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2000 SESSION

003501516
SENATE BILL NO. 214
Offered January 13, 2000
A BILL to amend and reenact § 2.1-112 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.1-114.5:02, relating to preferences for veterans for employment with the Commonwealth.
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Patrons-- Puckett, Marye, Reynolds and Schrock
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Referred to Committee on General Laws
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Be it enacted by the General Assembly of Virginia:

1. That § 2.1-112 of the Code of Virginia is amended and reenacted, and that the Code of Virginia is amended by adding a section numbered 2.1-114.5:02 as follows:

§ 2.1-112. Grade or rating increase and other preferences for veterans.

A. In a manner consistent with federal and state law, if any veteran applies for employment with the Commonwealth which is based on the passing of any written examination, the veteran's grade or rating on such examination shall be increased by five percent. However, if the veteran has a service-connected disability rating fixed by the United States Veterans Administration, his grade or rating shall be increased by ten percent on such written examination. Such increases shall apply only if the veteran passes such examination.

B. In a manner consistent with federal and state law, if any veteran applies for employment with the Commonwealth which is not based on the passing of any examination, including all vacancies where a state entity seeks applicants by advertising such vacancy outside of the agency, such veteran's military service veteran shall be taken into consideration given preference by the Commonwealth during the selection process, provided that such veteran meets all of the knowledge, skill, and ability requirements for the available position.

C. In a manner consistent with federal and state law, if a reduction in force is necessary in a state agency and personnel are discharged according to seniority, the number of years of service of any veteran shall be determined by adding that veteran’s total years of service in state government to his total years of service as a member of the armed forces of the United States.

D. Intentional violation of this section by any department, institution or agency shall constitute malfeasance in office and shall subject the officer responsible for such violation to suspension or removal from office, as may be provided by law in other cases of malfeasance.

C.E. If any veteran is denied employment with the Commonwealth, he shall be entitled, to the extent permitted by law, to request and inspect information regarding the reasons for such denial. If a veteran believes a state agency has violated the provisions of this section, he may file a complaint with the Director of the Department of Personnel and Training in such form and manner as the Director may prescribe. Such veteran may also bring an action in general district or circuit court having jurisdiction over the employer who allegedly failed to comply with the veteran's preference provisions of this section. Such action shall be brought within 180 days from the date the veteran is notified of the employment decision which is alleged not to comply with the provisions of the veteran’s preference. In any case where the veteran prevails, the court may award attorney's fees and compensatory damages. Punitive or exemplary damages shall not be awarded.

D. F. For purposes of this section, "veteran" means any person who has received an honorable discharge and has (i) provided more than 180 consecutive days of full-time, active-duty service in the United States Army, Navy, Air Force, Marines, Coast Guard, or reserve components thereof, including the National Guard, or (ii) has a service-connected disability rating fixed by the United States Veterans Administration.

§ 2.1-114.5:02. Preference for veterans.

The Department shall develop personnel policies implementing the provisions of § 2.1-112. For the purposes of this section, “veteran” means any person who has received an honorable discharge and has (i) provided more than 180 consecutive days of full-time, active-duty service in the United States Army, Navy, Air Force, Marines, Coast Guard, or reserve components thereof, including the National Guard, or (ii) has a service-connected disability rating fixed by the United States Veterans Administration.

Such personnel policies shall (i) allow any veteran who has been denied employment with the Commonwealth to file a complaint with the Department within sixty days of the denial of employment and (ii) provide for the Department to investigate and attempt resolution of all such complaints within sixty days of receipt, including reasonable efforts to obtain compliance with all applicable provisions relating to veteran's preferences.