*EH1111.1* March 5, 2025 ENGROSSED HOUSE BILL No. 1111 _____ DIGEST OF HB 1111 (Updated March 4, 2025 9:49 am - DI 140) Citations Affected: IC 5-10; IC 10-16; IC 21-13; IC 34-30. Synopsis: Indiana National Guard. Increases, from $8,800 to $20,000, the amount that shall be paid by the state if a member of the Indiana National Guard dies in the active service of the state. Provides that a spouse or dependent of a member of the Indiana National Guard is eligible for a state employee death benefit if the member dies while serving on state active duty. Provides that the adjutant general may procure a medical insurance plan for members of the Indiana National Guard who are ordered to state active duty. Adds awards and decorations that may be awarded by the Indiana National Guard. Provides that members of the Indiana National Guard, while serving on state active duty, shall be considered state employees for purposes of (Continued next page) Effective: July 1, 2025. Bartels, Lawson, O'Brien, Moseley (SENATE SPONSORS — BALDWIN, TOMES, GOODE, FORD J.D.) January 8, 2025, read first time and referred to Committee on Veterans Affairs and Public Safety. January 21, 2025, reported — Do Pass. January 27, 2025, read second time, amended, ordered engrossed. January 28, 2025, engrossed. Read third time, passed. Yeas 90, nays 0. SENATE ACTION February 18, 2025, read first time and referred to Committee on Veterans Affairs and The Military. March 4, 2025, reported favorably — Do Pass; reassigned to Committee on Appropriations. EH 1111—LS 6459/DI 116 Digest Continued receiving worker's compensation. Provides that a scholarship applicant of the National Guard tuition supplement program may use the scholarship for a credential-certifying program, licensing program, trade certification program, or apprenticeship program for an in- demand occupation as identified by the adjutant general and the department of workforce development, in consultation with the commission for higher education. Provides that if a scholarship applicant of the National Guard tuition supplement program receives a twenty-first century scholars program scholarship, the scholarship applicant may use a National Guard tuition supplement program scholarship awarded to pay for qualified program and educational expenses approved by the commission for higher education and room and board for two years. Makes technical corrections. EH 1111—LS 6459/DI 116EH 1111—LS 6459/DI 116 March 5, 2025 First Regular Session of the 124th General Assembly (2025) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2024 Regular Session of the General Assembly. ENGROSSED HOUSE BILL No. 1111 A BILL FOR AN ACT to amend the Indiana Code concerning public safety. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 5-10-11-3, AS AMENDED BY P.L.2-2007, 2 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2025]: Sec. 3. As used in this chapter, "state employee" means 4 an employee of a state agency, except a state educational institution. 5 The term includes a member of the Indiana National Guard while 6 the member is serving on state active duty. "State employee" does 7 not include a public safety officer who receives benefits under 8 IC 5-10-10. 9 SECTION 2. IC 10-16-7-7 IS AMENDED TO READ AS 10 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) The governor 11 shall order on state duty all or part of the national guard Indiana 12 National Guard in the following cases: 13 (1) War. 14 (2) Invasion. 15 (3) Insurrection. 16 (4) Public disaster. 17 (5) Breach of the peace or imminent danger of breach of the EH 1111—LS 6459/DI 116 2 1 peace. 2 (6) Forcible obstruction of the execution of the laws, or 3 reasonable belief that the execution of the laws will be obstructed. 4 (7) At any other time the governor considers necessary. 5 (b) A member of the Indiana national guard National Guard who 6 is ordered out on duty may not be held civilly liable for any act done by 7 the person in the discharge of the person's military duty. The member 8 may not be subject to criminal prosecution if an alleged criminal act 9 occurred while the member was carrying out the orders of a superior 10 officer that the member reasonably believed to be legal orders under all 11 of the attendant facts and circumstances. 12 (c) If the President of the United States calls, orders, or requisitions 13 troops, the governor shall first order into the service of the United 14 States the organization and arms of the service specified in the 15 president's requisition. 