SB 1166
Initials FK/JB Page 1 Transmitted
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
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) SB 1166
Initials FK/JB Page 2 Transmitted
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)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note