14 | | - | SECTION 1. IC 22-2-19 IS ADDED TO THE INDIANA CODE AS |
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15 | | - | A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY |
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16 | | - | 1, 2024]: |
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17 | | - | Chapter 19. Veterans' Benefits and Services Information |
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18 | | - | Sec. 1. (a) As used in this chapter, "department of labor" refers |
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19 | | - | to the department of labor created by IC 22-1-1-1. |
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20 | | - | (b) As used in this chapter, "department of veterans' affairs" |
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21 | | - | refers to the Indiana department of veterans' affairs established by |
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22 | | - | IC 10-17-1-2. |
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23 | | - | Sec. 2. The department of labor shall consult with the |
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24 | | - | department of veterans' affairs to create and distribute to |
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25 | | - | employers described in section 4 of this chapter a veterans' benefits |
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26 | | - | and services poster. |
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27 | | - | Sec. 3. The poster described in section 2 of this chapter must |
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28 | | - | contain: |
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29 | | - | (1) information concerning benefits and services available to |
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30 | | - | veterans, including: |
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31 | | - | (A) substance abuse and mental health treatment; |
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32 | | - | (B) federal disability compensation; |
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33 | | - | (C) educational resources; |
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34 | | - | (D) employment and reemployment rights; |
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35 | | - | (E) tax credits, exemptions, and refunds; |
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36 | | - | (F) Indiana veteran driver's licenses and photo |
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37 | | - | SEA 15 — CC 1 2 |
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38 | | - | identification cards; |
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39 | | - | (G) free or low cost legal assistance; and |
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40 | | - | (H) minority veteran resources; and |
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41 | | - | (2) contact information for the following: |
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42 | | - | (A) The United States Department of Veterans Affairs. |
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43 | | - | (B) The department of veterans' affairs. |
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44 | | - | (C) The Veterans Crisis Line. |
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45 | | - | Sec. 4. Every employer under the jurisdiction of the department |
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46 | | - | of labor with more than fifty (50) full-time employees (or their |
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47 | | - | equivalent) shall display the poster distributed under section 2 of |
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48 | | - | this chapter in a conspicuous place where employees are employed. |
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49 | | - | SEA 15 — CC 1 President of the Senate |
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50 | | - | President Pro Tempore |
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51 | | - | Speaker of the House of Representatives |
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52 | | - | Governor of the State of Indiana |
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53 | | - | Date: Time: |
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54 | | - | SEA 15 — CC 1 |
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| 77 | + | 1 SECTION 1. IC 3-5-2-49.3, AS AMENDED BY P.L.227-2023, |
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| 78 | + | 2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 79 | + | 3 JULY 1, 2024]: Sec. 49.3. "Uniformed services" means any of the |
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| 80 | + | 4 following: |
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| 81 | + | 5 (1) The United States Army. |
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| 82 | + | 6 (2) The United States Navy. |
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| 83 | + | 7 (3) The United States Air Force. |
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| 84 | + | 8 (4) The United States Marine Corps. |
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| 85 | + | 9 (5) The United States Coast Guard. |
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| 86 | + | 10 (6) The United States Space Force. |
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| 87 | + | 11 (7) The commissioned corps of the Public Health Service. |
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| 88 | + | 12 (8) The commissioned corps of the National Oceanic and |
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| 89 | + | 13 Atmospheric Administration. |
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| 90 | + | 14 SECTION 2. IC 5-9-4-3 IS AMENDED TO READ AS FOLLOWS |
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| 91 | + | 15 [EFFECTIVE JULY 1, 2024]: Sec. 3. As used in this chapter, "armed |
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| 92 | + | 16 forces of the United States" means the active or reserve components of |
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| 93 | + | 17 the: |
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| 94 | + | ES 15—LS 6125/DI 153 2 |
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| 95 | + | 1 (1) the United States Army; |
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| 96 | + | 2 (2) the United States Navy; |
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| 97 | + | 3 (3) the United States Air Force; |
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| 98 | + | 4 (4) the United States Coast Guard; |
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| 99 | + | 5 (5) the United States Marine Corps; or |
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| 100 | + | 6 (6) United States Space Force; or |
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| 101 | + | 7 (6) (7) the United States Merchant Marine. |
