Indiana 2024 Regular Session

Indiana Senate Bill SB0015 Compare Versions

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1+*ES0015.3*
2+Reprinted
3+March 1, 2024
4+ENGROSSED
5+SENATE BILL No. 15
6+_____
7+DIGEST OF SB 15 (Updated February 29, 2024 12:11 pm - DI 116)
8+Citations Affected: IC 3-5; IC 5-9; IC 6-3; IC 9-13; IC 10-16;
9+IC 10-17; IC 10-18; IC 16-31; IC 16-33; IC 20-33; IC 20-38; IC 21-14;
10+IC 21-27; IC 22-2; IC 22-9; IC 23-14; IC 25-1; IC 25-36.1; IC 27-1;
11+IC 27-7; IC 29-3; IC 33-42; IC 35-42; IC 36-8.
12+Synopsis: Military and veteran issues. Expands the eligibility
13+requirements for admission to the Indiana Veterans' Home. Adds a
14+definition of an "eligible person" for purposes of administering grants
15+for veteran services (GVS). Provides that a qualified entity may receive
16+a GVS to provide certain services to support an eligible person.
17+Updates references throughout the Indiana Code relating to the armed
18+forces of the United States or uniformed services to include the United
19+States Space Force. Makes technical changes to various references
20+(Continued next page)
21+Effective: July 1, 2024; January 1, 2025.
22+Tomes, Glick, Young M, Niezgodski,
23+Doriot, Raatz, Vinzant, Buck,
24+Dernulc, Pol Jr., Randolph Lonnie M
25+(HOUSE SPONSORS — BARTELS, PACK, HOSTETTLER, HAMILTON)
26+January 8, 2024, read first time and referred to Committee on Veterans Affairs and The
27+Military.
28+January 16, 2024, reported favorably — Do Pass.
29+January 18, 2024, read second time, ordered engrossed. Engrossed.
30+January 22, 2024, read third time, passed. Yeas 46, nays 0.
31+HOUSE ACTION
32+February 6, 2024, read first time and referred to Committee on Veterans Affairs and Public
33+Safety.
34+February 19, 2024, amended, reported — Do Pass. Referred to Committee on Ways and
35+Means pursuant to Rule 127.
36+February 27, 2024, amended, reported — Do Pass.
37+February 29, 2024, read second time, amended, ordered engrossed.
38+ES 15—LS 6125/DI 153 Digest Continued
39+relating to the components of the armed forces of the United States.
40+Provides that the governing body of a school corporation, the organizer
41+of a charter school, or the chief administrative officer of a nonpublic
42+school system shall authorize the absence and excuse of each
43+secondary school student who is ordered to active duty with the armed
44+forces of the United States, including their reserve components or the
45+Indiana National Guard for at least 15 days in a school year. (Current
46+law provides that a governing body of a school corporation or the chief
47+administrative officer of a nonpublic school system shall authorize the
48+absence and excuse of each secondary school student who is ordered
49+to active duty with the Indiana National Guard for not more than 10
50+days in a school year.) Provides that certain disability ratings and
51+educational cost exemptions apply to an individual whose parent
52+enlisted in the armed forces after June 30, 2017 (instead of June 30,
53+2011). Requires that the Indiana department of labor consult with the
54+Indiana department of veterans' affairs to create and distribute a
55+veterans' benefits and services poster. Provides that the veterans'
56+benefits and services poster must contain certain information. Requires
57+that Indiana employers with more than 50 full-time employees (or their
58+equivalent) display the veterans' benefits and services poster in a
59+conspicuous place.
60+ES 15—LS 6125/DI 153ES 15—LS 6125/DI 153 Reprinted
61+March 1, 2024
162 Second Regular Session of the 123rd General Assembly (2024)
263 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
364 Constitution) is being amended, the text of the existing provision will appear in this style type,
465 additions will appear in this style type, and deletions will appear in this style type.
566 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
667 provision adopted), the text of the new provision will appear in this style type. Also, the
768 word NEW will appear in that style type in the introductory clause of each SECTION that adds
869 a new provision to the Indiana Code or the Indiana Constitution.
970 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1071 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 15
12-AN ACT to amend the Indiana Code concerning labor and safety.
72+ENGROSSED
73+SENATE BILL No. 15
74+A BILL FOR AN ACT to amend the Indiana Code concerning labor
75+and safety.
1376 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 22-2-19 IS ADDED TO THE INDIANA CODE AS
15-A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
16-1, 2024]:
17-Chapter 19. Veterans' Benefits and Services Information
18-Sec. 1. (a) As used in this chapter, "department of labor" refers
19-to the department of labor created by IC 22-1-1-1.
20-(b) As used in this chapter, "department of veterans' affairs"
21-refers to the Indiana department of veterans' affairs established by
22-IC 10-17-1-2.
23-Sec. 2. The department of labor shall consult with the
24-department of veterans' affairs to create and distribute to
25-employers described in section 4 of this chapter a veterans' benefits
26-and services poster.
27-Sec. 3. The poster described in section 2 of this chapter must
28-contain:
29-(1) information concerning benefits and services available to
30-veterans, including:
31-(A) substance abuse and mental health treatment;
32-(B) federal disability compensation;
33-(C) educational resources;
34-(D) employment and reemployment rights;
35-(E) tax credits, exemptions, and refunds;
36-(F) Indiana veteran driver's licenses and photo
37-SEA 15 — CC 1 2
38-identification cards;
39-(G) free or low cost legal assistance; and
40-(H) minority veteran resources; and
41-(2) contact information for the following:
42-(A) The United States Department of Veterans Affairs.
43-(B) The department of veterans' affairs.
44-(C) The Veterans Crisis Line.
45-Sec. 4. Every employer under the jurisdiction of the department
46-of labor with more than fifty (50) full-time employees (or their
47-equivalent) shall display the poster distributed under section 2 of
48-this chapter in a conspicuous place where employees are employed.
49-SEA 15 — CC 1 President of the Senate
50-President Pro Tempore
51-Speaker of the House of Representatives
52-Governor of the State of Indiana
53-Date: Time:
54-SEA 15 — CC 1
77+1 SECTION 1. IC 3-5-2-49.3, AS AMENDED BY P.L.227-2023,
78+2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
79+3 JULY 1, 2024]: Sec. 49.3. "Uniformed services" means any of the
80+4 following:
81+5 (1) The United States Army.
82+6 (2) The United States Navy.
83+7 (3) The United States Air Force.
84+8 (4) The United States Marine Corps.
85+9 (5) The United States Coast Guard.
86+10 (6) The United States Space Force.
87+11 (7) The commissioned corps of the Public Health Service.
88+12 (8) The commissioned corps of the National Oceanic and
89+13 Atmospheric Administration.
90+14 SECTION 2. IC 5-9-4-3 IS AMENDED TO READ AS FOLLOWS
91+15 [EFFECTIVE JULY 1, 2024]: Sec. 3. As used in this chapter, "armed
92+16 forces of the United States" means the active or reserve components of
93+17 the:
94+ES 15—LS 6125/DI 153 2
95+1 (1) the United States Army;
96+2 (2) the United States Navy;
97+3 (3) the United States Air Force;
98+4 (4) the United States Coast Guard;
99+5 (5) the United States Marine Corps; or
100+6 (6) United States Space Force; or
101+7 (6) (7) the United States Merchant Marine.
102+8 SECTION 3. IC 6-3-2-4, AS AMENDED BY P.L.162-2019,
103+9 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
104+10 JULY 1, 2024]: Sec. 4. (a) Each taxable year, an individual, or the
105+11 individual's surviving spouse, is entitled to the following:
106+12 (1) An adjusted gross income tax deduction for the first five
107+13 thousand dollars ($5,000) of income, excluding adjusted gross
108+14 income described in subdivision (2), received during the taxable
109+15 year by the individual, or the individual's surviving spouse, for the
110+16 individual's service in an active or reserve component of the
111+17 armed forces of the United States, including the United States
112+18 Army, United States Navy, United States Air Force, United
113+19 States Space Force, United States Coast Guard, United States
114+20 Marine Corps, United States Merchant Marine, Indiana Army
115+21 National Guard, or Indiana Air National Guard.
116+22 (2) An adjusted gross income tax deduction for income from
117+23 retirement or survivor's benefits received during the taxable year
118+24 by the individual, or the individual's surviving spouse, for the
119+25 individual's service in an active or reserve component of the
120+26 armed forces of the United States, including the United States
121+27 Army, United States Navy, United States Air Force, United
122+28 States Space Force, United States Coast Guard, United States
123+29 Marine Corps, United States Merchant Marine, Indiana Army
124+30 National Guard, or Indiana Air National Guard. The amount of
125+31 the deduction is the lesser of:
126+32 (A) the benefits included in the adjusted gross income of the
127+33 individual or the individual's surviving spouse; or
128+34 (B) six thousand two hundred fifty dollars ($6,250) plus the
129+35 following:
130+36 (i) For taxable years beginning in 2019, twenty-five percent
131+37 (25%) of the amount of the benefits in excess of six
132+38 thousand two hundred fifty dollars ($6,250).
133+39 (ii) For taxable years beginning in 2020, fifty percent (50%)
134+40 of the amount of the benefits in excess of six thousand two
135+41 hundred fifty dollars ($6,250).
136+42 (iii) For taxable years beginning in 2021, seventy-five
137+ES 15—LS 6125/DI 153 3
138+1 percent (75%) of the amount of the benefits in excess of six
139+2 thousand two hundred fifty dollars ($6,250).
140+3 (iv) For taxable years beginning after 2021, one hundred
141+4 percent (100%) of the amount of the benefits in excess of six
142+5 thousand two hundred fifty dollars ($6,250).
143+6 (b) An individual whose qualified military income is subtracted
144+7 from the individual's federal adjusted gross income under
145+8 IC 6-3-1-3.5(a)(18) for Indiana individual income tax purposes is not,
146+9 for that taxable year, entitled to a deduction under this section for the
147+10 same qualified military income that is deducted under
148+11 IC 6-3-1-3.5(a)(18).
149+12 SECTION 4. IC 9-13-2-5.3, AS ADDED BY P.L.198-2016,
150+13 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
151+14 JANUARY 1, 2025]: Sec. 5.3. "Armed forces of the United States"
152+15 means the following:
153+16 (1) The United States Army.
154+17 (2) The United States Navy.
155+18 (3) The United States Air Force.
156+19 (4) The United States Marine Corps.
157+20 (5) The United States Space Force.
158+21 (5) (6) The United States Coast Guard.
159+22 SECTION 5. IC 10-16-6-9 IS AMENDED TO READ AS
160+23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. An enlisted person
161+24 who is discharged from service in the Indiana National Guard shall
162+25 receive a discharge in writing in the form and with the classification
163+26 prescribed by national guard regulations. In time of peace, a discharge
164+27 may be given before the expiration of an enlistment term in the
165+28 following cases:
166+29 (1) By sentence of a general court-martial.
167+30 (2) By direction of the governor on account of disability.
168+31 (3) On account of sentence of imprisonment by a civil court,
169+32 whether suspended or not.
170+33 (4) On account of a bona fide permanent change of residence to
171+34 another state.
172+35 (5) For the purpose of enlisting in the:
173+36 (A) United States Army;
174+37 (B) United States Air Force;
175+38 (C) United States Navy; or
176+39 (D) United States Marine Corps; or
177+40 (E) United States Space Force.
178+41 (6) For other causes prescribed by national guard regulations or
179+42 the commander in chief.
180+ES 15—LS 6125/DI 153 4
181+1 However, an enlisted person who has not returned or accounted for all
182+2 of the public property for which the enlisted person is responsible may
183+3 not receive an honorable discharge.
184+4 SECTION 6. IC 10-16-20-2, AS AMENDED BY P.L.99-2016,
185+5 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
186+6 JULY 1, 2024]: Sec. 2. The following definitions apply throughout this
187+7 chapter:
188+8 (1) "Military service" means:
189+9 (A) in the case of a servicemember who is a member or
190+10 reserve member of the United States Army, United States
191+11 Navy, United States Air Force, United States Marine Corps,
192+12 United States Space Force, or United States Coast Guard,
193+13 full-time duty in the active military service, of the United
194+14 States, including:
195+15 (i) full-time training duty;
196+16 (ii) annual training duty; and
197+17 (iii) attendance while at a school designated as a service
198+18 school by federal law or by the secretary of the military
199+19 department concerned;
200+20 (B) in the case of a member or reserve member of the Indiana
201+21 National Guard, service under a call to active:
202+22 (i) service authorized by the President of the United States
203+23 or the Secretary of Defense for a period of more than thirty
204+24 (30) days in response to a national emergency declared by
205+25 the President of the United States; or
206+26 (ii) duty as defined by IC 10-16-7-23(a) for a period of more
207+27 than thirty (30) consecutive days;
208+28 (C) in the case of a servicemember who is a commissioned
209+29 officer of the Public Health Service or the National Oceanic
210+30 and Atmospheric Administration, active service;
211+31 (D) in the case of a member or reserve member of the national
212+32 guard of another state, service under an order by the governor
213+33 of that state to active duty for a period of more than thirty (30)
214+34 consecutive days; or
215+35 (E) any period during which a servicemember is absent from
216+36 duty on account of sickness, wounds, leave, or other lawful
217+37 cause.
218+38 (2) "Servicemember" means an individual engaged in military
219+39 service.
220+40 SECTION 7. IC 10-17-2-2, AS AMENDED BY P.L.42-2020,
221+41 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
222+42 JULY 1, 2024]: Sec. 2. A book providing for the recording of
223+ES 15—LS 6125/DI 153 5
224+1 discharges from the United States Army, United States Navy, or any
225+2 other branch of the service must consist of printed forms in blank,
226+3 similar to and in conformity with the wording of the forms of discharge
227+4 used by the United States government, the size of type being reduced
228+5 to permit the printing of the form of the discharge on one (1) page of
229+6 the record. Each book must be provided with an alphabetical index.
230+7 The standards imposed by this section apply to the preservation of
231+8 discharges in an electronic format under section 1(a)(2) of this chapter.
232+9 SECTION 8. IC 10-17-9-0.9 IS ADDED TO THE INDIANA CODE
233+10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
234+11 1, 2024]: Sec. 0.9. As used in this chapter, "uniformed services"
235+12 means the following:
236+13 (1) The United States Army.
237+14 (2) The United States Air Force.
238+15 (3) The United States Navy.
239+16 (4) The United States Marine Corps.
240+17 (5) The United States Space Force.
241+18 (6) The United States Coast Guard.
242+19 (7) The commissioned corps of the National Oceanic and
243+20 Atmospheric Administration.
244+21 (8) The commissioned corps of the Public Health Service.
245+22 SECTION 9. IC 10-17-9-7, AS AMENDED BY P.L.113-2010,
246+23 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
247+24 JULY 1, 2024]: Sec. 7. (a) As used in this section, "eligible person"
248+25 refers to either of the following:
249+26 (1) An honorably discharged member of the armed forces. A
250+27 member of the uniformed services who was discharged or
251+28 released from the uniformed services under conditions other
252+29 than dishonorable.
253+30 (2) The spouse or surviving spouse of an honorably discharged
254+31 member of the armed forces. a member of the uniformed
255+32 services who was discharged or released from the uniformed
256+33 services under conditions other than dishonorable.
257+34 (b) An eligible person who has a disability or is destitute is eligible
258+35 for admission to the home if:
259+36 (1) the eligible person has been a resident of Indiana for at least
260+37 one (1) year immediately preceding application for or establishes
261+38 residency in Indiana within six (6) months after admission to
262+39 the home; or
263+40 (2) in the case of an eligible person referred to in subsection
264+41 (a)(1), the eligible person was a resident of Indiana when the
265+42 eligible person enlisted in the armed forces. uniformed services.
266+ES 15—LS 6125/DI 153 6
267+1 (c) The Indiana department of veterans' affairs shall adopt rules
268+2 concerning admission to the home.
269+3 (d) In adopting rules governing the admission, maintenance, and
270+4 discharge of members of the home, the Indiana department of veterans'
271+5 affairs may establish a fund called the veterans' home comfort and
272+6 welfare fund. The director shall deposit all money collected from the
273+7 members for the cost of their care and maintenance in the fund. The
274+8 director shall expend this money in any manner that adds to the comfort
275+9 and welfare of the members of the institutions.
276+10 (e) A part of the veterans' home comfort and welfare fund may be
277+11 withdrawn and deposited in a special fund called the veterans' home
278+12 building fund. The veterans' home building fund shall be used for the
279+13 construction, maintenance, remodeling, or repair of buildings of the
280+14 home.
