Introduced Version
HOUSE BILL No. 1059
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 10-16-8; IC 14-19-3-4.
Synopsis: Indiana guard reserve. Provides that the Indiana guard
reserve (guard) is comprised of volunteer citizens. Provides that the
adjutant general (general) may adopt policies for the guard. Requires
the general to establish certain structures, processes, and organizational
controls for the guard. Repeals a provision concerning the guard
serving outside Indiana. Repeals a provision regarding military forces
in fresh pursuit. Repeals a provision regarding the oath of officers for
guard members. Provides that, if called for voluntary service, the guard
must follow the rules and procedures of the Indiana national guard and
those set by the general. Amends a provision to specify that the general
may obtain insurance for the guard under certain circumstances.
Repeals a provision regarding quarterly pay for the guard. Provides that
disabled veterans who are Indiana residents may receive an annual
Golden Hoosier Passport without a fee.
Effective: July 1, 2022.
Bartels
January 4, 2022, read first time and referred to Committee on Veterans Affairs and Public
Safety.
2022 IN 1059—LS 6428/DI 143 Introduced
Second Regular Session of the 122nd General Assembly (2022)
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 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1059
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 10-16-8-1 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) To supplement
3 the Indiana national guard, the governor may organize and maintain
4 within Indiana military forces the governor considers necessary to
5 defend support Indiana if any part of the Indiana national guard is in
6 active federal service or is engaged in state active duty.
7 (b) The Indiana guard reserve shall be composed of officers,
8 commissioned or assigned, and able bodied citizens who volunteer for
9 service. supplemented, if necessary, by members of the militia enrolled
10 by draft or otherwise as provided by law.
11 (c) These forces:
12 (1) are additional to and distinct from the Indiana national guard;
13 and
14 (2) shall be known as the Indiana guard reserve.
15 The members of the Indiana guard reserve may be uniformed pursuant
16 to regulation or policy established by the adjutant general.
17 SECTION 2. IC 10-16-8-2 IS AMENDED TO READ AS
2022 IN 1059—LS 6428/DI 143 2
1 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) The governor
2 adjutant general may adopt rules, policies, and regulations not
3 inconsistent with this chapter governing the enlistment, organization,
4 administration, equipment, maintenance, training, and discipline of
5 members of the Indiana guard reserve. However, the rules and
6 regulations must conform to applicable law governing and pertaining
7 to the Indiana national guard and the rules and regulations adopted
8 under those laws and under regulations as the Secretary of Defense of
9 the United States may prescribe for the organization, standard of
10 training, instruction, and discipline.
11 (b) The adjutant general is designated as the commanding officer of
12 the Indiana guard reserve, and the Indiana guard reserve shall
13 operate in a similar fashion to other national guard units or
14 directorates under the adjutant general's command. The
15 administration of the Indiana guard reserve shall be in the state military
16 department. adjutant general's office.
17 (c) The adjutant general shall establish an appropriate internal
18 structure and organization of the Indiana guard reserve that is
19 consistent with the needs of the Indiana national guard and the size
20 and capabilities of the Indiana guard reserve.
21 (d) The adjutant general shall establish a process or procedure
22 that provides for the promotion, demotion, and discipline of
23 citizens who volunteer for the Indiana guard reserve. This process
24 shall not be inconsistent with the process and procedure developed
25 and used by the Indiana national guard for its members. However,
26 volunteers with the Indiana guard reserve are not:
27 (1) subject to military court-martial procedures under
28 IC 10-16-9; or
29 (2) covered by immunity protections under IC 10-16-7-7.
30 (e) Volunteers with the Indiana guard reserve shall respond to
31 calls for voluntary service as established by the Indiana national
32 guard.
33 (f) The Indiana guard reserve shall not be placed on state active
34 duty under IC 10-16-7.
35 (g) The adjutant general retains final command authority over
36 the Indiana guard reserve. However, the adjutant general may
37 delegate operational and administrative control of the Indiana
38 guard reserve to subordinate directorates within the Indiana
39 national guard or the adjutant general's office that the adjutant
40 general deems necessary and prudent for efficient operations.
41 (c) (h) Upon recommendation of the adjutant general, the
42 governor may disband the Indiana guard reserve. at any time the
2022 IN 1059—LS 6428/DI 143 3
1 governor considers necessary and safe.
2 SECTION 3. IC 10-16-8-4 IS AMENDED TO READ AS
3 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) For the use of
4 members of the Indiana guard reserve, the governor may requisition
5 from the secretary of defense arms, ammunition, clothing, and
6 equipment that the secretary of defense may issue.
7 (b) (a) The governor state armory board shall make available the
8 facilities of state armories and their equipment and other state premises
9 and property as may be available.
10 (c) (b) School authorities may allow the use of school buildings and
11 school grounds by the Indiana guard reserve, on the terms and
12 conditions set out by the adjutant general.
