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2015 - 2016 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 373
January 20, 2016 - Offered by Senators C. Larson, Ringhand, Wirch, Harris Dodd,
Vinehout, Miller, Risser, Shilling, Lassa and Hansen.
AB373-SSA1,2,2 1An Act to repeal 15.103 (6m), 15.105 (6) and (6m), 15.107 (3), 111.81 (5), 230.03
2(5) and 230.08 (2) (xr); to renumber 20.505 (1) (ic), 20.505 (1) (jc), 20.505 (1)
3(kn) and 20.505 (1) (ks); to renumber and amend 20.505 (1) (kz); to amend
415.105 (title), 15.16 (1) (intro.), 16.415 (1), 19.45 (11) (a), 20.916 (8) (a), 20.923
5(4) (intro.), 20.923 (4) (c) 3m. and (f) 1., 20.923 (8), 20.923 (9), 45.82 (2), 49.78
6(5), 59.26 (8) (a), 73.09 (5), 111.86 (2), 227.10 (3) (e), 230.02, 230.03 (9e), 230.03
7(10), 230.04 (1m), 230.04 (5), 230.04 (9) (f), 230.04 (18), 230.05 (2) (a) and (9),
8230.14 (4), 230.16 (1) (a), 230.16 (1) (b), 230.16 (6), 230.315 (1) (c), 230.46, 230.48
9(2), 301.16 (1o) (b) and 938.538 (6m) (b); and to create 15.105 (29), 16.004 (16),
1020.545, 20.923 (4) (c) 3n. and 3o., 111.81 (14), 230.03 (10w), 230.04 (16), 230.08

1(2) (e) 8j. and 230.08 (2) (ya) of the statutes; relating to: creating an Office of
2Civil Service.
Analysis by the Legislative Reference Bureau
The 2015-17 biennial budget act, 2015 Wisconsin Act 55, restructured the
Office of State Employment Relations (OSER) into a Division of Personnel
Management in the Department of Administration (DOA) and restructured the
Division of Merit Recruitment and Selection in OSER into a Bureau of Merit
Recruitment and Selection in the Division of Personnel Management. This
substitute amendment restructures the Division of Personnel Management into the
Office of Civil Service and attaches it to DOA for administrative purposes,
restructures the Bureau of Merit Recruitment and Selection as a division in the
Office of Civil Service, and creates the Division of Labor Relations and the Division
of Affirmative Action in the Office of Civil Service.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB373-SSA1,1 3Section 1. 15.103 (6m) of the statutes, as created by 2015 Wisconsin Act 55,
4is repealed.
AB373-SSA1,2 5Section 2. 15.105 (title) of the statutes, as affected by 2015 Wisconsin Act 55,
6is amended to read:
AB373-SSA1,2,8 715.105 (title) Same; attached boards, commissions, bureaus, and
8offices.
AB373-SSA1,3 9Section 3. 15.105 (6) and (6m) of the statutes, as created by 2015 Wisconsin
10Act 55
, are repealed.
AB373-SSA1,4 11Section 4. 15.105 (29) of the statutes is created to read:
AB373-SSA1,2,1512 15.105 (29) Office of civil service. (a) Creation. There is created an office
13of civil service which is attached to the department of administration under s. 15.03
14under the direction and supervision of a director. The director shall serve at the
15pleasure of the governor.
AB373-SSA1,3,10
1(b) Same; specified divisions. 1. `Division of merit recruitment and selection.'
2There is created in the office of civil service a division of merit recruitment and
3selection. The administrator of the division of merit recruitment and selection shall
4be nominated by the governor, and with the advice and consent of the senate
5appointed for a 5-year term, under the unclassified service from a register of at least
65 names certified to the governor by the director of the office of civil service. The
7director of the office of civil service shall prepare and conduct an examination for the
8position of administrator according to the requirements for classified positions under
9subch. II of ch. 230. The administrator of the division may be renominated by the
10governor, and with the advice and consent of the senate reappointed.
AB373-SSA1,3,1911 2. `Division of labor relations.' There is created in the office of civil service a
12division of labor relations. The administrator of the division of labor relations shall
13be nominated by the governor, and with the advice and consent of the senate
14appointed for a 5-year term, under the unclassified service from a register of at least
155 names certified to the governor by the director of the office of civil service. The
16director of the office of civil service shall prepare and conduct an examination for the
17position of administrator according to the requirements for classified positions under
18subch. II of ch. 230. The administrator of the division may be renominated by the
19governor, and with the advice and consent of the senate reappointed.
AB373-SSA1,4,420 3. `Division of affirmative action.' There is created in the office of civil service
21a division of affirmative action. The administrator of the division of affirmative
22action shall be nominated by the governor, and with the advice and consent of the
23senate appointed for a 5-year term, under the unclassified service from a register of
24at least 5 names certified to the governor by the director of the office of civil service.
25The director of the office of civil service shall prepare and conduct an examination

