*ES0034.1*
February 22, 2024
ENGROSSED
SENATE BILL No. 34
_____
DIGEST OF SB 34 (Updated February 22, 2024 8:38 am - DI 140)
Citations Affected: IC 25-1.
Synopsis: Occupational licensing. Requires the professional licensing
agency (agency) to study universal occupational licensing laws enacted
in other states. Requires the agency to submit a report with findings and
recommendations to the general assembly not later than October 31,
2025. Extends certain dates and expands certain duties regarding the
comprehensive review of occupational licensing by public agencies.
Delays the date that certain individuals may begin to file a petition to
repeal or modify certain occupational regulations. (The introduced
version of this bill was prepared by the interim study committee on
employment and labor.)
Effective: Upon passage.
Rogers, Crane, Hunley, Ford J.D.,
Randolph Lonnie M
(HOUSE SPONSORS — MILLER D, TESHKA, BAUER M)
January 8, 2024, read first time and referred to Committee on Commerce and Technology.
January 16, 2024, reassigned to Committee on Pensions and Labor pursuant to Rule 68(b).
January 25, 2024, amended, reported favorably — Do Pass.
February 1, 2024, read second time, amended, ordered engrossed.
February 2, 2024, engrossed.
February 5, 2024, read third time, passed. Yeas 48, nays 0.
HOUSE ACTION
February 12, 2024, read first time and referred to Committee on Employment, Labor and
Pensions.
February 22, 2024, reported — Do Pass.
ES 34—LS 6035/DI 141 February 22, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 34
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 25-1-6-11 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 11. (a) The licensing agency shall study
4 other states that have adopted universal occupational licensing, at
5 least in part, and evaluate the effectiveness and ease of
6 administration of those laws.
7 (b) Not later than October 31, 2025, the licensing agency shall:
8 (1) prepare a report with findings and recommendations
9 based on the licensing agency's study and evaluation under
10 subsection (a); and
11 (2) submit the report to the general assembly in an electronic
12 format under IC 5-14-6.
13 (c) The licensing agency may delegate its duties under
14 subsection (a) to another person so long as the contract price does
15 not exceed fifty thousand dollars ($50,000).
16 (d) This section expires July 1, 2026.
17 SECTION 2. IC 25-1-16.5-8, AS ADDED BY P.L.142-2023,
ES 34—LS 6035/DI 141 2
1 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 UPON PASSAGE]: Sec. 8. (a) Not later than July 1, 2025, 2026, each
3 public agency shall conduct a comprehensive review of all
4 occupational licenses and occupational regulations within the public
5 agency's jurisdiction. In conducting a review under this section, the
6 public agency shall do the following:
7 (1) Articulate with specificity the public health, safety, or welfare
8 objective served by the occupational license or occupational
9 regulation.
10 (2) Articulate the reason why the occupational license or
11 occupational regulation is necessary to serve the objective
12 specified under subdivision (1).
13 (3) Analyze, when information is readily available, the effects of
14 the occupational license or occupational regulation on the
15 following:
16 (A) Opportunities for workers.
17 (B) Consumer choices and costs.
18 (C) General unemployment.
19 (D) Market competition.
20 (E) Governmental costs.
21 (F) Any other effects identified by the public agency.
22 (4) Determine if other states have a similar occupational license
23 or occupational regulation and compare how other states regulate
24 the business or profession.
25 (b) If a public agency finds that an occupational license or
26 occupational regulation does not satisfy the standard set forth in section
27 7 of this chapter, the public agency shall:
28 (1) repeal or modify the occupational regulation, to the extent
29 permitted under the public agency's authority, to conform with the
30 standard set forth in section 7 of this chapter; or
31 (2) if an action under subdivision (1) is not within the public
32 agency's authority, recommend to the general assembly actions
33 necessary to repeal or modify the occupational license or
34 occupational regulation to conform to the standard set forth in
35 section 7 of this chapter.
36 (c) Not later than October 1, 2025, 2026, each public agency shall:
37 (1) prepare a report identifying all actions that the public agency
38 has taken to conform with this section; and
39 (2) submit the report under subdivision (1) to the legislative
40 council in an electronic format under IC 5-14-6.
41 SECTION 3. IC 25-1-16.5-9, AS ADDED BY P.L.142-2023,
42 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
ES 34—LS 6035/DI 141 3
1 UPON PASSAGE]: Sec. 9. (a) After July 1, 2025, 2026, a person who
2 engages in an occupation or profession to which an occupational
3 regulation applies may file a petition for repeal or modification of the
4 occupational regulation with the public agency having jurisdiction over
5 enforcement of the occupational regulation.
