299 | | - | 4 forces under conditions set forth in IC 10-17-12-7.5(2). under |
---|
300 | | - | 5 other than honorable conditions, unless the veteran presents |
---|
301 | | - | 6 appropriate records from: |
---|
302 | | - | 7 (A) the United States Department of Defense; or |
---|
303 | | - | 8 (B) the appropriate branch of the armed forces; |
---|
304 | | - | 9 showing a correction of a separation or discharge to "honorable". |
---|
305 | | - | 10 (b) When: |
---|
306 | | - | 11 (1) preemployment interviews of external candidates are |
---|
307 | | - | 12 conducted; and |
---|
308 | | - | 13 (2) the qualified applicant pool includes veterans; |
---|
309 | | - | 14 veterans must be included in the group offered interviews. |
---|
310 | | - | 15 (c) In computing seniority for purposes of a personnel reduction in |
---|
311 | | - | 16 state civil service, the computation must include the length of time the |
---|
312 | | - | 17 employee spent on active duty in the armed forces of the United States. |
---|
313 | | - | 18 SECTION 5. IC 4-23-34-9, AS ADDED BY P.L.3-2022, SECTION |
---|
314 | | - | 19 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, |
---|
315 | | - | 20 2025]: Sec. 9. The Indiana department of veterans' affairs department |
---|
316 | | - | 21 of natural resources shall furnish the necessary staff support for the |
---|
317 | | - | 22 commission. |
---|
318 | | - | 23 SECTION 6. IC 5-9-3-1 IS AMENDED TO READ AS FOLLOWS |
---|
319 | | - | 24 [EFFECTIVE JULY 1, 2025]: Sec. 1. Persons honorably discharged |
---|
320 | | - | 25 from the military or naval service armed forces of the United States |
---|
321 | | - | 26 under conditions other than conditions set forth in |
---|
322 | | - | 27 IC 10-17-12-7.5(2), by reason of disability resulting from wounds or |
---|
323 | | - | 28 sickness incurred in the line of duty, shall be preferred for appointment |
---|
324 | | - | 29 to civil offices, provided they are found to possess the capacity |
---|
325 | | - | 30 necessary for the proper discharge of such offices. |
---|
326 | | - | 31 SECTION 7. IC 5-9-3-2, AS AMENDED BY P.L.3-2008, |
---|
327 | | - | 32 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
328 | | - | 33 JULY 1, 2025]: Sec. 2. (a) Political subdivisions of the state of Indiana |
---|
329 | | - | 34 shall allow preference points to eligible armed forces veterans who are |
---|
330 | | - | 35 being examined for full time employment. Preference points awarded |
---|
331 | | - | 36 to such veterans on each such examination shall be ten percent (10%) |
---|
332 | | - | 37 of the total number of points which may be obtained thereon. |
---|
333 | | - | 38 (b) To be eligible to receive preference points, under this chapter, |
---|
334 | | - | 39 a person must have: |
---|
335 | | - | 40 (1) served on active duty in the armed forces of the United States |
---|
336 | | - | 41 for at least one hundred eighty-one (181) days; and |
---|
337 | | - | 42 (2) received an honorable a discharge from service under |
---|
338 | | - | EH 1235—LS 7083/DI 116 8 |
---|
339 | | - | 1 conditions other than conditions set forth in |
---|
340 | | - | 2 IC 10-17-12-7.5(2). |
---|
341 | | - | 3 (c) The provisions of this chapter are in lieu of any policy of a |
---|
342 | | - | 4 political subdivision allowing employment preference for veterans in |
---|
343 | | - | 5 effect before July 1, 1975. |
---|
344 | | - | 6 SECTION 8. IC 5-9-4-3 IS AMENDED TO READ AS FOLLOWS |
---|
345 | | - | 7 [EFFECTIVE JULY 1, 2025]: Sec. 3. As used in this chapter, "armed |
---|
346 | | - | 8 forces of the United States" means the active or reserve components of |
---|
347 | | - | 9 the: |
---|
348 | | - | 10 (1) the United States Army; |
---|
349 | | - | 11 (2) the United States Navy; |
---|
350 | | - | 12 (3) the United States Air Force; |
---|
351 | | - | 13 (4) the United States Coast Guard; |
---|
352 | | - | 14 (5) the United States Marine Corps; or |
---|
353 | | - | 15 (6) United States Space Force; or |
---|
354 | | - | 16 (6) (7) the Merchant Marine. |
---|
355 | | - | 17 SECTION 9. IC 5-10.3-7-5, AS AMENDED BY P.L.8-2015, |
