Arizona 2023 Regular Session

Arizona Senate Bill SB1166 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~Senate Engrossed~~ public employers; postsecondary degree requirements State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 ~~SENATE BILL~~ 1166 An Act amending title 41, chapter 4, article 4, Arizona Revised Statutes, by adding section 41-755; relating to the state personnel board. (TEXT OF BILL BEGINS ON NEXT PAGE)
	1	+	REFERENCE TITLE: public employers; postsecondary degree requirements State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1166 Introduced by Senators Kaiser: Carroll, Rogers, Shamp An Act amending title 41, chapter 4, article 4, Arizona Revised Statutes, by adding section 41-755; relating to the state personnel board. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9		-	~~Senate Engrossed~~ public employers; postsecondary degree requirements
	9	+	REFERENCE TITLE: public employers; postsecondary degree requirements
10	10		State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
11		-	SENATE BILL 1166
	11	+	SB 1166
	12	+	Introduced by Senators Kaiser: Carroll, Rogers, Shamp
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13		-	Senate Engrossed
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17		-	public employers; postsecondary degree requirements
	14	+	REFERENCE TITLE: public employers; postsecondary degree requirements
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27	24		State of Arizona
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31	28		Fifty-sixth Legislature
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33	30		First Regular Session
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43		-	SENATE BILL 1166
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	44	+	Introduced by
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	46	+	Senators Kaiser: Carroll, Rogers, Shamp
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49	62		An Act
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53	66		amending title 41, chapter 4, article 4, Arizona Revised Statutes, by adding section 41-755; relating to the state personnel board.
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59	72		(TEXT OF BILL BEGINS ON NEXT PAGE)
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63	76		Be it enacted by the Legislature of the State of Arizona: Section 1. Title 41, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 41-755, to read: START_STATUTE41-755. Public employers; postsecondary degree requirements; exemption; notice; definitions A. public employers may not reject an applicant SOLely for not having a postsecondary degree. Public employers must determine the baseline requirements for applicants for each job posting and may include previous direct experience, certifications and courses as baseline requirements. Public employers may include a postsecondary degree as a baseline requirement only as an alternative to a particular number of years of direct experience that may not be more than: 1. two years for an associate degree. 2. Four years for a bachelor's degree. 3. Six years for a MASTER'S degree. 4. Seven years for a professional degree. 5. Nine years for a doctoral degree. B. A public employer is exempt from this section if the public employer clearly demonstrates that a job's duties require a postsecondary degree. If exempt, the public employer's job posting must describe the necessity for a postsecondary degree and explain why A postsecondary degree is the best measure to DETERMINE if an applicant possesses the specific skills necessary for the position or must indicate that the position requires advanced accreditation or licensure that is only available to holders of specific postsecondary degrees. C. The State personnel board shall enforce this section to ensure compliance. D. Public employers must provide written notice to each applicant who is eliminated from hiring consideration. The notice must identify the reason the applicant did not meet the baseline requirements for the job posting. An applicant who is eliminated from hiring consideration and who reasonably believes the decision was based on the applicant's lack of a postsecondary degree may appeal this decision to the State personnel BOARD. E. Any person may report to the state personnel board a public employer that posts open positions that require a postsecondary degree and that fails to include the explanation required by subsection B of this section. F. If an appeal or report is substantiated, the State personnel BOARD may require the public employer to do all of the following: 1. reopen the hiring process. 2. modify the job posting. 3. take any other actions as necessary to comply with this section. G. This section does not apply to political appointments. H. For the purposes of this section: 1. "Applicant" means an INDIVIDUAL who seeks gainful employment from a public employer. 2. "Baseline requirement" means the minimum skills, previous training or previous experience that is necessary to perform the primary duties of the position. 3. "Direct experience" means any verifiable work experience where an applicant's primary duties were consistent with the primary duties of the position currently sought or where an applicant's current skills are applicable to the position currently sought. 4. "Hiring consideration" means any of the following: (a) A decision to move an applicant to a subsequent round in the hiring process. (b) A decision to include an applicant on a list of applicants for consideration by another member of the employer's team. (c) A decision to offer an applicant an interview. (d) An interview held in good faith between the employer and the applicant. (e) A final offer of employment. 5. "Postsecondary degree" means an associate degree, bachelor's degree or graduate degree from an accredited institution. 6. "Public employer" means any state agency, board or commission. END_STATUTE Sec. 2. Legislative findings The legislature finds that: 1. Many positions have experienced a phenomenon called degree inflation as more employers rely on a postsecondary degree as an indicator of career readiness instead of using relevant work experience. 2. Postsecondary degree requirements limit opportunities for hard working Americans and encourage unnecessary student debt. 3. There are over three million six hundred thousand workers in this state and approximately sixty-five percent of the workforce in this state does not have a postsecondary degree. 4. There are approximately seven hundred seventy-three vacant government positions in this state. 5. Public employers in this state are having a hard time finding quality applicants. Sec. 3. Effective date This section is effective from and after December 31, 2023. Sec. 4. Short title This act may be cited as the "Expanding Public Sector Career Opportunities Act".