281+15 (f) Preference under this section may be given to a person who
282+16 served in an Indiana military organization. Except in cases where the
283+17 surviving spouse of a veteran marries another veteran, the benefits of
284+18 this chapter extend only to a surviving spouse and the spouse of a
285+19 veteran if the contract of marriage was entered into more than five (5)
286+20 years before the date of death of the veteran. Except as otherwise
287+21 provided by law, upon the death of a person in the home, money paid
288+22 to the person or due to the person from a bank, a trust company, a
289+23 corporation, or an individual becomes an asset of the person's estate
290+24 and shall be distributed in the manner prescribed by the probate law of
291+25 the state.
292+26 SECTION 10. IC 10-17-10-1 IS AMENDED TO READ AS
293+27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. If:
294+28 (1) a person:
295+29 (A) has served as a member of the armed forces of the United
296+30 States as a soldier, sailor, or marine in the army, air force, or
297+31 navy of the United States or as a member of the women's
298+32 components of the army, air force, or navy of the United
299+33 States, United States Army, United States Air Force, United
300+34 States Navy, United States Marine Corps, or United States
301+35 Space Force, is a resident of Indiana, and dies while a
302+36 member of the armed forces and before discharge from the
303+37 armed forces or after receiving an honorable discharge from
304+38 the armed forces; or
305+39 (B) is the spouse or surviving spouse of a person described in
306+40 clause (A) and is a resident of Indiana; and
307+41 (2) a claim is filed for a burial allowance:
308+42 (A) by an interested person with the board of commissioners
309+ES 15—LS 6125/DI 153 7
310+1 of the county of the residence of the deceased person; and
311+2 (B) stating the fact:
312+3 (i) of the service, death, and discharge if discharged from
313+4 service before death; and
314+5 (ii) that the body has been buried in a decent and respectable
315+6 manner in a cemetery or burial ground;
316+7 the board of commissioners shall hear and determine the claim like
317+8 other claims and, if the facts averred are found to be true, shall allow
318+9 the claim in an amount set by ordinance. However, the amount of the
319+10 allowance may not be more than one thousand dollars ($1,000).
320+11 SECTION 11. IC 10-17-11-10, AS AMENDED BY P.L.61-2023,
321+12 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
322+13 JULY 1, 2024]: Sec. 10. (a) A veteran who is eligible to be buried in
323+14 a national cemetery according to 38 U.S.C. 2402 is eligible to be buried
324+15 in the Indiana state veterans' cemetery established under this chapter.
325+16 (b) The spouse of a veteran who is eligible to be buried in a national
326+17 cemetery according to 38 U.S.C. 2402 is eligible to be buried in the
327+18 Indiana state veterans' cemetery established under this chapter.
328+19 (c) An individual who is a member of:
329+20 (1) a reserve component of the armed forces of the United States:
330+21 (A) who was discharged or released from service under
331+22 conditions other than dishonorable; or
332+23 (B) whose death occurs under conditions other than
333+24 dishonorable while a member of a reserve component of the
334+25 armed forces of the United States;
335+26 (2) the Indiana Army National Guard or the Indiana Air National
336+27 Guard:
337+28 (A) who was discharged or released from service under
338+29 conditions other than dishonorable; or
339+30 (B) whose death occurs under conditions other than
340+31 dishonorable while a member of the Indiana Army National
341+32 Guard or the Indiana Air National Guard; or
342+33 (3) the Reserve Officers' Training Corps of the United States
343+34 Army, United States Navy, or United States Air Force whose
344+35 death occurs under conditions other than dishonorable while a
345+36 member of the Reserve Officers' Training Corps of the United
346+37 States Army, United States Navy, or United States Air Force;
347+38 is eligible to be buried in the Indiana state veterans' cemetery
348+39 established by this chapter.
349+40 (d) The following relatives of an individual described in subsection
350+41 (c) are eligible to be buried in the Indiana state veterans' cemetery
351+42 established by this chapter:
352+ES 15—LS 6125/DI 153 8
353+1 (1) A spouse.
354+2 (2) A minor child.
355+3 (3) An unmarried adult child.
356+4 SECTION 12. IC 10-17-12-2, AS AMENDED BY P.L.50-2009,
357+5 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
358+6 JULY 1, 2024]: Sec. 2. As used in this chapter, "armed forces" includes
359+7 the active or reserve components of the following:
360+8 (1) The United States Army.
361+9 (2) The United States Navy.
362+10 (3) The United States Marine Corps.
363+11 (4) The United States Air Force.
364+12 (5) The United States Space Force.
365+13 (5) (6) The United States Coast Guard.
366+14 SECTION 13. IC 10-17-13.5-1.5 IS ADDED TO THE INDIANA
367+15 CODE AS A NEW SECTION TO READ AS FOLLOWS
368+16 [EFFECTIVE JULY 1, 2024]: Sec. 1.5. As used in this chapter,
369+17 "eligible person" means an individual residing in Indiana who is:
370+18 (1) an immediate family member (as defined in IC 3-5-5-0.5)
371+19 of the veteran; or
372+20 (2) the primary caregiver of the veteran.
373+21 SECTION 14. IC 10-17-13.5-1.7 IS ADDED TO THE INDIANA
374+22 CODE AS A NEW SECTION TO READ AS FOLLOWS
375+23 [EFFECTIVE JULY 1, 2024]: Sec. 1.7. As used in this chapter,
376+24 "primary caregiver" means an individual who:
377+25 (1) is at least eighteen (18) years of age;
378+26 (2) is:
379+27 (A) the veteran's:
380+28 (i) spouse;
381+29 (ii) parent or stepparent;
382+30 (iii) son, daughter, stepson, or stepdaughter;
383+31 (iv) brother, sister, stepbrother, or stepsister;
384+32 (v) niece or nephew;
385+33 (vi) aunt or uncle;
386+34 (vii) daughter-in-law or son-in-law; or
387+35 (viii) grandparent; or
388+36 (B) currently residing with the veteran on a full-time basis;
389+37 and
390+38 (3) provides care for the veteran, including:
391+39 (A) personal care services;
392+40 (B) essential household services; or
393+41 (C) everyday basic care.
394+42 SECTION 15. IC 10-17-13.5-3, AS ADDED BY P.L.217-2017,
395+ES 15—LS 6125/DI 153 9
396+1 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
397+2 JULY 1, 2024]: Sec. 3. As used in this chapter, "veteran" means an
398+3 individual residing in Indiana who:
399+4 (1) has served in any branch of the armed forces of the United
400+5 States or their reserves, in the national guard, or in the Indiana
401+6 National Guard; and
402+7 (2) has received a discharge from service under honorable
403+8 conditions. was discharged or released from service described
404+9 in subdivision (1) under conditions other than dishonorable.
405+10 SECTION 16. IC 10-17-13.5-4, AS AMENDED BY P.L.61-2023,
406+11 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
407+12 JULY 1, 2024]: Sec. 4. (a) The department may make grants to
408+13 qualified entities to be used for the purpose of providing services to
409+14 veterans or an eligible person, including the following:
410+15 (1) Programs focused on eliminating homelessness, preventing
411+16 near term homelessness, and providing safe and secure living
412+17 conditions.
413+18 (2) Assisting veterans or an eligible person in moving from
414+19 public housing assistance programs to:
415+20 (A) home ownership; or
416+21 (B) stable, long term rental status.
417+22 A grant under this chapter for the purpose specified in clause (B)
418+23 may include up to nine (9) months of rental assistance.
419+24 (3) Assisting veterans or an eligible person in finding and using
420+25 available federal and state resources.
421+26 (4) Providing therapeutic services.
422+27 (5) Providing job training and job search assistance.
423+28 (6) Preventing veteran suicide or suicide of an eligible person.
424+29 (b) The department may make grants to the provider chosen by the
425+30 Indiana department of health under section 6 of this chapter to be used
426+31 for the purpose of providing assistance to the provider to provide
427+32 diagnostic testing and hyperbaric oxygen treatment to veterans
428+33 receiving treatment under the pilot program established under section
429+34 6 of this chapter. However, a grant under this chapter may not be
430+35 awarded for the purposes specified in this subsection unless the Indiana
431+36 department of health has adopted the rules required by section 6(g) of
432+37 this chapter. In addition, a grant may not be awarded for the purposes
433+38 specified in this subsection after the expiration of the pilot program
434+39 established under section 6 of this chapter.
435+40 SECTION 17. IC 10-18-9-1, AS ADDED BY P.L.38-2008,
436+41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
437+42 JULY 1, 2024]: Sec. 1. As used in this chapter, "armed forces of the
438+ES 15—LS 6125/DI 153 10
439+1 United States" means the:
440+2 (1) the United States Army;
441+3 (2) the United States Navy;
442+4 (3) the United States Air Force;
443+5 (4) United States Space Force;
444+6 (4) (5) the United States Coast Guard; and
445+7 (5) (6) the United States Marine Corps.
446+8 SECTION 18. IC 16-31-3-10, AS AMENDED BY P.L.139-2023,
447+9 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
448+10 JULY 1, 2024]: Sec. 10. (a) Except as provided in subsection (b), to
449+11 renew a certificate or license issued under this chapter upon expiration
450+12 of the certificate or license for any reason, a person must comply with
451+13 any continuing education requirements that have been established by
452+14 the commission and complete training meeting standards set forth in
453+15 section 2(1)(E) of this chapter. To renew a certificate or license issued
454+16 under this chapter after a revocation of the certificate or license, a
455+17 person must comply with all the requirements of this chapter that apply
456+18 to the original certification or licensure.
457+19 (b) A renewal of an emergency medical technician or advanced
458+20 emergency medical technician certificate or a paramedic license shall
459+21 be issued to an individual who meets the following conditions:
460+22 (1) While holding a valid certificate or license, enters the armed
461+23 forces of the United States, including the:
462+24 (A) the United States Army;
463+25 (B) the United States Navy;
464+26 (C) the United States Air Force;
465+27 (D) the United States Marines; or
466+28 (E) the United States Coast Guard; or
467+29 (F) United States Space Force;
468+30 but excluding the guard and reserve components of those forces.
469+31 (2) Is discharged from the armed forces of the United States
470+32 within forty-eight (48) months after the individual entered the
471+33 armed forces.
472+34 (3) Successfully completes, not more than nine (9) months after
473+35 the individual's discharge from the armed forces of the United
474+36 States, a refresher course approved by the commission.
475+37 (4) Applies for the certificate or license renewal not more than
476+38 one (1) year after the individual's discharge from the armed forces
477+39 of the United States.
478+40 (5) Passes the written and practical skills examinations.
479+41 (c) A renewal of an emergency medical technician or advanced
480+42 emergency medical technician certificate or a paramedic license must
481+ES 15—LS 6125/DI 153 11
482+1 be issued to an individual who meets the following conditions:
483+2 (1) While holding a valid certificate or license, the individual is
484+3 called to active military duty as a member of the Indiana National
485+4 Guard or a reserve component of the armed forces of the United
486+5 States, including the:
487+6 (A) the United States Army;
488+7 (B) the United States Navy;
489+8 (C) the United States Air Force;
490+9 (D) the United States Marines; or
491+10 (E) the United States Coast Guard.
492+11 (2) The individual provides the emergency medical services
493+12 commission with a copy of the document from the armed forces
494+13 that called the individual to active duty.
495+14 (3) The individual applies for the certificate or license renewal
496+15 not more than one hundred twenty (120) days after the individual
497+16 leaves active duty.
498+17 SECTION 19. IC 16-33-4-1 IS AMENDED TO READ AS
499+18 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. As used in this
500+19 chapter, "armed forces of the United States" means the forces and
501+20 components of the:
502+21 (1) United States Army;
503+22 (2) United States Navy;
504+23 (3) United States Air Force;
505+24 (4) United States Marine Corps;
506+25 (5) United States Space Force; and
507+26 (6) United States Coast Guard.
508+27 SECTION 20. IC 20-33-2-17, AS ADDED BY P.L.1-2005,
509+28 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
510+29 JULY 1, 2024]: Sec. 17. The governing body of a school corporation,
511+30 the organizer of a charter school, or the chief administrative officer
512+31 of a nonpublic school system shall authorize the absence and excuse of
513+32 each secondary school student who is ordered to active duty with the
514+33 armed forces of the United States, including their reserve
515+34 components, or the Indiana National Guard for not more than ten (10)
516+35 at least fifteen (15) days in a school year. However, the governing
517+36 body of a school corporation, the organizer of a charter school, or
518+37 the chief administrative officer of a nonpubic school may authorize
519+38 additional excused absences for additional military training. For
520+39 verification, the student must submit to school authorities a copy of the
521+40 orders to active duty and a copy of the orders releasing the student from
522+41 active duty. A student excused from school attendance under this
523+42 section may not be recorded as being absent on any date for which the
524+ES 15—LS 6125/DI 153 12
525+1 excuse is operative and may not be penalized by the school in any
526+2 manner.
527+3 SECTION 21. IC 20-38-3-2, AS ADDED BY P.L.21-2009,
528+4 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
529+5 JULY 1, 2024]: Sec. 2. ARTICLE II. DEFINITIONS
530+6 As used in this compact, unless the context clearly requires a
531+7 different construction:
532+8 A. "Active duty" means full-time duty status in the armed forces
533+9 of the United States or the National Guard and Reserve on active
534+10 duty orders under 10 U.S.C. 1209 and 10 U.S.C. 1211.
535+11 B. "Children of military families" means school aged children
536+12 who are enrolled in kindergarten through grade 12 and are
537+13 members of the household of an active duty member.
538+14 C. "Compact commissioner" means the voting representative of
539+15 each member state appointed under section 9 of this chapter.
540+16 D. "Deployment" means the period beginning one (1) month
541+17 before a service member departs from the member's home station
542+18 on military orders and ending six (6) months after the service
543+19 member returns to the member's home station.
544+20 E. "Educational records" means the official records, files, and data
545+21 that are directly related to a student and maintained by a school or
546+22 local education agency. The term includes general identifying
547+23 data, records of attendance and academic work completed,
548+24 records of achievement and results of evaluative tests, health data,
549+25 disciplinary status, test protocols, and individualized education
550+26 programs.
551+27 F. "Extracurricular activities" means voluntary activities
552+28 sponsored by a school, a local education agency, or an
553+29 organization approved by a local education agency. The term
554+30 includes preparation for and involvement in public performances,
555+31 contests, athletic competitions, demonstrations, displays, and club
556+32 activities.
557+33 G. "Interstate commission" refers to the interstate commission on
558+34 Educational Opportunity for Military Children created by Article
559+35 IX of this compact.
560+36 H. "Local education agency" means a public administrative
561+37 agency authorized by the state to control and direct kindergarten
562+38 through grade 12 public educational institutions.
563+39 I. "Member state" means a state that has enacted this compact.
564+40 J. "Military installation" means a base, a camp, a post, a station,
565+41 a yard, a center, a homeport facility for a ship, or any other
566+42 activity under the jurisdiction of the United States Department of
567+ES 15—LS 6125/DI 153 13
568+1 Defense. The term includes a leased facility located within the
569+2 United States, the District of Columbia, the Commonwealth of
570+3 Puerto Rico, the United States Virgin Islands, Guam, American
571+4 Samoa, the Northern Marianas Mariana Islands, or any other
572+5 United States territory. The term does not include a facility used
573+6 primarily for civil works, rivers and harbors projects, or flood
574+7 control projects.
575+8 K. "Nonmember state" means a state that has not enacted this
576+9 compact.
577+10 L. "Receiving state" means the state to which a child of a military
578+11 family is sent, brought, or caused to be sent or brought.
579+12 M. "Rule" means a written statement by the interstate commission
580+13 adopted under Article XII of this compact that is of general
581+14 applicability, that implements, interprets, or prescribes a policy of
582+15 provision of the interstate compact, and that has the force and
583+16 effect of statutory law on a member state. The term includes the
584+17 amendment, repeal, or suspension of an existing rule.
585+18 N. "Sending state" means the state from which a child of a
586+19 military family is sent, brought, or caused to be sent or brought.
587+20 O. "State" means a state of the United States, the District of
588+21 Columbia, the Commonwealth of Puerto Rico, the United States
589+22 Virgin Islands, Guam, American Samoa, the Northern Marianas
590+23 Mariana Islands, or any other United States territory.
591+24 P. "Student" means a child of a military family for whom a local
592+25 education agency receives public funding and who is formally
593+26 enrolled in kindergarten through grade 12.