---|
356 | | - | 18 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
357 | | - | 19 JULY 1, 2025]: Sec. 5. (a) A member who: |
---|
358 | | - | 20 (1) enters the United States armed services; |
---|
359 | | - | 21 (2) leaves the member's contributions in the fund; |
---|
360 | | - | 22 (3) except as provided in subsection (c), resumes service with the |
---|
361 | | - | 23 member's employer within one hundred twenty (120) days after |
---|
362 | | - | 24 the member's unconditional discharge; and |
---|
363 | | - | 25 (4) would be entitled to service credit for military service under |
---|
364 | | - | 26 the Uniformed Services Employment and Reemployment Rights |
---|
365 | | - | 27 Act (38 U.S.C. 4301 et seq.) if the member had resumed service |
---|
366 | | - | 28 with the member's employer within ninety (90) days after |
---|
367 | | - | 29 discharge; |
---|
368 | | - | 30 is entitled to service credit for the armed service. |
---|
369 | | - | 31 (b) A state employee who left employment before January 1, 1946, |
---|
370 | | - | 32 or an employee of a political subdivision who left employment before |
---|
371 | | - | 33 the participation date, to enter the United States armed services is |
---|
372 | | - | 34 entitled to service credit for the armed service if the member: |
---|
373 | | - | 35 (1) except as provided in subsection (c), resumes service with the |
---|
374 | | - | 36 employer within one hundred twenty (120) days after the |
---|
375 | | - | 37 member's unconditional discharge; and |
---|
376 | | - | 38 (2) would be entitled to service credit for military service under |
---|
377 | | - | 39 the applicable requirements of federal law in effect at the time of |
---|
378 | | - | 40 reemployment if the employee had resumed service with the |
---|
379 | | - | 41 employee's employer within ninety (90) days after discharge. |
---|
380 | | - | 42 (c) The board shall extend the one hundred twenty (120) day |
---|
381 | | - | EH 1235—LS 7083/DI 116 9 |
---|
382 | | - | 1 reemployment requirement contained in subsection (a)(3) or (b)(1) if |
---|
383 | | - | 2 the board determines that an illness, an injury, or a disability related to |
---|
384 | | - | 3 the member's military service prevented the member from resuming |
---|
385 | | - | 4 employment within one hundred twenty (120) days after the member's |
---|
386 | | - | 5 discharge from military service. However, the board may not extend the |
---|
387 | | - | 6 deadline beyond thirty (30) months after the member's discharge. |
---|
388 | | - | 7 (d) If a member retires and the board subsequently determines that |
---|
389 | | - | 8 the member is entitled to additional service credit due to the extension |
---|
390 | | - | 9 of a deadline under subsection (c), the board shall recompute the |
---|
391 | | - | 10 member's benefit. However, the additional service credit may be used |
---|
392 | | - | 11 only in the computation of benefits to be paid after the date of the |
---|
393 | | - | 12 board's determination, and the member is not entitled to a |
---|
394 | | - | 13 recomputation of benefits received before the date of the board's |
---|
395 | | - | 14 determination. |
---|
396 | | - | 15 (e) Notwithstanding any provision of this section, a member is |
---|
397 | | - | 16 entitled to service credit and benefits in the amount and to the extent |
---|
398 | | - | 17 required by the Uniformed Services Employment and Reemployment |
---|
399 | | - | 18 Rights Act (38 U.S.C. 4301 et seq.). |
---|
400 | | - | 19 (f) Subject to the provisions of this section, an active member may |
---|
401 | | - | 20 purchase and claim not more than two (2) years of service credit for the |
---|
402 | | - | 21 member's service on active duty in the armed services if the member |
---|
403 | | - | 22 meets the following conditions: |
---|
404 | | - | 23 (1) The member has at least one (1) year of credited service in the |
---|
405 | | - | 24 fund. |
---|
406 | | - | 25 (2) The member serves on active duty in the armed services of the |
---|
407 | | - | 26 United States for at least six (6) months. |