16 (d) If a civil suit or proceeding is commenced in any court by any 17 person against any member of the Indiana national guard National 18 Guard acting under the authority of an order described in subsection 19 (b), the attorney general shall defend the member. If the action or 20 proceeding is criminal, the governor shall designate counsel to 21 represent the accused and the state will be financially responsible for 22 the expense of the defense of any civil or criminal action incurred. The 23 expenses for the defense shall be paid by the adjutant general out of 24 appropriated funds. 25 (e) The adjutant general may procure a medical insurance plan 26 for members of the Indiana National Guard who are ordered to 27 state active duty. 28 SECTION 3. IC 10-16-7-18 IS AMENDED TO READ AS 29 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 18. (a) A member of 30 the Indiana national guard National Guard who 31 (1) when on duty or assembled for duty, in case of riot, tumult, 32 breach of peace, insurrection, invasion, public disaster or 33 whenever ordered by the governor, the commanding general of 34 the national guard, Indiana National Guard, or called to the aid 35 of civil authorities, is injured, is disabled, or contracts a disease 36 because of the member's duty or assembly; or 37 (2) without fault or neglect on that member's part, is wounded or 38 disabled while performing any lawfully ordered duty that 39 temporarily incapacitates the member from pursuing the member's 40 usual business or occupation; 41 shall, during the period of incapacity, receive the pay to which the 42 member was entitled while on or assembled for duty, plus any actual EH 1111—LS 6459/DI 116 3 1 necessary expenses for care and medical attention. shall be considered 2 a state employee for purposes of receiving worker's compensation 3 under IC 22-3. The receipt of worker's compensation by a member 4 of the Indiana National Guard shall not be construed as an 5 exclusive remedy (as described in IC 22-3-2-6) for purposes of 6 determining the member's eligibility for the member's retirement 7 benefits or other benefits provided to a member of the Indiana 8 National Guard. 9 (b) If a claim is made under this section, the adjutant general may 10 cause examinations of the claimant to be made from time to time by a 11 medical officer designated for that purpose by the adjutant general. The 12 adjutant general may direct the removal of a claimant to and treatment 13 in a hospital designated by the adjutant general. If the claimant refuses: 14 (1) to allow an examination; or 15 (2) to go to a designated hospital or to otherwise follow the advice 16 or treatment prescribed; 17 the claimant forfeits and is barred from all right to any claim or 18 allowance under this section. 19 (c) Under this chapter: 20 (1) a disability may not be considered temporary if the disability 21 continues for more than one (1) year from the date of receiving 22 the injury or of incurring or contracting the disease or disability; 23 and 24 (2) pay and expenses for care and medical attendance for more 25 than one (1) year is not allowed. 26 (d) The adjutant general may appoint a medical examiner or a board 27 of three (3) officers, at least one (1) being a medical officer, to inquire 28 into the merits of any claim arising under this section. However, the 29 adjutant general may determine any claim without appointing a medical 30 examiner and fix the amount to be allowed under this section. A 31 medical examiner or board appointed under this section has the same 32 power to take evidence, administer oaths, issue subpoenas and compel 33 witnesses to attend and testify and produce books and papers and 34 punish their failures to do so as is possessed by a general court-martial. 35 The findings of the medical examiner or board are subject to the 36 approval of the adjutant general, who may return the proceedings of the 37 medical examiner or board for revision and for taking further 38 testimony. The amount found due a member by the medical examiner 39 or board and approved by the adjutant general of the state shall be paid 40 by the state in the same manner as other military accounts are paid. 41 SECTION 4. IC 10-16-7-19, AS AMENDED BY P.L.92-2016, 42 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE EH 1111—LS 6459/DI 116 4 1 JULY 1, 2025]: Sec. 19. (a) A member of the Indiana national guard 2 National Guard who is wounded or disabled or was disabled in the 3 service of the state including service related to: 4 (1) a riot; 5 (2) a tumult; 6 (3) a breach of the peace; 7 (4) a resistance to process; 8 (5) an invasion; 9 (6) a public disaster; 10 (7) the aid of civil authority; or 11 (8) a lawfully ordered parade, drill, encampment, or inspection; 12 within ten (10) years preceding the member's application for a pension 13 under this chapter shall, upon proof of the disability, be placed on the 14 roll of invalid pensioners of the