AB946,13,3 230.18 Discrimination prohibited. No question in any form of application or in any evaluation used in the hiring process examination may be so framed as to elicit information concerning the partisan political or religious opinions or affiliations of any applicant nor may any inquiry be made concerning such opinions or affiliations and all disclosures thereof shall be discountenanced except that the director may evaluate the competence and impartiality of applicants for positions such as clinical chaplain in a state institutional program. No discriminations may be exercised in the recruitment, application, examination, or hiring process against or in favor of any person because of the person's political or religious opinions or affiliations or because of age, sex, disability, race, color, sexual orientation, national origin, or ancestry except as otherwise provided.

AB946,46 Section 46. 230.19 of the statutes is repealed and recreated to read:

AB946,13,8 230.19 Promotion. (1) The administrator shall provide employees with reasonable opportunities for career advancement, within a classified service structure designed to achieve and maintain a highly competent work force, with due consideration given to affirmative action.

AB946,13,19 (2) If, in the judgment of the administrator, the group of applicants best able to meet the requirements for vacancies in positions in the classified service are available within the classified service, the vacancies shall be filled by competition limited to persons in the classified service who are not employed under s. 230.26 or 230.27 and persons with the right of restoration resulting from layoff under s. 230.34 (2), unless it is necessary to go outside the classified service to be consistent with an approved affirmative action plan or program. The administrator may also limit competition for promotion to the employees of an agency or an employing unit within an agency if the resulting group of applicants would fairly represent the proportion of members of racial and ethnic, gender, or disabled groups in the relevant labor pool for the state.

AB946,13,22 (3) A person with the right of restoration resulting from layoff under s. 230.34 (2) may compete only for a position under sub. (2) for which he or she could have competed had the layoff not occurred.

AB946,47 Section 47. 230.21 (1) of the statutes is amended to read:

AB946,14,3 230.21 (1) Subject to s. 230.275, the director may, to meet the needs of the service, establish separate recruitment, examination, and certification procedures for filling positions in unskilled labor and service classes.

AB946,48 Section 48. 230.21 (2) of the statutes is amended to read:

AB946,14,9 230.21 (2) The director may designate classifications in which applicants are in critically short supply and may develop such recruitment, examination, and certification processes as will provide agencies with prompt certification when qualified applicants can be found, provided that due notice has been given and proper competitive standards have been maintained.

AB946,49 Section 49. 230.21 (3) of the statutes is amended to read:

AB946,14,16 230.21 (3) The director shall designate classifications in prison industries in the department of corrections as critical positions requiring expeditious hiring and shall develop such recruitment, examination, and certification processes as will provide the department with prompt certification when qualified applicants can be found, provided that due notice has been given and proper competitive standards have been maintained.

AB946,50 Section 50. 230.213 of the statutes is amended to read:

AB946,15,2 230.213 Affirmative action procedures for corrections positions. The director may, to meet affirmative action objectives, establish such recruitment, examination, and certification procedures for positions in the department of corrections as will enable the department of corrections to increase the number of employees of a specified gender or a specified racial or ethnic group in those positions. The director shall design the procedures to obtain a work force in the department of corrections that reflects the relevant labor pool. The director may determine the relevant labor pool from the population of the state or of a particular geographic area of the state, whichever is more appropriate for achieving the affirmative action objective.

AB946,51 Section 51. 230.24 (1) of the statutes is amended to read:

AB946,15,16 230.24 (1) The administrator may by rule develop a career executive program that emphasizes excellence in administrative skills in order to provide agencies with a pool of highly qualified executive candidates, to provide outstanding administrative employees a broad opportunity for career advancement, and to provide for the mobility of such employees among the agencies and units of state government for the most advantageous use of their managerial and administrative skills. To accomplish the purpose of this program, the director may provide policies and standards for recruitment, examination, probation, employment register control, certification, transfer, promotion, and reemployment, and the director may provide policies and standards for classification and salary administration, separate from procedures established for other employment. The administrator shall determine the positions which may be filled from career executive employment registers.

AB946,52 Section 52. 230.24 (2) of the statutes is repealed and recreated to read:

AB946,15,24 230.24 (2) A vacancy in a career executive position may be filled through an open competitive examination, a competitive promotional examination or by restricting competition to employees in career executive positions in order to achieve and maintain a highly competent work force in career executive positions, with due consideration given to affirmative action. The appointing authority shall consider the guidelines under s. 230.19 when deciding how to fill a vacancy under this paragraph.

AB946,53 Section 53. 230.25 (1) of the statutes is amended to read:

AB946,16,11 230.25 (1) Appointing authorities shall give written notice to the director of any vacancy to be filled in any position in the classified service. The director shall certify, under this subchapter and the rules of the director, from the register of eligibles appropriate for the kind and type of employment, the grade and class in which the position is classified, any number of names at the head thereof. In determining the number of names to certify, the director shall use statistical methods and personnel management principles that are designed to maximize the number of certified names that are appropriate for filling the specific position vacancy. Up to 2 persons considered for appointment 3 times and not selected may be removed from the register for each 3 appointments made. Certification under this subsection shall be made before granting any preference under s. 230.16 (7).

AB946,54 Section 54. 230.25 (1g) of the statutes is repealed and recreated to read:

AB946,16,16 230.25 (1g) For every position to be filled by promotion from a promotional register, the administrator shall, after certifying names under sub. (1), additionally certify the name of the highest ranked disabled veteran whose disability is at least 70 percent.

AB946,55 Section 55. 230.25 (1m) of the statutes is repealed and recreated to read:

AB946,16,23 230.25 (1m) After certifying names under sub. (1), additional names shall be certified in rank order of those who with the combination of veterans preference points awarded under s. 230.16 (7) and examination score earn a total score equal to or higher than the lowest score of those certified on the basis of examination only. The number of veterans or spouses of veterans added to the list may not exceed the number of names certified under sub. (1).

AB946,56 Section 56. 230.25 (2) (a) of the statutes is amended to read:

AB946,17,6 230.25 (2) (a) When certifying names to appointing authorities under this section, the director shall specify whether the certification includes qualifying veterans or persons the hiring of whom would serve affirmative action purposes, without divulging the names of those individuals. The director shall not disclose any applicant's test score, with or without the addition of veterans preference points under s. 230.16 (7), to the appointing authority.

AB946,57 Section 57. 230.25 (2) (am) of the statutes is repealed.

AB946,58 Section 58. 230.25 (2) (b) of the statutes is amended to read:

AB946,17,17 230.25 (2) (b) Unless otherwise provided in this subchapter or the rules of the director, appointments shall be made by appointing authorities to all positions in the classified service from among those certified to them in accordance with this section. Appointments shall be made within 30 60 days after the date of certification unless an exception is made by the director. If an appointing authority does not make an appointment within 30 60 days after certification, he or she shall immediately report in writing to the director the reasons therefor. If the director determines that the failure to make an appointment is not justified under the merit system, the director shall issue an order directing that an appointment be made.

AB946,59 Section 59. 230.25 (3) (a) of the statutes is amended to read: