HB 1408

           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. 1408
    AN ACT to amend the Indiana Code concerning education.
    Be it enacted by the General Assembly of the State of Indiana:
  SECTION 1. IC 4-3-26-10, AS AMENDED BY P.L.138-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. The MPH shall do the following:
    (1) Establish and maintain a program to collect, analyze, and
    exchange government information in carrying out the powers and
    duties of the OMB and the powers and duties of the executive
    state agency sharing the data. In carrying out this program, the
    MPH may, in accordance with IC 4-1-6, obtain government
    information from each executive state agency.
    (2) In accordance with IC 4-1-6 and IC 5-14-3, establish and
    maintain a program to make government information available to
    executive state agencies, political subdivisions, educational
    institutions, researchers, nongovernmental organizations, the
    general assembly and its members, and the general public,
    subject to the following:
       (A) A request for data subject to IC 4-1-6-8.6 shall be made in
       conformance with that section.
       (B) A program established and maintained under this chapter
       must include policies governing access to government
       information held by the MPH under this chapter. Government
       information may be made available only in accordance with
       applicable confidentiality and disclosure laws.
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     (3) Establish privacy and quality policies for government
     information that comply with all applicable Indiana and federal
     laws, rules, and policies.
     (4) In accordance with standards developed by the office of
     technology established by IC 4-13.1-2-1, establish and maintain
     a program to ensure the security of government information under
     this chapter.
     (5) Conduct operational and procedural audits of executive state
     agencies.
     (6) Perform financial planning and design and implement
     efficiency projects for executive state agencies.
     (7) Advise and assist each executive state agency to identify and
     implement continuous process improvement in state government.
     (8) Carry out such other responsibilities as may be designated by
     the director of the OMB or the chief data officer to carry out the
     responsibilities of the OMB or the chief data officer.
   SECTION 2. IC 4-3-26-17, AS ADDED BY P.L.106-2024,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 17. (a) The MPH shall do the following before
September 1 each year:
     (1) Compile into a data product:
         (A) all reports delivered to the MPH under IC 22-4.1-24-3 for
         the twelve (12) month period ending on the preceding March
         31;
         (B) the information contained in the dashboard described
         in IC 20-31-8-5.5;
         (C) the report described in IC 21-14-15-1; and
         (D) the analysis described in IC 21-14-15-2.
     (2) Make the data product available to:
         (A) each workforce focused agency (as defined in
         IC 22-4.1-1-6.5); and
         (B) the general assembly.
   (b) The MPH shall include the data product components
described in subsection (a)(1)(B) through (a)(1)(D) in the data
product described in subsection (a)(1) subject to available funding.
   SECTION 3. IC 21-22-6-3, AS AMENDED BY P.L.174-2018,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. The campus board consists of at least seven (7)
members, including the respective regional representative of the
state board of trustees appointed under IC 21-22-3-3, who serves
as a nonvoting member, and at least five (5) members who are
representative of the manufacturing, commercial, agricultural, labor,
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and educational groups of the campus service area, all appointed by the
state board of trustees. Membership may include a representative from
a school corporation that has part of its district within the campus
service area and at least one (1) Ivy Tech Community College student
who is enrolled at the campus. All members of the campus board must
be residents of the campus service area. Appointments are for three (3)
year terms, on a staggered basis, and all trustees must be citizens of
Indiana. Members may serve for an unlimited number of terms.
   SECTION 4. IC 21-22-6-8, AS AMENDED BY P.L.174-2018,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. A campus board shall do the following:
      (1) Make a careful analysis of the educational needs and
      opportunities of the campus service area, including an analysis of
      programs and pathways designed to meet workforce and employer
      demand.
      (2) Develop and recommend to the state board of trustees a plan
      for providing postsecondary:
          (A) general education;
          (B) liberal arts education; and
          (C) occupational and technical education;
      programs and appropriate workforce development, assessment,
      and training services for the residents of that campus service area.
      (3) Develop and recommend a budget for campus programs and
      operations.
      (4) Identify and recommend methods to optimize the use of
      facilities and equipment to support programs and pathways
      designed to meet workforce and employer demand.
      (5) Facilitate and develop cooperation with employers,
      community leaders, economic development efforts, area career
      and technical education centers, and other public and private
      education and training entities in order to provide postsecondary
      general, liberal arts, and occupational and technical education and
      training designed to meet workforce and employer demand in an
      efficient and cost effective manner and to avoid duplication of
      services.
