SF 1130

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/22/2018 10:17am

A bill for an act
relating to veterans; establishing a veterans preference in hiring in the legislature
and state courts; amending Minnesota Statutes 2016, section 197.455, subdivision
1; proposing coding for new law in Minnesota Statutes, chapters 3; 480.

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

Section 1.

new text begin [3.071] VETERANS PREFERENCE IN HIRING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meaning given:
new text end

new text begin (1) "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 exists at the time preference is
claimed; and
new text end

new text begin (2) "recently separated veteran" means a veteran, as defined in section 197.447, 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.
new text end

new text begin Subd. 2. new text end

new text begin Ranking of veterans. new text end

new text begin Applicants who meet the minimum qualifications for a
vacant position in the legislature and claim disabled veterans 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 veterans preference shall be listed
in the applicant pool after those claiming disabled veterans 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 three recently separated veterans must be granted an interview for
the position by the hiring legislative body.
new text end

new text begin Subd. 3. new text end

new text begin Notification. new text end

new text begin The hiring legislative body, when posting or advertising a vacant
position, must specify that an applicant may elect to claim a veterans preference or a disabled
veterans preference.
new text end

new text begin Subd. 4. new text end

new text begin Rejection; explanation. new text end

new text begin If the legislature rejects an applicant who has claimed
veterans preference and who was in the finalist pool or who was interviewed, the hiring
legislative body shall notify the finalist in writing of the reasons for the rejection.
new text end

new text begin Subd. 5. new text end

new text begin Preference for spouses. new text end

new text begin 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.
new text end

Sec. 2.

Minnesota Statutes 2016, section 197.455, subdivision 1, is amended to read:

Subdivision 1.

Application.

(a) This section shall govern preference of a veteran under
the civil service laws, charter provisions, ordinances, rules or regulations of a county, home
rule charter or statutory city, town, school district, or other municipality or political
subdivision of this state. Any provision in a law, charter, ordinance, rule or regulation
contrary to the applicable provisions of this section is void to the extent of such inconsistency.

(b) Sections 197.46 to 197.481 also apply to a veteran who is an incumbent in a classified
appointment in the state civil service new text begin , legislature, and state courts new text end and has completed the
probationary period for that position, as defined under deleted text begin section deleted text end new text begin sections 3.071, new text end 43A.16 new text begin , and
480.238 new text end . In matters of dismissal from such a position, a qualified veteran has the irrevocable
option of using the procedures described in sections 197.46 to 197.481, or the procedures
provided in the collective bargaining agreement applicable to the person, but not both. For
a qualified veteran electing to use the procedures of sections 197.46 to 197.481, the matters
governed by those sections must not be considered grievances under a collective bargaining
agreement, and if a veteran elects to appeal the dispute through those sections, the veteran
is precluded from making an appeal under the grievance procedure of the collective
bargaining agreement.

(c) A county, home rule charter or statutory city, town, school district, or other
municipality or political subdivision may require a veteran to complete an initial hiring
probationary period, as defined under section 43A.16. In matters of dismissal, a veteran
employed by a county, home rule charter or statutory city, town, school district, or other
municipality or political subdivision is entitled to the same rights and legal protections that
state employees receive under paragraph (b).

Sec. 3.

new text begin [480.238] VETERANS PREFERENCE IN HIRING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given:
new text end

new text begin (1) "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 exists at the time preference is
claimed; and
new text end

new text begin (2) "recently separated veteran" means a veteran, as defined in section 197.447, 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.
new text end

new text begin Subd. 2. new text end

new text begin Ranking of veterans. new text end

new text begin Applicants who meet the minimum qualifications for a
vacant position in a state court and claim disabled veterans 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 veterans preference shall be listed in the applicant
pool after those claiming disabled veterans 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.
new text end

new text begin Subd. 3. new text end

new text begin Notification. new text end

new text begin The court administrator or hiring authority, when notifying
applicants that they have been accepted into the selection process, shall notify applicants
that they may elect to use veterans preference.
new text end

new text begin Subd. 4. new text end

new text begin Rejection; explanation. new text end

new text begin If the court administrator or hiring authority rejects a
member of the finalist pool who has claimed veterans preference, the court administrator
or hiring authority shall notify the finalist in writing of the reasons for the rejection.
new text end

new text begin Subd. 5. new text end

new text begin Preference for spouses. new text end

new text begin 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.
new text end