SB565,,64 230.16 (5) In the interest of sound personnel management, consideration of applicants, and service to agencies, the director may set a standard for proceeding to subsequent steps in the selection process an examination, provided that all applicants are fairly treated and due notice has been given. The standard may be at or above the passing point set by the director for any portion of the examination. The director shall utilize appropriate scientific techniques and procedures in administering the selection process, in rating the results of any evaluations used in the selection process examinations, and in determining the relative ratings of the competitors.

SB565,37 Section 37. 230.16 (6) of the statutes is amended to read:

SB565,,66 230.16 (6) If any applicant is unable to complete an evaluation that is used in the selection process the examination in the form presented to the applicant due to a disability, the bureau shall provide necessary accommodations to ensure equality of opportunity in the selection process examination.

SB565,38 Section 38. 230.16 (7m) (b) 4. of the statutes is amended to read:

SB565,,68 230.16 (7m) (b) 4. The appointing authority has not extended interviews examination for the position or filled the position at the time the application is received is a written, nonessay examination that is scored by a machine.

SB565,39 Section 39. 230.16 (7m) (c) of the statutes is created to read:

SB565,,70 230.16 (7m) (c) Within 30 days after acceptance of an application under par. (b), the administrator shall give the applicant an examination.

SB565,40 Section 40. 230.16 (9) of the statutes is created to read:

SB565,,72 230.16 (9) The officials in control of state, municipal, and county buildings, upon requisition by the administrator, shall furnish without charge adequate rooms and building services for the administration of examinations.

SB565,41 Section 41. 230.16 (10) of the statutes is amended to read:

SB565,,74 230.16 (10) Every reasonable precaution shall be taken to prevent any unauthorized person from gaining any knowledge of the nature or content of competitive procedures in the selection process the examination that is not available to every applicant.

SB565,42 Section 42. 230.16 (11) of the statutes is amended to read:

SB565,,76 230.16 (11) Records of applicants examinations shall be retained for at least one year. Inspection of such records shall be regulated by rules of the director.

SB565,43 Section 43. 230.17 (1) of the statutes is amended to read:

SB565,,78 230.17 (1) The director shall provide by rule, the conditions, not otherwise provided by law, under which an eligible applicant may be refused examination or reexamination, or an eligible refused certification. These conditions shall be based on sufficient reason and shall reflect sound technical personnel management practices and those standards of conduct, deportment, and character necessary and demanded to the orderly, efficient, and just operation of the state service.

SB565,44 Section 44. 230.17 (2) of the statutes is amended to read:

SB565,,80 230.17 (2) If the director refuses to examine an applicant, or after examination to certify an eligible, as provided in this section, the director, if requested by the applicant so rejected within 10 days of the date of receipt of the notice of rejection, shall give the applicant a full and explicit statement of the exact cause of such refusal to examine or certify. Applicants may appeal to the commission the decision of the director to refuse to examine or certify under s. 230.44 (1) (a). Upon request of an applicant or an eligible for a civil service position who has a disability, the department of health services shall obtain from the director a detailed description of all duties entailed by such position and shall determine and report its findings to the director, as to the ability of the applicant, or eligible, to perform the duties of such position. Such findings shall be conclusive as to the qualifications of any applicant, or eligible, so examined. A notice of rejection shall notify an applicant or eligible of his or her rights under this subsection.

SB565,45 Section 45. 230.18 of the statutes is amended to read:

SB565,,82 230.18 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.

SB565,46 Section 46. 230.19 of the statutes is repealed and recreated to read:

SB565,,84 230.19 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.

SB565,,85 (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.

SB565,,86 (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.

SB565,47 Section 47. 230.21 (1) of the statutes is amended to read:

SB565,,88 230.21 (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.

SB565,48 Section 48. 230.21 (2) of the statutes is amended to read:

SB565,,90 230.21 (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.

SB565,49 Section 49. 230.21 (3) of the statutes is amended to read:

SB565,,92 230.21 (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.