Indiana Senate Bill SB0015 Engrossed / Bill

                    *ES0015.3*
Reprinted
March 1, 2024
ENGROSSED
SENATE BILL No. 15
_____
DIGEST OF SB 15 (Updated February 29, 2024 12:11 pm - DI 116)
Citations Affected:  IC 3-5; IC 5-9; IC 6-3; IC 9-13; IC 10-16;
IC 10-17; IC 10-18; IC 16-31; IC 16-33; IC 20-33; IC 20-38; IC 21-14;
IC 21-27; IC 22-2; IC 22-9; IC 23-14; IC 25-1; IC 25-36.1; IC 27-1;
IC 27-7; IC 29-3; IC 33-42; IC 35-42; IC 36-8.
Synopsis:  Military and veteran issues. Expands the eligibility
requirements for admission to the Indiana Veterans' Home. Adds a
definition of an "eligible person" for purposes of administering grants
for veteran services (GVS). Provides that a qualified entity may receive
a GVS to provide certain services to support an eligible person.
Updates references throughout the Indiana Code relating to the armed
forces of the United States or uniformed services to include the United
States Space Force. Makes technical changes to various references
(Continued next page)
Effective:  July 1, 2024; January 1, 2025.
Tomes, Glick, Young M, Niezgodski,
Doriot, Raatz, Vinzant, Buck,
Dernulc, Pol Jr., Randolph Lonnie M
(HOUSE SPONSORS — BARTELS, PACK, HOSTETTLER, HAMILTON)
January 8, 2024, read first time and referred to Committee on Veterans Affairs and The
Military.
January 16, 2024, reported favorably — Do Pass.
January 18, 2024, read second time, ordered engrossed. Engrossed.
January 22, 2024, read third time, passed. Yeas 46, nays 0.
HOUSE ACTION
February 6, 2024, read first time and referred to Committee on Veterans Affairs and Public
Safety.
February 19, 2024, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 127.
February 27, 2024, amended, reported — Do Pass.
February 29, 2024, read second time, amended, ordered engrossed.
ES 15—LS 6125/DI 153 Digest Continued
relating to the components of the armed forces of the United States.
Provides that the governing body of a school corporation, the organizer
of a charter school, or the chief administrative officer of a nonpublic
school system shall authorize the absence and excuse of each
secondary school student who is ordered to active duty with the armed
forces of the United States, including their reserve components or the
Indiana National Guard for at least 15 days in a school year. (Current
law provides that a governing body of a school corporation or the chief
administrative officer of a nonpublic school system shall authorize the
absence and excuse of each secondary school student who is ordered
to active duty with the Indiana National Guard for not more than 10
days in a school year.) Provides that certain disability ratings and
educational cost exemptions apply to an individual whose parent
enlisted in the armed forces after June 30, 2017 (instead of June 30,
2011). Requires that the Indiana department of labor consult with the
Indiana department of veterans' affairs to create and distribute a
veterans' benefits and services poster. Provides that the veterans'
benefits and services poster must contain certain information. Requires
that Indiana employers with more than 50 full-time employees (or their
equivalent) display the veterans' benefits and services poster in a
conspicuous place.
ES 15—LS 6125/DI 153ES 15—LS 6125/DI 153 Reprinted
March 1, 2024
Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 15
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-5-2-49.3, AS AMENDED BY P.L.227-2023,
2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 49.3. "Uniformed services" means any of the
4 following:
5 (1) The United States Army.
6 (2) The United States Navy.
7 (3) The United States Air Force.
8 (4) The United States Marine Corps.
9 (5) The United States Coast Guard.
10 (6) The United States Space Force.
11 (7) The commissioned corps of the Public Health Service.
12 (8) The commissioned corps of the National Oceanic and
13 Atmospheric Administration.
14 SECTION 2. IC 5-9-4-3 IS AMENDED TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2024]: Sec. 3. As used in this chapter, "armed
16 forces of the United States" means the active or reserve components of
17 the:
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1 (1) the United States Army;
2 (2) the United States Navy;
3 (3) the United States Air Force;
4 (4) the United States Coast Guard;
5 (5) the United States Marine Corps; or
6 (6) United States Space Force; or
7 (6) (7) the United States Merchant Marine.
8 SECTION 3. IC 6-3-2-4, AS AMENDED BY P.L.162-2019,
9 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2024]: Sec. 4. (a) Each taxable year, an individual, or the
11 individual's surviving spouse, is entitled to the following:
12 (1) An adjusted gross income tax deduction for the first five
13 thousand dollars ($5,000) of income, excluding adjusted gross
14 income described in subdivision (2), received during the taxable
15 year by the individual, or the individual's surviving spouse, for the
16 individual's service in an active or reserve component of the
17 armed forces of the United States, including the United States
18 Army, United States Navy, United States Air Force, United
19 States Space Force, United States Coast Guard, United States
20 Marine Corps, United States Merchant Marine, Indiana Army
21 National Guard, or Indiana Air National Guard.
22 (2) An adjusted gross income tax deduction for income from
23 retirement or survivor's benefits received during the taxable year
24 by the individual, or the individual's surviving spouse, for the
25 individual's service in an active or reserve component of the
26 armed forces of the United States, including the United States
27 Army, United States Navy, United States Air Force, United
28 States Space Force, United States Coast Guard, United States
29 Marine Corps, United States Merchant Marine, Indiana Army
30 National Guard, or Indiana Air National Guard. The amount of
31 the deduction is the lesser of:
32 (A) the benefits included in the adjusted gross income of the
33 individual or the individual's surviving spouse; or
34 (B) six thousand two hundred fifty dollars ($6,250) plus the
35 following:
36 (i) For taxable years beginning in 2019, twenty-five percent
37 (25%) of the amount of the benefits in excess of six
38 thousand two hundred fifty dollars ($6,250).
39 (ii) For taxable years beginning in 2020, fifty percent (50%)
40 of the amount of the benefits in excess of six thousand two
41 hundred fifty dollars ($6,250).
42 (iii) For taxable years beginning in 2021, seventy-five
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1 percent (75%) of the amount of the benefits in excess of six
2 thousand two hundred fifty dollars ($6,250).
3 (iv) For taxable years beginning after 2021, one hundred
4 percent (100%) of the amount of the benefits in excess of six
5 thousand two hundred fifty dollars ($6,250).
6 (b) An individual whose qualified military income is subtracted
7 from the individual's federal adjusted gross income under
8 IC 6-3-1-3.5(a)(18) for Indiana individual income tax purposes is not,
9 for that taxable year, entitled to a deduction under this section for the
10 same qualified military income that is deducted under
11 IC 6-3-1-3.5(a)(18).
12 SECTION 4. IC 9-13-2-5.3, AS ADDED BY P.L.198-2016,
13 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JANUARY 1, 2025]: Sec. 5.3. "Armed forces of the United States"
15 means the following:
16 (1) The United States Army.
17 (2) The United States Navy.
18 (3) The United States Air Force.
19 (4) The United States Marine Corps.
20 (5) The United States Space Force.
21 (5) (6) The United States Coast Guard.
22 SECTION 5. IC 10-16-6-9 IS AMENDED TO READ AS
23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. An enlisted person
24 who is discharged from service in the Indiana National Guard shall
25 receive a discharge in writing in the form and with the classification
26 prescribed by national guard regulations. In time of peace, a discharge
27 may be given before the expiration of an enlistment term in the
28 following cases:
29 (1) By sentence of a general court-martial.
30 (2) By direction of the governor on account of disability.
31 (3) On account of sentence of imprisonment by a civil court,
32 whether suspended or not.
33 (4) On account of a bona fide permanent change of residence to
34 another state.
35 (5) For the purpose of enlisting in the:
36 (A) United States Army;
37 (B) United States Air Force;
38 (C) United States Navy; or
39 (D) United States Marine Corps; or
40 (E) United States Space Force.
41 (6) For other causes prescribed by national guard regulations or
42 the commander in chief.
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1 However, an enlisted person who has not returned or accounted for all
2 of the public property for which the enlisted person is responsible may
3 not receive an honorable discharge.
4 SECTION 6. IC 10-16-20-2, AS AMENDED BY P.L.99-2016,
5 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2024]: Sec. 2. The following definitions apply throughout this
7 chapter:
8 (1) "Military service" means:
9 (A) in the case of a servicemember who is a member or
10 reserve member of the United States Army, United States
11 Navy, United States Air Force, United States Marine Corps,
12 United States Space Force, or United States Coast Guard,
13 full-time duty in the active military service, of the United
14 States, including:
15 (i) full-time training duty;
16 (ii) annual training duty; and
17 (iii) attendance while at a school designated as a service
18 school by federal law or by the secretary of the military
19 department concerned;
20 (B) in the case of a member or reserve member of the Indiana
21 National Guard, service under a call to active:
22 (i) service authorized by the President of the United States
23 or the Secretary of Defense for a period of more than thirty
24 (30) days in response to a national emergency declared by
25 the President of the United States; or
26 (ii) duty as defined by IC 10-16-7-23(a) for a period of more
27 than thirty (30) consecutive days;
28 (C) in the case of a servicemember who is a commissioned
29 officer of the Public Health Service or the National Oceanic
30 and Atmospheric Administration, active service;
31 (D) in the case of a member or reserve member of the national
32 guard of another state, service under an order by the governor
33 of that state to active duty for a period of more than thirty (30)
34 consecutive days; or
35 (E) any period during which a servicemember is absent from
36 duty on account of sickness, wounds, leave, or other lawful
37 cause.
38 (2) "Servicemember" means an individual engaged in military
39 service.
40 SECTION 7. IC 10-17-2-2, AS AMENDED BY P.L.42-2020,
41 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 2. A book providing for the recording of
ES 15—LS 6125/DI 153 5
1 discharges from the United States Army, United States Navy, or any
2 other branch of the service must consist of printed forms in blank,
3 similar to and in conformity with the wording of the forms of discharge
4 used by the United States government, the size of type being reduced
5 to permit the printing of the form of the discharge on one (1) page of
6 the record. Each book must be provided with an alphabetical index.
7 The standards imposed by this section apply to the preservation of
8 discharges in an electronic format under section 1(a)(2) of this chapter.
9 SECTION 8. IC 10-17-9-0.9 IS ADDED TO THE INDIANA CODE
10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
11 1, 2024]: Sec. 0.9. As used in this chapter, "uniformed services"
12 means the following:
13 (1) The United States Army.
14 (2) The United States Air Force.
15 (3) The United States Navy.
16 (4) The United States Marine Corps.
17 (5) The United States Space Force.
18 (6) The United States Coast Guard.
19 (7) The commissioned corps of the National Oceanic and
20 Atmospheric Administration.
21 (8) The commissioned corps of the Public Health Service.
22 SECTION 9. IC 10-17-9-7, AS AMENDED BY P.L.113-2010,
23 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2024]: Sec. 7. (a) As used in this section, "eligible person"
25 refers to either of the following:
26 (1) An honorably discharged member of the armed forces. A
27 member of the uniformed services who was discharged or
28 released from the uniformed services under conditions other
29 than dishonorable.
30 (2) The spouse or surviving spouse of an honorably discharged
31 member of the armed forces. a member of the uniformed
32 services who was discharged or released from the uniformed
33 services under conditions other than dishonorable.
34 (b) An eligible person who has a disability or is destitute is eligible
35 for admission to the home if:
36 (1) the eligible person has been a resident of Indiana for at least
37 one (1) year immediately preceding application for or establishes
38 residency in Indiana within six (6) months after admission to
39 the home; or
40 (2) in the case of an eligible person referred to in subsection
41 (a)(1), the eligible person was a resident of Indiana when the
42 eligible person enlisted in the armed forces. uniformed services.
ES 15—LS 6125/DI 153 6
1 (c) The Indiana department of veterans' affairs shall adopt rules
2 concerning admission to the home.
3 (d) In adopting rules governing the admission, maintenance, and
4 discharge of members of the home, the Indiana department of veterans'
5 affairs may establish a fund called the veterans' home comfort and
6 welfare fund. The director shall deposit all money collected from the
7 members for the cost of their care and maintenance in the fund. The
8 director shall expend this money in any manner that adds to the comfort
9 and welfare of the members of the institutions.
10 (e) A part of the veterans' home comfort and welfare fund may be
11 withdrawn and deposited in a special fund called the veterans' home
12 building fund. The veterans' home building fund shall be used for the
13 construction, maintenance, remodeling, or repair of buildings of the
14 home.
15 (f) Preference under this section may be given to a person who
16 served in an Indiana military organization. Except in cases where the
17 surviving spouse of a veteran marries another veteran, the benefits of
18 this chapter extend only to a surviving spouse and the spouse of a
19 veteran if the contract of marriage was entered into more than five (5)
20 years before the date of death of the veteran. Except as otherwise
21 provided by law, upon the death of a person in the home, money paid
22 to the person or due to the person from a bank, a trust company, a
23 corporation, or an individual becomes an asset of the person's estate
24 and shall be distributed in the manner prescribed by the probate law of
25 the state.
