Amendment SA2-AB748

AB748-SA2,37,25 c. A statement that the employer is prohibited from requiring that a prospective employee's current or prior compensation meet certain criteria in order for the prospective employee to be considered for employment.

AB748-SA2,38,2 d. Information, or a hyperlink to information, regarding prohibited bases of discrimination under subch. II of ch. 111.

AB748-SA2,38,4 (b) Any employer who violates par. (a) shall forfeit not more than $100 for each offense.

AB748-SA2,38,11 (5) Statewide concern. (a) The legislature finds that this section is a matter of statewide concern and that the enactment of an ordinance by a city, village, town, or county regulating employment compensation information would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this section. Therefore, this section shall be construed as an enactment of statewide concern for the purpose of providing uniform regulation throughout the state regarding employment compensation information.”.

AB748-SA2,38,12 18. Page 6, line 20: delete “(3) (a)" and substitute “(b)".

AB748-SA2,38,13 19. Page 6, line 23: delete “(b)" and substitute “(bm)".

AB748-SA2,38,15 20. Page 7, line 2: after that line, on page 2, line 23, of the material inserted by assembly amendment 4, delete “this subsection" and substitute “par. (b) or (bm)".

AB748-SA2,38,16 21. Page 7, line 3: delete “104.001 (3)" and substitute “104.001".

AB748-SA2,38,17 22. Page 7, line 3: after that line insert:

AB748-SA2,38,18 “ Section 6m. 106.54 (11) of the statutes is created to read:

AB748-SA2,38,21 106.54 (11) The division shall receive complaints under s. 103.135 (1) (a) and (2) (a) to (c) and shall process the complaints in the same manner that employment discrimination complaints are processed under s. 111.39.”.

AB748-SA2,38,22 23. Page 7, line 17: before that line insert:

AB748-SA2,39,1 “ Section 7g. 111.322 (2m) (a) of the statutes is amended to read:

AB748-SA2,39,5 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.035, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB748-SA2,7r Section 7r. 111.322 (2m) (b) of the statutes is amended to read:

AB748-SA2,39,10 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.035, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.”.

AB748-SA2,39,11 24. Page 8, line 7: after that line insert:

AB748-SA2,39,12 “ Section 9g. 111.322 (2m) (a) of the statutes is amended to read:

AB748-SA2,39,16 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.135, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB748-SA2,9r Section 9r. 111.322 (2m) (b) of the statutes is amended to read:

AB748-SA2,39,21 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.135, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.”.

AB748-SA2,39,22 25. Page 8, line 8: before that line insert:

AB748-SA2,39,23 “ Section 9g. 111.322 (2m) (a) of the statutes is amended to read:

AB748-SA2,40,4 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.105, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB748-SA2,9r Section 9r. 111.322 (2m) (b) of the statutes is amended to read:

AB748-SA2,40,9 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.105, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.”.

AB748-SA2,40,10 26. Page 8, line 11: after that line insert:

AB748-SA2,40,11 “ Section 2. 230.01 (2) (bm) of the statutes is repealed.

AB748-SA2,3 Section 3. 230.01 (2) (bp) of the statutes is repealed.

AB748-SA2,4 Section 4. 230.04 (13m) of the statutes is repealed.

AB748-SA2,5 Section 5. 230.04 (14) of the statutes is amended to read:

AB748-SA2,40,17 230.04 (14) Except as provided in s. 230.445, the The administrator shall establish, by rule, the scope and minimum requirements of a state employee grievance procedure relating to conditions of employment.

AB748-SA2,6 Section 6. 230.04 (19) of the statutes is repealed.

AB748-SA2,7 Section 7. 230.046 (2) of the statutes is amended to read:

AB748-SA2,41,4 230.046 (2) Supervisory training. After initial appointment to a supervisory position, each appointing authority shall ensure that each classified service supervisor successfully completes a supervisory development program. A waiver of any part of the probationary period under s. 230.28 (1) (c) may not be granted before completion of the development program. The program shall include such subjects as state personnel policies, grievance handling, discipline, performance evaluation, understanding the concerns of state employees with children, the supervisor's role in management and the concept of the total quality leadership process, including quality improvement through participatory management.

AB748-SA2,8 Section 8. 230.05 (7) of the statutes is amended to read:

AB748-SA2,41,8 230.05 (7) The director shall use techniques and procedures designed to certify eligible applicants to any vacant permanent position within 30 45 days after the filing of an appropriate request by an appointing authority.

AB748-SA2,9 Section 9. 230.05 (10) of the statutes is repealed.

AB748-SA2,10 Section 10. 230.06 (1) (m) of the statutes is repealed.

AB748-SA2,11 Section 11. 230.06 (4) of the statutes is repealed.

AB748-SA2,12 Section 12. 230.08 (2) (c) of the statutes is amended to read:

AB748-SA2,41,22 230.08 (2) (c) The director, associate director, and state historian of the historical society; and, with the approval of the board of curators and the administrator, such number of specialists as are required by the society for specific research, writing, collecting, or editing projects which for a limited period of time not to exceed 2 years, renewable at the discretion of the board of curators and the administrator for an additional 2-year period, require persons with particular training or experience in a specialized phase or field of history, historical research, writing, collecting, or editing, and any persons whose entire salary is paid from funds reappropriated to the society by s. 20.245 (1) (r) where a competitive process examination is impractical.

