HF 5261

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/08/2024 07:34pm

A bill for an act
relating to veterans; expanding veterans hiring preference to include certain active
service members who will be honorably discharged within 120 days; amending
Minnesota Statutes 2022, sections 43A.11; 197.455, subdivisions 2, 6; 197.4551.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 43A.11, is amended to read:

43A.11 VETERAN'S PREFERENCE.

Subdivision 1.

Creation.

Recognizing that training and experience in the military services
of the government and loyalty and sacrifice for the government are qualifications of merit
which cannot be readily assessed by examination, a veteran's preference shall be available
pursuant to this section to a veteran as defined in section 197.447 veterans.

Subd. 5.

Disabled veteran; Definitions.

(a) For purposes of this section, "veteran"
means:

(1) a person who satisfies the definition in section 197.447; or

(2) a person in active military service in any branch of the armed services when the
appointing authority anticipates the person will, prior to appointment, satisfy the definition
in section 197.447, as evidenced by a written document from the person's branch certifying
that the person is expected to be discharged or released from active military service under
honorable conditions no later than 120 days after the date the certification is submitted for
consideration in the selection process.

(b) For the purpose of the preference to be used in securing appointment from an applicant
pool, "disabled veteran" means a person who:

(1) has a compensable service connected disability as adjudicated by the United States
Veterans Administration, or by the retirement board of one of the several branches of the
armed forces, which disability is existing at the time preference is claimed; or

(2) satisfies the definition of veteran in paragraph (a), clause (2), and establishes the
present existence of a service-connected disability.

Subd. 6.

Preference for spouses.

A preference available pursuant to this section may
be used by the surviving spouse of a deceased veteran and by the spouse of a disabled
veteran who because of the disability is unable to qualify.

Subd. 7.

Ranking of veterans.

(a) Applicants who meet the minimum qualifications
for a vacant position and claim disabled veteran's preference shall be listed in the applicant
pool ahead of all other applicants. Applicants who meet the minimum qualifications for a
vacant position and claim nondisabled veteran's preference shall be listed in the applicant
pool after those claiming disabled veteran's preference and ahead of nonveterans. Each
recently separated veteran who meets minimum qualifications for a vacant position and has
claimed a veterans or disabled veterans preference must be considered for the position. The
top five recently separated veterans must be granted an interview for the position by the
hiring authority.

(b) For purposes of this section, the term "recently separated veteran" means:

(1) a veteran, as defined in section 197.447 subdivision 5, paragraph (a), clause (1), who
has served in active military service, at any time on or after September 11, 2001, and who
has been honorably discharged from active service, as shown by the person's form DD-214;
or

(2) a veteran, as defined in subdivision 5, paragraph (a), clause (2).

Subd. 8.

Notification.

The commissioner or an appointing authority, when notifying
applicants that they have been accepted into the state's selection process, shall notify
applicants that they may elect to use veteran's preference.

Subd. 9.

Rejection; explanation.

If the appointing authority rejects a member of the
finalist pool who has claimed veteran's preference, the appointing authority shall notify the
finalist in writing of the reasons for the rejection.

Subd. 10.

Verification required.

Before appointing a person who received veteran's
preference in the selection process under subdivision 5, paragraph (a), clause (2), or
subdivision 7, paragraph (b), clause (2), the appointing authority must verify that the person
has been separated under honorable conditions, as shown by the person's form DD-214,
and has otherwise satisfied the definition of veteran under section 197.447.

Sec. 2.

Minnesota Statutes 2022, section 197.455, subdivision 2, is amended to read:

Subd. 2.

Creation.

Recognizing that training and experience in the military services of
the government and loyalty and sacrifice for the government are qualifications of merit
which cannot be readily assessed by examination, a veteran's preference shall be available
to a veteran as defined in section 197.447 43A.11, subdivision 5, paragraph (a).

Sec. 3.

Minnesota Statutes 2022, section 197.455, subdivision 6, is amended to read:

Subd. 6.

Disabled veteran; definitions.

For the purpose of the preference to be used in
securing appointment from a competitive open examination, "disabled veteran" means a
person who has a compensable service-connected disability as adjudicated by the United
States Veterans Administration, or by the retirement board of one of the several branches
of the armed forces, which disability is existing at the time preference is claimed has the
meaning given in section 43A.11, subdivision 5, paragraph (b). For purposes of the preference
to be used in securing appointment from a competitive promotional examination, "disabled
veteran" means a person who, at the time of election to use a promotional preference, is
entitled to disability compensation under laws administered by the Veterans Administration
for a permanent service-connected disability rated at 50 percent or more.

Sec. 4.

Minnesota Statutes 2022, section 197.4551, is amended to read:

197.4551 PERMISSIVE PREFERENCE FOR VETERANS IN PRIVATE
EMPLOYMENT.

Subdivision 1.

Preference permitted.

A private, nonpublic employer may grant
preference to a veteran in hiring and promotion. For purposes of hiring under this section,
"veteran" has the meaning given in section 43A.11, subdivision 5, paragraph (a).

Subd. 2.

Preference for spouse of disabled or deceased veteran; definition.

A private,
nonpublic employer may grant preference in hiring and promotion to a spouse of a disabled
veteran who has a service-connected permanent and total disability and to a surviving spouse
of a deceased veteran. For purposes of promotion under this section, "disabled veteran" in
this subdivision means a person who has had a compensable service-connected disability
as adjudicated by the United States Veterans Administration, or by the retirement board of
one of the several branches of the armed forces. For purposes of hiring under this section,
"disabled veteran" has the meaning given in section 43A.11, subdivision 5, paragraph (b).

Subd. 3.

Equal employment opportunity law.

Granting preference under subdivision
1 or 2 does not violate any local or state equal employment opportunity law, including, but
not limited to, chapter 363A.