IN
Indiana House Bill HB1059

Indiana 2022 Regular Session

Indiana House Bill HB1059 Compare Versions

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1-*HB1059.1*
2-January 11, 2022
1+
2+Introduced Version
33 HOUSE BILL No. 1059
44 _____
5-DIGEST OF HB 1059 (Updated January 11, 2022 8:58 am - DI 116)
6-Citations Affected: IC 10-16.
5+DIGEST OF INTRODUCED BILL
6+Citations Affected: IC 10-16-8; IC 14-19-3-4.
77 Synopsis: Indiana guard reserve. Provides that the Indiana guard
88 reserve (guard) is comprised of volunteer citizens. Provides that the
99 adjutant general (general) may adopt policies for the guard. Requires
1010 the general to establish certain structures, processes, and organizational
1111 controls for the guard. Repeals a provision concerning the guard
1212 serving outside Indiana. Repeals a provision regarding military forces
1313 in fresh pursuit. Repeals a provision regarding the oath of officers for
1414 guard members. Provides that, if called for voluntary service, the guard
1515 must follow the rules and procedures of the Indiana national guard and
1616 those set by the general. Amends a provision to specify that the general
1717 may obtain insurance for the guard under certain circumstances.
18-Repeals a provision regarding quarterly pay for the guard.
18+Repeals a provision regarding quarterly pay for the guard. Provides that
19+disabled veterans who are Indiana residents may receive an annual
20+Golden Hoosier Passport without a fee.
1921 Effective: July 1, 2022.
20-Bartels, May
22+Bartels
2123 January 4, 2022, read first time and referred to Committee on Veterans Affairs and Public
2224 Safety.
23-January 11, 2022, amended, reported — Do Pass.
24-HB 1059—LS 6428/DI 143 January 11, 2022
25+2022 IN 1059—LS 6428/DI 143 Introduced
2526 Second Regular Session of the 122nd General Assembly (2022)
2627 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2728 Constitution) is being amended, the text of the existing provision will appear in this style type,
2829 additions will appear in this style type, and deletions will appear in this style type.
2930 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3031 provision adopted), the text of the new provision will appear in this style type. Also, the
3132 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3233 a new provision to the Indiana Code or the Indiana Constitution.
3334 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3435 between statutes enacted by the 2021 Regular Session of the General Assembly.
3536 HOUSE BILL No. 1059
3637 A BILL FOR AN ACT to amend the Indiana Code concerning
3738 public safety.
3839 Be it enacted by the General Assembly of the State of Indiana:
3940 1 SECTION 1. IC 10-16-8-1 IS AMENDED TO READ AS
4041 2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) To supplement
4142 3 the Indiana national guard, the governor may organize and maintain
4243 4 within Indiana military forces the governor considers necessary to
4344 5 defend support Indiana if any part of the Indiana national guard is in
4445 6 active federal service or is engaged in state active duty.
4546 7 (b) The Indiana guard reserve shall be composed of officers,
4647 8 commissioned or assigned, and able bodied citizens who volunteer for
4748 9 service. supplemented, if necessary, by members of the militia enrolled
4849 10 by draft or otherwise as provided by law.
4950 11 (c) These forces:
5051 12 (1) are additional to and distinct from the Indiana national guard;
5152 13 and
5253 14 (2) shall be known as the Indiana guard reserve.
5354 15 The members of the Indiana guard reserve may be uniformed pursuant
5455 16 to regulation or policy established by the adjutant general.
5556 17 SECTION 2. IC 10-16-8-2 IS AMENDED TO READ AS
56-HB 1059—LS 6428/DI 143 2
57+2022 IN 1059—LS 6428/DI 143 2
5758 1 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) The governor
5859 2 adjutant general may adopt rules, policies, and regulations not
5960 3 inconsistent with this chapter governing the enlistment, organization,
6061 4 administration, equipment, maintenance, training, and discipline of
6162 5 members of the Indiana guard reserve. However, the rules and
6263 6 regulations must conform to applicable law governing and pertaining
6364 7 to the Indiana national guard and the rules and regulations adopted
6465 8 under those laws and under regulations as the Secretary of Defense of
6566 9 the United States may prescribe for the organization, standard of
6667 10 training, instruction, and discipline.
6768 11 (b) The adjutant general is designated as the commanding officer of
6869 12 the Indiana guard reserve, and the Indiana guard reserve shall
6970 13 operate in a similar fashion to other national guard units or
7071 14 directorates under the adjutant general's command. The
7172 15 administration of the Indiana guard reserve shall be in the state military
7273 16 department. adjutant general's office.
