January 14, 2013, read first time and referred to Committee on Commerce, Economic
Development & Technology.
February 12, 2013, amended, reported favorably _ Do Pass.
February 18, 2013, read second time, amended, ordered engrossed.
Reprinted
February 19, 2013
First Regular Session 118th General Assembly (2013)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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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
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SENATE BILL No. 520
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:
SOURCE: IC 4-23-22.5; (13)SB0520.2.1. -->
SECTION 1. IC 4-23-22.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]:
Chapter 22.5. Eliminate, Reduce, and Streamline Employee
Regulation Committee
Sec. 1. As used in this chapter, "agency" refers to the office of
management and budget.
Sec. 2. As used in this chapter, "board" means an entity that
regulates a specific regulated occupation.
Sec. 3. As used in this chapter, "committee" means the
eliminate, reduce, and streamline employee regulation (ERASER)
committee established by section 6 of this chapter.
Sec. 4. As used in this chapter, "license" means:
(1) an unlimited license, certificate, or registration;
(2) a limited or probationary license, certificate, or
registration;
(3) a temporary license, certificate, registration, or permit;
(4) an intern permit; or
(5) a provisional license;
issued by a board. "Licensed" has a corresponding meaning.
Sec. 5. As used in this chapter, "regulated occupation" has the
meaning set forth in IC 25-1-7-1.
Sec. 6. The eliminate, reduce, and streamline employee
regulation committee is established.
Sec. 7. (a) The committee consists of the following individuals:
(1) The dean of the Indiana University School of Public and
Environmental Affairs or the dean's designee. The dean or the
dean's designee shall serve as chairperson of the committee.
(2) The director of the professional licensing agency or the
director's designee, as a nonvoting member.
(3) The attorney general or the attorney general's designee, as
a nonvoting member.
(4) The director of the agency or the director's designee, as a
nonvoting member.
(5) Two (2) individuals appointed by the governor who are
licensed in a regulated occupation.
(6) Two (2) individuals appointed by the governor who are not
licensed in a regulated occupation.
(b) The term of a member appointed under subsection (a)(5) or
(a)(6) is three (3) years.
(c) The affirmative votes of a majority of the voting members
appointed to the committee are required for the committee to take
action on any measure.
Sec. 8. (a) The committee shall review and evaluate each
regulated occupation. The review and evaluation must include the
following:
(1) The functions, powers, and duties of the regulated
occupation and the occupation's board, including any
functions, powers, or duties that are inconsistent with current
or projected practice of the occupation.
(2) An assessment of the management efficiency of the board.
(3) An assessment of the regulated occupation's and the
board's ability to meet the objectives of the general assembly
in licensing the regulated occupation.
(4) Any other criteria identified by the committee.
(b) The committee shall prepare a report concerning each
regulated occupation that the committee reviews and evaluates.
The report must contain the following:
(1) The number of individuals who are licensed in the
regulated occupation.
(2) A summary of the board's functions and actions.
(3) The budget and other fiscal factors of regulating the
regulated occupation.
(4) An assessment of the effect of the regulated occupation on
the state's economy, including consumers and businesses.
(5) Any recommendations for legislation, including whether
the regulation of a regulated occupation should be modified,
whether the board should be combined with another board,
or whether the board or the regulation of the regulated
occupation should be terminated.
(6) Any recommendations for administrative changes
regarding the regulation of the regulated occupation.
Sec. 9. (a) A board shall cooperate with the committee, as the
committee determines is necessary in the committee's review and
evaluation of the board.
(b) The committee shall allow testimony concerning each
regulated occupation that is being reviewed and evaluated.
Sec. 10. (a) The following licenses shall be evaluated beginning
July 1, 2013, with a report issued on November 1, 2013, and each
five (5) years thereafter:
(1) Athlete agents (IC 25-5.2).
(b) The licenses listed in this section are terminated July 1, 2014,
unless the general assembly takes action in the 2014 legislative
session to retain the licenses.
