reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 24. Trade Regulation › Article 12. Civil Proceeding Advance Payments › Chapter 5. Violations › 24-12-5-1. Enforcement by Department of Financial Institutions

Sec. 1. (a) The department of financial institutions may enforce this article.
(b) With respect to CPAP transactions and CPAP providers, the department has all powers of administration, investigation, and enforcement set forth in:
(1) IC 24-4.5-6; and
(2) IC 28-11-4;
including the authority to levy a civil penalty.
As added by P.L.153-2016, SEC.7. Amended by P.L.176-2019, SEC.41.
2023 Indiana Code › Title 24. Trade Regulation › Article 12. Civil Proceeding Advance Payments › Chapter 5. Violations › 24-12-5-2. Court's Determination of Intentional Violation; Cpap Provider Entitled to Funded Amount Only

Sec. 2. If a court with jurisdiction determines that a CPAP provider has intentionally violated the provisions of this article with regard to a specific CPAP transaction, the CPAP provider is entitled to recover only the funded amount provided to the consumer claimant in that CPAP transaction and is not entitled to any additional charges.
As added by P.L.153-2016, SEC.7.
2023 Indiana Code › Title 24. Trade Regulation › Article 12. Civil Proceeding Advance Payments › Chapter 6. Assignability › 24-12-6-1. Consumer Claimant Entitled to Assign Contingent Right to Receive Proceeds of Civil Proceeding

Sec. 1. A consumer claimant may assign the contingent right to receive an amount of the potential proceeds of a civil proceeding.
As added by P.L.153-2016, SEC.7.
2023 Indiana Code › Title 24. Trade Regulation › Article 12. Civil Proceeding Advance Payments › Chapter 6. Assignability › 24-12-6-2. Cpap Transaction Not Considered a Loan

Sec. 2. This article may not be construed to cause any CPAP transaction that complies with this article to be considered a loan or to be otherwise subject to any other provisions of Indiana law governing loans.
As added by P.L.153-2016, SEC.7.
2023 Indiana Code › Title 24. Trade Regulation › Article 12. Civil Proceeding Advance Payments › Chapter 7. Attorney Prohibitions › 24-12-7-1. Attorney Prohibitions

Sec. 1. An attorney or law firm retained by the consumer claimant in the civil proceeding may not have a financial interest in the CPAP provider offering a CPAP transaction to that consumer claimant. Additionally, any attorney who has referred the consumer claimant to the consumer claimant's retained attorney may not have a financial interest in the CPAP provider offering a CPAP transaction to that consumer claimant.
As added by P.L.153-2016, SEC.7.
2023 Indiana Code › Title 24. Trade Regulation › Article 12. Civil Proceeding Advance Payments › Chapter 8. Privileged Communication › 24-12-8-1. Privileged Communications

Sec. 1. No communication between the consumer claimant's attorney in the civil proceeding and the CPAP provider with respect to the CPAP transaction limits, waives, or abrogates the scope or nature of any statutory or common law privilege, including the work product doctrine and the attorney client privilege.
As added by P.L.153-2016, SEC.7.
2023 Indiana Code › Title 24. Trade Regulation › Article 12. Civil Proceeding Advance Payments › Chapter 9. Licensure › 24-12-9-1. Regularly Engaging in Cpap Transactions; License From Department of Financial Institutions Required

Sec. 1. After December 31, 2016, a person may not regularly engage (as determined in accordance with IC 24-12-1-1(13)) in the business of making CPAP transactions with consumer claimants unless the person obtains, and maintains on an annual basis, a CPAP license issued by the department under this chapter.
As added by P.L.153-2016, SEC.7. Amended by P.L.176-2019, SEC.42.
2023 Indiana Code › Title 24. Trade Regulation › Article 12. Civil Proceeding Advance Payments › Chapter 9. Licensure › 24-12-9-3. Cpap Transactions Entered Into Before July 1, 2016; Exemption

Sec. 3. A CPAP transaction entered into before July 1, 2016, is not subject to this article.
As added by P.L.153-2016, SEC.7. Amended by P.L.176-2019, SEC.44.
2023 Indiana Code › Title 24. Trade Regulation › Article 12. Civil Proceeding Advance Payments › Chapter 9. Licensure › 24-12-9-6. National Criminal History Background Check; Fingerprints; Payment of Fees or Costs; Use of Nmlsr

