AB21,1394,4 23(3) When any position to be filled involves fiduciary responsibility, the
24appointing authority shall conduct a criminal history background check before
25offering employment to an applicant for the position. If otherwise permitted by law,

1the appointing authority may require the appointee to furnish bond or other security,
2and shall notify the administrator director of the amount and other details thereof.
3Any surety company authorized to do business in this state shall be a sufficient
4security on any such bond.
AB21,3723 5Section 3723. 230.18 of the statutes is amended to read:
AB21,1394,16 6230.18 Discrimination prohibited. No question in any form of application
7or in any examination may be so framed as to elicit information concerning the
8partisan political or religious opinions or affiliations of any applicant nor may any
9inquiry be made concerning such opinions or affiliations and all disclosures thereof
10shall be discountenanced except that the administrator director may evaluate the
11competence and impartiality of applicants for positions such as clinical chaplain in
12a state institutional program. No discriminations may be exercised in the
13recruitment, application, examination or hiring process against or in favor of any
14person because of the person's political or religious opinions or affiliations or because
15of age, sex, disability, race, color, sexual orientation, national origin or ancestry
16except as otherwise provided.
AB21,3724 17Section 3724. 230.19 (1) of the statutes is amended to read:
AB21,1394,2118 230.19 (1) The administrator director shall provide employees with reasonable
19opportunities for career advancement, within a classified service structure designed
20to achieve and maintain a highly competent work force, with due consideration given
21to affirmative action.
AB21,3725 22Section 3725. 230.19 (2) of the statutes is amended to read:
AB21,1395,823 230.19 (2) If, in the judgment of the administrator director, the group of
24applicants best able to meet the requirements for vacancies in positions in the
25classified service are available within the classified service, the vacancies shall be

1filled by competition limited to persons in the classified service who are not employed
2under s. 230.26 or 230.27 and persons with the right of restoration resulting from
3layoff under s. 230.34 (2), unless it is necessary to go outside the classified service to
4be consistent with an approved affirmative action plan or program. The
5administrator director may also limit competition for promotion to the employees of
6an agency or an employing unit within an agency if the resulting group of applicants
7would fairly represent the proportion of members of racial and ethnic, gender or
8disabled groups in the relevant labor pool for the state.
AB21,3726 9Section 3726. 230.21 (1) of the statutes is amended to read:
AB21,1395,1210 230.21 (1) Subject to s. 230.275, the administrator director may, to meet the
11needs of the service, establish separate recruitment, examination and certification
12procedures for filling positions in unskilled labor and service classes.
AB21,3727 13Section 3727. 230.21 (1m) (a) (intro.) of the statutes is amended to read:
AB21,1395,1714 230.21 (1m) (a) (intro.) If the administrator director uses the method of random
15certification to determine which applicants for an unskilled labor or service position
16will receive further consideration for the position, the administrator director shall
17do all of the following:
AB21,3728 18Section 3728. 230.21 (1m) (b) of the statutes is amended to read:
AB21,1396,219 230.21 (1m) (b) If the administrator director uses the method of random
20certification to determine which applicants for an unskilled labor or service position
21will receive further consideration for the position and the appointing authority does
22not select a veteran or a person the hiring of whom would serve affirmative action
23purposes, the appointing authority shall make and retain a written record of the
24appointing authority's reasons for selecting the person who was appointed. The
25appointing authority shall make the written records available to the office division

1and annually submit a report to the office division summarizing the reasons
2contained in the written records.
AB21,3729 3Section 3729. 230.21 (2) of the statutes is amended to read:
AB21,1396,84 230.21 (2) The administrator director may designate classifications in which
5applicants are in critically short supply and may develop such recruitment,
6examination and certification processes as will provide agencies with prompt
7certification when qualified applicants can be found, provided that due notice has
8been given and proper competitive standards have been maintained.
AB21,3730 9Section 3730. 230.21 (3) of the statutes is amended to read:
AB21,1396,1510 230.21 (3) The administrator director shall designate classifications in prison
11industries in the department of corrections as critical positions requiring expeditious
12hiring and shall develop such recruitment, examination and certification processes
13as will provide the department with prompt certification when qualified applicants
14can be found, provided that due notice has been given and proper competitive
15standards have been maintained.