---|
408 | | - | 27 (3) The member receives an honorable a discharge from the |
---|
409 | | - | 28 armed services under conditions other than conditions set |
---|
410 | | - | 29 forth in IC 10-17-12-7.5(2). |
---|
411 | | - | 30 (4) Before the member retires, the member makes contributions |
---|
412 | | - | 31 to the fund as follows: |
---|
413 | | - | 32 (A) Contributions that are equal to the product of the |
---|
414 | | - | 33 following: |
---|
415 | | - | 34 (i) The member's salary at the time the member actually |
---|
416 | | - | 35 makes a contribution for the service credit. |
---|
417 | | - | 36 (ii) A rate, determined by the actuary of the fund, that is |
---|
418 | | - | 37 based on the age of the member at the time the member |
---|
419 | | - | 38 actually makes a contribution for service credit and |
---|
420 | | - | 39 computed to result in a contribution amount that |
---|
421 | | - | 40 approximates the actuarial present value of the benefit |
---|
422 | | - | 41 attributable to the service credit purchased. |
---|
423 | | - | 42 (iii) The number of years of service credit the member |
---|
424 | | - | EH 1235—LS 7083/DI 116 10 |
---|
425 | | - | 1 intends to purchase. |
---|
426 | | - | 2 (B) Contributions for any accrued interest, at a rate determined |
---|
427 | | - | 3 by the actuary of the fund, for the period from the member's |
---|
428 | | - | 4 initial membership in the fund to the date payment is made by |
---|
429 | | - | 5 the member. |
---|
430 | | - | 6 However, a member is entitled to purchase service credit under this |
---|
431 | | - | 7 subsection only to the extent that service credit is not granted for that |
---|
432 | | - | 8 time under another provision of this section. At least ten (10) years of |
---|
433 | | - | 9 service in Indiana is required before a member may receive a benefit |
---|
434 | | - | 10 based on service credits purchased under this section. A member who |
---|
435 | | - | 11 terminates employment before satisfying the eligibility requirements |
---|
436 | | - | 12 necessary to receive a monthly allowance or receives a monthly |
---|
437 | | - | 13 allowance for the same service from another tax supported public |
---|
438 | | - | 14 employee retirement plan other than under the federal Social Security |
---|
439 | | - | 15 Act may withdraw the purchase amount plus accumulated interest after |
---|
440 | | - | 16 submitting a properly completed application for a refund to the fund. |
---|
441 | | - | 17 (g) The following apply to the purchase of service credit under |
---|
442 | | - | 18 subsection (f): |
---|
443 | | - | 19 (1) The board may allow a member to make periodic payments of |
---|
444 | | - | 20 the contributions required for the purchase of the service credit. |
---|
445 | | - | 21 The board shall determine the length of the period during which |
---|
446 | | - | 22 the payments must be made. |
---|
447 | | - | 23 (2) The board may deny an application for the purchase of service |
---|
448 | | - | 24 credit if the purchase would exceed the limitations under Section |
---|
449 | | - | 25 415 of the Internal Revenue Code. |
---|
450 | | - | 26 (3) A member may not claim the service credit for purposes of |
---|
451 | | - | 27 determining eligibility or computing benefits unless the member |
---|
452 | | - | 28 has made all payments required for the purchase of the service |
---|
453 | | - | 29 credit. |
---|
454 | | - | 30 SECTION 10. IC 5-10.4-4-8, AS AMENDED BY P.L.8-2015, |
---|
455 | | - | 31 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
456 | | - | 32 JULY 1, 2025]: Sec. 8. (a) This subsection applies to a member who |
---|
457 | | - | 33 retires before July 1, 1980. A member who had completed four (4) |
---|
458 | | - | 34 years of approved college teacher education before voluntary or |
---|
459 | | - | 35 involuntary induction into the military services is entitled to credit for |
---|
460 | | - | 36 that service as if the member had begun teaching before the induction. |
---|
461 | | - | 37 A member who serves in military service is considered a teacher and |