Sec. 6. (a) When the director requests a national criminal history background check under section 5(d)(1) of this chapter for an individual described in section 5(b) of this chapter, the director shall require the individual to submit fingerprints to the department, state police department, or NMLSR, as directed, at the time evidence of compliance is requested under section 5(c) of this chapter. The individual to whom the request is made shall pay any fees or costs associated with processing and evaluating the fingerprints and the national criminal history background check. The national criminal history background check may be used by the director to determine the individual's compliance with this section. The director or the department may not release the results of the national criminal history background check to any private entity.
(b) For purposes of this section and in order to reduce the points of contact that the Federal Bureau of Investigation may have to maintain for purposes of this section, the director may use the NMLSR as a channeling agent for requesting information from and distributing information to the United States Department of Justice or any governmental agency.
As added by P.L.176-2019, SEC.47.
2023 Indiana Code › Title 24. Trade Regulation › Article 12. Civil Proceeding Advance Payments › Chapter 9. Licensure › 24-12-9-7. Credit Reports; Payment of Fees or Costs; Demonstrated Financial Responsibility; Considerations

Sec. 7. (a) If the director requests a credit report for an individual described in section 5(b) of this chapter, the individual to whom the request is made shall pay any fees or costs associated with procuring the report.
(b) The individual must submit personal history and experience information in a form prescribed by the NMLSR, including the submission of authorization for the NMLSR or the director to obtain an independent credit report obtained from a consumer reporting agency described in Section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)).
(c) The director may consider one (1) or more of the following when determining if an individual has demonstrated financial responsibility:
(1) Bankruptcies filed within the last ten (10) years.
(2) Current outstanding judgments, except judgments solely as a result of medical expenses.
(3) Current outstanding tax liens or other government liens or filings.
(4) Foreclosures within the past three (3) years.
(5) A pattern of serious delinquent accounts within the past three (3) years.
As added by P.L.176-2019, SEC.48.
2023 Indiana Code › Title 24. Trade Regulation › Article 12. Civil Proceeding Advance Payments › Chapter 9. Licensure › 24-12-9-9. License Renewal; Revocation or Suspension of License Not Renewed; Correcting Amendments

Sec. 9. (a) A license issued under this article must be renewed not later than December 31 of each calendar year. The minimum standards for license renewal for a CPAP provider include the following:
(1) Payment by the CPAP provider of all required fees for renewal of the license.
(2) The filing by the CPAP provider of all reports and information required by the director.
(b) A license issued by the department under this article may be revoked or suspended by the department if the person fails to:
(1) file any renewal form required by the department; or
(2) pay any license renewal fee described under section 5(h)(3) of this chapter;
not later than sixty (60) days after the due date.
(c) A person whose license is revoked or suspended under this section may do either of the following:
(1) Pay all delinquent fees and apply for reinstatement of the license.
(2) Appeal the revocation or suspension to the department for an administrative review under IC 4-21.5-3.
Pending the decision from a hearing under IC 4-21.5-3 concerning license revocation or suspension, a license remains in force.
(d) If, at any time, the information or record contained in:
(1) an original application for licensure filed under this chapter; or
(2) a renewal application filed under this chapter;
is or becomes inaccurate or incomplete in a material respect, the applicant shall promptly file a correcting amendment with the department.
As added by P.L.176-2019, SEC.50.
2023 Indiana Code › Title 24. Trade Regulation › Article 12. Civil Proceeding Advance Payments › Chapter 10. Rules › 24-12-10-1. Powers of Department of Financial Institutions; Rules and Policies; Prior Approval of Documents

Sec. 1. The department of financial institutions may adopt rules under IC 4-22-2 or policies to implement this article. The department of financial institutions has all authority and powers necessary to regulate CPAP transactions, including the right to require the department's prior approval of:
(1) CPAP contracts;
(2) disclosures; and
(3) other documents;
to be used by CPAP providers in entering into CPAP transactions, in order to ensure that consumer complainants are provided with a detailed explanation of the costs and obligations involved in a CPAP transaction before entering into a CPAP contract.
As added by P.L.153-2016, SEC.7.
2023 Indiana Code › Title 24. Trade Regulation › Article 13. Pyramid Promotional Schemes › Chapter 1. Definitions › 24-13-1-2. "Appropriate Inventory Repurchase Program"

Sec. 2. "Appropriate inventory repurchase program" means a program by which an entity repurchases from a salesperson current and marketable inventory in the possession of the salesperson, upon request and upon commercially reasonable terms, when the salesperson's business relationship with the entity ends.
As added by P.L.105-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 13. Pyramid Promotional Schemes › Chapter 1. Definitions › 24-13-1-3. "Commercially Reasonable Terms"

Sec. 3. "Commercially reasonable terms" means the repurchase of current and marketable inventory within twelve (12) months after the date of purchase at not less than ninety percent (90%) of the original net cost, less appropriate set-offs and legal claims, if any.
As added by P.L.105-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 13. Pyramid Promotional Schemes › Chapter 1. Definitions › 24-13-1-4. "Compensation"