13 SECTION 4. IC 10-16-8-5 IS REPEALED [EFFECTIVE JULY 1,
14 2022]. Sec. 5. The Indiana guard reserve may not be required to serve
15 outside Indiana except as follows:
16 (1) Upon the request of the governor of another state, the
17 governor of Indiana may order any part of or all the Indiana guard
18 reserve to assist the military or police forces of another state who
19 are engaged in defending the other state. The governor may recall
20 these forces.
21 (2) An organization, a unit, or a detachment of the Indiana guard
22 reserve, upon order of the officer in immediate command of the
23 guard reserve, may continue in fresh pursuit of insurrectionists,
24 saboteurs, enemies, or enemy forces beyond the borders of
25 Indiana into another state until the insurrectionists, saboteurs,
26 enemies, or enemy forces are apprehended or captured by the
27 organization, unit, or detachment or until the military or police
28 forces of the other state or the forces of the United States have
29 had a reasonable opportunity to take up the pursuit or to
30 apprehend or capture the persons. The pursuit is not authorized
31 unless the other state gives authority by law for the pursuit by
32 forces of Indiana. Any persons who are apprehended or captured
33 in another state by an organization, unit, or detachment of the
34 forces of Indiana shall without unnecessary delay be surrendered
35 to the military or police forces of the state in which they are taken
36 or to the United States. The surrender of insurrectionists or
37 saboteurs to the military or police forces of the other state does
38 not constitute a waiver by Indiana of its right to extradite or
39 prosecute the insurrectionists or saboteurs for any crime
40 committed in Indiana.
41 SECTION 5. IC 10-16-8-6 IS REPEALED [EFFECTIVE JULY 1,
42 2022]. Sec. 6. (a) Military forces, organizations, units, or detachments
2022 IN 1059—LS 6428/DI 143 4
1 of another state that are in fresh pursuit of insurrectionists, saboteurs,
2 enemies, or enemy forces may continue the pursuit into Indiana until
3 the military or police forces of Indiana or the forces of the United
4 States have had a reasonable opportunity to take up the pursuit or to
5 apprehend or capture the insurrectionists, saboteurs, enemies, or enemy
6 forces.
7 (b) Military forces, organizations, units, or detachments of another
8 state may arrest or capture insurrectionists, saboteurs, enemies, or
9 enemy forces within Indiana while in fresh pursuit. A person who is
10 captured or arrested by the military forces of the other state while in
11 Indiana shall without unnecessary delay be surrendered to the military
12 or police forces of Indiana to be dealt with according to law.
13 (c) This section may not be construed to make unlawful any arrest
14 in Indiana that would otherwise be lawful. This section does not repeal
15 any provision of IC 35-33-3.
16 SECTION 6. IC 10-16-8-7 IS AMENDED TO READ AS
17 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. This chapter may not
18 be construed to authorize the Indiana guard reserve or any part of the
19 Indiana guard reserve to be called, ordered, or in any manner drafted
20 into the military services of the United States. However, a person may
21 not, by reason of the person's enlistment or commission voluntary
22 service in the Indiana guard reserve, be exempted from United States
23 military service required under any law of the United States.
24 SECTION 7. IC 10-16-8-8 IS AMENDED TO READ AS
25 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 8. A civil organization,
26 a society, a club, a post, an order, a fraternity, an association, a
27 brotherhood, a body, a union, a league, or any other combination of
28 persons or civil groups may not be enlisted provide voluntary service
29 in the Indiana guard reserve as an organization or unit.
30 SECTION 8. IC 10-16-8-9 IS AMENDED TO READ AS
31 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 9. A person may not be
32 commissioned or enlisted in permitted to volunteer with the Indiana
33 guard reserve if the person is not a citizen of the United States or if the
34 person has been expelled or dishonorably discharged from any military
35 or naval organization of this state, of another state, or of the United
36 States.
37 SECTION 9. IC 10-16-8-10 IS REPEALED [EFFECTIVE JULY 1,
38 2022]. Sec. 10. The oath to be taken by officers commissioned in the
39 Indiana guard reserve shall be substantially in the form prescribed for
40 officers of the national guard, substituting the words "Indiana guard
41 reserve" where necessary.
42 SECTION 10. IC 10-16-8-11 IS AMENDED TO READ AS
2022 IN 1059—LS 6428/DI 143 5
1 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 11. A person may not
2 be enlisted for more than make a commitment for volunteer service
3 exceeding three (3) years. However, an enlistment a commitment may
4 be renewed. The oath to be taken upon enlistment commitment to
5 voluntary service in the Indiana guard reserve shall be substantially
6 in the form prescribed for enlisted persons of the national guard,
7 substituting the words "Indiana guard reserve" where necessary.
