House Enrolled Act No. 1042 (2026), Regulation and investment of cryptocurrency (P.L. 49-2026)
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Research, not advice. Part of the Bitcoin research archive (October 2026). Claims labelled unverified, contested or fringe are reported, not endorsed; statuses of bills and rules are as of the date checked. Government, court and patent records are public domain; the research notes are CC BY 4.0.
Second Regular Session of the 124th General Assembly (2026)
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 this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word 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 this style type or this style type reconciles conflicts
between statutes enacted by the 2025 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1042
AN ACT to amend the Indiana Code concerning state and local
administration.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 2-3.5-2-2.8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 2.8. "Cryptocurrency" means a virtual currency
that:
(1) is not issued by a central authority;
(2) is designed to function as a medium of exchange; and
(3) uses encryption technology to:
(A) regulate the generation of units of currency;
(B) verify fund transfers; and
(C) prevent counterfeiting.
The term does not include payment stablecoin.
SECTION 2. IC 2-3.5-5-3.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 3.3. (a) Not later than July 1, 2027, the board shall
offer, as a regular investment program within the defined
contribution fund, a self directed brokerage account that offers at
least one (1) cryptocurrency investment option.
(b) The board may adopt requirements and rules that apply to
a cryptocurrency investment option under a self directed
brokerage account offered under subsection (a), including the
following:
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(1) The board's investment guidelines and limits for the
cryptocurrency investment option.
(2) A participant's selection of and changes to the
participant's investment options.
(3) The valuation of a participant's account.
(4) The allocation and payment of administrative expenses for
the cryptocurrency investment option.
(c) The board shall determine the appropriate administrative
fees to be charged to the participant's accounts.
SECTION 3. IC 5-10-1.1-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 0.5. As used in this chapter,
"cryptocurrency" has the meaning set forth in IC 2-3.5-2-2.8.
SECTION 4. IC 5-10-1.1-4.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4.3. (a) Not later than July 1,
2027, the deferred compensation committee shall offer, as a regular
investment program within the defined contribution fund, a self
directed brokerage account that offers at least one (1)
cryptocurrency investment option.
(b) The deferred compensation committee may adopt
requirements and rules that apply to a cryptocurrency investment
option under a self directed brokerage account offered under
subsection (a), including the following:
(1) The deferred compensation committee's investment
guidelines and limits for the cryptocurrency investment
option.
(2) A plan participant's selection of and changes to the plan
participant's investment options.
(3) The valuation of a plan participant's account.
(4) The allocation and payment of administrative expenses for
the cryptocurrency investment option.
(c) The deferred compensation committee shall determine the
appropriate administrative fees to be charged to the plan
participant accounts.
SECTION 5. IC 5-10.3-1-1.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1.3. As used in this article,
"cryptocurrency" has the meaning set forth in IC 2-3.5-2-2.8.
SECTION 6. IC 5-10.3-5-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 3.5. (a) Not later than July 1,
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2027, the board shall offer, as a regular investment program within
the annuity savings accounts described in IC 5-10.2-2-2(a), a self
directed brokerage account that offers at least one (1)
cryptocurrency investment option.
(b) The board may adopt requirements and rules that apply to
a cryptocurrency investment option under a self directed
brokerage account offered under subsection (a), including the
following:
(1) The board's investment guidelines and limits for the
cryptocurrency investment option.
(2) A member's selection of and changes to the member's
investment options.
(3) The valuation of a member's account.
(4) The allocation and payment of administrative expenses for
the cryptocurrency investment option.
(c) The board shall determine the appropriate administrative
fees to be charged to the member accounts.
SECTION 7. IC 5-10.3-12-22.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 22.5. (a) Not later than July 1,
2027, the board shall offer, as a regular investment program within
the plan, a self directed brokerage account that offers at least one
(1) cryptocurrency investment option.
(b) The board may adopt requirements and rules that apply to
a cryptocurrency investment option under a self directed
brokerage account offered under subsection (a), including the
following:
(1) The board's investment guidelines and limits for the
cryptocurrency investment option.
