IN
Indiana Senate Bill SB0034

Indiana 2024 Regular Session

Indiana Senate Bill SB0034 Compare Versions

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1+*ES0034.1*
2+February 22, 2024
3+ENGROSSED
4+SENATE BILL No. 34
5+_____
6+DIGEST OF SB 34 (Updated February 22, 2024 8:38 am - DI 140)
7+Citations Affected: IC 25-1.
8+Synopsis: Occupational licensing. Requires the professional licensing
9+agency (agency) to study universal occupational licensing laws enacted
10+in other states. Requires the agency to submit a report with findings and
11+recommendations to the general assembly not later than October 31,
12+2025. Extends certain dates and expands certain duties regarding the
13+comprehensive review of occupational licensing by public agencies.
14+Delays the date that certain individuals may begin to file a petition to
15+repeal or modify certain occupational regulations. (The introduced
16+version of this bill was prepared by the interim study committee on
17+employment and labor.)
18+Effective: Upon passage.
19+Rogers, Crane, Hunley, Ford J.D.,
20+Randolph Lonnie M
21+(HOUSE SPONSORS — MILLER D, TESHKA, BAUER M)
22+January 8, 2024, read first time and referred to Committee on Commerce and Technology.
23+January 16, 2024, reassigned to Committee on Pensions and Labor pursuant to Rule 68(b).
24+January 25, 2024, amended, reported favorably — Do Pass.
25+February 1, 2024, read second time, amended, ordered engrossed.
26+February 2, 2024, engrossed.
27+February 5, 2024, read third time, passed. Yeas 48, nays 0.
28+HOUSE ACTION
29+February 12, 2024, read first time and referred to Committee on Employment, Labor and
30+Pensions.
31+February 22, 2024, reported — Do Pass.
32+ES 34—LS 6035/DI 141 February 22, 2024
133 Second Regular Session of the 123rd General Assembly (2024)
234 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
335 Constitution) is being amended, the text of the existing provision will appear in this style type,
436 additions will appear in this style type, and deletions will appear in this style type.
537 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
638 provision adopted), the text of the new provision will appear in this style type. Also, the
739 word NEW will appear in that style type in the introductory clause of each SECTION that adds
840 a new provision to the Indiana Code or the Indiana Constitution.
941 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1042 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 34
12-AN ACT to amend the Indiana Code concerning professions and
13-occupations.
43+ENGROSSED
44+SENATE BILL No. 34
45+A BILL FOR AN ACT to amend the Indiana Code concerning
46+professions and occupations.
1447 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 25-1-6-11 IS ADDED TO THE INDIANA CODE
16-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
17-UPON PASSAGE]: Sec. 11. (a) The licensing agency shall study
18-other states that have adopted universal occupational licensing, at
19-least in part, and evaluate the effectiveness and ease of
20-administration of those laws.
21-(b) Not later than October 31, 2025, the licensing agency shall:
22-(1) prepare a report with findings and recommendations
23-based on the licensing agency's study and evaluation under
24-subsection (a); and
25-(2) submit the report to the general assembly in an electronic
26-format under IC 5-14-6.
27-(c) The licensing agency may delegate its duties under
48+1 SECTION 1. IC 25-1-6-11 IS ADDED TO THE INDIANA CODE
49+2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
50+3 UPON PASSAGE]: Sec. 11. (a) The licensing agency shall study
51+4 other states that have adopted universal occupational licensing, at
52+5 least in part, and evaluate the effectiveness and ease of
53+6 administration of those laws.
54+7 (b) Not later than October 31, 2025, the licensing agency shall:
55+8 (1) prepare a report with findings and recommendations
56+9 based on the licensing agency's study and evaluation under
57+10 subsection (a); and
58+11 (2) submit the report to the general assembly in an electronic
59+12 format under IC 5-14-6.
60+13 (c) The licensing agency may delegate its duties under
61+14 subsection (a) to another person so long as the contract price does
62+15 not exceed fifty thousand dollars ($50,000).
63+16 (d) This section expires July 1, 2026.
