Ind. Code ch. 8-1-6

Ind. Code ch. 8-1-6
in effect

Ind. Code § 8-1-6-1 Public policy; computation; disposition

Sec. 1. (a) It is declared to be the public policy of this state that in order to maintain and foster the effective regulation of the public utilities, in the interests of the people of the state of Indiana and the public utilities as well, the public utilities subject to regulation and which enjoy the privilege of operating as public utilities in this state shall bear the expense of administering the provisions of IC 8-1-1 and IC 8-1-2 by means of a public utility fee on such privilege measured by the annual gross revenue of such public utilities in the manner provided in this chapter. That expense shall be determined by totaling the budgets, approved by the general assembly in its appropriation act for the years to be billed, of the commission and the utility consumer counselor, including expert witness fees. The sum of two hundred fifty thousand dollars ($250,000) shall be added to that total for the use of the commission and the utility consumer counselor as a contingency fund, with expenditures from that fund subject to prior approval of the governor and state budget agency. The proceeds from the public utility fee shall be paid to the commission and deposited in the state general fund for appropriation to the regulation of public utilities. If the reports required to be submitted to the commission under section 5 of this chapter reveal that the amounts to be collected for the fiscal year from the public utilities, when added together, plus the amount deposited in the state general fund under this section at the end of the fiscal year will exceed the total of the expenses plus the contingency fund, the commission shall compute the amount of each public utility's proportionate share of the excess sum. The commission shall, as promptly as possible, notify each public utility of the amount of its proportionate share of such excess and that amount shall be deducted from the subsequent payment of any fees imposed on such utility under section 4 of this chapter. (b) If the sum of the actual expenditures of the commission and the utility consumer counselor are less than the appropriations therefor by the general assembly, the difference between the actual expenditures and the appropriations shall be subject to the credit provision provided in this section and each utility's proportionate share of that difference shall be deducted from the subsequent payment of any fee imposed on that utility under section 4 of this chapter. Formerly: Acts 1969, c.360, s.1; Acts 1974, P.L.28, SEC.1; Acts 1975, P.L.77, SEC.1. As amended by Acts 1977, P.L.101, SEC.1; P.L.23-1988, SEC.37; P.L.213-2025, SEC.98.

Ind. Code § 8-1-6-2 Disposition of fees

Sec. 2. (a) All fees prescribed by this chapter shall be paid into the treasury of the state of Indiana through the secretary of the commission, a quietus shall be issued, and the fees shall be deposited into the state general fund. (b) Fees collected from municipalities under IC 8-1-2-85 and amounts paid by municipal utilities under IC 8-1-2-70 shall also be deposited in the state general fund, as if they were fees collected from public utilities under this chapter. Formerly: Acts 1969, c.360, s.2; Acts 1975, P.L.77, SEC.2. As amended by Acts 1977, P.L.101, SEC.2; Acts 1982, P.L.74, SEC.3; P.L.23-1988, SEC.38; P.L.1-2010, SEC.42; P.L.251-2013, SEC.3; P.L.136-2018, SEC.60; P.L.213-2025, SEC.99.

Ind. Code § 8-1-6-3 "Public utility" and "gross revenue" defined

Sec. 3. The term "public utility", as used in this chapter, shall mean and embrace every corporation, company, cooperative organization of any kind, individual, association of individuals, their lessees, trustees, or receivers appointed by any court whatsoever that on or after March 15, 1969, may own, operate, manage, or control any plant or equipment within the state for the conveyance of telegraph or telephone messages, or for the production, transmission, delivery, or furnishing of heat, light, water, or power, or for the collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste, for service directly or indirectly to the public, but said term shall not include a municipality that may after March 14, 1969, acquire, own, or operate any of the foregoing facilities. The term "gross revenue", as used in this chapter, shall include all intrastate operating revenue received by a public utility for the conveyance of telegraph or telephone messages or for the production, transmission, delivery, or furnishing of heat, light, water, or power, or for the collection, treatment, purification, or disposal in any sanitary manner of liquid or solid waste, sewage, night soil, and industrial waste for service directly or indirectly to the public. Provided, however, that such term shall not include revenue derived by a public utility in the sale of public utility services, products, or commodities to another public or municipal utility for resale by the latter. Formerly: Acts 1969, c.360, s.3. As amended by P.L.59-1984, SEC.53.

Ind. Code § 8-1-6-4 Imposition

Sec. 4. A public utility fee is imposed upon each public utility subject to the provisions of this chapter equal to one hundred seventy-five thousandths percent (0.175%) of its gross revenue for the preceding calendar year. The commission may not bill or collect a public utility fee that is fifty dollars ($50) or less under this calculation. Formerly: Acts 1969, c.360, s.4. As amended by Acts 1977, P.L.101, SEC.3; P.L.159-1999, SEC.19; P.L.213-2025, SEC.100.

Ind. Code § 8-1-6-5 Report of annual gross revenue

Sec. 5. On or before May 1 of each year, public utilities subject to the provisions of this chapter shall file with the commission a report of their annual gross revenue for the preceding calendar year and a statement of the amount of public utility fee due on the basis of said report. Forms for said report or returns shall be devised and supplied by the commission. Formerly: Acts 1969, c.360, s.5. As amended by Acts 1979, P.L.84, SEC.5.

Ind. Code § 8-1-6-6 Audit of returns

Sec. 6. All returns submitted to the commission by a public utility as provided by this chapter shall be sworn to by an appropriate officer of the public utility. The commission may audit each such return submitted and may take such measures as are necessary to ascertain the correctness of the returns submitted. The commission is hereby vested with the power to direct the filing of any return required by this chapter. Formerly: Acts 1969, c.360, s.6. As amended by P.L.59-1984, SEC.54.

Ind. Code § 8-1-6-7 Payments subject to allotment system

Sec. 7. The commission shall be subject to the quarterly allotment system under IC 4-13-2-18. Formerly: Acts 1969, c.360, s.7. As amended by P.L.59-1984, SEC.55; P.L.213-2025, SEC.101.

Ind. Code § 8-1-6-8 Delinquent fees; penalty

Sec. 8. Each installment or required payment of the fee imposed by section 4 of this chapter becomes delinquent at midnight of the last day for payment thereof as provided in section 7 of this chapter. If a public utility has failed to pay, or has underpaid, the proper amount of any quarterly installment or payment, it shall pay a penalty to the commission of one percent (1%) of the amount so due on any quarterly installment or payment for each month or fraction thereof that such amount is unpaid. The commission may enforce the collection of any delinquent installment or payment, or portion thereof by legal action or in any other manner by which the collection of debts due the state of Indiana may be enforced under the laws of this state. Formerly: Acts 1969, c.360, s.8. As amended by P.L.59-1984, SEC.56.

Ind. Code § 8-1-6-9 Deposit with treasurer of state

Sec. 9. All sums collected by the commission under the provisions of this chapter shall be paid not less than fifteen (15) days after receipt of the same, accompanied by a detailed statement thereof to the treasurer of the state of Indiana and deposited into the state general fund. Formerly: Acts 1969, c.360, s.9. As amended by P.L.59-1984, SEC.57; P.L.213-2025, SEC.102.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/8Fetched: 10/17/2026

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