(2) A member's selection of and changes to the member's
investment options.
(3) The valuation of a member's account.
(4) The allocation and payment of administrative expenses for
the cryptocurrency investment option.
(c) The board shall determine the appropriate administrative
fees to be charged to the member accounts.
SECTION 8. IC 5-10.4-1-5.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5.4. "Cryptocurrency" has the
meaning set forth in IC 2-3.5-2-2.8.
SECTION 9. IC 5-10.4-3-10.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2026]: Sec. 10.5. (a) Not later than July 1,
2027, the board shall offer, as a regular investment program within
the annuity savings accounts described in IC 5-10.4-2-2, a self
directed brokerage account that offers at least one (1)
cryptocurrency investment option.
(b) The board may adopt requirements and rules that apply to
a cryptocurrency investment option under a self directed
brokerage account offered under subsection (a), including the
following:
(1) The board's investment guidelines and limits for the
cryptocurrency investment option.
(2) A member's selection of and changes to the member's
investment options.
(3) The valuation of a member's account.
(4) The allocation and payment of administrative expenses for
the cryptocurrency investment option.
(c) The board shall determine the appropriate administrative
fees to be charged to the member accounts.
SECTION 10. IC 5-10.4-8-8.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 8.5. (a) Not later than July 1,
2027, the board shall offer, as a regular investment program within
the plan, a self directed brokerage account that offers at least one
(1) cryptocurrency investment option.
(b) The board may adopt requirements and rules that apply to
a cryptocurrency investment option under a self directed
brokerage account offered under subsection (a), including the
following:
(1) The board's investment guidelines and limits for the
cryptocurrency investment option.
(2) A member's selection of and changes to the member's
investment options.
(3) The valuation of a member's account.
(4) The allocation and payment of administrative expenses for
the cryptocurrency investment option.
(c) The board shall determine the appropriate administrative
fees to be charged to the member accounts.
SECTION 11. IC 5-36 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2026]:
ARTICLE 36. AUTHORITY OF ADMINISTRATIVE
AGENCIES TO REGULATE DIGITAL ASSETS
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Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
Sec. 2. "Blockchain" means data that is:
(1) shared across a network to create a ledger of verified
transactions or information among network participants; and
(2) linked using cryptography to maintain the integrity of the
ledger and to execute other functions;
including data that is distributed among network participants in an
automated manner to concurrently update network participants on
the state of the ledger and any other functions.
Sec. 3. "Blockchain protocol" means executable software that:
(1) is governed by a set of predefined rules that:
(A) execute autonomously without human intervention;
and
(B) can be altered by a predetermined process;
including predefined rules that use a previously existing
blockchain as a base;
(2) facilitates transfer of data and electronic records and
allows the data and electronic records to be broadcast to
nodes; and
(3) is deployed to a blockchain;
including a smart contract or network of smart contracts.
Sec. 4. "Digital asset" means:
(1) virtual currency;
(2) cryptocurrency (as defined in IC 2-3.5-2-2.8);
(3) payment stablecoin (as defined in 12 U.S.C. 5901(22));
(4) fungible tokens and nonfungible tokens; and
(5) other assets that:
(A) exist only in electronic form; and
(B) confer economic, proprietary, or access rights or
powers.
Sec. 5. "Digital asset mining" means using computing devices to
run software that is specifically designed or utilized for the purpose
of validating data and securing a blockchain network.
Sec. 6. "Digital asset mining business" means multiple
computing devices at a single location that:
(1) are used to perform digital asset mining; and
(2) consume, in total, an annual average of more than one (1)
megawatt of energy in performing digital asset mining.
Sec. 7. "Hardware wallet" means:
(1) a physical device that:
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(A) is not continuously connected to the Internet; and
(B) allows an individual to secure and transfer digital
assets; or
(2) a physical device that enables the owner of digital assets to
retain independent control over the digital assets.