Sec. 4. "Compensation" means a payment of any money, thing of value, or financial benefit conferred in return for inducing another person to participate in a pyramid promotional scheme.
As added by P.L.105-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 13. Pyramid Promotional Schemes › Chapter 1. Definitions › 24-13-1-5. "Consideration"

Sec. 5. "Consideration" means the payment of cash or the purchase of goods, services, or intangible property. The term does not include the purchase of goods or services furnished at cost to be used in making sales and not for resale, or time and effort spent in pursuit of sales or recruiting activities.
As added by P.L.105-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 13. Pyramid Promotional Schemes › Chapter 1. Definitions › 24-13-1-6. "Inventory"

Sec. 6. "Inventory" includes both goods and services, including company produced promotional materials, sales aids, and sales kits that an entity requires independent salespersons to purchase.
As added by P.L.105-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 13. Pyramid Promotional Schemes › Chapter 1. Definitions › 24-13-1-7. "Inventory Loading"

Sec. 7. "Inventory loading" means the requirement or encouragement by a plan or operation that its independent salesperson purchase inventory in an amount that exceeds the amount that the salesperson can expect to resell for ultimate consumption or to consume in a reasonable time period, or both.
As added by P.L.105-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 13. Pyramid Promotional Schemes › Chapter 1. Definitions › 24-13-1-8. "Promote"

Sec. 8. "Promote" means to contrive, prepare, establish, plan, operate, advertise, or otherwise induce or attempt to induce another person to participate in a pyramid promotional scheme.
As added by P.L.105-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 13. Pyramid Promotional Schemes › Chapter 1. Definitions › 24-13-1-9. "Pyramid Promotional Scheme"

Sec. 9. "Pyramid promotional scheme" means any plan or operation by which a person gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other persons into the plan or operation rather than from the sale and consumption of goods, services, or intangible property by a participant or other persons introduced into the plan or operation. The term includes any plan or operation under which the number of people who may participate is limited either expressly or by the application of conditions affecting the eligibility of a person to receive compensation under the plan or operation, or any plan or operation under which a person, on giving any consideration, obtains any goods, services, or intangible property in addition to the right to receive compensation.
As added by P.L.105-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 13. Pyramid Promotional Schemes › Chapter 2. Pyramid Promotional Schemes Prohibited › 24-13-2-1. Pyramid Promotional Scheme Prohibited

Sec. 1. A person may not establish, promote, or operate any pyramid promotional scheme. A limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan does not change the identity of the plan as a pyramid promotional scheme.
As added by P.L.105-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 13. Pyramid Promotional Schemes › Chapter 3. Enforcement Powers of the Attorney General › 24-13-3-1. Attorney General Authorized to Issue Cease and Desist Orders, Bring Court Actions, and Impose Civil Penalties

Sec. 1. (a) If the attorney general has reasonable cause to believe that a person has engaged or is about to engage in any act or practice constituting a violation of any provision of this article, or any order issued under this article, the attorney general may do any of the following:
(1) Issue a cease and desist order, with or without a prior hearing, against any person engaged in the prohibited activities, directing the person to cease and desist from further illegal activities.
(2) Bring an action in the circuit court of the county in which the violation is believed to have occurred to:
(A) enjoin the acts or practices constituting a violation of this article; or
(B) enforce compliance with this article or any order issued under this article.
(3) Impose by order and collect a civil penalty against any person found in an administrative action to have violated any provision of this article or any order issued under this article.
(b) The maximum amount of a civil penalty that may be imposed upon a person under subsection (a) is ten thousand dollars ($10,000) for each violation committed by the person. The attorney general may bring an action in the circuit court of the county in which the violation occurred to recover a penalty imposed under this chapter. The attorney general shall transfer all civil penalties collected under this chapter to the treasurer of state for deposit in the state general fund.
As added by P.L.105-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 13. Pyramid Promotional Schemes › Chapter 3. Enforcement Powers of the Attorney General › 24-13-3-2. Requests for Hearing on Cease and Desist Order; Circuit Court Review

Sec. 2. (a) A person named in a cease and desist order issued under this article must be notified of the person's right to file, within fifteen (15) days after the receipt of the order, a written notice for a hearing. If the attorney general does not receive a written request for a hearing within the time specified, the cease and desist order is permanent and the person named in the order is considered to have waived all rights to a hearing. A cease and desist order issued under this article must state:
(1) the effective date of the order;
(2) the intent or purpose of the order; and
(3) the grounds on which the order is based.
(b) A person aggrieved by a final order issued under this article may obtain a review of the order in the circuit court of the county in which the violations of this article are found to have occurred.
As added by P.L.105-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 13. Pyramid Promotional Schemes › Chapter 3. Enforcement Powers of the Attorney General › 24-13-3-3. Powers of the Circuit Court