7374 17 (c) The adjutant general shall establish an appropriate internal
7475 18 structure and organization of the Indiana guard reserve that is
7576 19 consistent with the needs of the Indiana national guard and the size
7677 20 and capabilities of the Indiana guard reserve.
7778 21 (d) The adjutant general shall establish a process or procedure
7879 22 that provides for the promotion, demotion, and discipline of
7980 23 citizens who volunteer for the Indiana guard reserve. This process
8081 24 shall not be inconsistent with the process and procedure developed
8182 25 and used by the Indiana national guard for its members. However,
8283 26 volunteers with the Indiana guard reserve are not:
8384 27 (1) subject to military court-martial procedures under
8485 28 IC 10-16-9; or
8586 29 (2) covered by immunity protections under IC 10-16-7-7.
8687 30 (e) Volunteers with the Indiana guard reserve shall respond to
8788 31 calls for voluntary service as established by the Indiana national
8889 32 guard.
8990 33 (f) The Indiana guard reserve shall not be placed on state active
9091 34 duty under IC 10-16-7.
9192 35 (g) The adjutant general retains final command authority over
9293 36 the Indiana guard reserve. However, the adjutant general may
9394 37 delegate operational and administrative control of the Indiana
9495 38 guard reserve to subordinate directorates within the Indiana
9596 39 national guard or the adjutant general's office that the adjutant
9697 40 general deems necessary and prudent for efficient operations.
9798 41 (c) (h) Upon recommendation of the adjutant general, the
9899 42 governor may disband the Indiana guard reserve. at any time the
99-HB 1059—LS 6428/DI 143 3
100+2022 IN 1059—LS 6428/DI 143 3
100101 1 governor considers necessary and safe.
101102 2 SECTION 3. IC 10-16-8-4 IS AMENDED TO READ AS
102103 3 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) For the use of
103104 4 members of the Indiana guard reserve, the governor may requisition
104105 5 from the secretary of defense arms, ammunition, clothing, and
105106 6 equipment that the secretary of defense may issue.
106107 7 (b) (a) The governor state armory board shall make available the
107108 8 facilities of state armories and their equipment and other state premises
108109 9 and property as may be available.
109110 10 (c) (b) School authorities may allow the use of school buildings and
110111 11 school grounds by the Indiana guard reserve, on the terms and
111112 12 conditions set out by the adjutant general.
112113 13 SECTION 4. IC 10-16-8-5 IS REPEALED [EFFECTIVE JULY 1,
113114 14 2022]. Sec. 5. The Indiana guard reserve may not be required to serve
114115 15 outside Indiana except as follows:
115116 16 (1) Upon the request of the governor of another state, the
116117 17 governor of Indiana may order any part of or all the Indiana guard
117118 18 reserve to assist the military or police forces of another state who
118119 19 are engaged in defending the other state. The governor may recall
119120 20 these forces.
120121 21 (2) An organization, a unit, or a detachment of the Indiana guard
121122 22 reserve, upon order of the officer in immediate command of the
122123 23 guard reserve, may continue in fresh pursuit of insurrectionists,
123124 24 saboteurs, enemies, or enemy forces beyond the borders of
124125 25 Indiana into another state until the insurrectionists, saboteurs,
125126 26 enemies, or enemy forces are apprehended or captured by the
126127 27 organization, unit, or detachment or until the military or police
127128 28 forces of the other state or the forces of the United States have
128129 29 had a reasonable opportunity to take up the pursuit or to
129130 30 apprehend or capture the persons. The pursuit is not authorized
130131 31 unless the other state gives authority by law for the pursuit by
131132 32 forces of Indiana. Any persons who are apprehended or captured
132133 33 in another state by an organization, unit, or detachment of the
133134 34 forces of Indiana shall without unnecessary delay be surrendered
134135 35 to the military or police forces of the state in which they are taken
135136 36 or to the United States. The surrender of insurrectionists or
136137 37 saboteurs to the military or police forces of the other state does
137138 38 not constitute a waiver by Indiana of its right to extradite or
138139 39 prosecute the insurrectionists or saboteurs for any crime
139140 40 committed in Indiana.
140141 41 SECTION 5. IC 10-16-8-6 IS REPEALED [EFFECTIVE JULY 1,
141142 42 2022]. Sec. 6. (a) Military forces, organizations, units, or detachments
142-HB 1059—LS 6428/DI 143 4
143+2022 IN 1059—LS 6428/DI 143 4
143144 1 of another state that are in fresh pursuit of insurrectionists, saboteurs,
144145 2 enemies, or enemy forces may continue the pursuit into Indiana until
145146 3 the military or police forces of Indiana or the forces of the United
146147 4 States have had a reasonable opportunity to take up the pursuit or to
147148 5 apprehend or capture the insurrectionists, saboteurs, enemies, or enemy
148149 6 forces.
