider any factors in awarding a contract, including price, time for completion of work, and qualifications and past performance of a contractor.

SB21,1365,6 (e) Sell or otherwise dispose of unneeded or unwanted property.

SB21,1365,10 (5) Employ personnel, and fix and regulate their compensation; and provide, either directly or subject to an agreement under s. 66.0301 as a participant in a benefit plan of another governmental entity, any employee benefits, including an employee pension plan.

SB21,1365,13 (6) Purchase insurance, establish and administer a plan of self-insurance or, subject to an agreement with another governmental entity under s. 66.0301, participate in a governmental plan of insurance or self-insurance.

SB21,1365,14 (7) Mortgage, pledge, or otherwise encumber the district's property or funds.

SB21,1365,16 (8) Maintain funds and invest the funds in any investment that the district board considers appropriate.

SB21,1365,18 (9) Promote, advertise, and publicize its sports and entertainment facilities and related activities.

SB21,1365,21 (10) Set standards governing the use of, and the conduct within, its sports and entertainment facilities in order to promote public safety and convenience and to maintain order.

SB21,1365,22 (11) Accept gifts, loans, and other aid.

SB21,1365,23 (12) Adopt and alter an official seal.

SB21,3618 Section 3618. 229.862 of the statutes is created to read:

SB21,1366,4 229.862 Special fund revenues. (1) The district board shall maintain a special fund into which it deposits all funds received under s. 16.527 (3) (d). Moneys in the special fund may be expended only for the construction of sports and entertainment facilities, including the acquisition or lease of property.

SB21,1366,7 (2) The district may not deposit any other moneys into the special fund, except that the district shall credit all earnings on the revenues in the special fund to the special fund.

SB21,1366,9 (3) No money in the special fund may be expended for the purpose of operating or maintaining sports and entertainment facilities or a basketball arena.

SB21,3619 Section 3619. 229.863 of the statutes is created to read:

SB21,1366,12 229.863 Powers granted to local units. (1) In addition to any powers that it may otherwise have, a local unit may do any of the following:

SB21,1366,14 (1) Make grants or loans to a district upon terms that the local unit considers appropriate.

SB21,1366,15 (2) Expend public funds to subsidize a district.

SB21,1366,17 (3) Borrow money under ch. 24 and ss. 66.0621, 67.04, and 67.12 (12) for sports and entertainment facilities or to fund grants, loans, or subsidies to a district.

SB21,1366,19 (4) Lease or transfer property to a district upon terms that the local unit considers appropriate.

SB21,3620 Section 3620. 229.864 of the statutes is created to read:

SB21,1366,23 229.864 Dissolution of a district, lease obligations. (1) A district may not dissolve and wind up its affairs unless obligations issued under s. 16.527 (3) (d) have been retired.

SB21,1367,3 (2) If the district board enters into a lease with a professional basketball team described in s. 229.860 for the use of sports and entertainment facilities, the lease shall include a provision that states that if the team breaks or otherwise fails to fulfill its obligations under the lease, the professional basketball team shall pay the state an amount sufficient to retire the obligations issued under s. 16.527 (3) (d).

SB21,3621 Section 3621. 229.865 of the statutes is created to read:

SB21,1367,10 229.865 Trust funds. All moneys received under this subchapter, whether from the state, from a local unit, or from any other source, are trust funds to be held and applied solely as provided in this subchapter. Any officer with whom, or any bank or trust company with which, those moneys are deposited shall act as trustee of those moneys and shall hold and apply the moneys for the purposes of this subchapter.

SB21,3622 Section 3622. 229.866 of the statutes is created to read:

SB21,1367,18 229.866 Budgets; rates and charges; audit. A district shall adopt a calendar year as its fiscal year for accounting purposes. The district board shall annually prepare a budget for the district. Rates and other charges received by the district shall be used for the general expenses and capital expenditures of the district. A district shall maintain an accounting system in accordance with generally accepted accounting principles and shall have its financial statements audited annually by an independent certified public accountant.