AB21,3731 16Section 3731. 230.213 of the statutes is amended to read:
AB21,1397,2 17230.213 Affirmative action procedures for corrections positions. The
18administrator director may, to meet affirmative action objectives, establish such
19recruitment, examination and certification procedures for positions in the
20department of corrections as will enable the department of corrections to increase the
21number of employees of a specified gender or a specified racial or ethnic group in
22those positions. The administrator director shall design the procedures to obtain a
23work force in the department of corrections that reflects the relevant labor pool. The
24administrator director may determine the relevant labor pool from the population

1of the state or of a particular geographic area of the state, whichever is more
2appropriate for achieving the affirmative action objective.
AB21,3732 3Section 3732. 230.215 (3) (a) of the statutes is amended to read:
AB21,1397,124 230.215 (3) (a) An agency may, with the approval of the director administrator
5and with the approval of the secretary of administration under s. 16.50, restructure
6budgeted permanent positions as such positions become vacant or if an employee
7voluntarily requests a job-sharing or permanent part-time employment
8opportunity. No employee occupying a full-time permanent position may be
9involuntarily terminated, demoted, transferred or reassigned in order to restructure
10that position for permanent part-time employment and no such employee may be
11required to accept a permanent part-time position as a condition of continued
12employment.
AB21,3733 13Section 3733. 230.215 (3) (b) of the statutes is amended to read:
AB21,1397,1814 230.215 (3) (b) If the director administrator, upon review of the report
15submitted under sub. (4), determines that an agency's past or proposed actions
16relating to permanent part-time employment opportunities do not adequately
17reflect the policy under sub. (1) (e), the director administrator may recommend
18procedures designed to enable the agency to effect such policy.
AB21,3734 19Section 3734. 230.215 (4) of the statutes is amended to read:
AB21,1397,2320 230.215 (4) Reports. Each agency, in complying with s. 15.04 (1) (d), shall
21include a report on the progress or failure of the plans of such agency in achieving
22the policies stated under sub. (1) and shall submit a copy of such report to the director
23administrator.
AB21,3735 24Section 3735. 230.22 of the statutes is amended to read:
AB21,1398,3
1230.22 Entry professional selection. (1) The director administrator may
2establish by rule an entry professional class program for use in a wide range of entry
3professional positions.
AB21,1398,7 4(2) In connection with this program the director administrator may establish
5separate classifications and corresponding pay provisions to provide agencies an
6entry professional program, through which they can compete on campuses and in the
7labor market for the best available applicants.
AB21,1398,12 8(3) Subject to s. 230.275, the administrator director may establish separate
9recruitment, evaluation and certification procedures for certain entry professional
10positions. Vacancies in entry professional positions may be limited to persons with
11a degree from an institution of higher education, as defined in s. 108.02 (18), or a
12degree under an associate degree program, as defined in s. 38.01 (1).
AB21,1398,16 13(4) The administrator director may provide for cooperative programs leading
14to eligibility for permanent appointment in order to enable institutions of higher
15education and agencies to attract and train the highest caliber of undergraduate or
16graduate students for government employment.
AB21,3736 17Section 3736. 230.24 (1) of the statutes is amended to read:
AB21,1399,518 230.24 (1) The director administrator may by rule develop a career executive
19program that emphasizes excellence in administrative skills in order to provide
20agencies with a pool of highly qualified executive candidates, to provide outstanding
21administrative employees a broad opportunity for career advancement and to
22provide for the mobility of such employees among the agencies and units of state
23government for the most advantageous use of their managerial and administrative
24skills. To accomplish the purpose of this program, the administrator director may
25provide policies and standards for recruitment, examination, probation,

1employment register control, certification, transfer, promotion and reemployment,
2and the director may provide policies and standards for classification and salary
3administration, separate from procedures established for other employment. The
4director administrator shall determine the positions which may be filled from career
5executive employment registers.
AB21,3737 6Section 3737. 230.24 (1m) of the statutes is amended to read:
AB21,1399,107 230.24 (1m) The policy established by the administrator director under sub.
