Sen. Eric Koch

Defines "gift card". Makes various changes to statutes in the state's revised unclaimed property act concerning: (1) presumptions of abandonment; (2) reporting of unclaimed property; (3) delivery of property to the attorney general; (4) delivery of property from the attorney general to the presumed owner; (5) payment of gain realized or accrued on property; and (6) filing claims for property.

Authorizes the department of natural resources (department) to adopt emergency rules to carry out the duties of the department under the article of the Indiana Code concerning carbon dioxide. Requires the natural resources commission (commission) to adopt rules to implement the article of the Indiana Code concerning carbon dioxide. Provides that the rules adopted by the commission: (1) must include the provisions necessary for the department's discharge of the duties imposed upon the department under; and (2) may establish fees for the administration and implementation of; the article of the Indiana Code concerning carbon dioxide. Specifies that any fees established by the commission for the administration and implementation of the article: (1) are subject to review by the budget committee; and (2) may not be increased unless the budget committee reviews the increase.

Provides that an agency of the state or a political subdivision may not provide an individual with an application for an absentee ballot unless requested by the individual or a member of the individual's family. Provides that an absentee ballot application must request that the applicant include: (1) certain identification numbers; or (2) a photocopy of: (A) the applicant's Indiana driver's license, (B) the applicant's Indiana identification card number for nondrivers, or (C) other specified proof of identification. Provides that the application form must state that an applicant may include only one of the identification numbers or one of the documents, but the application may be delayed if the county election board cannot match at least one of the numbers with the voter's registration record. Allows an individual to provide, for purposes of accessing an absentee ballot application submitted in an electronic format: (1) the individual's Indiana identification card number for nondrivers; or (2) the unique identifying number assigned to the voter's registration record in the computerized list; as an alternative to the options available under current law. (Current law requires the provision of the individual's Indiana driver's license number or the last four digits of the individual's Social Security number.) Specifies that certain information and documentation is confidential. Specifies when a county voter registration office is required to redact particular confidential information. Requires a county election board to implement specified procedures if the county election board cannot match at least one of the numbers with the voter's registration record. Requires the bureau of motor vehicles (BMV) to provide particular information each day to the secretary of state (secretary) and the election division. Requires the secretary and the election division to provide specified information to each county voter registration office. Specifies that if certain information provided by the BMV is not a part of the voter's registration record, the county voter registration office shall update the voter's registration record to include this information. Requires a circuit court clerk or director of a board of elections and registration (clerk) to transmit certain information to an applicant who submits an application to receive an absentee ballot by mail if the application does not fully comply with particular laws. Specifies a process by which a clerk may: (1) deliver a second absentee ballot application; (2) approve a second absentee ballot application; and (3) provide an absentee ballot; to a voter who timely submits a defective application to receive an absentee ballot. Provides that a voter who receives an absentee ballot under certain provisions may return the voted ballot: (1) in person to the absentee voter board; or (2) to the county election board; before the deadline for receipt of absentee ballots. Requires uniform application if a clerk uses this provision. Makes conforming changes.

Provides that an adult criminal court has jurisdiction over a person at least 21 years of age who committed an offense as a child (an adult child offender), if the offense could have been waived to adult court, and provides that the juvenile court has jurisdiction over an adult child offender if the offense could not have been waived. Specifies that an adult child offender may be required to register as a sex offender in the same manner as a delinquent child, and permits a court to remove the obligation for an adult child offender and a delinquent child to register after the completion of sex offender treatment. Specifies when a child commits a delinquent act. Allows a court, in sentencing an adult child offender, to consider as a mitigating factor that the person was a child at the time the person committed the offense. Provides an additional opportunity for an adult child offender to obtain sentence modification. Permits a court to suspend a sentence imposed on an adult child offender, except for murder.