      (6) Determine through evaluation, studies, or assessments the
      degree to which the established training needs of the campus
      service area are being met.
      (7) Make recommendations to the state board of trustees
      concerning policies that appear to substantially affect the campus
      board's capacity to deliver effective and efficient programming.
      (8) Review building utilization data prior to approving capital
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      requests or requests for proposals to ensure capital
      investments are justified by enrollment projections and
      operational efficiency data.
    SECTION 5. IC 21-22-6-12 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 12. On or before July 1, 2027, the state board of
trustees shall create and approve evaluation tools for campus
boards to provide annual feedback on the performance of the
campus chancellors to the president of Ivy Tech Community
College.
    SECTION 6. IC 21-22-6-13 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 13. (a) On or before July 1, 2027, and each July 1
thereafter, Ivy Tech Community College shall provide to each
campus board, in a manner and form prescribed by the state board
of trustees, the information described in IC 21-14-15-1(1) through
IC 21-14-15-1(13).
    (b) Each campus shall provide to its campus board, at each
regularly scheduled meeting, a performance dashboard that
includes:
      (1) the annual goals established by the campus strategic plan
      under section 15 of this chapter;
      (2) progress toward each annual goal as of the date of the
      report;
      (3) a comparison of current progress to outcomes achieved for
      the same period of the prior year; and
      (4) an explanation of contributing factors and proposed
      corrective actions for any goals where progress is significantly
      below target.
    (c) The state board of trustees shall establish a standardized
format for the performance dashboard described in subsection (b)
to ensure consistency across campuses, while permitting the
inclusion of campus specific metrics.
    SECTION 7. IC 21-22-6-14 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 14. On or before July 1, 2027, and each July 1
thereafter, Ivy Tech Community College shall provide to each
campus board an annual analysis of market labor outcomes that
does the following:
      (1) Analyzes regional employer demand by sector, occupation,
      and required skills.
      (2) Quantifies campus level credential supply relative to
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     regional workforce demand.
     (3) Identifies misalignment between program offerings and
     high wage career opportunities.
     (4) Considers other relevant data, as determined by a campus.
     (5) Considers strategies to address gaps identified in
     subdivisions (1) through (4).
    SECTION 8. IC 21-22-6-15 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 15. (a) Each campus shall prepare a campus strategic
plan that connects with Ivy Tech Community College's strategic
plan and includes the following:
     (1) The campus vision and mission.
     (2) Measurable goals, including:
         (A) overall student enrollment;
         (B) enrollment in programs aligned to high wage, high
         demand occupations within the campus service area as
         identified in the campus strategic plan;
         (C) student persistence, meaning a student's continued
         enrollment and progress toward a degree or credential;
         (D) completion of a high value credential or an associate
         degree, or transfer to a four (4) year institution;
         (E) placement into:
           (i) work based learning; or
           (ii) apprenticeships;
         (F) job placement and graduate wages, as measured by the
         regional good jobs definition approved by the campus
         board under clause (H);
         (G) building utilization; and
         (H) a regional good jobs definition approved by the
         campus board that includes consideration of:
           (i) wages adjusted for regional cost of living;
           (ii) access to employer provided benefits, including
           health insurance and retirement;
           (iii) opportunities for career advancement; and
           (iv) positions providing significant public benefit,
           including early childhood education, health care, and
           public safety.
     (3) Specific strategies to achieve the goals identified in
     subdivision (2), including:
         (A) a general description of the actions the campus will
         take to achieve each measurable goal;
         (B) a target date for implementation; and
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         (C) a list of identified resources required for execution.
      (4) A process for annual review and adjustment of the
      strategic plan based on performance data and changing
      regional conditions.
   (b) The campus shall submit the strategic plan described in
subsection (a) to the campus board and state board of trustees for
approval.
   (c) After a strategic plan has been approved under subsection
(b), the campus shall provide the campus board with a campus
budget summary and budget narrative that:
      (1) demonstrates alignment between resource allocation and
      the priorities, goals, and strategies identified in the strategic
      plan;
      (2) identifies categories of major expenditures;
      (3) explains significant changes from the prior budget year;
      and
      (4) describes how budget decisions support the achievement
      of measurable goals.
   SECTION 9. IC 21-22-6-16 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 16. When a vacancy occurs in the position of a
campus chancellor, a member of the campus board selected by the
campus board, shall serve on the search committee appointed by
the president of Ivy Tech Community College.
   SECTION 10. IC 22-4.1-1-6.5, AS AMENDED BY P.L.213-2025,
SECTION 275, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 6.5. "Workforce focused agency"
means the following:
      (1) The department.
      (2) The department of education established by IC 20-19-3-1.
      (3) The commission for higher education established by
      IC 21-18-2-1.
      (4) The office of the secretary of family and social services
      established by IC 12-8-1.5-1.
      (5) The state workforce development board.
   SECTION 11. IC 22-4.1-1-7, AS AMENDED BY P.L.7-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) Except as provided in subsection (b),
"workforce related program" means:
      (1) a program operated, delivered, or enabled, in whole or in part,
      by a state provider using public funds to offer incentives, funding,
      support, or guidance for any of the following purposes:
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         (A) Job training.
         (B) The attainment of an industry recognized certification or
         credential.
         (C) The attainment of a postsecondary degree, certificate, or
         credential.
         (D) The provision of other types of employment assistance.
         (E) The promotion of Indiana to workers or the provision of
         assistance to a worker relocating to Indiana for employment.
         (F) Any other program that:
           (i) has, at least in part, the goal of securing employment or
           better employment for an individual; and
           (ii) receives funding through WIOA or a state appropriation;
           or
     (2) a work based learning program or transitional jobs program
     that is:
         (A) through an employment social enterprise; and
         (B) operated, delivered, or enabled, in whole or in part, by a
         state provider using public funds.
   (b) For purposes of IC 22-4.1-24-3, "workforce related program"
means a program offering incentives, funding, support, or guidance for
any of the following purposes:
     (1) Job training.
     (2) The attainment of an industry recognized certification or
     credential.
     (3) The attainment of a postsecondary degree, certificate, or
     credential.
     (4) The provision of other types of employment assistance.
     (5) The promotion of Indiana to workers or the provision of
     assistance to a worker relocating to Indiana for employment.
     (6) Any other program that has, at least in part, the goal of
     securing employment or better employment for an individual.
The term does not include includes an apprenticeship program for
which funding is received unless the apprenticeship program
receives funding under IC 22-4-25-1(c).
   SECTION 12. IC 22-4.1-24-3, AS ADDED BY P.L.106-2024,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) As used in this section, "management
performance hub" refers to the management performance hub
established by IC 4-3-26-8.
   (b) Not later than July 1, 2025, and before July 1 of each year
thereafter, each workforce focused agency shall deliver to the
management performance hub a workforce related program report,
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including any related or supporting data contemplated by the
report or data elements developed by a data governance team
under subsection (c)(2).
    (c) Before June 30, 2025, each workforce focused agency shall do
the following:
      (1) Establish a workforce related program data governance team
      of subject matter experts.
      (2) Develop a common set of data elements to be used to evaluate
      the workforce related program.
      (3) To the extent reasonably possible, include in a contract
      entered into or renewed after June 30, 2024, between a workforce
      focused agency and a person conducting, operating, or
      administering a workforce related program a provision that
      requires the person to provide the workforce focused agency with
      the common set of data elements developed under subdivision (2).
    SECTION 13. IC 24-5-0.5-3, AS AMENDED BY P.L.104-2024,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2027]: Sec. 3. (a) A supplier may not commit an unfair,
abusive, or deceptive act, omission, or practice in connection with a
consumer transaction. Such an act, omission, or practice by a supplier
is a violation of this chapter whether it occurs before, during, or after
the transaction. An act, omission, or practice prohibited by this section
includes both implicit and explicit misrepresentations.
    (b) Without limiting the scope of subsection (a), the following acts,
and the following representations as to the subject matter of a
consumer transaction, made orally, in writing, or by electronic
communication, by a supplier, are deceptive acts:
      (1) That such subject of a consumer transaction has sponsorship,
      approval, performance, characteristics, accessories, uses, or
      benefits it does not have which the supplier knows or should
      reasonably know it does not have.
      (2) That such subject of a consumer transaction is of a particular
      standard, quality, grade, style, or model, if it is not and if the
      supplier knows or should reasonably know that it is not.
      (3) That such subject of a consumer transaction is new or unused,
      if it is not and if the supplier knows or should reasonably know
      that it is not.
      (4) That such subject of a consumer transaction will be supplied
      to the public in greater quantity than the supplier intends or
      reasonably expects.