---|
462 | | - | 38 is entitled to the benefits of the fund if before or during the leave of |
---|
463 | | - | 39 absence the member pays into the fund the member's contributions. |
---|
464 | | - | 40 Time served by a member in military service for the duration of the |
---|
465 | | - | 41 hostilities or for the length of active service in the hostilities and the |
---|
466 | | - | 42 necessary demobilization time after the hostilities is not subject to the |
---|
467 | | - | EH 1235—LS 7083/DI 116 11 |
---|
468 | | - | 1 one-seventh rule set forth in section 7 of this chapter. |
---|
469 | | - | 2 (b) This subsection applies to a member who retires after June 30, |
---|
470 | | - | 3 1980. A member who completed four (4) years of approved college |
---|
471 | | - | 4 teacher education before voluntary or involuntary induction into |
---|
472 | | - | 5 military service is entitled to credit for the member's active military |
---|
473 | | - | 6 service as if the member had begun teaching before the induction. A |
---|
474 | | - | 7 member who serves in military service is considered a teacher and is |
---|
475 | | - | 8 entitled to the benefits of the fund if the following conditions are met: |
---|
476 | | - | 9 (1) The member has an honorable received a discharge from |
---|
477 | | - | 10 military service under conditions other than conditions set |
---|
478 | | - | 11 forth in IC 10-17-12-7.5(2). |
---|
479 | | - | 12 (2) Except as provided in subsection (g), the member returns to |
---|
480 | | - | 13 active teaching service not later than twenty-four (24) months |
---|
481 | | - | 14 after the completion of active military service. |
---|
482 | | - | 15 (3) The member has at least ten (10) years of in-state service |
---|
483 | | - | 16 credit. |
---|
484 | | - | 17 The time served by a member in military service for the duration of the |
---|
485 | | - | 18 hostilities or for the length of active service in the hostilities and the |
---|
486 | | - | 19 necessary demobilization time after the hostilities is not subject to the |
---|
487 | | - | 20 one-seventh rule set forth in section 7 of this chapter. However, not |
---|
488 | | - | 21 more than six (6) years of military service credit may be granted under |
---|
489 | | - | 22 this subsection. |
---|
490 | | - | 23 (c) This subsection applies to a member who retires after May 1, |
---|
491 | | - | 24 1989. A member who had begun but had not completed four (4) years |
---|
492 | | - | 25 of approved college teacher education before voluntary or involuntary |
---|
493 | | - | 26 induction into the military services is entitled to service credit in an |
---|
494 | | - | 27 amount equal to the duration of the member's active military service if |
---|
495 | | - | 28 the following conditions are met: |
---|
496 | | - | 29 (1) The member has an honorable received a discharge from |
---|
497 | | - | 30 military service under conditions other than conditions set |
---|
498 | | - | 31 forth in IC 10-17-12-7.5(2). |
---|
499 | | - | 32 (2) Except as provided in subsection (g), the member returns to a |
---|
500 | | - | 33 four (4) year approved college teacher training program not later |
---|
501 | | - | 34 than twenty-four (24) months after the completion of active |
---|
502 | | - | 35 military service and subsequently completes that program. |
---|
503 | | - | 36 (3) The member has at least ten (10) years of in-state service |
---|
504 | | - | 37 credit. |
---|
505 | | - | 38 The time served by a member in active military service for the length |
---|
506 | | - | 39 of active service in the hostilities and the necessary demobilization is |
---|
507 | | - | 40 not subject to the one-seventh rule set forth in section 7 of this chapter. |
---|
508 | | - | 41 However, not more than six (6) years of military service credit may be |
---|
509 | | - | 42 granted under this subsection. |
---|
510 | | - | EH 1235—LS 7083/DI 116 12 |
---|
511 | | - | 1 (d) This subsection applies to a member who retires after May 1, |
---|
512 | | - | 2 1991, and who is employed at a state educational institution. A member |
