BILL NUMBER: AB 372 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Eggman
FEBRUARY 14, 2013
An act to amend Section 18973.5 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 18973.1 of , the Government Code,
relating to civil service.
LEGISLATIVE COUNSEL'S DIGEST
AB 372, as amended, 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.
Existing civil service law requires that veterans be
allowed preference points for civil service entrance examinations, as
specified. 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. The bill would make findings and
declarations in this regard.
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 such eligibility to be submitted to the
designated appointing authority conducting the employment
examination.
The bill would make other technical and conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18971 of the
Government Code is repealed.
18971. In the case of entrance examinations to establish eligible
lists for policemen and watchmen, veterans who become eligible for
appointment by attaining the passing mark established for the
examination and whose service as veterans exceeds three months shall
be classified on such eligible lists in the relative order of the
individual ratings attained and ahead of all nonveterans passing such
examinations, and are eligible for appointment on the basis of such
order of standing on such eligible lists.
SEC. 2. Section 18972 of the Government
Code is repealed.
18972. For specific State services or employments as determined
by the board, it may in examination allow general or individual
preference in ratings to veterans who have suffered permanent
disability in line of duty, if such disability will not prevent the
proper performance of the duties required under such service or
employment, and if such disability is of record in the files of the
United States Veterans' Administration.
SEC. 3. Section 18973 of the Government
Code is repealed.
18973. Except as provided in Section 18978, in the case of all
other entrance examinations, veterans and widows or widowers of
veterans who become eligible for certification from eligible lists by
attaining the passing mark established for the examination, shall be
allowed one of the following additional credits:
(a) Disabled veterans, 15 points.
(b) All other veterans, widows or widowers of veterans, and
spouses of 100 percent disabled veterans, 10 points.
For the purpose of this section, "veteran" means any person who
has served full time for 30 days or more in the armed forces in time
of war or in time of peace in a campaign or expedition for service in
which a medal has been authorized by the government of the United
States, or during the period September 16, 1940, to January 31, 1955,
or who has served at least 181 consecutive days since January 31,
1955, and who has been discharged or released under conditions other
than dishonorable, but does not include any person who served only in
auxiliary or reserve components of the armed forces whose service
therein did not exempt him or her from the operation of the Selective
Training and Service Act of 1940.
For the purpose of this section: "disabled veteran" means any
veteran as defined herein who is currently declared by the United
States Veterans Administration to be 10 percent or more disabled as a
result of his or her service; and "100 percent disabled veteran"
means any veteran as defined herein who is currently declared by the
United States Veterans Administration to be 100 percent disabled as a
result of his or her service. Proof of disability shall be deemed
conclusive if it is of record in the United States Veterans
Administration.
SEC. 4. 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. 5. Section 18973.1 of the
Government Code is repealed.
18973.1. (a) Except as provided in Section 18978, and in addition
to the veterans' credits set forth in Section 18973, in the case of
all other entrance examinations, there shall be allowed a credit for
veterans, widows or widowers of veterans, and spouses of 100 percent
disabled veterans, who become eligible for certification from
eligible lists by attaining the passing mark established for the
examination, as set forth below:
(1) Disabled veterans, 15 points.
(2) Veterans, 10 points.
(3) Widows or widowers of veterans, and spouses of 100 percent
disabled veterans, five points.
(b) For purposes of this section:
(1) "Veteran" means any member of the California National Guard
who meets the following requirements:
(A) Served in federal active duty for 90 days or more.
(B) Not more than two years have passed since the member was
released from federal active duty.
(2) "Disabled veteran" means any member of the California National
Guard who is currently declared by the United States Veterans
Administration to be 10 percent or more disabled as a result of his
or her service.
(3) "100 percent disabled veteran" means any member of the
California National Guard who is currently declared by the United
States Veterans Administration to be 100 percent disabled as a result
of his or her service.
(c) No veteran who has been dishonorably discharged or released
shall be allowed a credit under this section.
