Technology

Prohibits the bureau of motor vehicles (BMV) from selling the personal information of an individual who: (1) is less than 21 years of age; (2) is 65 years of age or older; or (3) opts out of the sale of the individual's personal information. Prohibits a person to which the BMV provides such information from selling or disclosing the information (sales prohibition). Requires the BMV to provide an easily understandable and easily accessible means by which an individual may opt out of the sale of the individual's personal information. Permits the state board of finance, upon approval by the governor, to transfer funds to the BMV to offset a shortfall in funding for the BMV that occurs in a state fiscal year beginning before July 1, 2028, as a result of the sales prohibition.

Requires a monthly listing of telephone numbers of Indiana consumers who request not to be solicited by telephone to be established, maintained, and published (current law requires a quarterly listing). Provides that certain actions may not be brought more than five years after the occurrence of the deceptive act (current law provides that the action may not be brought more than two years after the occurrence of the deceptive act). Makes conforming changes.

Provides that a social media provider that meets specified conditions (provider) may not create an account for an individual who is less than 14 years of age (minor) unless the provider receives verifiable parental consent to creation of the account from a parent of the minor. Requires a provider that creates an account for a minor to: (1) provide the minor's parent with the option of receiving a separate password that allows the parent to set limits on the minor's use of the account; and (2) configure the account in a specified manner, including by disabling access by the account holder to specified features and functionality of the social media platform. Requires a provider to: (1) periodically verify the age of each Indiana account holder; and (2) terminate an account if: (A) the provider determines that the Indiana account holder is a minor; and (B) the provider did not receive verifiable parental consent for the creation of the account; subject to a specified process by which an account holder may dispute the provider's determination. Requires a provider to: (1) provide a minor account holder and the minor's parent with a clearly explained, simple to use, and easily accessible means of terminating the minor's account; and (2) terminate the minor's account within a specified time after receiving a request for the account's termination. Provides requirements for a provider's use and retention of information provided to the provider for purposes of verifiable parental consent. Provides that a provider that creates or maintains an account for a minor in violation of these requirements is subject to a civil action by the minor or a parent of the minor, and specifies remedies available to a prevailing plaintiff in such an action. Provides that the attorney general may independently enforce these requirements under the attorney general's authority to enforce Indiana law regarding unfair trade practices.

Provides that the Indiana utility regulatory commission may not approve an increase in the rates and charges of an electric utility to the extent the increase is related solely to the electric utility's cost of providing electric utility service to: (1) a data center; or (2) a new or existing facility: (A) the electricity demand of which exceeds or will exceed a specified amount; and (B) that employs or will employ fewer than 50 full-time employees on the premises of the facility.

Establishes the digital alert pilot program (pilot program) administered by the department of homeland security (department) to provide grants to providers of fire, emergency medical, and law enforcement services for the use of digital alert technology to notify motorists regarding the location of providers' emergency vehicles. Establishes the digital alert pilot program grant fund. Requires the secretary of public safety and the executive director of the Indiana criminal justice institute to provide a plan to the department not later than September 1, 2026, for leveraging available federal funds to fund the pilot program.

Prohibits an employer from: (1) relying exclusively on an automated decision system in making an employment related decision with respect to a covered individual; (2) using an automated decision system output in making an employment related decision with respect to a covered individual unless certain conditions are met; and (3) discriminating or retaliating against a covered individual for exercising rights under these provisions. Sets forth disclosure requirements for an employer that uses or intends to use an automated decision system output in making an employment related decision. Allows the department of labor to take certain enforcement actions. Allows a covered individual or labor organization to bring a civil action for a violation.

Provides that if a Level 2 certified technology park (park): (1) has reached the limit of deposits for a Level 2 park; (2) maintains its certification; and (3) is located within a qualified military base enhancement area; the park shall become a Level 3 park upon reaching its Level 2 deposit limit. Provides that a Level 3 park may receive an additional annual incremental income tax deposit of up to $250,000.

Provides that a person who knowingly or intentionally violates the statute prohibiting use of a telecommunications device while operating a moving motor vehicle commits a Level 5 felony if the violation is the proximate cause of serious bodily injury to another person.

Prohibits the use of an artificial intelligence system to impersonate or act as a substitute for a licensed mental health professional. Requires the department of insurance to contract with an objective third party to verify that health carriers are in compliance with network adequacy standards. Sets forth notice requirements for an amendment to a health provider contract. Prohibits the use of downcoding in a specified manner. Requires an insurer and a health maintenance organization to reimburse providers of mental illness or substance abuse services at rates that are at least as favorable relative to Medicare rates as reimbursement rates are for providers of medical or surgical services relative to Medicare rates. Prohibits an insurer and a health maintenance organization from retroactively auditing a paid claim or seeking recoupment or a refund of a paid claim after a certain time frame. Sets forth a limitation on the amount that an insured or enrollee may be charged for receiving mental and behavioral care services from an out of network provider under certain circumstances.

Allows a public agency to establish and maintain an electronic portal for submission of public records requests that: (1) incorporates CAPTCHA or an equivalent mechanism for ensuring that a requestor is a human; (2) requires verification of a requestor's physical address; (3) indicates to the public agency whether the requestor is a resident of Indiana; and (4) automatically tracks and reports submissions suspected to be automated or to have originated from known sources of phishing or data scraping. Provides that a public agency may deny a public record request if the request: (1) is made by a person that is a party to pending or ongoing litigation; and (2) is duplicative of a discovery request made by the person in the pending or ongoing litigation. Provides that: (1) a public agency may decline to respond to a public records request if the public agency suspects: (A) the request to be data scraping or phishing activity; or (B) that responding to the request electronically may: (i) expose the public agency's electronic systems or data to unauthorized access or alteration; or (ii) otherwise jeopardize the security of the public agency's electronic systems or data; and (2) if the public agency declines to respond to the request, the public agency must report: (A) the request; and (B) the public agency's reason for declining to respond to the request; to the public access counselor. Allows a public agency to collect a supplemental fee for processing public records requests submitted by non-Indiana residents or out-of-state entities. Allows a public agency to give priority in fulfilling public records requests to: (1) Indiana residents; and (2) requests submitted for civic, journalistic, academic, or personal use. Requires public agencies to report to the public access counselor regarding public records requests suspected of being automated, data scraping activity, or phishing activity (suspect public records requests). Provides that the general assembly may establish reasonable and narrowly tailored procedural safeguards to preserve the integrity and availability of public agency resources. Requires the public access counselor to: (1) take specified actions with regard to identifying excessive and suspect public records requests; and (2) include in the public access counselor's annual report: (A) information regarding the volume and nature of public records requests received by public agencies, including information regarding suspect public records requests reported by public agencies; and (B) recommendations to the general assembly regarding statutory or administrative remedies to excessive and suspect public records requests.