LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6606 NOTE PREPARED: Dec 28, 2023
BILL NUMBER: HB 1180 BILL AMENDED:
SUBJECT: Public Employers.
FIRST AUTHOR: Rep. Criswell BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
XFEDERAL
Summary of Legislation: The bill prohibits a public employer from requiring or stating a preference for a
postsecondary degree for employment, rejecting an applicant solely on the basis of the applicant lacking a
postsecondary degree, or giving preferential treatment to an applicant who holds a postsecondary degree. It
provides an exemption if the job duties require a postsecondary degree and the public employer demonstrates
the necessity of a specific postsecondary degree in the job posting. The bill requires a public employer to
provide written notice to each applicant who has been eliminated from hiring consideration.
The bill allows an applicant to appeal a hiring decision to the Department of Labor (DOL) if the applicant
believes the decision was based on the applicant's lack of a postsecondary degree. The bill also allows any
person to report to the DOL a job posting that includes a requirement or preference for a postsecondary
degree and fails to include an explanation of the necessity of the postsecondary degree. It requires the DOL
to take certain actions if an appeal or a report is substantiated by the DOL.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Executive Branch Agencies as Employers: State executive branch
agencies would have increased workload [and/or] expenditures to make changes to hiring practices, rewrite
job requirements for job openings, and provide written notice to applicants who are eliminated from hiring
consideration. They may also be required to reopen the hiring process, modify a job posting, or take other
action required by the Department of Labor in cases where an appeal by a job candidate is substantiated. The
State Personnel Department would have increased workload to make changes to state hiring policies. [This
bill has the potential to impact all agencies as employers, thus impacting all funds that provide operating
funds to agency staff.]
HB 1180 1 DOL: The DOL would experience increased workload and/or expenditures to investigate appeals from
applicants who believe that they were eliminated from hiring consideration for certain public sector jobs due
to lack of a postsecondary degree. If employers are largely compliant and few appeals are made, the agency
could likely provide enforcement within current resources. If a large number of appeals are made, additional
staff and resources may be required. The additional funds and resources required could be supplied through
existing staff and resources currently being used in another program or with new appropriations. Ultimately,
the source of funds and resources required to satisfy the requirements of this bill will depend on legislative
and administrative actions.
Explanation of State Revenues:
Explanation of Local Expenditures: Political Subdivisions as Employers: Political subdivisions would
have increased workload [and/or] expenditures to make changes to hiring practices, rewrite job requirements
for job openings, and provide written notice to applicants who are eliminated from hiring consideration. They
may also be required to reopen the hiring process, modify a job posting, or take other action required by the
Department of Labor in cases where an appeal by a job candidate is substantiated.
Explanation of Local Revenues:
State Agencies Affected: Department of Labor; State Personnel Department; state executive branch agencies
as employers.
Local Agencies Affected: Political subdivisions as employers.
Information Sources:
Fiscal Analyst: Camille Tesch, 317-232-5293.
HB 1180 2