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.
SENATE ENROLLED ACT No. 34
AN ACT to amend the Indiana Code concerning professions and
occupations.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 25-1-6-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) The licensing agency 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.
(b) Not later than October 31, 2025, the licensing agency shall:
(1) prepare a report with findings and recommendations
based on the licensing agency's study and evaluation under
subsection (a); and
(2) submit the report to the general assembly in an electronic
format under IC 5-14-6.
(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).
(d) This section expires July 1, 2026.
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
SEA 34 2
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,
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
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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.
SECTION 4. An emergency is declared for this act.
SEA 34 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 34