1for the position of administrator according to the requirements for classified
2positions under subch. II of ch. 230. The administrator of the division may be
3renominated by the governor, and with the advice and consent of the senate
4reappointed.
AB373-SSA1,5 5Section 5. 15.107 (3) of the statutes, as created by 2015 Wisconsin Act 55, is
6repealed.
AB373-SSA1,6 7Section 6. 15.16 (1) (intro.) of the statutes, as affected by 2015 Wisconsin Act
855
, is amended to read:
AB373-SSA1,4,139 15.16 (1) Employee trust funds board. (intro.) The employee trust funds
10board shall consist of the governor or the governor's designee on the group insurance
11board, the administrator of the division of personnel management in the department
12of administration
director of the office of civil service or the administrator's director's
13designee and 11 persons appointed or elected for 4-year terms as follows:
AB373-SSA1,7 14Section 7. 16.004 (16) of the statutes is created to read:
AB373-SSA1,4,1715 16.004 (16) Office of civil service administrator positions. The secretary
16shall assign 3 of the unclassified division administrator positions authorized for the
17department to the office of civil service.
AB373-SSA1,8 18Section 8. 16.415 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is
19amended to read:
AB373-SSA1,5,720 16.415 (1) Neither the secretary nor any other fiscal officer of this state may
21draw, sign, or issue, or authorize the drawing, signing, or issuing of any warrant on
22any disbursing officer of the state to pay any compensation to any person in the
23classified service of the state unless an estimate, payroll, or account for such
24compensation, containing the names of every person to be paid, bears the certificate
25of the appointing authority that each person named in the estimate, payroll, or

1account has been appointed, employed, or subject to any other personnel transaction
2in accordance with, and that the pay for the person has been established in
3accordance with, the law, compensation plan, or applicable collective bargaining
4agreement, and applicable rules of the administrator of the division of personnel
5management in the departmen
t director of the office of civil service and the director
6of the bureau
administrator of the division of of merit recruitment and selection in
7the department office of civil service then in effect.
AB373-SSA1,9 8Section 9. 19.45 (11) (a) of the statutes, as affected by 2015 Wisconsin Act 55,
9is amended to read:
AB373-SSA1,5,1510 19.45 (11) (a) The director of the bureau administrator of the division of merit
11recruitment and selection in the department of administration office of civil service
12shall, with the board's advice, promulgate rules to implement a code of ethics for
13classified and unclassified state employees except state public officials subject to this
14subchapter, personnel in the University of Wisconsin System, and officers and
15employees of the judicial branch.
AB373-SSA1,10 16Section 10. 20.505 (1) (ic) of the statutes, as affected by 2015 Wisconsin Act
1755
, is renumbered 20.545 (1) (i).
AB373-SSA1,11 18Section 11. 20.505 (1) (jc) of the statutes, as affected by 2015 Wisconsin Act
1955
, is renumbered 20.545 (1) (jm).
AB373-SSA1,12 20Section 12. 20.505 (1) (kn) of the statutes, as affected by 2015 Wisconsin Act
2155
, is renumbered 20.545 (1) (ka).
AB373-SSA1,13 22Section 13. 20.505 (1) (ks) of the statutes, as affected by 2015 Wisconsin Act
2355
, is renumbered 20.545 (1) (km).
AB373-SSA1,14 24Section 14. 20.505 (1) (kz) of the statutes, as affected by 2015 Wisconsin Act
2555
, is renumbered 20.545 (1) (k) and amended to read:
AB373-SSA1,6,7
120.545 (1) (k) General program operations. The amounts in the schedule to
2administer state employment relations functions and the civil service system under
3subch. V of ch. 111 and ch. 230, to pay awards under s. 230.48, and to defray the
4expenses of the state employees suggestion board. All moneys received from state
5agencies for materials and services provided by the division of personnel
6management in the department of administration
office of civil service shall be
7credited to this appropriation.
AB373-SSA1,15 8Section 15. 20.545 of the statutes is created to read:
AB373-SSA1,6,10 920.545 Office of civil service. There is appropriated to the office of civil
10service for the following programs:
AB373-SSA1,6,12 11(1) Civil service. (j) Gifts and donations. All moneys received from gifts,
12grants, bequests, and devises, to carry out the purposes for which made and received.
AB373-SSA1,6,1413 (m) Federal grants and contracts. All moneys received from the federal
14government to carry out the purposes for which made.
AB373-SSA1,6,1715 (pz) Indirect cost reimbursements. All moneys received from the federal
16government as reimbursement of indirect costs of grants and contracts for the
17purposes authorized in s. 16.54 (9) (b).
AB373-SSA1,16 18Section 16. 20.916 (8) (a) of the statutes, as affected by 2015 Wisconsin Act 55,
19is amended to read:
AB373-SSA1,7,420 20.916 (8) (a) The administrator of the division of personnel management in
21the department of administration
director of the office of civil service shall
22recommend to the joint committee on employment relations uniform travel schedule
23amounts for travel by state officers and employees whose compensation is
24established under s. 20.923 or 230.12. Such amounts shall include maximum
25permitted amounts for meal and lodging costs, other allowable travel expenses under