149150 7 (b) Military forces, organizations, units, or detachments of another
150151 8 state may arrest or capture insurrectionists, saboteurs, enemies, or
151152 9 enemy forces within Indiana while in fresh pursuit. A person who is
152153 10 captured or arrested by the military forces of the other state while in
153154 11 Indiana shall without unnecessary delay be surrendered to the military
154155 12 or police forces of Indiana to be dealt with according to law.
155156 13 (c) This section may not be construed to make unlawful any arrest
156157 14 in Indiana that would otherwise be lawful. This section does not repeal
157158 15 any provision of IC 35-33-3.
158159 16 SECTION 6. IC 10-16-8-7 IS AMENDED TO READ AS
159160 17 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. This chapter may not
160161 18 be construed to authorize the Indiana guard reserve or any part of the
161162 19 Indiana guard reserve to be called, ordered, or in any manner drafted
162163 20 into the military services of the United States. However, a person may
163164 21 not, by reason of the person's enlistment or commission voluntary
164165 22 service in the Indiana guard reserve, be exempted from United States
165166 23 military service required under any law of the United States.
166167 24 SECTION 7. IC 10-16-8-8 IS AMENDED TO READ AS
167168 25 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 8. A civil organization,
168169 26 a society, a club, a post, an order, a fraternity, an association, a
169170 27 brotherhood, a body, a union, a league, or any other combination of
170171 28 persons or civil groups may not be enlisted provide voluntary service
171172 29 in the Indiana guard reserve as an organization or unit.
172173 30 SECTION 8. IC 10-16-8-9 IS AMENDED TO READ AS
173174 31 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 9. A person may not be
174175 32 commissioned or enlisted in permitted to volunteer with the Indiana
175176 33 guard reserve if the person is not a citizen of the United States or if the
176177 34 person has been expelled or dishonorably discharged from any military
177178 35 or naval organization of this state, of another state, or of the United
178179 36 States.
179180 37 SECTION 9. IC 10-16-8-10 IS REPEALED [EFFECTIVE JULY 1,
180181 38 2022]. Sec. 10. The oath to be taken by officers commissioned in the
181182 39 Indiana guard reserve shall be substantially in the form prescribed for
182183 40 officers of the national guard, substituting the words "Indiana guard
183184 41 reserve" where necessary.
184185 42 SECTION 10. IC 10-16-8-11 IS AMENDED TO READ AS
185-HB 1059—LS 6428/DI 143 5
186+2022 IN 1059—LS 6428/DI 143 5
186187 1 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 11. A person may not
187188 2 be enlisted for more than make a commitment for volunteer service
188189 3 exceeding three (3) years. However, an enlistment a commitment may
189190 4 be renewed. The oath to be taken upon enlistment commitment to
190191 5 voluntary service in the Indiana guard reserve shall be substantially
191192 6 in the form prescribed for enlisted persons of the national guard,
192193 7 substituting the words "Indiana guard reserve" where necessary.
193194 8 SECTION 11. IC 10-16-8-12 IS AMENDED TO READ AS
194195 9 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 12. (a) If the Indiana
195196 10 guard reserve or any part of the Indiana guard reserve is ordered out for
196197 11 active service or armory drill:
197198 12 (1) the uniform code of military justice governing the Indiana
198199 13 national guard relating to courts-martial, their jurisdiction, and the
199200 14 limits of punishment; and
200201 15 (2) the rules and regulations prescribed under the uniform code of
201202 16 military justice;
202203 17 are in full force and effect as provided for in IC 10-16-9-1. requested
203204 18 to provide voluntary service, the members of the Indiana guard
204205 19 reserve shall follow the orders and guidance of the Indiana
205206 20 national guard's chain of command and the rules and regulations
206207 21 adopted by the adjutant general under section 2 of this chapter
207208 22 regarding the discipline of members of the Indiana guard reserve.
208209 23 (b) An officer or enlisted person of A volunteer responding to a
209210 24 call to voluntary service with the Indiana guard reserve may not be
210211 25 arrested on any warrant, except for treason or felony, while going to,
211212 26 remaining at, or returning from a place where ordered requested to
212213 27 attend for military duty. voluntary service with the state. An officer
213214 28 and enlisted person A volunteer of the Indiana guard reserve is, during
214215 29 the service in the Indiana guard reserve, exempt from service upon any
215216 30 posse comitatus.
216217 31 SECTION 12. IC 10-16-8-13 IS AMENDED TO READ AS
217218 32 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 13. The adjutant
218219 33 general of Indiana, with the approval of the governor and subject to
219220 34 the availability of funds, may procure a policy of group insurance for
220221 35 and covering members of the military forces of Indiana guard reserve
221222 36 covering and insuring against any injury received or had by members
222223 37 from any accident while on drill or active duty. actively providing
223224 38 voluntary service to the state.
