SB855,36 11Section 36. 230.16 (5) of the statutes is amended to read:
SB855,10,2012 230.16 (5) In the interest of sound personnel management, consideration of
13applicants, and service to agencies, the director may set a standard for proceeding
14to subsequent steps in the selection process an examination, provided that all
15applicants are fairly treated and due notice has been given. The standard may be
16at or above the passing point set by the director for any portion of the examination.

17The director shall utilize appropriate scientific techniques and procedures in
18administering the selection process, in rating the results of any evaluations used in
19the selection process
examinations, and in determining the relative ratings of the
20competitors.
SB855,37 21Section 37. 230.16 (6) of the statutes is amended to read:
SB855,10,2522 230.16 (6) If any applicant is unable to complete an evaluation that is used in
23the selection process
the examination in the form presented to the applicant due to
24a disability, the bureau shall provide necessary accommodations to ensure equality
25of opportunity in the selection process examination.
SB855,38
1Section 38. 230.16 (7m) (b) 4. of the statutes is amended to read:
SB855,11,42 230.16 (7m) (b) 4. The appointing authority has not extended interviews
3examination for the position or filled the position at the time the application is
4received
is a written, nonessay examination that is scored by a machine.
SB855,39 5Section 39. 230.16 (7m) (c) of the statutes is created to read:
SB855,11,76 230.16 (7m) (c) Within 30 days after acceptance of an application under par.
7(b), the administrator shall give the applicant an examination.
SB855,40 8Section 40. 230.16 (9) of the statutes is created to read:
SB855,11,119 230.16 (9) The officials in control of state, municipal, and county buildings,
10upon requisition by the administrator, shall furnish without charge adequate rooms
11and building services for the administration of examinations.
SB855,41 12Section 41. 230.16 (10) of the statutes is amended to read:
SB855,11,1613 230.16 (10) Every reasonable precaution shall be taken to prevent any
14unauthorized person from gaining any knowledge of the nature or content of
15competitive procedures in the selection process the examination that is not available
16to every applicant.
SB855,42 17Section 42. 230.16 (11) of the statutes is amended to read:
SB855,11,1918 230.16 (11) Records of applicants examinations shall be retained for at least
19one year. Inspection of such records shall be regulated by rules of the director.
SB855,43 20Section 43. 230.17 (1) of the statutes is amended to read:
SB855,12,221 230.17 (1) The director shall provide by rule, the conditions, not otherwise
22provided by law, under which an eligible applicant may be refused examination or
23reexamination, or an eligible refused
certification. These conditions shall be based
24on sufficient reason and shall reflect sound technical personnel management

1practices and those standards of conduct, deportment, and character necessary and
2demanded to the orderly, efficient, and just operation of the state service.
SB855,44 3Section 44. 230.17 (2) of the statutes is amended to read:
SB855,12,164 230.17 (2) If the director refuses to examine an applicant, or after examination
5to
certify an eligible, as provided in this section, the director, if requested by the
6applicant so rejected within 10 days of the date of receipt of the notice of rejection,
7shall give the applicant a full and explicit statement of the exact cause of such refusal
8to examine or certify. Applicants may appeal to the commission the decision of the
9director to refuse to examine or certify under s. 230.44 (1) (a). Upon request of an
10applicant or an eligible for a civil service position who has a disability, the
11department of health services shall obtain from the director a detailed description
12of all duties entailed by such position and shall determine and report its findings to
13the director, as to the ability of the applicant, or eligible, to perform the duties of such
14position. Such findings shall be conclusive as to the qualifications of any applicant,
15or eligible, so examined. A notice of rejection shall notify an applicant or eligible of
16his or her rights under this subsection.
SB855,45 17Section 45. 230.18 of the statutes is amended to read:
SB855,13,3 18230.18 Discrimination prohibited. No question in any form of application
19or in any evaluation used in the hiring process examination may be so framed as to
20elicit information concerning the partisan political or religious opinions or
21affiliations of any applicant nor may any inquiry be made concerning such opinions
22or affiliations and all disclosures thereof shall be discountenanced except that the
23director may evaluate the competence and impartiality of applicants for positions
24such as clinical chaplain in a state institutional program. No discriminations may
25be exercised in the recruitment, application, examination, or hiring process against

1or in favor of any person because of the person's political or religious opinions or
2affiliations or because of age, sex, disability, race, color, sexual orientation, national
3origin, or ancestry except as otherwise provided.
SB855,46 4Section 46. 230.19 of the statutes is repealed and recreated to read:
SB855,13,8 5230.19 Promotion. (1) The administrator shall provide employees with
6reasonable opportunities for career advancement, within a classified service
7structure designed to achieve and maintain a highly competent work force, with due
8consideration given to affirmative action.
SB855,13,19 9(2) If, in the judgment of the administrator, the group of applicants best able
10to meet the requirements for vacancies in positions in the classified service are
11available within the classified service, the vacancies shall be filled by competition
12limited to persons in the classified service who are not employed under s. 230.26 or
13230.27 and persons with the right of restoration resulting from layoff under s. 230.34
14(2), unless it is necessary to go outside the classified service to be consistent with an
15approved affirmative action plan or program. The administrator may also limit
16competition for promotion to the employees of an agency or an employing unit within
17an agency if the resulting group of applicants would fairly represent the proportion
18of members of racial and ethnic, gender, or disabled groups in the relevant labor pool
19for the state.
SB855,13,22 20(3) A person with the right of restoration resulting from layoff under s. 230.34
21(2) may compete only for a position under sub. (2) for which he or she could have
22competed had the layoff not occurred.
SB855,47 23Section 47. 230.21 (1) of the statutes is amended to read:
SB855,14,3
1230.21 (1) Subject to s. 230.275, the director may, to meet the needs of the
2service, establish separate recruitment, examination, and certification procedures
3for filling positions in unskilled labor and service classes.
SB855,48 4Section 48. 230.21 (2) of the statutes is amended to read:
SB855,14,95 230.21 (2) The director may designate classifications in which applicants are
6in critically short supply and may develop such recruitment, examination, and
7certification processes as will provide agencies with prompt certification when
8qualified applicants can be found, provided that due notice has been given and proper
9competitive standards have been maintained.
SB855,49 10Section 49. 230.21 (3) of the statutes is amended to read: