Bill Text: CA AB372 | 2013-2014 | Regular Session | Chaptered
Bill Title: Civil service: veterans' preference in hiring.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2013-08-12 - Chaptered by Secretary of State - Chapter 75, Statutes of 2013. [AB372 Detail]
Download: California-2013-AB372-Chaptered.html
BILL NUMBER: AB 372 CHAPTERED
BILL TEXT
CHAPTER 75
FILED WITH SECRETARY OF STATE AUGUST 12, 2013
APPROVED BY GOVERNOR AUGUST 12, 2013
PASSED THE SENATE JULY 1, 2013
PASSED THE ASSEMBLY MAY 16, 2013
AMENDED IN ASSEMBLY APRIL 8, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Eggman
FEBRUARY 14, 2013
An act to amend Sections 18973.5, 18974.5, 18975, 18976, and 18977
of, to repeal Sections 18971, 18972, 18974,and 18978 of, and to
repeal and add Sections 18973 and 18973.1 of, the Government Code,
relating to civil service.
LEGISLATIVE COUNSEL'S DIGEST
AB 372, Eggman. Civil service: veterans' preference in hiring.
The State Civil Service Act contains various provisions providing
for veterans' credits in relation to any open competitive entrance
examination.
Existing law requires that veterans, widows or widowers of
veterans, and spouses of 100% disabled veterans, who become eligible
for certification from eligible lists by attaining a passing mark, be
allowed specified additional credits. Existing law provides that
veterans who become eligible by attaining a passing mark are required
to be classified ahead of all nonveterans with respect to entrance
examinations to establish eligible lists for policemen and watchmen.
Existing law also authorizes general or individual preference in
ratings to veterans who have suffered permanent disability in the
line of duty subject to certain requirements. Existing law requires
credit to be added to the percentage attained in the examination by
the veteran, widow or widower, requires the name of each to be placed
on the eligible list after the credit has been added, and requires
ties to be decided in favor of veterans and widows or widowers of
veterans. Under existing law, for any entrance examination held to
fill a vacancy, a veteran who becomes eligible for certification from
eligible lists by attaining the passing mark is required to receive
certain credits.
This bill would delete the credit provisions and would revise and
recast the provisions governing veterans' preference. The bill would
instead provide 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 is required to be ranked
in the top rank of the resulting eligibility list, except if the
veteran was dishonorably discharged or released.
For purposes of allowing preference points to veterans for civil
service entrance examinations, existing law defines an entrance
examination to include any open competitive examination other than
one for a class having a requirement of both college graduation and 2
or more years of experience.
This bill would delete the provision that excludes those
examinations for a class having a requirement of both college
graduation and 2 or more years of experience from the definition of
an entrance examination for purposes of allowing preference points
for veterans, as specified.
Existing law requires the request for and proof of eligibility for
veterans' preference credits to be submitted by the veteran to the
department conducting the employment examination.
This bill would authorize that eligibility to be submitted to the
designated appointing authority conducting the employment
examination.
The bill would make findings and declarations in this regard.
The bill would also make other technical and conforming changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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.
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.
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 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. 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.
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.