594+27 Q. "Transition" means the formal and physical process of
595+28 transferring a student between schools or the period during which
596+29 a student transfers from a school in the sending state to a school
597+30 in the receiving states.
598+31 R. "Uniformed services" means the United States Army, Navy,
599+32 Air Force, Marine Corps, Space Force, or Coast Guard. The term
600+33 includes the commission corp of the National Oceanic and
601+34 Atmospheric Administration and the Public Health Services.
602+35 S. "Veteran" means an individual who served in and was
603+36 discharged or released from the uniformed services under
604+37 conditions other than dishonorable.
605+38 SECTION 22. IC 21-14-1-2.7, AS ADDED BY P.L.144-2007,
606+39 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
607+40 JULY 1, 2024]: Sec. 2.7. For purposes of IC 21-14-9, "armed forces of
608+41 the United States" means the following:
609+42 (1) The United States Air Force.
610+ES 15—LS 6125/DI 153 14
611+1 (2) The United States Army.
612+2 (3) The United States Coast Guard.
613+3 (4) The United States Marine Corps.
614+4 (5) The United States Navy.
615+5 (6) The United States Space Force.
616+6 SECTION 23. IC 21-14-4-2, AS AMENDED BY P.L.112-2019,
617+7 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
618+8 JULY 1, 2024]: Sec. 2. (a) Subject to this section and section 2.5 of this
619+9 chapter, an eligible applicant is entitled to enter, remain, and receive
620+10 instruction in a state educational institution upon the same conditions,
621+11 qualifications, and regulations prescribed for other applicants for
622+12 admission to or scholars in the state educational institutions, without
623+13 the payment of any educational costs for one hundred twenty-four (124)
624+14 semester credit hours in the state educational institution.
625+15 (b) The maximum amount that an eligible applicant is exempt from
626+16 paying for a semester hour is an amount equal to the cost of an
627+17 undergraduate semester credit hour at the state educational institution
628+18 in which the eligible applicant enrolls.
629+19 (c) Notwithstanding any other provision of this chapter or another
630+20 law, a change in the criteria for or the amount of an exemption awarded
631+21 under this chapter enacted in the 2011 2024 session of the general
632+22 assembly applies only to an individual who qualifies for an exemption
633+23 under this chapter because of a father or mother (or in the case of
634+24 section 1(a)(1) of this chapter, a related member) who enlisted or
635+25 otherwise initially served in the armed forces of the United States after
636+26 June 30, 2011. 2017.
637+27 SECTION 24. IC 21-14-4-2.5, AS AMENDED BY P.L.112-2019,
638+28 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
639+29 JULY 1, 2024]: Sec. 2.5. (a) This section applies to an individual who
640+30 qualifies as an eligible applicant under section 1(a)(3) of this chapter
641+31 because the individual's father or mother:
642+32 (1) enlisted or otherwise initially served in the armed forces of the
643+33 United States after June 30, 2011; 2017; and
644+34 (2) suffered a disability as determined by the United States
645+35 Department of Veterans Affairs.
646+36 (b) This section does not apply to an individual who:
647+37 (1) is an eligible applicant under section 1(a)(3) of this chapter;
648+38 and
649+39 (2) qualifies as an eligible applicant under section 1(a)(1) or
650+40 1(a)(2) of this chapter.
651+41 (c) Subject to subsection (d) and section 2(b) of this chapter, the
652+42 eligible applicant is entitled to a reduction in the educational costs that
653+ES 15—LS 6125/DI 153 15
654+1 would otherwise apply as follows:
655+2 (1) If the individual's father or mother suffered a disability as
656+3 determined by the United States Department of Veterans Affairs
657+4 with a rating of eighty percent (80%) or more, the individual is
658+5 entitled to a one hundred percent (100%) reduction in education
659+6 costs.
660+7 (2) If the individual's father or mother suffered a disability as
661+8 determined by the United States Department of Veterans Affairs
662+9 with a rating of less than eighty percent (80%), the individual is
663+10 entitled to a reduction in education costs equal to the sum of:
664+11 (A) twenty percent (20%); plus
665+12 (B) the disability rating of the individual's father or mother.
666+13 (d) The latest disability rating determined by the United States
667+14 Department of Veterans Affairs for an individual's father or mother
668+15 shall be used to compute the percentage by which education costs are
669+16 reduced under this section. If the disability rating of the individual's
670+17 father or mother changes after the beginning of an academic semester,
671+18 quarter, or other period for which educational costs have been reduced
672+19 under this section, the change in disability rating shall be applied
673+20 beginning with the immediately following academic semester, quarter,
674+21 or other period.
675+22 SECTION 25. IC 21-27-2-1.5, AS ADDED BY P.L.22-2018,
676+23 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
677+24 JULY 1, 2024]: Sec. 1.5. (a) As used in this section, "academic term"
678+25 has the meaning set forth in IC 21-12-1-2.
679+26 (b) As used in this section, "active duty" has the meaning set forth
680+27 in IC 10-16-7-23(a).
681+28 (c) As used in this section, "armed forces" means the:
682+29 (1) United States Air Force;
683+30 (2) United States Army;
684+31 (3) United States Coast Guard;
685+32 (4) United States Marine Corps; and
686+33 (5) United States Navy; and
687+34 (6) United States Space Force.
688+35 (d) As used in this section, "qualified student" means a member of:
689+36 (1) the Indiana National Guard;
690+37 (2) the National Guard of a state contiguous to Indiana;
691+38 (3) a reserve component of the armed forces of the United States;
692+39 or
693+40 (4) the armed forces;
694+41 enrolled in a state educational institution.
695+42 (e) The board of trustees of a state educational institution shall allow
696+ES 15—LS 6125/DI 153 16
697+1 a qualified student on active duty or called to active duty during an
698+2 academic term to exercise any of the following options:
699+3 (1) Reenroll in any course for which the qualified student had
700+4 remitted tuition but that the qualified student was not able to
701+5 complete due to active duty status. Course reenrollment shall be
702+6 offered to any qualified student:
703+7 (A) for a period not to exceed four (4) years after the date of
704+8 the qualified student's release from active duty; and
705+9 (B) without additional tuition, student fees, or related charges.
706+10 (2) Receive a refund for tuition and fees paid by the qualified
707+11 student for the academic term in which the qualified student was
708+12 called or ordered to active duty, or based on the qualified student's
709+13 active duty status.
710+14 (3) Receive a credit for a subsequent academic term in the amount
711+15 of the tuition and fees paid during the academic term for courses
712+16 that the qualified student did not complete due to active duty
713+17 status.
714+18 (f) If a qualified student has been fully reimbursed for tuition, fees,
715+19 and charges for a course that the qualified student did not complete due
716+20 to active duty status, the qualified student is not entitled to further
717+21 reimbursement under this section.
718+22 SECTION 26. IC 22-2-13-2, AS ADDED BY P.L.151-2007,
719+23 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
720+24 JULY 1, 2024]: Sec. 2. As used in this chapter, "armed forces of the
721+25 United States" means the active or reserve components of the:
722+26 (1) the United States Army;
723+27 (2) the United States Navy;
724+28 (3) the United States Air Force;
725+29 (4) the United States Coast Guard;
726+30 (5) the United States Marine Corps; or
727+31 (6) United States Space Force; or
728+32 (6) (7) the United States Merchant Marine.
729+33 SECTION 27. IC 22-2-19 IS ADDED TO THE INDIANA CODE
730+34 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
731+35 JULY 1, 2024]:
732+36 Chapter 19. Veterans' Benefits and Services Information
733+37 Sec. 1. (a) As used in this chapter, "department of labor" refers
734+38 to the department of labor created by IC 22-1-1-1.
735+39 (b) As used in this chapter, "department of veterans' affairs"
736+40 refers to the Indiana department of veterans' affairs established by
737+41 IC 10-17-1-2.
738+42 Sec. 2. The department of labor shall consult with the
739+ES 15—LS 6125/DI 153 17
740+1 department of veterans' affairs to create and distribute to
741+2 employers described in section 4 of this chapter a veterans' benefits
742+3 and services poster.
743+4 Sec. 3. The poster described in section 2 of this chapter must
744+5 contain:
745+6 (1) information concerning benefits and services available to
746+7 veterans, including:
747+8 (A) substance abuse and mental health treatment;
748+9 (B) federal disability compensation;
749+10 (C) educational resources;
750+11 (D) employment and reemployment rights;
751+12 (E) tax credits, exemptions, and refunds;
752+13 (F) Indiana veteran driver's licenses and photo
753+14 identification cards;
754+15 (G) free or low cost legal assistance; and
755+16 (H) minority veteran resources; and
756+17 (2) contact information for the following:
757+18 (A) The United States Department of Veterans Affairs.
758+19 (B) The department of veterans' affairs.
759+20 (C) The Veterans Crisis Line.
760+21 Sec. 4. Every employer under the jurisdiction of the department
761+22 of labor with more than fifty (50) full-time employees (or their
762+23 equivalent) shall display the poster distributed under section 2 of
763+24 this chapter in a conspicuous place where employees are employed.
764+25 SECTION 28. IC 22-9-9-2, AS ADDED BY P.L.151-2007,
765+26 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
766+27 JULY 1, 2024]: Sec. 2. As used in this chapter, "armed forces of the
767+28 United States" means the active or reserve components of the:
768+29 (1) United States Army;
769+30 (2) United States Navy;
770+31 (3) United States Air Force;
771+32 (4) United States Coast Guard;
772+33 (5) United States Marine Corps; or
773+34 (6) United States Space Force; or
774+35 (6) (7) United States Merchant Marine.
775+36 SECTION 29. IC 23-14-73-1 IS AMENDED TO READ AS
776+37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. As used in this
777+38 chapter, "member of the armed forces" means an individual who served
778+39 on active duty in the:
779+40 (1) United States Army;
780+41 (2) United States Navy;
781+42 (3) United States Air Force;
782+ES 15—LS 6125/DI 153 18
783+1 (4) United States Marine Corps;
784+2 (5) United States Space Force; or
785+3 (6) United States Coast Guard. of the United States.
786+4 SECTION 30. IC 25-1-12-3, AS AMENDED BY P.L.2-2005,
787+5 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
788+6 JULY 1, 2024]: Sec. 3. As used in this chapter, "armed forces of the
789+7 United States" means the active or reserve components of the:
790+8 (1) the United States Army;
791+9 (2) the United States Navy;
792+10 (3) the United States Air Force;
793+11 (4) the United States Coast Guard;
794+12 (5) the United States Marine Corps; or
795+13 (6) United States Space Force; or
796+14 (6) (7) the United States Merchant Marine.
797+15 SECTION 31. IC 25-36.1-2-5, AS ADDED BY P.L.97-2009,
798+16 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
799+17 JULY 1, 2024]: Sec. 5. (a) Except as provided in section 4 of this
800+18 chapter, an individual may not practice surgical technology in a health
801+19 care facility unless the individual meets one (1) of the following
802+20 requirements:
803+21 (1) Is certified under IC 25-36.1-1.
804+22 (2) Has completed a surgical technology program provided by the
805+23 United States Army, United States Navy, United States Air
806+24 Force, United States Marine Corps, United States Space Force,
807+25 or United States Coast Guard, or the commissioned corps of the
808+26 United States Public Health Service.
809+27 (3) Provides evidence to the health care facility that the individual
810+28 was employed to practice surgical technology in a health care
811+29 facility before July 1, 2009.
812+30 (4) Is performing duties related to the individual's employment by
813+31 the federal government.
814+32 (5) Is practicing surgical technology during the twelve (12) month
815+33 period immediately following the completion of a degree from an
816+34 accredited school of surgical technology.
817+35 (6) Has the appropriate abilities, as determined by the health care
818+36 facility.
819+37 (b) An individual who is:
820+38 (1) described in subsection (a)(1), (a)(2), or (a)(3); and
821+39 (2) practicing surgical technology in a health care facility;
822+40 annually shall complete fifteen (15) hours of continuing education
823+41 concerning surgical technology in order to continue practicing surgical
824+42 technology.
825+ES 15—LS 6125/DI 153 19
826+1 (c) An individual who wants to practice surgical technology in a
827+2 health care facility is responsible for establishing to the satisfaction of
828+3 the health care facility that the individual has complied with this
829+4 section.
830+5 (d) An individual practicing surgical technology in a health care
831+6 facility is responsible for immediately notifying in writing the
832+7 governing body of the health care facility, or the governing body's
833+8 designee, of any changes in the individual's compliance with this
834+9 section.
835+10 (e) A health care facility shall maintain copies of any written
836+11 documentation provided by the individual to the health care facility
837+12 under subsection (c) or (d) to show compliance with this section.
838+13 (f) This chapter does not require a health care facility to permit an
839+14 individual described in subsection (a) to perform surgical technology
840+15 services at the health care facility.
841+16 SECTION 32. IC 27-1-22-26 IS AMENDED TO READ AS
842+17 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 26. (a) As used in this
843+18 section, "armed forces" means the following:
844+19 (1) The United States Army.
845+20 (2) The United States Navy.
846+21 (3) The United States Air Force.
847+22 (4) The United States Marine Corps.
848+23 (5) The United States Space Force.
849+24 (5) (6) The United States Coast Guard.
850+25 (b) This section applies only to an individual:
851+26 (1) who is applying for motor vehicle insurance; and
852+27 (2) who:
853+28 (A) is serving in one (1) of the armed forces; or
854+29 (B) has served in one (1) of the armed forces within six (6)
855+30 months before applying for motor vehicle insurance.
856+31 (c) As used in this section, "motor vehicle insurance" means any
857+32 type of insurance described in IC 27-1-5-1, Class 2(f).
858+33 (d) As used in this chapter, "rating plan" means the rating schedule
859+34 or rating plan of an insurer concerning premium rates for motor vehicle
860+35 insurance that has been filed with the commissioner and is in effect
861+36 under section 4 of this chapter.
862+37 (e) An insurer may not set the premium rate for a policy of motor
863+38 vehicle insurance for an individual described in subsection (b) at an
864+39 amount higher than the applicable rate set forth in the rating plan due
865+40 to the fact that the individual has not been covered by motor vehicle
866+41 insurance for a period of time.
867+42 (f) The violation of this section is an unfair and deceptive act or
868+ES 15—LS 6125/DI 153 20
869+1 practice in the business of insurance under IC 27-4-1-4.
870+2 SECTION 33. IC 27-1-22-26.1, AS ADDED BY P.L.39-2005,
871+3 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
872+4 JULY 1, 2024]: Sec. 26.1. (a) As used in this section, "armed forces"
873+5 means the active and reserve components of the following:
874+6 (1) The United States Army.
875+7 (2) The United States Navy.
876+8 (3) The United States Air Force.
877+9 (4) The United States Marine Corps.
878+10 (5) The United States Space Force.
879+11 (5) (6) The United States Coast Guard.
880+12 (6) (7) The Indiana National Guard.
881+13 (b) As used in this section, "motor vehicle insurance" means any
882+14 type of insurance described in IC 27-1-5-1, Class 2(f).
883+15 (c) As used in this chapter, "rating plan" means the rating schedule
884+16 or rating plan of an insurer:
885+17 (1) concerning premium rates for motor vehicle insurance;
886+18 (2) that has been filed with the commissioner; and
887+19 (3) that is in effect under section 4 of this chapter.
888+20 (d) An insurer that issues or renews a policy of motor vehicle
889+21 insurance may not set the premium rate for a policy of motor vehicle
890+22 insurance that covers an individual who is serving in one (1) of the
891+23 armed forces at an amount higher than the applicable rate set forth in
892+24 the rating plan for a policy of motor vehicle insurance that covers an
893+25 individual who is not serving in one (1) of the armed forces.
894+26 (e) A violation of this section is an unfair and deceptive act or
895+27 practice in the business of insurance under IC 27-4-1-4.
896+28 SECTION 34. IC 27-7-14-1, AS ADDED BY P.L.146-2015,
897+29 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
898+30 JULY 1, 2024]: Sec. 1. As used in this chapter, "armed forces" means
899+31 the active and reserve components of the following:
900+32 (1) The United States Army.
901+33 (2) The United States Navy.
902+34 (3) The United States Air Force.
903+35 (4) The United States Marine Corps.
904+36 (5) The United States Space Force.
905+37 (5) (6) The United States Coast Guard.
906+38 (6) (7) The Indiana National Guard.
907+39 SECTION 35. IC 29-3-9-1, AS AMENDED BY P.L.50-2021,
908+40 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
909+41 JULY 1, 2024]: Sec. 1. (a) As used in this section, "department" means
910+42 the department of child services established by IC 31-25-1-1.