---|
513 | | - | 3 who had begun but had not completed baccalaureate or |
---|
514 | | - | 4 post-baccalaureate education before voluntary or involuntary induction |
---|
515 | | - | 5 into military service is entitled to the member's active military service |
---|
516 | | - | 6 credit for the member's active military service in an amount equal to |
---|
517 | | - | 7 the duration of the member's military service if the following |
---|
518 | | - | 8 conditions are met: |
---|
519 | | - | 9 (1) The member received an honorable a discharge from military |
---|
520 | | - | 10 service under conditions other than conditions set forth in |
---|
521 | | - | 11 IC 10-17-12-7.5(2). |
---|
522 | | - | 12 (2) Except as provided in subsection (g), the member returns to |
---|
523 | | - | 13 baccalaureate or post-baccalaureate education not later than |
---|
524 | | - | 14 twenty-four (24) months after completion of active military |
---|
525 | | - | 15 service and subsequently completes that education. |
---|
526 | | - | 16 (3) The member has at least ten (10) years of in-state service |
---|
| 289 | + | 4 forces with a separation code that is determined to be |
---|
| 290 | + | 5 disallowable under IC 10-17-12-10.5. under other than |
---|
| 291 | + | 6 honorable conditions, unless the veteran presents appropriate |
---|
| 292 | + | 7 records from: |
---|
| 293 | + | 8 (A) the United States Department of Defense; or |
---|
| 294 | + | 9 (B) the appropriate branch of the armed forces; |
---|
| 295 | + | 10 showing a correction of a separation or discharge to "honorable". |
---|
| 296 | + | 11 (b) When: |
---|
| 297 | + | 12 (1) preemployment interviews of external candidates are |
---|
| 298 | + | 13 conducted; and |
---|
| 299 | + | 14 (2) the qualified applicant pool includes veterans; |
---|
| 300 | + | 15 veterans must be included in the group offered interviews. |
---|
| 301 | + | 16 (c) In computing seniority for purposes of a personnel reduction in |
---|
| 302 | + | 17 state civil service, the computation must include the length of time the |
---|
| 303 | + | 18 employee spent on active duty in the armed forces of the United States. |
---|
| 304 | + | 19 SECTION 5. IC 5-9-3-1 IS AMENDED TO READ AS FOLLOWS |
---|
| 305 | + | 20 [EFFECTIVE JULY 1, 2025]: Sec. 1. Persons honorably discharged |
---|
| 306 | + | 21 from the military or naval service of the United States with a |
---|
| 307 | + | 22 separation code that is not determined to be disallowable under |
---|
| 308 | + | 23 IC 10-17-12-10.5, by reason of disability resulting from wounds or |
---|
| 309 | + | 24 sickness incurred in the line of duty, shall be preferred for appointment |
---|
| 310 | + | 25 to civil offices, provided they are found to possess the capacity |
---|
| 311 | + | 26 necessary for the proper discharge of such offices. |
---|
| 312 | + | 27 SECTION 6. IC 5-9-3-2, AS AMENDED BY P.L.3-2008, |
---|
| 313 | + | 28 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 314 | + | 29 JULY 1, 2025]: Sec. 2. (a) Political subdivisions of the state of Indiana |
---|
| 315 | + | 30 shall allow preference points to eligible armed forces veterans who are |
---|
| 316 | + | 31 being examined for full time employment. Preference points awarded |
---|
| 317 | + | 32 to such veterans on each such examination shall be ten percent (10%) |
---|
| 318 | + | 33 of the total number of points which may be obtained thereon. |
---|
| 319 | + | 34 (b) To be eligible to receive preference points, under this chapter, |
---|
| 320 | + | 35 a person must have: |
---|
| 321 | + | 36 (1) served on active duty in the armed forces of the United States |
---|
| 322 | + | 37 for at least one hundred eighty-one (181) days; and |
---|
| 323 | + | 38 (2) received an honorable a discharge with a separation code |
---|
| 324 | + | 39 that is not determined to be disallowable under |
---|
| 325 | + | 40 IC 10-17-12-10.5. |
---|
| 326 | + | 41 (c) The provisions of this chapter are in lieu of any policy of a |
---|
| 327 | + | 42 political subdivision allowing employment preference for veterans in |
---|