Sec. 3. (a) Upon a proper showing to the appropriate circuit court, a permanent injunction, temporary injunction, restraining order, or writ of mandamus may be granted and a receiver or conservator may be appointed for the person alleged to have violated this article or the assets of the person alleged to have violated this article. In addition, upon a proper showing by the attorney general, the circuit court may enter an order of rescission, restitution, or disgorgement directed to any person who has engaged in any act violating this article or any order issued under this article.
(b) The circuit court may not require the attorney general to post a bond.
(c) The circuit court may award to the attorney general court costs and attorney's fees in an action brought under this chapter.
As added by P.L.105-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 13. Pyramid Promotional Schemes › Chapter 3. Enforcement Powers of the Attorney General › 24-13-3-4. Authorization of Other Enforcement Actions by the Attorney General or a Prosecuting Attorney

Sec. 4. This chapter does not bar the attorney general or a prosecuting attorney from proceeding under any other provision of law against a pyramid promotional scheme or any person involved with a pyramid promotional scheme.
As added by P.L.105-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 13. Pyramid Promotional Schemes › Chapter 4. Private Actions and Proceedings › 24-13-4-1. Maximum Damages Under Private Cause of Action; Discretionary Treble Damages; Attorney's Fees

Sec. 1. (a) A person may bring an action against a person who establishes, operates, promotes, or assists another to promote a pyramid promotional scheme for:
(1) the damages actually suffered as a result of the pyramid promotional scheme; or
(2) one thousand dollars ($1,000);
whichever is greater.
(b) The court may increase damages awarded under this section in an amount that does not exceed:
(1) three (3) times the actual damages of the person suffering the loss; or
(2) three thousand dollars ($3,000).
(c) The court may award reasonable attorney's fees to a party that prevails in an action under this section.
(d) Actual damages awarded to a person have priority over any civil penalty imposed under this article.
As added by P.L.105-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 13. Pyramid Promotional Schemes › Chapter 4. Private Actions and Proceedings › 24-13-4-2. Class Actions

Sec. 2. (a) A person who is entitled to bring an action on the person's own behalf under section 1 of this chapter may bring a class action on behalf of any class of persons of which the person is a member and that has been damaged by the pyramid promotional scheme, subject to and under the Indiana Rules of Trial Procedure governing class actions.
(b) The court may award reasonable attorney's fees to the party that prevails in a class action under this section. The attorney's fees must be determined by the amount of time reasonably expended by the attorney and not by the amount of the judgment. The court, however, may consider awarding a contingency fee.
(c) Any money or other property recovered in a class action under this section that cannot, with due diligence, be restored to the members of the class within one (1) year after the final judgment must be returned to the abandoned property fund under IC 32-34-1.5-42.
(d) Actual damages awarded to a class have priority over any civil penalty imposed under this article.
As added by P.L.105-2017, SEC.3. Amended by P.L.141-2021, SEC.10.
2023 Indiana Code › Title 24. Trade Regulation › Article 13. Pyramid Promotional Schemes › Chapter 5. Rule of Construction and Its Application to Certain Marketing Operations › 24-13-5-1. Circumstances Under Which This Article May Not Be Construed to Prohibit a Plan or Operation as a Pyramid Promotional Scheme

Sec. 1. This article may not be construed to prohibit a plan or operation, or to define a plan or operation as a pyramid promotional scheme, based on the fact that participants in the plan or operation give consideration in return for the right to receive compensation based upon purchases of goods, services, or intangible property by participants for personal use, consumption, or resale if both of the following conditions are satisfied:
(1) The plan or operation does not promote or induce inventory loading.
(2) The plan or operation implements an appropriate inventory repurchase program.
As added by P.L.105-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 13. Pyramid Promotional Schemes › Chapter 5. Rule of Construction and Its Application to Certain Marketing Operations › 24-13-5-2. Required Disclosures About Appropriate Inventory Repurchase Programs

Sec. 2. An entity must clearly describe an appropriate inventory repurchase program in its recruiting literature, sales manual, or contracts with independent salespersons. The recruiting literature, sales manual, or contract must disclose any inventory that is not eligible for repurchase under the program.
As added by P.L.105-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 13. Pyramid Promotional Schemes › Chapter 5. Rule of Construction and Its Application to Certain Marketing Operations › 24-13-5-3. Inventory Exempted From Appropriate Inventory Repurchase Programs

Sec. 3. An appropriate inventory repurchase program is not required to apply to inventory that:
(1) is no longer within the inventory's commercially reasonable use or shelf life period; or
(2) has been used or opened.
As added by P.L.105-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 13. Pyramid Promotional Schemes › Chapter 5. Rule of Construction and Its Application to Certain Marketing Operations › 24-13-5-4. Required Disclosure of Inventory Exempted From Appropriate Inventory Repurchase Programs

