Amended in Assembly April 8, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 372

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, begin delete 18978, end delete and begin delete 18979 end delete begin insert 18978 end insert 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.

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 begin delete such end delete begin insert that end insert eligibility to be submitted to the designated appointing authority conducting the employment examination.

begin insert

The bill would make findings and declarations in this regard.

end insert

The bill would begin insert also end insert 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:

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

The Legislature finds and declares the following:

end insert begin insert

(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.

end insert begin insert

(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.

end insert begin insert

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

end insert begin insert

(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.

end insert begin insert

(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.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 18971 of the Government Code is repealed.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 18972 of the Government Code is repealed.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 18973 of the Government Code is repealed.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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.

begin delete SEC. 5. end delete
begin insert SEC. 6. end insert   

Section 18973.1 of the Government Code is repealed.

begin delete SEC. 6. end delete
begin insert SEC. 7. end insert   

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.

begin delete SEC. 7. end delete
begin insert SEC. 8. end insert   

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.

begin delete SEC. 8. end delete
begin insert SEC. 9. end insert   

Section 18974 of the Government Code is repealed.

begin delete SEC. 9. end delete
begin insert SEC. 10. end insert   

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.

begin delete SEC. 10. end delete
begin insert SEC. 11. end insert   

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 begin delete such end delete begin insert the veteran’s end insert service involved
duties and responsibilities of the kind for which credit for
experience is being allowed.

begin delete SEC. 11. end delete
begin insert SEC. 12. end insert   

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.

begin delete SEC. 12. end delete
begin insert SEC. 13. end insert   

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 begin delete such end delete begin insert the end insert position have been
transferred to the state shall be granted full credit for time spent
on begin delete such end delete begin insert that end insert military leave, as if he or she had remained in the
position he held at the time he or she entered the military service.

begin delete SEC. 13. end delete
begin insert SEC. 14. end insert   

Section 18978 of the Government Code is repealed.

begin delete

SEC. 14.  

Section 18979 of the Government Code is repealed.

end delete