8 SECTION 11. IC 10-16-8-12 IS AMENDED TO READ AS
9 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 12. (a) If the Indiana
10 guard reserve or any part of the Indiana guard reserve is ordered out for
11 active service or armory drill:
12 (1) the uniform code of military justice governing the Indiana
13 national guard relating to courts-martial, their jurisdiction, and the
14 limits of punishment; and
15 (2) the rules and regulations prescribed under the uniform code of
16 military justice;
17 are in full force and effect as provided for in IC 10-16-9-1. requested
18 to provide voluntary service, the members of the Indiana guard
19 reserve shall follow the orders and guidance of the Indiana
20 national guard's chain of command and the rules and regulations
21 adopted by the adjutant general under section 2 of this chapter
22 regarding the discipline of members of the Indiana guard reserve.
23 (b) An officer or enlisted person of A volunteer responding to a
24 call to voluntary service with the Indiana guard reserve may not be
25 arrested on any warrant, except for treason or felony, while going to,
26 remaining at, or returning from a place where ordered requested to
27 attend for military duty. voluntary service with the state. An officer
28 and enlisted person A volunteer of the Indiana guard reserve is, during
29 the service in the Indiana guard reserve, exempt from service upon any
30 posse comitatus.
31 SECTION 12. IC 10-16-8-13 IS AMENDED TO READ AS
32 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 13. The adjutant
33 general of Indiana, with the approval of the governor and subject to
34 the availability of funds, may procure a policy of group insurance for
35 and covering members of the military forces of Indiana guard reserve
36 covering and insuring against any injury received or had by members
37 from any accident while on drill or active duty. actively providing
38 voluntary service to the state.
39 SECTION 13. IC 10-16-8-14 IS REPEALED [EFFECTIVE JULY
40 1, 2022]. Sec. 14. (a) The members of the Indiana guard reserve
41 provided for in this chapter shall receive pay quarterly for time spent
42 in authorized drill and instruction to be paid from any appropriation
2022 IN 1059—LS 6428/DI 143 6
1 enacted for that purpose.
2 (b) The adjutant general shall:
3 (1) cause quarterly payrolls to be prepared and submitted; and
4 (2) provide regulations for the processing of payrolls.
5 (c) This section applies only to drill and instruction pay and does not
6 apply to payroll for active duty.
7 SECTION 14. IC 10-16-8-15 IS AMENDED TO READ AS
8 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 15. (a) Adequate
9 provisions shall be made to allow the enlistment and induction permit
10 voluntary service of able bodied citizens of each and all racial and
11 ethnic groups in Indiana into all branches and departments of the
12 Indiana guard reserve organized to defend and enforce the laws of
13 support the Indiana national guard. To that end, all racial groups in
14 Indiana are entitled to that representation in each branch or department
15 of the Indiana guard reserve in approximate proportion to the group or
16 groups to the population of Indiana. However, this section or any other
17 statute may not be construed so as to allow racial segregation.
18 (b) Race, or color, religion, national origin, sex, or gender may
19 not be a cause for excluding the or denying an individual's
20 application to serve or the service of any person in any branch of
21 service provided for in this chapter. for voluntary service in the
22 Indiana guard reserves.
23 SECTION 15. IC 14-19-3-4, AS AMENDED BY P.L.257-2017,
24 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 4. (a) Upon application to the department, a
26 resident of Indiana:
27 (1) who:
28 (A) if born in 1933, 1934, 1935, 1936, or 1937, is at least sixty
29 (60) years of age; or
30 (B) if born before 1933 or after 1937, is at least sixty-five (65)
31 years of age;
32 (2) who is eligible for Social Security disability payments under
33 42 U.S.C. 423;
34 (3) who is eligible for a disabled Hoosier veteran license plate
35 under IC 9-18.5-5-1; or
36 (4) who is issued a prisoner of war license plate under
37 IC 9-18.5-4-1;
38 may purchase or is eligible to receive an annual Golden Hoosier
39 Passport.
40 (b) A Golden Hoosier Passport entitles:
41 (1) the resident;
42 (2) the resident's motor vehicle; and
2022 IN 1059—LS 6428/DI 143 7
1 (3) the resident's passengers;
2 to unlimited admission for one (1) calendar year to the Indiana state
3 parks, recreation areas, reservoirs, forests, historic sites, museums,
4 memorials, and other department properties for which admission is
5 charged during the year for which the passport was issued.
6 (c) Except as provided in subsection (d), the fee for an annual
7 Golden Hoosier Passport issued under this section is fifty percent
8 (50%) of the fee that the department charges a resident who is not
9 described in subsection (a)(1) or (a)(2) or (a)(3) for unlimited
10 admission for one (1) calendar year to the Indiana state parks,
11 recreation areas, reservoirs, forests, historic sites, museums, memorials,
12 and other department properties for which admission is charged.
13 (d) A fee may not be charged for an annual Golden Hoosier Passport
14 issued under this section to a resident described in subsection (a)(3) or
15 (a)(4).
2022 IN 1059—LS 6428/DI 143