224225 39 SECTION 13. IC 10-16-8-14 IS REPEALED [EFFECTIVE JULY
225226 40 1, 2022]. Sec. 14. (a) The members of the Indiana guard reserve
226227 41 provided for in this chapter shall receive pay quarterly for time spent
227228 42 in authorized drill and instruction to be paid from any appropriation
228-HB 1059—LS 6428/DI 143 6
229+2022 IN 1059—LS 6428/DI 143 6
229230 1 enacted for that purpose.
230231 2 (b) The adjutant general shall:
231232 3 (1) cause quarterly payrolls to be prepared and submitted; and
232233 4 (2) provide regulations for the processing of payrolls.
233234 5 (c) This section applies only to drill and instruction pay and does not
234235 6 apply to payroll for active duty.
235236 7 SECTION 14. IC 10-16-8-15 IS AMENDED TO READ AS
236237 8 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 15. (a) Adequate
237238 9 provisions shall be made to allow the enlistment and induction permit
238239 10 voluntary service of able bodied citizens of each and all racial and
239240 11 ethnic groups in Indiana into all branches and departments of the
240241 12 Indiana guard reserve organized to defend and enforce the laws of
241242 13 support the Indiana national guard. To that end, all racial groups in
242243 14 Indiana are entitled to that representation in each branch or department
243244 15 of the Indiana guard reserve in approximate proportion to the group or
244245 16 groups to the population of Indiana. However, this section or any other
245246 17 statute may not be construed so as to allow racial segregation.
246247 18 (b) Race, or color, religion, national origin, sex, or gender may
247248 19 not be a cause for excluding the or denying an individual's
248249 20 application to serve or the service of any person in any branch of
249250 21 service provided for in this chapter. for voluntary service in the
250251 22 Indiana guard reserves.
251-HB 1059—LS 6428/DI 143 7
252-COMMITTEE REPORT
253-Mr. Speaker: Your Committee on Veterans Affairs and Public
254-Safety, to which was referred House Bill 1059, has had the same under
255-consideration and begs leave to report the same back to the House with
256-the recommendation that said bill be amended as follows:
257-Page 6, delete lines 23 through 42.
258-Delete page 7.
259-and when so amended that said bill do pass.
260-(Reference is to HB 1059 as introduced.)
261-FRYE R
262-Committee Vote: yeas 10, nays 0.
263-HB 1059—LS 6428/DI 143
252+23 SECTION 15. IC 14-19-3-4, AS AMENDED BY P.L.257-2017,
253+24 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
254+25 JULY 1, 2022]: Sec. 4. (a) Upon application to the department, a
255+26 resident of Indiana:
256+27 (1) who:
257+28 (A) if born in 1933, 1934, 1935, 1936, or 1937, is at least sixty
258+29 (60) years of age; or
259+30 (B) if born before 1933 or after 1937, is at least sixty-five (65)
260+31 years of age;
261+32 (2) who is eligible for Social Security disability payments under
262+33 42 U.S.C. 423;
263+34 (3) who is eligible for a disabled Hoosier veteran license plate
264+35 under IC 9-18.5-5-1; or
265+36 (4) who is issued a prisoner of war license plate under
266+37 IC 9-18.5-4-1;
267+38 may purchase or is eligible to receive an annual Golden Hoosier
268+39 Passport.
269+40 (b) A Golden Hoosier Passport entitles:
270+41 (1) the resident;
271+42 (2) the resident's motor vehicle; and
272+2022 IN 1059—LS 6428/DI 143 7
273+1 (3) the resident's passengers;
274+2 to unlimited admission for one (1) calendar year to the Indiana state
275+3 parks, recreation areas, reservoirs, forests, historic sites, museums,
276+4 memorials, and other department properties for which admission is
277+5 charged during the year for which the passport was issued.
278+6 (c) Except as provided in subsection (d), the fee for an annual
279+7 Golden Hoosier Passport issued under this section is fifty percent
280+8 (50%) of the fee that the department charges a resident who is not
281+9 described in subsection (a)(1) or (a)(2) or (a)(3) for unlimited
282+10 admission for one (1) calendar year to the Indiana state parks,
283+11 recreation areas, reservoirs, forests, historic sites, museums, memorials,
284+12 and other department properties for which admission is charged.
285+13 (d) A fee may not be charged for an annual Golden Hoosier Passport
286+14 issued under this section to a resident described in subsection (a)(3) or
287+15 (a)(4).
288+2022 IN 1059—LS 6428/DI 143