26 SECTION 10. IC 10-17-10-1 IS AMENDED TO READ AS
27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. If:
28 (1) a person:
29 (A) has served as a member of the armed forces of the United
30 States as a soldier, sailor, or marine in the army, air force, or
31 navy of the United States or as a member of the women's
32 components of the army, air force, or navy of the United
33 States, United States Army, United States Air Force, United
34 States Navy, United States Marine Corps, or United States
35 Space Force, is a resident of Indiana, and dies while a
36 member of the armed forces and before discharge from the
37 armed forces or after receiving an honorable discharge from
38 the armed forces; or
39 (B) is the spouse or surviving spouse of a person described in
40 clause (A) and is a resident of Indiana; and
41 (2) a claim is filed for a burial allowance:
42 (A) by an interested person with the board of commissioners
ES 15—LS 6125/DI 153 7
1 of the county of the residence of the deceased person; and
2 (B) stating the fact:
3 (i) of the service, death, and discharge if discharged from
4 service before death; and
5 (ii) that the body has been buried in a decent and respectable
6 manner in a cemetery or burial ground;
7 the board of commissioners shall hear and determine the claim like
8 other claims and, if the facts averred are found to be true, shall allow
9 the claim in an amount set by ordinance. However, the amount of the
10 allowance may not be more than one thousand dollars ($1,000).
11 SECTION 11. IC 10-17-11-10, AS AMENDED BY P.L.61-2023,
12 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2024]: Sec. 10. (a) A veteran who is eligible to be buried in
14 a national cemetery according to 38 U.S.C. 2402 is eligible to be buried
15 in the Indiana state veterans' cemetery established under this chapter.
16 (b) The spouse of a veteran who is eligible to be buried in a national
17 cemetery according to 38 U.S.C. 2402 is eligible to be buried in the
18 Indiana state veterans' cemetery established under this chapter.
19 (c) An individual who is a member of:
20 (1) a reserve component of the armed forces of the United States:
21 (A) who was discharged or released from service under
22 conditions other than dishonorable; or
23 (B) whose death occurs under conditions other than
24 dishonorable while a member of a reserve component of the
25 armed forces of the United States;
26 (2) the Indiana Army National Guard or the Indiana Air National
27 Guard:
28 (A) who was discharged or released from service under
29 conditions other than dishonorable; or
30 (B) whose death occurs under conditions other than
31 dishonorable while a member of the Indiana Army National
32 Guard or the Indiana Air National Guard; or
33 (3) the Reserve Officers' Training Corps of the United States
34 Army, United States Navy, or United States Air Force whose
35 death occurs under conditions other than dishonorable while a
36 member of the Reserve Officers' Training Corps of the United
37 States Army, United States Navy, or United States Air Force;
38 is eligible to be buried in the Indiana state veterans' cemetery
39 established by this chapter.
40 (d) The following relatives of an individual described in subsection
41 (c) are eligible to be buried in the Indiana state veterans' cemetery
42 established by this chapter:
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1 (1) A spouse.
2 (2) A minor child.
3 (3) An unmarried adult child.
4 SECTION 12. IC 10-17-12-2, AS AMENDED BY P.L.50-2009,
5 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2024]: Sec. 2. As used in this chapter, "armed forces" includes
7 the active or reserve components of the following:
8 (1) The United States Army.
9 (2) The United States Navy.
10 (3) The United States Marine Corps.
11 (4) The United States Air Force.
12 (5) The United States Space Force.
13 (5) (6) The United States Coast Guard.
14 SECTION 13. IC 10-17-13.5-1.5 IS ADDED TO THE INDIANA
15 CODE AS A NEW SECTION TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2024]: Sec. 1.5. As used in this chapter,
17 "eligible person" means an individual residing in Indiana who is:
18 (1) an immediate family member (as defined in IC 3-5-5-0.5)
19 of the veteran; or
20 (2) the primary caregiver of the veteran.
21 SECTION 14. IC 10-17-13.5-1.7 IS ADDED TO THE INDIANA
22 CODE AS A NEW SECTION TO READ AS FOLLOWS
23 [EFFECTIVE JULY 1, 2024]: Sec. 1.7. As used in this chapter,
24 "primary caregiver" means an individual who:
25 (1) is at least eighteen (18) years of age;
26 (2) is:
27 (A) the veteran's:
28 (i) spouse;
29 (ii) parent or stepparent;
30 (iii) son, daughter, stepson, or stepdaughter;
31 (iv) brother, sister, stepbrother, or stepsister;
32 (v) niece or nephew;
33 (vi) aunt or uncle;
34 (vii) daughter-in-law or son-in-law; or
35 (viii) grandparent; or
36 (B) currently residing with the veteran on a full-time basis;
37 and
38 (3) provides care for the veteran, including:
39 (A) personal care services;
40 (B) essential household services; or
41 (C) everyday basic care.
42 SECTION 15. IC 10-17-13.5-3, AS ADDED BY P.L.217-2017,
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1 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 3. As used in this chapter, "veteran" means an
3 individual residing in Indiana who:
4 (1) has served in any branch of the armed forces of the United
5 States or their reserves, in the national guard, or in the Indiana
6 National Guard; and
7 (2) has received a discharge from service under honorable
8 conditions. was discharged or released from service described
9 in subdivision (1) under conditions other than dishonorable.
10 SECTION 16. IC 10-17-13.5-4, AS AMENDED BY P.L.61-2023,
11 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 4. (a) The department may make grants to
13 qualified entities to be used for the purpose of providing services to
14 veterans or an eligible person, including the following:
15 (1) Programs focused on eliminating homelessness, preventing
16 near term homelessness, and providing safe and secure living
17 conditions.
18 (2) Assisting veterans or an eligible person in moving from
19 public housing assistance programs to:
20 (A) home ownership; or
21 (B) stable, long term rental status.
22 A grant under this chapter for the purpose specified in clause (B)
23 may include up to nine (9) months of rental assistance.
24 (3) Assisting veterans or an eligible person in finding and using
25 available federal and state resources.
26 (4) Providing therapeutic services.
27 (5) Providing job training and job search assistance.
28 (6) Preventing veteran suicide or suicide of an eligible person.
29 (b) The department may make grants to the provider chosen by the
30 Indiana department of health under section 6 of this chapter to be used
31 for the purpose of providing assistance to the provider to provide
32 diagnostic testing and hyperbaric oxygen treatment to veterans
33 receiving treatment under the pilot program established under section
34 6 of this chapter. However, a grant under this chapter may not be
35 awarded for the purposes specified in this subsection unless the Indiana
36 department of health has adopted the rules required by section 6(g) of
37 this chapter. In addition, a grant may not be awarded for the purposes
38 specified in this subsection after the expiration of the pilot program
39 established under section 6 of this chapter.
40 SECTION 17. IC 10-18-9-1, AS ADDED BY P.L.38-2008,
41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 1. As used in this chapter, "armed forces of the
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1 United States" means the:
2 (1) the United States Army;
3 (2) the United States Navy;
4 (3) the United States Air Force;
5 (4) United States Space Force;
6 (4) (5) the United States Coast Guard; and
7 (5) (6) the United States Marine Corps.
8 SECTION 18. IC 16-31-3-10, AS AMENDED BY P.L.139-2023,
9 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2024]: Sec. 10. (a) Except as provided in subsection (b), to
11 renew a certificate or license issued under this chapter upon expiration
12 of the certificate or license for any reason, a person must comply with
13 any continuing education requirements that have been established by
14 the commission and complete training meeting standards set forth in
15 section 2(1)(E) of this chapter. To renew a certificate or license issued
16 under this chapter after a revocation of the certificate or license, a
17 person must comply with all the requirements of this chapter that apply
18 to the original certification or licensure.
19 (b) A renewal of an emergency medical technician or advanced
20 emergency medical technician certificate or a paramedic license shall
21 be issued to an individual who meets the following conditions:
22 (1) While holding a valid certificate or license, enters the armed
23 forces of the United States, including the:
24 (A) the United States Army;
25 (B) the United States Navy;
26 (C) the United States Air Force;
27 (D) the United States Marines; or
28 (E) the United States Coast Guard; or
29 (F) United States Space Force;
30 but excluding the guard and reserve components of those forces.
31 (2) Is discharged from the armed forces of the United States
32 within forty-eight (48) months after the individual entered the
33 armed forces.
34 (3) Successfully completes, not more than nine (9) months after
35 the individual's discharge from the armed forces of the United
36 States, a refresher course approved by the commission.
37 (4) Applies for the certificate or license renewal not more than
38 one (1) year after the individual's discharge from the armed forces
39 of the United States.
40 (5) Passes the written and practical skills examinations.
41 (c) A renewal of an emergency medical technician or advanced
42 emergency medical technician certificate or a paramedic license must
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1 be issued to an individual who meets the following conditions:
2 (1) While holding a valid certificate or license, the individual is
3 called to active military duty as a member of the Indiana National
4 Guard or a reserve component of the armed forces of the United
5 States, including the:
6 (A) the United States Army;
7 (B) the United States Navy;
8 (C) the United States Air Force;
9 (D) the United States Marines; or
10 (E) the United States Coast Guard.
11 (2) The individual provides the emergency medical services
12 commission with a copy of the document from the armed forces
13 that called the individual to active duty.
14 (3) The individual applies for the certificate or license renewal
15 not more than one hundred twenty (120) days after the individual
16 leaves active duty.
17 SECTION 19. IC 16-33-4-1 IS AMENDED TO READ AS
18 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. As used in this
19 chapter, "armed forces of the United States" means the forces and
20 components of the:
21 (1) United States Army;
22 (2) United States Navy;
23 (3) United States Air Force;
24 (4) United States Marine Corps;
25 (5) United States Space Force; and
26 (6) United States Coast Guard.
27 SECTION 20. IC 20-33-2-17, AS ADDED BY P.L.1-2005,
28 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2024]: Sec. 17. The governing body of a school corporation,
30 the organizer of a charter school, or the chief administrative officer
31 of a nonpublic school system shall authorize the absence and excuse of
32 each secondary school student who is ordered to active duty with the
33 armed forces of the United States, including their reserve
34 components, or the Indiana National Guard for not more than ten (10)
35 at least fifteen (15) days in a school year. However, the governing
36 body of a school corporation, the organizer of a charter school, or
37 the chief administrative officer of a nonpubic school may authorize
38 additional excused absences for additional military training. For
39 verification, the student must submit to school authorities a copy of the
40 orders to active duty and a copy of the orders releasing the student from
41 active duty. A student excused from school attendance under this
42 section may not be recorded as being absent on any date for which the
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1 excuse is operative and may not be penalized by the school in any
2 manner.
3 SECTION 21. IC 20-38-3-2, AS ADDED BY P.L.21-2009,
4 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2024]: Sec. 2. ARTICLE II. DEFINITIONS
6 As used in this compact, unless the context clearly requires a
7 different construction:
8 A. "Active duty" means full-time duty status in the armed forces
9 of the United States or the National Guard and Reserve on active
10 duty orders under 10 U.S.C. 1209 and 10 U.S.C. 1211.
11 B. "Children of military families" means school aged children
12 who are enrolled in kindergarten through grade 12 and are
13 members of the household of an active duty member.
14 C. "Compact commissioner" means the voting representative of
15 each member state appointed under section 9 of this chapter.
16 D. "Deployment" means the period beginning one (1) month
17 before a service member departs from the member's home station
18 on military orders and ending six (6) months after the service
19 member returns to the member's home station.
20 E. "Educational records" means the official records, files, and data
21 that are directly related to a student and maintained by a school or
22 local education agency. The term includes general identifying
23 data, records of attendance and academic work completed,
24 records of achievement and results of evaluative tests, health data,
25 disciplinary status, test protocols, and individualized education
26 programs.
27 F. "Extracurricular activities" means voluntary activities
28 sponsored by a school, a local education agency, or an
29 organization approved by a local education agency. The term
30 includes preparation for and involvement in public performances,
31 contests, athletic competitions, demonstrations, displays, and club
32 activities.
33 G. "Interstate commission" refers to the interstate commission on
34 Educational Opportunity for Military Children created by Article
35 IX of this compact.
36 H. "Local education agency" means a public administrative
37 agency authorized by the state to control and direct kindergarten
38 through grade 12 public educational institutions.
39 I. "Member state" means a state that has enacted this compact.
40 J. "Military installation" means a base, a camp, a post, a station,
41 a yard, a center, a homeport facility for a ship, or any other
42 activity under the jurisdiction of the United States Department of
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1 Defense. The term includes a leased facility located within the
2 United States, the District of Columbia, the Commonwealth of
3 Puerto Rico, the United States Virgin Islands, Guam, American
4 Samoa, the Northern Marianas Mariana Islands, or any other
5 United States territory. The term does not include a facility used
6 primarily for civil works, rivers and harbors projects, or flood
7 control projects.
8 K. "Nonmember state" means a state that has not enacted this
9 compact.
10 L. "Receiving state" means the state to which a child of a military
11 family is sent, brought, or caused to be sent or brought.
12 M. "Rule" means a written statement by the interstate commission
13 adopted under Article XII of this compact that is of general
14 applicability, that implements, interprets, or prescribes a policy of
15 provision of the interstate compact, and that has the force and
16 effect of statutory law on a member state. The term includes the
17 amendment, repeal, or suspension of an existing rule.
18 N. "Sending state" means the state from which a child of a
19 military family is sent, brought, or caused to be sent or brought.
20 O. "State" means a state of the United States, the District of
21 Columbia, the Commonwealth of Puerto Rico, the United States
22 Virgin Islands, Guam, American Samoa, the Northern Marianas
23 Mariana Islands, or any other United States territory.
24 P. "Student" means a child of a military family for whom a local
25 education agency receives public funding and who is formally
26 enrolled in kindergarten through grade 12.
27 Q. "Transition" means the formal and physical process of
28 transferring a student between schools or the period during which
29 a student transfers from a school in the sending state to a school
30 in the receiving states.
