SF 331

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/15/2019 09:18am

A bill for an act
relating to veterans; establishing a veterans preference in hiring in the legislature
and state courts; amending Minnesota Statutes 2018, 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
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 Department of Veterans Affairs, or by the retirement
board of one of the several branches of the armed forces, which exists at the time preference
is claimed;
new text end

new text begin (2) "recently separated veteran" means a veteran who has (i) served in active military
service at any time on or after September 11, 2001, and (ii) been honorably discharged from
active service, as demonstrated by the person's form DD-214; and
new text end

new text begin (3) "veteran" has the meaning given in section 197.447.
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 must be listed in
the applicant pool ahead of all other applicants. Applicants who meet the minimum
qualifications for a vacant position in the legislature and claim nondisabled veterans
preference must be listed in the applicant pool after those claiming disabled veterans
preference but ahead of nonveterans. Each recently separated veteran who meets minimum
qualifications for a vacant position in the legislature and has claimed a veterans or disabled
veterans preference must be considered for the position. The top three recently separated
veterans who meet the minimum qualifications for a vacant position in the legislature 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 When posting or advertising a vacant position, the hiring legislative
body 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 must 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 under this section may be used
by (1) the surviving spouse of a deceased veteran; or (2) the spouse of a disabled veteran
who, because of the disability, is unable to qualify.
new text end

Sec. 2.

Minnesota Statutes 2018, 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 and has completed the probationary period for that
position, as defined under section 43A.16 new text begin , and to a veteran in a position in the legislature
under section 3.071 and the state courts under section 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 Department of Veterans Affairs, or by the retirement
board of one of the several branches of the armed forces, which exists at the time preference
is claimed;
new text end

new text begin (2) "recently separated veteran" means a veteran who has (i) served in active military
service at any time on or after September 11, 2001, and (ii) been honorably discharged from
active service, as demonstrated by the person's form DD-214; and
new text end

new text begin (3) "veteran" has the meaning given in section 197.447.
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 and claim disabled veterans preference must be listed in the applicant pool
ahead of all other applicants. Applicants who meet the minimum qualifications for a vacant
position in a state court and claim nondisabled veterans preference must be listed in the
applicant pool after those claiming disabled veterans preference but ahead of nonveterans.
Each recently separated veteran who meets minimum qualifications for a vacant position
in a state court and has claimed a veterans or disabled veterans preference must be considered
for the position. The top five recently separated veterans who meet the minimum
qualifications for a vacant position in a state court 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 When notifying applicants that they have been accepted into the
selection process, the court administrator or hiring authority, 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 must 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 under this section may be used
by (1) the surviving spouse of a deceased veteran; or (2) the spouse of a disabled veteran
who, because of the disability, is unable to qualify.
new text end