20.923(4)(g)
(g) Positions assigned to executive salary group 7:
Effective date note
NOTE: Subd. 1g. is created eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA.
20.923(4)(h)
(h) Positions assigned to executive salary group 8:
20.923(4)(i)
(i) Positions assigned to executive salary group 9:
20.923(4)(i)1.
1. Health and family services, department of: secretary.
20.923(4)(j)
(j) Positions assigned to executive salary group 10:
20.923(4)(j)2.
2. University of Wisconsin system; Madison campus: chancellor.
20.923(4)(j)3.
3. University of Wisconsin system; Milwaukee campus: chancellor.
20.923(4m)
(4m) University of Wisconsin system executive positions. The board of regents of the university of Wisconsin system shall set the salaries of the president of the university of Wisconsin system at a point no higher than 15% above the maximum dollar value of the salary range for executive salary group 10, based on the competitive market for comparable positions at comparable institutions of higher education. The board shall set the salaries of the vice presidents, the chancellors of the university of Wisconsin system campuses at Eau Claire, Green Bay, La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superior and Whitewater, the chancellors of the university of Wisconsin-center system and the university of Wisconsin-extension, the vice chancellor for health sciences of the university of Wisconsin-Madison and the vice chancellor who is serving as a deputy at each university of Wisconsin campus and the university of Wisconsin-center system and the university of Wisconsin-extension to reflect the hierarchical structure of the system, to recognize merit, to permit orderly salary progression and to recognize competitive factors. No salary for a position other than president may be set at a point lower than the minimum dollar value of the salary range for executive salary group 7 nor at a point equal to or higher than the maximum dollar value of the salary range for executive salary group 10.
20.923(5)
(5) Other University of Wisconsin system administrative positions. The board of regents of the university of Wisconsin system shall assign the positions of associate and assistant vice presidents, vice chancellors not identified in
sub. (4m), assistant chancellors, associate and assistant vice chancellors and administrative directors and associate directors of physical plant, general operations and services and auxiliary enterprises activities or their equivalent, of each university of Wisconsin system campus, the university of Wisconsin-center system, the university of Wisconsin-extension and the university of Wisconsin system administration to salary ranges. The salary for each such position is limited only by the maximum dollar value of the salary range to which the position is assigned. No position specified in this subsection may be assigned to a salary range having a maximum dollar value higher than the maximum dollar value of the salary range for executive salary group 6. The board of regents shall annually review the assignment of the positions specified in this subsection and report any changes therein to the governor and the chief clerk of each house of the legislature for distribution to the appropriate standing committees under
s. 13.172 (3).
20.923(6)
(6) Salaries set by appointing authorities. Salaries for the following positions may be set by the appointing authority, subject to restrictions otherwise set forth in the statutes and the compensation plan under
s. 230.12, except where the salaries are a subject of bargaining with a certified representative of a collective bargaining unit under
s. 111.91:
20.923(6)(ac)
(ac) Administration, department of: deputy and assistant district attorneys.
20.923(6)(ah)
(ah) Administration, department of; federal-state relations office: director and staff assistant.
20.923(6)(am)
(am) Each elective executive officer: a stenographer.
20.923(6)(as)
(as) Each elective executive officer other than the attorney general and superintendent of public instruction: a deputy or assistant.
20.923(6)(b)
(b) Educational communications board: unclassified professional staff.
20.923(6)(bm)
(bm) Investment board: all positions except blue collar and clerical positions.
20.923(6)(c)
(c) Organized militia: offices and positions, except as provided in
sub. (8).
20.923(6)(d)
(d) Judicial council: technical and clerical help.
20.923(6)(dm)
(dm) Justice, department of: director of research and information.
20.923(6)(e)
(e) Law library, state: assistant librarian, clerical and expert assistants.
20.923(6)(em)
(em) Legislative audit bureau: legislative auditors, assistants and clerical employes.
20.923(6)(f)
(f) Legislative council staff: clerical and expert assistants.