SB21,3623 Section 3623. 230.02 of the statutes is amended to read:

SB21,1367,22 230.02 Liberal construction of statutes. Statutes applicable to the office division and bureau shall be construed liberally in aid of the purposes declared in s. 230.01.

SB21,3624 Section 3624. 230.03 (3) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB21,1368,10 230.03 (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 the Board of Regents of the University of Wisconsin System, a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or under ch. 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.

SB21,3625 Section 3625 . 230.03 (3) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1368,22 230.03 (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 the Board of Regents of the University of Wisconsin System, a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or under ch. 36, 231, 232, 233, 235, 237, 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.

SB21,3626 Section 3626. 230.03 (5) of the statutes is created to read:

SB21,1368,25 230.03 (5) "Bureau" means the bureau of merit recruitment and selection in the division.

SB21,3627 Section 3627. 230.03 (6) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB21,1369,5 230.03 (6) "Civil service" means all offices and positions of trust or employment in the service of the state, except offices and positions in the organized militia and the Board of Regents of the University of Wisconsin System.

SB21,3628 Section 3628. 230.03 (9e) of the statutes is amended to read:

SB21,1369,7 230.03 (9e) "Director" means the director of the office bureau.

SB21,3629 Section 3629. 230.03 (10) of the statutes is amended to read:

SB21,1369,10 230.03 (10) "Division" means the division of merit recruitment and selection in the office personnel management in the department of administration.

SB21,3630 Section 3630. 230.03 (10w) of the statutes is repealed.

SB21,3631 Section 3631. 230.04 (title) of the statutes is amended to read:

SB21,1369,13 230.04 (title) Powers and duties of the director administrator.

SB21,3632 Section 3632. 230.04 (1) of the statutes is amended to read:

SB21,1369,18 230.04 (1) The director administrator 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 director or appointing authorities, are reserved to the director.

SB21,3633 Section 3633. 230.04 (1m) of the statutes is amended to read:

SB21,1370,10 230.04 (1m) The director administrator may delegate, in writing, any of his or her functions set forth in this chapter to an appointing authority, within prescribed standards if the director 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 director administrator determines that any agency is not performing such delegated function within prescribed standards, the director administrator shall forthwith withdraw such delegated function. Subject to the approval of the joint committee on finance, the director administrator may order transferred to the office 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 office division 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 commission under s. 230.44 (1) (b). The director administrator shall be a party in such an appeal.

SB21,3634 Section 3634. 230.04 (2) of the statutes is amended to read:

SB21,1370,15 230.04 (2) The director administrator may utilize the services of technical or specialized personnel to assist in implementing and maintaining a sound personnel management program. These services may be obtained from persons inside or outside of state service.

SB21,3635 Section 3635. 230.04 (3) of the statutes is amended to read:

SB21,1370,21 230.04 (3) The director administrator may issue enforceable orders on all matters relating to the administration, enforcement and effect of this chapter and the rules prescribed thereunder except on matters relating to the provisions of subch. III or to those provisions of subch. II for which responsibility is specifically charged to the administrator director.

SB21,3636 Section 3636. 230.04 (4) of the statutes is amended to read:

SB21,1370,24 230.04 (4) The director administrator shall establish and maintain a collective bargaining capability under s. 111.815 (2).

SB21,3637 Section 3637. 230.04 (5) of the statutes is amended to read:

SB21,1371,5 230.04 (5) The director administrator shall promulgate rules on all matters relating to the administration of the office division and the performance of the duties assigned to the director administrator, except on matters relating to those provisions of subch. II for which responsibility is specifically charged to the administrator director.

SB21,3638 Section 3638. 230.04 (8) of the statutes is amended to read:

SB21,1371,8 230.04 (8) The director administrator shall establish an employee performance evaluation program under s. 230.37 (1).

SB21,3639 Section 3639. 230.04 (9) (intro.) of the statutes is amended to read:

SB21,1371,10 230.04 (9) (intro.) The director administrator shall do all of the following:

SB21,3640 Section 3640. 230.04 (9) (f) of the statutes is amended to read:

SB21,1371,16 230.04 (9) (f) Establish an affirmative action subunit. The affirmative action subunit shall advise and assist the director, the administrator, and agency heads on establishing policies and programs to ensure appropriate affirmative action. The subunit shall advise and assist the director administrator in monitoring such programs and shall provide staff to the council on affirmative action.