8(1) that deals with probation shall provide the option of extending the probationary
9period for individuals with disabilities, as defined in s. 111.32 (8), who are employees
10in a manner consistent with s. 230.28 (1) (bm).
AB21,3738 11Section 3738. 230.25 (1) of the statutes is amended to read:
AB21,1399,2312 230.25 (1) Appointing authorities shall give written notice to the administrator
13director of any vacancy to be filled in any position in the classified service. The
14administrator director shall certify, under this subchapter and the rules of the
15administrator director, from the register of eligibles appropriate for the kind and
16type of employment, the grade and class in which the position is classified, any
17number of names at the head thereof. In determining the number of names to certify,
18the administrator director shall use statistical methods and personnel management
19principles that are designed to maximize the number of certified names that are
20appropriate for filling the specific position vacancy. Up to 2 persons considered for
21appointment 3 times and not selected may be removed from the register for each 3
22appointments made. Certification under this subsection shall be made before
23granting any preference under s. 230.16 (7).
AB21,3739 24Section 3739. 230.25 (1g) of the statutes is amended to read:
AB21,1400,4
1230.25 (1g) For every position to be filled by promotion from a promotional
2register, the administrator director shall, after certifying names under sub. (1),
3additionally certify the name of the highest ranked disabled veteran whose disability
4is at least 70%.
AB21,3740 5Section 3740. 230.25 (1n) (a) (intro.) of the statutes is amended to read:
AB21,1400,86 230.25 (1n) (a) (intro.) After certifying names under subs. (1), (1g) and (1m),
7the administrator director may engage in expanded certification by doing one or
8more of the following:
AB21,3741 9Section 3741. 230.25 (1n) (b) of the statutes is amended to read:
AB21,1400,1410 230.25 (1n) (b) The administrator director may certify names under par. (a) 1.
11or 2. only if an agency requests expanded certification in order to comply with an
12approved affirmative action plan or program. The administrator director may certify
13names under par. (a) 3. only if an agency requests expanded certification in order to
14hire persons with a disability.
AB21,3742 15Section 3742. 230.25 (1p) of the statutes is amended to read:
AB21,1400,2416 230.25 (1p) If an appointing authority appoints a person certified under this
17section and the person is not a veteran, the spouse of a veteran or a person the hiring
18of whom would serve affirmative action purposes, the appointing authority shall
19make and retain a written record of the appointing authority's reasons for selecting
20the person who was appointed. The appointing authority shall make the written
21records available to the office division and annually submit a report to the office
22division summarizing the reasons contained in the written records. The office
23division shall annually prepare a report summarizing, for each agency, the reasons
24contained in the records prepared by appointing authorities under this subsection.
AB21,3743 25Section 3743. 230.25 (2) of the statutes is amended to read:
AB21,1401,6
1230.25 (2) (a) When certifying names to appointing authorities under this
2section, the administrator director shall specify whether the certification includes
3qualifying veterans or persons the hiring of whom would serve affirmative action
4purposes, without divulging the names of those individuals. The administrator
5director shall not disclose any applicant's test score, with or without the addition of
6veterans preference points under s. 230.16 (7), to the appointing authority.
AB21,1401,167 (b) Unless otherwise provided in this subchapter or the rules of the
8administrator director, appointments shall be made by appointing authorities to all
9positions in the classified service from among those certified to them in accordance
10with this section. Appointments shall be made within 60 days after the date of
11certification unless an exception is made by the administrator director. If an
12appointing authority does not make an appointment within 60 days after
13certification, he or she shall immediately report in writing to the administrator
14director the reasons therefor. If the administrator director determines that the
15failure to make an appointment is not justified under the merit system, the
16administrator director shall issue an order directing that an appointment be made.
AB21,3744 17Section 3744. 230.25 (3) (b) of the statutes is amended to read:
AB21,1401,2118 230.25 (3) (b) The administrator director may allow a register to expire after
193 months, but only after considering the impact of such an action on the policy of this
20state to provide for equal employment opportunity and to take affirmative action, as
21specified in s. 230.01 (2).
