Sec. 15.5. (a) The following definitions apply throughout this section:

(1) "Social media" means an Internet web page or any other form of electronic communication through which users create or use online communities to share information.

(2) "State funds" means funds derived, in whole or in part, from:

(A) appropriations made by the general assembly;

(B) money from the securities division enforcement account established by IC 23-19-6-1(f); or

(C) appropriations from the state general fund made under IC 23-19-6-1(f).

(b) Except as provided in subsection (c), a state officer may use state funds to create, develop, and post information on social media if the information relates to the official duties of the state officer. Notwithstanding section 15(e) of this chapter, information posted on social media may include the name and likeness of the state officer.

(c) A state officer may not use state funds to:

(1) post information on social media if the social media service provider requires payment for the posting, without approval from the budget committee established by IC 4-12-1-3, consistent with the requirements set forth in section 15(a)(2) of this section; or

(2) pay a nongovernmental entity to create, develop, or post information on social media;

if the post includes the name or likeness of the state officer. However, this subsection does not prohibit the state officer from using state funds to pay a nongovernmental entity that is not the social media service provider for ancillary or de minimis expenses incurred in posting information on social media, such as the costs of transmitting data by means of the Internet or a cellular telephone network to the social media service provider.

As added by P.L.108-2019, SEC.42.