911+ES 15—LS 6125/DI 153 21
912+1 (b) As used in this section and except as otherwise provided in this
913+2 section, "foster care" has the meaning set forth in IC 31-9-2-46.7.
914+3 (c) Except as provided in subsections (d) and (h), by a properly
915+4 executed power of attorney, a parent of a minor or a guardian (other
916+5 than a temporary guardian) of a protected person may delegate to
917+6 another person for:
918+7 (1) any period during which the care and custody of the minor or
919+8 protected person is entrusted to an institution furnishing care,
920+9 custody, education, or training; or
921+10 (2) a period not exceeding twelve (12) months;
922+11 any powers regarding health care, support, custody, or property of the
923+12 minor or protected person. A delegation described in this subsection is
924+13 effective immediately unless otherwise stated in the power of attorney.
925+14 (d) A parent of a minor or a guardian of a protected person may not
926+15 delegate under subsection (c) the power to:
927+16 (1) consent to the marriage or adoption of a protected person who
928+17 is a minor; or
929+18 (2) petition the court to request the authority to petition for
930+19 dissolution of marriage, legal separation, or annulment of
931+20 marriage on behalf of a protected person as provided under
932+21 section 12.2 of this chapter.
933+22 (e) Subject to IC 30-5-5-16, a person having a power of attorney
934+23 executed under subsection (c) has and shall exercise, for the period
935+24 during which the power is effective, all other authority of the parent or
936+25 guardian respecting the health care, support, custody, or property of the
937+26 minor or protected person except any authority expressly excluded in
938+27 the written instrument delegating the power. The parent or guardian
939+28 remains responsible for any act or omission of the person having the
940+29 power of attorney with respect to the affairs, property, and person of the
941+30 minor or protected person as though the power of attorney had never
942+31 been executed.
943+32 (f) A delegation of powers executed under subsection (c) does not,
944+33 as a result of the execution of the power of attorney, subject any of the
945+34 parties to any laws, rules, or regulations concerning the licensing or
946+35 regulation of foster family homes, child placing agencies, or child
947+36 caring institutions under IC 31-27.
948+37 (g) Any child who is the subject of a power of attorney executed
949+38 under subsection (c) is not considered to be placed in foster care. The
950+39 parties to a power of attorney executed under subsection (c), including
951+40 a child, a protected person, a parent or guardian of a child or protected
952+41 person, or an attorney-in-fact, are not, as a result of the execution of the
953+42 power of attorney, subject to any foster care requirements or foster care
954+ES 15—LS 6125/DI 153 22
955+1 licensing regulations.
956+2 (h) A foster family home licensed under IC 31-27-4 may not provide
957+3 overnight or regular and continuous care and supervision to a child
958+4 who is the subject of a power of attorney executed under subsection (c)
959+5 while providing care to a child placed in the home by the department
960+6 or under a juvenile court order under a foster family home license.
961+7 Upon request, the department may grant an exception to this
962+8 subsection.
963+9 (i) A parent who:
964+10 (1) is a member in the:
965+11 (A) active or reserve component of the armed forces of the
966+12 United States, including the:
967+13 (i) United States Army;
968+14 (ii) United States Navy;
969+15 (iii) United States Air Force;
970+16 (iv) United States Space Force;
971+17 (v) United States Marine Corps;
972+18 (vi) National Guard; or
973+19 (vii) United States Coast Guard; or
974+20 (B) commissioned corps of the:
975+21 (i) National Oceanic and Atmospheric Administration; or
976+22 (ii) Public Health Service of the United States Department
977+23 of Health and Human Services;
978+24 detailed by proper authority for duty with the United States
979+25 Army or United States Navy; of the United States; or
980+26 (2) is required to:
981+27 (A) enter or serve in the active military service of the United
982+28 States under a call or order of the President of the United
983+29 States; or
984+30 (B) serve on state active duty;
985+31 may delegate the powers designated in subsection (c) for a period
986+32 longer than twelve (12) months if the parent is on active duty service.
987+33 However, the term of delegation may not exceed the term of active duty
988+34 service plus thirty (30) days. The power of attorney must indicate that
989+35 the parent is required to enter or serve in the active military service of
990+36 the United States and include the estimated beginning and ending dates
991+37 of the active duty service.
992+38 (j) Except as otherwise stated in the power of attorney delegating
993+39 powers under this section, a delegation of powers under this section
994+40 may be revoked at any time by a written instrument of revocation that:
995+41 (1) identifies the power of attorney revoked; and
996+42 (2) is signed by the:
997+ES 15—LS 6125/DI 153 23
998+1 (A) parent of a minor; or
999+2 (B) guardian of a protected person;
1000+3 who executed the power of attorney.
1001+4 SECTION 36. IC 33-42-9-10, AS AMENDED BY
1002+5 P.L.215-2018(ss), SECTION 14, IS AMENDED TO READ AS
1003+6 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) A notarial act
1004+7 performed under federal law shall be presumed valid and has the same
1005+8 effect as a notarial act performed by a notarial officer of Indiana if the
1006+9 notarial act performed under federal law is performed by:
1007+10 (1) a judge, clerk, or deputy clerk of a court;
1008+11 (2) an individual who is authorized to perform the notarial act
1009+12 under federal law and is:
1010+13 (A) presently serving in the armed forces of the United States;
1011+14 or
1012+15 (B) performing duties under the authority of the armed forces
1013+16 of the United States;
1014+17 (3) an individual designated as a notarial officer by the United
1015+18 States Department of State for the purpose of performing notarial
1016+19 acts overseas;
1017+20 (4) a commissioned officer with the rank of:
1018+21 (A) second lieutenant or higher in the active service of the:
1019+22 (i) United States Army;
1020+23 (ii) United States Marine Corps; or
1021+24 (iii) United States Air Force; or
1022+25 (iv) United States Space Force; or
1023+26 (B) ensign or higher in the active service of the:
1024+27 (i) United States Coast Guard; or
1025+28 (ii) United States Navy; or
1026+29 (5) any other individual authorized by federal law to perform the
1027+30 notarial act.
1028+31 (b) The signature and title of an individual acting under federal
1029+32 authority while performing a notarial act are prima facie evidence of
1030+33 the fact that:
1031+34 (1) the signature is genuine; and
1032+35 (2) the individual holds the designated title.
1033+36 (c) The signature and title of a notarial officer described in
1034+37 subsection (a)(1), (a)(2), or (a)(3) conclusively establish the authority
1035+38 of the notarial officer to perform the notarial act.
1036+39 SECTION 37. IC 35-42-4-7, AS AMENDED BY P.L.133-2023,
1037+40 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1038+41 JULY 1, 2024]: Sec. 7. (a) As used in this section, "adoptive parent"
1039+42 has the meaning set forth in IC 31-9-2-6.
1040+ES 15—LS 6125/DI 153 24
1041+1 (b) As used in this section, "adoptive grandparent" means the parent
1042+2 of an adoptive parent.
1043+3 (c) As used in this section, "charter school" has the meaning set
1044+4 forth in IC 20-18-2-2.5.
1045+5 (d) As used in this section, "child care worker" means a person who:
1046+6 (1) provides care, supervision, or instruction to a child within the
1047+7 scope of the person's employment in a shelter care facility;
1048+8 (2) is employed by a:
1049+9 (A) school corporation;
1050+10 (B) charter school;
1051+11 (C) nonpublic school; or
1052+12 (D) special education cooperative;
1053+13 attended by a child who is the victim of a crime under this
1054+14 chapter; or
1055+15 (3) is:
1056+16 (A) affiliated with a:
1057+17 (i) school corporation;
1058+18 (ii) charter school;
1059+19 (iii) nonpublic school; or
1060+20 (iv) special education cooperative;
1061+21 attended by a child who is the victim of a crime under this
1062+22 chapter, regardless of how or whether the person is
1063+23 compensated;
1064+24 (B) in a position of trust in relation to a child who attends the
1065+25 school or cooperative;
1066+26 (C) engaged in the provision of care or supervision to a child
1067+27 who attends the school or cooperative; and
1068+28 (D) at least four (4) years older than the child who is the
1069+29 victim of a crime under this chapter.
1070+30 The term does not include a student who attends the school or
1071+31 cooperative.
1072+32 (e) As used in this section, "coach" means a person who:
1073+33 (1) provides care, supervision, or instruction to a child within the
1074+34 scope of the person's employment in a youth sports organization;
1075+35 (2) is employed by a youth sports organization attended by a child
1076+36 who is the victim of a crime under this chapter; or
1077+37 (3) is:
1078+38 (A) affiliated with a youth sports organization attended by a
1079+39 child who is the victim of a crime under this chapter,
1080+40 regardless of how or whether the person is compensated;
1081+41 (B) in a position of trust in relation to a child who participates
1082+42 in the youth sports organization;
1083+ES 15—LS 6125/DI 153 25
1084+1 (C) engaged in the provision of care or supervision to a child
1085+2 who participates in the youth sports organization; and
1086+3 (D) at least four (4) years older than the child who is the
1087+4 victim of a crime under this chapter.
1088+5 This term includes a coach who is nonteaching or a volunteer.
1089+6 (f) As used in this section, "custodian" means any person who
1090+7 resides with a child and is responsible for the child's welfare.
1091+8 (g) As used in this section, "mental health professional" means:
1092+9 (1) a mental health counselor licensed under IC 25-23.6-8.5;
1093+10 (2) a psychologist; or
1094+11 (3) a psychiatrist.
1095+12 (h) As used in this section, "military recruiter" means a member of:
1096+13 (1) the United States Air Force;
1097+14 (2) the United States Army;
1098+15 (3) the United States Coast Guard;
1099+16 (4) the United States Marine Corps;
1100+17 (5) the United States Navy;
1101+18 (6) the United States Space Force;
1102+19 (6) (7) any reserve components of the military forces listed in
1103+20 subdivisions (1) through (5); or
1104+21 (7) (8) the Indiana National Guard;
1105+22 whose primary job function, classification, or specialty is recruiting
1106+23 individuals to enlist with an entity listed in subdivisions (1) through
1107+24 (7). (8).
1108+25 (i) As used in this section, "nonpublic school" has the meaning set
1109+26 forth in IC 20-18-2-12.
1110+27 (j) For purposes of this section, a person has a "professional
1111+28 relationship" with a child if:
1112+29 (1) the person:
1113+30 (A) has a license issued by the state or a political subdivision
1114+31 on the basis of the person's training and experience that
1115+32 authorizes the person to carry out a particular occupation; or
1116+33 (B) is employed in a position in which counseling, supervising,
1117+34 instructing, or recruiting children forms a significant part of
1118+35 the employment; and
1119+36 (2) the person has a relationship with a child that is based on the
1120+37 person's employment or licensed status as described in
1121+38 subdivision (1).
1122+39 The term includes a relationship between a child and a mental health
1123+40 professional or military recruiter. The term does not include a coworker
1124+41 relationship between a child and a person described in subdivision
1125+42 (1)(B).
1126+ES 15—LS 6125/DI 153 26
1127+1 (k) As used in this section, "school corporation" has the meaning set
1128+2 forth in IC 20-18-2-16.
1129+3 (l) As used in this section, "special education cooperative" has the
1130+4 meaning set forth in IC 20-35-5-1.
1131+5 (m) As used in this section, "stepparent" means an individual who
1132+6 is married to a child's custodial or noncustodial parent and is not the
1133+7 child's adoptive parent.
1134+8 (n) As used in this section, "workplace supervisor" means an
1135+9 individual who has authority over a child while the child is employed
1136+10 at the child's place of employment. The term includes a person who is
1137+11 responsible for determining the child's wages (including whether the
1138+12 child will receive a raise) or who otherwise has the authority to take an
1139+13 adverse employment action against the child.
1140+14 (o) As used in this section, "youth sports organization" means an
1141+15 athletic or recreational program that is organized for:
1142+16 (1) competition against another team, club, or entity; or
1143+17 (2) athletic instruction;
1144+18 predominantly for children less than eighteen (18) years of age.
1145+19 (p) If a person who:
1146+20 (1) is at least eighteen (18) years of age; and
1147+21 (2) is the:
1148+22 (A) guardian, adoptive parent, adoptive grandparent,
1149+23 custodian, or stepparent of;
1150+24 (B) child care worker for; or
1151+25 (C) coach of;
1152+26 a child less than eighteen (18) years of age;
1153+27 engages with the child in sexual intercourse, other sexual conduct (as
1154+28 defined in IC 35-31.5-2-221.5), or any fondling or touching with the
1155+29 intent to arouse or satisfy the sexual desires of either the child or the
1156+30 adult, the person commits child seduction.
1157+31 (q) A person who:
1158+32 (1) has or had a professional relationship with a child less than
1159+33 eighteen (18) years of age whom the person knows to be less than
1160+34 eighteen (18) years of age;
1161+35 (2) may exert undue influence on the child because of the person's
1162+36 current or previous professional relationship with the child; and
1163+37 (3) uses or exerts the person's professional relationship to engage
1164+38 in sexual intercourse, other sexual conduct (as defined in
1165+39 IC 35-31.5-2-221.5), or any fondling or touching with the child
1166+40 with the intent to arouse or satisfy the sexual desires of the child
1167+41 or the person;
1168+42 commits child seduction.
1169+ES 15—LS 6125/DI 153 27
1170+1 (r) A law enforcement officer who:
1171+2 (1) is at least four (4) years older than a child who is less than
1172+3 eighteen (18) years of age;
1173+4 (2) has contact with the child while acting within the scope of the
1174+5 law enforcement officer's official duties with respect to the child;
1175+6 and
1176+7 (3) uses or exerts the law enforcement officer's professional
1177+8 relationship with the child to engage with the child in:
1178+9 (A) sexual intercourse;
1179+10 (B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
1180+11 or
1181+12 (C) any fondling or touching with the child with the intent to
1182+13 arouse or satisfy the sexual desires of the child or the law
1183+14 enforcement officer;
1184+15 commits child seduction.
1185+16 (s) In determining whether a person used or exerted the person's
1186+17 professional relationship with the child to engage in sexual intercourse,
1187+18 other sexual conduct (as defined in IC 35-31.5-2-221.5), or any
1188+19 fondling or touching with the intent to arouse or satisfy the sexual
1189+20 desires of the child or the person under this section, the trier of fact
1190+21 may consider one (1) or more of the following:
1191+22 (1) The age difference between the person and the child.
1192+23 (2) Whether the person was in a position of trust with respect to
1193+24 the child.
1194+25 (3) Whether the person's conduct with the child violated any
1195+26 ethical obligations of the person's profession or occupation.
1196+27 (4) The authority that the person had over the child.
1197+28 (5) Whether the person exploited any particular vulnerability of
1198+29 the child.
1199+30 (6) Any other evidence relevant to the person's ability to exert
1200+31 undue influence over the child.
1201+32 (t) This subsection does not apply to a workplace supervisor who
1202+33 had a dating relationship with the child before the child was employed
1203+34 at the place of employment. A workplace supervisor who:
1204+35 (1) is at least four (4) years older than a child who is less than
1205+36 eighteen (18) years of age;
1206+37 (2) supervises the child at the child's place of employment; and
1207+38 (3) uses or exerts the workplace supervisor's supervisory
1208+39 relationship with the child to engage with the child in:
1209+40 (A) sexual intercourse;
1210+41 (B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
1211+42 or
1212+ES 15—LS 6125/DI 153 28
1213+1 (C) any fondling or touching with the child with the intent to
1214+2 arouse or satisfy the sexual desires of the child or the
1215+3 workplace supervisor;
1216+4 commits child seduction.
1217+5 (u) In determining whether a workplace supervisor used or exerted
1218+6 the workplace supervisor's relationship with the child to engage in
1219+7 sexual intercourse, other sexual conduct (as defined in
1220+8 IC 35-31.5-2-221.5), or any fondling or touching with the intent to
1221+9 arouse or satisfy the sexual desires of the child or the workplace
1222+10 supervisor, the trier of fact may consider one (1) or more of the
1223+11 following:
1224+12 (1) The age difference between the workplace supervisor and the
1225+13 child.
1226+14 (2) Whether the workplace supervisor was in a position of trust
1227+15 with respect to the child.
1228+16 (3) Whether the workplace supervisor suggested to the child that
1229+17 engaging or not engaging in sexual activity with the workplace
1230+18 supervisor would or could affect the child at the child's place of
1231+19 employment.