      (5) That replacement or repair constituting the subject of a
      consumer transaction is needed, if it is not and if the supplier
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   knows or should reasonably know that it is not.
   (6) That a specific price advantage exists as to such subject of a
   consumer transaction, if it does not and if the supplier knows or
   should reasonably know that it does not.
   (7) That the supplier has a sponsorship, approval, or affiliation in
   such consumer transaction the supplier does not have, and which
   the supplier knows or should reasonably know that the supplier
   does not have.
   (8) That such consumer transaction involves or does not involve
   a warranty, a disclaimer of warranties, or other rights, remedies,
   or obligations, if the representation is false and if the supplier
   knows or should reasonably know that the representation is false.
   (9) That the consumer will receive a rebate, discount, or other
   benefit as an inducement for entering into a sale or lease in return
   for giving the supplier the names of prospective consumers or
   otherwise helping the supplier to enter into other consumer
   transactions, if earning the benefit, rebate, or discount is
   contingent upon the occurrence of an event subsequent to the time
   the consumer agrees to the purchase or lease.
   (10) That the supplier is able to deliver or complete the subject of
   the consumer transaction within a stated period of time, when the
   supplier knows or should reasonably know the supplier could not.
   If no time period has been stated by the supplier, there is a
   presumption that the supplier has represented that the supplier
   will deliver or complete the subject of the consumer transaction
   within a reasonable time, according to the course of dealing or the
   usage of the trade.
   (11) That the consumer will be able to purchase the subject of the
   consumer transaction as advertised by the supplier, if the supplier
   does not intend to sell it.
   (12) That the replacement or repair constituting the subject of a
   consumer transaction can be made by the supplier for the estimate
   the supplier gives a customer for the replacement or repair, if the
   specified work is completed and:
      (A) the cost exceeds the estimate by an amount equal to or
      greater than ten percent (10%) of the estimate;
      (B) the supplier did not obtain written permission from the
      customer to authorize the supplier to complete the work even
      if the cost would exceed the amounts specified in clause (A);
      (C) the total cost for services and parts for a single transaction
      is more than seven hundred fifty dollars ($750); and
      (D) the supplier knew or reasonably should have known that
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      the cost would exceed the estimate in the amounts specified in
      clause (A).
   (13) That the replacement or repair constituting the subject of a
   consumer transaction is needed, and that the supplier disposes of
   the part repaired or replaced earlier than seventy-two (72) hours
   after both:
      (A) the customer has been notified that the work has been
      completed; and
      (B) the part repaired or replaced has been made available for
      examination upon the request of the customer.
   (14) Engaging in the replacement or repair of the subject of a
   consumer transaction if the consumer has not authorized the
   replacement or repair, and if the supplier knows or should
   reasonably know that it is not authorized.
   (15) The act of misrepresenting the geographic location of the
   supplier by listing an alternate business name or an assumed
   business name (as described in IC 23-0.5-3-4) in a local telephone
   directory if:
      (A) the name misrepresents the supplier's geographic location;
      (B) the listing fails to identify the locality and state of the
      supplier's business;
      (C) calls to the local telephone number are routinely forwarded
      or otherwise transferred to a supplier's business location that
      is outside the calling area covered by the local telephone
      directory; and
      (D) the supplier's business location is located in a county that
      is not contiguous to a county in the calling area covered by the
      local telephone directory.
   (16) The act of listing an alternate business name or assumed
   business name (as described in IC 23-0.5-3-4) in a directory
   assistance data base if:
      (A) the name misrepresents the supplier's geographic location;
      (B) calls to the local telephone number are routinely forwarded
      or otherwise transferred to a supplier's business location that
      is outside the local calling area; and
      (C) the supplier's business location is located in a county that
      is not contiguous to a county in the local calling area.
   (17) The violation by a supplier of IC 24-3-4 concerning
   cigarettes for import or export.
   (18) The act of a supplier in knowingly selling or reselling a
   product to a consumer if the product has been recalled, whether
   by the order of a court or a regulatory body, or voluntarily by the
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   manufacturer, distributor, or retailer, unless the product has been
   repaired or modified to correct the defect that was the subject of
   the recall.
   (19) The violation by a supplier of 47 U.S.C. 227, including any
   rules or regulations issued under 47 U.S.C. 227.
