Req. No. 447 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) SENATE BILL 724 By: Frix AS INTRODUCED An Act relating to labor; creating the Expanding Public Sector Career Opportunities Act; providing short title; defining terms; prohibiting public employers from rejecting certain applicants; requiring public employers to establish certain requirements; exempting educational requirements ; establishing experience maximums for certain degrees; exempting provisions of this act for certain appointments and employees; allowing for certain notice and appeals during hiring pr ocess; authorizing the Office of Management and Enterprise Services to manage appeal process ; providing for promulgation of rules; providing for codification; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 910 of Title 40, unless there is created a duplication in num bering, reads as follows: This act shall be known and may be cited as the “Expanding Public Sector Career Opportunities Act ”. SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 910.1 of Title 40, unless there is created a duplication in numbering, reads as follows: Req. No. 447 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. As used in this act: 1. “Applicant” means any individual seeking gainful employment from a public employer; 2. “Baseline requirement ” means the minimum skills, prior training, or prior experience necessary to perform the primary duties of a position; 3. “Postsecondary degree ” means an associate’s, bachelor’s, or postgraduate degree from an accredited institution; 4. “Direct experience” means any verifiable, previous work experience during which: a. the applicant’s primary duties were consistent with the primary duties of the position currently sought, or b. the skills necessary to perform the applicant ’s primary duties are transferable to the position currently sought; 5. “Hiring consideration” means: a. a decision to move an applicant to a subsequent r ound in the hiring process, b. a decision to include the applicant on a list of applicants for consideration by another member of the employer’s team, c. a decision to offer an a pplicant an interview, Req. No. 447 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 d. a decision to promote, retain, increase compensation, or provide some other benefit to a current employee of a public employer, e. an interview held in good faith between the employer and the applicant, or f. a final offer of empl oyment; and 6. “Public employer” means any public municipal, county, or state agency, or division. B. 1. For all hiring considerations, public employers may not reject an applicant solely on the basis of the applicant lacking a postsecondary degree. 2. Public employers shall determine baseline requirements for applicants for each job posting. Public employers may include: a. prior direct experience as a baseline requirement, or b. particular certificates and courses as a baseline requirement; provided, that a postsecondary degree shall not be included as a baseline requirement. 3. For hiring considerations, public employers shall follow the baseline requirements. C. Public employers are only permitted to require a minimum educational attainment for a position if the public employer demonstrates that such educational attainment is necessary for the position based on specified skills required for the position that can only be obtained through a certain degree. Req. No. 447 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 D. 1. As a prerequisite to being exempt un der this section, public employers shall dedicate a portion of the job posting to substantiating the necessity of a specific postsecondary degree, on the basis that: a. the postsecondary degree is the only possible measure to determine if an applicant poss esses specific skills, or b. the position requires advanced accreditation or licensure that is only available to holders of a specific postsecondary degree. 2. Public employers shall include in their job postings any tests, training, apprenticeship, or ot her forms of assessment that may validate the competencies of a candidate for a position. 3. Public employers substituting experience for a postsecondary degree may not exceed: a. two (2) years of direct experience for an associate ’s degree, b. four (4) years of direct experience for a bachelor ’s degree, c. six (6) years of direct experience for a master ’s degree, d. seven (7) years of direct experience for a professional degree, or Req. No. 447 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 e. nine (9) years of direct experience for a doctoral degree. E. Nothing in this act shall apply to appointments pursuant to Section 10 of Title 51 of the Oklahoma Statutes. F. A solicitation of a public employer for any good or service may not set forth any minimum experience or educational requirement for proposed contractor personnel in order for a bidder to be eligible for award of a contract unless the contracting officer includes in the solicitation a written justification that explains why the needs of the executive agency cannot be met without any such requirement and clarifies how the requirement ensure s the needs are met. G. 1. Public employe rs shall provide written notice to each applicant eliminated from hiring consideration that identifies the reason the applicant did not meet the baseline requirements for the job posting. 2. Applicants eliminated from hiring consideration who reasonably believe the decision was based on the applicant ’s lack of a postsecondary degree may appeal this decision to the Office of Management and Enterprise Services. 3. Any person may r eport open positions with public employers in this state that require a postse condary degree and fail to include an explanation required in this act. Req. No. 447 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. If the appeal or report is substantial, the Office of Management and Enterprise Services may require the public employer to reopen the hiring process, require the public employer to modify the job posting, and take other actions as necessary to comply with this act. H. The Office of Management and Enterprise Services shall promulgate the rules necessary f or the implementation of this act. SECTION 3. This act shall become effective November 1, 2025. 60-1-447 MR 1/15/2025 10:48:06 AM