1232+20 (4) The authority that the workplace supervisor had over the child.
1233+21 (5) Whether the workplace supervisor exploited any particular
1234+22 vulnerability of the child.
1235+23 (6) Any other evidence relevant to the workplace supervisor's
1236+24 ability to exert undue influence over the child.
1237+25 (v) Child seduction under this section is:
1238+26 (1) a Level 6 felony if the child is at least sixteen (16) years of age
1239+27 but less than eighteen (18) years of age and the person or law
1240+28 enforcement officer engaged in any fondling or touching with the
1241+29 intent to arouse or satisfy the sexual desires of:
1242+30 (A) the child; or
1243+31 (B) the person or law enforcement officer;
1244+32 (2) a Level 5 felony if the child is at least sixteen (16) years of age
1245+33 but less than eighteen (18) years of age and the person or law
1246+34 enforcement officer engaged in sexual intercourse or other sexual
1247+35 conduct (as defined in IC 35-31.5-2-221.5) with the child;
1248+36 (3) a Level 5 felony if the child is at least fourteen (14) years of
1249+37 age but less than sixteen (16) years of age and the person or law
1250+38 enforcement officer engaged in any fondling or touching with the
1251+39 intent to arouse or satisfy the sexual desires of:
1252+40 (A) the child; or
1253+41 (B) the person or law enforcement officer;
1254+42 (4) a Level 4 felony if the child is at least fourteen (14) years of
1255+ES 15—LS 6125/DI 153 29
1256+1 age but less than sixteen (16) years of age and the person or law
1257+2 enforcement officer engaged in sexual intercourse or other sexual
1258+3 conduct (as defined in IC 35-31.5-2-221.5) with the child;
1259+4 (5) a Level 3 felony if the child is thirteen (13) years of age or
1260+5 under and the person or law enforcement officer engaged in any
1261+6 fondling or touching with the intent to arouse or satisfy the sexual
1262+7 desires of:
1263+8 (A) the child; or
1264+9 (B) the person or law enforcement officer; and
1265+10 (6) a Level 2 felony if the child is thirteen (13) years of age or
1266+11 under and the person or law enforcement officer engaged in
1267+12 sexual intercourse or other sexual conduct (as defined in
1268+13 IC 35-31.5-2-221.5) with the child.
1269+14 SECTION 38. IC 36-8-4.7-3, AS ADDED BY P.L.115-2016,
1270+15 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1271+16 JULY 1, 2024]: Sec. 3. As used in this chapter, "armed forces" means
1272+17 the active and reserve components of the following:
1273+18 (1) The United States Army.
1274+19 (2) The United States Navy.
1275+20 (3) The United States Air Force.
1276+21 (4) The United States Marine Corps.
1277+22 (5) The United States Space Force.
1278+23 (5) (6) The United States Coast Guard.
1279+24 (6) (7) The Indiana National Guard.
1280+ES 15—LS 6125/DI 153 30
1281+COMMITTEE REPORT
1282+Madam President: The Senate Committee on Veterans Affairs and
1283+The Military, to which was referred Senate Bill No. 15, has had the
1284+same under consideration and begs leave to report the same back to the
1285+Senate with the recommendation that said bill DO PASS.
1286+ (Reference is to SB 15 as introduced.)
1287+
1288+TOMES, Chairperson
1289+Committee Vote: Yeas 7, Nays 0
1290+_____
1291+COMMITTEE REPORT
1292+Mr. Speaker: Your Committee on Veterans Affairs and Public
1293+Safety, to which was referred Senate Bill 15, has had the same under
1294+consideration and begs leave to report the same back to the House with
1295+the recommendation that said bill be amended as follows:
1296+Page 1, between the enacting clause and line 1, begin a new
1297+paragraph and insert:
1298+"SECTION 1. IC 21-14-4-2, AS AMENDED BY P.L.112-2019,
1299+SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1300+JULY 1, 2024]: Sec. 2. (a) Subject to this section and section 2.5 of this
1301+chapter, subsection (b), an eligible applicant is entitled to enter,
1302+remain, and receive instruction in a state educational institution upon
1303+the same conditions, qualifications, and regulations prescribed for other
1304+applicants for admission to or scholars in the state educational
1305+institutions, without the payment of any educational costs for one
1306+hundred twenty-four (124) semester credit hours in the state
1307+educational institution.
1308+(b) The maximum amount that an eligible applicant is exempt from
1309+paying for a semester hour is an amount equal to the cost of an
1310+undergraduate semester credit hour at the state educational institution
1311+in which the eligible applicant enrolls.
1312+(c) Notwithstanding any other provision of this chapter or another
1313+law, a change in the criteria for or the amount of an exemption awarded
1314+under this chapter enacted in the 2011 session of the general assembly
1315+applies only to an individual who qualifies for an exemption under this
1316+chapter because of a father or mother (or in the case of section 1(a)(1)
1317+of this chapter, a related member) who enlisted or otherwise initially
1318+served in the armed forces of the United States after June 30, 2011.
1319+ES 15—LS 6125/DI 153 31
1320+SECTION 2. IC 21-14-4-2.5 IS REPEALED [EFFECTIVE JULY
1321+1, 2024]. Sec. 2.5. (a) This section applies to an individual who
1322+qualifies as an eligible applicant under section 1(a)(3) of this chapter
1323+because the individual's father or mother:
1324+(1) enlisted or otherwise initially served in the armed forces of the
1325+United States after June 30, 2011; and
1326+(2) suffered a disability as determined by the United States
1327+Department of Veterans Affairs.
1328+(b) This section does not apply to an individual who:
1329+(1) is an eligible applicant under section 1(a)(3) of this chapter;
1330+and
1331+(2) qualifies as an eligible applicant under section 1(a)(1) or
1332+1(a)(2) of this chapter.
1333+(c) Subject to subsection (d) and section 2(b) of this chapter, the
1334+eligible applicant is entitled to a reduction in the educational costs that
1335+would otherwise apply as follows:
1336+(1) If the individual's father or mother suffered a disability as
1337+determined by the United States Department of Veterans Affairs
1338+with a rating of eighty percent (80%) or more, the individual is
1339+entitled to a one hundred percent (100%) reduction in education
1340+costs.
1341+(2) If the individual's father or mother suffered a disability as
1342+determined by the United States Department of Veterans Affairs
1343+with a rating of less than eighty percent (80%), the individual is
1344+entitled to a reduction in education costs equal to the sum of:
1345+(A) twenty percent (20%); plus
1346+(B) the disability rating of the individual's father or mother.
1347+(d) The latest disability rating determined by the United States
1348+Department of Veterans Affairs for an individual's father or mother
1349+shall be used to compute the percentage by which education costs are
1350+reduced under this section. If the disability rating of the individual's
1351+father or mother changes after the beginning of an academic semester,
1352+quarter, or other period for which educational costs have been reduced
1353+under this section, the change in disability rating shall be applied
1354+beginning with the immediately following academic semester, quarter,
1355+or other period.".
1356+Renumber all SECTIONS consecutively.
1357+and when so amended that said bill do pass.
1358+(Reference is to SB 15 as printed January 17, 2024.)
1359+ES 15—LS 6125/DI 153 32
1360+BARTELS
1361+Committee Vote: yeas 10, nays 0.
1362+_____
1363+COMMITTEE REPORT
1364+Mr. Speaker: Your Committee on Ways and Means, to which was
1365+referred Engrossed Senate Bill 15, has had the same under
1366+consideration and begs leave to report the same back to the House with
1367+the recommendation that said bill be amended as follows:
1368+Page 1, delete lines 1 through 17, begin a new paragraph and insert:
1369+"SECTION 1. IC 21-14-4-2, AS AMENDED BY P.L.112-2019,
1370+SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1371+JULY 1, 2024]: Sec. 2. (a) Subject to this section and section 2.5 of this
1372+chapter, an eligible applicant is entitled to enter, remain, and receive
1373+instruction in a state educational institution upon the same conditions,
1374+qualifications, and regulations prescribed for other applicants for
1375+admission to or scholars in the state educational institutions, without
1376+the payment of any educational costs for one hundred twenty-four (124)
1377+semester credit hours in the state educational institution.
1378+(b) The maximum amount that an eligible applicant is exempt from
1379+paying for a semester hour is an amount equal to the cost of an
1380+undergraduate semester credit hour at the state educational institution
1381+in which the eligible applicant enrolls.
1382+(c) Notwithstanding any other provision of this chapter or another
1383+law, a change in the criteria for or the amount of an exemption awarded
1384+under this chapter enacted in the 2011 2024 session of the general
1385+assembly applies only to an individual who qualifies for an exemption
1386+under this chapter because of a father or mother (or in the case of
1387+section 1(a)(1) of this chapter, a related member) who enlisted or
1388+otherwise initially served in the armed forces of the United States after
1389+June 30, 2011. 2017.
1390+SECTION 2. IC 21-14-4-2.5, AS AMENDED BY P.L.112-2019,
1391+SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1392+JULY 1, 2024]: Sec. 2.5. (a) This section applies to an individual who
1393+qualifies as an eligible applicant under section 1(a)(3) of this chapter
1394+because the individual's father or mother:
1395+(1) enlisted or otherwise initially served in the armed forces of the
1396+United States after June 30, 2011; 2017; and
1397+(2) suffered a disability as determined by the United States
1398+Department of Veterans Affairs.
1399+ES 15—LS 6125/DI 153 33
1400+(b) This section does not apply to an individual who:
1401+(1) is an eligible applicant under section 1(a)(3) of this chapter;
1402+and
1403+(2) qualifies as an eligible applicant under section 1(a)(1) or
1404+1(a)(2) of this chapter.
1405+(c) Subject to subsection (d) and section 2(b) of this chapter, the
1406+eligible applicant is entitled to a reduction in the educational costs that
1407+would otherwise apply as follows:
1408+(1) If the individual's father or mother suffered a disability as
1409+determined by the United States Department of Veterans Affairs
1410+with a rating of eighty percent (80%) or more, the individual is
1411+entitled to a one hundred percent (100%) reduction in education
1412+costs.
1413+(2) If the individual's father or mother suffered a disability as
1414+determined by the United States Department of Veterans Affairs
1415+with a rating of less than eighty percent (80%), the individual is
1416+entitled to a reduction in education costs equal to the sum of:
1417+(A) twenty percent (20%); plus
1418+(B) the disability rating of the individual's father or mother.
1419+(d) The latest disability rating determined by the United States
1420+Department of Veterans Affairs for an individual's father or mother
1421+shall be used to compute the percentage by which education costs are
1422+reduced under this section. If the disability rating of the individual's
1423+father or mother changes after the beginning of an academic semester,
1424+quarter, or other period for which educational costs have been reduced
1425+under this section, the change in disability rating shall be applied
1426+beginning with the immediately following academic semester, quarter,
1427+or other period.".
1428+Page 2, delete lines 1 through 40.
1429+Renumber all SECTIONS consecutively.
1430+and when so amended that said bill do pass.
1431+(Reference is to ESB 15 as printed February 19, 2024.)
1432+THOMPSON
1433+Committee Vote: yeas 23, nays 0.
1434+_____
1435+HOUSE MOTION
1436+Mr. Speaker: I move that Engrossed Senate Bill 15 be amended to
1437+ES 15—LS 6125/DI 153 34
1438+read as follows:
1439+Page 1, between the enacting clause and line 1, begin a new
1440+paragraph and insert:
1441+"SECTION 1. IC 3-5-2-49.3, AS AMENDED BY P.L.227-2023,
1442+SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1443+JULY 1, 2024]: Sec. 49.3. "Uniformed services" means any of the
1444+following:
1445+(1) The United States Army.
1446+(2) The United States Navy.
1447+(3) The United States Air Force.
1448+(4) The United States Marine Corps.
1449+(5) The United States Coast Guard.
1450+(6) The United States Space Force.
1451+(7) The commissioned corps of the Public Health Service.
1452+(8) The commissioned corps of the National Oceanic and
1453+Atmospheric Administration.
1454+SECTION 2. IC 5-9-4-3 IS AMENDED TO READ AS FOLLOWS
1455+[EFFECTIVE JULY 1, 2024]: Sec. 3. As used in this chapter, "armed
1456+forces of the United States" means the active or reserve components of
1457+the:
1458+(1) the United States Army;
1459+(2) the United States Navy;
1460+(3) the United States Air Force;
1461+(4) the United States Coast Guard;
1462+(5) the United States Marine Corps; or
1463+(6) United States Space Force; or
1464+(6) (7) the United States Merchant Marine.
1465+SECTION 3. IC 6-3-2-4, AS AMENDED BY P.L.162-2019,
1466+SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1467+JULY 1, 2024]: Sec. 4. (a) Each taxable year, an individual, or the
1468+individual's surviving spouse, is entitled to the following:
1469+(1) An adjusted gross income tax deduction for the first five
1470+thousand dollars ($5,000) of income, excluding adjusted gross
1471+income described in subdivision (2), received during the taxable
1472+year by the individual, or the individual's surviving spouse, for the
1473+individual's service in an active or reserve component of the
1474+armed forces of the United States, including the United States
1475+Army, United States Navy, United States Air Force, United
1476+States Space Force, United States Coast Guard, United States
1477+Marine Corps, United States Merchant Marine, Indiana Army
1478+National Guard, or Indiana Air National Guard.
1479+(2) An adjusted gross income tax deduction for income from
1480+ES 15—LS 6125/DI 153 35
1481+retirement or survivor's benefits received during the taxable year
1482+by the individual, or the individual's surviving spouse, for the
1483+individual's service in an active or reserve component of the
1484+armed forces of the United States, including the United States
1485+Army, United States Navy, United States Air Force, United
1486+States Space Force, United States Coast Guard, United States
1487+Marine Corps, United States Merchant Marine, Indiana Army
1488+National Guard, or Indiana Air National Guard. The amount of
1489+the deduction is the lesser of:
1490+(A) the benefits included in the adjusted gross income of the
1491+individual or the individual's surviving spouse; or
1492+(B) six thousand two hundred fifty dollars ($6,250) plus the
1493+following:
1494+(i) For taxable years beginning in 2019, twenty-five percent
1495+(25%) of the amount of the benefits in excess of six
1496+thousand two hundred fifty dollars ($6,250).
1497+(ii) For taxable years beginning in 2020, fifty percent (50%)
1498+of the amount of the benefits in excess of six thousand two
1499+hundred fifty dollars ($6,250).
1500+(iii) For taxable years beginning in 2021, seventy-five
1501+percent (75%) of the amount of the benefits in excess of six
1502+thousand two hundred fifty dollars ($6,250).
1503+(iv) For taxable years beginning after 2021, one hundred
1504+percent (100%) of the amount of the benefits in excess of six
1505+thousand two hundred fifty dollars ($6,250).
1506+(b) An individual whose qualified military income is subtracted
1507+from the individual's federal adjusted gross income under
1508+IC 6-3-1-3.5(a)(18) for Indiana individual income tax purposes is not,
1509+for that taxable year, entitled to a deduction under this section for the
1510+same qualified military income that is deducted under
1511+IC 6-3-1-3.5(a)(18).
1512+SECTION 4. IC 9-13-2-5.3, AS ADDED BY P.L.198-2016,
1513+SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1514+JANUARY 1, 2025]: Sec. 5.3. "Armed forces of the United States"
1515+means the following:
1516+(1) The United States Army.
1517+(2) The United States Navy.
1518+(3) The United States Air Force.
1519+(4) The United States Marine Corps.
1520+(5) The United States Space Force.
1521+(5) (6) The United States Coast Guard.
1522+SECTION 5. IC 10-16-6-9 IS AMENDED TO READ AS
1523+ES 15—LS 6125/DI 153 36
1524+FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. An enlisted person
1525+who is discharged from service in the Indiana National Guard shall
1526+receive a discharge in writing in the form and with the classification
1527+prescribed by national guard regulations. In time of peace, a discharge
1528+may be given before the expiration of an enlistment term in the
1529+following cases:
1530+(1) By sentence of a general court-martial.
1531+(2) By direction of the governor on account of disability.
1532+(3) On account of sentence of imprisonment by a civil court,
1533+whether suspended or not.
1534+(4) On account of a bona fide permanent change of residence to
1535+another state.
1536+(5) For the purpose of enlisting in the:
1537+(A) United States Army;
1538+(B) United States Air Force;
1539+(C) United States Navy; or
1540+(D) United States Marine Corps; or
1541+(E) United States Space Force.
1542+(6) For other causes prescribed by national guard regulations or
1543+the commander in chief.
