Read the full stored bill text
SENATE BILL No. 166
AN A CT concerning state employees; enacting the fostering competitive career
opportunities act; removing postsecondary degree requirements from state
employment considerations.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The provisions of sections 1 through 4 , and
amendments thereto, shall be known and may be cited as the fostering
competitive career opportunities act.
(b) The fostering competitive career opportunities act removes
unnecessary postsecondary degree requirements from hiring
considerations for state employment positions. Many such 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. These
requirements limit opportunities for hard-working Americans and
encourage unnecessary student debt. This act does not apply to
positions for which a postsecondary degree is a justifiable necessity.
New Sec. 2. As used in sections 1 through 4 , and amendments
thereto:
(a) "Applicant" means any individual seeking gainful employment
from a state employer;
(b) "baseline requirement" means the minimum skills, prior
training or prior experience necessary to perform the primary duties of
a position;
(c) "postsecondary degree" means an associate's, bachelor's or
graduate degree from an accredited postsecondary educational
institution;
(d) "direct experience" means any verifiable, previous work
experience during which:
(1) The applicant's primary duties were consistent with the
primary duties of the position currently sought; or
(2) the skills necessary to perform the applicant's primary duties
are transferable to the position currently sought;
(e) "hiring consideration" means:
(1) A decision to move an applicant on to a subsequent round in
the hiring process;
(2) a decision to include the applicant on a list of applicants for
consideration by another member of the employer's team;
(3) a decision to offer an applicant an interview for a position;
(4) a decision to promote, retain, increase compensation or
provide some other benefit to an employee of the state employer;
(5) an interview conducted in good faith between the state
employer and the applicant; or
(6) a decision to make a final offer of employment; and
(f) "state employer" means any state office or officer, department,
board, commission, institution, bureau, society or any agency, division
or unit within any state office, department, board, commission or other
state authority. "State employer" does not include any state office or
officer, department, board, commission, institution, bureau or society in
the legislative or judicial branches of government.
New Sec. 3. (a) For all hiring considerations, a state employer
shall not make any decision based solely on an applicant's lack of a
postsecondary degree.
(b) State employers shall determine the baseline requirements for
applicants for each job posting. Baseline requirements may include
prior direct experience, specific certifications or specific courses of
instruction, but shall not include a postsecondary degree requirement
except as provided in subsection (c). In all hiring considerations, no
state employer shall impose any additional requirements on applicants
for a job posting that exceed the baseline requirements.
SENATE BILL No. 166—page 2
(c) State employers may require a postsecondary degree for a
position if the state employer demonstrates that such degree is
necessary for the position based on specific skills required for the
position that can only be obtained through the attainment of a degree.
For any job posting that requires a postsecondary degree, a state
employer shall include information in such job posting substantiating
the necessity of the specific postsecondary degree required. Such
information shall demonstrate that the postsecondary degree is the only
possible measure to determine if an applicant possesses the specific
skills required for the position or that the position requires accreditation
or licensure that is only available to holders of specific postsecondary
degrees.
(d) Each job posting shall include any tests, training,
apprenticeships or other forms of assessment that may validate the
competencies of a candidate for such position.
(e) For any position in which direct experience may be considered
in lieu of a postsecondary degree, the state employer shall not require
more years of direct experience than:
(1) Two years for an associate's degree;
(2) four years for a bachelor's degree;
(3) six years for a master's degree;
(4) seven years for a professional degree; or
(5) nine years for a doctoral degree.
(f) Nothing in this section shall apply to any position that is filled
by political appointment.
New Sec. 4. Any state employer that issues a request for proposal
or other solicitation for any goods or services shall not require any
minimum experience or postsecondary educational attainment for any
contractor personnel as a prerequisite for consideration for an award of
a contract unless the state employer includes in the request for proposal
or solicitation a statement describing why the needs of the state
employer cannot be met without such requirement and how such
requirement ensures that such needs will be met.
SENATE BILL No. 166—page 3
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
_________________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE ________________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED ____________________________
_________________________
Governor.