As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 162


Representatives Stebelton, Bubp 

Cosponsors: Representatives Adams, J., Antonio, Barnes, Blessing, Butler, Carey, Combs, Derickson, Dovilla, Fende, Murray, Newbold, Pillich, Rosenberger 



A BILL
To amend section 124.23 of the Revised Code to 1
eliminate the requirement that a veteran be a 2
resident of Ohio to qualify to receive the 3
veterans preference on civil service examinations.4


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 124.23 of the Revised Code be amended 5
to read as follows:6

       Sec. 124.23.  (A) All applicants for positions and places in 7
the classified service shall be subject to examination, except for 8
applicants for positions as professional or certified service and 9
paraprofessional employees of county boards of developmental 10
disabilities, who shall be hired in the manner provided in section 11
124.241 of the Revised Code.12

       (B) Any examination administered under this section shall be 13
public and be open to all citizens of the United States and those 14
persons who have legally declared their intentions of becoming 15
United States citizens. For examinations administered for 16
positions in the service of the state, the director of 17
administrative services may determine certain limitations as to 18
citizenship, age, experience, education, health, habit, and moral 19
character. 20

       (C) Any person who has completed service in the uniformed 21
services,and who has been honorably discharged from the uniformed 22
services or transferred to the reserve with evidence of 23
satisfactory service, and who is a resident of this state and any 24
member of the national guard or a reserve component of the armed 25
forces of the United States who has completed more than one 26
hundred eighty days of active duty service pursuant to an 27
executive order of the president of the United States or an act of 28
the congress of the United States may file with the director a 29
certificate of service or honorable discharge, and, upon this 30
filing, the person shall receive additional credit of twenty per 31
cent of the person's total grade given in the regular examination 32
in which the person receives a passing grade.33

       As used in this division, "service in the uniformed services" 34
and "uniformed services" have the same meanings as in the 35
"Uniformed Services Employment and Reemployment Rights Act of 36
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.37

       (D) An examination may include an evaluation of such factors 38
as education, training, capacity, knowledge, manual dexterity, and 39
physical or psychological fitness. An examination shall consist of 40
one or more tests in any combination. Tests may be written, oral, 41
physical, demonstration of skill, or an evaluation of training and 42
experiences and shall be designed to fairly test the relative 43
capacity of the persons examined to discharge the particular 44
duties of the position for which appointment is sought. Tests may 45
include structured interviews, assessment centers, work 46
simulations, examinations of knowledge, skills, and abilities, and 47
any other acceptable testing methods. If minimum or maximum 48
requirements are established for any examination, they shall be 49
specified in the examination announcement.50

       (E) The director of administrative services shall have 51
control of all examinations administered for positions in the 52
service of the state and all other examinations the director 53
administers as provided in section 124.07 of the Revised Code, 54
except as otherwise provided in sections 124.01 to 124.64 of the 55
Revised Code. 56

       (F) No questions in any examination shall relate to political 57
or religious opinions or affiliations. No credit for seniority, 58
efficiency, or any other reason shall be added to an applicant's 59
examination grade unless the applicant achieves at least the 60
minimum passing grade on the examination without counting that 61
extra credit.62

       (G) Except as otherwise provided in sections 124.01 to 124.64 63
of the Revised Code, the director of administrative services shall 64
give reasonable notice of the time, place, and general scope of 65
every competitive examination for appointment that the director 66
administers for positions in the service of the state. The 67
director shall send written, printed, or electronic notices of 68
every examination to be conducted for positions in the classified 69
civil service of the state to each agency of the type the director 70
of job and family services specifies and, in the case of a county 71
in which no such agency is located, to the clerk of the court of 72
common pleas of that county and to the clerk of each city located 73
within that county. Those notices shall be posted in conspicuous 74
public places in the designated agencies or the courthouse, and 75
city hall of the cities, of the counties in which no designated 76
agency is located for at least two weeks preceding any examination 77
involved, and in a conspicuous place in the office of the director 78
of administrative services for at least two weeks preceding any 79
examination involved. In case of examinations limited by the 80
director to a district, county, city, or department, the director 81
shall provide by rule for adequate publicity of an examination in 82
the district, county, city, or department within which competition 83
is permitted.84

       Section 2. That existing section 124.23 of the Revised Code 85
is hereby repealed.86

       Section 3.  Section 124.23 of the Revised Code is presented 87
in this act as a composite of the section as amended by both Am. 88
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. The 89
General Assembly, applying the principle stated in division (B) of 90
section 1.52 of the Revised Code that amendments are to be 91
harmonized if reasonably capable of simultaneous operation, finds 92
that the composite is the resulting version of the section in 93
effect prior to the effective date of the section as presented in 94
this act.95