1sub. (9) (d), and porterage tips, except as authorized under s. 16.53 (12) (c). In lieu
2of the maximum permitted amounts for expenses under sub. (9) (b), (c), and (d), the
3administrator director may recommend to the committee a per diem amount and
4method of reimbursement for any or all expenses under sub. (9) (b), (c), and (d).
AB373-SSA1,17 5Section 17. 20.923 (4) (intro.) of the statutes, as affected by 2015 Wisconsin
6Act 55
, is amended to read:
AB373-SSA1,8,67 20.923 (4) State agency positions. (intro.) State agency heads, the director
8of the bureau
administrator of the division of merit recruitment and selection in the
9department of administration office of civil service and commission chairpersons and
10members shall be identified and limited in number in accordance with the
11standardized nomenclature contained in this subsection, and shall be assigned to the
12executive salary groups listed in pars. (a) to (h). Except for positions specified in pars.
13(c) 3m. and (g) 1e. and sub. (12), all unclassified division administrator positions
14enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint
15committee on employment relations, by the administrator of the division of
16personnel management in the department of administration
director of the office of
17civil service
to one of 10 executive salary groups. The joint committee on employment
18relations, by majority vote of the full committee, may amend recommendations for
19initial position assignments and changes in assignments to the executive salary
20groups submitted by the administrator of the division of personnel management in
21the department of administration
director of the office of civil service. All division
22administrator assignments and amendments to assignments of administrator
23positions approved by the committee shall become part of the compensation plan.
24Whenever a new unclassified division administrator position is created, the
25appointing authority may set the salary for the position until the joint committee on

1employment relations approves assignment of the position to an executive salary
2group. If the committee approves assignment of the position to an executive salary
3group having a salary range minimum or maximum inconsistent with the salary
4paid to the incumbent at the time of such approval, the incumbent's salary shall be
5adjusted by the appointing authority to conform with the committee's action,
6effective on the date of that action. Positions are assigned as follows:
AB373-SSA1,18 7Section 18. 20.923 (4) (c) 3m. and (f) 1. of the statutes, as affected by 2015
8Wisconsin Act 55
, are amended to read:
AB373-SSA1,8,119 20.923 (4) (c) 3m. Administration, department of; division of personnel
10management; bureau
office of civil service; division of merit recruitment and
11selection: administrator.
AB373-SSA1,8,1312 (f) 1. Administration, department of; division office of personnel management:
13administrator
civil service; director.
AB373-SSA1,19 14Section 19. 20.923 (4) (c) 3n. and 3o. of the statutes are created to read:
AB373-SSA1,8,1615 20.923 (4) (c) 3n. Administration, department of; office of civil service; division
16of labor relations: administrator.
AB373-SSA1,8,1817 3o. Administration, department of; office of civil service; division of affirmative
18action: administrator.
AB373-SSA1,20 19Section 20. 20.923 (8) of the statutes, as affected by 2015 Wisconsin Acts 55
20and 58, is amended to read:
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