ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	Senate: GOV DP 6-0-1-0 | 3rd Read 17-11-2-0 House: GOV DP 9-0-0-0 | 3rd Read 58-0-2-0

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SB 1166: public employers; postsecondary degree requirements

Sponsor: Senator Kaiser, LD 2

Transmitted to the Governor

Overview

Outlines requirements for the use of postsecondary degrees in the hiring process.

History

The Arizona State Personnel Board hears and reviews disciplinary appeals and whistleblower complaints filed by covered state employees, former state employees, and other individuals referenced in statute (Arizona Personnel Board).

The Director of the Department of Administration (Director) or the Director's designee must:

1) employ staff as necessary to perform the duties prescribed by this article;

2) establish those offices as the Director determines necessary to maintain an effective and efficient program of personnel administration; and

3) adopt rules and procedures relating to personnel and personnel administration including:

a) procedures for the periodic and regular review and evaluation of the quality and quantity of work performed by employees;

b) the recruitment, selection and appointment process of eligible applicants;

c) changes to employment status; and

d) procedures for the review of complaints (A.R.S. § 41-743).

The Director may refuse or remove applicants from consideration of employment who:

1) deceived or had a fraudulent application;

2) failed to reply within a reasonable time to communications concerning the applicant's availability for employment;

3) are found to be unsuited or not qualified for employment; or

4) lacks any of the requirements established by the Director for the position for which the applicant applies (A.R.S. § 41-746).

Provisions

1. Prohibits public employers from rejecting applicants solely for not having a postsecondary degree. (Sec. 1)

2. Mandates public employers determine baseline requirements for jobs, including direct experience, certifications and courses. Postsecondary degrees may be included as a baseline requirement only as an alternative to years of direct experience not to exceed:

a) two years for an associate degree;

b) four years for a bachelor's degree;

c) six years for a master's degree;

d) seven years for a professional degree; and

e) nine years for a doctoral degree. (Sec. 1)

3. Exempts public employers from direct experience requirements if the job demonstrates that a postsecondary degree is required. (Sec. 1)

4. States that public employers must explain why a postsecondary degree is needed or that the position requires advanced accreditation or licensure. (Sec. 1)

5. Charges the State Personnel Board to enforce stated requirements. (Sec. 1)

6. Makes public employers provide written notices to each eliminated applicant from hiring consideration, including the reason they did not meet the baseline requirements. (Sec. 1)

7. Permits applicants eliminated from hiring consideration to appeal decisions to the State Personnel Board if they believe the decision was based on their lack of a postsecondary degree. (Sec. 1)

8. Allows any person to report public employers if open positions require a postsecondary degree and fail to give the required explanation. (Sec. 1)

9. States that if a report or appeal is substantiated, the State Personnel Board may require a public employer to:

a) reopen the hiring process;

b) modify the job posting; and

c) take any other actions necessary to comply with stated requirements. (Sec. 1)

10. Exempts political appointments from these requirements. (Sec. 1)

11. Defines:

a) applicant;

b) baseline requirement;

c) direct experience;

d) hiring consideration;

e) postsecondary degree; and

f) public employer. (Sec. 1)

12. Contains a legislative findings clause. (Sec. 2)

13. Contains a delayed effective of January 1, 2024. (Sec. 3)

14. States that this may be cited as the Expanding Public Sector Career Opportunities Act. (Sec. 4)

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18.                   SB 1166

19. Initials FK/JB        Page 0 Transmitted

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