Today's Law As Amended


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AB-372 Civil service: veterans’ preference in hiring. (2013-2014)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares the following:
(a) Though unemployment has fallen among veterans nationwide, the unemployment rate of veterans of post-9/11 conflicts is 11.1 percent, exceeding the 7 percent unemployment rate of the general population.
(b) Educational attainment of veterans continues to rise, and there has been a significant increase in the post-9/11 era in the proportion of veterans who have completed bachelor’s degrees.
(c) The percentage of veterans in California with bachelor’s degrees exceeds the national average.
(d) Veterans tend to be enrolled in college at older ages than nonveterans, and are thus older than nonveterans when they enter the educated workforce.
(e) It is the intent of the Legislature in enacting this act to expand employment opportunities for veterans and to improve the application of veterans’ preferences in state hiring.

SEC. 2.

 Section 18971 of the Government Code is repealed.

SEC. 3.

 Section 18972 of the Government Code is repealed.

SEC. 4.

 Section 18973 of the Government Code is repealed.

18973.
 For purposes of this article, the following definitions shall apply:
(a) “Veteran” has the same meaning as defined in Section 18540.4.
(b) “Disabled veteran” has the same meaning as defined in Section 18541.
(c) “100 percent disabled veteran” means any veteran as defined in this section who is currently declared by the United States Veterans Administration to be 100 percent disabled as a result of his or her service.

SEC. 5.

 Section 18973 is added to the Government Code, to read:

18973.
 For purposes of this article, the following definitions shall apply:
(a) “Veteran” has the same meaning as defined in Section 18540.4.
(b) “Disabled veteran” has the same meaning as defined in Section 18541.
(c) “100 percent disabled veteran” means any veteran as defined in this section who is currently declared by the United States Veterans Administration to be 100 percent disabled as a result of his or her service.

SEC. 6.

 Section 18973.1 of the Government Code is repealed.

18973.1.
 Whenever any veteran, widow or widower of a veteran, or spouse of a 100 percent disabled veteran achieves a passing score on an entrance examination, he or she shall be ranked in the top rank of the resulting eligibility list. This section shall not apply to any veteran who has been dishonorably discharged or released.

SEC. 7.

 Section 18973.1 is added to the Government Code, to read:

18973.1.
 Whenever any veteran, widow or widower of a veteran, or spouse of a 100 percent disabled veteran achieves a passing score on an entrance examination, he or she shall be ranked in the top rank of the resulting eligibility list. This section shall not apply to any veteran who has been dishonorably discharged or released.

SEC. 8.

 Section 18973.5 of the Government Code is amended to read:

18973.5.
 (a) For purposes of this article, an entrance examination is any open competitive examination.
(b) No veterans’ preference under this article shall be awarded to permanent civil service employees.

SEC. 9.

 Section 18974 of the Government Code is repealed.

SEC. 10.

 Section 18974.5 of the Government Code is amended to read:

18974.5.
 Any member of the Armed Forces who successfully passes any state civil service examination and whose name as a result is placed on an employment list and who within 12 months after the establishment of the employment list for which the examination was given qualifies for veterans’ preference as provided for in this article shall be allowed the appropriate veterans’ credit to the same effect as though he or she were entitled to that credit at the time of the establishing of the employment list.

SEC. 11.

 Section 18975 of the Government Code is amended to read:

18975.
 Periods of service in the recognized military service shall be counted by the department and designated appointing authority  as qualifying experience upon a showing by the veteran that the veteran’s service involved duties and responsibilities of the kind for which credit for experience is being allowed.

SEC. 12.

 Section 18976 of the Government Code is amended to read:

18976.
 (a)  Request for and proof of eligibility for veterans’ preference shall be submitted by the veteran to the department or designated appointing authority conducting the employment examination. The procedures and time of filing the request shall be subject to rules promulgated by the department, in consultation with the Department of Veterans Affairs.
(b) Subject to rules promulgated by the department pursuant to subdivision (a), in order to facilitate a request for veterans’ preference from a currently serving active duty member of the United States Armed Forces, the department or designated appointing authority may use a document signed by an applicant’s commanding officer of the military to verify that applicant’s military service. The department or designated appointing authority, before the applicant enters state service with the benefit of the veterans’ preference, shall require the same proof of eligibility for veterans’ preference used for veterans under subdivision (a).

SEC. 13.

 Section 18977 of the Government Code is amended to read:

18977.
 Where experience is required as a minimum qualification for any civil service examination, a person, who is or has been on military leave from a state civil service or exempt position or from a position in any federal or other public agency the functions of which as they relate to the position have been transferred to the state shall be granted full credit for time spent on that military leave, as if he or she had remained in the position he held at the time he or she entered the military service.

SEC. 14.

 Section 18978 of the Government Code is repealed.