LRBa2275/1
RAC:jlg:ijs
1997 - 1998 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 1997 ASSEMBLY BILL 790
March 24, 1998 - Offered by Representative Musser.
AB790-AA1,1,11 At the locations indicated, amend the bill as follows:
AB790-AA1,1,2 21. Page 4, line 4: after that line insert:
AB790-AA1,1,3 3" Section 5e. 230.15 (1) of the statutes is amended to read:
AB790-AA1,1,84 230.15 (1) Appointments to, and promotions in, the classified service, shall be
5made only according to merit and fitness, which shall be ascertained so far as
6practicable by competitive examination. The administrator may waive competitive
7examination for appointments made under sub. subs. (1m) and (2) and shall waive
8competitive examination for appointments made under sub. (2m)
.
AB790-AA1, s. 5r 9Section 5r. 230.15 (2m) of the statutes is created to read:
AB790-AA1,1,1310 230.15 (2m) If a vacancy occurs in a position in the classified service and the
11administrator is notified by an appointing authority that the position is to be filled
12by a disabled veteran under s. 230.275, the administrator shall waive all competition
13requirements for filling the position.".
AB790-AA1,2,1
12. Page 4, line 21: after that line insert:
AB790-AA1,2,2 2" Section 7e. 230.21 (1) of the statutes is amended to read:
AB790-AA1,2,53 230.21 (1) The Subject to s. 230.275, the administrator may, to meet the needs
4of the service, establish separate recruitment, examination and certification
5procedures for filling positions in unskilled labor and service classes.
AB790-AA1, s. 7m 6Section 7m. 230.22 (3) of the statutes is amended to read:
AB790-AA1,2,117 230.22 (3) The Subject to s. 230.275, the administrator may establish separate
8recruitment, evaluation and certification procedures for certain entry professional
9positions. Vacancies in entry professional positions may be limited to persons with
10a degree from an institution of higher education, as defined in s. 108.02 (18), or a
11degree under an associate degree program, as defined in s. 38.01 (1).".
AB790-AA1,2,12 123. Page 5, line 24: after that line insert:
AB790-AA1,2,13 13" Section 10d. 230.25 (5) of the statutes is created to read:
AB790-AA1,2,2014 230.25 (5) Notwithstanding sub. (2) (a), if an appointing authority elects to
15appoint a disabled veteran to a vacant position on a noncompetitive basis under s.
16230.275 and the appointing authority has requested a certification for the position,
17the administrator shall provide the appointing authority the names of all disabled
18veterans certified for appointment to the position and who satisfy the condition
19specified in s. 230.275 (1) (a) and the names of all such disabled veterans who are on
20any other employment register that is identified by the appointing authority.
AB790-AA1, s. 10h 21Section 10h. 230.26 (2) of the statutes is amended to read:
AB790-AA1,3,922 230.26 (2) If there are urgent reasons for filling a vacancy in any position in
23the classified service and the administrator is unable to certify to the appointing
24authority, upon requisition by the latter, a list of persons eligible for appointment

1from an appropriate employment register, the appointing authority may nominate
2a person to the administrator for noncompetitive examination. If the nominee is
3certified by the administrator as qualified, the nominee may be appointed
4provisionally to fill the vacancy until an appointment can be made from a register
5established after announcement of competition for the position, except that no
6provisional appointment may be continued for more than 45 working days after the
7date of certification from the register. Successive appointments may not be made
8under this subsection. This subsection does not apply to a person appointed to a
9vacant position in the classified service under s. 230.275.
AB790-AA1, s. 10p 10Section 10p. 230.27 (2) of the statutes is amended to read:
AB790-AA1,3,1211 230.27 (2) The Subject to s. 230.275, the administrator may provide by rule for
12the selection and appointment of a person to a project position.
AB790-AA1, s. 10t 13Section 10t. 230.275 of the statutes is created to read:
AB790-AA1,3,14 14230.275 Noncompetitive appointment of certain disabled veterans.
AB790-AA1,3,18 15(1) Whenever a vacancy occurs in a position in the classified service that is
16determined by the administrator to be a nonprofessional position or in an entry
17professional position under s. 230.22, the appointing authority may appoint a
18disabled veteran on a noncompetitive basis if all of the following occur:
AB790-AA1,3,2219 (a) The disabled veteran has served in the U.S. armed forces and is included
20on a U.S. armed forces permanent disability list with a disability rating of at least
2130% or the disabled veteran has been rated by the U.S. department of veterans
22affairs as having a compensable service-connected disability of at least 30%.
AB790-AA1,4,223 (b) The disabled veteran presents to the appointing authority written
24documentation from an appropriate department of the federal government certifying
25the existence and extent of the disability. This certification must have been issued

1by the appropriate department of the federal government within the year preceding
2appointment.
AB790-AA1,4,43 (c) The appointing authority determines that the disabled veteran is qualified
4to perform the duties and responsibilities of the position.
AB790-AA1,4,65 (d) The appointing authority notifies the administrator in writing that the
6position is to be filled with a disabled veteran on a noncompetitive basis.
AB790-AA1,4,87 (e) The disabled veteran does not hold a permanent appointment or have
8mandatory restoration rights to a permanent appointment.
AB790-AA1,4,10 9(2) A disabled veteran appointed to a vacant position under this section need
10not be certified under this subchapter for appointment to the position.
AB790-AA1,4,16 11(3) (a) 1. If an appointing authority elects to appoint a disabled veteran to a
12vacant position on a noncompetitive basis under sub. (1), the appointing authority
13shall offer to interview for the position any disabled veteran who has expressed an
14interest to the appointing authority in applying for the position, who satisfies the
15condition specified in sub. (1) (a) and who appears to have the skills and experience
16suitable for performing the duties and responsibilities of the position.
AB790-AA1,4,2117 2. If an appointing authority elects to appoint a disabled veteran to a vacant
18position on a noncompetitive basis under sub. (1) and the appointing authority has
19requested a certification for the position, the appointing authority shall offer to
20interview for the position any disabled veteran who is certified for appointment to
21the position and who satisfies the condition specified in sub. (1) (a).
AB790-AA1,4,2522 (b) Except as provided in par. (a), if an appointing authority elects to appoint
23a disabled veteran to a vacant position on a noncompetitive basis under sub. (1), an
24appointing authority is not required to interview any other person, including any
25person certified for appointment to the position.
AB790-AA1,5,4
1(4) Nothing in this section shall require an appointing authority to appoint a
2disabled veteran to a vacant position in the classified service or prohibit an
3appointing authority from filling a vacant position in the classified service from the
4list of those persons certified under this subchapter for appointment to the position.".
AB790-AA1,5,5 54. Page 7, line 11: after that line insert:
AB790-AA1,5,6 6" Section 16m. 230.44 (1) (dm) of the statutes is created to read:
AB790-AA1,5,107 230.44 (1) (dm) Noncompetitive appointment of certain disabled veterans. A
8personnel action under s. 230.275 by an appointing authority that is alleged to be
9illegal or an abuse of discretion. The administrator and the department may not be
10a party to any such appeal.".
AB790-AA1,5,11 115. Page 8, line 8: after that line insert:
AB790-AA1,5,12 12" Section 18m. Effective date.
AB790-AA1,5,1513 (1) The treatment of sections 230.15 (1) and (2m), 230.21 (1), 230.22 (3), 230.25
14(5), 230.26 (2), 230.27 (2), 230.275 and 230.44 (1) (dm) takes effect on the first day
15of the 2nd month beginning after publication.".
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