   (20) The violation by a supplier of the federal Fair Debt
   Collection Practices Act (15 U.S.C. 1692 et seq.), including any
   rules or regulations issued under the federal Fair Debt Collection
   Practices Act (15 U.S.C. 1692 et seq.).
   (21) A violation of IC 24-5-7 (concerning health spa services), as
   set forth in IC 24-5-7-17.
   (22) A violation of IC 24-5-8 (concerning business opportunity
   transactions), as set forth in IC 24-5-8-20.
   (23) A violation of IC 24-5-10 (concerning home consumer
   transactions), as set forth in IC 24-5-10-18.
   (24) A violation of IC 24-5-11 (concerning real property
   improvement contracts), as set forth in IC 24-5-11-14.
   (25) A violation of IC 24-5-12 (concerning telephone
   solicitations), as set forth in IC 24-5-12-23.
   (26) A violation of IC 24-5-13.5 (concerning buyback motor
   vehicles), as set forth in IC 24-5-13.5-14.
   (27) A violation of IC 24-5-14 (concerning automatic
   dialing-announcing devices), as set forth in IC 24-5-14-13.
   (28) A violation of IC 24-5-15 (concerning credit services
   organizations), as set forth in IC 24-5-15-11.
   (29) A violation of IC 24-5-16 (concerning unlawful motor
   vehicle subleasing), as set forth in IC 24-5-16-18.
   (30) A violation of IC 24-5-17 (concerning environmental
   marketing claims), as set forth in IC 24-5-17-14.
   (31) A violation of IC 24-5-19 (concerning deceptive commercial
   solicitation), as set forth in IC 24-5-19-11.
   (32) A violation of IC 24-5-21 (concerning prescription drug
   discount cards), as set forth in IC 24-5-21-7.
   (33) A violation of IC 24-5-23.5-7 (concerning real estate
   appraisals), as set forth in IC 24-5-23.5-9.
   (34) A violation of IC 24-5-26 (concerning identity theft), as set
   forth in IC 24-5-26-3.
   (35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
   as set forth in IC 24-5.5-6-1.
   (36) A violation of IC 24-8 (concerning promotional gifts and
   contests), as set forth in IC 24-8-6-3.
   (37) A violation of IC 21-18.5-6 (concerning representations
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       made by a postsecondary credit bearing proprietary educational
       institution), as set forth in IC 21-18.5-6-22.5.
       (38) A violation of IC 24-5-15.5 (concerning collection actions of
       a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
       (39) A violation of IC 24-14 (concerning towing services), as set
       forth in IC 24-14-10-1.
       (40) A violation of IC 24-5-14.5 (concerning misleading or
       inaccurate caller identification information), as set forth in
       IC 24-5-14.5-12.
       (41) A violation of IC 24-5-27 (concerning intrastate inmate
       calling services), as set forth in IC 24-5-27-27.
       (42) A violation of IC 15-21 (concerning sales of dogs by retail
       pet stores), as set forth in IC 15-21-7-4.
       (43) A violation of IC 24-4-23 (concerning the security of
       information collected and transmitted by an adult oriented website
       operator), as set forth in IC 24-4-23-14.
       (44) A violation of IC 24-16 (concerning social media
       providers), as set forth in IC 24-16-6-1.
    (c) Any representations on or within a product or its packaging or
in advertising or promotional materials which would constitute a
deceptive act shall be the deceptive act both of the supplier who places
such representation thereon or therein, or who authored such materials,
and such other suppliers who shall state orally or in writing that such
representation is true if such other supplier shall know or have reason
to know that such representation was false.
    (d) If a supplier shows by a preponderance of the evidence that an
act resulted from a bona fide error notwithstanding the maintenance of
procedures reasonably adopted to avoid the error, such act shall not be
deceptive within the meaning of this chapter.
    (e) It shall be a defense to any action brought under this chapter that
the representation constituting an alleged deceptive act was one made
in good faith by the supplier without knowledge of its falsity and in
reliance upon the oral or written representations of the manufacturer,
the person from whom the supplier acquired the product, any testing
organization, or any other person provided that the source thereof is
disclosed to the consumer.
    (f) For purposes of subsection (b)(12), a supplier that provides
estimates before performing repair or replacement work for a customer
shall give the customer a written estimate itemizing as closely as
possible the price for labor and parts necessary for the specific job
before commencing the work.