31 R. "Uniformed services" means the United States Army, Navy,
32 Air Force, Marine Corps, Space Force, or Coast Guard. The term
33 includes the commission corp of the National Oceanic and
34 Atmospheric Administration and the Public Health Services.
35 S. "Veteran" means an individual who served in and was
36 discharged or released from the uniformed services under
37 conditions other than dishonorable.
38 SECTION 22. IC 21-14-1-2.7, AS ADDED BY P.L.144-2007,
39 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2024]: Sec. 2.7. For purposes of IC 21-14-9, "armed forces of
41 the United States" means the following:
42 (1) The United States Air Force.
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1 (2) The United States Army.
2 (3) The United States Coast Guard.
3 (4) The United States Marine Corps.
4 (5) The United States Navy.
5 (6) The United States Space Force.
6 SECTION 23. IC 21-14-4-2, AS AMENDED BY P.L.112-2019,
7 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2024]: Sec. 2. (a) Subject to this section and section 2.5 of this
9 chapter, an eligible applicant is entitled to enter, remain, and receive
10 instruction in a state educational institution upon the same conditions,
11 qualifications, and regulations prescribed for other applicants for
12 admission to or scholars in the state educational institutions, without
13 the payment of any educational costs for one hundred twenty-four (124)
14 semester credit hours in the state educational institution.
15 (b) The maximum amount that an eligible applicant is exempt from
16 paying for a semester hour is an amount equal to the cost of an
17 undergraduate semester credit hour at the state educational institution
18 in which the eligible applicant enrolls.
19 (c) Notwithstanding any other provision of this chapter or another
20 law, a change in the criteria for or the amount of an exemption awarded
21 under this chapter enacted in the 2011 2024 session of the general
22 assembly applies only to an individual who qualifies for an exemption
23 under this chapter because of a father or mother (or in the case of
24 section 1(a)(1) of this chapter, a related member) who enlisted or
25 otherwise initially served in the armed forces of the United States after
26 June 30, 2011. 2017.
27 SECTION 24. IC 21-14-4-2.5, AS AMENDED BY P.L.112-2019,
28 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2024]: Sec. 2.5. (a) This section applies to an individual who
30 qualifies as an eligible applicant under section 1(a)(3) of this chapter
31 because the individual's father or mother:
32 (1) enlisted or otherwise initially served in the armed forces of the
33 United States after June 30, 2011; 2017; and
34 (2) suffered a disability as determined by the United States
35 Department of Veterans Affairs.
36 (b) This section does not apply to an individual who:
37 (1) is an eligible applicant under section 1(a)(3) of this chapter;
38 and
39 (2) qualifies as an eligible applicant under section 1(a)(1) or
40 1(a)(2) of this chapter.
41 (c) Subject to subsection (d) and section 2(b) of this chapter, the
42 eligible applicant is entitled to a reduction in the educational costs that
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1 would otherwise apply as follows:
2 (1) If the individual's father or mother suffered a disability as
3 determined by the United States Department of Veterans Affairs
4 with a rating of eighty percent (80%) or more, the individual is
5 entitled to a one hundred percent (100%) reduction in education
6 costs.
7 (2) If the individual's father or mother suffered a disability as
8 determined by the United States Department of Veterans Affairs
9 with a rating of less than eighty percent (80%), the individual is
10 entitled to a reduction in education costs equal to the sum of:
11 (A) twenty percent (20%); plus
12 (B) the disability rating of the individual's father or mother.
13 (d) The latest disability rating determined by the United States
14 Department of Veterans Affairs for an individual's father or mother
15 shall be used to compute the percentage by which education costs are
16 reduced under this section. If the disability rating of the individual's
17 father or mother changes after the beginning of an academic semester,
18 quarter, or other period for which educational costs have been reduced
19 under this section, the change in disability rating shall be applied
20 beginning with the immediately following academic semester, quarter,
21 or other period.
22 SECTION 25. IC 21-27-2-1.5, AS ADDED BY P.L.22-2018,
23 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2024]: Sec. 1.5. (a) As used in this section, "academic term"
25 has the meaning set forth in IC 21-12-1-2.
26 (b) As used in this section, "active duty" has the meaning set forth
27 in IC 10-16-7-23(a).
28 (c) As used in this section, "armed forces" means the:
29 (1) United States Air Force;
30 (2) United States Army;
31 (3) United States Coast Guard;
32 (4) United States Marine Corps; and
33 (5) United States Navy; and
34 (6) United States Space Force.
35 (d) As used in this section, "qualified student" means a member of:
36 (1) the Indiana National Guard;
37 (2) the National Guard of a state contiguous to Indiana;
38 (3) a reserve component of the armed forces of the United States;
39 or
40 (4) the armed forces;
41 enrolled in a state educational institution.
42 (e) The board of trustees of a state educational institution shall allow
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1 a qualified student on active duty or called to active duty during an
2 academic term to exercise any of the following options:
3 (1) Reenroll in any course for which the qualified student had
4 remitted tuition but that the qualified student was not able to
5 complete due to active duty status. Course reenrollment shall be
6 offered to any qualified student:
7 (A) for a period not to exceed four (4) years after the date of
8 the qualified student's release from active duty; and
9 (B) without additional tuition, student fees, or related charges.
10 (2) Receive a refund for tuition and fees paid by the qualified
11 student for the academic term in which the qualified student was
12 called or ordered to active duty, or based on the qualified student's
13 active duty status.
14 (3) Receive a credit for a subsequent academic term in the amount
15 of the tuition and fees paid during the academic term for courses
16 that the qualified student did not complete due to active duty
17 status.
18 (f) If a qualified student has been fully reimbursed for tuition, fees,
19 and charges for a course that the qualified student did not complete due
20 to active duty status, the qualified student is not entitled to further
21 reimbursement under this section.
22 SECTION 26. IC 22-2-13-2, AS ADDED BY P.L.151-2007,
23 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2024]: Sec. 2. As used in this chapter, "armed forces of the
25 United States" means the active or reserve components of the:
26 (1) the United States Army;
27 (2) the United States Navy;
28 (3) the United States Air Force;
29 (4) the United States Coast Guard;
30 (5) the United States Marine Corps; or
31 (6) United States Space Force; or
32 (6) (7) the United States Merchant Marine.
33 SECTION 27. IC 22-2-19 IS ADDED TO THE INDIANA CODE
34 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]:
36 Chapter 19. Veterans' Benefits and Services Information
37 Sec. 1. (a) As used in this chapter, "department of labor" refers
38 to the department of labor created by IC 22-1-1-1.
39 (b) As used in this chapter, "department of veterans' affairs"
40 refers to the Indiana department of veterans' affairs established by
41 IC 10-17-1-2.
42 Sec. 2. The department of labor shall consult with the
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1 department of veterans' affairs to create and distribute to
2 employers described in section 4 of this chapter a veterans' benefits
3 and services poster.
4 Sec. 3. The poster described in section 2 of this chapter must
5 contain:
6 (1) information concerning benefits and services available to
7 veterans, including:
8 (A) substance abuse and mental health treatment;
9 (B) federal disability compensation;
10 (C) educational resources;
11 (D) employment and reemployment rights;
12 (E) tax credits, exemptions, and refunds;
13 (F) Indiana veteran driver's licenses and photo
14 identification cards;
15 (G) free or low cost legal assistance; and
16 (H) minority veteran resources; and
17 (2) contact information for the following:
18 (A) The United States Department of Veterans Affairs.
19 (B) The department of veterans' affairs.
20 (C) The Veterans Crisis Line.
21 Sec. 4. Every employer under the jurisdiction of the department
22 of labor with more than fifty (50) full-time employees (or their
23 equivalent) shall display the poster distributed under section 2 of
24 this chapter in a conspicuous place where employees are employed.
25 SECTION 28. IC 22-9-9-2, AS ADDED BY P.L.151-2007,
26 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2024]: Sec. 2. As used in this chapter, "armed forces of the
28 United States" means the active or reserve components of the:
29 (1) United States Army;
30 (2) United States Navy;
31 (3) United States Air Force;
32 (4) United States Coast Guard;
33 (5) United States Marine Corps; or
34 (6) United States Space Force; or
35 (6) (7) United States Merchant Marine.
36 SECTION 29. IC 23-14-73-1 IS AMENDED TO READ AS
37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. As used in this
38 chapter, "member of the armed forces" means an individual who served
39 on active duty in the:
40 (1) United States Army;
41 (2) United States Navy;
42 (3) United States Air Force;
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1 (4) United States Marine Corps;
2 (5) United States Space Force; or
3 (6) United States Coast Guard. of the United States.
4 SECTION 30. IC 25-1-12-3, AS AMENDED BY P.L.2-2005,
5 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2024]: Sec. 3. As used in this chapter, "armed forces of the
7 United States" means the active or reserve components of the:
8 (1) the United States Army;
9 (2) the United States Navy;
10 (3) the United States Air Force;
11 (4) the United States Coast Guard;
12 (5) the United States Marine Corps; or
13 (6) United States Space Force; or
14 (6) (7) the United States Merchant Marine.
15 SECTION 31. IC 25-36.1-2-5, AS ADDED BY P.L.97-2009,
16 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2024]: Sec. 5. (a) Except as provided in section 4 of this
18 chapter, an individual may not practice surgical technology in a health
19 care facility unless the individual meets one (1) of the following
20 requirements:
21 (1) Is certified under IC 25-36.1-1.
22 (2) Has completed a surgical technology program provided by the
23 United States Army, United States Navy, United States Air
24 Force, United States Marine Corps, United States Space Force,
25 or United States Coast Guard, or the commissioned corps of the
26 United States Public Health Service.
27 (3) Provides evidence to the health care facility that the individual
28 was employed to practice surgical technology in a health care
29 facility before July 1, 2009.
30 (4) Is performing duties related to the individual's employment by
31 the federal government.
32 (5) Is practicing surgical technology during the twelve (12) month
33 period immediately following the completion of a degree from an
34 accredited school of surgical technology.
35 (6) Has the appropriate abilities, as determined by the health care
36 facility.
37 (b) An individual who is:
38 (1) described in subsection (a)(1), (a)(2), or (a)(3); and
39 (2) practicing surgical technology in a health care facility;
40 annually shall complete fifteen (15) hours of continuing education
41 concerning surgical technology in order to continue practicing surgical
42 technology.
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1 (c) An individual who wants to practice surgical technology in a
2 health care facility is responsible for establishing to the satisfaction of
3 the health care facility that the individual has complied with this
4 section.
5 (d) An individual practicing surgical technology in a health care
6 facility is responsible for immediately notifying in writing the
7 governing body of the health care facility, or the governing body's
8 designee, of any changes in the individual's compliance with this
9 section.
10 (e) A health care facility shall maintain copies of any written
11 documentation provided by the individual to the health care facility
12 under subsection (c) or (d) to show compliance with this section.
13 (f) This chapter does not require a health care facility to permit an
14 individual described in subsection (a) to perform surgical technology
15 services at the health care facility.
16 SECTION 32. IC 27-1-22-26 IS AMENDED TO READ AS
17 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 26. (a) As used in this
18 section, "armed forces" means the following:
19 (1) The United States Army.
20 (2) The United States Navy.
21 (3) The United States Air Force.
22 (4) The United States Marine Corps.
23 (5) The United States Space Force.
24 (5) (6) The United States Coast Guard.
25 (b) This section applies only to an individual:
26 (1) who is applying for motor vehicle insurance; and
27 (2) who:
28 (A) is serving in one (1) of the armed forces; or
29 (B) has served in one (1) of the armed forces within six (6)
30 months before applying for motor vehicle insurance.
31 (c) As used in this section, "motor vehicle insurance" means any
32 type of insurance described in IC 27-1-5-1, Class 2(f).
33 (d) As used in this chapter, "rating plan" means the rating schedule
34 or rating plan of an insurer concerning premium rates for motor vehicle
35 insurance that has been filed with the commissioner and is in effect
36 under section 4 of this chapter.
37 (e) An insurer may not set the premium rate for a policy of motor
38 vehicle insurance for an individual described in subsection (b) at an
39 amount higher than the applicable rate set forth in the rating plan due
40 to the fact that the individual has not been covered by motor vehicle
41 insurance for a period of time.
42 (f) The violation of this section is an unfair and deceptive act or
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1 practice in the business of insurance under IC 27-4-1-4.
2 SECTION 33. IC 27-1-22-26.1, AS ADDED BY P.L.39-2005,
3 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 26.1. (a) As used in this section, "armed forces"
5 means the active and reserve components of the following:
6 (1) The United States Army.
7 (2) The United States Navy.
8 (3) The United States Air Force.
9 (4) The United States Marine Corps.
10 (5) The United States Space Force.
11 (5) (6) The United States Coast Guard.
12 (6) (7) The Indiana National Guard.
13 (b) As used in this section, "motor vehicle insurance" means any
14 type of insurance described in IC 27-1-5-1, Class 2(f).
15 (c) As used in this chapter, "rating plan" means the rating schedule
16 or rating plan of an insurer:
17 (1) concerning premium rates for motor vehicle insurance;
18 (2) that has been filed with the commissioner; and
19 (3) that is in effect under section 4 of this chapter.
20 (d) An insurer that issues or renews a policy of motor vehicle
21 insurance may not set the premium rate for a policy of motor vehicle
22 insurance that covers an individual who is serving in one (1) of the
23 armed forces at an amount higher than the applicable rate set forth in
24 the rating plan for a policy of motor vehicle insurance that covers an
25 individual who is not serving in one (1) of the armed forces.
26 (e) A violation of this section is an unfair and deceptive act or
27 practice in the business of insurance under IC 27-4-1-4.
