BILL ANALYSIS                                                                                                                                                                                                    Ó






                        SENATE COMMITTEE ON VETERANS AFFAIRS
                              Senator Ben Hueso, Chair
                                               


          BILL NO:  AB 1397                  HEARING DATE: 6/24/14
          AUTHOR:   Committee on Veterans Affairs
          VERSION:  6/17/14
          FISCAL:   No
          VOTE:     Majority



                                        SUBJECT  
          
          State civil service: veterans preference data.


                                      DESCRIPTION  
           
          Existing law:

           1.Requires civil service appointments to be made under a general  
            system based on merit ascertained by competitive examination.  
            (CA Constitution) 

          2.Authorize the Legislature to provide preference for veterans  
            and their surviving spouses. (CA Constitution)

          3.Whenever any veteran achieves a passing score on an entrance  
            examination, the veteran is required to be ranked in the top  
            rank of the resulting eligibility list.                  (Govt  
            Code 18973.1)

          4.Requires the Department of Human Resources (CalHR) to review,  
            examine the validity of, and update qualifications standards,  
            selection devices, including oral appraisal panels and career  
            advancement programs.                                          
            (Govt Code § 19792(g))

          5.Requires CalHR to maintain a statistical information system  
            designed to yield the data and analysis necessary for  
            evaluating equal employment opportunity within state civil  
            service. The statistical information shall include specific  
            data to determine the underutilization of groups based on  
            race, ethnicity, gender, and disability.            (Govt Code  









            19792(h))

           This bill:

            1. Adds the veterans preference to the list of selection  
             devices, which CalHR must review, examine the validity of,  
             and update.

           2. Adds veteran status to the list of specified data collected  
             in order to determine underutilization of certain groups.



           3. Requires the data analysis to include, but not be limited  
             to, the following with regard to veteran status:

              a.    Data relating to the utilization of veterans compared  
                to their availability in the relevant labor force.

             b.   Turnover data by department and occupation.

             c.   Data relating to salary administration, including  
               average salaries for veterans and comparisons of salaries  
               within state service and comparable state employment.

             d.   Data on employee age, and salary level compared among  
               groups based on veteran status.

             e.   Data on the number of veterans who are recruited for,  
               participate in, and pass state civil service examinations.

             f.   Data on the job classifications, geographic locations,  
               separations, salaries, and other conditions of employment  
               that provide additional information about veterans in the  
               state civil service workforce.

                                           
                                     BACKGROUND  
          
          For state civil service positions, veterans preference can be  
          applied to a veteran's eligibility for qualifying open and open,  
          non-promotional examinations. As of January 1, 2013, veterans  
          
          AB 1397 (Committee on Veterans Affairs)                     2
          










          preference is awarded as follows:

          1.Any veteran, widow or widower of a veteran, or spouse of a 100  
            percent disabled veteran, who achieves a passing score in an  
            entrance examination, shall be ranked in the top rank of the  
            resulting eligibility list. Any veteran who has been  
            dishonorably discharged or released is not eligible for  
            veterans preference.

          2.An entrance examination is defined, under the law, as any open  
            competitive examination.

          3.Veterans preference is not granted once a person achieves  
            permanent civil service status.

          If a veteran competes in a state civil service examination for  
          which veterans preference are granted, the veteran will  
          automatically be added to the top rank, provided that the  
          individual's application for veterans preference is approved  
          before the eligible record is created.

          Persons who are retired from the military or honorably  
          discharged from active duty are eligible to compete in  
          promotional examinations, including examinations for Career  
          Executive Assignments (CEA), for which they meet the minimum  
          qualifications as prescribed by the class specification. Those  
          individuals receiving passing scores have their names placed on  
          the promotional eligibility lists resulting from these  
          examinations. In evaluating minimum qualifications, related  
          military experience shall be considered as State civil service  
          experience in a class deemed comparable by CalHR, based on the  
          duties and responsibilities assigned.

           
                                       COMMENT  
          
           Related Legislation

           SB 1563 (Cannella, Ch. 768, Stats. 2012)  requires that a  
           veteran who has completed acceptable training in the U.S. Armed  
           Forces as a military law enforcement officer shall receive 15  
           preference points in an examination for an open peace officer  
          
          AB 1397 (Committee on Veterans Affairs)                     3
          










           position in state employment, and states legislative intent  
           with regard to veterans' abilities to become state peace  
           officers.

            AB 1729 (Yamada, Ch. 237, Stats. 2010)  extends, from six months  
           to 12 months, the amount of time a veteran may receive  
           preference points on employment lists resulting from open,  
           nonpromotional civil service examinations.

            SB 644 (Denham, Ch. 357, Stats. 2009)  increases the veterans  
           preference points provided on open, non-promotional state civil  
           service entrance examinations from 10 to 15 points for disabled  
           veterans; and from five to 10 points for all other veterans.

            AB 2550 (Blakeslee, Ch. 494, Stats. of 2006)  Provided qualified  
           members of the California National Guard, or a widow, widower,  
           or spouse of a qualified member, preference points, as  
           specified, for any civil service employment. 

            SB 637 (Baca, Ch. 404, Stats.1999)  made revisions to existing  
           law providing special preferences for the appointment of  
           disabled veterans.



                                       POSITIONS  
          
          Sponsor:  Author.

          Support:  None on file.

          Oppose:   None on file.
          
          Analysis by: Wade Cooper Teasdale








          
          AB 1397 (Committee on Veterans Affairs)                     4
          




















































          
          AB 1397 (Committee on Veterans Affairs)                     5