Sec. 4. An entity must clearly describe to a salesperson, prior to purchase, inventory that is excluded from the entity's appropriate inventory repurchase program as seasonal, discontinued, or special promotion products not subject to the entity's appropriate inventory repurchase program.
As added by P.L.105-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 13. Pyramid Promotional Schemes › Chapter 5. Rule of Construction and Its Application to Certain Marketing Operations › 24-13-5-5. Burden of Proof

Sec. 5. Notwithstanding section 1 of this chapter, the burden of showing that a participant or other person derives compensation primarily from the sale and consumption of goods, services, or intangible property lies with the plan or operation or a person involved with the plan or operation.
As added by P.L.105-2017, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 1. Application › 24-14-1-1. Application of Article

Sec. 1. (a) This article applies to any person engaging in, or offering to engage in, the business of providing towing service in Indiana.
(b) This article does not apply to the towing of motor vehicles:
(1) into Indiana; or
(2) through Indiana;
if the towing originates in another state.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 1. Application › 24-14-1-2. Exceptions to Application of Chapter

Sec. 2. This article does not apply to the following:
(1) Government agency towing.
(2) Seizure towing.
(3) Towing performed by, on behalf of, or under contract with:
(A) an automobile club;
(B) a car dealership;
(C) an insurance company; or
(D) a customer under a consensual towing agreement.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 1. Application › 24-14-1-3. Application of Article to Other Statutes

Sec. 3. This article does not supersede or nullify a towing company's or any other person's rights, duties, or obligations under the following:
(1) IC 24-4-6-2.
(2) IC 9-22-1.
(3) IC 9-22-6.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 2. Definitions › 24-14-2-3. "Automobile Club"

Sec. 3. (a) "Automobile club" means a person that, for consideration, promises to assist its members or subscribers in matters relating to:
(1) motor travel; or
(2) the operation, use, or maintenance of a motor vehicle;
by supplying services, which may include towing service, emergency road service, or indemnification service.
(b) The term includes:
(1) a motor vehicle dealer; or
(2) an insurance company;
operating as an automobile club to provide any of the services described in subsection (a).
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 2. Definitions › 24-14-2-4. "Consensual Towing Agreement"

Sec. 4. "Consensual towing agreement" means an agreement between a towing company and a person or business to perform towing services at the request of the owner, operator, or person having legal custody of the vehicle that is agreed upon prior to the vehicle being towed.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 2. Definitions › 24-14-2-5. "Emergency Towing"

Sec. 5. "Emergency towing" means the towing of a motor vehicle, with or without the owner's consent, because of:
(1) a motor vehicle accident on a public street, road, or highway; or
(2) an incident:
(A) related to an emergency; and
(B) necessitating the removal of the motor vehicle from a location for public safety reasons.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 2. Definitions › 24-14-2-7. "Government Agency Towing"

Sec. 7. "Government agency towing" means the towing of a government owned or government controlled vehicle by the government agency that owns or controls the towed vehicle.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 2. Definitions › 24-14-2-9. "Law Enforcement Towing"

Sec. 9. (a) "Law enforcement towing" means the towing of a motor vehicle for law enforcement purposes.
(b) The term includes towing for law enforcement purposes that is performed by a towing company:
(1) under a contract with the state, a local unit, or a local law enforcement agency of the state or local unit; or
(2) on behalf of the state, a local unit, or a local law enforcement agency of the state or local unit.
(c) The term does not include seizure towing.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 2. Definitions › 24-14-2-10. "Motor Vehicle"

Sec. 10. "Motor vehicle" means any vehicle that:
(1) is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails); and
(2) has at least four (4) wheels.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 2. Definitions › 24-14-2-12. "Private Property Towing"

Sec. 12. "Private property towing" means the towing of a motor vehicle, without the owner's consent:
(1) from private property on which the motor vehicle was illegally parked; or
(2) from private property because of an exigent circumstance necessitating its removal;
to another location.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 2. Definitions › 24-14-2-13. "Seizure Towing"

Sec. 13. "Seizure towing" means the towing of a motor vehicle for law enforcement purposes involving:
(1) the maintenance of the chain of custody of evidence; or
(2) the forfeiture of assets.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 2. Definitions › 24-14-2-14. "Storage Facility"

Sec. 14. (a) "Storage facility" means any:
(1) lot;
(2) facility; or
(3) other property;
used to store motor vehicles that have been removed from another location by a tow truck.
(b) The term includes a storage yard (as defined in IC 9-22-1-3.5).
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 2. Definitions › 24-14-2-17. "Towing Company"

Sec. 17. (a) "Towing company" means a service or business that:
(1) tows or otherwise moves motor vehicles by means of a tow truck; or
(2) owns or operates a storage lot.
(b) The term includes a tow truck operator acting on behalf of a towing company when appropriate in the context.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 3. Emergency Towing › 24-14-3-2. Prohibition Against Stopping or Causing a Person to Stop at Scene of Accident; Exceptions