Sec. 8. "Node" means software:
(1) that:
(A) communicates with other devices or participants on a
blockchain to maintain consensus and integrity of the
blockchain;
(B) creates and validates blocks of transactions;
(C) contains and updates a copy of a blockchain; or
(D) performs any combination of the functions described
in clauses (A) through (D); and
(2) that does not exercise discretion over transactions initiated
by the end user of a blockchain protocol.
Sec. 9. "Private digital asset mining" means digital asset
mining:
(1) that is conducted by an individual; and
(2) the individual's conduct of which does not consume an
annual average of more than one (1) megawatt of energy.
Sec. 10. "Public agency" means a board, commission,
department, division, bureau, committee, agency, office,
instrumentality, authority, or other entity exercising any part of
the executive, including the administrative, power of the state.
Sec. 11. "Self-hosted wallet" means a digital interface used to:
(1) secure and transfer digital assets; and
(2) retain independent control over the digital assets by the
owner of the digital assets.
Sec. 12. "Smart contract" means a computer program that:
(1) is hosted and executed on a blockchain network; and
(2) consists of code specifying predetermined conditions that,
when met, trigger predetermined outcomes.
Sec. 13. "Stake" or "staking" means committing digital assets
to a blockchain network to participate in the blockchain network's
operations by validating transactions, proposing or attesting to
blocks, and securing the blockchain network.
Sec. 14. "Validate" means performance of a process by which
a blockchain protocol, through its consensus mechanism, confirms
the authenticity and accuracy of transactions or other data entries
that are then recorded on a blockchain protocol.
Chapter 2. Regulation of Digital Assets
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Sec. 1. (a) No public agency other than the department of
financial institutions may adopt or enforce a rule or other
regulation that would have the effect of prohibiting, restricting, or
impairing the ability of a person to:
(1) use or accept digital assets as a method of payment for
legal goods and services; or
(2) take or maintain custody of digital assets using a
self-hosted wallet or hardware wallet.
(b) No public agency other than the department of financial
institutions may impose taxes or fees on:
(1) use or acceptance of digital assets as a method of payment
for legal goods and services; or
(2) taking or maintaining custody of digital assets using a
self-hosted wallet or hardware wallet;
that are not applicable to comparable financial transactions that
do not involve digital assets.
Sec. 2. No public agency other than the department of financial
institutions may adopt or enforce a rule or other regulation that
would have the effect of prohibiting, restricting, or impairing the
ability of an individual or business to do any of the following:
(1) Operate a node for the purpose of connecting to a
blockchain protocol and participating in the operation of the
blockchain protocol.
(2) Develop software on a blockchain protocol.
(3) Transfer digital assets to another individual or business
using a blockchain protocol.
(4) Participate in staking on a blockchain protocol.
Sec. 3. (a) Except as provided in subsection (b), no public agency
other than the department of financial institutions may prohibit
the operation of a digital asset mining business.
(b) A public agency may enforce rules or other regulations
applicable to a digital asset mining business's location as zoned, in
compliance with IC 36-7-4.
SECTION 12. IC 28-8-4.1-201, AS ADDED BY P.L.198-2023,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 201. The following definitions apply throughout
this chapter:
(1) "Acting in concert" means persons knowingly acting together
with a common goal of jointly acquiring control of a licensee
whether or not pursuant to an express agreement.
(2) "Authorized delegate" means a person a licensee designates to
engage in money transmission on behalf of the licensee.
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(3) "Average daily money transmission liability", with respect to
a calendar quarter, means:
(A) the sum of the amounts of a licensee's outstanding money
transmission obligations in Indiana at the end of each day in
the calendar quarter; divided by
(B) the total number of days in that calendar quarter.
For purposes of this subdivision, a "calendar quarter" is a quarter
ending on March 31, June 30, September 30, or December 31.
(4) "Bank Secrecy Act" means:
(A) the Bank Secrecy Act (31 U.S.C. 5311 et seq.); and
(B) regulations adopted under the Bank Secrecy Act (31
U.S.C. 5311 et seq.).
