Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 372


Introduced by Assembly Member Eggman

February 14, 2013


An act to amendbegin delete Section 18973.5end deletebegin insert Sections 18973.5, 18974.5, 18975, 18976, and 18977 of, to repeal Sections 18971, 18972, 18974, 18978, and 18979 of, and to repeal and add Sections 18973 and 18973.1end insert ofbegin insert,end insert the Government Code, relating to civil service.

LEGISLATIVE COUNSEL’S DIGEST

AB 372, as amended, Eggman. Civil service: veterans’ preference in hiring.

begin insert

The State Civil Service Act contains various provisions providing for veterans’ credits in relation to any open competitive entrance examination.

end insert
begin insert

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.

end insert
begin insert

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.

end insert

begin deleteExisting civil service law requires that veterans be allowed preference points for civil service entrance examinations, as specified. end deleteFor purposes of allowing preference points to veteransbegin insert for civil service entrance examinationsend insert, 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.begin delete The bill would make findings and declarations in this regard.end delete

begin insert

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.

end insert
begin insert

This bill would authorize such eligibility to be submitted to the designated appointing authority conducting the employment examination.

end insert
begin insert

The bill would make other technical and conforming changes.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 18971 of the end insertbegin insertGovernment Codeend insertbegin insert is
2repealed.end insert

begin delete
3

18971.  

In the case of entrance examinations to establish eligible
4lists for policemen and watchmen, veterans who become eligible
5for appointment by attaining the passing mark established for the
P3    1examination and whose service as veterans exceeds three months
2shall be classified on such eligible lists in the relative order of the
3individual ratings attained and ahead of all nonveterans passing
4such examinations, and are eligible for appointment on the basis
5of such order of standing on such eligible lists.

end delete
6begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 18972 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

begin delete
7

18972.  

For specific State services or employments as
8determined by the board, it may in examination allow general or
9individual preference in ratings to veterans who have suffered
10permanent disability in line of duty, if such disability will not
11prevent the proper performance of the duties required under such
12service or employment, and if such disability is of record in the
13files of the United States Veterans’ Administration.

end delete
14begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 18973 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

begin delete
15

18973.  

Except as provided in Section 18978, in the case of all
16other entrance examinations, veterans and widows or widowers
17of veterans who become eligible for certification from eligible lists
18by attaining the passing mark established for the examination, shall
19be allowed one of the following additional credits:

20(a) Disabled veterans, 15 points.

21(b) All other veterans, widows or widowers of veterans, and
22spouses of 100 percent disabled veterans, 10 points.

23For the purpose of this section, “veteran” means any person who
24has served full time for 30 days or more in the armed forces in
25time of war or in time of peace in a campaign or expedition for
26service in which a medal has been authorized by the government
27of the United States, or during the period September 16, 1940, to
28January 31, 1955, or who has served at least 181 consecutive days
29since January 31, 1955, and who has been discharged or released
30under conditions other than dishonorable, but does not include any
31person who served only in auxiliary or reserve components of the
32armed forces whose service therein did not exempt him or her from
33the operation of the Selective Training and Service Act of 1940.

34For the purpose of this section: “disabled veteran” means any
35veteran as defined herein who is currently declared by the United
36States Veterans Administration to be 10 percent or more disabled
37as a result of his or her service; and “100 percent disabled veteran”
38means any veteran as defined herein who is currently declared by
39the United States Veterans Administration to be 100 percent
40disabled as a result of his or her service. Proof of disability shall
P4    1be deemed conclusive if it is of record in the United States Veterans
2Administration.

end delete
3begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 18973 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
4read:end insert

begin insert
5

begin insert18973.end insert  

For purposes of this article, the following definitions
6shall apply:

7(a) “Veteran” has the same meaning as defined in Section
818540.4.

9(b) “Disabled veteran” has the same meaning as defined in
10Section 18541.

11(c) “100 percent disabled veteran” means any veteran as
12defined in this section who is currently declared by the United
13States Veterans Administration to be 100 percent disabled as a
14result of his or her service.

end insert
15begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 18973.1 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

begin delete
16

18973.1.  