SB21,3641 Section 3641. 230.04 (9m) of the statutes is amended to read:

SB21,1371,20 230.04 (9m) The director administrator shall conduct periodic reviews and evaluations of the written records of hiring decisions made by appointing authorities under ss. 230.21 (1m), 230.25 (1p) and 230.27 (2k).

SB21,3642 Section 3642. 230.04 (9r) (b) (intro.) of the statutes is amended to read:

SB21,1371,23 230.04 (9r) (b) (intro.) The director administrator shall keep a record of all of the following:

SB21,3643 Section 3643. 230.04 (10) of the statutes is amended to read:

SB21,1372,4 230.04 (10) (a) The director administrator may require all agencies and their officers to comply with the director's administrator's request to furnish current information pertaining to authorized positions, payroll and related items regarding civil service and employment relations functions.

SB21,1372,10 (b) The director administrator shall request from each agency and each agency shall furnish to the director administrator relevant racial, ethnic, gender and disability information on every new employee hired by the agency including limited term, project, seasonal and sessional employees. The director administrator shall maintain the data to permit a periodic review of the agency's affirmative action plan accomplishments.

SB21,1372,16 (c) The director administrator shall request from each agency and each agency shall furnish to the director administrator relevant information regarding the prior military service, if any, of every new employee hired by the agency including limited term, project, seasonal and sessional employees. The director administrator shall maintain the data to permit a periodic review of the progress being made to provide employment opportunities in civil service for veterans and disabled veterans.

SB21,3644 Section 3644. 230.04 (11) of the statutes is amended to read:

SB21,1372,19 230.04 (11) The director administrator may provide by rule for an understudy program to assure continuity in selected positions.

SB21,3645 Section 3645. 230.04 (12) of the statutes is amended to read:

SB21,1372,23 230.04 (12) The director administrator shall keep in the office division an official roster of all permanent classified employees which shall include classification titles, pay and employment status changes and appropriate dates thereof.

SB21,3646 Section 3646. 230.04 (13) (intro.) of the statutes is amended to read:

SB21,1372,25 230.04 (13) (intro.) The director administrator shall do all of the following:

SB21,3647 Section 3647. 230.04 (14) of the statutes is amended to read:

SB21,1373,4 230.04 (14) The director administrator shall establish, by rule, the scope and minimum requirements of a state employee grievance procedure relating to conditions of employment.

SB21,3648 Section 3648. 230.04 (15) of the statutes is amended to read:

SB21,1373,9 230.04 (15) The director administrator shall review and either approve or disapprove each determination by an agency head regarding the classification of a state employee as a protective occupation participant for purposes of the Wisconsin retirement system.

SB21,3649 Section 3649. 230.04 (16) of the statutes is repealed.

SB21,3650 Section 3650. 230.04 (17) of the statutes is amended to read:

SB21,1373,13 230.04 (17) The director administrator shall resolve any dispute raised by a complaint filed under s. 321.64 (1) (c).

SB21,3651 Section 3651. 230.04 (18) of the statutes is amended to read:

SB21,1373,20 230.04 (18) The director administrator may provide any services and materials to agencies and may charge the agencies for providing the services and materials. The director administrator shall establish a methodology for determining the costs of services and materials charged to state agencies under this subsection. All moneys received from the charges shall be deposited in the appropriation account under s. 20.545 (1) (k) 20.505 (1) (kz).

SB21,3652 Section 3652. 230.046 (5) (c) of the statutes is amended to read:

SB21,1373,25 230.046 (5) (c) An agreement has been entered into by the trainee and the appointing authority relative to employment with the state, together with such other terms and conditions as may be necessary under the rules of the director administrator whenever on-the-job trainees are employed; and

SB21,3653 Section 3653. 230.046 (7) of the statutes is amended to read: