Sec. 8. (a) Not later than July 1, 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.

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Terms Used In Indiana Code 25-1-16.5-8

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • occupational license: means a nontransferable and exclusive authorization in law in which the general assembly establishes the personal qualifications necessary to engage in an occupation or profession. See Indiana Code 25-1-16.5-1
  • occupational regulation: means a regulation, rule, policy, fee, condition, test, permit, administrative practice, or other provision in which a public agency establishes the personal qualifications necessary to engage in an occupation or profession. See Indiana Code 25-1-16.5-2
  • public agency: includes the following:

    Indiana Code 25-1-16.5-4

(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, 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.

As added by P.L.142-2023, SEC.1. Amended by P.L.8-2024, SEC.2.

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