Today's Law As Amended

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AB-349 Civil service: preference: special immigrant visa holder.(2017-2018)


 Article 4.5 (commencing with Section 18980) is added to Chapter 4 of Part 2 of Division 5 of Title 2 of the Government Code, to read:

Article  4.5. Special Immigrant Visa Holder’s Preference
 For purposes of this article, “SIV holder” means any person who assisted the United States military and was issued a special immigrant visa pursuant to Section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163) or Section 1244 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181).
 Whenever an SIV holder achieves a passing score on an entrance examination, he or she shall be ranked in the top rank of the resulting eligibility list unless a veteran, widow, or widower of a veteran, or the spouse of a 100 percent disabled veteran is in the top rank pursuant to Section 18973.1, in which case, the SIV holder shall be ranked in the next highest rank.
 (a) For purposes of this article, an entrance examination is any open competitive examination.
(b) No SIV preference under this article shall be awarded to permanent civil service employees.
 An SIV holder 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 qualified for SIV preference as provided for in this article shall be allowed the appropriate SIV credit to the same effect as though he or she were entitled to that credit at the time of the establishment of the employment list.
 Request for and proof of eligibility for SIV holder preference shall be submitted by the SIV holder to the department or to the designated appointing authority conducting the employment examination. The procedures and time of filing the request shall be subject to rules promulgated by the department.