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65	78		Be it enacted by the Legislature of the State of Arizona:
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67	80		Section 1. Title 41, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 41-755, to read:
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69	82		START_STATUTE41-755. Public employers; postsecondary degree requirements; exemption; notice; definitions
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71	84		A. public employers may not reject an applicant SOLely for not having a postsecondary degree. Public employers must determine the baseline requirements for applicants for each job posting and may include previous direct experience, certifications and courses as baseline requirements. Public employers may include a postsecondary degree as a baseline requirement only as an alternative to a particular number of years of direct experience that may not be more than:
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73	86		1. two years for an associate degree.
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75	88		2. Four years for a bachelor's degree.
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77	90		3. Six years for a MASTER'S degree.
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79	92		4. Seven years for a professional degree.
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81	94		5. Nine years for a doctoral degree.
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83	96		B. A public employer is exempt from this section if the public employer clearly demonstrates that a job's duties require a postsecondary degree. If exempt, the public employer's job posting must describe the necessity for a postsecondary degree and explain why A postsecondary degree is the best measure to DETERMINE if an applicant possesses the specific skills necessary for the position or must indicate that the position requires advanced accreditation or licensure that is only available to holders of specific postsecondary degrees.
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85	98		C. The State personnel board shall enforce this section to ensure compliance.
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87	100		D. Public employers must provide written notice to each applicant who is eliminated from hiring consideration. The notice must identify the reason the applicant did not meet the baseline requirements for the job posting. An applicant who is eliminated from hiring consideration and who reasonably believes the decision was based on the applicant's lack of a postsecondary degree may appeal this decision to the State personnel BOARD.
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89	102		E. Any person may report to the state personnel board a public employer that posts open positions that require a postsecondary degree and that fails to include the explanation required by subsection B of this section.
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91	104		F. If an appeal or report is substantiated, the State personnel BOARD may require the public employer to do all of the following:
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93	106		1. reopen the hiring process.
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95	108		2. modify the job posting.
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97	110		3. take any other actions as necessary to comply with this section.
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99	112		G. This section does not apply to political appointments.
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101	114		H. For the purposes of this section:
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103	116		1. "Applicant" means an INDIVIDUAL who seeks gainful employment from a public employer.
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105	118		2. "Baseline requirement" means the minimum skills, previous training or previous experience that is necessary to perform the primary duties of the position.
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107	120		3. "Direct experience" means any verifiable work experience where an applicant's primary duties were consistent with the primary duties of the position currently sought or where an applicant's current skills are applicable to the position currently sought.
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109	122		4. "Hiring consideration" means any of the following:
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111	124		(a) A decision to move an applicant to a subsequent round in the hiring process.
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113	126		(b) A decision to include an applicant on a list of applicants for consideration by another member of the employer's team.
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115	128		(c) A decision to offer an applicant an interview.
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117	130		(d) An interview held in good faith between the employer and the applicant.
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119	132		(e) A final offer of employment.
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121	134		5. "Postsecondary degree" means an associate degree, bachelor's degree or graduate degree from an accredited institution.
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123	136		6. "Public employer" means any state agency, board or commission. END_STATUTE
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125	138		Sec. 2. Legislative findings
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127	140		The legislature finds that:
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129	142		1. Many positions have experienced a phenomenon called degree inflation as more employers rely on a postsecondary degree as an indicator of career readiness instead of using relevant work experience.
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131	144		2. Postsecondary degree requirements limit opportunities for hard working Americans and encourage unnecessary student debt.
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133	146		3. There are over three million six hundred thousand workers in this state and approximately sixty-five percent of the workforce in this state does not have a postsecondary degree.
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135	148		4. There are approximately seven hundred seventy-three vacant government positions in this state.
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137	150		5. Public employers in this state are having a hard time finding quality applicants.
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139	152		Sec. 3. Effective date
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141	154		This section is effective from and after December 31, 2023.
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143	156		Sec. 4. Short title
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145	158		This act may be cited as the "Expanding Public Sector Career Opportunities Act".