1544+However, an enlisted person who has not returned or accounted for all
1545+of the public property for which the enlisted person is responsible may
1546+not receive an honorable discharge.
1547+SECTION 6. IC 10-16-20-2, AS AMENDED BY P.L.99-2016,
1548+SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1549+JULY 1, 2024]: Sec. 2. The following definitions apply throughout this
1550+chapter:
1551+(1) "Military service" means:
1552+(A) in the case of a servicemember who is a member or
1553+reserve member of the United States Army, United States
1554+Navy, United States Air Force, United States Marine Corps,
1555+United States Space Force, or United States Coast Guard,
1556+full-time duty in the active military service, of the United
1557+States, including:
1558+(i) full-time training duty;
1559+(ii) annual training duty; and
1560+(iii) attendance while at a school designated as a service
1561+school by federal law or by the secretary of the military
1562+department concerned;
1563+(B) in the case of a member or reserve member of the Indiana
1564+National Guard, service under a call to active:
1565+(i) service authorized by the President of the United States
1566+ES 15—LS 6125/DI 153 37
1567+or the Secretary of Defense for a period of more than thirty
1568+(30) days in response to a national emergency declared by
1569+the President of the United States; or
1570+(ii) duty as defined by IC 10-16-7-23(a) for a period of more
1571+than thirty (30) consecutive days;
1572+(C) in the case of a servicemember who is a commissioned
1573+officer of the Public Health Service or the National Oceanic
1574+and Atmospheric Administration, active service;
1575+(D) in the case of a member or reserve member of the national
1576+guard of another state, service under an order by the governor
1577+of that state to active duty for a period of more than thirty (30)
1578+consecutive days; or
1579+(E) any period during which a servicemember is absent from
1580+duty on account of sickness, wounds, leave, or other lawful
1581+cause.
1582+(2) "Servicemember" means an individual engaged in military
1583+service.
1584+SECTION 7. IC 10-17-2-2, AS AMENDED BY P.L.42-2020,
1585+SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1586+JULY 1, 2024]: Sec. 2. A book providing for the recording of
1587+discharges from the United States Army, United States Navy, or any
1588+other branch of the service must consist of printed forms in blank,
1589+similar to and in conformity with the wording of the forms of discharge
1590+used by the United States government, the size of type being reduced
1591+to permit the printing of the form of the discharge on one (1) page of
1592+the record. Each book must be provided with an alphabetical index.
1593+The standards imposed by this section apply to the preservation of
1594+discharges in an electronic format under section 1(a)(2) of this chapter.
1595+SECTION 8. IC 10-17-9-0.9 IS ADDED TO THE INDIANA CODE
1596+AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1597+1, 2024]: Sec. 0.9. As used in this chapter, "uniformed services"
1598+means the following:
1599+(1) The United States Army.
1600+(2) The United States Air Force.
1601+(3) The United States Navy.
1602+(4) The United States Marine Corps.
1603+(5) The United States Space Force.
1604+(6) The United States Coast Guard.
1605+(7) The commissioned corps of the National Oceanic and
1606+Atmospheric Administration.
1607+(8) The commissioned corps of the Public Health Service.
1608+SECTION 9. IC 10-17-9-7, AS AMENDED BY P.L.113-2010,
1609+ES 15—LS 6125/DI 153 38
1610+SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1611+JULY 1, 2024]: Sec. 7. (a) As used in this section, "eligible person"
1612+refers to either of the following:
1613+(1) An honorably discharged member of the armed forces. A
1614+member of the uniformed services who was discharged or
1615+released from the uniformed services under conditions other
1616+than dishonorable.
1617+(2) The spouse or surviving spouse of an honorably discharged
1618+member of the armed forces. a member of the uniformed
1619+services who was discharged or released from the uniformed
1620+services under conditions other than dishonorable.
1621+(b) An eligible person who has a disability or is destitute is eligible
1622+for admission to the home if:
1623+(1) the eligible person has been a resident of Indiana for at least
1624+one (1) year immediately preceding application for or establishes
1625+residency in Indiana within six (6) months after admission to
1626+the home; or
1627+(2) in the case of an eligible person referred to in subsection
1628+(a)(1), the eligible person was a resident of Indiana when the
1629+eligible person enlisted in the armed forces. uniformed services.
1630+(c) The Indiana department of veterans' affairs shall adopt rules
1631+concerning admission to the home.
1632+(d) In adopting rules governing the admission, maintenance, and
1633+discharge of members of the home, the Indiana department of veterans'
1634+affairs may establish a fund called the veterans' home comfort and
1635+welfare fund. The director shall deposit all money collected from the
1636+members for the cost of their care and maintenance in the fund. The
1637+director shall expend this money in any manner that adds to the comfort
1638+and welfare of the members of the institutions.
1639+(e) A part of the veterans' home comfort and welfare fund may be
1640+withdrawn and deposited in a special fund called the veterans' home
1641+building fund. The veterans' home building fund shall be used for the
1642+construction, maintenance, remodeling, or repair of buildings of the
1643+home.
1644+(f) Preference under this section may be given to a person who
1645+served in an Indiana military organization. Except in cases where the
1646+surviving spouse of a veteran marries another veteran, the benefits of
1647+this chapter extend only to a surviving spouse and the spouse of a
1648+veteran if the contract of marriage was entered into more than five (5)
1649+years before the date of death of the veteran. Except as otherwise
1650+provided by law, upon the death of a person in the home, money paid
1651+to the person or due to the person from a bank, a trust company, a
1652+ES 15—LS 6125/DI 153 39
1653+corporation, or an individual becomes an asset of the person's estate
1654+and shall be distributed in the manner prescribed by the probate law of
1655+the state.
1656+SECTION 10. IC 10-17-10-1 IS AMENDED TO READ AS
1657+FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. If:
1658+(1) a person:
1659+(A) has served as a member of the armed forces of the United
1660+States as a soldier, sailor, or marine in the army, air force, or
1661+navy of the United States or as a member of the women's
1662+components of the army, air force, or navy of the United
1663+States, United States Army, United States Air Force, United
1664+States Navy, United States Marine Corps, or United States
1665+Space Force, is a resident of Indiana, and dies while a
1666+member of the armed forces and before discharge from the
1667+armed forces or after receiving an honorable discharge from
1668+the armed forces; or
1669+(B) is the spouse or surviving spouse of a person described in
1670+clause (A) and is a resident of Indiana; and
1671+(2) a claim is filed for a burial allowance:
1672+(A) by an interested person with the board of commissioners
1673+of the county of the residence of the deceased person; and
1674+(B) stating the fact:
1675+(i) of the service, death, and discharge if discharged from
1676+service before death; and
1677+(ii) that the body has been buried in a decent and respectable
1678+manner in a cemetery or burial ground;
1679+the board of commissioners shall hear and determine the claim like
1680+other claims and, if the facts averred are found to be true, shall allow
1681+the claim in an amount set by ordinance. However, the amount of the
1682+allowance may not be more than one thousand dollars ($1,000).
1683+SECTION 11. IC 10-17-11-10, AS AMENDED BY P.L.61-2023,
1684+SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1685+JULY 1, 2024]: Sec. 10. (a) A veteran who is eligible to be buried in
1686+a national cemetery according to 38 U.S.C. 2402 is eligible to be buried
1687+in the Indiana state veterans' cemetery established under this chapter.
1688+(b) The spouse of a veteran who is eligible to be buried in a national
1689+cemetery according to 38 U.S.C. 2402 is eligible to be buried in the
1690+Indiana state veterans' cemetery established under this chapter.
1691+(c) An individual who is a member of:
1692+(1) a reserve component of the armed forces of the United States:
1693+(A) who was discharged or released from service under
1694+conditions other than dishonorable; or
1695+ES 15—LS 6125/DI 153 40
1696+(B) whose death occurs under conditions other than
1697+dishonorable while a member of a reserve component of the
1698+armed forces of the United States;
1699+(2) the Indiana Army National Guard or the Indiana Air National
1700+Guard:
1701+(A) who was discharged or released from service under
1702+conditions other than dishonorable; or
1703+(B) whose death occurs under conditions other than
1704+dishonorable while a member of the Indiana Army National
1705+Guard or the Indiana Air National Guard; or
1706+(3) the Reserve Officers' Training Corps of the United States
1707+Army, United States Navy, or United States Air Force whose
1708+death occurs under conditions other than dishonorable while a
1709+member of the Reserve Officers' Training Corps of the United
1710+States Army, United States Navy, or United States Air Force;
1711+is eligible to be buried in the Indiana state veterans' cemetery
1712+established by this chapter.
1713+(d) The following relatives of an individual described in subsection
1714+(c) are eligible to be buried in the Indiana state veterans' cemetery
1715+established by this chapter:
1716+(1) A spouse.
1717+(2) A minor child.
1718+(3) An unmarried adult child.
1719+SECTION 12. IC 10-17-12-2, AS AMENDED BY P.L.50-2009,
1720+SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1721+JULY 1, 2024]: Sec. 2. As used in this chapter, "armed forces" includes
1722+the active or reserve components of the following:
1723+(1) The United States Army.
1724+(2) The United States Navy.
1725+(3) The United States Marine Corps.
1726+(4) The United States Air Force.
1727+(5) The United States Space Force.
1728+(5) (6) The United States Coast Guard.
1729+SECTION 13. IC 10-17-13.5-1.5 IS ADDED TO THE INDIANA
1730+CODE AS A NEW SECTION TO READ AS FOLLOWS
1731+[EFFECTIVE JULY 1, 2024]: Sec. 1.5. As used in this chapter,
1732+"eligible person" means an individual residing in Indiana who is:
1733+(1) an immediate family member (as defined in IC 3-5-5-0.5)
1734+of the veteran; or
1735+(2) the primary caregiver of the veteran.
1736+SECTION 14. IC 10-17-13.5-1.7 IS ADDED TO THE INDIANA
1737+CODE AS A NEW SECTION TO READ AS FOLLOWS
1738+ES 15—LS 6125/DI 153 41
1739+[EFFECTIVE JULY 1, 2024]: Sec. 1.7. As used in this chapter,
1740+"primary caregiver" means an individual who:
1741+(1) is at least eighteen (18) years of age;
1742+(2) is:
1743+(A) the veteran's:
1744+(i) spouse;
1745+(ii) parent or stepparent;
1746+(iii) son, daughter, stepson, or stepdaughter;
1747+(iv) brother, sister, stepbrother, or stepsister;
1748+(v) niece or nephew;
1749+(vi) aunt or uncle;
1750+(vii) daughter-in-law or son-in-law; or
1751+(viii) grandparent; or
1752+(B) currently residing with the veteran on a full-time basis;
1753+and
1754+(3) provides care for the veteran, including:
1755+(A) personal care services;
1756+(B) essential household services; or
1757+(C) everyday basic care.
1758+SECTION 15. IC 10-17-13.5-3, AS ADDED BY P.L.217-2017,
1759+SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1760+JULY 1, 2024]: Sec. 3. As used in this chapter, "veteran" means an
1761+individual residing in Indiana who:
1762+(1) has served in any branch of the armed forces of the United
1763+States or their reserves, in the national guard, or in the Indiana
1764+National Guard; and
1765+(2) has received a discharge from service under honorable
1766+conditions. was discharged or released from service described
1767+in subdivision (1) under conditions other than dishonorable.
1768+SECTION 16. IC 10-17-13.5-4, AS AMENDED BY P.L.61-2023,
1769+SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1770+JULY 1, 2024]: Sec. 4. (a) The department may make grants to
1771+qualified entities to be used for the purpose of providing services to
1772+veterans or an eligible person, including the following:
1773+(1) Programs focused on eliminating homelessness, preventing
1774+near term homelessness, and providing safe and secure living
1775+conditions.
1776+(2) Assisting veterans or an eligible person in moving from
1777+public housing assistance programs to:
1778+(A) home ownership; or
1779+(B) stable, long term rental status.
1780+A grant under this chapter for the purpose specified in clause (B)
1781+ES 15—LS 6125/DI 153 42
1782+may include up to nine (9) months of rental assistance.
1783+(3) Assisting veterans or an eligible person in finding and using
1784+available federal and state resources.
1785+(4) Providing therapeutic services.
1786+(5) Providing job training and job search assistance.
1787+(6) Preventing veteran suicide or suicide of an eligible person.
1788+(b) The department may make grants to the provider chosen by the
1789+Indiana department of health under section 6 of this chapter to be used
1790+for the purpose of providing assistance to the provider to provide
1791+diagnostic testing and hyperbaric oxygen treatment to veterans
1792+receiving treatment under the pilot program established under section
1793+6 of this chapter. However, a grant under this chapter may not be
1794+awarded for the purposes specified in this subsection unless the Indiana
1795+department of health has adopted the rules required by section 6(g) of
1796+this chapter. In addition, a grant may not be awarded for the purposes
1797+specified in this subsection after the expiration of the pilot program
1798+established under section 6 of this chapter.
1799+SECTION 17. IC 10-18-9-1, AS ADDED BY P.L.38-2008,
1800+SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1801+JULY 1, 2024]: Sec. 1. As used in this chapter, "armed forces of the
1802+United States" means the:
1803+(1) the United States Army;
1804+(2) the United States Navy;
1805+(3) the United States Air Force;
1806+(4) United States Space Force;
1807+(4) (5) the United States Coast Guard; and
1808+(5) (6) the United States Marine Corps.
1809+SECTION 18. IC 16-31-3-10, AS AMENDED BY P.L.139-2023,
1810+SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1811+JULY 1, 2024]: Sec. 10. (a) Except as provided in subsection (b), to
1812+renew a certificate or license issued under this chapter upon expiration
1813+of the certificate or license for any reason, a person must comply with
1814+any continuing education requirements that have been established by
1815+the commission and complete training meeting standards set forth in
1816+section 2(1)(E) of this chapter. To renew a certificate or license issued
1817+under this chapter after a revocation of the certificate or license, a
1818+person must comply with all the requirements of this chapter that apply
1819+to the original certification or licensure.
1820+(b) A renewal of an emergency medical technician or advanced
1821+emergency medical technician certificate or a paramedic license shall
1822+be issued to an individual who meets the following conditions:
1823+(1) While holding a valid certificate or license, enters the armed
1824+ES 15—LS 6125/DI 153 43
1825+forces of the United States, including the:
1826+(A) the United States Army;
1827+(B) the United States Navy;
1828+(C) the United States Air Force;
1829+(D) the United States Marines; or
1830+(E) the United States Coast Guard; or
1831+(F) United States Space Force;
1832+but excluding the guard and reserve components of those forces.
1833+(2) Is discharged from the armed forces of the United States
1834+within forty-eight (48) months after the individual entered the
1835+armed forces.
1836+(3) Successfully completes, not more than nine (9) months after
1837+the individual's discharge from the armed forces of the United
1838+States, a refresher course approved by the commission.
1839+(4) Applies for the certificate or license renewal not more than
1840+one (1) year after the individual's discharge from the armed forces
1841+of the United States.
1842+(5) Passes the written and practical skills examinations.
1843+(c) A renewal of an emergency medical technician or advanced
1844+emergency medical technician certificate or a paramedic license must
1845+be issued to an individual who meets the following conditions:
1846+(1) While holding a valid certificate or license, the individual is
1847+called to active military duty as a member of the Indiana National
1848+Guard or a reserve component of the armed forces of the United
1849+States, including the:
1850+(A) the United States Army;
1851+(B) the United States Navy;
1852+(C) the United States Air Force;
1853+(D) the United States Marines; or
1854+(E) the United States Coast Guard.
1855+(2) The individual provides the emergency medical services
1856+commission with a copy of the document from the armed forces
1857+that called the individual to active duty.
1858+(3) The individual applies for the certificate or license renewal
1859+not more than one hundred twenty (120) days after the individual
1860+leaves active duty.
1861+SECTION 19. IC 16-33-4-1 IS AMENDED TO READ AS
1862+FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. As used in this
1863+chapter, "armed forces of the United States" means the forces and
1864+components of the:
1865+(1) United States Army;
1866+(2) United States Navy;
1867+ES 15—LS 6125/DI 153 44
1868+(3) United States Air Force;
1869+(4) United States Marine Corps;
1870+(5) United States Space Force; and
1871+(6) United States Coast Guard.