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| 102 | + | 8 SECTION 3. IC 6-3-2-4, AS AMENDED BY P.L.162-2019, |
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| 103 | + | 9 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 104 | + | 10 JULY 1, 2024]: Sec. 4. (a) Each taxable year, an individual, or the |
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| 105 | + | 11 individual's surviving spouse, is entitled to the following: |
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| 106 | + | 12 (1) An adjusted gross income tax deduction for the first five |
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| 107 | + | 13 thousand dollars ($5,000) of income, excluding adjusted gross |
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| 108 | + | 14 income described in subdivision (2), received during the taxable |
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| 109 | + | 15 year by the individual, or the individual's surviving spouse, for the |
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| 110 | + | 16 individual's service in an active or reserve component of the |
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| 111 | + | 17 armed forces of the United States, including the United States |
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| 112 | + | 18 Army, United States Navy, United States Air Force, United |
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| 113 | + | 19 States Space Force, United States Coast Guard, United States |
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| 114 | + | 20 Marine Corps, United States Merchant Marine, Indiana Army |
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| 115 | + | 21 National Guard, or Indiana Air National Guard. |
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| 116 | + | 22 (2) An adjusted gross income tax deduction for income from |
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| 117 | + | 23 retirement or survivor's benefits received during the taxable year |
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| 118 | + | 24 by the individual, or the individual's surviving spouse, for the |
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| 119 | + | 25 individual's service in an active or reserve component of the |
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| 120 | + | 26 armed forces of the United States, including the United States |
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| 121 | + | 27 Army, United States Navy, United States Air Force, United |
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| 122 | + | 28 States Space Force, United States Coast Guard, United States |
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| 123 | + | 29 Marine Corps, United States Merchant Marine, Indiana Army |
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| 124 | + | 30 National Guard, or Indiana Air National Guard. The amount of |
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| 125 | + | 31 the deduction is the lesser of: |
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| 126 | + | 32 (A) the benefits included in the adjusted gross income of the |
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| 127 | + | 33 individual or the individual's surviving spouse; or |
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| 128 | + | 34 (B) six thousand two hundred fifty dollars ($6,250) plus the |
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| 129 | + | 35 following: |
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| 130 | + | 36 (i) For taxable years beginning in 2019, twenty-five percent |
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| 131 | + | 37 (25%) of the amount of the benefits in excess of six |
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| 132 | + | 38 thousand two hundred fifty dollars ($6,250). |
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| 133 | + | 39 (ii) For taxable years beginning in 2020, fifty percent (50%) |
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| 134 | + | 40 of the amount of the benefits in excess of six thousand two |
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| 135 | + | 41 hundred fifty dollars ($6,250). |
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| 136 | + | 42 (iii) For taxable years beginning in 2021, seventy-five |
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| 137 | + | ES 15—LS 6125/DI 153 3 |
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| 138 | + | 1 percent (75%) of the amount of the benefits in excess of six |
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| 139 | + | 2 thousand two hundred fifty dollars ($6,250). |
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| 140 | + | 3 (iv) For taxable years beginning after 2021, one hundred |
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| 141 | + | 4 percent (100%) of the amount of the benefits in excess of six |
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| 142 | + | 5 thousand two hundred fifty dollars ($6,250). |
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| 143 | + | 6 (b) An individual whose qualified military income is subtracted |
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| 144 | + | 7 from the individual's federal adjusted gross income under |
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| 145 | + | 8 IC 6-3-1-3.5(a)(18) for Indiana individual income tax purposes is not, |
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| 146 | + | 9 for that taxable year, entitled to a deduction under this section for the |
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| 147 | + | 10 same qualified military income that is deducted under |
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| 148 | + | 11 IC 6-3-1-3.5(a)(18). |
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| 149 | + | 12 SECTION 4. IC 9-13-2-5.3, AS ADDED BY P.L.198-2016, |
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| 150 | + | 13 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 151 | + | 14 JANUARY 1, 2025]: Sec. 5.3. "Armed forces of the United States" |
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| 152 | + | 15 means the following: |
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| 153 | + | 16 (1) The United States Army. |
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| 154 | + | 17 (2) The United States Navy. |
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| 155 | + | 18 (3) The United States Air Force. |
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| 156 | + | 19 (4) The United States Marine Corps. |
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| 157 | + | 20 (5) The United States Space Force. |
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| 158 | + | 21 (5) (6) The United States Coast Guard. |
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| 159 | + | 22 SECTION 5. IC 10-16-6-9 IS AMENDED TO READ AS |
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| 160 | + | 23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. An enlisted person |