    (g) For purposes of subsection (b)(15) and (b)(16), a telephone
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company or other provider of a telephone directory or directory
assistance service or its officer or agent is immune from liability for
publishing the listing of an alternate business name or assumed
business name of a supplier in its directory or directory assistance data
base unless the telephone company or other provider of a telephone
directory or directory assistance service is the same person as the
supplier who has committed the deceptive act.
    (h) For purposes of subsection (b)(18), it is an affirmative defense
to any action brought under this chapter that the product has been
altered by a person other than the defendant to render the product
completely incapable of serving its original purpose.
    SECTION 14. IC 24-16 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2027]:
    ARTICLE 16. SOCIAL MEDIA PROVIDERS
    Chapter 1. Applicability
    Sec. 1. This article does not apply to an adolescent who is legally
emancipated.
    Chapter 2. Definitions
    Sec. 1. The definitions in this chapter apply throughout this
article.
    Sec. 2. "Adolescent" means an individual who is less than
sixteen (16) years of age.
    Sec. 3. "Daily active users" means the unique users in the
United States who:
      (1) used a particular online forum, website, or application at
      least eighty percent (80%) of the days during the previous
      twelve (12) months; or
      (2) if the online forum, website, or application did not exist
      during all of the previous twelve (12) months, used the
      particular online forum, website, or application at least eighty
      percent (80%) of the days during the previous month.
    Sec. 4. "Linked account", with respect to a user's account with
a social media provider, means another account with the social
media provider that the user has designated, through a means
provided by the social media provider, as an account:
      (1) from which the user wishes to receive content;
      (2) from which the user wishes the social media provider to
      include in recommendations for content provided to the user
      by the social media provider; or
      (3) with which the user wishes to associate the user's account.
    Sec. 5. (a) "Social media provider" means an online forum,
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website, or application that satisfies the following criteria:
    (1) Functions primarily to enable registered users to upload
    content, or access content uploaded or shared by other
    registered users, through the online forum, website, or
    application.
    (2) Has a user base in which ten percent (10%) or more of the
    daily active users who are less than sixteen (16) years of age
    spent an average of two (2) hours per day or longer on the
    online forum, website, or application when using the online
    forum, website, or application during:
        (A) the previous twelve (12) months; or
        (B) if the online forum, website, or application did not exist
        during all of the previous twelve (12) months, the previous
        month.
    (3) Employs algorithms that analyze user data or information
    on users to select content for users.
    (4) Has any of the following addictive features:
        (A) Continuously loading content, or content that loads as
        the user scrolls down the page without the need to open a
        separate page.
        (B) Seamless content, or the use of pages with no visible or
        apparent end or page breaks.
        (C) Display of personal interactive metrics that indicate
        the number of times other users have clicked a button to
        indicate their reaction to content or have shared or
        reposted the content.
        (D) Autoplay video or video that begins to play without the
        user first clicking on the video or on a play button for the
        video.
        (E) Live streaming or a function that allows a user or
        advertiser to broadcast live video content in real time.
    (5) Is owned or operated by a person that collectively with any
    parent, subsidiary, or affiliate of the person, generated at least
    one billion dollars ($1,000,000,000) in gross revenues,
    worldwide, in one (1) or more of the immediately preceding
    three (3) years.
  (b) The term does not include the following:
    (1) An online service, website, or application where the
    exclusive function provides registered users of the service only
    with the ability to send and receive electronic mail or direct
    messaging consisting of text, photographs, pictures, images, or
    videos shared only between the sender and the recipients,
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      without displaying or posting the material publicly or to
      others not identified as the recipient by the sender.
      (2) A device manufacturer or application store.
      (3) A communications service provider (as defined in
      IC 8-1-2.6-13(b)).
    Sec. 6. "Transactional data" means a sequence of information
that documents an exchange, agreement, or transfer between an
individual, commercial entity, or third party used for the purpose
of satisfying a request or event. The term includes records that
relate to a mortgage, education, or employment.
    Sec. 7. "Verifiable parental consent" means verifiable parental
consent as defined by 15 U.S.C. 6501(9) that is obtained in
conformance with 16 CFR 312.5.
    Chapter 3. Adolescent Use of Social Media
    Sec. 1. A social media provider that receives a request from an
Indiana resident for creation of an account with the social media
provider shall comply with the following:
      (1) The social media provider shall use commercially
      reasonable means, such as a neutral age screen mechanism, to
      determine the age and state of residence of the individual
      requesting creation of the account.