6 (b) Not later than ninety (90) days after a petition is filed under
7 subsection (a), the public agency shall either:
8 (1) repeal or modify the occupational regulation to conform to the
9 standard set forth in section 7 of this chapter; or
10 (2) state the basis on which the public agency has concluded that
11 the occupational regulation conforms to the standard set forth in
12 section 7 of this chapter.
13 SECTION 4. An emergency is declared for this act.
ES 34—LS 6035/DI 141 4
REPORT OF THE PRESIDENT
PRO TEMPORE
Madam President: Pursuant to Senate Rule 68(b), I hereby report
that Senate Bill 34, currently assigned to the Committee on Commerce
and Technology, be reassigned to the Committee on Pensions and
Labor.
BRAY
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Pensions and Labor,
to which was referred Senate Bill No. 34, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 1, line 3, delete "shall:" and insert "shall study other states
that have adopted universal occupational licensing, at least in part,
and evaluate the effectiveness and ease of administration of those
laws.".
Page 1, delete lines 4 through 13.
Page 1, line 14, delete "2024," and insert "2025,".
Page 2, between lines 2 and 3, begin a new paragraph and insert:
"(c) The licensing agency may delegate its duties under
subsection (a) to another person so long as the contract price does
not exceed fifty thousand dollars ($50,000).".
Page 2, line 3, delete "(c)" and insert "(d)".
Page 2, line 3, delete "2025." and insert "2026.".
and when so amended that said bill do pass.
(Reference is to SB 34 as introduced.)
ROGERS, Chairperson
Committee Vote: Yeas 10, Nays 0.
_____
SENATE MOTION
Madam President: I move that Senate Bill 34 be amended to read as
follows:
Page 1, between lines 16 and 17, begin a new paragraph and insert:
ES 34—LS 6035/DI 141 5
"SECTION 2. IC 25-1-16.5-8, AS ADDED BY P.L.142-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) Not later than July 1, 2025, 2026, each
public agency shall conduct a comprehensive review of all
occupational licenses and occupational regulations within the public
agency's jurisdiction. In conducting a review under this section, the
public agency shall do the following:
(1) Articulate with specificity the public health, safety, or welfare
objective served by the occupational license or occupational
regulation.
(2) Articulate the reason why the occupational license or
occupational regulation is necessary to serve the objective
specified under subdivision (1).
(3) Analyze, when information is readily available, the effects of
the occupational license or occupational regulation on the
following:
(A) Opportunities for workers.
(B) Consumer choices and costs.
(C) General unemployment.
(D) Market competition.
(E) Governmental costs.
(F) Any other effects identified by the public agency.
(4) Determine if other states have a similar occupational license
or occupational regulation and compare how other states regulate
the business or profession.
(b) If a public agency finds that an occupational license or
occupational regulation does not satisfy the standard set forth in section
7 of this chapter, the public agency shall:
(1) repeal or modify the occupational regulation, to the extent
permitted under the public agency's authority, to conform with the
standard set forth in section 7 of this chapter; or
(2) if an action under subdivision (1) is not within the public
agency's authority, recommend to the general assembly actions
necessary to repeal or modify the occupational license or
occupational regulation to conform to the standard set forth in
section 7 of this chapter.
(c) Not later than October 1, 2025, 2026, each public agency shall:
(1) prepare a report identifying all actions that the public agency
has taken to conform with this section; and
(2) submit the report under subdivision (1) to the legislative
council in an electronic format under IC 5-14-6.
SECTION 3. IC 25-1-16.5-9, AS ADDED BY P.L.142-2023,
ES 34—LS 6035/DI 141 6
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) After July 1, 2025, 2026, a person who
engages in an occupation or profession to which an occupational
regulation applies may file a petition for repeal or modification of the
occupational regulation with the public agency having jurisdiction over
enforcement of the occupational regulation.
(b) Not later than ninety (90) days after a petition is filed under
subsection (a), the public agency shall either:
(1) repeal or modify the occupational regulation to conform to the
standard set forth in section 7 of this chapter; or
(2) state the basis on which the public agency has concluded that
the occupational regulation conforms to the standard set forth in
section 7 of this chapter.".
Renumber all SECTIONS consecutively.
(Reference is to SB 34 as printed January 26, 2024.)
ROGERS
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Employment, Labor and Pensions,
to which was referred Senate Bill 34, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill do pass.
(Reference is to SB 34 as reprinted February 2, 2024.)
VANNATTER
Committee Vote: Yeas 9, Nays 0
ES 34—LS 6035/DI 141