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| 161 | + | 24 who is discharged from service in the Indiana National Guard shall |
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| 162 | + | 25 receive a discharge in writing in the form and with the classification |
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| 163 | + | 26 prescribed by national guard regulations. In time of peace, a discharge |
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| 164 | + | 27 may be given before the expiration of an enlistment term in the |
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| 165 | + | 28 following cases: |
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| 166 | + | 29 (1) By sentence of a general court-martial. |
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| 167 | + | 30 (2) By direction of the governor on account of disability. |
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| 168 | + | 31 (3) On account of sentence of imprisonment by a civil court, |
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| 169 | + | 32 whether suspended or not. |
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| 170 | + | 33 (4) On account of a bona fide permanent change of residence to |
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| 171 | + | 34 another state. |
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| 172 | + | 35 (5) For the purpose of enlisting in the: |
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| 173 | + | 36 (A) United States Army; |
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| 174 | + | 37 (B) United States Air Force; |
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| 175 | + | 38 (C) United States Navy; or |
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| 176 | + | 39 (D) United States Marine Corps; or |
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| 177 | + | 40 (E) United States Space Force. |
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| 178 | + | 41 (6) For other causes prescribed by national guard regulations or |
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| 179 | + | 42 the commander in chief. |
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| 180 | + | ES 15—LS 6125/DI 153 4 |
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| 181 | + | 1 However, an enlisted person who has not returned or accounted for all |
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| 182 | + | 2 of the public property for which the enlisted person is responsible may |
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| 183 | + | 3 not receive an honorable discharge. |
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| 184 | + | 4 SECTION 6. IC 10-16-20-2, AS AMENDED BY P.L.99-2016, |
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| 185 | + | 5 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 186 | + | 6 JULY 1, 2024]: Sec. 2. The following definitions apply throughout this |
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| 187 | + | 7 chapter: |
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| 188 | + | 8 (1) "Military service" means: |
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| 189 | + | 9 (A) in the case of a servicemember who is a member or |
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| 190 | + | 10 reserve member of the United States Army, United States |
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| 191 | + | 11 Navy, United States Air Force, United States Marine Corps, |
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| 192 | + | 12 United States Space Force, or United States Coast Guard, |
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| 193 | + | 13 full-time duty in the active military service, of the United |
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| 194 | + | 14 States, including: |
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| 195 | + | 15 (i) full-time training duty; |
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| 196 | + | 16 (ii) annual training duty; and |
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| 197 | + | 17 (iii) attendance while at a school designated as a service |
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| 198 | + | 18 school by federal law or by the secretary of the military |
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| 199 | + | 19 department concerned; |
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| 200 | + | 20 (B) in the case of a member or reserve member of the Indiana |
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| 201 | + | 21 National Guard, service under a call to active: |
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| 202 | + | 22 (i) service authorized by the President of the United States |
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| 203 | + | 23 or the Secretary of Defense for a period of more than thirty |
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| 204 | + | 24 (30) days in response to a national emergency declared by |
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| 205 | + | 25 the President of the United States; or |
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| 206 | + | 26 (ii) duty as defined by IC 10-16-7-23(a) for a period of more |
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| 207 | + | 27 than thirty (30) consecutive days; |
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| 208 | + | 28 (C) in the case of a servicemember who is a commissioned |
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| 209 | + | 29 officer of the Public Health Service or the National Oceanic |
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| 210 | + | 30 and Atmospheric Administration, active service; |
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| 211 | + | 31 (D) in the case of a member or reserve member of the national |
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| 212 | + | 32 guard of another state, service under an order by the governor |
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| 213 | + | 33 of that state to active duty for a period of more than thirty (30) |
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| 214 | + | 34 consecutive days; or |
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| 215 | + | 35 (E) any period during which a servicemember is absent from |
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| 216 | + | 36 duty on account of sickness, wounds, leave, or other lawful |
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| 217 | + | 37 cause. |
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| 218 | + | 38 (2) "Servicemember" means an individual engaged in military |
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| 219 | + | 39 service. |
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| 220 | + | 40 SECTION 7. IC 10-17-2-2, AS AMENDED BY P.L.42-2020, |