state and shall receive out of money in 15 the state treasury not otherwise appropriated, upon the audit of the 16 adjutant general and approval of the governor, the same pension or 17 reward that a person under similar circumstances would receive from 18 the United States. In case of a wound, an injury, or a disease that results 19 in death, the surviving spouse, dependent children, or dependent parent 20 of the member of the Indiana national guard National Guard shall 21 receive the pension and reward dating from the time of receiving the 22 injuries on account of which the pension or reward is allowed. An 23 officer or enlisted person is not entitled while in active service to apply 24 for or receive a pension. 25 (b) If a member of the Indiana national guard National Guard dies 26 in the active service of the state, the member's reasonable funeral 27 expenses, not exceeding eight thousand eight hundred dollars ($8,800), 28 twenty thousand dollars ($20,000), shall be paid by the state in the 29 manner as the governor directs. 30 (c) This section does not make applicable any provision of the 31 national service life insurance law of the United States, and the pension 32 or reward granted under this section shall be that provided for by the 33 pension laws of the United States in substance, without regard to form. 34 SECTION 5. IC 10-16-12-1, AS AMENDED BY P.L.169-2013, 35 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 36 JULY 1, 2025]: Sec. 1. The following awards and decorations are 37 established to be bestowed upon the officers and enlisted persons of the 38 armed forces of Indiana under the conditions and in the manner 39 provided in this article: 40 (1) An Indiana Distinguished Service Cross shall be awarded to 41 any commissioned officer or enlisted person of the militia, who: 42 (A) performs, at great personal danger and risk of life or limb EH 1111—LS 6459/DI 116 5 1 in peace or war, any act of heroism designed to protect life or 2 property; or 3 (B) in the face of a military or armed enemy of the United 4 States government or of the state of Indiana, performs an act 5 over and beyond the call of duty, which act, danger, or risk the 6 officer or enlisted person could have failed to perform or incur 7 without being subject to censure for neglect of duty; or 8 (C) through an act of courage contributes directly to 9 saving the life or lives of others. 10 (2) An Indiana Distinguished Service Medal shall be awarded to 11 a commissioned officer or an enlisted person of the militia and 12 other officers, enlisted persons, and civilians, who perform 13 unusually distinguished or meritorious service, that: 14 (A) to a marked degree is reflected in the increased efficiency 15 of the militia; or 16 (B) brings exceptional and great honor or credit to the Indiana 17 armed forces and commands the attention and respect of the 18 citizens of Indiana and of the military establishment 19 throughout the United States. 20 (3) Long Service Medals shall be awarded to officers and enlisted 21 persons for honest and faithful service in the federally recognized 22 Indiana national guard National Guard for periods of: 23 (A) ten (10) years; 24 (B) fifteen (15) years; 25 (C) twenty (20) years; 26 (D) twenty-five (25) years; and 27 (E) for longer periods. 28 A symbol shall be worn on the ribbon of each medal, one (1) for 29 each year in addition to the period for which the medal was 30 issued, until the officer or enlisted person is entitled to a medal 31 for the next period for which a different long service medal is 32 issued. 33 (4) An Indiana national guard National Guard commendation 34 medal shall be awarded to any commissioned officer or enlisted 35 person of the militia and other officers, enlisted persons, and 36 civilians, who have distinguished themselves by meritorious 37 achievement or meritorious service. The required meritorious 38 achievement or meritorious service while of lesser degree than 39 that required for the award of the Indiana distinguished service 40 medal must have been accomplished with distinction. The award 41 may be made for acts of outstanding courage that do not meet the 42 requirements for award of the Indiana distinguished service EH 1111—LS 6459/DI 116 6 1 medal. It is particularly desirable that emphasis be placed on the 2 award of this decoration to outstanding company grade officers, 3 warrant officers, and enlisted personnel whose achievements and 4 service meet the prescribed standards. 5 (5) An Indiana achievement medal shall be awarded to any 6 officer or enlisted person of the militia and other officers, 7 enlisted persons, or civilians, who have distinguished 8 themselves by outstanding achievement or service. The 9 required achievement or service, while of lesser degree than 10 that required for the award of the Indiana National Guard 11 commendation medal, must have been accomplished with 12 distinction. 