28 SECTION 34. IC 27-7-14-1, AS ADDED BY P.L.146-2015,
29 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2024]: Sec. 1. As used in this chapter, "armed forces" means
31 the active and reserve components of the following:
32 (1) The United States Army.
33 (2) The United States Navy.
34 (3) The United States Air Force.
35 (4) The United States Marine Corps.
36 (5) The United States Space Force.
37 (5) (6) The United States Coast Guard.
38 (6) (7) The Indiana National Guard.
39 SECTION 35. IC 29-3-9-1, AS AMENDED BY P.L.50-2021,
40 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2024]: Sec. 1. (a) As used in this section, "department" means
42 the department of child services established by IC 31-25-1-1.
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1 (b) As used in this section and except as otherwise provided in this
2 section, "foster care" has the meaning set forth in IC 31-9-2-46.7.
3 (c) Except as provided in subsections (d) and (h), by a properly
4 executed power of attorney, a parent of a minor or a guardian (other
5 than a temporary guardian) of a protected person may delegate to
6 another person for:
7 (1) any period during which the care and custody of the minor or
8 protected person is entrusted to an institution furnishing care,
9 custody, education, or training; or
10 (2) a period not exceeding twelve (12) months;
11 any powers regarding health care, support, custody, or property of the
12 minor or protected person. A delegation described in this subsection is
13 effective immediately unless otherwise stated in the power of attorney.
14 (d) A parent of a minor or a guardian of a protected person may not
15 delegate under subsection (c) the power to:
16 (1) consent to the marriage or adoption of a protected person who
17 is a minor; or
18 (2) petition the court to request the authority to petition for
19 dissolution of marriage, legal separation, or annulment of
20 marriage on behalf of a protected person as provided under
21 section 12.2 of this chapter.
22 (e) Subject to IC 30-5-5-16, a person having a power of attorney
23 executed under subsection (c) has and shall exercise, for the period
24 during which the power is effective, all other authority of the parent or
25 guardian respecting the health care, support, custody, or property of the
26 minor or protected person except any authority expressly excluded in
27 the written instrument delegating the power. The parent or guardian
28 remains responsible for any act or omission of the person having the
29 power of attorney with respect to the affairs, property, and person of the
30 minor or protected person as though the power of attorney had never
31 been executed.
32 (f) A delegation of powers executed under subsection (c) does not,
33 as a result of the execution of the power of attorney, subject any of the
34 parties to any laws, rules, or regulations concerning the licensing or
35 regulation of foster family homes, child placing agencies, or child
36 caring institutions under IC 31-27.
37 (g) Any child who is the subject of a power of attorney executed
38 under subsection (c) is not considered to be placed in foster care. The
39 parties to a power of attorney executed under subsection (c), including
40 a child, a protected person, a parent or guardian of a child or protected
41 person, or an attorney-in-fact, are not, as a result of the execution of the
42 power of attorney, subject to any foster care requirements or foster care
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1 licensing regulations.
2 (h) A foster family home licensed under IC 31-27-4 may not provide
3 overnight or regular and continuous care and supervision to a child
4 who is the subject of a power of attorney executed under subsection (c)
5 while providing care to a child placed in the home by the department
6 or under a juvenile court order under a foster family home license.
7 Upon request, the department may grant an exception to this
8 subsection.
9 (i) A parent who:
10 (1) is a member in the:
11 (A) active or reserve component of the armed forces of the
12 United States, including the:
13 (i) United States Army;
14 (ii) United States Navy;
15 (iii) United States Air Force;
16 (iv) United States Space Force;
17 (v) United States Marine Corps;
18 (vi) National Guard; or
19 (vii) United States Coast Guard; or
20 (B) commissioned corps of the:
21 (i) National Oceanic and Atmospheric Administration; or
22 (ii) Public Health Service of the United States Department
23 of Health and Human Services;
24 detailed by proper authority for duty with the United States
25 Army or United States Navy; of the United States; or
26 (2) is required to:
27 (A) enter or serve in the active military service of the United
28 States under a call or order of the President of the United
29 States; or
30 (B) serve on state active duty;
31 may delegate the powers designated in subsection (c) for a period
32 longer than twelve (12) months if the parent is on active duty service.
33 However, the term of delegation may not exceed the term of active duty
34 service plus thirty (30) days. The power of attorney must indicate that
35 the parent is required to enter or serve in the active military service of
36 the United States and include the estimated beginning and ending dates
37 of the active duty service.
38 (j) Except as otherwise stated in the power of attorney delegating
39 powers under this section, a delegation of powers under this section
40 may be revoked at any time by a written instrument of revocation that:
41 (1) identifies the power of attorney revoked; and
42 (2) is signed by the:
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1 (A) parent of a minor; or
2 (B) guardian of a protected person;
3 who executed the power of attorney.
4 SECTION 36. IC 33-42-9-10, AS AMENDED BY
5 P.L.215-2018(ss), SECTION 14, IS AMENDED TO READ AS
6 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) A notarial act
7 performed under federal law shall be presumed valid and has the same
8 effect as a notarial act performed by a notarial officer of Indiana if the
9 notarial act performed under federal law is performed by:
10 (1) a judge, clerk, or deputy clerk of a court;
11 (2) an individual who is authorized to perform the notarial act
12 under federal law and is:
13 (A) presently serving in the armed forces of the United States;
14 or
15 (B) performing duties under the authority of the armed forces
16 of the United States;
17 (3) an individual designated as a notarial officer by the United
18 States Department of State for the purpose of performing notarial
19 acts overseas;
20 (4) a commissioned officer with the rank of:
21 (A) second lieutenant or higher in the active service of the:
22 (i) United States Army;
23 (ii) United States Marine Corps; or
24 (iii) United States Air Force; or
25 (iv) United States Space Force; or
26 (B) ensign or higher in the active service of the:
27 (i) United States Coast Guard; or
28 (ii) United States Navy; or
29 (5) any other individual authorized by federal law to perform the
30 notarial act.
31 (b) The signature and title of an individual acting under federal
32 authority while performing a notarial act are prima facie evidence of
33 the fact that:
34 (1) the signature is genuine; and
35 (2) the individual holds the designated title.
36 (c) The signature and title of a notarial officer described in
37 subsection (a)(1), (a)(2), or (a)(3) conclusively establish the authority
38 of the notarial officer to perform the notarial act.
39 SECTION 37. IC 35-42-4-7, AS AMENDED BY P.L.133-2023,
40 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2024]: Sec. 7. (a) As used in this section, "adoptive parent"
42 has the meaning set forth in IC 31-9-2-6.
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1 (b) As used in this section, "adoptive grandparent" means the parent
2 of an adoptive parent.
3 (c) As used in this section, "charter school" has the meaning set
4 forth in IC 20-18-2-2.5.
5 (d) As used in this section, "child care worker" means a person who:
6 (1) provides care, supervision, or instruction to a child within the
7 scope of the person's employment in a shelter care facility;
8 (2) is employed by a:
9 (A) school corporation;
10 (B) charter school;
11 (C) nonpublic school; or
12 (D) special education cooperative;
13 attended by a child who is the victim of a crime under this
14 chapter; or
15 (3) is:
16 (A) affiliated with a:
17 (i) school corporation;
18 (ii) charter school;
19 (iii) nonpublic school; or
20 (iv) special education cooperative;
21 attended by a child who is the victim of a crime under this
22 chapter, regardless of how or whether the person is
23 compensated;
24 (B) in a position of trust in relation to a child who attends the
25 school or cooperative;
26 (C) engaged in the provision of care or supervision to a child
27 who attends the school or cooperative; and
28 (D) at least four (4) years older than the child who is the
29 victim of a crime under this chapter.
30 The term does not include a student who attends the school or
31 cooperative.
32 (e) As used in this section, "coach" means a person who:
33 (1) provides care, supervision, or instruction to a child within the
34 scope of the person's employment in a youth sports organization;
35 (2) is employed by a youth sports organization attended by a child
36 who is the victim of a crime under this chapter; or
37 (3) is:
38 (A) affiliated with a youth sports organization attended by a
39 child who is the victim of a crime under this chapter,
40 regardless of how or whether the person is compensated;
41 (B) in a position of trust in relation to a child who participates
42 in the youth sports organization;
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1 (C) engaged in the provision of care or supervision to a child
2 who participates in the youth sports organization; and
3 (D) at least four (4) years older than the child who is the
4 victim of a crime under this chapter.
5 This term includes a coach who is nonteaching or a volunteer.
6 (f) As used in this section, "custodian" means any person who
7 resides with a child and is responsible for the child's welfare.
8 (g) As used in this section, "mental health professional" means:
9 (1) a mental health counselor licensed under IC 25-23.6-8.5;
10 (2) a psychologist; or
11 (3) a psychiatrist.
12 (h) As used in this section, "military recruiter" means a member of:
13 (1) the United States Air Force;
14 (2) the United States Army;
15 (3) the United States Coast Guard;
16 (4) the United States Marine Corps;
17 (5) the United States Navy;
18 (6) the United States Space Force;
19 (6) (7) any reserve components of the military forces listed in
20 subdivisions (1) through (5); or
21 (7) (8) the Indiana National Guard;
22 whose primary job function, classification, or specialty is recruiting
23 individuals to enlist with an entity listed in subdivisions (1) through
24 (7). (8).
25 (i) As used in this section, "nonpublic school" has the meaning set
26 forth in IC 20-18-2-12.
27 (j) For purposes of this section, a person has a "professional
28 relationship" with a child if:
29 (1) the person:
30 (A) has a license issued by the state or a political subdivision
31 on the basis of the person's training and experience that
32 authorizes the person to carry out a particular occupation; or
33 (B) is employed in a position in which counseling, supervising,
34 instructing, or recruiting children forms a significant part of
35 the employment; and
36 (2) the person has a relationship with a child that is based on the
37 person's employment or licensed status as described in
38 subdivision (1).
39 The term includes a relationship between a child and a mental health
40 professional or military recruiter. The term does not include a coworker
41 relationship between a child and a person described in subdivision
42 (1)(B).
ES 15—LS 6125/DI 153 26
1 (k) As used in this section, "school corporation" has the meaning set
2 forth in IC 20-18-2-16.
3 (l) As used in this section, "special education cooperative" has the
4 meaning set forth in IC 20-35-5-1.
5 (m) As used in this section, "stepparent" means an individual who
6 is married to a child's custodial or noncustodial parent and is not the
7 child's adoptive parent.
8 (n) As used in this section, "workplace supervisor" means an
9 individual who has authority over a child while the child is employed
10 at the child's place of employment. The term includes a person who is
11 responsible for determining the child's wages (including whether the
12 child will receive a raise) or who otherwise has the authority to take an
13 adverse employment action against the child.
14 (o) As used in this section, "youth sports organization" means an
15 athletic or recreational program that is organized for:
16 (1) competition against another team, club, or entity; or
17 (2) athletic instruction;
18 predominantly for children less than eighteen (18) years of age.
19 (p) If a person who:
20 (1) is at least eighteen (18) years of age; and
21 (2) is the:
22 (A) guardian, adoptive parent, adoptive grandparent,
23 custodian, or stepparent of;
24 (B) child care worker for; or
25 (C) coach of;
26 a child less than eighteen (18) years of age;
27 engages with the child in sexual intercourse, other sexual conduct (as
28 defined in IC 35-31.5-2-221.5), or any fondling or touching with the
29 intent to arouse or satisfy the sexual desires of either the child or the
30 adult, the person commits child seduction.
31 (q) A person who:
32 (1) has or had a professional relationship with a child less than
33 eighteen (18) years of age whom the person knows to be less than
34 eighteen (18) years of age;
35 (2) may exert undue influence on the child because of the person's
36 current or previous professional relationship with the child; and
37 (3) uses or exerts the person's professional relationship to engage
38 in sexual intercourse, other sexual conduct (as defined in
39 IC 35-31.5-2-221.5), or any fondling or touching with the child
40 with the intent to arouse or satisfy the sexual desires of the child
41 or the person;
42 commits child seduction.
ES 15—LS 6125/DI 153 27
1 (r) A law enforcement officer who:
2 (1) is at least four (4) years older than a child who is less than
3 eighteen (18) years of age;
4 (2) has contact with the child while acting within the scope of the
5 law enforcement officer's official duties with respect to the child;
6 and
7 (3) uses or exerts the law enforcement officer's professional
8 relationship with the child to engage with the child in:
9 (A) sexual intercourse;
10 (B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
11 or
12 (C) any fondling or touching with the child with the intent to
13 arouse or satisfy the sexual desires of the child or the law
14 enforcement officer;
15 commits child seduction.
16 (s) In determining whether a person used or exerted the person's
17 professional relationship with the child to engage in sexual intercourse,
18 other sexual conduct (as defined in IC 35-31.5-2-221.5), or any
19 fondling or touching with the intent to arouse or satisfy the sexual
20 desires of the child or the person under this section, the trier of fact
21 may consider one (1) or more of the following:
22 (1) The age difference between the person and the child.
23 (2) Whether the person was in a position of trust with respect to
24 the child.
25 (3) Whether the person's conduct with the child violated any
26 ethical obligations of the person's profession or occupation.
27 (4) The authority that the person had over the child.
28 (5) Whether the person exploited any particular vulnerability of
29 the child.
30 (6) Any other evidence relevant to the person's ability to exert
31 undue influence over the child.