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| 221 | + | 41 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 222 | + | 42 JULY 1, 2024]: Sec. 2. A book providing for the recording of |
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| 223 | + | ES 15—LS 6125/DI 153 5 |
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| 224 | + | 1 discharges from the United States Army, United States Navy, or any |
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| 225 | + | 2 other branch of the service must consist of printed forms in blank, |
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| 226 | + | 3 similar to and in conformity with the wording of the forms of discharge |
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| 227 | + | 4 used by the United States government, the size of type being reduced |
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| 228 | + | 5 to permit the printing of the form of the discharge on one (1) page of |
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| 229 | + | 6 the record. Each book must be provided with an alphabetical index. |
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| 230 | + | 7 The standards imposed by this section apply to the preservation of |
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| 231 | + | 8 discharges in an electronic format under section 1(a)(2) of this chapter. |
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| 232 | + | 9 SECTION 8. IC 10-17-9-0.9 IS ADDED TO THE INDIANA CODE |
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| 233 | + | 10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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| 234 | + | 11 1, 2024]: Sec. 0.9. As used in this chapter, "uniformed services" |
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| 235 | + | 12 means the following: |
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| 236 | + | 13 (1) The United States Army. |
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| 237 | + | 14 (2) The United States Air Force. |
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| 238 | + | 15 (3) The United States Navy. |
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| 239 | + | 16 (4) The United States Marine Corps. |
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| 240 | + | 17 (5) The United States Space Force. |
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| 241 | + | 18 (6) The United States Coast Guard. |
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| 242 | + | 19 (7) The commissioned corps of the National Oceanic and |
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| 243 | + | 20 Atmospheric Administration. |
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| 244 | + | 21 (8) The commissioned corps of the Public Health Service. |
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| 245 | + | 22 SECTION 9. IC 10-17-9-7, AS AMENDED BY P.L.113-2010, |
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| 246 | + | 23 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 247 | + | 24 JULY 1, 2024]: Sec. 7. (a) As used in this section, "eligible person" |
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| 248 | + | 25 refers to either of the following: |
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| 249 | + | 26 (1) An honorably discharged member of the armed forces. A |
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| 250 | + | 27 member of the uniformed services who was discharged or |
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| 251 | + | 28 released from the uniformed services under conditions other |
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| 252 | + | 29 than dishonorable. |
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| 253 | + | 30 (2) The spouse or surviving spouse of an honorably discharged |
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| 254 | + | 31 member of the armed forces. a member of the uniformed |
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| 255 | + | 32 services who was discharged or released from the uniformed |
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| 256 | + | 33 services under conditions other than dishonorable. |
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| 257 | + | 34 (b) An eligible person who has a disability or is destitute is eligible |
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| 258 | + | 35 for admission to the home if: |
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| 259 | + | 36 (1) the eligible person has been a resident of Indiana for at least |
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| 260 | + | 37 one (1) year immediately preceding application for or establishes |
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| 261 | + | 38 residency in Indiana within six (6) months after admission to |
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| 262 | + | 39 the home; or |
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| 263 | + | 40 (2) in the case of an eligible person referred to in subsection |
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| 264 | + | 41 (a)(1), the eligible person was a resident of Indiana when the |
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| 265 | + | 42 eligible person enlisted in the armed forces. uniformed services. |
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| 266 | + | ES 15—LS 6125/DI 153 6 |
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| 267 | + | 1 (c) The Indiana department of veterans' affairs shall adopt rules |
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| 268 | + | 2 concerning admission to the home. |
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| 269 | + | 3 (d) In adopting rules governing the admission, maintenance, and |
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| 270 | + | 4 discharge of members of the home, the Indiana department of veterans' |
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| 271 | + | 5 affairs may establish a fund called the veterans' home comfort and |
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| 272 | + | 6 welfare fund. The director shall deposit all money collected from the |
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| 273 | + | 7 members for the cost of their care and maintenance in the fund. The |
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| 274 | + | 8 director shall expend this money in any manner that adds to the comfort |
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| 275 | + | 9 and welfare of the members of the institutions. |
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| 276 | + | 10 (e) A part of the veterans' home comfort and welfare fund may be |
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| 277 | + | 11 withdrawn and deposited in a special fund called the veterans' home |
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| 278 | + | 12 building fund. The veterans' home building fund shall be used for the |
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| 279 | + | 13 construction, maintenance, remodeling, or repair of buildings of the |