(5) "Closed loop stored value" means stored value that is
redeemable by the issuer only for goods or services provided by
the issuer or the issuer's affiliate or by franchisees of the issuer or
the issuer's affiliate, except to the extent required by applicable
law to be redeemable in cash for its cash value.
(6) "Control" means any of the following:
(A) The power to vote, directly or indirectly, at least
twenty-five percent (25%) of the outstanding voting shares or
voting interests of a licensee or of a person in control of a
licensee.
(B) The power to elect or appoint a majority of key individuals
or executive officers, managers, directors, trustees, or other
persons exercising managerial authority of a person in control
of a licensee.
(C) The power to exercise, directly or indirectly, a controlling
influence over the management or policies of a licensee or of
a person in control of a licensee. For purposes of this clause,
a person is presumed to exercise a controlling influence if the
person holds the power to vote, directly or indirectly, at least
ten percent (10%) of the outstanding voting shares or voting
interests of a licensee or of a person in control of a licensee.
However, a person presumed to exercise a controlling
influence under this clause may rebut the presumption of
control if the person is a passive investor.
For purposes of this subdivision, the percentage of a person
controlled by any other person is determined by aggregating the
other person's interest with the interest of any other immediate
family member of that person, including the person's spouse,
parents, children, siblings, mothers-in-law and fathers-in-law,
sons-in-law and daughters-in-law, and any other person who
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shares the person's home.
(7) "Department" refers to the members of the department of
financial institutions.
(8) "Director" refers to the director of the department appointed
under IC 28-11-2-1.
(9) "Eligible rating" means a credit rating of any of the three (3)
highest rating categories provided by an eligible rating service,
including any rating category modifiers, such as "plus" or "minus"
for S&P Global, or an equivalent modifier for any other eligible
rating service. The term includes the following:
(A) A long term credit rating equal to at least A- by S&P
Global, or an equivalent long term credit rating for any other
eligible rating service.
(B) A short term credit rating equal to at least A-2 by S&P
Global, or an equivalent short term credit rating for any other
eligible rating service.
In any case in which the credit ratings differ among eligible rating
services, the highest rating applies in determining whether the
credit rating is an "eligible rating" as defined in this subdivision.
(10) "Eligible rating service" means:
(A) a nationally recognized statistical rating organization, as
defined by the United States Securities and Exchange
Commission; or
(B) any other organization designated as such by the director.
(11) "Federally insured depository financial institution" means:
(A) a bank;
(B) a credit union;
(C) a savings and loan association;
(D) a trust company;
(E) a corporate fiduciary;
(F) a savings association;
(G) a savings bank;
(H) an industrial bank; or
(I) an industrial loan company;
that is organized under the law of the United States or any state of
the United States and that has federally or privately insured
deposits as permitted by state or federal law.
(12) "In Indiana", with respect to the location of a transaction,
means the following:
(A) At a physical location in Indiana, for a transaction
requested in person.
(B) For a transaction requested electronically or by telephone,
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a determination made by the provider of money transmission,
by relying on the following, that the person requesting the
transaction is in Indiana:
(i) Information, provided by the person, regarding the
location of the individual's residential address or the
business entity's principal place of business or other physical
address location, as applicable.
(ii) Any records associated with the person that the provider
of money transmission may have that indicate the person's
location, including an address associated with an account.
(13) "Individual" means a natural person.
(14) "Key individual" means an individual ultimately responsible
for establishing or directing policies and procedures of a licensee,
such as an executive officer, manager, director, or trustee.
(15) "Licensee" means a person licensed under this chapter.
(16) "Material litigation" means litigation that, according to
United States generally accepted accounting principles, is
significant to a person's financial health and would be required to
be disclosed in the person's annual audited financial statements,
report to shareholders, or similar records.
(17) "Money" means a medium of exchange that is issued by the
United States government or by a foreign government. The term
includes a monetary unit of account established by an
intergovernmental organization or by agreement between two (2)
or more governments.
(18) "Monetary value" means a medium of exchange, whether or
not redeemable in money.