Sec. 2. (a) Except as provided in subsection (b), a towing company shall not stop, or cause a person to stop, at the scene of an accident or near a disabled motor vehicle:
(1) if there is an injury as the result of an accident; or
(2) for the purpose of:
(A) soliciting an engagement for emergency towing services;
(B) moving a motor vehicle from a public street, road, or highway; or
(C) accruing charges in connection with an activity described in clause (A) or (B).
(b) A towing company may stop, or cause a person to stop, at the scene of an accident or near a disabled motor vehicle under the circumstances or for any of the purposes described in subsection (a) if:
(1) the towing company is requested to stop or to perform a towing service by a law enforcement officer or by authorized state, county, or municipal personnel;
(2) the towing company is summoned to the scene or requested to stop by the owner or operator of a disabled vehicle;
(3) the owner of a disabled motor vehicle has previously provided consent to the towing company to stop or perform a towing service; or
(4) the towing company has a reasonable belief that a motorist is in need of immediate aid.
However, a towing company may not offer towing services under subdivision (4) unless one of the conditions described in subdivisions (1) through (3) are also met.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 3. Emergency Towing › 24-14-3-3. Permitted Acts by Owner or Operator of Motor Vehicle; Exceptions; Permissible Fees

Sec. 3. (a) Except as provided in subsections (b) and (c), the owner or operator of a disabled motor vehicle may, in consultation with law enforcement or with authorized state, county, or municipal personnel (if appropriate):
(1) summon to the disabled motor vehicle's location the towing company of the owner's or operator's choice, either directly or through an insurance company's or an automobile club's emergency service arrangement; and
(2) designate the location to which the disabled motor vehicle is to be towed.
However, if the location designated by the owner or operator is not a storage facility owned or operated by the towing company, the owner or operator must make arrangements for payment to the towing company prior to the tow truck leaving the scene. The fee charged by the towing company may not be more than normally charged by the towing company for the service provided.
(b) Subsection (a) does not apply:
(1) in any case in which the owner or operator of a disabled motor vehicle:
(A) is incapacitated or otherwise unable to summon a towing company; or
(B) defers to law enforcement or to authorized state, county, or municipal personnel as to:
(i) the towing company to be summoned; or
(ii) the location to which the disabled motor vehicle is to be towed; or
(2) in the event of a declared emergency.
(c) The authority of an owner or operator of a disabled vehicle to summon the towing company of the owner's or operator's choice under subsection (a) shall be superseded by a law enforcement officer or by authorized state, county, or municipal personnel if the towing company of choice of the owner or operator:
(1) is unable to respond to the location of the disabled motor vehicle in a timely fashion; and
(2) the disabled motor vehicle:
(A) is a hazard;
(B) impedes the flow of traffic; or
(C) may not legally remain in its location;
in the opinion of the law enforcement officer or authorized state, county, or municipal personnel.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 3. Emergency Towing › 24-14-3-4. Motor Vehicle as Safety Hazard

Sec. 4. If a disabled motor vehicle:
(1) is causing; or
(2) poses;
a safety hazard to any of the parties at the scene of the disabled motor vehicle, the disabled motor vehicle may be moved by a towing company to a safe location after being released by a law enforcement officer or by authorized state, county, or municipal personnel for that purpose.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 3. Emergency Towing › 24-14-3-5. Emergency Towing; Record Keeping Requirements

Sec. 5. (a) If a towing company is summoned for emergency towing by the owner or operator of a disabled motor vehicle, the towing company shall make a record of the following, to the extent available:
(1) The:
(A) first and last name; and
(B) telephone number;
of the person who summoned the towing company to the scene.
(2) The make, model, year, vehicle identification number, and license plate number of the disabled motor vehicle.
(b) If a towing company is summoned for emergency towing by a law enforcement officer or by authorized state, county, or municipal personnel, the towing company shall make a record of the following, to the extent available:
(1) The identity of:
(A) the local law enforcement agency; or
(B) the authorized state, county, or municipal agency;
requesting the emergency towing.
(2) The make, model, year, vehicle identification number, and license plate number of the disabled motor vehicle.
(c) A towing company:
(1) shall:
(A) maintain a record created under subsection (a) or (b); and
(B) provide a record created under subsection (a) or (b) to a local law enforcement agency upon request;
from the time the towing company appears at the scene of the disabled motor vehicle until the time the motor vehicle is towed and released to an authorized party; and
(2) shall:
(A) retain a record created under subsection (a) or (b) for a period of two (2) years from the date the disabled vehicle was towed from the scene; and
(B) throughout the two (2) year period described in clause (A), make the record available for inspection and copying, not later than two (2) business days after receiving a written request for inspection from:
(i) a local law enforcement agency;
(ii) the attorney general;
(iii) the disabled motor vehicle's owner; or
(iv) an authorized agent of the disabled motor vehicle's owner.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 3. Emergency Towing › 24-14-3-6. Emergency Towing; Procedure