1872+SECTION 20. IC 20-33-2-17, AS ADDED BY P.L.1-2005,
1873+SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1874+JULY 1, 2024]: Sec. 17. The governing body of a school corporation,
1875+the organizer of a charter school, or the chief administrative officer
1876+of a nonpublic school system shall authorize the absence and excuse of
1877+each secondary school student who is ordered to active duty with the
1878+armed forces of the United States, including their reserve
1879+components, or the Indiana National Guard for not more than ten (10)
1880+at least fifteen (15) days in a school year. However, the governing
1881+body of a school corporation, the organizer of a charter school, or
1882+the chief administrative officer of a nonpubic school may authorize
1883+additional excused absences for additional military training. For
1884+verification, the student must submit to school authorities a copy of the
1885+orders to active duty and a copy of the orders releasing the student from
1886+active duty. A student excused from school attendance under this
1887+section may not be recorded as being absent on any date for which the
1888+excuse is operative and may not be penalized by the school in any
1889+manner.
1890+SECTION 21. IC 20-38-3-2, AS ADDED BY P.L.21-2009,
1891+SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1892+JULY 1, 2024]: Sec. 2. ARTICLE II. DEFINITIONS
1893+As used in this compact, unless the context clearly requires a
1894+different construction:
1895+A. "Active duty" means full-time duty status in the armed forces
1896+of the United States or the National Guard and Reserve on active
1897+duty orders under 10 U.S.C. 1209 and 10 U.S.C. 1211.
1898+B. "Children of military families" means school aged children
1899+who are enrolled in kindergarten through grade 12 and are
1900+members of the household of an active duty member.
1901+C. "Compact commissioner" means the voting representative of
1902+each member state appointed under section 9 of this chapter.
1903+D. "Deployment" means the period beginning one (1) month
1904+before a service member departs from the member's home station
1905+on military orders and ending six (6) months after the service
1906+member returns to the member's home station.
1907+E. "Educational records" means the official records, files, and data
1908+that are directly related to a student and maintained by a school or
1909+local education agency. The term includes general identifying
1910+ES 15—LS 6125/DI 153 45
1911+data, records of attendance and academic work completed,
1912+records of achievement and results of evaluative tests, health data,
1913+disciplinary status, test protocols, and individualized education
1914+programs.
1915+F. "Extracurricular activities" means voluntary activities
1916+sponsored by a school, a local education agency, or an
1917+organization approved by a local education agency. The term
1918+includes preparation for and involvement in public performances,
1919+contests, athletic competitions, demonstrations, displays, and club
1920+activities.
1921+G. "Interstate commission" refers to the interstate commission on
1922+Educational Opportunity for Military Children created by Article
1923+IX of this compact.
1924+H. "Local education agency" means a public administrative
1925+agency authorized by the state to control and direct kindergarten
1926+through grade 12 public educational institutions.
1927+I. "Member state" means a state that has enacted this compact.
1928+J. "Military installation" means a base, a camp, a post, a station,
1929+a yard, a center, a homeport facility for a ship, or any other
1930+activity under the jurisdiction of the United States Department of
1931+Defense. The term includes a leased facility located within the
1932+United States, the District of Columbia, the Commonwealth of
1933+Puerto Rico, the United States Virgin Islands, Guam, American
1934+Samoa, the Northern Marianas Mariana Islands, or any other
1935+United States territory. The term does not include a facility used
1936+primarily for civil works, rivers and harbors projects, or flood
1937+control projects.
1938+K. "Nonmember state" means a state that has not enacted this
1939+compact.
1940+L. "Receiving state" means the state to which a child of a military
1941+family is sent, brought, or caused to be sent or brought.
1942+M. "Rule" means a written statement by the interstate commission
1943+adopted under Article XII of this compact that is of general
1944+applicability, that implements, interprets, or prescribes a policy of
1945+provision of the interstate compact, and that has the force and
1946+effect of statutory law on a member state. The term includes the
1947+amendment, repeal, or suspension of an existing rule.
1948+N. "Sending state" means the state from which a child of a
1949+military family is sent, brought, or caused to be sent or brought.
1950+O. "State" means a state of the United States, the District of
1951+Columbia, the Commonwealth of Puerto Rico, the United States
1952+Virgin Islands, Guam, American Samoa, the Northern Marianas
1953+ES 15—LS 6125/DI 153 46
1954+Mariana Islands, or any other United States territory.
1955+P. "Student" means a child of a military family for whom a local
1956+education agency receives public funding and who is formally
1957+enrolled in kindergarten through grade 12.
1958+Q. "Transition" means the formal and physical process of
1959+transferring a student between schools or the period during which
1960+a student transfers from a school in the sending state to a school
1961+in the receiving states.
1962+R. "Uniformed services" means the United States Army, Navy,
1963+Air Force, Marine Corps, Space Force, or Coast Guard. The term
1964+includes the commission corp of the National Oceanic and
1965+Atmospheric Administration and the Public Health Services.
1966+S. "Veteran" means an individual who served in and was
1967+discharged or released from the uniformed services under
1968+conditions other than dishonorable.
1969+SECTION 22. IC 21-14-1-2.7, AS ADDED BY P.L.144-2007,
1970+SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1971+JULY 1, 2024]: Sec. 2.7. For purposes of IC 21-14-9, "armed forces of
1972+the United States" means the following:
1973+(1) The United States Air Force.
1974+(2) The United States Army.
1975+(3) The United States Coast Guard.
1976+(4) The United States Marine Corps.
1977+(5) The United States Navy.
1978+(6) The United States Space Force.".
1979+Page 2, between lines 41 and 42, begin a new paragraph and insert:
1980+"SECTION 26. IC 21-27-2-1.5, AS ADDED BY P.L.22-2018,
1981+SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1982+JULY 1, 2024]: Sec. 1.5. (a) As used in this section, "academic term"
1983+has the meaning set forth in IC 21-12-1-2.
1984+(b) As used in this section, "active duty" has the meaning set forth
1985+in IC 10-16-7-23(a).
1986+(c) As used in this section, "armed forces" means the:
1987+(1) United States Air Force;
1988+(2) United States Army;
1989+(3) United States Coast Guard;
1990+(4) United States Marine Corps; and
1991+(5) United States Navy; and
1992+(6) United States Space Force.
1993+(d) As used in this section, "qualified student" means a member of:
1994+(1) the Indiana National Guard;
1995+(2) the National Guard of a state contiguous to Indiana;
1996+ES 15—LS 6125/DI 153 47
1997+(3) a reserve component of the armed forces of the United States;
1998+or
1999+(4) the armed forces;
2000+enrolled in a state educational institution.
2001+(e) The board of trustees of a state educational institution shall allow
2002+a qualified student on active duty or called to active duty during an
2003+academic term to exercise any of the following options:
2004+(1) Reenroll in any course for which the qualified student had
2005+remitted tuition but that the qualified student was not able to
2006+complete due to active duty status. Course reenrollment shall be
2007+offered to any qualified student:
2008+(A) for a period not to exceed four (4) years after the date of
2009+the qualified student's release from active duty; and
2010+(B) without additional tuition, student fees, or related charges.
2011+(2) Receive a refund for tuition and fees paid by the qualified
2012+student for the academic term in which the qualified student was
2013+called or ordered to active duty, or based on the qualified student's
2014+active duty status.
2015+(3) Receive a credit for a subsequent academic term in the amount
2016+of the tuition and fees paid during the academic term for courses
2017+that the qualified student did not complete due to active duty
2018+status.
2019+(f) If a qualified student has been fully reimbursed for tuition, fees,
2020+and charges for a course that the qualified student did not complete due
2021+to active duty status, the qualified student is not entitled to further
2022+reimbursement under this section.
2023+SECTION 27. IC 22-2-13-2, AS ADDED BY P.L.151-2007,
2024+SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2025+JULY 1, 2024]: Sec. 2. As used in this chapter, "armed forces of the
2026+United States" means the active or reserve components of the:
2027+(1) the United States Army;
2028+(2) the United States Navy;
2029+(3) the United States Air Force;
2030+(4) the United States Coast Guard;
2031+(5) the United States Marine Corps; or
2032+(6) United States Space Force; or
2033+(6) (7) the United States Merchant Marine.".
2034+Page 3, after line 33, begin a new paragraph and insert:
2035+"SECTION 28. IC 22-9-9-2, AS ADDED BY P.L.151-2007,
2036+SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2037+JULY 1, 2024]: Sec. 2. As used in this chapter, "armed forces of the
2038+United States" means the active or reserve components of the:
2039+ES 15—LS 6125/DI 153 48
2040+(1) United States Army;
2041+(2) United States Navy;
2042+(3) United States Air Force;
2043+(4) United States Coast Guard;
2044+(5) United States Marine Corps; or
2045+(6) United States Space Force; or
2046+(6) (7) United States Merchant Marine.
2047+SECTION 29. IC 23-14-73-1 IS AMENDED TO READ AS
2048+FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. As used in this
2049+chapter, "member of the armed forces" means an individual who served
2050+on active duty in the:
2051+(1) United States Army;
2052+(2) United States Navy;
2053+(3) United States Air Force;
2054+(4) United States Marine Corps;
2055+(5) United States Space Force; or
2056+(6) United States Coast Guard. of the United States.
2057+SECTION 30. IC 25-1-12-3, AS AMENDED BY P.L.2-2005,
2058+SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2059+JULY 1, 2024]: Sec. 3. As used in this chapter, "armed forces of the
2060+United States" means the active or reserve components of the:
2061+(1) the United States Army;
2062+(2) the United States Navy;
2063+(3) the United States Air Force;
2064+(4) the United States Coast Guard;
2065+(5) the United States Marine Corps; or
2066+(6) United States Space Force; or
2067+(6) (7) the United States Merchant Marine.
2068+SECTION 31. IC 25-36.1-2-5, AS ADDED BY P.L.97-2009,
2069+SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2070+JULY 1, 2024]: Sec. 5. (a) Except as provided in section 4 of this
2071+chapter, an individual may not practice surgical technology in a health
2072+care facility unless the individual meets one (1) of the following
2073+requirements:
2074+(1) Is certified under IC 25-36.1-1.
2075+(2) Has completed a surgical technology program provided by the
2076+United States Army, United States Navy, United States Air
2077+Force, United States Marine Corps, United States Space Force,
2078+or United States Coast Guard, or the commissioned corps of the
2079+United States Public Health Service.
2080+(3) Provides evidence to the health care facility that the individual
2081+was employed to practice surgical technology in a health care
2082+ES 15—LS 6125/DI 153 49
2083+facility before July 1, 2009.
2084+(4) Is performing duties related to the individual's employment by
2085+the federal government.
2086+(5) Is practicing surgical technology during the twelve (12) month
2087+period immediately following the completion of a degree from an
2088+accredited school of surgical technology.
2089+(6) Has the appropriate abilities, as determined by the health care
2090+facility.
2091+(b) An individual who is:
2092+(1) described in subsection (a)(1), (a)(2), or (a)(3); and
2093+(2) practicing surgical technology in a health care facility;
2094+annually shall complete fifteen (15) hours of continuing education
2095+concerning surgical technology in order to continue practicing surgical
2096+technology.
2097+(c) An individual who wants to practice surgical technology in a
2098+health care facility is responsible for establishing to the satisfaction of
2099+the health care facility that the individual has complied with this
2100+section.
2101+(d) An individual practicing surgical technology in a health care
2102+facility is responsible for immediately notifying in writing the
2103+governing body of the health care facility, or the governing body's
2104+designee, of any changes in the individual's compliance with this
2105+section.
2106+(e) A health care facility shall maintain copies of any written
2107+documentation provided by the individual to the health care facility
2108+under subsection (c) or (d) to show compliance with this section.
2109+(f) This chapter does not require a health care facility to permit an
2110+individual described in subsection (a) to perform surgical technology
2111+services at the health care facility.
2112+SECTION 32. IC 27-1-22-26 IS AMENDED TO READ AS
2113+FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 26. (a) As used in this
2114+section, "armed forces" means the following:
2115+(1) The United States Army.
2116+(2) The United States Navy.
2117+(3) The United States Air Force.
2118+(4) The United States Marine Corps.
2119+(5) The United States Space Force.
2120+(5) (6) The United States Coast Guard.
2121+(b) This section applies only to an individual:
2122+(1) who is applying for motor vehicle insurance; and
2123+(2) who:
2124+(A) is serving in one (1) of the armed forces; or
2125+ES 15—LS 6125/DI 153 50
2126+(B) has served in one (1) of the armed forces within six (6)
2127+months before applying for motor vehicle insurance.
2128+(c) As used in this section, "motor vehicle insurance" means any
2129+type of insurance described in IC 27-1-5-1, Class 2(f).
2130+(d) As used in this chapter, "rating plan" means the rating schedule
2131+or rating plan of an insurer concerning premium rates for motor vehicle
2132+insurance that has been filed with the commissioner and is in effect
2133+under section 4 of this chapter.
2134+(e) An insurer may not set the premium rate for a policy of motor
2135+vehicle insurance for an individual described in subsection (b) at an
2136+amount higher than the applicable rate set forth in the rating plan due
2137+to the fact that the individual has not been covered by motor vehicle
2138+insurance for a period of time.
2139+(f) The violation of this section is an unfair and deceptive act or
2140+practice in the business of insurance under IC 27-4-1-4.
2141+SECTION 33. IC 27-1-22-26.1, AS ADDED BY P.L.39-2005,
2142+SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2143+JULY 1, 2024]: Sec. 26.1. (a) As used in this section, "armed forces"
2144+means the active and reserve components of the following:
2145+(1) The United States Army.
2146+(2) The United States Navy.
2147+(3) The United States Air Force.
2148+(4) The United States Marine Corps.
2149+(5) The United States Space Force.
2150+(5) (6) The United States Coast Guard.
2151+(6) (7) The Indiana National Guard.
2152+(b) As used in this section, "motor vehicle insurance" means any
2153+type of insurance described in IC 27-1-5-1, Class 2(f).
2154+(c) As used in this chapter, "rating plan" means the rating schedule
2155+or rating plan of an insurer:
2156+(1) concerning premium rates for motor vehicle insurance;
2157+(2) that has been filed with the commissioner; and
2158+(3) that is in effect under section 4 of this chapter.
2159+(d) An insurer that issues or renews a policy of motor vehicle
2160+insurance may not set the premium rate for a policy of motor vehicle
2161+insurance that covers an individual who is serving in one (1) of the
2162+armed forces at an amount higher than the applicable rate set forth in
2163+the rating plan for a policy of motor vehicle insurance that covers an
2164+individual who is not serving in one (1) of the armed forces.
2165+(e) A violation of this section is an unfair and deceptive act or
2166+practice in the business of insurance under IC 27-4-1-4.
2167+SECTION 34. IC 27-7-14-1, AS ADDED BY P.L.146-2015,
2168+ES 15—LS 6125/DI 153 51
2169+SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2170+JULY 1, 2024]: Sec. 1. As used in this chapter, "armed forces" means
2171+the active and reserve components of the following:
2172+(1) The United States Army.
2173+(2) The United States Navy.
2174+(3) The United States Air Force.
2175+(4) The United States Marine Corps.
2176+(5) The United States Space Force.
2177+(5) (6) The United States Coast Guard.
2178+(6) (7) The Indiana National Guard.
2179+SECTION 35. IC 29-3-9-1, AS AMENDED BY P.L.50-2021,
2180+SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2181+JULY 1, 2024]: Sec. 1. (a) As used in this section, "department" means
2182+the department of child services established by IC 31-25-1-1.
2183+(b) As used in this section and except as otherwise provided in this
2184+section, "foster care" has the meaning set forth in IC 31-9-2-46.7.
2185+(c) Except as provided in subsections (d) and (h), by a properly
2186+executed power of attorney, a parent of a minor or a guardian (other
2187+than a temporary guardian) of a protected person may delegate to
2188+another person for:
2189+(1) any period during which the care and custody of the minor or
2190+protected person is entrusted to an institution furnishing care,
2191+custody, education, or training; or
2192+(2) a period not exceeding twelve (12) months;
2193+any powers regarding health care, support, custody, or property of the
2194+minor or protected person. A delegation described in this subsection is
2195+effective immediately unless otherwise stated in the power of attorney.
2196+(d) A parent of a minor or a guardian of a protected person may not
2197+delegate under subsection (c) the power to:
2198+(1) consent to the marriage or adoption of a protected person who
2199+is a minor; or
2200+(2) petition the court to request the authority to petition for
2201+dissolution of marriage, legal separation, or annulment of
2202+marriage on behalf of a protected person as provided under
2203+section 12.2 of this chapter.
