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

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Date Published: 06/15/2017 04:00 AM
AB349:v95#DOCUMENT

Amended  IN  Senate  June 14, 2017
Amended  IN  Senate  June 05, 2017
Amended  IN  Assembly  April 19, 2017
Amended  IN  Assembly  March 22, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 349


Introduced by Assembly Members McCarty, Gonzalez Fletcher, and Nazarian

February 08, 2017


An act to add Article 4.5 (commencing with Section 18980) to Chapter 4 of Part 2 of Division 5 of Title 2 of the Government Code, relating to civil service.


LEGISLATIVE COUNSEL'S DIGEST


AB 349, as amended, McCarty. Civil service: preference: special immigrant visa holder.
Existing provisions of the State Civil Service Act require that, whenever any veteran, widow or widower of a veteran, or spouse of a 100% disabled veteran achieves a passing score on an entrance examination, he or she be ranked in the top rank of the resulting civil service eligibility list.
This bill would, except as described above, require any would require a person who assisted the United States military and was issued a specified special immigrant visa also to and who achieves a passing score on an entrance examination to be ranked in the top of the resulting eligibility list if he or she achieves a passing score on an entrance examination. unless a veteran, widow, or widower of a veteran, or the spouse of a 100% disabled veteran is in the top rank pursuant to the provisions described above, in which case, the special immigrant visa holder shall be ranked in the next highest rank.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 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

18980.
 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).

18981.
 Except as provided in Section 18973.1, whenever 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. 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.

18982.
 (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.

18983.
 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.

18984.
 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.