Establishes in the Indiana Code article concerning regulated businesses a new chapter governing third party food delivery services. Defines: (1) "covered establishment" as a: (A) restaurant; or (B) food service establishment; that offers, whether directly or through a third party food delivery service, the sale and same-day delivery or pick up of food and beverages to customers; and (2) "third party food delivery service" as a person that: (A) uses an online modality or platform to offer or arrange for the sale, and same-day delivery or pick up, of food and beverages prepared or provided by one or more covered establishments; and (B) provides these services either for consideration or for the purpose of obtaining customer data. Prohibits a third party food delivery service from providing any services related to facilitating, processing, or delivering an online order for a covered establishment unless the covered establishment expressly agrees to allow the third party food delivery service to provide those services. Provides that if a covered establishment cancels its contract with a third party food delivery service, the third party food delivery service shall, not later than the time specified in the contract or, if a time for compliance is not specified in the contract, not later than 72 hours after the covered establishment provides notice of cancellation: (1) comply with any terms and conditions for cancellation specified in the contract; and (2) unless otherwise specified in the contract: (A) remove all menus associated with the covered establishment from all online modalities or platforms of the third party food delivery service; and (B) cease to offer, arrange, or perform any activities related to the sale, and same-day delivery or pickup, of food and beverages prepared or provided by the covered establishment. Provides that if a third party food delivery service violates the bill's provisions with respect to a covered establishment, the covered establishment may bring an action against the third party food delivery service, in which: (1) the court may grant a temporary injunction enjoining the third party food delivery service from providing food delivery services with relation to the covered establishment during the pendency of the action; and (2) a covered establishment that prevails is entitled to: (A) actual damages; (B) temporary or permanent injunctive relief; (C) liquidated damages of not more than $50,000 per transaction; and (D) court costs and attorney's fees.

Provides that the department of homeland security (department) may establish the PFAS biomonitoring pilot program (pilot program) to collect and analyze blood samples of individuals who were previously, or are currently, firefighters: (1) for serum PFAS levels; and (2) to determine whether there may be corresponding health implications associated with elevated serum PFAS levels. Provides that the department may consult with the department of environmental management and the Indiana department of health regarding the pilot program. Provides that the department may, to the extent possible, test 1,000 firefighters. Allows the department to work with a third party to administer the pilot program and to store data collected under the pilot program. Requires the department to submit, not later than July 1, 2027, a report summarizing: (1) the results of the pilot program; and (2) recommendations of the department, the department of environmental management, and the Indiana department of health for decreasing serum PFAS levels and exposure to PFAS chemicals; to the governor and the legislative council. Establishes the PFAS biomonitoring pilot fund.

Amends the statute concerning the statute of limitations for actions for the recovery of the possession of real estate to provide that such an action that: (1) involves a line located and established by a professional surveyor; and (2) accrues before the lines are located and established by the surveyor; must be commenced before the expiration of the appeal period set forth in the statute governing county surveyors. Amends the provision concerning the establishment of property lines by means of a legal survey to specify that the lines established are binding on all affected landowners, including a landowner who claims title under a claim of adverse possession. Provides that certain information must be contained in a notice of survey sent to adjoining landowners, and that a legible copy of the plat of the legal survey must be enclosed with the notice. Specifies that both an in county and out of county resident that owns a property subject to a survey has 180 days to appeal the survey to the circuit, superior, or probate court.

Provides that the judge of a city or town court shall reside in: (1) the county in which the city or town court is located; or (2) the bordering Indiana county that is the closest Indiana county to the city or town in which the court is located. This proposed amendment has not been previously agreed to by a general assembly.

Provides that an offense other than murder or treason is not bailable if: (1) the proof is evident or the presumption strong; and (2) the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community.

Provides that a person arrested for certain crimes committed against a family or household member may not be released on bail for 24 hours. Provides that a charge of invasion of privacy is elevated to a Level 6 felony if the person has a prior unrelated criminal stalking conviction. Provides that certain crimes are considered a serious violent felony for the purposes of unlawful possession of a firearm by a serious violent felon.