(c) Any funds in any fund or account specifically related to the
licenses terminated in this section revert to the state general fund.
Sec. 11. (a) The following licenses shall be evaluated with a
report issued on July 1, 2014, and each five (5) years thereafter:
(1) Dietitians (IC 25-14.5).
(2) Professional geologists (IC 25-17.6).
(3) Home inspectors (IC 25-20.2).
(4) Interior designers (IC 25-20.7).
(5) Land surveyors (IC 25-21.5).
(b) The licenses listed in this section are terminated July 1, 2015,
unless the general assembly takes action in the 2015 legislative
session to retain the licenses.
(c) Any funds in any fund or account specifically related to the
licenses terminated in this section revert to the state general fund.
Sec. 12. (a) The following licenses shall be evaluated with a
report issued on July 1, 2015, and each five (5) years thereafter:
(1) Massage therapists (IC 25-21.8).
(b) The licenses listed in this section are terminated July 1, 2016,
unless the general assembly takes action in the 2016 legislative
session to retain the licenses.
(c) Any funds in any fund or account specifically related to the
licenses, registrations, or certifications terminated in this section
revert to the state general fund.
Sec. 13. (a) The following licenses shall be evaluated with a
report issued on July 1, 2016, and each five (5) years thereafter:
(1) Professional soil scientists (IC 25-31.5).
(2) Beauty culture (IC 25-8).
(3) Auctioneers and auctions (IC 25-6.1).
(b) The licenses listed in this section are terminated July 1, 2017,
unless the general assembly takes action in the 2017 legislative
session to retain the licenses.
(c) Any funds in any fund or account specifically related to the
licenses, registrations, or certifications terminated in this section
revert to the state general fund.
Sec. 14. (a) The following licenses shall be evaluated with a
report issued on July 1, 2017, and each five (5) years thereafter:
(1) Real estate brokers and salespersons (IC 25-34.1).
(2) Certified surgical technologists (IC 25-36.1).
(3) Behavior analysts (IC 25-41).
(b) The licenses listed in this section are terminated July 1, 2018,
unless the general assembly takes action in the 2018 legislative
session to retain the licenses.
(c) Any funds in any fund or account specifically related to the
licenses, registrations, or certifications terminated in this section
revert to the state general fund.
Sec. 15. Any licenses enacted during the 2013 session of the
general assembly or thereafter shall be evaluated five (5) years
after the creation of the license and each five (5) years thereafter
under the same conditions as other licenses being evaluated that
year.
Sec. 16. (a) The agency shall provide staff and administrative
support to the committee.
(b) The committee may hire, with approval of the director of the
agency, an individual to assist the committee.
(c) The expenditures of the committee shall be paid from
appropriations to the agency.
Sec. 17. (a) Each member of the committee who is not a state
employee is entitled to reimbursement for traveling expenses as
provided under IC 4-13-1-4 and other expenses actually incurred
in connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(b) Each member of the committee who is a state employee is
entitled to reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
Sec. 18. (a) The general assembly may obtain support from the
committee regarding a proposal to license new occupations upon
a request of a:
(1) member of the general assembly;
(2) staff member of the house of representatives or the senate
made on behalf of a member of the general assembly; or
(3) staff member of the legislative services agency made on
behalf of a member of the general assembly.
(b) The committee must provide support to the general assembly
upon a request made under subsection (a).
Sec. 19. The committee shall seek public input when considering
any proposals or reports concerning the elimination of a license or
change to a regulated occupation.
Sec. 20. The committee shall submit a report to the:
(1) governor;
(2) health finance commission; and
(3) legislative services agency;
not later than July 1 of each year. The report submitted to the
legislative services agency must be in an electronic format under
IC 5-14-6.
SOURCE: IC 25-1-16; (13)SB0520.2.2. -->
SECTION 2. IC 25-1-16 IS REPEALED [EFFECTIVE JULY 1,
2013]. (Evaluation of Regulated Occupations).