BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1397
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1397 (Veterans Affairs Committee)
          As Amended  August 13, 2014
          Majority vote
           
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          |ASSEMBLY:  |     |(May 24, 2013)  |SENATE: |34-0 |(August 20,    |
          |           |     |                |        |     |2014)          |
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                    (vote not relevant)

          Original Committee Reference:    V.A.

          SUMMARY  :  Requires the California Department of Human Resources  
          (CalHR) to collect, maintain, analyze, and report on data  
          regarding the veterans preference system in state hiring, and  
          other data as specified regarding veterans in the California  
          state workforce.

           The Senate amendments  delete the Assembly version of this bill  
          and instead:

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

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

          3)Require analysis of the collected data 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)   Separation data by department and major occupational  
               groups.

             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 participate in and  








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               pass state civil service examinations. 

             f)   Data on the recruitment efforts, major occupational  
               groups, geographic locations, separations, salaries, and  
               other conditions of employment that provide additional  
               information about veterans in the state civil service  
               workforce

           EXISTING LAW  :

          1)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 preference is awarded as follows:

             a)   Any veteran, widow or widower of a veteran, or spouse of  
               a 100% 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.

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

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

          2)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.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :  Last year, military and veteran status was added to  
          the Fair Employment and Housing Act as a protected status  
          similar to race, sex, and sexual orientation, and others.

          Existing law requires CalHR to review state examinations, hiring  
          and other employment practices to see if they work.  The  
          department is also required to maintain statistics designed to  
          yield the analysis necessary for the evaluation of equal  








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          employment opportunity within the state civil service with  
          regard to race, ethnicity, gender, and disability.  The  
          department already collects information on veterans that is the  
          same or substantially similar to that which it collects for  
          other protected groups.

          Veteran unemployment remains an issue of concern, especially  
          regard to the veterans of the most recent decade of conflict.   
          The State of California has had a veterans preference system in  
          the state hiring process for many years.  However there has  
          never been any analysis of whether that system works.  In short,  
          we do not know if the state has effective practices to reach,  
          hire, and retain veterans.

          The subject matter of this bill was not heard in an Assembly  
          policy committee this session.


           Analysis Prepared by  :    John Spangler / V.A. / (916) 319-3550


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