32 (t) This subsection does not apply to a workplace supervisor who
33 had a dating relationship with the child before the child was employed
34 at the place of employment. A workplace supervisor who:
35 (1) is at least four (4) years older than a child who is less than
36 eighteen (18) years of age;
37 (2) supervises the child at the child's place of employment; and
38 (3) uses or exerts the workplace supervisor's supervisory
39 relationship with the child to engage with the child in:
40 (A) sexual intercourse;
41 (B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
42 or
ES 15—LS 6125/DI 153 28
1 (C) any fondling or touching with the child with the intent to
2 arouse or satisfy the sexual desires of the child or the
3 workplace supervisor;
4 commits child seduction.
5 (u) In determining whether a workplace supervisor used or exerted
6 the workplace supervisor's relationship with the child to engage in
7 sexual intercourse, other sexual conduct (as defined in
8 IC 35-31.5-2-221.5), or any fondling or touching with the intent to
9 arouse or satisfy the sexual desires of the child or the workplace
10 supervisor, the trier of fact may consider one (1) or more of the
11 following:
12 (1) The age difference between the workplace supervisor and the
13 child.
14 (2) Whether the workplace supervisor was in a position of trust
15 with respect to the child.
16 (3) Whether the workplace supervisor suggested to the child that
17 engaging or not engaging in sexual activity with the workplace
18 supervisor would or could affect the child at the child's place of
19 employment.
20 (4) The authority that the workplace supervisor had over the child.
21 (5) Whether the workplace supervisor exploited any particular
22 vulnerability of the child.
23 (6) Any other evidence relevant to the workplace supervisor's
24 ability to exert undue influence over the child.
25 (v) Child seduction under this section is:
26 (1) a Level 6 felony if the child is at least sixteen (16) years of age
27 but less than eighteen (18) years of age and the person or law
28 enforcement officer engaged in any fondling or touching with the
29 intent to arouse or satisfy the sexual desires of:
30 (A) the child; or
31 (B) the person or law enforcement officer;
32 (2) a Level 5 felony if the child is at least sixteen (16) years of age
33 but less than eighteen (18) years of age and the person or law
34 enforcement officer engaged in sexual intercourse or other sexual
35 conduct (as defined in IC 35-31.5-2-221.5) with the child;
36 (3) a Level 5 felony if the child is at least fourteen (14) years of
37 age but less than sixteen (16) years of age and the person or law
38 enforcement officer engaged in any fondling or touching with the
39 intent to arouse or satisfy the sexual desires of:
40 (A) the child; or
41 (B) the person or law enforcement officer;
42 (4) a Level 4 felony if the child is at least fourteen (14) years of
ES 15—LS 6125/DI 153 29
1 age but less than sixteen (16) years of age and the person or law
2 enforcement officer engaged in sexual intercourse or other sexual
3 conduct (as defined in IC 35-31.5-2-221.5) with the child;
4 (5) a Level 3 felony if the child is thirteen (13) years of age or
5 under and the person or law enforcement officer engaged in any
6 fondling or touching with the intent to arouse or satisfy the sexual
7 desires of:
8 (A) the child; or
9 (B) the person or law enforcement officer; and
10 (6) a Level 2 felony if the child is thirteen (13) years of age or
11 under and the person or law enforcement officer engaged in
12 sexual intercourse or other sexual conduct (as defined in
13 IC 35-31.5-2-221.5) with the child.
14 SECTION 38. IC 36-8-4.7-3, AS ADDED BY P.L.115-2016,
15 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2024]: Sec. 3. As used in this chapter, "armed forces" means
17 the active and reserve components of the following:
18 (1) The United States Army.
19 (2) The United States Navy.
20 (3) The United States Air Force.
21 (4) The United States Marine Corps.
22 (5) The United States Space Force.
23 (5) (6) The United States Coast Guard.
24 (6) (7) The Indiana National Guard.
ES 15—LS 6125/DI 153 30
COMMITTEE REPORT
Madam President: The Senate Committee on Veterans Affairs and
The Military, to which was referred Senate Bill No. 15, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS.
 (Reference is to SB 15 as introduced.)
           
TOMES, Chairperson
Committee Vote: Yeas 7, Nays 0
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Veterans Affairs and Public
Safety, to which was referred Senate Bill 15, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 21-14-4-2, AS AMENDED BY P.L.112-2019,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. (a) Subject to this section and section 2.5 of this
chapter, subsection (b), an eligible applicant is entitled to enter,
remain, and receive instruction in a state educational institution upon
the same conditions, qualifications, and regulations prescribed for other
applicants for admission to or scholars in the state educational
institutions, without the payment of any educational costs for one
hundred twenty-four (124) semester credit hours in the state
educational institution.
(b) The maximum amount that an eligible applicant is exempt from
paying for a semester hour is an amount equal to the cost of an
undergraduate semester credit hour at the state educational institution
in which the eligible applicant enrolls.
(c) Notwithstanding any other provision of this chapter or another
law, a change in the criteria for or the amount of an exemption awarded
under this chapter enacted in the 2011 session of the general assembly
applies only to an individual who qualifies for an exemption under this
chapter because of a father or mother (or in the case of section 1(a)(1)
of this chapter, a related member) who enlisted or otherwise initially
served in the armed forces of the United States after June 30, 2011.
ES 15—LS 6125/DI 153 31
SECTION 2. IC 21-14-4-2.5 IS REPEALED [EFFECTIVE JULY
1, 2024]. Sec. 2.5. (a) This section applies to an individual who
qualifies as an eligible applicant under section 1(a)(3) of this chapter
because the individual's father or mother:
(1) enlisted or otherwise initially served in the armed forces of the
United States after June 30, 2011; and
(2) suffered a disability as determined by the United States
Department of Veterans Affairs.
(b) This section does not apply to an individual who:
(1) is an eligible applicant under section 1(a)(3) of this chapter;
and
(2) qualifies as an eligible applicant under section 1(a)(1) or
1(a)(2) of this chapter.
(c) Subject to subsection (d) and section 2(b) of this chapter, the
eligible applicant is entitled to a reduction in the educational costs that
would otherwise apply as follows:
(1) If the individual's father or mother suffered a disability as
determined by the United States Department of Veterans Affairs
with a rating of eighty percent (80%) or more, the individual is
entitled to a one hundred percent (100%) reduction in education
costs.
(2) If the individual's father or mother suffered a disability as
determined by the United States Department of Veterans Affairs
with a rating of less than eighty percent (80%), the individual is
entitled to a reduction in education costs equal to the sum of:
(A) twenty percent (20%); plus
(B) the disability rating of the individual's father or mother.
(d) The latest disability rating determined by the United States
Department of Veterans Affairs for an individual's father or mother
shall be used to compute the percentage by which education costs are
reduced under this section. If the disability rating of the individual's
father or mother changes after the beginning of an academic semester,
quarter, or other period for which educational costs have been reduced
under this section, the change in disability rating shall be applied
beginning with the immediately following academic semester, quarter,
or other period.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 15 as printed January 17, 2024.)
ES 15—LS 6125/DI 153 32
BARTELS
Committee Vote: yeas 10, nays 0.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, to which was
referred Engrossed Senate Bill 15, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 1, delete lines 1 through 17, begin a new paragraph and insert:
"SECTION 1. IC 21-14-4-2, AS AMENDED BY P.L.112-2019,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. (a) Subject to this section and section 2.5 of this
chapter, an eligible applicant is entitled to enter, remain, and receive
instruction in a state educational institution upon the same conditions,
qualifications, and regulations prescribed for other applicants for
admission to or scholars in the state educational institutions, without
the payment of any educational costs for one hundred twenty-four (124)
semester credit hours in the state educational institution.
(b) The maximum amount that an eligible applicant is exempt from
paying for a semester hour is an amount equal to the cost of an
undergraduate semester credit hour at the state educational institution
in which the eligible applicant enrolls.
(c) Notwithstanding any other provision of this chapter or another
law, a change in the criteria for or the amount of an exemption awarded
under this chapter enacted in the 2011 2024 session of the general
assembly applies only to an individual who qualifies for an exemption
under this chapter because of a father or mother (or in the case of
section 1(a)(1) of this chapter, a related member) who enlisted or
otherwise initially served in the armed forces of the United States after
June 30, 2011. 2017.
SECTION 2. IC 21-14-4-2.5, AS AMENDED BY P.L.112-2019,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2.5. (a) This section applies to an individual who
qualifies as an eligible applicant under section 1(a)(3) of this chapter
because the individual's father or mother:
(1) enlisted or otherwise initially served in the armed forces of the
United States after June 30, 2011; 2017; and
(2) suffered a disability as determined by the United States
Department of Veterans Affairs.
ES 15—LS 6125/DI 153 33
(b) This section does not apply to an individual who:
(1) is an eligible applicant under section 1(a)(3) of this chapter;
and
(2) qualifies as an eligible applicant under section 1(a)(1) or
1(a)(2) of this chapter.
(c) Subject to subsection (d) and section 2(b) of this chapter, the
eligible applicant is entitled to a reduction in the educational costs that
would otherwise apply as follows:
(1) If the individual's father or mother suffered a disability as
determined by the United States Department of Veterans Affairs
with a rating of eighty percent (80%) or more, the individual is
entitled to a one hundred percent (100%) reduction in education
costs.
(2) If the individual's father or mother suffered a disability as
determined by the United States Department of Veterans Affairs
with a rating of less than eighty percent (80%), the individual is
entitled to a reduction in education costs equal to the sum of:
(A) twenty percent (20%); plus
(B) the disability rating of the individual's father or mother.
(d) The latest disability rating determined by the United States
Department of Veterans Affairs for an individual's father or mother
shall be used to compute the percentage by which education costs are
reduced under this section. If the disability rating of the individual's
father or mother changes after the beginning of an academic semester,
quarter, or other period for which educational costs have been reduced
under this section, the change in disability rating shall be applied
beginning with the immediately following academic semester, quarter,
or other period.".
Page 2, delete lines 1 through 40.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to ESB 15 as printed February 19, 2024.)
THOMPSON
Committee Vote: yeas 23, nays 0.
_____
HOUSE MOTION
Mr. Speaker: I move that Engrossed Senate Bill 15 be amended to
ES 15—LS 6125/DI 153 34
read as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 3-5-2-49.3, AS AMENDED BY P.L.227-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 49.3. "Uniformed services" means any of the
following:
(1) The United States Army.
(2) The United States Navy.
(3) The United States Air Force.
(4) The United States Marine Corps.
(5) The United States Coast Guard.
(6) The United States Space Force.
(7) The commissioned corps of the Public Health Service.
(8) The commissioned corps of the National Oceanic and
Atmospheric Administration.
SECTION 2. IC 5-9-4-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3. As used in this chapter, "armed
forces of the United States" means the active or reserve components of
the:
(1) the United States Army;
(2) the United States Navy;
(3) the United States Air Force;
(4) the United States Coast Guard;
(5) the United States Marine Corps; or
(6) United States Space Force; or
(6) (7) the United States Merchant Marine.
SECTION 3. IC 6-3-2-4, AS AMENDED BY P.L.162-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) Each taxable year, an individual, or the
individual's surviving spouse, is entitled to the following:
(1) An adjusted gross income tax deduction for the first five
thousand dollars ($5,000) of income, excluding adjusted gross
income described in subdivision (2), received during the taxable
year by the individual, or the individual's surviving spouse, for the
individual's service in an active or reserve component of the
armed forces of the United States, including the United States
Army, United States Navy, United States Air Force, United
States Space Force, United States Coast Guard, United States
Marine Corps, United States Merchant Marine, Indiana Army
National Guard, or Indiana Air National Guard.
(2) An adjusted gross income tax deduction for income from
ES 15—LS 6125/DI 153 35
retirement or survivor's benefits received during the taxable year
by the individual, or the individual's surviving spouse, for the
individual's service in an active or reserve component of the
armed forces of the United States, including the United States
Army, United States Navy, United States Air Force, United
States Space Force, United States Coast Guard, United States
Marine Corps, United States Merchant Marine, Indiana Army
National Guard, or Indiana Air National Guard. The amount of
the deduction is the lesser of:
(A) the benefits included in the adjusted gross income of the
individual or the individual's surviving spouse; or
(B) six thousand two hundred fifty dollars ($6,250) plus the
following:
(i) For taxable years beginning in 2019, twenty-five percent
(25%) of the amount of the benefits in excess of six
thousand two hundred fifty dollars ($6,250).
(ii) For taxable years beginning in 2020, fifty percent (50%)
of the amount of the benefits in excess of six thousand two
hundred fifty dollars ($6,250).
(iii) For taxable years beginning in 2021, seventy-five
percent (75%) of the amount of the benefits in excess of six
thousand two hundred fifty dollars ($6,250).
(iv) For taxable years beginning after 2021, one hundred
percent (100%) of the amount of the benefits in excess of six
thousand two hundred fifty dollars ($6,250).
(b) An individual whose qualified military income is subtracted
from the individual's federal adjusted gross income under
IC 6-3-1-3.5(a)(18) for Indiana individual income tax purposes is not,
for that taxable year, entitled to a deduction under this section for the
same qualified military income that is deducted under
IC 6-3-1-3.5(a)(18).
SECTION 4. IC 9-13-2-5.3, AS ADDED BY P.L.198-2016,
SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2025]: Sec. 5.3. "Armed forces of the United States"
means the following:
(1) The United States Army.
(2) The United States Navy.
(3) The United States Air Force.
(4) The United States Marine Corps.
(5) The United States Space Force.
(5) (6) The United States Coast Guard.
