AB790,4,310 230.14 (1) Recruitment for classified positions shall be an active continuous
11process conducted in a manner that assures a diverse, highly qualified group of
12applicants; and shall be conducted, except as provided under sub. (2), on the broadest

1possible base consistent with sound personnel management practices and an
2approved affirmative action plan or program. Due consideration shall be given to the
3provisions of s. 230.19.
AB790, s. 5 4Section 5. 230.14 (2) of the statutes is repealed.
AB790, s. 6 5Section 6. 230.16 (2) of the statutes is amended to read:
AB790,4,146 230.16 (2) Competitive examinations shall be free and open to all applicants
7who at the time of application are residents of this state and who have fulfilled the
8preliminary requirements stated in the examination announcement. To assure that
9all residents of this state applicants have a fair opportunity to compete,
10examinations shall be held at such times and places as, in the judgment of the
11administrator, most nearly meet the convenience of applicants and needs of the
12service. If a critical need for employes in specific classifications or positions exists,
13the administrator may open competitive examinations to persons who are not
14residents of this state.
AB790, s. 7 15Section 7. 230.16 (3) of the statutes is amended to read:
AB790,4,2116 230.16 (3) The administrator may appoint boards of examiners of at least 2
17persons for the purpose of conducting oral examinations as a part of the examination
18procedure for certain positions. All board members shall be well-qualified and
19impartial and at least one shall be from outside of the civil service. All questions
20asked and answers made in any examination of applicants shall be recorded and
21made a part of the records of the applicants.
AB790, s. 8 22Section 8. 230.25 (1) of the statutes is amended to read:
AB790,5,1123 230.25 (1) Appointing authorities shall give written notice to the administrator
24of any vacancy to be filled in any position in the classified service. The administrator
25shall certify, under this subchapter and the rules of the administrator, from the

1register of eligibles appropriate for the kind and type of employment, the grade and
2class in which the position is classified, the 5 any number of names at the head
3thereof if the register of eligibles is less than 50. If the register is more than 50, the
4top 10%, with any fraction rounded to the next whole number, up to a maximum of
510 names, shall be certified
. In determining the number of names to certify, the
6administer shall use statistical methods and personnel management principles that
7are designed to maximize the number of certified names that are appropriate for
8filling the specific position vacancy
. Up to 2 persons considered for appointment 3
9times and not selected may be removed from the register for each 3 appointments
10made. Certification under this subsection shall be made before granting any
11preference under s. 230.16 (7).
AB790, s. 9 12Section 9. 230.25 (3) of the statutes is renumbered 230.25 (3) (a) and amended
13to read:
AB790,5,1914 230.25 (3) (a) The Subject to par. (b), the term of eligibility on original entrance
15and promotional registers is 6 months and thereafter the register expires but may
16be reactivated by the administrator for up to 3 years from the date of the
17establishment of the register. The Except as provided in ss. 230.28 and 230.34, the
18eligibility of individuals for reinstatement or is 5 years and the eligibility of
19individuals for
restoration is 3 years except as provided in ss. 230.28 and 230.34.
AB790, s. 10 20Section 10. 230.25 (3) (b) of the statutes is created to read:
AB790,5,2421 230.25 (3) (b) The administrator may allow a register to expire after 3 months,
22but only after considering the impact of such an action on the policy of this state to
23provide for equal employment opportunity and to take affirmative action, as
24specified in s. 230.01 (2).
AB790, s. 11 25Section 11. 230.31 (1) (intro.) of the statutes is amended to read:
1230.31 (1) (intro.)  Any person who has held a position and obtained permanent
2status in a class under the civil service law and rules and who has separated from
3the service without any delinquency or misconduct on his or her part but owing to
4reasons of economy or otherwise shall be granted the following considerations for a
53-year period from the date of such separation
AB790, s. 12 6Section 12. 230.31 (1) (a) of the statutes is amended to read:
AB790,6,97 230.31 (1) (a) Such For a 5-year period from the date of separation, the person
8shall be eligible for reinstatement in a position having a comparable or lower pay rate
9or range for which such person is qualified.
AB790, s. 13 10Section 13. 230.31 (1) (b) of the statutes is amended to read:
AB790,6,1511 230.31 (1) (b) In addition, For a 3-year period from the date of separation, if
12on layoff status, the person shall be placed, in inverse order of layoff, on an
13appropriate mandatory restoration register for the unit used for layoff and on a
14restoration register for the agency from which the person was laid off. Use of such
15registers shall be subject to the rules of the administrator.
AB790, s. 14 16Section 14. 230.33 (1) of the statutes is amended to read:
AB790,7,317 230.33 (1) A person appointed by the governor, elected officer, judicial body or
18by a legislative body or committee, or by any other appointing authority when both
19the classified and unclassified positions are within his or her department, shall be
20granted a leave of absence without pay for the duration of the appointment and for
213 months thereafter, during which time the person has restoration rights to the
22former position or equivalent position in the department in which last employed
23without loss of seniority. The person shall also have reinstatement privileges for 3
245 years following appointment to the unclassified service or for one year after
25termination of the unclassified appointment whichever is longer. Restoration rights

1and reinstatement privileges shall be forfeited if the reason for termination of the
2unclassified appointment would also be reason for discharge from the former
3position in the classified service.
AB790, s. 15 4Section 15. 230.35 (1) (g) 2. of the statutes is amended to read:
AB790,7,65 230.35 (1) (g) 2. Left the service through resignation or layoff and is reemployed
6or recalled within 3 5 years.
AB790, s. 16 7Section 16. 230.40 (3) of the statutes is amended to read:
AB790,7,118 230.40 (3) A person who separates from the classified service to fill an elective
9position shall have reinstatement privileges for 3 5 years following termination from
10the classified service or for one year following termination from the elective position,
11whichever is longer.
AB790, s. 17 12Section 17. Nonstatutory provisions.
AB790,7,1913 (1) Certification evaluation. The department of employment relations shall
14evaluate the certification procedures developed under section 230.25 (1) of the
15statutes, as affected by this act, with respect to the impact of the certification
16procedures on the state's affirmative action policy and the affirmative action plans
17of state agencies. The department shall submit the results of the evaluation to the
18legislature, in the manner provided under section 13.172 (2) of the statutes, and to
19the governor no later than one year after the effective date of this subsection.
AB790, s. 18 20Section 18. Initial applicability.
AB790,7,2421 (1) Certifications. The treatment of section 230.25 (1) of the statutes first
22applies to names certified by the administrator of the division of merit recruitment
23and selection in the department of employment relations on the effective date of this
1(2) University of Wisconsin System job categories and pay ranges for
2academic staff.
The treatment of section 36.09 (1) (k) 2. b., c. and d. of the statutes
3first applies to job categories and pay ranges established on the effective date of this
AB790,8,85 (3) Reinstatement. The treatment of sections 230.25 (3) (with respect to the
6eligibility of individuals for reinstatement), 230.31 (1) (intro.), (a) and (b), 230.33 (1),
7230.35 (1) (g) 2. and 230.40 (3) of the statutes first applies to any person who is
8initially eligible for reinstatement on the effective date of this subsection.
AB790,8,99 (End)