(a) Except as provided in Section 18978, and in
17addition to the veterans’ credits set forth in Section 18973, in the
18case of all other entrance examinations, there shall be allowed a
19credit for veterans, widows or widowers of veterans, and spouses
20of 100 percent disabled veterans, who become eligible for
21certification from eligible lists by attaining the passing mark
22established for the examination, as set forth below:

23(1) Disabled veterans, 15 points.

24(2) Veterans, 10 points.

25(3) Widows or widowers of veterans, and spouses of 100 percent
26disabled veterans, five points.

27(b) For purposes of this section:

28(1) “Veteran” means any member of the California National
29Guard who meets the following requirements:

30(A) Served in federal active duty for 90 days or more.

31(B) Not more than two years have passed since the member was
32released from federal active duty.

33(2) “Disabled veteran” means any member of the California
34National Guard who is currently declared by the United States
35Veterans Administration to be 10 percent or more disabled as a
36result of his or her service.

37(3) “100 percent disabled veteran” means any member of the
38California National Guard who is currently declared by the United
39States Veterans Administration to be 100 percent disabled as a
40result of his or her service.

P5    1(c) No veteran who has been dishonorably discharged or released
2shall be allowed a credit under this section.

3(d) Proof of disability shall be deemed conclusive if it is of
4record in the United States Veterans Administration.

end delete
5begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 18973.1 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
6read:end insert

begin insert
7

begin insert18973.1.end insert  

Whenever any veteran, widow or widower of a
8veteran, or spouse of a 100 percent disabled veteran achieves a
9passing score on an entrance examination, he or she shall be
10ranked in the top rank of the resulting eligibility list. This section
11shall not apply to any veteran who has been dishonorably
12discharged or released.

end insert
13begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 18973.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
14to read:end insert

15

18973.5.  

(a) For purposes ofbegin delete Sections 18973, 18973.1, and
1618978,end delete
begin insert this article,end insert an entrance examination is any open
17competitive examinationbegin delete other than one for a class having a
18requirement of both college graduation and two or more years of
19experienceend delete
.

20(b) begin deleteFor purposes of Sections 18973, 18973.1, and 18978,
21veterans’ credits shall be awarded in all qualifying examinations
22in which the veteran competes. end delete
No veterans’begin delete creditsend deletebegin insert preference
23under this articleend insert
shall be awardedbegin delete once a veteran achievesend deletebegin insert toend insert
24 permanent civil servicebegin delete status.end deletebegin insert employees.end insert

25begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 18974 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

begin delete
26

18974.  

Such credit shall be added to the percentage attained
27in the examination by the veteran, widow or widower. The name
28of each shall be placed on the eligible list and he or she is eligible
29for appointment in the order and on the basis of the percentage
30attained in examination after the appropriate credit has been added.
31All ties shall be decided in favor of veterans and widows or
32widowers of veterans.

end delete
33begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 18974.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
34to read:end insert

35

18974.5.  

Any member of the Armed Forces who successfully
36passes any state civil service examination and whose name as a
37result is placed on an employment list and who within 12 months
38after the establishment of the employment list for which the
39examination was given qualifies for veterans’ preference as
40provided for inbegin delete Sections 18973 and 18973.1end deletebegin insert this articleend insert shall be
P6    1allowed the appropriate veterans’ credit to the same effect as
2though he or she were entitled to that credit at the time of the
3establishing of the employment list.begin delete When and if that person is
4allowed veterans’ credit under this section his or her name shall
5be placed on the employment list in accordance with Section 18937
6as the employment list stands at the time of qualifying for veterans’
7credit.end delete

8begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 18975 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
9to read:end insert

10

18975.  

begin deleteIn any examinations to establish employment lists in
11which credits are allowed for experience, periods end delete
begin insertPeriodsend insertbegin insert end insertof service
12in the recognized military service shall be counted by thebegin delete boardend delete
13begin insert departmentend insert asbegin insert qualifyingend insert experience upon a showing by the veteran
14that such service involved duties and responsibilities of the kind
15for which credit for experience is being allowed.

16begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 18976 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
17to read:end insert

18

18976.  

Request for and proof of eligibility for veterans’
19preferencebegin delete creditsend delete shall be submitted by the veteran to the
20departmentbegin insert or designated appointing authorityend insert conducting the
21employment examination. The procedures and time of filing the
22request shall be subject to rules promulgated by thebegin delete State Personnel
23Board,end delete
begin insert department,end insert in consultation with the Department of Veterans
24Affairs.

25begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 18977 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
26to read:end insert

27

18977.  

Where experience is required as a minimum
28qualification for any civil service examination, a person, who is
29or has been on military leave from a state civil service or exempt
30position or from a position in any federal or other public agency
31the functions of which as they relate to such position have been
32transferred to thebegin delete Stateend deletebegin insert stateend insert shall be granted full credit for time
33spent on such military leave, as if hebegin insert or sheend insert had remained in the
34position he held at the time hebegin insert or sheend insert entered the military service.

35begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 18978 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

begin delete
36

18978.  

(a) For any entrance examination held on an open,
37nonpromotional basis pursuant to Section 18950, a veteran who
38becomes eligible for certification from eligible lists by attaining
39the passing mark established for the examination, shall be allowed
40the following additional credits:

P7    1(1) Disabled veterans, 15 points.

2(2) Veterans who have completed acceptable training in the
3United States Armed Forces as military law enforcement officers,
415 points, for an entrance examination for a peace officer position.
5The Commission on Peace Officer Standards and Training shall
6establish, by regulation, what constitutes “acceptable training” for
7purposes of this paragraph.

8(3) Other veterans, 10 points.

9(b) For purposes of this section, “veteran” and “disabled veteran”
10have the same meaning as those terms are used in Sections 18973
11and 18973.1.

12(c) Individuals who received veterans points under this section
13are not eligible for career credits pursuant to Sections 18950.1,
1418951, and 18951.5.

end delete
15begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 18979 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

begin delete
16

18979.  

(a) In making appointments to positions performing
17the duties of disabled veterans’ outreach program representatives
18in the disabled veterans’ outreach program or successor program
19of the Employment Development Department, appointments shall
20be made in the following order of preference:

21(1) Any disabled veteran.

22(2) Any veteran.

23(b) For the purposes of this section, “disabled veteran” and
24“veteran” have the same meaning as those terms are defined in
25Section 4211 of Title 38 of the United States Code.

26(c) A person who does not meet the criteria specified in
27subdivision (a) shall not be appointed to the position of disabled
28veterans’ outreach program representative.

end delete
begin delete
29

SECTION 1.  

The Legislature finds and declares the following:

30(a) Though unemployment has fallen among veterans
31nationwide, the unemployment rate of veterans of post-9/11
32conflicts is 11.1 percent, exceeding that of the general population
337 percent.

34(b) Educational attainment of veterans continues to rise, and
35there has been a significant increase in the post-9/11 era in the
36proportion of veterans who have completed bachelor’s degrees.

37(c) The percentage of veterans in California with bachelor’s
38degrees exceeds the national average.

P8    1(d) Veterans tend to be enrolled in college at older ages than
2nonveterans, and are thus older than nonveterans when they enter
3the educated workforce.

4(e) It is the intent of the Legislature in enacting this act to expand
5employment opportunities for veterans and to improve the
6application of veterans’ preferences in state hiring.

7

SEC. 2.  

Section 18973.5 of the Government Code is amended
8to read:

9

18973.5.  

(a) For purposes of Sections 18973, 18973.1, and
1018978, an entrance examination is any open competitive
11examination.

12(b) For purposes of Sections 18973, 18973.1, and 18978,
13veterans’ credits shall be awarded in all qualifying examinations
14in which the veteran competes. No veterans’ credits shall be
15awarded once a veteran achieves permanent civil service status.

end delete


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