      (2) If the social media provider determines under subdivision
      (1) that the individual requesting creation of the account is an
      adolescent, the social media provider may create the account
      only if the social media provider receives verifiable parental
      consent to creation of the account from a parent or legal
      guardian of the adolescent.
    Sec. 2. (a) A social media provider shall configure the account
as described in subsection (c) of a registered user that the social
media provider knows or has reason to know is an:
      (1) adolescent; and
      (2) Indiana resident.
    (b) A social media provider may not allow an adolescent to
change or bypass an account configuration described in subsection
(c).
    (c) A social media provider shall configure the account of a
registered user described in subsection (a) such that the account
does not use or provide, and such that the account holder may not
activate or access, the following features or functionality of the
social media platform:
      (1) Functionality to receive direct communications other than
      direct communications from an account that the user has
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      designated as a linked account.
      (2) Functionality to appear in the results of a search
      conducted by a person through the social media provider's
      search utility unless the person holds an account that the user
      has designated as a linked account.
      (3) Dissemination of:
         (A) content;
         (B) recommendations for content; or
         (C) advertising;
      based on patterns of the adolescent's use of the social media
      provider.
      (4) Addictive features described under IC 24-16-2-5(a)(4).
    (d) The social media provider shall provide the adolescent's
parent or legal guardian who provides verifiable parental consent
to the creation of the account with the option to receive a separate
password for the account that allows the parent or legal guardian
to:
      (1) monitor the amount of time the adolescent spends using
      the social media platform;
      (2) set daily and weekly time limits on the adolescent's use of
      the social media platform;
      (3) set limits on the times of day during which the adolescent
      can access the social media platform; and
      (4) access the adolescent's account at any time.
    Chapter 4. Continuing Age Estimation
    Sec. 1. (a) Beginning January 1, 2027, not later than fourteen
(14) days after the first date on which an Indiana account holder
has spent at least twenty-five (25) hours in a single six (6) month
period using a social media provider's social media platform, the
social media provider shall:
      (1) make reasonable efforts; and
      (2) use reasonable means, taking into consideration the
      technology and data available to the social media provider;
to determine the age of the Indiana account holder.
    (b) Subject to subsection (d):
      (1) if a social media provider knows or has reason to know
      that an Indiana account holder is sixteen (16) years of age or
      older, the social media provider may consider the Indiana
      account holder to not be an adolescent for purposes of this
      article; and
      (2) if the social media provider knows or has reason to know
      that the Indiana account holder is not sixteen (16) years of age
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      or older, the social media provider shall consider the Indiana
      account holder to be an adolescent for purposes of this article.
    (c) Not later than fourteen (14) days after the first date on which
an Indiana account holder has spent at least fifty (50) hours in a
single six (6) month period using a social media provider's social
media platform, the social media provider shall determine the age
of the Indiana account holder as described under subsection (a) for
the purpose of verifying the social media provider's determination
of the Indiana account holder's age under subsection (a).
    (d) Subject to subsection (f):
      (1) if a social media provider knows or has reason to know
      that an Indiana account holder is sixteen (16) years of age or
      older, the social media provider may continue to consider the
      Indiana account holder to not be an adolescent for purposes
      of this article; and
      (2) if the social media provider knows or has reason to know
      that the Indiana account holder is not sixteen (16) years of age
      or older, the social media provider shall consider the Indiana
      account holder to be an adolescent for purposes of this article.
    (e) Subject to subsection (g), a social media provider shall
determine the age of an Indiana account holder with the social
media provider's social media platform as described under
subsection (a) for the purpose of verifying the social media
provider's most recent determination of the Indiana account
holder's age:
      (1) when the Indiana account holder has spent an additional
      one hundred (100) hours using the social media platform
      following the date on which the social media provider
      determines the Indiana account holder's age under subsection
      (c) and each time the Indiana account holder spends an
      additional one hundred (100) hours using the social media
      platform thereafter; and
      (2) each time the social media provider collects demographic
      information of any kind regarding the Indiana account
      holder.
    (f) Subject to subsection (g):
      (1) if a social media provider knows or has reason to know
      that an Indiana account holder is sixteen (16) years of age or
      older, the social media provider may continue to consider the
      Indiana account holder to not be an adolescent for purposes
      of this article; and
      (2) if the social media provider knows or has reason to know
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      that the Indiana account holder is not sixteen (16) years of age
      or older, the social media provider shall consider the Indiana
      account holder to be an adolescent for purposes of this article.
