STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1985	By:	Hoskin

AS INTRODUCED

An Act relating to state government; amending 74 O.S. 2001, Section 840-4.14, as amended by Section 1, Chapter 81, O.S.L. 2004 (74 O.S. Supp. 2010, Section 840-4.14), which relates to the Oklahoma Personnel Act; providing preference for certain persons; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     74 O.S. 2001, Section 840-4.14, as amended by Section 1, Chapter 81, O.S.L. 2004 (74 O.S. Supp. 2010, Section 840-4.14), is amended to read as follows:
Section 840-4.14  A.  In establishing employment lists of eligible persons for competitive and noncompetitive appointment, certain preferences shall be allowed for honorably discharged veterans as defined by Section 67.13a and Section 67.13b of Title 72 of the Oklahoma Statutes.  In determination of the register rank:
1.  Five points shall be added to the final grade of any person who has passed the examination and has submitted proof of having status as a veteran or unremarried surviving spouse of a veteran;
2.  Five points shall be added to the final grade of any person who has passed the examination and has submitted proof of having status as a spouse of a veteran who is unemployable due to a service-connected disability as certified by the Veterans Administration or agency of the Defense Department within six (6) months of date of application; and
3.  Five points shall be added to the final grade of any person who has passed the examination and has submitted proof of having status as a spouse of a person killed in action, or died as a result of injuries sustained, while on active duty in the armed forces of the United States, as certified by the Veterans Administration or agency of the Defense Department within six (6) months of date of application; and
4.  Ten points shall be added to the final grade of any veteran who has passed the examination and has submitted proof of having a service-connected disability as certified by the Veterans Administration or agency of the Defense Department within six (6) months of date of application.  Such veterans’ names shall be placed at the top of the register in accordance with their numerical rating if in receipt of benefits payable at the rate of thirty percent (30%) or more and such veterans shall not be denied employment and passed over for other veterans or nonveterans, without showing cause.  Acceptable cause shall include a reasonable expectation of the inability of the preferenced applicant to satisfactorily perform at the required level of the position and shall be reviewed in each instance by the Administrator of the Office of Personnel Management.  If the Administrator finds that acceptable cause for the denial of employment to the preferenced applicant does not exist, the appointing authority shall be required to hire the preferenced applicant.  The position shall not be permanently filled until the Administrator has issued his findings.
B.  War veterans, as defined by Section 67.13a of Title 72 of the Oklahoma Statutes, who have been awarded the Purple Heart or have a service-incurred disability rated by the Veterans Administration or a branch of the Armed Forces of the United States and who have been a resident of Oklahoma for at least one (1) year prior to the date of the examination, shall be authorized to open any closed register established by the Merit System of Personnel Administration.
C.  Subsection A of this section shall not apply to special disabled veterans who are considered for employment under the provisions of Sections 401 through 404 of Title 72 of the Oklahoma Statutes.  Provided, said veterans may elect instead to be considered for employment according to the procedures set out in this section.
SECTION 2.  This act shall become effective November 1, 2011.

53-1-5686	LRB	01/03/11