Sec. 6. A towing company that performs emergency towing under this chapter shall do the following:
(1) Properly secure all towed motor vehicles.
(2) Take all reasonable efforts to prevent:
(A) further damage (including weather damage) to; or
(B) the theft of;
all towed motor vehicles, including a towed motor vehicle's cargo and contents.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 4. Commercial Private Property Towing › 24-14-4-1. Application of Chapter

Sec. 1. (a) This chapter applies to a towing company that engages in, or offers to engage in, private commercial property towing.
(b) This chapter does not apply to the towing of a motor vehicle from a tow-away zone that is not located on commercial private property.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 4. Commercial Private Property Towing › 24-14-4-2. Commercial Private Property Tow-Away Zones; Exceptions

Sec. 2. (a) Except as provided in subsections (b) and (c), the owner of a commercial private property may establish a tow-away zone on the owner's property. A commercial private property owner that establishes a tow-away zone under this section must post a tow-away zone sign at the location of the tow-away zone that is conspicuous and clearly visible to the public. A tow-away zone sign described under this section shall provide the following information:
(1) A statement that the area in the immediate vicinity of the sign is a tow-away zone.
(2) Pertinent contact information.
(3) A description of any person permitted to park in the affected area, if applicable.
(b) A commercial private property owner may have a motor vehicle towed from the owner's commercial private property without first displaying signage concerning the tow-away zone if the motor vehicle is removed under IC 9-22-1-16.
(c) A unit (as defined in IC 36-1-2-23) may adopt an ordinance that provides for different requirements than those provided in this section.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 4. Commercial Private Property Towing › 24-14-4-3. Emergency Towing; Distance Restrictions

Sec. 3. A towing company that tows a motor vehicle under this chapter shall ensure that the motor vehicle is towed to:
(1) a storage facility within forty (40) miles of the location of the tow-away zone from which the motor vehicle was removed; or
(2) if there is no storage facility within forty (40) miles of the location of the tow-away zone, to the storage facility nearest to the tow-away zone that has been approved by the commercial private property owner from where the motor vehicle was towed.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 4. Commercial Private Property Towing › 24-14-4-4. Release of Motor Vehicle to Owner or Operator During Tow; Permitted Fees

Sec. 4. If the owner or operator of a motor vehicle that is parked in violation of a tow-away zone arrives at the location of the tow-away zone while the motor vehicle is in the process of being towed, the towing company shall give the owner or operator either oral or written notification that the owner or operator may pay a fee in an amount that is not greater than half of the amount of the fee the towing company normally charges for the release of a motor vehicle. Upon the owner's or operator's payment of the amount specified, the towing company shall:
(1) release the motor vehicle to the owner or operator; and
(2) give the owner or operator a receipt showing:
(A) the full amount of the fee the towing company normally charges for the release of a motor vehicle; and
(B) the amount of the fee paid by the owner or operator.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 4. Commercial Private Property Towing › 24-14-4-5. Notice to Law Enforcement Agencies

Sec. 5. If required by the local law enforcement agency, not later than two (2) hours after completing a tow of a motor vehicle from a commercial private property described under this chapter, a towing company shall provide notice of the towing to the local law enforcement agency having jurisdiction in the location of the private property.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 4. Commercial Private Property Towing › 24-14-4-6. Commercial Private Property Towing Procedure

Sec. 6. A towing company that performs commercial private property towing under this chapter shall do the following:
(1) Properly secure all towed motor vehicles.
(2) Take all reasonable efforts to prevent:
(A) further damage (including weather damage) to; or
(B) the theft of;
all towed motor vehicles, including a towed motor vehicle's cargo and contents.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 4. Commercial Private Property Towing › 24-14-4-7. Abandoned Vehicles; Rights of Private Property Owner

Sec. 7. This chapter does not affect a private property owner's rights under IC 9-22-1 with respect to abandoned vehicles on the property owner's property.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 5. Invoices for Towing Services › 24-14-5-1. Itemized Towing Charges; Required Information; Record Keeping Requirements