| 328 | + | HB 1235—LS 7083/DI 116 8 |
---|
| 329 | + | 1 effect before July 1, 1975. |
---|
| 330 | + | 2 SECTION 7. IC 5-9-4-3 IS AMENDED TO READ AS FOLLOWS |
---|
| 331 | + | 3 [EFFECTIVE JULY 1, 2025]: Sec. 3. As used in this chapter, "armed |
---|
| 332 | + | 4 forces of the United States" means the active or reserve components of |
---|
| 333 | + | 5 the: |
---|
| 334 | + | 6 (1) the United States Army; |
---|
| 335 | + | 7 (2) the United States Navy; |
---|
| 336 | + | 8 (3) the United States Air Force; |
---|
| 337 | + | 9 (4) the United States Coast Guard; |
---|
| 338 | + | 10 (5) the United States Marine Corps; or |
---|
| 339 | + | 11 (6) United States Space Force; or |
---|
| 340 | + | 12 (6) (7) the Merchant Marine. |
---|
| 341 | + | 13 SECTION 8. IC 5-10.3-7-5, AS AMENDED BY P.L.8-2015, |
---|
| 342 | + | 14 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 343 | + | 15 JULY 1, 2025]: Sec. 5. (a) A member who: |
---|
| 344 | + | 16 (1) enters the United States armed services; |
---|
| 345 | + | 17 (2) leaves the member's contributions in the fund; |
---|
| 346 | + | 18 (3) except as provided in subsection (c), resumes service with the |
---|
| 347 | + | 19 member's employer within one hundred twenty (120) days after |
---|
| 348 | + | 20 the member's unconditional discharge; and |
---|
| 349 | + | 21 (4) would be entitled to service credit for military service under |
---|
| 350 | + | 22 the Uniformed Services Employment and Reemployment Rights |
---|
| 351 | + | 23 Act (38 U.S.C. 4301 et seq.) if the member had resumed service |
---|
| 352 | + | 24 with the member's employer within ninety (90) days after |
---|
| 353 | + | 25 discharge; |
---|
| 354 | + | 26 is entitled to service credit for the armed service. |
---|
| 355 | + | 27 (b) A state employee who left employment before January 1, 1946, |
---|
| 356 | + | 28 or an employee of a political subdivision who left employment before |
---|
| 357 | + | 29 the participation date, to enter the United States armed services is |
---|
| 358 | + | 30 entitled to service credit for the armed service if the member: |
---|
| 359 | + | 31 (1) except as provided in subsection (c), resumes service with the |
---|
| 360 | + | 32 employer within one hundred twenty (120) days after the |
---|
| 361 | + | 33 member's unconditional discharge; and |
---|
| 362 | + | 34 (2) would be entitled to service credit for military service under |
---|
| 363 | + | 35 the applicable requirements of federal law in effect at the time of |
---|
| 364 | + | 36 reemployment if the employee had resumed service with the |
---|
| 365 | + | 37 employee's employer within ninety (90) days after discharge. |
---|
| 366 | + | 38 (c) The board shall extend the one hundred twenty (120) day |
---|
| 367 | + | 39 reemployment requirement contained in subsection (a)(3) or (b)(1) if |
---|
| 368 | + | 40 the board determines that an illness, an injury, or a disability related to |
---|
| 369 | + | 41 the member's military service prevented the member from resuming |
---|
| 370 | + | 42 employment within one hundred twenty (120) days after the member's |
---|
| 371 | + | HB 1235—LS 7083/DI 116 9 |
---|
| 372 | + | 1 discharge from military service. However, the board may not extend the |
---|
| 373 | + | 2 deadline beyond thirty (30) months after the member's discharge. |
---|
| 374 | + | 3 (d) If a member retires and the board subsequently determines that |
---|
| 375 | + | 4 the member is entitled to additional service credit due to the extension |
---|
| 376 | + | 5 of a deadline under subsection (c), the board shall recompute the |
---|
| 377 | + | 6 member's benefit. However, the additional service credit may be used |
---|
| 378 | + | 7 only in the computation of benefits to be paid after the date of the |
---|
| 379 | + | 8 board's determination, and the member is not entitled to a |
---|
| 380 | + | 9 recomputation of benefits received before the date of the board's |
---|
| 381 | + | 10 determination. |
---|
| 382 | + | 11 (e) Notwithstanding any provision of this section, a member is |
---|