SECTION 5. IC 10-16-6-9 IS AMENDED TO READ AS
ES 15—LS 6125/DI 153 36
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. An enlisted person
who is discharged from service in the Indiana National Guard shall
receive a discharge in writing in the form and with the classification
prescribed by national guard regulations. In time of peace, a discharge
may be given before the expiration of an enlistment term in the
following cases:
(1) By sentence of a general court-martial.
(2) By direction of the governor on account of disability.
(3) On account of sentence of imprisonment by a civil court,
whether suspended or not.
(4) On account of a bona fide permanent change of residence to
another state.
(5) For the purpose of enlisting in the:
(A) United States Army;
(B) United States Air Force;
(C) United States Navy; or
(D) United States Marine Corps; or
(E) United States Space Force.
(6) For other causes prescribed by national guard regulations or
the commander in chief.
However, an enlisted person who has not returned or accounted for all
of the public property for which the enlisted person is responsible may
not receive an honorable discharge.
SECTION 6. IC 10-16-20-2, AS AMENDED BY P.L.99-2016,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. The following definitions apply throughout this
chapter:
(1) "Military service" means:
(A) in the case of a servicemember who is a member or
reserve member of the United States Army, United States
Navy, United States Air Force, United States Marine Corps,
United States Space Force, or United States Coast Guard,
full-time duty in the active military service, of the United
States, including:
(i) full-time training duty;
(ii) annual training duty; and
(iii) attendance while at a school designated as a service
school by federal law or by the secretary of the military
department concerned;
(B) in the case of a member or reserve member of the Indiana
National Guard, service under a call to active:
(i) service authorized by the President of the United States
ES 15—LS 6125/DI 153 37
or the Secretary of Defense for a period of more than thirty
(30) days in response to a national emergency declared by
the President of the United States; or
(ii) duty as defined by IC 10-16-7-23(a) for a period of more
than thirty (30) consecutive days;
(C) in the case of a servicemember who is a commissioned
officer of the Public Health Service or the National Oceanic
and Atmospheric Administration, active service;
(D) in the case of a member or reserve member of the national
guard of another state, service under an order by the governor
of that state to active duty for a period of more than thirty (30)
consecutive days; or
(E) any period during which a servicemember is absent from
duty on account of sickness, wounds, leave, or other lawful
cause.
(2) "Servicemember" means an individual engaged in military
service.
SECTION 7. IC 10-17-2-2, AS AMENDED BY P.L.42-2020,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. A book providing for the recording of
discharges from the United States Army, United States Navy, or any
other branch of the service must consist of printed forms in blank,
similar to and in conformity with the wording of the forms of discharge
used by the United States government, the size of type being reduced
to permit the printing of the form of the discharge on one (1) page of
the record. Each book must be provided with an alphabetical index.
The standards imposed by this section apply to the preservation of
discharges in an electronic format under section 1(a)(2) of this chapter.
SECTION 8. IC 10-17-9-0.9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 0.9. As used in this chapter, "uniformed services"
means the following:
(1) The United States Army.
(2) The United States Air Force.
(3) The United States Navy.
(4) The United States Marine Corps.
(5) The United States Space Force.
(6) The United States Coast Guard.
(7) The commissioned corps of the National Oceanic and
Atmospheric Administration.
(8) The commissioned corps of the Public Health Service.
SECTION 9. IC 10-17-9-7, AS AMENDED BY P.L.113-2010,
ES 15—LS 6125/DI 153 38
SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 7. (a) As used in this section, "eligible person"
refers to either of the following:
(1) An honorably discharged member of the armed forces. A
member of the uniformed services who was discharged or
released from the uniformed services under conditions other
than dishonorable.
(2) The spouse or surviving spouse of an honorably discharged
member of the armed forces. a member of the uniformed
services who was discharged or released from the uniformed
services under conditions other than dishonorable.
(b) An eligible person who has a disability or is destitute is eligible
for admission to the home if:
(1) the eligible person has been a resident of Indiana for at least
one (1) year immediately preceding application for or establishes
residency in Indiana within six (6) months after admission to
the home; or
(2) in the case of an eligible person referred to in subsection
(a)(1), the eligible person was a resident of Indiana when the
eligible person enlisted in the armed forces. uniformed services.
(c) The Indiana department of veterans' affairs shall adopt rules
concerning admission to the home.
(d) In adopting rules governing the admission, maintenance, and
discharge of members of the home, the Indiana department of veterans'
affairs may establish a fund called the veterans' home comfort and
welfare fund. The director shall deposit all money collected from the
members for the cost of their care and maintenance in the fund. The
director shall expend this money in any manner that adds to the comfort
and welfare of the members of the institutions.
(e) A part of the veterans' home comfort and welfare fund may be
withdrawn and deposited in a special fund called the veterans' home
building fund. The veterans' home building fund shall be used for the
construction, maintenance, remodeling, or repair of buildings of the
home.
(f) Preference under this section may be given to a person who
served in an Indiana military organization. Except in cases where the
surviving spouse of a veteran marries another veteran, the benefits of
this chapter extend only to a surviving spouse and the spouse of a
veteran if the contract of marriage was entered into more than five (5)
years before the date of death of the veteran. Except as otherwise
provided by law, upon the death of a person in the home, money paid
to the person or due to the person from a bank, a trust company, a
ES 15—LS 6125/DI 153 39
corporation, or an individual becomes an asset of the person's estate
and shall be distributed in the manner prescribed by the probate law of
the state.
SECTION 10. IC 10-17-10-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. If:
(1) a person:
(A) has served as a member of the armed forces of the United
States as a soldier, sailor, or marine in the army, air force, or
navy of the United States or as a member of the women's
components of the army, air force, or navy of the United
States, United States Army, United States Air Force, United
States Navy, United States Marine Corps, or United States
Space Force, is a resident of Indiana, and dies while a
member of the armed forces and before discharge from the
armed forces or after receiving an honorable discharge from
the armed forces; or
(B) is the spouse or surviving spouse of a person described in
clause (A) and is a resident of Indiana; and
(2) a claim is filed for a burial allowance:
(A) by an interested person with the board of commissioners
of the county of the residence of the deceased person; and
(B) stating the fact:
(i) of the service, death, and discharge if discharged from
service before death; and
(ii) that the body has been buried in a decent and respectable
manner in a cemetery or burial ground;
the board of commissioners shall hear and determine the claim like
other claims and, if the facts averred are found to be true, shall allow
the claim in an amount set by ordinance. However, the amount of the
allowance may not be more than one thousand dollars ($1,000).
SECTION 11. IC 10-17-11-10, AS AMENDED BY P.L.61-2023,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 10. (a) A veteran who is eligible to be buried in
a national cemetery according to 38 U.S.C. 2402 is eligible to be buried
in the Indiana state veterans' cemetery established under this chapter.
(b) The spouse of a veteran who is eligible to be buried in a national
cemetery according to 38 U.S.C. 2402 is eligible to be buried in the
Indiana state veterans' cemetery established under this chapter.
(c) An individual who is a member of:
(1) a reserve component of the armed forces of the United States:
(A) who was discharged or released from service under
conditions other than dishonorable; or
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(B) whose death occurs under conditions other than
dishonorable while a member of a reserve component of the
armed forces of the United States;
(2) the Indiana Army National Guard or the Indiana Air National
Guard:
(A) who was discharged or released from service under
conditions other than dishonorable; or
(B) whose death occurs under conditions other than
dishonorable while a member of the Indiana Army National
Guard or the Indiana Air National Guard; or
(3) the Reserve Officers' Training Corps of the United States
Army, United States Navy, or United States Air Force whose
death occurs under conditions other than dishonorable while a
member of the Reserve Officers' Training Corps of the United
States Army, United States Navy, or United States Air Force;
is eligible to be buried in the Indiana state veterans' cemetery
established by this chapter.
(d) The following relatives of an individual described in subsection
(c) are eligible to be buried in the Indiana state veterans' cemetery
established by this chapter:
(1) A spouse.
(2) A minor child.
(3) An unmarried adult child.
SECTION 12. IC 10-17-12-2, AS AMENDED BY P.L.50-2009,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. As used in this chapter, "armed forces" includes
the active or reserve components of the following:
(1) The United States Army.
(2) The United States Navy.
(3) The United States Marine Corps.
(4) The United States Air Force.
(5) The United States Space Force.
(5) (6) The United States Coast Guard.
SECTION 13. IC 10-17-13.5-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 1.5. As used in this chapter,
"eligible person" means an individual residing in Indiana who is:
(1) an immediate family member (as defined in IC 3-5-5-0.5)
of the veteran; or
(2) the primary caregiver of the veteran.
SECTION 14. IC 10-17-13.5-1.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2024]: Sec. 1.7. As used in this chapter,
"primary caregiver" means an individual who:
(1) is at least eighteen (18) years of age;
(2) is:
(A) the veteran's:
(i) spouse;
(ii) parent or stepparent;
(iii) son, daughter, stepson, or stepdaughter;
(iv) brother, sister, stepbrother, or stepsister;
(v) niece or nephew;
(vi) aunt or uncle;
(vii) daughter-in-law or son-in-law; or
(viii) grandparent; or
(B) currently residing with the veteran on a full-time basis;
and
(3) provides care for the veteran, including:
(A) personal care services;
(B) essential household services; or
(C) everyday basic care.
SECTION 15. IC 10-17-13.5-3, AS ADDED BY P.L.217-2017,
SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. As used in this chapter, "veteran" means an
individual residing in Indiana who:
(1) has served in any branch of the armed forces of the United
States or their reserves, in the national guard, or in the Indiana
National Guard; and
(2) has received a discharge from service under honorable
conditions. was discharged or released from service described
in subdivision (1) under conditions other than dishonorable.
SECTION 16. IC 10-17-13.5-4, AS AMENDED BY P.L.61-2023,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) The department may make grants to
qualified entities to be used for the purpose of providing services to
veterans or an eligible person, including the following:
(1) Programs focused on eliminating homelessness, preventing
near term homelessness, and providing safe and secure living
conditions.
(2) Assisting veterans or an eligible person in moving from
public housing assistance programs to:
(A) home ownership; or
(B) stable, long term rental status.
A grant under this chapter for the purpose specified in clause (B)
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may include up to nine (9) months of rental assistance.
(3) Assisting veterans or an eligible person in finding and using
available federal and state resources.
(4) Providing therapeutic services.
(5) Providing job training and job search assistance.
(6) Preventing veteran suicide or suicide of an eligible person.
(b) The department may make grants to the provider chosen by the
Indiana department of health under section 6 of this chapter to be used
for the purpose of providing assistance to the provider to provide
diagnostic testing and hyperbaric oxygen treatment to veterans
receiving treatment under the pilot program established under section
6 of this chapter. However, a grant under this chapter may not be
awarded for the purposes specified in this subsection unless the Indiana
department of health has adopted the rules required by section 6(g) of
this chapter. In addition, a grant may not be awarded for the purposes
specified in this subsection after the expiration of the pilot program
established under section 6 of this chapter.
SECTION 17. IC 10-18-9-1, AS ADDED BY P.L.38-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1. As used in this chapter, "armed forces of the
United States" means the:
(1) the United States Army;
(2) the United States Navy;
(3) the United States Air Force;
(4) United States Space Force;
(4) (5) the United States Coast Guard; and
(5) (6) the United States Marine Corps.
SECTION 18. IC 16-31-3-10, AS AMENDED BY P.L.139-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 10. (a) Except as provided in subsection (b), to
renew a certificate or license issued under this chapter upon expiration
of the certificate or license for any reason, a person must comply with
any continuing education requirements that have been established by
the commission and complete training meeting standards set forth in
section 2(1)(E) of this chapter. To renew a certificate or license issued
under this chapter after a revocation of the certificate or license, a
person must comply with all the requirements of this chapter that apply
to the original certification or licensure.
(b) A renewal of an emergency medical technician or advanced
emergency medical technician certificate or a paramedic license shall
be issued to an individual who meets the following conditions:
(1) While holding a valid certificate or license, enters the armed
ES 15—LS 6125/DI 153 43
forces of the United States, including the:
(A) the United States Army;
(B) the United States Navy;
(C) the United States Air Force;
(D) the United States Marines; or
(E) the United States Coast Guard; or
(F) United States Space Force;
but excluding the guard and reserve components of those forces.
(2) Is discharged from the armed forces of the United States
within forty-eight (48) months after the individual entered the
armed forces.
(3) Successfully completes, not more than nine (9) months after
the individual's discharge from the armed forces of the United
States, a refresher course approved by the commission.
(4) Applies for the certificate or license renewal not more than
one (1) year after the individual's discharge from the armed forces
of the United States.
(5) Passes the written and practical skills examinations.
(c) A renewal of an emergency medical technician or advanced
emergency medical technician certificate or a paramedic license must
be issued to an individual who meets the following conditions:
(1) While holding a valid certificate or license, the individual is
called to active military duty as a member of the Indiana National
Guard or a reserve component of the armed forces of the United
States, including the:
(A) the United States Army;
(B) the United States Navy;
(C) the United States Air Force;
(D) the United States Marines; or
(E) the United States Coast Guard.
(2) The individual provides the emergency medical services
commission with a copy of the document from the armed forces
that called the individual to active duty.
(3) The individual applies for the certificate or license renewal
not more than one hundred twenty (120) days after the individual
leaves active duty.
SECTION 19. IC 16-33-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. As used in this
chapter, "armed forces of the United States" means the forces and
components of the:
(1) United States Army;
(2) United States Navy;
ES 15—LS 6125/DI 153 44
(3) United States Air Force;
(4) United States Marine Corps;
(5) United States Space Force; and
(6) United States Coast Guard.