20.923(6)(g)
(g) Legislative fiscal bureau: assistants, analysts and clerical employes.
20.923(6)(h)
(h) Legislature: policy research personnel, assistants to legislators, research staff assigned to legislative committees and party caucuses and other persons employed under
s. 13.20.
20.923(6)(hh)
(hh) Lower Wisconsin state riverway board: staff employes.
20.923(6)(i)
(i) Supreme court: assistants, clerks and employes.
20.923(6)(L)
(L) Tourism, department of; Kickapoo reserve management board: executive secretary and staff.
20.923(6)(m)
(m) University of Wisconsin system: deans, principals, professors, instructors, research assistants, librarians and other teachers, as defined in
s. 40.02 (55).
20.923(6)(n)
(n) Veterans affairs, department of: superintendent of Wisconsin veterans museum.
20.923(6)(o)
(o) Wisconsin sesquicentennial commission; staff.
20.923(8)
(8) Deputies. Salaries for deputies appointed pursuant to
ss. 13.94 (3) (b),
15.04 (2) and
551.51 (1) shall be set by the appointing authority. The salary shall not exceed the maximum of the salary range one range below the salary range of the executive salary group to which the department or agency head is assigned. The positions of assistant secretary of state, assistant state treasurer and associate director of the historical society shall be treated as unclassified deputies for pay purposes under this subsection.
20.923(9)
(9) Executive assistants. Salaries for executive assistants appointed under
ss. 15.05 (3) and
15.06 (4m) shall be set by the appointing authority. The salary may not exceed the maximum of the salary range 2 ranges below the salary range of the executive salary group to which the department or agency head is assigned. The position of administrative assistant to the lieutenant governor shall be treated as are executive assistants for pay purposes under this subsection.
20.923(10)
(10) Office of the governor staff. The salary for key professional staff of the office of the governor identified as office of the governor assistants, other than the executive secretary, shall not exceed the maximum of the salary range for executive salary group 3.
20.923(12)
(12) Other department of regulation and licensing positions. The salaries for division administrators and bureau directors appointed under
s. 440.04 (6) shall not exceed the maximum of the salary range for executive salary group 1.
20.923(14)
(14) Salary administration. Except as provided in
s. 36.09 (1) (j), any adjustment of salary for any incumbent in a position specified in
subs. (4),
(4m),
(8),
(9) and
(12) is governed by the provisions of the compensation plan concerning executive salary groups as adopted by the joint committee on employment relations under
s. 230.12 (3) (b).
20.923(15)(a)(a) An incumbent of a position that has been assigned to an executive salary group of the compensation plan under this section, whose current salary exceeds the maximum of the salary range to which his or her position's group is assigned, shall remain at his or her current rate of pay while he or she remains employed in that position until the maximum of the salary range to which his or her executive salary group is assigned equals or exceeds his or her current rate of pay.
20.923(15)(b)
(b) Except for the positions identified in
subs. (4) (j) and
(4m), the pay of any incumbent whose salary is subject to a limitation under this section may not equal or exceed that amount paid the governor. The pay of any incumbent in the position of president of the university of Wisconsin system, chancellor of the university of Wisconsin-Madison or chancellor of the university of Wisconsin-Milwaukee may not exceed the maximum dollar value of the salary range for the group to which the incumbent's position is assigned.
20.923(16)
(16) Overtime and compensatory time exclusion. The salary paid to any person whose position is included under
subs. (2),
(4),
(4m),
(5) and
(8) to
(12) is deemed to compensate that person for all work hours. No overtime compensation may be paid, and no compensatory time under
s. 103.025 may be provided, to any such person for hours worked in any workweek in excess of the standard basis of employment as specified in
s. 230.35 (5) (a).
20.923(17)
(17) Psychiatric residents. The salaries of psychiatric residents employed in an educational training program by the department of health and family services shall be established by the appointing authority. The maximum salary payable to any such employe may not exceed 75% of the minimum salary payable to psychiatrists in the classified service, as specified in the compensation plan adopted under
s. 230.12.
