ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

Senate: RAGE DPA 4-3-0-0 | Third Read 17-12-1-0-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB 1013: public employees; merit; hiring practices

Sponsor: Senator Shamp, LD 29

Committee on Government

Overview

Prohibits Arizona or its political subdivisions from hiring employees based on conditions other than merit and allows legal action if a violation occurs.

History

The Arizona Constitution prohibits the state from granting preferential treatment or discriminating on the basis of sex, race, color, ethnicity or national origin in the operation of public employment, education or contracting. This prohibition does not include qualifications based on sex that are reasonable and necessary, actions to establish or maintain federal programs that would otherwise result in a loss of federal money or invalidate court orders and consent decrees (Article II § 36, Const. of Ariz.).

A similar bill was introduced in the 57th Legislature, 1st Regular Session, and was vetoed by the Governor (SB 1584 public employees; merit; hiring practices).

Provisions

1.   Prohibits Arizona or a political subdivision from doing any of the following:

a.   establishing any policies or practices that require the person to be hired based on anything other than the person's merit; or

b.   manipulating or influencing the composition of employees with reference to race, ethnicity, sex or national origin except to ensure color-blind and race-neutral hiring. (Sec. 1)

2.   Permits the Attorney General, county attorney or any other person to file for declaratory relief, injunctive relief or damages for any violation of this legislation. (Sec. 1)

3.   Stipulates that the prevailing party is entitled to costs and reasonable attorney fees. (Sec. 1)

4.   Asserts that this legislation does not contradict any Arizona laws or federal employment laws that prohibit discriminatory practices. (Sec. 1)

5.   Stipulates that this legislation does not apply to, limit or diminish voluntary veterans' preference employment policies or any other veterans' preference policies. (Sec. 1)

6.   Defines merit. (Sec. 1)

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10.  Initials ML/MN               SB 1013

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