AB21,3745 22Section 3745. 230.25 (4) of the statutes is amended to read:
AB21,1402,223 230.25 (4) (a) The administrator director may establish a new and separate
24register for a specific position or class only when in the administrator's director's

1judgment there is no appropriate existing register from which appointments may be
2made.
AB21,1402,53 (b) The administrator director may establish separate registers for various
4geographic areas of the state if the needs of the service so require, provided proper
5publicity has been given of the intent to establish such registers.
AB21,3746 6Section 3746. 230.25 (5) of the statutes is amended to read:
AB21,1402,147 230.25 (5) Notwithstanding sub. (2) (a), if an appointing authority elects to
8appoint a disabled veteran to a vacant position on a noncompetitive basis under s.
9230.275 and the appointing authority has requested a certification for the position,
10the administrator director shall provide the appointing authority the names of all
11disabled veterans certified for appointment to the position and who satisfy the
12condition specified in s. 230.275 (1) (a) and the names of all such disabled veterans
13who are on any other employment register that is identified by the appointing
14authority.
AB21,3747 15Section 3747. 230.26 (1) of the statutes is amended to read:
AB21,1402,1816 230.26 (1) The administrator director may provide by rule for selection and
17appointment for limited term appointments, which are provisional appointments or
18appointments for less than 1,044 hours per year.
AB21,3748 19Section 3748. 230.26 (1m) of the statutes is amended to read:
AB21,1402,2220 230.26 (1m) An appointing authority may not appoint a person who is not a
21state resident to a limited term appointment unless approved by the administrator
22director.
AB21,3749 23Section 3749. 230.26 (2) of the statutes is amended to read:
AB21,1403,1124 230.26 (2) If there are urgent reasons for filling a vacancy in any position in
25the classified service and the administrator director is unable to certify to the

1appointing authority, upon requisition by the latter, a list of persons eligible for
2appointment from an appropriate employment register, the appointing authority
3may nominate a person to the administrator director for noncompetitive
4examination. If the nominee is certified by the administrator director as qualified,
5the nominee may be appointed provisionally to fill the vacancy until an appointment
6can be made from a register established after announcement of competition for the
7position, except that no provisional appointment may be continued for more than 45
8working days after the date of certification from the register. Successive
9appointments may not be made under this subsection. This subsection does not
10apply to a person appointed to a vacant position in the classified service under s.
11230.275.
AB21,3750 12Section 3750. 230.26 (5) of the statutes is amended to read:
AB21,1403,1613 230.26 (5) If the administrator director determines that an agency is not in
14compliance with the requirements of, or rules related to, sub. (1), (1m) or (2)
15regarding a particular employee, the administrator director shall direct the
16appointing authority to terminate the employee.
AB21,3751 17Section 3751. 230.27 (1m) (b) of the statutes is amended to read:
AB21,1403,2118 230.27 (1m) (b) The administrator director may waive the prohibition under
19par. (a) if there is a critical need for employees in a specific classification or position
20or a critical shortage of residents of this state possessing the skills or qualifications
21required for a position.
AB21,3752 22Section 3752. 230.27 (2) of the statutes is amended to read:
AB21,1403,2423 230.27 (2) Subject to s. 230.275, the administrator director may provide by rule
24for the selection and appointment of a person to a project position.
AB21,3753 25Section 3753. 230.27 (2k) of the statutes is amended to read:
AB21,1404,9
1230.27 (2k) If an appointing authority selects, for a project position, a person
2who is not a veteran or is not a person the hiring of whom would serve affirmative
3action purposes, the appointing authority shall make and retain a written record of
4the appointing authority's reasons for selecting the person who was appointed. The
5appointing authority shall make the written records available to the office division
6and annually submit a report to the office division summarizing the reasons
7contained in the written records. The office division shall annually prepare a report
8summarizing, for each agency, the information submitted by appointing authorities
9under this subsection.
AB21,3754 10Section 3754. 230.275 (1) (d) of the statutes is amended to read:
AB21,1404,1311 230.275 (1) (d) The appointing authority notifies the administrator director in
12writing that the position is to be filled with a disabled veteran on a noncompetitive
13basis.
