BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1729
                                                                  Page  1

          Date of Hearing:   April 13, 2010

                       ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
                                 Paul J. Cook, Chair
                    AB 1729 (Yamada) - As Amended:  March 18, 2010
           
          SUBJECT  :   Civil service examinations: veterans' preference.

           SUMMARY  :   This bill would extend the time in which a member of  
          the Armed Forces
          may receive the additional points up to 12 months after the  
          establishment of the employment list.

           EXISTING LAW  :

             1.   Provides that veteran's preference points are provided  
               in open civil service examinations and open nonpromotional  
               entrance examinations for classifications, as specified.   
               In order to be eligible for veterans preference points, the  
               person's discharge from the military must have been  
               classified as other than dishonorable.  

             2.   States that if a member of the Armed Forces successfully  
               passes a state civil service examination and becomes  
               qualified for the veterans' preference within 6 months  
               after the establishment of the employment list, he or she  
               is entitled to receive the additional points at that time.

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :   An open examination is one in which any applicant  
          inside or outside state service, who meets the minimum  
          qualifications, may apply and participate.  According to the  
          SPB, the best use of an open examination plan is when the  
          examination is for entry-level, specialized, or technical  
          classifications, and the qualified candidate group is found  
          outside of state service.  For open examinations, current law  
          allows veteran's preference points for disabled veterans of 15  
          points and 10 points for all other veterans, widows or widowers  
          of veterans, and spouses of disabled veterans.  Additionally,  
          current law provides the veteran's preference points to an  
          active duty member of the Armed Forces who successfully passes a  
          state civil service examination and becomes qualified for the  
          veterans' preference within 6 months after the establishment of  
          the employment list.  








                                                                  AB 1729
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          An open, nonpromotional examination is one in which state  
          employees and other applicants who are successful in the  
          examination are placed on one eligible list.  According to the  
          SPB, an open, nonpromotional exam plan is best used when there  
          is an identified promotional candidate group within state  
          service; however, expanded competition including outside  
          candidates is likely to produce a more highly qualified group,  
          and is consistent with the needs of the state.  Open,        
          nonpromotional examinations are not administered for  
          classifications that are designated as managerial by the  
          Department of Personnel Administration.  For open,  
          nonpromotional entrance examinations, current law allows  
          veteran's preference points for disabled veterans of 10 points  
          and 5 points for all other veterans.

          A veteran must apply for this credit and meet eligibility  
          guidelines that require documentation that the military  
          discharged or released the service member under conditions other  
          than dishonorable (DD 214 form) before the State Personnel Board  
          reflects the credits on the employment eligibility list the next  
          time a list is published. 

          According to the author it can take veterans, for various  
          reasons, longer than the six-month period to learn about the  
          preference. In addition, the military can take longer than six  
          months to replace a lost DD 214 form.  The bill will assist  
          veterans with their re-entry into the job market and veterans  
          who must replace their DD 214. This will be done by extending  
          the period veterans have to submit their DD 214 to the State  
          Personnel Board from 6 months to 12 months to qualify for  
          veterans' preference credits.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Legion, Department of California
          AMVETS, Department of California
          California Association of County Veterans Service Officers 
          Vietnam Veterans of America, CA State Council

           Opposition 
           
          None on file.








                                                                  AB 1729
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          Analysis Prepared by  :    Eric Worthen / V. A. / (916) 319-3550