    (g) Once an Indiana account holder has held an account with a
social media provider's social media platform continuously for ten
(10) consecutive years, the social media provider may, for purposes
of the requirements to be met by a social media provider under this
article, consider the Indiana account holder to not be an adolescent
without determining the age of the Indiana account holder under
this section.
    Sec. 2. (a) This section applies if:
      (1) a social media provider:
          (A) determines under section 1 of this chapter; or
          (B) receives information based on which the social media
          provider knows or has reason to know;
      that an Indiana account holder is an adolescent; and
      (2) the social media provider did not receive verifiable
      parental consent under IC 24-16-3-1 for creation of the
      account.
    (b) Not later than seven (7) days after the first date on which
this section applies to the account of an Indiana account holder
under subsection (a), the social media provider shall transmit to
the Indiana account holder notice that the account is subject to
termination due to the account's noncompliance with this article.
The notice must include:
      (1) the requirement under this article with which the account
      is noncompliant;
      (2) notice that the Indiana account holder has thirty (30) days
      within which to dispute the social media provider's
      determination that the account is noncompliant; and
      (3) instructions regarding the means under subsection (c) by
      which the Indiana account holder may dispute the social
      media provider's determination that the account is
      noncompliant.
    (c) A social media provider that provides notice to an Indiana
account holder under subsection (b) shall allow the Indiana
account holder thirty (30) days after the transmission date of the
notice to dispute the social media provider's determination
through:
      (1) provision of verifiable parental consent from a parent or
      legal guardian of the Indiana account holder to the
      continuation of the account; or
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     (2) any commercially reasonable method that relies on public
     or private transactional data to verify the age of the account
     holder.
   (d) If, not later than thirty (30) days after the transmission date
of a notice transmitted to an Indiana account holder under
subsection (b):
     (1) a parent or legal guardian of the Indiana account holder
     provides the social media provider with verifiable parental
     consent to the continuation of the account under subsection
     (c)(1); or
     (2) the Indiana account holder completes an age estimation
     process under subsection (c)(2) that results in a determination
     by the social media provider that the Indiana account holder
     is not an adolescent;
the social media provider shall not terminate the account based on
the social media provider's determination under subsection
(a)(1)(A) or the information under subsection (a)(1)(B).
   (e) If, not later than thirty (30) days after the transmission date
of a notice transmitted to an Indiana account holder under
subsection (b):
     (1) a parent or legal guardian of the Indiana account holder
     does not provide the social media provider with verifiable
     parental consent to the continuation of the account under
     subsection (c)(1); or
     (2) the Indiana account holder does not complete an age
     estimation process under subsection (c)(2);
the social media provider shall terminate the account at the
conclusion of the thirty (30) day period.
   (f) If:
     (1) an Indiana account holder who receives a notice under
     subsection (b) completes an age estimation process under
     subsection (c)(2) not later than thirty (30) days after the
     transmission date of the notice; and
     (2) the age estimation results in a determination by the social
     media provider that the Indiana account holder is an
     adolescent;
the social media provider shall terminate the account not later than
seven (7) days after receiving the results of the age estimation.
   (g) A social media provider shall make a determination
regarding the results of an Indiana account holder's age estimation
under subsection (c)(2) not later than thirty (30) days after the date
on which the Indiana account holder completes the age estimation
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process.
   (h) A social media provider that receives verifiable parental
consent for the continuation of an account under this section shall
provide the parent or legal guardian with the option to receive a
separate password for the account as described under
IC 24-16-3-2(d).
   Chapter 5. Use and Retention of Information
   Sec. 1. A social media provider that receives information from
an individual for the purpose of the individual's provision of
verifiable parental consent to the social media provider:
     (1) may not use the information for any purpose other than
     registering the individual's provision of verifiable parental
     consent; and
     (2) shall, except as necessary to comply with any other
     applicable state or federal law or regulation, delete the
     information immediately after registering the individual's
     provision of verifiable parental consent.
   Chapter 6. Enforcement
   Sec. 1. An owner or operator of a social media provider that
violates this article commits a deceptive act that is actionable by
the attorney general under IC 24-5-0.5 and that is subject to the
penalties and remedies available to the attorney general under
IC 24-5-0.5.
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Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date:  Time:
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