(d) Proof of disability shall be deemed conclusive if it is of
record in the United States Veterans Administration.
SEC. 6. 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. 7. Section 18973.5 of the
Government Code is amended to read:
18973.5. (a) For purposes of Sections 18973, 18973.1,
and 18978, this article, an entrance examination
is any open competitive examination other than one for a
class having a requirement of both college graduation and two or more
years of experience .
(b) For purposes of Sections 18973, 18973.1, and 18978,
veterans' credits shall be awarded in all qualifying examinations in
which the veteran competes. No veterans' credits
preference under this article shall be awarded
once a veteran achieves to permanent
civil service status. employees.
SEC. 8. Section 18974 of the Government
Code is repealed.
18974. Such credit shall be added to the percentage attained in
the examination by the veteran, widow or widower. The name of each
shall be placed on the eligible list and he or she is eligible for
appointment in the order and on the basis of the percentage attained
in examination after the appropriate credit has been added. All ties
shall be decided in favor of veterans and widows or widowers of
veterans.
SEC. 9. 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
Sections 18973 and 18973.1 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. When and if that person
is allowed veterans' credit under this section his or her name shall
be placed on the employment list in accordance with Section 18937 as
the employment list stands at the time of qualifying for veterans'
credit.
SEC. 10. Section 18975 of the
Government Code is amended to read:
18975. In any examinations to establish employment lists
in which credits are allowed for experience, periods
Periods of service in the recognized military
service shall be counted by the board
department as qualifying experience upon a showing
by the veteran that such service involved duties and responsibilities
of the kind for which credit for experience is being allowed.
SEC. 11. Section 18976 of the
Government Code is amended to read:
18976. Request for and proof of eligibility for veterans'
preference credits 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
State Personnel Board, department, in
consultation with the Department of Veterans Affairs.
SEC. 12. 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 such position have been transferred to the
State state shall be granted full
credit for time spent on such 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. 13. Section 18978 of the
Government Code is repealed.
18978. (a) For any entrance examination held on an open,
nonpromotional basis pursuant to Section 18950, a veteran who becomes
eligible for certification from eligible lists by attaining the
passing mark established for the examination, shall be allowed the
following additional credits:
(1) Disabled veterans, 15 points.
(2) Veterans who have completed acceptable training in the United
States Armed Forces as military law enforcement officers, 15 points,
for an entrance examination for a peace officer position. The
Commission on Peace Officer Standards and Training shall establish,
by regulation, what constitutes "acceptable training" for purposes of
this paragraph.
(3) Other veterans, 10 points.
(b) For purposes of this section, "veteran" and "disabled veteran"
have the same meaning as those terms are used in Sections 18973 and
18973.1.
(c) Individuals who received veterans points under this section
are not eligible for career credits pursuant to Sections 18950.1,
18951, and 18951.5.
SEC. 14. Section 18979 of the
Government Code is repealed.
18979. (a) In making appointments to positions performing the
duties of disabled veterans' outreach program representatives in the
disabled veterans' outreach program or successor program of the
Employment Development Department, appointments shall be made in the
following order of preference:
(1) Any disabled veteran.
(2) Any veteran.
(b) For the purposes of this section, "disabled veteran" and
"veteran" have the same meaning as those terms are defined in Section
4211 of Title 38 of the United States Code.
(c) A person who does not meet the criteria specified in
subdivision (a) shall not be appointed to the position of disabled
veterans' outreach program representative.
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 that of the general population 7 percent.
(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 18973.5 of the Government Code
is amended to read:
18973.5. (a) For purposes of Sections 18973, 18973.1, and 18978,
an entrance examination is any open competitive examination.
(b) For purposes of Sections 18973, 18973.1, and 18978, veterans'
credits shall be awarded in all qualifying examinations in which the
veteran competes. No veterans' credits shall be awarded once a
veteran achieves permanent civil service status.