AB21,3755 14Section 3755. 230.28 (1) (a) of the statutes is amended to read:
AB21,1405,215 230.28 (1) (a) All original and all promotional appointments to permanent,
16sessional and seasonal positions, with the exception of those positions designated as
17supervisor or management under s. 111.81, in the classified service shall be for a
18probationary period of 6 months, but the administrator director at the request of the
19appointing authority and in accordance with the rules related thereto may extend
20any such period for a maximum of 3 additional months. Dismissal may be made at
21any time during such periods. Upon such dismissal, the appointing authority shall
22report to the administrator director and to the employee removed, the dismissal and
23the reason therefor. The administrator director may remove an employee during the
24employee's probationary period if the administrator director finds, after giving notice

1and an opportunity to be heard, that such employee was appointed as a result of
2fraud or error.
AB21,3756 3Section 3756. 230.28 (1) (b) of the statutes is amended to read:
AB21,1405,84 230.28 (1) (b) The administrator director may authorize a longer probationary
5period not to exceed 2 years for any administrative, technical or professional
6position, in order to provide the appointing authority assurance that the employee
7has had adequate exposure to the various responsibilities which are a part of the
8position or classification.
AB21,3757 9Section 3757. 230.28 (1) (bm) (intro.) of the statutes is amended to read:
AB21,1405,1410 230.28 (1) (bm) (intro.) At the request of an appointing authority and an
11employee, the administrator director may authorize, at any time before the
12completion of the probationary period, an extended probationary period of up to one
13additional year for an individual with a disability, as defined in s. 111.32 (8), who is
14the employee to allow the employee to do any of the following:
AB21,3758 15Section 3758. 230.28 (1) (c) of the statutes is amended to read:
AB21,1405,1816 230.28 (1) (c) Upon request by the appointing authority, the administrator
17director may waive any portion of the lengthened probationary period but in no case
18before a 6-month probationary period has been served.
AB21,3759 19Section 3759. 230.28 (3) of the statutes is amended to read:
AB21,1405,2320 230.28 (3) If an employee is removed from a position during the probationary
21period, and the administrator director determines that the person is suitable for
22appointment to another position, the person's name may be restored to the list from
23which it was certified.
AB21,3760 24Section 3760. 230.28 (4) of the statutes is amended to read:
AB21,1406,9
1230.28 (4) A person reinstated in an employing unit other than one in which
2the person previously served in permanent status in the class in which the person
3is being reinstated, an employee who transfers from one employing unit to another,
4an employee who moves to a different employing unit in conjunction with a voluntary
5demotion, and a person who had not obtained permanent status in class in a
6supervisory or management position prior to appointment to another supervisory or
7management position, may be required by the appointing authority to serve a
8probationary period. Provisions for the duration of such probationary period shall
9be provided in the rules of the administrator director.
AB21,3761 10Section 3761. 230.29 of the statutes is amended to read:
AB21,1406,12 11230.29 Transfers. A transfer may be made from one position to another only
12if specifically authorized by the administrator director.
AB21,3762 13Section 3762. 230.30 (1) of the statutes is amended to read:
AB21,1406,2514 230.30 (1) Each agency shall constitute an employing unit for purposes of
15personnel transactions, except where appropriate functional, organizational or
16geographic breakdowns exist within the agency and except as provided in sub. (2).
17These breakdowns may constitute a separate employing unit for one or more types
18of personnel transactions under an overall employing unit plan if requested by the
19appointing authority of that agency and approved by the administrator director. If
20the administrator director determines, after conferring with the appointing
21authority of the employing agency, that an employing unit is or has become
22inappropriate to carry out sound personnel management practices due to factors
23including, but not limited to, the size or isolated location of portions of the employing
24unit, the administrator director may revise the employing unit structure of the
25agency to effect the remedy required.
AB21,3763
1Section 3763. 230.31 (1) (b) of the statutes is amended to read:
AB21,1407,62 230.31 (1) (b) For a 3-year period from the date of separation, if on layoff status,
3the person shall be placed, in inverse order of layoff, on an appropriate mandatory
4restoration register for the unit used for layoff and on a restoration register for the
5agency from which the person was laid off. Use of such registers shall be subject to
6the rules of the administrator director.
AB21,3764 7Section 3764. 230.31 (2) of the statutes is amended to read:
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