| 383 | + | 12 entitled to service credit and benefits in the amount and to the extent |
---|
| 384 | + | 13 required by the Uniformed Services Employment and Reemployment |
---|
| 385 | + | 14 Rights Act (38 U.S.C. 4301 et seq.). |
---|
| 386 | + | 15 (f) Subject to the provisions of this section, an active member may |
---|
| 387 | + | 16 purchase and claim not more than two (2) years of service credit for the |
---|
| 388 | + | 17 member's service on active duty in the armed services if the member |
---|
| 389 | + | 18 meets the following conditions: |
---|
| 390 | + | 19 (1) The member has at least one (1) year of credited service in the |
---|
| 391 | + | 20 fund. |
---|
| 392 | + | 21 (2) The member serves on active duty in the armed services of the |
---|
| 393 | + | 22 United States for at least six (6) months. |
---|
| 394 | + | 23 (3) The member receives an honorable a discharge from the |
---|
| 395 | + | 24 armed services with a separation code that is not determined |
---|
| 396 | + | 25 to be disallowable under IC 10-17-12-10.5. |
---|
| 397 | + | 26 (4) Before the member retires, the member makes contributions |
---|
| 398 | + | 27 to the fund as follows: |
---|
| 399 | + | 28 (A) Contributions that are equal to the product of the |
---|
| 400 | + | 29 following: |
---|
| 401 | + | 30 (i) The member's salary at the time the member actually |
---|
| 402 | + | 31 makes a contribution for the service credit. |
---|
| 403 | + | 32 (ii) A rate, determined by the actuary of the fund, that is |
---|
| 404 | + | 33 based on the age of the member at the time the member |
---|
| 405 | + | 34 actually makes a contribution for service credit and |
---|
| 406 | + | 35 computed to result in a contribution amount that |
---|
| 407 | + | 36 approximates the actuarial present value of the benefit |
---|
| 408 | + | 37 attributable to the service credit purchased. |
---|
| 409 | + | 38 (iii) The number of years of service credit the member |
---|
| 410 | + | 39 intends to purchase. |
---|
| 411 | + | 40 (B) Contributions for any accrued interest, at a rate determined |
---|
| 412 | + | 41 by the actuary of the fund, for the period from the member's |
---|
| 413 | + | 42 initial membership in the fund to the date payment is made by |
---|
| 414 | + | HB 1235—LS 7083/DI 116 10 |
---|
| 415 | + | 1 the member. |
---|
| 416 | + | 2 However, a member is entitled to purchase service credit under this |
---|
| 417 | + | 3 subsection only to the extent that service credit is not granted for that |
---|
| 418 | + | 4 time under another provision of this section. At least ten (10) years of |
---|
| 419 | + | 5 service in Indiana is required before a member may receive a benefit |
---|
| 420 | + | 6 based on service credits purchased under this section. A member who |
---|
| 421 | + | 7 terminates employment before satisfying the eligibility requirements |
---|
| 422 | + | 8 necessary to receive a monthly allowance or receives a monthly |
---|
| 423 | + | 9 allowance for the same service from another tax supported public |
---|
| 424 | + | 10 employee retirement plan other than under the federal Social Security |
---|
| 425 | + | 11 Act may withdraw the purchase amount plus accumulated interest after |
---|
| 426 | + | 12 submitting a properly completed application for a refund to the fund. |
---|
| 427 | + | 13 (g) The following apply to the purchase of service credit under |
---|
| 428 | + | 14 subsection (f): |
---|
| 429 | + | 15 (1) The board may allow a member to make periodic payments of |
---|
| 430 | + | 16 the contributions required for the purchase of the service credit. |
---|
| 431 | + | 17 The board shall determine the length of the period during which |
---|
| 432 | + | 18 the payments must be made. |
---|
| 433 | + | 19 (2) The board may deny an application for the purchase of service |
---|
| 434 | + | 20 credit if the purchase would exceed the limitations under Section |
---|
| 435 | + | 21 415 of the Internal Revenue Code. |
---|
| 436 | + | 22 (3) A member may not claim the service credit for purposes of |
---|
| 437 | + | 23 determining eligibility or computing benefits unless the member |