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| 280 | + | 14 home. |
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| 281 | + | 15 (f) Preference under this section may be given to a person who |
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| 282 | + | 16 served in an Indiana military organization. Except in cases where the |
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| 283 | + | 17 surviving spouse of a veteran marries another veteran, the benefits of |
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| 284 | + | 18 this chapter extend only to a surviving spouse and the spouse of a |
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| 285 | + | 19 veteran if the contract of marriage was entered into more than five (5) |
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| 286 | + | 20 years before the date of death of the veteran. Except as otherwise |
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| 287 | + | 21 provided by law, upon the death of a person in the home, money paid |
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| 288 | + | 22 to the person or due to the person from a bank, a trust company, a |
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| 289 | + | 23 corporation, or an individual becomes an asset of the person's estate |
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| 290 | + | 24 and shall be distributed in the manner prescribed by the probate law of |
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| 291 | + | 25 the state. |
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| 292 | + | 26 SECTION 10. IC 10-17-10-1 IS AMENDED TO READ AS |
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| 293 | + | 27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. If: |
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| 294 | + | 28 (1) a person: |
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| 295 | + | 29 (A) has served as a member of the armed forces of the United |
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| 296 | + | 30 States as a soldier, sailor, or marine in the army, air force, or |
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| 297 | + | 31 navy of the United States or as a member of the women's |
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| 298 | + | 32 components of the army, air force, or navy of the United |
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| 299 | + | 33 States, United States Army, United States Air Force, United |
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| 300 | + | 34 States Navy, United States Marine Corps, or United States |
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| 301 | + | 35 Space Force, is a resident of Indiana, and dies while a |
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| 302 | + | 36 member of the armed forces and before discharge from the |
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| 303 | + | 37 armed forces or after receiving an honorable discharge from |
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| 304 | + | 38 the armed forces; or |
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| 305 | + | 39 (B) is the spouse or surviving spouse of a person described in |
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| 306 | + | 40 clause (A) and is a resident of Indiana; and |
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| 307 | + | 41 (2) a claim is filed for a burial allowance: |
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| 308 | + | 42 (A) by an interested person with the board of commissioners |
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| 309 | + | ES 15—LS 6125/DI 153 7 |
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| 310 | + | 1 of the county of the residence of the deceased person; and |
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| 311 | + | 2 (B) stating the fact: |
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| 312 | + | 3 (i) of the service, death, and discharge if discharged from |
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| 313 | + | 4 service before death; and |
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| 314 | + | 5 (ii) that the body has been buried in a decent and respectable |
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| 315 | + | 6 manner in a cemetery or burial ground; |
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| 316 | + | 7 the board of commissioners shall hear and determine the claim like |
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| 317 | + | 8 other claims and, if the facts averred are found to be true, shall allow |
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| 318 | + | 9 the claim in an amount set by ordinance. However, the amount of the |
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| 319 | + | 10 allowance may not be more than one thousand dollars ($1,000). |
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| 320 | + | 11 SECTION 11. IC 10-17-11-10, AS AMENDED BY P.L.61-2023, |
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| 321 | + | 12 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 322 | + | 13 JULY 1, 2024]: Sec. 10. (a) A veteran who is eligible to be buried in |
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| 323 | + | 14 a national cemetery according to 38 U.S.C. 2402 is eligible to be buried |
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| 324 | + | 15 in the Indiana state veterans' cemetery established under this chapter. |
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| 325 | + | 16 (b) The spouse of a veteran who is eligible to be buried in a national |
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| 326 | + | 17 cemetery according to 38 U.S.C. 2402 is eligible to be buried in the |
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| 327 | + | 18 Indiana state veterans' cemetery established under this chapter. |
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| 328 | + | 19 (c) An individual who is a member of: |
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| 329 | + | 20 (1) a reserve component of the armed forces of the United States: |
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| 330 | + | 21 (A) who was discharged or released from service under |
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| 331 | + | 22 conditions other than dishonorable; or |
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| 332 | + | 23 (B) whose death occurs under conditions other than |
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| 333 | + | 24 dishonorable while a member of a reserve component of the |
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| 334 | + | 25 armed forces of the United States; |
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| 335 | + | 26 (2) the Indiana Army National Guard or the Indiana Air National |
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| 336 | + | 27 Guard: |