(19) "Money transmission" means any of the following:
(A) Selling or issuing payment instruments to a person located
in Indiana.
(B) Selling or issuing stored value to a person located in
Indiana.
(C) Receiving money for transmission from a person located
in Indiana.
The term does not include the provision of solely online or
telecommunications services or network access. The term does
not include development or use of software for noncustodial
transfer of digital assets (as defined by IC 5-36-1-4).
(20) "MSB accredited state" means a state agency that is
accredited by the Conference of State Bank Supervisors and
Money Transmitter Regulators Association for money
transmission licensing and supervision.
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(21) "Multistate licensing process" means an agreement entered
into by and among state regulators related to:
(A) coordinated processing of applications for money
transmission licenses;
(B) applications for the acquisition and control of a licensee;
(C) control determinations; or
(D) notice and information requirements for a change of key
individuals.
(22) "NMLS" means the Nationwide Multistate Licensing System
and Registry:
(A) developed by the Conference of State Bank Supervisors
and the American Association of Residential Mortgage
Regulators; and
(B) owned and operated by the State Regulatory Registry,
LLC, or by any successor or affiliated entity;
for the licensing and registry of persons in financial services
industries.
(23) "Outstanding money transmission obligation", as established
and extinguished in accordance with applicable state law, means:
(A) any payment instrument or stored value that:
(i) is issued or sold by a licensee to a person located in the
United States, or reported as sold by an authorized delegate
of the licensee to a person located in the United States; and
(ii) has not yet been paid or refunded by or for the licensee,
or escheated in accordance with applicable abandoned
property laws; or
(B) any money that:
(i) is received for transmission by a licensee, or by an
authorized delegate of the licensee, from a person located in
the United States; and
(ii) has not been received by the payee or refunded to the
seller, or escheated in accordance with applicable
abandoned property laws.
For purposes of this subdivision, a person is located "in the
United States" if the person is located in any state, territory, or
possession of the United States or in the District of Columbia, the
Commonwealth of Puerto Rico, or a United States military
installation located in a foreign country.
(24) "Passive investor" means a person that:
(A) does not have the power to elect a majority of key
individuals or executive officers, managers, directors, trustees,
or other persons exercising managerial authority over a person
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in control of a licensee;
(B) is not employed by and does not have any managerial
duties with respect to the licensee or a person in control of the
licensee;
(C) does not have the power to exercise, directly or indirectly,
a controlling influence over the management or policies of the
licensee or a person in control of the licensee; and
(D) either:
(i) attests to as facts the characteristics of passivity set forth
in clauses (A) through (C), in a form and by a medium
prescribed by the director; or
(ii) commits to the characteristics of passivity set forth in
clauses (A) through (C) in a written document.
(25) "Payment instrument" means a written or electronic check,
draft, money order, traveler's check, or other written or electronic
instrument for the transmission or payment of money or monetary
value, whether or not negotiable. The term does not include:
(A) stored value; or
(B) any instrument that:
(i) is redeemable by the issuer only for goods or services
provided by the issuer or its affiliate, or franchisees of the
issuer or its affiliate, except to the extent required by
applicable law to be redeemable in cash for its cash value;
or
(ii) is not sold to the public but is issued and distributed as
part of a loyalty, rewards, or promotional program.
(26) "Person" means any individual, general partnership, limited
partnership, limited liability company, corporation, trust,
association, joint stock corporation, or other corporate entity, as
so identified by the director.
(27) "Receiving money for transmission" means receiving money
or monetary value in the United States for transmission within or
outside the United States by electronic or other means. The term
"money received for transmission" has a corresponding meaning.
(28) "Stored value" means monetary value representing a claim,
against the issuer, that is evidenced by an electronic or digital
record and that is intended and accepted for use as a means of
redemption for money or monetary value, or payment for goods
or services. The term includes "prepaid access" as defined in 31
CFR 1010.100. The term does not include:
(A) a payment instrument;
(B) closed loop stored value; or
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(C) stored value not sold to the public but issued and
distributed as part of a loyalty, rewards, or promotional
program.