SECTION 20. IC 20-33-2-17, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 17. The governing body of a school corporation,
the organizer of a charter school, or the chief administrative officer
of a nonpublic school system shall authorize the absence and excuse of
each secondary school student who is ordered to active duty with the
armed forces of the United States, including their reserve
components, or the Indiana National Guard for not more than ten (10)
at least fifteen (15) days in a school year. However, the governing
body of a school corporation, the organizer of a charter school, or
the chief administrative officer of a nonpubic school may authorize
additional excused absences for additional military training. For
verification, the student must submit to school authorities a copy of the
orders to active duty and a copy of the orders releasing the student from
active duty. A student excused from school attendance under this
section may not be recorded as being absent on any date for which the
excuse is operative and may not be penalized by the school in any
manner.
SECTION 21. IC 20-38-3-2, AS ADDED BY P.L.21-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly requires a
different construction:
A. "Active duty" means full-time duty status in the armed forces
of the United States or the National Guard and Reserve on active
duty orders under 10 U.S.C. 1209 and 10 U.S.C. 1211.
B. "Children of military families" means school aged children
who are enrolled in kindergarten through grade 12 and are
members of the household of an active duty member.
C. "Compact commissioner" means the voting representative of
each member state appointed under section 9 of this chapter.
D. "Deployment" means the period beginning one (1) month
before a service member departs from the member's home station
on military orders and ending six (6) months after the service
member returns to the member's home station.
E. "Educational records" means the official records, files, and data
that are directly related to a student and maintained by a school or
local education agency. The term includes general identifying
ES 15—LS 6125/DI 153 45
data, records of attendance and academic work completed,
records of achievement and results of evaluative tests, health data,
disciplinary status, test protocols, and individualized education
programs.
F. "Extracurricular activities" means voluntary activities
sponsored by a school, a local education agency, or an
organization approved by a local education agency. The term
includes preparation for and involvement in public performances,
contests, athletic competitions, demonstrations, displays, and club
activities.
G. "Interstate commission" refers to the interstate commission on
Educational Opportunity for Military Children created by Article
IX of this compact.
H. "Local education agency" means a public administrative
agency authorized by the state to control and direct kindergarten
through grade 12 public educational institutions.
I. "Member state" means a state that has enacted this compact.
J. "Military installation" means a base, a camp, a post, a station,
a yard, a center, a homeport facility for a ship, or any other
activity under the jurisdiction of the United States Department of
Defense. The term includes a leased facility located within the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, the Northern Marianas Mariana Islands, or any other
United States territory. The term does not include a facility used
primarily for civil works, rivers and harbors projects, or flood
control projects.
K. "Nonmember state" means a state that has not enacted this
compact.
L. "Receiving state" means the state to which a child of a military
family is sent, brought, or caused to be sent or brought.
M. "Rule" means a written statement by the interstate commission
adopted under Article XII of this compact that is of general
applicability, that implements, interprets, or prescribes a policy of
provision of the interstate compact, and that has the force and
effect of statutory law on a member state. The term includes the
amendment, repeal, or suspension of an existing rule.
N. "Sending state" means the state from which a child of a
military family is sent, brought, or caused to be sent or brought.
O. "State" means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, the Northern Marianas
ES 15—LS 6125/DI 153 46
Mariana Islands, or any other United States territory.
P. "Student" means a child of a military family for whom a local
education agency receives public funding and who is formally
enrolled in kindergarten through grade 12.
Q. "Transition" means the formal and physical process of
transferring a student between schools or the period during which
a student transfers from a school in the sending state to a school
in the receiving states.
R. "Uniformed services" means the United States Army, Navy,
Air Force, Marine Corps, Space Force, or Coast Guard. The term
includes the commission corp of the National Oceanic and
Atmospheric Administration and the Public Health Services.
S. "Veteran" means an individual who served in and was
discharged or released from the uniformed services under
conditions other than dishonorable.
SECTION 22. IC 21-14-1-2.7, AS ADDED BY P.L.144-2007,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2.7. For purposes of IC 21-14-9, "armed forces of
the United States" means the following:
(1) The United States Air Force.
(2) The United States Army.
(3) The United States Coast Guard.
(4) The United States Marine Corps.
(5) The United States Navy.
(6) The United States Space Force.".
Page 2, between lines 41 and 42, begin a new paragraph and insert:
"SECTION 26. IC 21-27-2-1.5, AS ADDED BY P.L.22-2018,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1.5. (a) As used in this section, "academic term"
has the meaning set forth in IC 21-12-1-2.
(b) As used in this section, "active duty" has the meaning set forth
in IC 10-16-7-23(a).
(c) As used in this section, "armed forces" means the:
(1) United States Air Force;
(2) United States Army;
(3) United States Coast Guard;
(4) United States Marine Corps; and
(5) United States Navy; and
(6) United States Space Force.
(d) As used in this section, "qualified student" means a member of:
(1) the Indiana National Guard;
(2) the National Guard of a state contiguous to Indiana;
ES 15—LS 6125/DI 153 47
(3) a reserve component of the armed forces of the United States;
or
(4) the armed forces;
enrolled in a state educational institution.
(e) The board of trustees of a state educational institution shall allow
a qualified student on active duty or called to active duty during an
academic term to exercise any of the following options:
(1) Reenroll in any course for which the qualified student had
remitted tuition but that the qualified student was not able to
complete due to active duty status. Course reenrollment shall be
offered to any qualified student:
(A) for a period not to exceed four (4) years after the date of
the qualified student's release from active duty; and
(B) without additional tuition, student fees, or related charges.
(2) Receive a refund for tuition and fees paid by the qualified
student for the academic term in which the qualified student was
called or ordered to active duty, or based on the qualified student's
active duty status.
(3) Receive a credit for a subsequent academic term in the amount
of the tuition and fees paid during the academic term for courses
that the qualified student did not complete due to active duty
status.
(f) If a qualified student has been fully reimbursed for tuition, fees,
and charges for a course that the qualified student did not complete due
to active duty status, the qualified student is not entitled to further
reimbursement under this section.
SECTION 27. IC 22-2-13-2, AS ADDED BY P.L.151-2007,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. As used in this chapter, "armed forces of the
United States" means the active or reserve components of the:
(1) the United States Army;
(2) the United States Navy;
(3) the United States Air Force;
(4) the United States Coast Guard;
(5) the United States Marine Corps; or
(6) United States Space Force; or
(6) (7) the United States Merchant Marine.".
Page 3, after line 33, begin a new paragraph and insert:
"SECTION 28. IC 22-9-9-2, AS ADDED BY P.L.151-2007,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. As used in this chapter, "armed forces of the
United States" means the active or reserve components of the:
ES 15—LS 6125/DI 153 48
(1) United States Army;
(2) United States Navy;
(3) United States Air Force;
(4) United States Coast Guard;
(5) United States Marine Corps; or
(6) United States Space Force; or
(6) (7) United States Merchant Marine.
SECTION 29. IC 23-14-73-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. As used in this
chapter, "member of the armed forces" means an individual who served
on active duty in the:
(1) United States Army;
(2) United States Navy;
(3) United States Air Force;
(4) United States Marine Corps;
(5) United States Space Force; or
(6) United States Coast Guard. of the United States.
SECTION 30. IC 25-1-12-3, AS AMENDED BY P.L.2-2005,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. As used in this chapter, "armed forces of the
United States" means the active or reserve components of the:
(1) the United States Army;
(2) the United States Navy;
(3) the United States Air Force;
(4) the United States Coast Guard;
(5) the United States Marine Corps; or
(6) United States Space Force; or
(6) (7) the United States Merchant Marine.
SECTION 31. IC 25-36.1-2-5, AS ADDED BY P.L.97-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. (a) Except as provided in section 4 of this
chapter, an individual may not practice surgical technology in a health
care facility unless the individual meets one (1) of the following
requirements:
(1) Is certified under IC 25-36.1-1.
(2) Has completed a surgical technology program provided by the
United States Army, United States Navy, United States Air
Force, United States Marine Corps, United States Space Force,
or United States Coast Guard, or the commissioned corps of the
United States Public Health Service.
(3) Provides evidence to the health care facility that the individual
was employed to practice surgical technology in a health care
ES 15—LS 6125/DI 153 49
facility before July 1, 2009.
(4) Is performing duties related to the individual's employment by
the federal government.
(5) Is practicing surgical technology during the twelve (12) month
period immediately following the completion of a degree from an
accredited school of surgical technology.
(6) Has the appropriate abilities, as determined by the health care
facility.
(b) An individual who is:
(1) described in subsection (a)(1), (a)(2), or (a)(3); and
(2) practicing surgical technology in a health care facility;
annually shall complete fifteen (15) hours of continuing education
concerning surgical technology in order to continue practicing surgical
technology.
(c) An individual who wants to practice surgical technology in a
health care facility is responsible for establishing to the satisfaction of
the health care facility that the individual has complied with this
section.
(d) An individual practicing surgical technology in a health care
facility is responsible for immediately notifying in writing the
governing body of the health care facility, or the governing body's
designee, of any changes in the individual's compliance with this
section.
(e) A health care facility shall maintain copies of any written
documentation provided by the individual to the health care facility
under subsection (c) or (d) to show compliance with this section.
(f) This chapter does not require a health care facility to permit an
individual described in subsection (a) to perform surgical technology
services at the health care facility.
SECTION 32. IC 27-1-22-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 26. (a) As used in this
section, "armed forces" means the following:
(1) The United States Army.
(2) The United States Navy.
(3) The United States Air Force.
(4) The United States Marine Corps.
(5) The United States Space Force.
(5) (6) The United States Coast Guard.
(b) This section applies only to an individual:
(1) who is applying for motor vehicle insurance; and
(2) who:
(A) is serving in one (1) of the armed forces; or
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(B) has served in one (1) of the armed forces within six (6)
months before applying for motor vehicle insurance.
(c) As used in this section, "motor vehicle insurance" means any
type of insurance described in IC 27-1-5-1, Class 2(f).
(d) As used in this chapter, "rating plan" means the rating schedule
or rating plan of an insurer concerning premium rates for motor vehicle
insurance that has been filed with the commissioner and is in effect
under section 4 of this chapter.
(e) An insurer may not set the premium rate for a policy of motor
vehicle insurance for an individual described in subsection (b) at an
amount higher than the applicable rate set forth in the rating plan due
to the fact that the individual has not been covered by motor vehicle
insurance for a period of time.
(f) The violation of this section is an unfair and deceptive act or
practice in the business of insurance under IC 27-4-1-4.
SECTION 33. IC 27-1-22-26.1, AS ADDED BY P.L.39-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 26.1. (a) As used in this section, "armed forces"
means the active and reserve components of the following:
(1) The United States Army.
(2) The United States Navy.
(3) The United States Air Force.
(4) The United States Marine Corps.
(5) The United States Space Force.
(5) (6) The United States Coast Guard.
(6) (7) The Indiana National Guard.
(b) As used in this section, "motor vehicle insurance" means any
type of insurance described in IC 27-1-5-1, Class 2(f).
(c) As used in this chapter, "rating plan" means the rating schedule
or rating plan of an insurer:
(1) concerning premium rates for motor vehicle insurance;
(2) that has been filed with the commissioner; and
(3) that is in effect under section 4 of this chapter.
(d) An insurer that issues or renews a policy of motor vehicle
insurance may not set the premium rate for a policy of motor vehicle
insurance that covers an individual who is serving in one (1) of the
armed forces at an amount higher than the applicable rate set forth in
the rating plan for a policy of motor vehicle insurance that covers an
individual who is not serving in one (1) of the armed forces.
(e) A violation of this section is an unfair and deceptive act or
practice in the business of insurance under IC 27-4-1-4.
SECTION 34. IC 27-7-14-1, AS ADDED BY P.L.146-2015,
ES 15—LS 6125/DI 153 51
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1. As used in this chapter, "armed forces" means
the active and reserve components of the following:
(1) The United States Army.
(2) The United States Navy.
(3) The United States Air Force.
(4) The United States Marine Corps.
(5) The United States Space Force.
(5) (6) The United States Coast Guard.
(6) (7) The Indiana National Guard.
SECTION 35. IC 29-3-9-1, AS AMENDED BY P.L.50-2021,
SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1. (a) As used in this section, "department" means
the department of child services established by IC 31-25-1-1.
(b) As used in this section and except as otherwise provided in this
section, "foster care" has the meaning set forth in IC 31-9-2-46.7.
(c) Except as provided in subsections (d) and (h), by a properly
executed power of attorney, a parent of a minor or a guardian (other
than a temporary guardian) of a protected person may delegate to
another person for:
(1) any period during which the care and custody of the minor or
protected person is entrusted to an institution furnishing care,
custody, education, or training; or
(2) a period not exceeding twelve (12) months;
any powers regarding health care, support, custody, or property of the
minor or protected person. A delegation described in this subsection is
effective immediately unless otherwise stated in the power of attorney.
(d) A parent of a minor or a guardian of a protected person may not
delegate under subsection (c) the power to:
(1) consent to the marriage or adoption of a protected person who
is a minor; or
(2) petition the court to request the authority to petition for
dissolution of marriage, legal separation, or annulment of
marriage on behalf of a protected person as provided under
section 12.2 of this chapter.
(e) Subject to IC 30-5-5-16, a person having a power of attorney
executed under subsection (c) has and shall exercise, for the period
during which the power is effective, all other authority of the parent or
guardian respecting the health care, support, custody, or property of the
minor or protected person except any authority expressly excluded in
the written instrument delegating the power. The parent or guardian
remains responsible for any act or omission of the person having the
ES 15—LS 6125/DI 153 52
power of attorney with respect to the affairs, property, and person of the
minor or protected person as though the power of attorney had never
been executed.