13 (5) (6) An Indiana Emergency Service Ribbon shall be awarded 14 to all currently assigned officers, warrant officers, and enlisted 15 members of the Indiana national guard National Guard who have 16 served on state active duty during a state emergency. For purposes 17 of this subdivision, "state emergency" means any emergency for 18 any period declared by the governor or the adjutant general. The 19 Indiana emergency service ribbon shall be awarded to denote 20 honorable state active military duty by members of the Indiana 21 army Army and air national guard Air National Guard during 22 state emergencies. 23 (6) (7) Other medals for any war or campaign or mobilization for 24 which a medal has not been awarded by the federal government 25 may be: 26 (A) established by executive order of the governor; and 27 (B) awarded to members of any federally recognized military 28 force of the state who participated in the military force. 29 (7) (8) An Air National Guard First Sergeant Ribbon is authorized 30 for a currently assigned member who serves or has previously 31 served as a first sergeant in the Indiana Air National Guard, if the 32 member meets the criteria set forth in clause (A). A request for an 33 award, including a retroactive award, must be submitted in the 34 manner set forth in clause (B), and meet any other criteria 35 established by the adjutant general. The ribbon shall consist of a 36 plain blue field with a silver diamond device in the center, and no 37 medal shall accompany the award of the ribbon. The ribbon shall 38 be awarded as follows: 39 (A) In recognition of meritorious service by a member of the 40 Indiana Air National Guard who has served in the first 41 sergeant career field, Special Duty Identifier 8F000, and who 42 meets the following criteria: EH 1111—LS 6459/DI 116 7 1 (i) Has been assigned to a valid first sergeant position for at 2 least three (3) years. 3 (ii) Graduated from either the United States Air Force 4 Academy or the Army National Guard First Sergeant 5 Academy. 6 (B) The individual unit commander of a member of the 7 Indiana Air National Guard who meets the criteria set forth in 8 clause (A) shall submit a letter to the wing commander, 9 recommending the member for the award based upon the 10 member's contributions, conduct, and demonstrated leadership 11 as a first sergeant. If the wing commander approves, the wing 12 commander shall forward the letter of recommendation to the 13 military personnel flight commanding officer for action. If the 14 wing commander disapproves, the wing commander shall 15 return the letter of recommendation to the unit commander. 16 (C) The adjutant general shall establish procedures for the 17 award presentation ceremony following accepted practice and 18 miliary military tradition. 19 (8) (9) An Indiana Funeral Honors Ribbon shall be awarded to all 20 members of the Indiana Air National Guard, the Indiana Army 21 National Guard, retired members of the Indiana Air National 22 Guard and Indiana Army National Guard, and members of 23 veterans' organizations who have been trained and certified by the 24 United States Department of Defense as Department of Defense 25 Funeral Honors participants. The Indiana Funeral Honors Ribbon 26 shall be awarded to denote honorable and distinguished service in 27 the performance of military funerals and similar activities within 28 Indiana. 29 (10) An Indiana Outstanding Airman or Soldier of the Year 30 Medal shall be awarded to the finest members of the Indiana 31 National Guard on an annual basis. This medal is authorized 32 in the quantities and qualifications set forth by the adjutant 33 general, who shall establish and publish procedures for award 34 presentation. 35 (11) An Indiana Exemplary Fitness Medal shall be awarded 36 to members and employees of the Indiana National Guard 37 who distinguish themselves for outstanding physical fitness. 38 This medal is authorized in the quantities and qualifications 39 set forth by the adjutant general, who shall establish and 40 publish procedures for award presentation. 41 For the purposes of this article, officers and enlisted persons of the 42 regular army assigned to the armed forces of Indiana as instructors and EH 1111—LS 6459/DI 116 8 1 assistant instructors shall be considered as officers and enlisted persons 2 of the Indiana armed forces. 