Sec. 1. (a) An itemized invoice of actual towing charges assessed by a towing company shall be made available to the owner of the motor vehicle or the owner's agent not later than one (1) business day after:
(1) the tow is completed; or
(2) the towing company has obtained all necessary information to be included on the invoice, including any charges submitted by subcontractors used by the towing company to complete the tow and recovery.
(b) The itemized invoice required by this section must contain the following information:
(1) The location from which the motor vehicle was towed.
(2) The location to which the motor vehicle was towed.
(3) The name, address, and telephone number of the towing company.
(4) A description of the towed motor vehicle, including the:
(A) make;
(B) model;
(C) year; and
(D) vehicle identification number;
of the motor vehicle.
(5) The license plate number and state of registration for the towed motor vehicle.
(6) The cost of the original towing service.
(7) The cost of any vehicle storage fees, expressed as a daily rate.
(8) Other fees, including documentation fees and motor vehicle search fees.
(9) The costs for services that were performed under a warranty or that were otherwise performed at no cost to the owner of the motor vehicle.
(c) Any service or fee in addition to the services or fees described in subsection (b)(6), (b)(7), or (b)(8) must be set forth individually as a single line item on the invoice required by this section, with an explanation and the exact charge for the service or the exact amount of the fee.
(d) A copy of each invoice and receipt submitted by a tow truck operator in accordance with this section shall:
(1) be retained by the towing company for a period of two (2) years from the date of issuance; and
(2) throughout the two (2) year period described in subdivision (1), be made available for inspection and copying not later than forty-eight (48) hours after receiving a written request for inspection from:
(A) a law enforcement agency;
(B) the attorney general;
(C) the prosecuting attorney or city attorney having jurisdiction in the location of any of the towing company's Indiana business locations;
(D) the disabled motor vehicle's owner; or
(E) the agent of the disabled motor vehicle's owner.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 6. Notice Requirements › 24-14-6-1. Required Actions

Sec. 1. Not later than three (3) business days after a completed tow, the towing company or storage facility responsible for a towed vehicle must:
(1) search:
(A) the National Motor Vehicle Title Information System data base (as described under 49 U.S.C. 30502); or
(B) an equivalent and commonly available data base; and
(2) comply with:
(A) IC 9-22-1-19; or
(B) IC 9-22-1-21;
as applicable.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 7. Releasing Towed Motor Vehicles › 24-14-7-1. Application of Chapter

Sec. 1. This chapter applies to the following:
(1) A towing company that tows and stores a motor vehicle under this article.
(2) A storage facility that stores a motor vehicle that is towed by a towing company under this article, regardless of whether the towing company and the storage facility are affiliates.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 7. Releasing Towed Motor Vehicles › 24-14-7-2. Release of Motor Vehicles; Required Actions; Right to Inspection; Forms of Payment

Sec. 2. (a) Upon payment of all costs relating to a tow, the storage of a motor vehicle, and all allowable fees, as applicable, the towing company or storage facility shall release the motor vehicle to a properly identified person who owns or holds a lien on the motor vehicle. Each release performed under this subsection shall comply with the procedures and be subject to the same requirements set forth in IC 9-22-1-8 with respect to abandoned motor vehicles.
(b) The owner, lienholder, or insurance company representative responsible for releasing a motor vehicle under this section shall have the right to inspect the motor vehicle during normal business hours before accepting the release of the motor vehicle.
(c) A towing company or storage facility shall accept the following forms of payment:
(1) Cash.
(2) Certified check.
(3) Insurance check.
(4) Money order.
A towing service or storage facility may elect to accept payment by means of a credit card or debit card.
(d) A towing company or storage facility, upon receiving payment for all costs and fees assessed against a motor vehicle, shall provide an itemized receipt that includes the information described under IC 24-14-5 if the information is available.
(e) A towing company or storage facility shall comply with IC 9-22-1-8.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 8. Fees and Records › 24-14-8-1. Towing, Clean-Up, and Storage Fees

Sec. 1. A towing company or storage facility shall charge a fee for towing, clean-up services, or storage of a motor vehicle that is reasonable.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 8. Fees and Records › 24-14-8-2. Invoice Requirement; Record Keeping Requirements

Sec. 2. All services provided by a towing company or storage facility, including any warranty service or zero cost service, shall be recorded on an invoice. The towing company or storage facility shall:
(1) maintain the invoice described in this section for a period of not less than two (2) years from the date of issuance; and
(2) throughout the two (2) year period described in subdivision (1), make the invoice available for inspection and copying not later than forty-eight (48) hours after receiving a written request for inspection from:
(A) a law enforcement agency;
(B) the attorney general;
(C) the prosecuting attorney or city attorney having jurisdiction in the location of any of the towing company's Indiana business locations;
(D) the disabled motor vehicle's owner; or
(E) the agent of the disabled motor vehicle's owner.
As added by P.L.281-2019, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 14. Towing Services › Chapter 8. Fees and Records › 24-14-8-3. Access to Invoice by Law Enforcement Agencies or Attorney General

Sec. 3. A towing company or storage facility shall furnish a copy of the invoice described in IC 24-14-5 to a local law enforcement agency or the office of the attorney general.
As added by P.L.281-2019, SEC.5.