AB748-SA2,13 Section 13. 230.12 (1) (h) of the statutes is amended to read:

AB748-SA2,42,2 230.12 (1) (h) Other pay, benefits, and working conditions. The compensation plan may include other provisions relating to pay, benefits, and working conditions that shall supersede the provisions of the civil service and other applicable statutes and rules promulgated by the director and the administrator.

AB748-SA2,14 Section 14. 230.13 (1) (a) of the statutes is amended to read:

AB748-SA2,42,5 230.13 (1) (a) Evaluations Examination scores and ranks and other evaluations of applicants, including any examination scores and rankings.

AB748-SA2,15 Section 15. 230.13 (3) (b) of the statutes is amended to read:

AB748-SA2,42,10 230.13 (3) (b) The administrator director and the director administrator may provide any agency with personnel information relating to the hiring and recruitment process, including specifically examination scores and ranks and other evaluations of applicants.

AB748-SA2,16 Section 16. 230.13 (3) (c) of the statutes is repealed.

AB748-SA2,17 Section 17. 230.15 (1) of the statutes is amended to read:

AB748-SA2,42,18 230.15 (1) Subject to the restriction under s. 230.143, appointments to, and promotions in, the classified service shall be made only according to merit and fitness, which shall be ascertained so far as practicable by competitive procedures examinations. The director may waive competitive procedures examinations for appointments made under subs. (1m) and (2) and shall waive competitive procedures examinations for appointments made under sub. (2m).

AB748-SA2,18 Section 18. 230.15 (1m) (c) 1. of the statutes is amended to read:

AB748-SA2,42,23 230.15 (1m) (c) 1. Whenever a position is included in the classified service under par. (a), the director may waive the requirement for competitive procedures examinations under sub. (1) with respect to the position and certify the incumbent employee for appointment to the position in accordance with subd. 2.

AB748-SA2,19 Section 19. 230.15 (6) of the statutes is repealed.

AB748-SA2,20 Section 20. 230.15 (7) of the statutes is repealed.

AB748-SA2,21 Section 21. 230.16 (title) of the statutes is amended to read:

AB748-SA2,43,2 230.16 (title) Applications and selection processes examinations.

AB748-SA2,22 Section 22. 230.16 (1) (a) of the statutes is amended to read:

AB748-SA2,43,7 230.16 (1) (a) The director shall require persons applying for a position in the classified service admission to any examination under this subchapter or under the rules of the director to file an application and resume with the bureau a reasonable time prior to the proposed examination.

AB748-SA2,23 Section 23. 230.16 (1) (ap) of the statutes is repealed.

AB748-SA2,24 Section 24. 230.16 (2) of the statutes is amended to read:

AB748-SA2,43,15 230.16 (2) The selection process for a position in the civil service Competitive examinations shall be free and open to all applicants who have fulfilled the preliminary requirements stated in the position examination announcement. To assure that all applicants have a fair opportunity to compete, competitive procedures examinations shall be scheduled in a manner that most nearly meet the convenience of applicants and needs of the service, as determined by the director.

AB748-SA2,25 Section 25. 230.16 (3) of the statutes is amended to read:

AB748-SA2,43,23 230.16 (3) The director may appoint boards of evaluators examiners of at least 2 persons, one of which is selected by the bureau and one of which is a representative of the appointing authority, for the purpose of conducting oral evaluations examinations as a part of the hiring examination procedure for certain positions. All evaluators board members shall be well-qualified and impartial. All questions asked and answers made in any oral evaluation examination of applicants shall be recorded and made a part of the applicant's records.

AB748-SA2,26 Section 26. 230.16 (4) of the statutes is amended to read:

AB748-SA2,44,5 230.16 (4) All selection criteria examinations, including minimum training and experience requirements, for positions in the classified service shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the director. All relevant experience, whether paid or unpaid, shall satisfy experience requirements.

AB748-SA2,27 Section 27. 230.16 (5) of the statutes is amended to read:

AB748-SA2,44,15 230.16 (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.

AB748-SA2,28 Section 28. 230.16 (6) of the statutes is amended to read:

AB748-SA2,44,20 230.16 (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.

AB748-SA2,29 Section 29. 230.16 (7m) (b) 4. of the statutes is amended to read:

AB748-SA2,44,24 230.16 (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.

AB748-SA2,30 Section 30. 230.16 (7m) (c) of the statutes is created to read:

AB748-SA2,45,2 230.16 (7m) (c) Within 30 days after acceptance of an application under par. (b), the administrator shall give the applicant an examination.

AB748-SA2,31 Section 31. 230.16 (9) of the statutes is created to read:

AB748-SA2,45,6 230.16 (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.

AB748-SA2,32 Section 32. 230.16 (10) of the statutes is amended to read:

AB748-SA2,45,11 230.16 (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.

AB748-SA2,33 Section 33. 230.16 (11) of the statutes is amended to read:

AB748-SA2,45,14 230.16 (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.

AB748-SA2,34 Section 34. 230.17 (1) of the statutes is amended to read:

AB748-SA2,45,21 230.17 (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.

AB748-SA2,35 Section 35. 230.17 (2) of the statutes is amended to read:

AB748-SA2,46,10 230.17 (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.

AB748-SA2,36 Section 36. 230.18 of the statutes is amended to read:

AB748-SA2,46,22 230.18 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.

AB748-SA2,37 Section 37. 230.19 of the statutes is repealed and recreated to read:

AB748-SA2,47,2 230.19 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.

AB748-SA2,47,13 (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.