Indiana Senate Bill 384 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 3-0)
Status: Introduced on January 14 2019 - 25% progression, died in committee
Action: 2019-01-14 - Senator Spartz added as third author
Pending: Senate Commerce & Technology Committee
Text: Latest bill text (Introduced) [PDF]

Occupational licensing. Provides that the small business ombudsman (ombudsman) shall review a proposed rule that is an occupational regulation and imposes requirements or costs on persons subject to the occupational regulation. Requires the attorney general to disapprove a proposed rule if it violates federal antitrust laws. Requires that an agency file a statement concerning the economic impact of the proposed occupational regulation on persons who are subject to the occupational regulation. Requires the ombudsman to approve or deny the occupational regulation after determining if the least restrictive regulation is used. Requires a regulatory flexibility analysis that considers any less intrusive or less costly alternative methods of achieving the purpose of the proposed occupational regulation, including the establishment of the least restrictive regulation that is necessary to regulate the occupation or protect consumers. Establishes guidelines to analyze an occupational regulation to determine if it is the least restrictive regulation. Makes conforming changes to include regulated occupations in the laws that affect the adoption of rules that affect small businesses. Provides that an occupational regulation that is adopted by an agency during: (1) an odd-numbered year may not become effective until March 15 during the subsequent year; and (2) an even-numbered year may not become effective until May 1 during the subsequent year.

Occupational licensing. Provides that the small business ombudsman (ombudsman) shall review a proposed rule that is an occupational regulation and imposes requirements or costs on persons subject to the occupational regulation. Requires the attorney general to disapprove a proposed rule if it violates federal antitrust laws. Requires that an agency file a statement concerning the economic impact of the proposed occupational regulation on persons who are subject to the occupational regulation. Requires the ombudsman to approve or deny the occupational regulation after determining if the least restrictive regulation is used. Requires a regulatory flexibility analysis that considers any less intrusive or less costly alternative methods of achieving the purpose of the proposed occupational regulation, including the establishment of the least restrictive regulation that is necessary to regulate the occupation or protect consumers. Establishes guidelines to analyze an occupational regulation to determine if it is the least restrictive regulation. Makes conforming changes to include regulated occupations in the laws that affect the adoption of rules that affect small businesses. Provides that an occupational regulation that is adopted by an agency during: (1) an odd-numbered year may not become effective until March 15 during the subsequent year; and (2) an even-numbered year may not become effective until May 1 during the subsequent year.

Sen. Eric Koch [R]

Sen. Travis Holdman [R]

Sen. Victoria Spartz [R]

Date	Chamber	Action
2019-01-14	Senate	Senator Spartz added as third author
2019-01-14	Senate	Senator Holdman added as second author
2019-01-14	Senate	First reading: referred to Committee on Commerce and Technology
2019-01-14	Senate	Authored by Senator Koch

Type	Source
Summary	https://iga.in.gov/legislative/2019/bills/senate/384/details
Text	http://iga.in.gov/static-documents/7/4/7/3/7473c44f/SB0384.01.INTR.pdf