20.923(18)
(18) Prison industries sales positions. 20.923(18)(a)(a) The department, as defined in
s. 230.03 (9), shall determine what positions in the classified service are comparable positions to the unclassified positions of 3 sales representatives of prison industries and one sales manager of prison industries who are appointed under
s. 303.01 (10). For each such unclassified position, the department, as defined in
s. 230.03 (9), shall determine the minimum salary for each comparable position in the classified service and shall set an amount equal to that minimum salary as the salary for that unclassified position.
20.923(18)(b)
(b) In addition to the salary set under
par. (a), each sales representative of prison industries and each sales manager of prison industries who is appointed in the unclassified service under
s. 303.01 (10) shall be eligible to earn commission compensation in an amount established by the appointing authority as defined in
s. 230.03 (4). That appointing authority shall establish the amount of commission compensation based on invoiced sales and new customers.
20.923 History
History: 1971 c. 18,
125,
164;
1971 c. 270 ss.
98,
104;
1971 c. 307,
321;
1973 c. 90,
156,
243,
333;
1975 c. 28;
1975 c. 39 ss.
236c to
247,
735 (5); 1975 Ex. Order No. 24;
1975 c. 189,
199,
224,
422;
1977 c. 29 ss.
399g to
406d,
1649,
1650m,
1654 (8) (e),
1656 (43);
1977 c. 44;
1977 c. 187 ss.
29,
30,
31,
135;
1977 c. 196 ss.
74 to
76m,
131;
1977 c. 203,
272,
277,
418,
447,
449; Sup. Ct. Order, 88 W (2d) xiii (1979);
1979 c. 32 s.
92 (1);
1979 c. 34,
89,
189;
1979 c. 221 ss.
201m to
218,
2202 (13);
1979 c. 361;
1981 c. 20 ss.
587 to
592g,
2202 (33) (b), (c), (56) (a);
1981 c. 96 ss.
16,
67;
1981 c. 121,
127,
347,
353;
1981 c. 390 s.
252;
1983 a. 27,
46,
121,
192,
371,
378;
1985 a. 18,
23;
1985 a. 29 ss.
603 to
607,
3202 (22) (a);
1985 a. 34,
332;
1987 a. 6,
27,
82,
119,
306,
340,
354,
399,
403;
1989 a. 31,
56,
107,
208,
219,
336;
1991 a. 39,
269;
1993 a. 12,
16,
75,
123,
144,
184,
294,
349,
399,
490;
1995 a. 27 ss.
1193 to
1217m,
9130 (4),
9216 (19);
1995 a. 37,
216,
225.
20.924
20.924
Building program execution. 20.924(1)
(1) In supervising and authorizing the implementation of the state building program under the appropriation authority of
s. 20.867, the building commission:
20.924(1)(a)
(a) Shall authorize the design and construction of any building, structure or facility costing in excess of $250,000 regardless of funding source, only if that project is enumerated in the authorized state building program.
20.924(1)(b)
(b) Shall authorize the acquisition of land, or the repair, remodeling or improvement to any existing building, structure or facility costing in excess of $250,000, regardless of funding source, only if that project is enumerated in the authorized state building program.
20.924(1)(d)
(d) Shall exercise considered judgment in supervising the implementation of the state building program, and may authorize limited changes in the project program, and in the project budget if the commission determines that unanticipated program conditions or bidding conditions require the change to effectively and economically construct the project. However, total state funds for major projects under the authorized state building program for each agency shall not be exceeded.
20.924(1)(e)
(e) May authorize the application of federal grants or private gift funds or other moneys in addition to or in lieu of the projects and project funds enumerated in the authorized state building program.
20.924(1)(em)
(em) May substitute any available source of funding in whole or in part for borrowing authority under
s. 20.866 (2) (s) to
(zm) and
(zz) that is authorized to be used to fund a project enumerated under the authorized state building program.