(29) "Tangible net worth" means the aggregate assets of a
licensee, excluding all intangible assets, less liabilities, as
determined in accordance with United States generally accepted
accounting principles.
SECTION 13. IC 34-46-7 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
Chapter 7. Privileged Financial Information
Sec. 1. As used in this chapter, "digital asset" means:
(1) virtual currency;
(2) cryptocurrency (as defined in IC 2-3.5-2-2.8);
(3) payment stablecoin (as defined in 12 U.S.C. 5901(22));
(4) fungible tokens and nonfungible tokens; and
(5) other assets that:
(A) exist only in electronic form; and
(B) confer economic, proprietary, or access rights or
powers.
Sec. 2. As used in this chapter, "digital asset private key" means
an alphanumeric code that is used to:
(1) prove ownership of; and
(2) access;
digital assets.
Sec. 3. A court may compel a person to disclose a digital asset
private key only if no other admissible information is sufficient to
provide access to the digital asset.
SECTION 14. IC 35-37-7 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
Chapter 7. Privileged Financial Information
Sec. 1. As used in this chapter, "digital asset" means:
(1) virtual currency;
(2) cryptocurrency (as defined in IC 2-3.5-2-2.8);
(3) payment stablecoin (as defined in 12 U.S.C. 5901(22));
(4) fungible tokens and nonfungible tokens; and
(5) other assets that:
(A) exist only in electronic form; and
(B) confer economic, proprietary, or access rights or
powers.
Sec. 2. As used in this chapter, "digital asset private key" means
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an alphanumeric code that is used to:
(1) prove ownership of; and
(2) access;
a digital asset.
Sec. 3. A court may compel a person to disclose a digital asset
private key only if no other admissible information is sufficient to
provide access to the digital asset.
SECTION 15. IC 36-1-3-15 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 15. (a) The definitions in IC 5-36-1 apply throughout
this section.
(b) A unit may not adopt or enforce a rule or other regulation
that would have the effect of prohibiting, restricting, or impairing
the ability of a person to:
(1) use or accept digital assets as a method of payment for
legal goods and services; or
(2) take custody of digital assets using a self-hosted wallet or
hardware wallet.
(c) A unit may not impose taxes or fees on:
(1) use or acceptance of digital assets as a method of payment
for legal goods and services; or
(2) taking or maintaining custody of digital assets using a
self-hosted wallet or hardware wallet;
that are not applicable to comparable financial transactions that
do not involve digital assets.
SECTION 16. IC 36-1-30.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
Chapter 30.5. Regulation of Digital Asset Mining
Sec. 1. The definitions in IC 5-36-1 apply throughout this
chapter.
Sec. 2. A unit may not adopt or enforce an ordinance or other
regulation that would have the effect of prohibiting, restricting, or
impairing the ability of an individual or business to do any of the
following:
(1) Operate a node for the purpose of connecting to a
blockchain protocol and participating in the operation of the
blockchain protocol.
(2) Develop software on a blockchain protocol.
(3) Transfer digital assets to another individual or business
using a blockchain protocol.
(4) Participate in staking on a blockchain protocol.
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Sec. 3. A unit may not adopt or enforce an ordinance or other
regulation:
(1) that prohibits a digital asset mining business that
otherwise meets the requirements for operation in an area
zoned for industrial use from operating in an area zoned for
industrial use; or
(2) that:
(A) limits the level of noise generated by a digital asset
mining business that is located in an area zoned for
industrial use; and
(B) is not applicable to other businesses operating in an
area zoned for industrial use.
Sec. 4. A unit may not adopt or enforce an ordinance or other
regulation:
(1) that prohibits private digital asset mining in a residence
located in an area that is zoned for residential use; or
(2) that:
(A) limits the level of noise generated by private digital
asset mining in a residence located in an area that is zoned
for residential use; and
(B) is not applicable to other residences in an area zoned
for residential use.
HEA 1042 — Concur
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1042 — Concur