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| 337 | + | 28 (A) who was discharged or released from service under |
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| 338 | + | 29 conditions other than dishonorable; or |
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| 339 | + | 30 (B) whose death occurs under conditions other than |
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| 340 | + | 31 dishonorable while a member of the Indiana Army National |
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| 341 | + | 32 Guard or the Indiana Air National Guard; or |
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| 342 | + | 33 (3) the Reserve Officers' Training Corps of the United States |
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| 343 | + | 34 Army, United States Navy, or United States Air Force whose |
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| 344 | + | 35 death occurs under conditions other than dishonorable while a |
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| 345 | + | 36 member of the Reserve Officers' Training Corps of the United |
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| 346 | + | 37 States Army, United States Navy, or United States Air Force; |
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| 347 | + | 38 is eligible to be buried in the Indiana state veterans' cemetery |
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| 348 | + | 39 established by this chapter. |
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| 349 | + | 40 (d) The following relatives of an individual described in subsection |
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| 350 | + | 41 (c) are eligible to be buried in the Indiana state veterans' cemetery |
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| 351 | + | 42 established by this chapter: |
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| 352 | + | ES 15—LS 6125/DI 153 8 |
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| 353 | + | 1 (1) A spouse. |
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| 354 | + | 2 (2) A minor child. |
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| 355 | + | 3 (3) An unmarried adult child. |
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| 356 | + | 4 SECTION 12. IC 10-17-12-2, AS AMENDED BY P.L.50-2009, |
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| 357 | + | 5 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 358 | + | 6 JULY 1, 2024]: Sec. 2. As used in this chapter, "armed forces" includes |
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| 359 | + | 7 the active or reserve components of the following: |
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| 360 | + | 8 (1) The United States Army. |
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| 361 | + | 9 (2) The United States Navy. |
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| 362 | + | 10 (3) The United States Marine Corps. |
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| 363 | + | 11 (4) The United States Air Force. |
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| 364 | + | 12 (5) The United States Space Force. |
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| 365 | + | 13 (5) (6) The United States Coast Guard. |
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| 366 | + | 14 SECTION 13. IC 10-17-13.5-1.5 IS ADDED TO THE INDIANA |
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| 367 | + | 15 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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| 368 | + | 16 [EFFECTIVE JULY 1, 2024]: Sec. 1.5. As used in this chapter, |
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| 369 | + | 17 "eligible person" means an individual residing in Indiana who is: |
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| 370 | + | 18 (1) an immediate family member (as defined in IC 3-5-5-0.5) |
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| 371 | + | 19 of the veteran; or |
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| 372 | + | 20 (2) the primary caregiver of the veteran. |
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| 373 | + | 21 SECTION 14. IC 10-17-13.5-1.7 IS ADDED TO THE INDIANA |
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| 374 | + | 22 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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| 375 | + | 23 [EFFECTIVE JULY 1, 2024]: Sec. 1.7. As used in this chapter, |
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| 376 | + | 24 "primary caregiver" means an individual who: |
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| 377 | + | 25 (1) is at least eighteen (18) years of age; |
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| 378 | + | 26 (2) is: |
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| 379 | + | 27 (A) the veteran's: |
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| 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 |
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| 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. |
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| 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; |
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| 2415 | + | predominantly for children less than eighteen (18) years of age. |
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| 2416 | + | (p) If a person who: |
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| 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; |
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| 2421 | + | (B) child care worker for; or |
---|
| 2422 | + | (C) coach of; |
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| 2423 | + | a child less than eighteen (18) years of age; |
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| 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. |
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| 2429 | + | (q) A person who: |
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| 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; |
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| 2433 | + | (2) may exert undue influence on the child because of the person's |
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| 2434 | + | current or previous professional relationship with the child; and |
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| 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. |
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| 2441 | + | (r) A law enforcement officer who: |
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| 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 |
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| 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; |
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| 2455 | + | commits child seduction. |
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| 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 |
---|