2204+(e) Subject to IC 30-5-5-16, a person having a power of attorney
2205+executed under subsection (c) has and shall exercise, for the period
2206+during which the power is effective, all other authority of the parent or
2207+guardian respecting the health care, support, custody, or property of the
2208+minor or protected person except any authority expressly excluded in
2209+the written instrument delegating the power. The parent or guardian
2210+remains responsible for any act or omission of the person having the
2211+ES 15—LS 6125/DI 153 52
2212+power of attorney with respect to the affairs, property, and person of the
2213+minor or protected person as though the power of attorney had never
2214+been executed.
2215+(f) A delegation of powers executed under subsection (c) does not,
2216+as a result of the execution of the power of attorney, subject any of the
2217+parties to any laws, rules, or regulations concerning the licensing or
2218+regulation of foster family homes, child placing agencies, or child
2219+caring institutions under IC 31-27.
2220+(g) Any child who is the subject of a power of attorney executed
2221+under subsection (c) is not considered to be placed in foster care. The
2222+parties to a power of attorney executed under subsection (c), including
2223+a child, a protected person, a parent or guardian of a child or protected
2224+person, or an attorney-in-fact, are not, as a result of the execution of the
2225+power of attorney, subject to any foster care requirements or foster care
2226+licensing regulations.
2227+(h) A foster family home licensed under IC 31-27-4 may not provide
2228+overnight or regular and continuous care and supervision to a child
2229+who is the subject of a power of attorney executed under subsection (c)
2230+while providing care to a child placed in the home by the department
2231+or under a juvenile court order under a foster family home license.
2232+Upon request, the department may grant an exception to this
2233+subsection.
2234+(i) A parent who:
2235+(1) is a member in the:
2236+(A) active or reserve component of the armed forces of the
2237+United States, including the:
2238+(i) United States Army;
2239+(ii) United States Navy;
2240+(iii) United States Air Force;
2241+(iv) United States Space Force;
2242+(v) United States Marine Corps;
2243+(vi) National Guard; or
2244+(vii) United States Coast Guard; or
2245+(B) commissioned corps of the:
2246+(i) National Oceanic and Atmospheric Administration; or
2247+(ii) Public Health Service of the United States Department
2248+of Health and Human Services;
2249+detailed by proper authority for duty with the United States
2250+Army or United States Navy; of the United States; or
2251+(2) is required to:
2252+(A) enter or serve in the active military service of the United
2253+States under a call or order of the President of the United
2254+ES 15—LS 6125/DI 153 53
2255+States; or
2256+(B) serve on state active duty;
2257+may delegate the powers designated in subsection (c) for a period
2258+longer than twelve (12) months if the parent is on active duty service.
2259+However, the term of delegation may not exceed the term of active duty
2260+service plus thirty (30) days. The power of attorney must indicate that
2261+the parent is required to enter or serve in the active military service of
2262+the United States and include the estimated beginning and ending dates
2263+of the active duty service.
2264+(j) Except as otherwise stated in the power of attorney delegating
2265+powers under this section, a delegation of powers under this section
2266+may be revoked at any time by a written instrument of revocation that:
2267+(1) identifies the power of attorney revoked; and
2268+(2) is signed by the:
2269+(A) parent of a minor; or
2270+(B) guardian of a protected person;
2271+who executed the power of attorney.
2272+SECTION 36. IC 33-42-9-10, AS AMENDED BY
2273+P.L.215-2018(ss), SECTION 14, IS AMENDED TO READ AS
2274+FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) A notarial act
2275+performed under federal law shall be presumed valid and has the same
2276+effect as a notarial act performed by a notarial officer of Indiana if the
2277+notarial act performed under federal law is performed by:
2278+(1) a judge, clerk, or deputy clerk of a court;
2279+(2) an individual who is authorized to perform the notarial act
2280+under federal law and is:
2281+(A) presently serving in the armed forces of the United States;
2282+or
2283+(B) performing duties under the authority of the armed forces
2284+of the United States;
2285+(3) an individual designated as a notarial officer by the United
2286+States Department of State for the purpose of performing notarial
2287+acts overseas;
2288+(4) a commissioned officer with the rank of:
2289+(A) second lieutenant or higher in the active service of the:
2290+(i) United States Army;
2291+(ii) United States Marine Corps; or
2292+(iii) United States Air Force; or
2293+(iv) United States Space Force; or
2294+(B) ensign or higher in the active service of the:
2295+(i) United States Coast Guard; or
2296+(ii) United States Navy; or
2297+ES 15—LS 6125/DI 153 54
2298+(5) any other individual authorized by federal law to perform the
2299+notarial act.
2300+(b) The signature and title of an individual acting under federal
2301+authority while performing a notarial act are prima facie evidence of
2302+the fact that:
2303+(1) the signature is genuine; and
2304+(2) the individual holds the designated title.
2305+(c) The signature and title of a notarial officer described in
2306+subsection (a)(1), (a)(2), or (a)(3) conclusively establish the authority
2307+of the notarial officer to perform the notarial act.
2308+SECTION 37. IC 35-42-4-7, AS AMENDED BY P.L.133-2023,
2309+SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2310+JULY 1, 2024]: Sec. 7. (a) As used in this section, "adoptive parent"
2311+has the meaning set forth in IC 31-9-2-6.
2312+(b) As used in this section, "adoptive grandparent" means the parent
2313+of an adoptive parent.
2314+(c) As used in this section, "charter school" has the meaning set
2315+forth in IC 20-18-2-2.5.
2316+(d) As used in this section, "child care worker" means a person who:
2317+(1) provides care, supervision, or instruction to a child within the
2318+scope of the person's employment in a shelter care facility;
2319+(2) is employed by a:
2320+(A) school corporation;
2321+(B) charter school;
2322+(C) nonpublic school; or
2323+(D) special education cooperative;
2324+attended by a child who is the victim of a crime under this
2325+chapter; or
2326+(3) is:
2327+(A) affiliated with a:
2328+(i) school corporation;
2329+(ii) charter school;
2330+(iii) nonpublic school; or
2331+(iv) special education cooperative;
2332+attended by a child who is the victim of a crime under this
2333+chapter, regardless of how or whether the person is
2334+compensated;
2335+(B) in a position of trust in relation to a child who attends the
2336+school or cooperative;
2337+(C) engaged in the provision of care or supervision to a child
2338+who attends the school or cooperative; and
2339+(D) at least four (4) years older than the child who is the
2340+ES 15—LS 6125/DI 153 55
2341+victim of a crime under this chapter.
2342+The term does not include a student who attends the school or
2343+cooperative.
2344+(e) As used in this section, "coach" means a person who:
2345+(1) provides care, supervision, or instruction to a child within the
2346+scope of the person's employment in a youth sports organization;
2347+(2) is employed by a youth sports organization attended by a child
2348+who is the victim of a crime under this chapter; or
2349+(3) is:
2350+(A) affiliated with a youth sports organization attended by a
2351+child who is the victim of a crime under this chapter,
2352+regardless of how or whether the person is compensated;
2353+(B) in a position of trust in relation to a child who participates
2354+in the youth sports organization;
2355+(C) engaged in the provision of care or supervision to a child
2356+who participates in the youth sports organization; and
2357+(D) at least four (4) years older than the child who is the
2358+victim of a crime under this chapter.
2359+This term includes a coach who is nonteaching or a volunteer.
2360+(f) As used in this section, "custodian" means any person who
2361+resides with a child and is responsible for the child's welfare.
2362+(g) As used in this section, "mental health professional" means:
2363+(1) a mental health counselor licensed under IC 25-23.6-8.5;
2364+(2) a psychologist; or
2365+(3) a psychiatrist.
2366+(h) As used in this section, "military recruiter" means a member of:
2367+(1) the United States Air Force;
2368+(2) the United States Army;
2369+(3) the United States Coast Guard;
2370+(4) the United States Marine Corps;
2371+(5) the United States Navy;
2372+(6) the United States Space Force;
2373+(6) (7) any reserve components of the military forces listed in
2374+subdivisions (1) through (5); or
2375+(7) (8) the Indiana National Guard;
2376+whose primary job function, classification, or specialty is recruiting
2377+individuals to enlist with an entity listed in subdivisions (1) through
2378+(7). (8).
2379+(i) As used in this section, "nonpublic school" has the meaning set
2380+forth in IC 20-18-2-12.
2381+(j) For purposes of this section, a person has a "professional
2382+relationship" with a child if:
2383+ES 15—LS 6125/DI 153 56
2384+(1) the person:
2385+(A) has a license issued by the state or a political subdivision
2386+on the basis of the person's training and experience that
2387+authorizes the person to carry out a particular occupation; or
2388+(B) is employed in a position in which counseling, supervising,
2389+instructing, or recruiting children forms a significant part of
2390+the employment; and
2391+(2) the person has a relationship with a child that is based on the
2392+person's employment or licensed status as described in
2393+subdivision (1).
2394+The term includes a relationship between a child and a mental health
2395+professional or military recruiter. The term does not include a coworker
2396+relationship between a child and a person described in subdivision
2397+(1)(B).
2398+(k) As used in this section, "school corporation" has the meaning set
2399+forth in IC 20-18-2-16.
2400+(l) As used in this section, "special education cooperative" has the
2401+meaning set forth in IC 20-35-5-1.
2402+(m) As used in this section, "stepparent" means an individual who
2403+is married to a child's custodial or noncustodial parent and is not the
2404+child's adoptive parent.
2405+(n) As used in this section, "workplace supervisor" means an
2406+individual who has authority over a child while the child is employed
2407+at the child's place of employment. The term includes a person who is
2408+responsible for determining the child's wages (including whether the
2409+child will receive a raise) or who otherwise has the authority to take an
2410+adverse employment action against the child.
2411+(o) As used in this section, "youth sports organization" means an
2412+athletic or recreational program that is organized for:
2413+(1) competition against another team, club, or entity; or
2414+(2) athletic instruction;
2415+predominantly for children less than eighteen (18) years of age.
2416+(p) If a person who:
2417+(1) is at least eighteen (18) years of age; and
2418+(2) is the:
2419+(A) guardian, adoptive parent, adoptive grandparent,
2420+custodian, or stepparent of;
2421+(B) child care worker for; or
2422+(C) coach of;
2423+a child less than eighteen (18) years of age;
2424+engages with the child in sexual intercourse, other sexual conduct (as
2425+defined in IC 35-31.5-2-221.5), or any fondling or touching with the
2426+ES 15—LS 6125/DI 153 57
2427+intent to arouse or satisfy the sexual desires of either the child or the
2428+adult, the person commits child seduction.
2429+(q) A person who:
2430+(1) has or had a professional relationship with a child less than
2431+eighteen (18) years of age whom the person knows to be less than
2432+eighteen (18) years of age;
2433+(2) may exert undue influence on the child because of the person's
2434+current or previous professional relationship with the child; and
2435+(3) uses or exerts the person's professional relationship to engage
2436+in sexual intercourse, other sexual conduct (as defined in
2437+IC 35-31.5-2-221.5), or any fondling or touching with the child
2438+with the intent to arouse or satisfy the sexual desires of the child
2439+or the person;
2440+commits child seduction.
2441+(r) A law enforcement officer who:
2442+(1) is at least four (4) years older than a child who is less than
2443+eighteen (18) years of age;
2444+(2) has contact with the child while acting within the scope of the
2445+law enforcement officer's official duties with respect to the child;
2446+and
2447+(3) uses or exerts the law enforcement officer's professional
2448+relationship with the child to engage with the child in:
2449+(A) sexual intercourse;
2450+(B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
2451+or
2452+(C) any fondling or touching with the child with the intent to
2453+arouse or satisfy the sexual desires of the child or the law
2454+enforcement officer;
2455+commits child seduction.
2456+(s) In determining whether a person used or exerted the person's
2457+professional relationship with the child to engage in sexual intercourse,
2458+other sexual conduct (as defined in IC 35-31.5-2-221.5), or any
2459+fondling or touching with the intent to arouse or satisfy the sexual
2460+desires of the child or the person under this section, the trier of fact
2461+may consider one (1) or more of the following:
2462+(1) The age difference between the person and the child.
2463+(2) Whether the person was in a position of trust with respect to
2464+the child.
2465+(3) Whether the person's conduct with the child violated any
2466+ethical obligations of the person's profession or occupation.
2467+(4) The authority that the person had over the child.
2468+(5) Whether the person exploited any particular vulnerability of
2469+ES 15—LS 6125/DI 153 58
2470+the child.
2471+(6) Any other evidence relevant to the person's ability to exert
2472+undue influence over the child.
2473+(t) This subsection does not apply to a workplace supervisor who
2474+had a dating relationship with the child before the child was employed
2475+at the place of employment. A workplace supervisor who:
2476+(1) is at least four (4) years older than a child who is less than
2477+eighteen (18) years of age;
2478+(2) supervises the child at the child's place of employment; and
2479+(3) uses or exerts the workplace supervisor's supervisory
2480+relationship with the child to engage with the child in:
2481+(A) sexual intercourse;
2482+(B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
2483+or
2484+(C) any fondling or touching with the child with the intent to
2485+arouse or satisfy the sexual desires of the child or the
2486+workplace supervisor;
2487+commits child seduction.
2488+(u) In determining whether a workplace supervisor used or exerted
2489+the workplace supervisor's relationship with the child to engage in
2490+sexual intercourse, other sexual conduct (as defined in
2491+IC 35-31.5-2-221.5), or any fondling or touching with the intent to
2492+arouse or satisfy the sexual desires of the child or the workplace
2493+supervisor, the trier of fact may consider one (1) or more of the
2494+following:
2495+(1) The age difference between the workplace supervisor and the
2496+child.
2497+(2) Whether the workplace supervisor was in a position of trust
2498+with respect to the child.
2499+(3) Whether the workplace supervisor suggested to the child that
2500+engaging or not engaging in sexual activity with the workplace
2501+supervisor would or could affect the child at the child's place of
2502+employment.
2503+(4) The authority that the workplace supervisor had over the child.
2504+(5) Whether the workplace supervisor exploited any particular
2505+vulnerability of the child.
2506+(6) Any other evidence relevant to the workplace supervisor's
2507+ability to exert undue influence over the child.
2508+(v) Child seduction under this section is:
2509+(1) a Level 6 felony if the child is at least sixteen (16) years of age
2510+but less than eighteen (18) years of age and the person or law
2511+enforcement officer engaged in any fondling or touching with the
2512+ES 15—LS 6125/DI 153 59
2513+intent to arouse or satisfy the sexual desires of:
2514+(A) the child; or
2515+(B) the person or law enforcement officer;
2516+(2) a Level 5 felony if the child is at least sixteen (16) years of age
2517+but less than eighteen (18) years of age and the person or law
2518+enforcement officer engaged in sexual intercourse or other sexual
2519+conduct (as defined in IC 35-31.5-2-221.5) with the child;
2520+(3) a Level 5 felony if the child is at least fourteen (14) years of
2521+age but less than sixteen (16) years of age and the person or law
2522+enforcement officer engaged in any fondling or touching with the
2523+intent to arouse or satisfy the sexual desires of:
2524+(A) the child; or
2525+(B) the person or law enforcement officer;
2526+(4) a Level 4 felony if the child is at least fourteen (14) years of
2527+age but less than sixteen (16) years of age and the person or law
2528+enforcement officer engaged in sexual intercourse or other sexual
2529+conduct (as defined in IC 35-31.5-2-221.5) with the child;
2530+(5) a Level 3 felony if the child is thirteen (13) years of age or
2531+under and the person or law enforcement officer engaged in any
2532+fondling or touching with the intent to arouse or satisfy the sexual
2533+desires of:
2534+(A) the child; or
2535+(B) the person or law enforcement officer; and
2536+(6) a Level 2 felony if the child is thirteen (13) years of age or
2537+under and the person or law enforcement officer engaged in
2538+sexual intercourse or other sexual conduct (as defined in
2539+IC 35-31.5-2-221.5) with the child.
2540+SECTION 38. IC 36-8-4.7-3, AS ADDED BY P.L.115-2016,
2541+SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2542+JULY 1, 2024]: Sec. 3. As used in this chapter, "armed forces" means
2543+the active and reserve components of the following:
2544+(1) The United States Army.
2545+(2) The United States Navy.
2546+(3) The United States Air Force.
2547+(4) The United States Marine Corps.
2548+(5) The United States Space Force.
2549+(5) (6) The United States Coast Guard.
2550+(6) (7) The Indiana National Guard.".
2551+Renumber all SECTIONS consecutively.
2552+(Reference is to ESB 15 as printed February 27, 2024.)
2553+BARTELS
2554+ES 15—LS 6125/DI 153