20.924(1)(f)
(f) May authorize advance planning or architectural design of future high priority projects.
20.924(1)(g)
(g) Shall not authorize a project enumerated in the authorized state building program if the commission determines that the need for the project has changed, making it superfluous.
20.924(4)
(4) In addition to the authorized building program for the historical society, the society may expend any funds which are made available from the appropriations under
s. 20.245 (1) (g),
(h) and
(m),
(2) (a) to
(bi),
(g),
(h) and
(m),
(3) (g),
(h),
(m) and
(n),
(4) (g),
(h) and
(m) and
(5) (a),
(g),
(h) and
(m).
20.924(5)
(5) The building commission may utilize any funds at its disposal to supplement the otherwise authorized building program for any agency.
20.924 Annotation
See note to art. VIII, sec. 2, citing 61 Atty. Gen. 298.
20.925
20.925
Salary of temporary successors. Whenever a temporary vacancy has been found to exist under
s. 17.025 and the certificate of temporary incapacity filed in the office of the secretary of state remains in effect, the affected incumbent shall continue to be entitled to receive the incumbent's full salary, and employer-paid fringe benefits, during the period of the temporary vacancy but not beyond the expiration of the incumbent's term. The person selected or qualified under
s. 17.025 (4) to replace the incumbent during the temporary vacancy shall be reimbursed for the actual and necessary expenses incurred in the performance of duties as temporary successor and shall as compensation for those services be entitled to receive a sum equal to the amount of salary the disabled incumbent receives during the temporary vacancy, but if the person serving as temporary successor is already a salaried officer or employe of this state, the amount payable to the temporary successor, in addition to the temporary successor's regular salary, shall be the difference between the temporary successor's regular salary and the salary of the incumbent in the position in which the temporary vacancy exists. Nothing in this section shall authorize a reduction in the salary of a state officer or employe appointed to fill a temporary vacancy.
20.925 History
History: 1991 a. 316.
20.927
20.927
Subsidy of abortions prohibited. 20.927(1)
(1) Except as provided under
subs. (2) and
(3), no funds of this state or of any county, city, village or town or of any subdivision or agency of this state or of any county, city, village or town and no federal funds passing through the state treasury shall be authorized for or paid to a physician or surgeon or a hospital, clinic or other medical facility for the performance of an abortion.
20.927(2)(a)(a) This section does not apply to the performance by a physician of an abortion which is directly and medically necessary to save the life of the woman or in a case of sexual assault or incest, provided that prior thereto the physician signs a certification which so states, and provided that, in the case of sexual assault or incest the crime has been reported to the law enforcement authorities. The certification shall be affixed to the claim form or invoice when submitted to any agency or fiscal intermediary of the state for payment, and shall specify and attest to the direct medical necessity of such abortion upon the best clinical judgment of the physician or attest to his or her belief that sexual assault or incest has occurred.
20.927(2)(b)
(b) This section does not apply to the performance by a physician of an abortion if, due to a medical condition existing prior to the abortion, the physician determines that the abortion is directly and medically necessary to prevent grave, long-lasting physical health damage to the woman, provided that prior thereto the physician signs a certification which so states. The certification shall be affixed to the claim form or invoice when submitted to any agency or fiscal intermediary of the state for payment, and shall specify and attest to the direct medical necessity of such abortion upon the best clinical judgment of the physician.
20.927(3)
(3) This section does not apply to the authorization or payment of funds to a physician or surgeon or a hospital, clinic or medical facility for or in connection with the prescription of a drug or the insertion of a device to prevent the implantation of the fertilized ovum.
20.927(4)
(4) In this section, "abortion" means the intentional destruction of the life of an unborn child, and "unborn child" means a human being from the time of conception until it is born alive.
20.927 History
History: 1977 c. 245.
20.927 Annotation
This section's restrictions on state funds does not apply to Public Employe Trust Fund monies used to fund state employe insurance plans.
OAG 1-95.