64+17 SECTION 2. IC 25-1-16.5-8, AS ADDED BY P.L.142-2023,
65+ES 34—LS 6035/DI 141 2
66+1 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
67+2 UPON PASSAGE]: Sec. 8. (a) Not later than July 1, 2025, 2026, each
68+3 public agency shall conduct a comprehensive review of all
69+4 occupational licenses and occupational regulations within the public
70+5 agency's jurisdiction. In conducting a review under this section, the
71+6 public agency shall do the following:
72+7 (1) Articulate with specificity the public health, safety, or welfare
73+8 objective served by the occupational license or occupational
74+9 regulation.
75+10 (2) Articulate the reason why the occupational license or
76+11 occupational regulation is necessary to serve the objective
77+12 specified under subdivision (1).
78+13 (3) Analyze, when information is readily available, the effects of
79+14 the occupational license or occupational regulation on the
80+15 following:
81+16 (A) Opportunities for workers.
82+17 (B) Consumer choices and costs.
83+18 (C) General unemployment.
84+19 (D) Market competition.
85+20 (E) Governmental costs.
86+21 (F) Any other effects identified by the public agency.
87+22 (4) Determine if other states have a similar occupational license
88+23 or occupational regulation and compare how other states regulate
89+24 the business or profession.
90+25 (b) If a public agency finds that an occupational license or
91+26 occupational regulation does not satisfy the standard set forth in section
92+27 7 of this chapter, the public agency shall:
93+28 (1) repeal or modify the occupational regulation, to the extent
94+29 permitted under the public agency's authority, to conform with the
95+30 standard set forth in section 7 of this chapter; or
96+31 (2) if an action under subdivision (1) is not within the public
97+32 agency's authority, recommend to the general assembly actions
98+33 necessary to repeal or modify the occupational license or
99+34 occupational regulation to conform to the standard set forth in
100+35 section 7 of this chapter.
101+36 (c) Not later than October 1, 2025, 2026, each public agency shall:
102+37 (1) prepare a report identifying all actions that the public agency
103+38 has taken to conform with this section; and
104+39 (2) submit the report under subdivision (1) to the legislative
105+40 council in an electronic format under IC 5-14-6.
106+41 SECTION 3. IC 25-1-16.5-9, AS ADDED BY P.L.142-2023,
107+42 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
108+ES 34—LS 6035/DI 141 3
109+1 UPON PASSAGE]: Sec. 9. (a) After July 1, 2025, 2026, a person who
110+2 engages in an occupation or profession to which an occupational
111+3 regulation applies may file a petition for repeal or modification of the
112+4 occupational regulation with the public agency having jurisdiction over
113+5 enforcement of the occupational regulation.
114+6 (b) Not later than ninety (90) days after a petition is filed under
115+7 subsection (a), the public agency shall either:
116+8 (1) repeal or modify the occupational regulation to conform to the
117+9 standard set forth in section 7 of this chapter; or
118+10 (2) state the basis on which the public agency has concluded that
119+11 the occupational regulation conforms to the standard set forth in
120+12 section 7 of this chapter.
121+13 SECTION 4. An emergency is declared for this act.
122+ES 34—LS 6035/DI 141 4
123+REPORT OF THE PRESIDENT
124+PRO TEMPORE
125+Madam President: Pursuant to Senate Rule 68(b), I hereby report
126+that Senate Bill 34, currently assigned to the Committee on Commerce
127+and Technology, be reassigned to the Committee on Pensions and
128+Labor.
129+BRAY
130+_____
131+COMMITTEE REPORT
132+Madam President: The Senate Committee on Pensions and Labor,
133+to which was referred Senate Bill No. 34, has had the same under
134+consideration and begs leave to report the same back to the Senate with
135+the recommendation that said bill be AMENDED as follows:
136+Page 1, line 3, delete "shall:" and insert "shall study other states
137+that have adopted universal occupational licensing, at least in part,
138+and evaluate the effectiveness and ease of administration of those
139+laws.".
140+Page 1, delete lines 4 through 13.
141+Page 1, line 14, delete "2024," and insert "2025,".
142+Page 2, between lines 2 and 3, begin a new paragraph and insert:
143+"(c) The licensing agency may delegate its duties under
28144 subsection (a) to another person so long as the contract price does
29-not exceed fifty thousand dollars ($50,000).
30-(d) This section expires July 1, 2026.
31-SECTION 2. IC 25-1-16.5-8, AS ADDED BY P.L.142-2023,
145+not exceed fifty thousand dollars ($50,000).".
146+Page 2, line 3, delete "(c)" and insert "(d)".
147+Page 2, line 3, delete "2025." and insert "2026.".
148+and when so amended that said bill do pass.
149+(Reference is to SB 34 as introduced.)
150+ROGERS, Chairperson
151+Committee Vote: Yeas 10, Nays 0.
152+_____
153+SENATE MOTION
154+Madam President: I move that Senate Bill 34 be amended to read as
155+follows:
156+Page 1, between lines 16 and 17, begin a new paragraph and insert:
157+ES 34—LS 6035/DI 141 5
158+"SECTION 2. IC 25-1-16.5-8, AS ADDED BY P.L.142-2023,
32159 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33160 UPON PASSAGE]: Sec. 8. (a) Not later than July 1, 2025, 2026, each
34161 public agency shall conduct a comprehensive review of all
35162 occupational licenses and occupational regulations within the public
36-SEA 34 2
37163 agency's jurisdiction. In conducting a review under this section, the
38164 public agency shall do the following:
39165 (1) Articulate with specificity the public health, safety, or welfare
40166 objective served by the occupational license or occupational
41167 regulation.
42168 (2) Articulate the reason why the occupational license or
43169 occupational regulation is necessary to serve the objective
44170 specified under subdivision (1).
45171 (3) Analyze, when information is readily available, the effects of
46172 the occupational license or occupational regulation on the
47173 following:
48174 (A) Opportunities for workers.
49175 (B) Consumer choices and costs.
50176 (C) General unemployment.
51177 (D) Market competition.
52178 (E) Governmental costs.
53179 (F) Any other effects identified by the public agency.
54180 (4) Determine if other states have a similar occupational license
55181 or occupational regulation and compare how other states regulate
56182 the business or profession.
57183 (b) If a public agency finds that an occupational license or
58184 occupational regulation does not satisfy the standard set forth in section
59185 7 of this chapter, the public agency shall:
60186 (1) repeal or modify the occupational regulation, to the extent
61187 permitted under the public agency's authority, to conform with the
62188 standard set forth in section 7 of this chapter; or
63189 (2) if an action under subdivision (1) is not within the public
64190 agency's authority, recommend to the general assembly actions
65191 necessary to repeal or modify the occupational license or
66192 occupational regulation to conform to the standard set forth in
67193 section 7 of this chapter.
68194 (c) Not later than October 1, 2025, 2026, each public agency shall:
69195 (1) prepare a report identifying all actions that the public agency
70196 has taken to conform with this section; and
71197 (2) submit the report under subdivision (1) to the legislative
72198 council in an electronic format under IC 5-14-6.
73199 SECTION 3. IC 25-1-16.5-9, AS ADDED BY P.L.142-2023,
200+ES 34—LS 6035/DI 141 6
74201 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
75202 UPON PASSAGE]: Sec. 9. (a) After July 1, 2025, 2026, a person who
76203 engages in an occupation or profession to which an occupational
77204 regulation applies may file a petition for repeal or modification of the
78205 occupational regulation with the public agency having jurisdiction over
79-SEA 34 3
80206 enforcement of the occupational regulation.
81207 (b) Not later than ninety (90) days after a petition is filed under
82208 subsection (a), the public agency shall either:
83209 (1) repeal or modify the occupational regulation to conform to the
84210 standard set forth in section 7 of this chapter; or
85211 (2) state the basis on which the public agency has concluded that
86212 the occupational regulation conforms to the standard set forth in
87-section 7 of this chapter.
88-SECTION 4. An emergency is declared for this act.
89-SEA 34 President of the Senate
90-President Pro Tempore
91-Speaker of the House of Representatives
92-Governor of the State of Indiana
93-Date: Time:
94-SEA 34
213+section 7 of this chapter.".
214+Renumber all SECTIONS consecutively.
215+(Reference is to SB 34 as printed January 26, 2024.)
216+ROGERS
217+_____
218+COMMITTEE REPORT
219+Mr. Speaker: Your Committee on Employment, Labor and Pensions,
220+to which was referred Senate Bill 34, has had the same under
221+consideration and begs leave to report the same back to the House with
222+the recommendation that said bill do pass.
223+(Reference is to SB 34 as reprinted February 2, 2024.)
224+VANNATTER
225+Committee Vote: Yeas 9, Nays 0
226+ES 34—LS 6035/DI 141