3 SECTION 6. IC 21-13-1-8, AS AMENDED BY P.L.240-2023, 4 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 5 JULY 1, 2025]: Sec. 8. "Scholarship applicant", for purposes of 6 IC 21-13-4, means a person who: 7 (1) is an eligible student; 8 (2) has been accepted to attend either: 9 (A) a state educational institution or an approved 10 postsecondary educational institution listed in 11 IC 21-7-13-6(a)(1)(C)(i) through IC 21-7-13-6(a)(1)(C)(xxx) 12 as a full-time or part-time student; or 13 (B) a credential-certifying program, licensing program, 14 trade certification program, or apprenticeship program 15 for an in demand occupation as identified by the adjutant 16 general and the department of workforce development, in 17 consultation with the commission; 18 (3) has been certified to have met all National Guard 19 requirements; and 20 (4) according to commission requirements, has timely filed an 21 application for and, if applicable, used any federal and state 22 financial assistance available to the person. 23 SECTION 7. IC 21-13-4-2, AS AMENDED BY P.L.240-2023, 24 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 25 JULY 1, 2025]: Sec. 2. Money in the National Guard tuition 26 supplement program fund shall be used to provide annual scholarships 27 to scholarship applicants under this chapter. Annual scholarships shall 28 be awarded in the following amounts: 29 (1) A scholarship applicant who attends a state educational 30 institution shall receive a scholarship under this chapter in an 31 amount that is equal to one (1) of the following: 32 (A) If the scholarship applicant does not receive other 33 financial assistance specifically designated for educational 34 costs, the amount equal to a full undergraduate tuition 35 scholarship, regardless as to whether the student uses the 36 scholarship for undergraduate or graduate educational costs, 37 to attend the state educational institution. 38 (B) Except as provided in subdivision (3), if the scholarship 39 applicant receives other financial assistance specifically 40 designated for educational costs, the amount: 41 (i) equal to the balance required to attend the state 42 educational institution; and EH 1111—LS 6459/DI 116 9 1 (ii) not to exceed the amount described in clause (A). 2 (2) A scholarship applicant who attends an approved 3 postsecondary educational institution listed in 4 IC 21-7-13-6(a)(1)(C)(i) through IC 21-7-13-6(a)(1)(C)(xxx) or 5 who attends a program described in IC 21-13-1-8(2)(B) for an 6 occupational and technical education (as defined by 7 IC 21-22-1-2) shall receive a scholarship under this chapter in an 8 amount equal to the lesser of the following: 9 (A) Except as provided in subdivision (3), if the scholarship 10 applicant receives other financial assistance specifically 11 designated for educational costs, the amount equal to the 12 balance required to attend the approved postsecondary 13 educational institution. 14 (B) Five thousand dollars ($5,000). 15 (3) If a scholarship applicant receives a twenty-first century 16 scholars program scholarship under IC 21-12-6, the 17 scholarship applicant may use a scholarship awarded under 18 this chapter to pay for qualified program and educational 19 expenses approved by the commission and room and board 20 for two (2) years in an amount equal to the lesser of the 21 following for each applicable school year: 22 (A) The amount equal to the scholarship applicant's cost 23 for qualified program and educational expenses approved 24 by the commission and room and board for the school 25 year. 26 (B) Five thousand dollars ($5,000). 27 SECTION 8. IC 34-30-2.1-125, AS ADDED BY P.L.105-2022, 28 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 29 JULY 1, 2025]: Sec. 125. IC 10-16-7-7 (Concerning members of the 30 national guard). Indiana National Guard). EH 1111—LS 6459/DI 116 10 COMMITTEE REPORT Mr. Speaker: Your Committee on Veterans Affairs and Public Safety, to which was referred House Bill 1111, has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill do pass. (Reference is to HB 1111 as introduced.) BARTELS Committee Vote: Yeas 10, Nays 0 _____ HOUSE MOTION Mr. Speaker: I move that House Bill 1111 be amended to read as follows: Page 9, line 18, after "pay for" insert "qualified program and educational expenses approved by the commission and". Page 9, line 22, delete "for room" and insert "for qualified program and educational expenses approved by the commission and room". (Reference is to HB 1111 as printed January 21, 2025.) BARTELS _____ COMMITTEE REPORT Mr. President: The Senate Committee on Veterans Affairs and The Military, to which was referred House Bill No. 1111, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill DO PASS and be reassigned to the Senate Committee on Appropriations. (Reference is to HB 1111 as reprinted January 28, 2025.) TOMES, Chairperson Committee Vote: Yeas 7, Nays 0 EH 1111—LS 6459/DI 116