(f) A delegation of powers executed under subsection (c) does not,
as a result of the execution of the power of attorney, subject any of the
parties to any laws, rules, or regulations concerning the licensing or
regulation of foster family homes, child placing agencies, or child
caring institutions under IC 31-27.
(g) Any child who is the subject of a power of attorney executed
under subsection (c) is not considered to be placed in foster care. The
parties to a power of attorney executed under subsection (c), including
a child, a protected person, a parent or guardian of a child or protected
person, or an attorney-in-fact, are not, as a result of the execution of the
power of attorney, subject to any foster care requirements or foster care
licensing regulations.
(h) A foster family home licensed under IC 31-27-4 may not provide
overnight or regular and continuous care and supervision to a child
who is the subject of a power of attorney executed under subsection (c)
while providing care to a child placed in the home by the department
or under a juvenile court order under a foster family home license.
Upon request, the department may grant an exception to this
subsection.
(i) A parent who:
(1) is a member in the:
(A) active or reserve component of the armed forces of the
United States, including the:
(i) United States Army;
(ii) United States Navy;
(iii) United States Air Force;
(iv) United States Space Force;
(v) United States Marine Corps;
(vi) National Guard; or
(vii) United States Coast Guard; or
(B) commissioned corps of the:
(i) National Oceanic and Atmospheric Administration; or
(ii) Public Health Service of the United States Department
of Health and Human Services;
detailed by proper authority for duty with the United States
Army or United States Navy; of the United States; or
(2) is required to:
(A) enter or serve in the active military service of the United
States under a call or order of the President of the United
ES 15—LS 6125/DI 153 53
States; or
(B) serve on state active duty;
may delegate the powers designated in subsection (c) for a period
longer than twelve (12) months if the parent is on active duty service.
However, the term of delegation may not exceed the term of active duty
service plus thirty (30) days. The power of attorney must indicate that
the parent is required to enter or serve in the active military service of
the United States and include the estimated beginning and ending dates
of the active duty service.
(j) Except as otherwise stated in the power of attorney delegating
powers under this section, a delegation of powers under this section
may be revoked at any time by a written instrument of revocation that:
(1) identifies the power of attorney revoked; and
(2) is signed by the:
(A) parent of a minor; or
(B) guardian of a protected person;
who executed the power of attorney.
SECTION 36. IC 33-42-9-10, AS AMENDED BY
P.L.215-2018(ss), SECTION 14, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) A notarial act
performed under federal law shall be presumed valid and has the same
effect as a notarial act performed by a notarial officer of Indiana if the
notarial act performed under federal law is performed by:
(1) a judge, clerk, or deputy clerk of a court;
(2) an individual who is authorized to perform the notarial act
under federal law and is:
(A) presently serving in the armed forces of the United States;
or
(B) performing duties under the authority of the armed forces
of the United States;
(3) an individual designated as a notarial officer by the United
States Department of State for the purpose of performing notarial
acts overseas;
(4) a commissioned officer with the rank of:
(A) second lieutenant or higher in the active service of the:
(i) United States Army;
(ii) United States Marine Corps; or
(iii) United States Air Force; or
(iv) United States Space Force; or
(B) ensign or higher in the active service of the:
(i) United States Coast Guard; or
(ii) United States Navy; or
ES 15—LS 6125/DI 153 54
(5) any other individual authorized by federal law to perform the
notarial act.
(b) The signature and title of an individual acting under federal
authority while performing a notarial act are prima facie evidence of
the fact that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(c) The signature and title of a notarial officer described in
subsection (a)(1), (a)(2), or (a)(3) conclusively establish the authority
of the notarial officer to perform the notarial act.
SECTION 37. IC 35-42-4-7, AS AMENDED BY P.L.133-2023,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 7. (a) As used in this section, "adoptive parent"
has the meaning set forth in IC 31-9-2-6.
(b) As used in this section, "adoptive grandparent" means the parent
of an adoptive parent.
(c) As used in this section, "charter school" has the meaning set
forth in IC 20-18-2-2.5.
(d) As used in this section, "child care worker" means a person who:
(1) provides care, supervision, or instruction to a child within the
scope of the person's employment in a shelter care facility;
(2) is employed by a:
(A) school corporation;
(B) charter school;
(C) nonpublic school; or
(D) special education cooperative;
attended by a child who is the victim of a crime under this
chapter; or
(3) is:
(A) affiliated with a:
(i) school corporation;
(ii) charter school;
(iii) nonpublic school; or
(iv) special education cooperative;
attended by a child who is the victim of a crime under this
chapter, regardless of how or whether the person is
compensated;
(B) in a position of trust in relation to a child who attends the
school or cooperative;
(C) engaged in the provision of care or supervision to a child
who attends the school or cooperative; and
(D) at least four (4) years older than the child who is the
ES 15—LS 6125/DI 153 55
victim of a crime under this chapter.
The term does not include a student who attends the school or
cooperative.
(e) As used in this section, "coach" means a person who:
(1) provides care, supervision, or instruction to a child within the
scope of the person's employment in a youth sports organization;
(2) is employed by a youth sports organization attended by a child
who is the victim of a crime under this chapter; or
(3) is:
(A) affiliated with a youth sports organization attended by a
child who is the victim of a crime under this chapter,
regardless of how or whether the person is compensated;
(B) in a position of trust in relation to a child who participates
in the youth sports organization;
(C) engaged in the provision of care or supervision to a child
who participates in the youth sports organization; and
(D) at least four (4) years older than the child who is the
victim of a crime under this chapter.
This term includes a coach who is nonteaching or a volunteer.
(f) As used in this section, "custodian" means any person who
resides with a child and is responsible for the child's welfare.
(g) As used in this section, "mental health professional" means:
(1) a mental health counselor licensed under IC 25-23.6-8.5;
(2) a psychologist; or
(3) a psychiatrist.
(h) As used in this section, "military recruiter" means a member of:
(1) the United States Air Force;
(2) the United States Army;
(3) the United States Coast Guard;
(4) the United States Marine Corps;
(5) the United States Navy;
(6) the United States Space Force;
(6) (7) any reserve components of the military forces listed in
subdivisions (1) through (5); or
(7) (8) the Indiana National Guard;
whose primary job function, classification, or specialty is recruiting
individuals to enlist with an entity listed in subdivisions (1) through
(7). (8).
(i) As used in this section, "nonpublic school" has the meaning set
forth in IC 20-18-2-12.
(j) For purposes of this section, a person has a "professional
relationship" with a child if:
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(1) the person:
(A) has a license issued by the state or a political subdivision
on the basis of the person's training and experience that
authorizes the person to carry out a particular occupation; or
(B) is employed in a position in which counseling, supervising,
instructing, or recruiting children forms a significant part of
the employment; and
(2) the person has a relationship with a child that is based on the
person's employment or licensed status as described in
subdivision (1).
The term includes a relationship between a child and a mental health
professional or military recruiter. The term does not include a coworker
relationship between a child and a person described in subdivision
(1)(B).
(k) As used in this section, "school corporation" has the meaning set
forth in IC 20-18-2-16.
(l) As used in this section, "special education cooperative" has the
meaning set forth in IC 20-35-5-1.
(m) As used in this section, "stepparent" means an individual who
is married to a child's custodial or noncustodial parent and is not the
child's adoptive parent.
(n) As used in this section, "workplace supervisor" means an
individual who has authority over a child while the child is employed
at the child's place of employment. The term includes a person who is
responsible for determining the child's wages (including whether the
child will receive a raise) or who otherwise has the authority to take an
adverse employment action against the child.
(o) As used in this section, "youth sports organization" means an
athletic or recreational program that is organized for:
(1) competition against another team, club, or entity; or
(2) athletic instruction;
predominantly for children less than eighteen (18) years of age.
(p) If a person who:
(1) is at least eighteen (18) years of age; and
(2) is the:
(A) guardian, adoptive parent, adoptive grandparent,
custodian, or stepparent of;
(B) child care worker for; or
(C) coach of;
a child less than eighteen (18) years of age;
engages with the child in sexual intercourse, other sexual conduct (as
defined in IC 35-31.5-2-221.5), or any fondling or touching with the
ES 15—LS 6125/DI 153 57
intent to arouse or satisfy the sexual desires of either the child or the
adult, the person commits child seduction.
(q) A person who:
(1) has or had a professional relationship with a child less than
eighteen (18) years of age whom the person knows to be less than
eighteen (18) years of age;
(2) may exert undue influence on the child because of the person's
current or previous professional relationship with the child; and
(3) uses or exerts the person's professional relationship to engage
in sexual intercourse, other sexual conduct (as defined in
IC 35-31.5-2-221.5), or any fondling or touching with the child
with the intent to arouse or satisfy the sexual desires of the child
or the person;
commits child seduction.
(r) A law enforcement officer who:
(1) is at least four (4) years older than a child who is less than
eighteen (18) years of age;
(2) has contact with the child while acting within the scope of the
law enforcement officer's official duties with respect to the child;
and
(3) uses or exerts the law enforcement officer's professional
relationship with the child to engage with the child in:
(A) sexual intercourse;
(B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
or
(C) any fondling or touching with the child with the intent to
arouse or satisfy the sexual desires of the child or the law
enforcement officer;
commits child seduction.
(s) In determining whether a person used or exerted the person's
professional relationship with the child to engage in sexual intercourse,
other sexual conduct (as defined in IC 35-31.5-2-221.5), or any
fondling or touching with the intent to arouse or satisfy the sexual
desires of the child or the person under this section, the trier of fact
may consider one (1) or more of the following:
(1) The age difference between the person and the child.
(2) Whether the person was in a position of trust with respect to
the child.
(3) Whether the person's conduct with the child violated any
ethical obligations of the person's profession or occupation.
(4) The authority that the person had over the child.
(5) Whether the person exploited any particular vulnerability of
ES 15—LS 6125/DI 153 58
the child.
(6) Any other evidence relevant to the person's ability to exert
undue influence over the child.
(t) This subsection does not apply to a workplace supervisor who
had a dating relationship with the child before the child was employed
at the place of employment. A workplace supervisor who:
(1) is at least four (4) years older than a child who is less than
eighteen (18) years of age;
(2) supervises the child at the child's place of employment; and
(3) uses or exerts the workplace supervisor's supervisory
relationship with the child to engage with the child in:
(A) sexual intercourse;
(B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
or
(C) any fondling or touching with the child with the intent to
arouse or satisfy the sexual desires of the child or the
workplace supervisor;
commits child seduction.
(u) In determining whether a workplace supervisor used or exerted
the workplace supervisor's relationship with the child to engage in
sexual intercourse, other sexual conduct (as defined in
IC 35-31.5-2-221.5), or any fondling or touching with the intent to
arouse or satisfy the sexual desires of the child or the workplace
supervisor, the trier of fact may consider one (1) or more of the
following:
(1) The age difference between the workplace supervisor and the
child.
(2) Whether the workplace supervisor was in a position of trust
with respect to the child.
(3) Whether the workplace supervisor suggested to the child that
engaging or not engaging in sexual activity with the workplace
supervisor would or could affect the child at the child's place of
employment.
(4) The authority that the workplace supervisor had over the child.
(5) Whether the workplace supervisor exploited any particular
vulnerability of the child.
(6) Any other evidence relevant to the workplace supervisor's
ability to exert undue influence over the child.
(v) Child seduction under this section is:
(1) a Level 6 felony if the child is at least sixteen (16) years of age
but less than eighteen (18) years of age and the person or law
enforcement officer engaged in any fondling or touching with the
ES 15—LS 6125/DI 153 59
intent to arouse or satisfy the sexual desires of:
(A) the child; or
(B) the person or law enforcement officer;
(2) a Level 5 felony if the child is at least sixteen (16) years of age
but less than eighteen (18) years of age and the person or law
enforcement officer engaged in sexual intercourse or other sexual
conduct (as defined in IC 35-31.5-2-221.5) with the child;
(3) a Level 5 felony if the child is at least fourteen (14) years of
age but less than sixteen (16) years of age and the person or law
enforcement officer engaged in any fondling or touching with the
intent to arouse or satisfy the sexual desires of:
(A) the child; or
(B) the person or law enforcement officer;
(4) a Level 4 felony if the child is at least fourteen (14) years of
age but less than sixteen (16) years of age and the person or law
enforcement officer engaged in sexual intercourse or other sexual
conduct (as defined in IC 35-31.5-2-221.5) with the child;
(5) a Level 3 felony if the child is thirteen (13) years of age or
under and the person or law enforcement officer engaged in any
fondling or touching with the intent to arouse or satisfy the sexual
desires of:
(A) the child; or
(B) the person or law enforcement officer; and
(6) a Level 2 felony if the child is thirteen (13) years of age or
under and the person or law enforcement officer engaged in
sexual intercourse or other sexual conduct (as defined in
IC 35-31.5-2-221.5) with the child.
SECTION 38. IC 36-8-4.7-3, AS ADDED BY P.L.115-2016,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. As used in this chapter, "armed forces" means
the active and reserve components of the following:
(1) The United States Army.
(2) The United States Navy.
(3) The United States Air Force.
(4) The United States Marine Corps.
(5) The United States Space Force.
(5) (6) The United States Coast Guard.
(6) (7) The Indiana National Guard.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 15 as printed February 27, 2024.)
BARTELS
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