---|
| 438 | + | 24 has made all payments required for the purchase of the service |
---|
| 439 | + | 25 credit. |
---|
| 440 | + | 26 SECTION 9. IC 5-10.4-4-8, AS AMENDED BY P.L.8-2015, |
---|
| 441 | + | 27 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 442 | + | 28 JULY 1, 2025]: Sec. 8. (a) This subsection applies to a member who |
---|
| 443 | + | 29 retires before July 1, 1980. A member who had completed four (4) |
---|
| 444 | + | 30 years of approved college teacher education before voluntary or |
---|
| 445 | + | 31 involuntary induction into the military services is entitled to credit for |
---|
| 446 | + | 32 that service as if the member had begun teaching before the induction. |
---|
| 447 | + | 33 A member who serves in military service is considered a teacher and |
---|
| 448 | + | 34 is entitled to the benefits of the fund if before or during the leave of |
---|
| 449 | + | 35 absence the member pays into the fund the member's contributions. |
---|
| 450 | + | 36 Time served by a member in military service for the duration of the |
---|
| 451 | + | 37 hostilities or for the length of active service in the hostilities and the |
---|
| 452 | + | 38 necessary demobilization time after the hostilities is not subject to the |
---|
| 453 | + | 39 one-seventh rule set forth in section 7 of this chapter. |
---|
| 454 | + | 40 (b) This subsection applies to a member who retires after June 30, |
---|
| 455 | + | 41 1980. A member who completed four (4) years of approved college |
---|
| 456 | + | 42 teacher education before voluntary or involuntary induction into |
---|
| 457 | + | HB 1235—LS 7083/DI 116 11 |
---|
| 458 | + | 1 military service is entitled to credit for the member's active military |
---|
| 459 | + | 2 service as if the member had begun teaching before the induction. A |
---|
| 460 | + | 3 member who serves in military service is considered a teacher and is |
---|
| 461 | + | 4 entitled to the benefits of the fund if the following conditions are met: |
---|
| 462 | + | 5 (1) The member has an honorable a discharge from military |
---|
| 463 | + | 6 service with a separation code that is not determined to be |
---|
| 464 | + | 7 disallowable under IC 10-17-12-10.5. |
---|
| 465 | + | 8 (2) Except as provided in subsection (g), the member returns to |
---|
| 466 | + | 9 active teaching service not later than twenty-four (24) months |
---|
| 467 | + | 10 after the completion of active military service. |
---|
| 468 | + | 11 (3) The member has at least ten (10) years of in-state service |
---|
| 469 | + | 12 credit. |
---|
| 470 | + | 13 The time served by a member in military service for the duration of the |
---|
| 471 | + | 14 hostilities or for the length of active service in the hostilities and the |
---|
| 472 | + | 15 necessary demobilization time after the hostilities is not subject to the |
---|
| 473 | + | 16 one-seventh rule set forth in section 7 of this chapter. However, not |
---|
| 474 | + | 17 more than six (6) years of military service credit may be granted under |
---|
| 475 | + | 18 this subsection. |
---|
| 476 | + | 19 (c) This subsection applies to a member who retires after May 1, |
---|
| 477 | + | 20 1989. A member who had begun but had not completed four (4) years |
---|
| 478 | + | 21 of approved college teacher education before voluntary or involuntary |
---|
| 479 | + | 22 induction into the military services is entitled to service credit in an |
---|
| 480 | + | 23 amount equal to the duration of the member's active military service if |
---|
| 481 | + | 24 the following conditions are met: |
---|
| 482 | + | 25 (1) The member has an honorable a discharge from military |
---|
| 483 | + | 26 service with a separation code that is not determined to be |
---|
| 484 | + | 27 disallowable under IC 10-17-12-10.5. |
---|
| 485 | + | 28 (2) Except as provided in subsection (g), the member returns to a |
---|
| 486 | + | 29 four (4) year approved college teacher training program not later |
---|
| 487 | + | 30 than twenty-four (24) months after the completion of active |
---|
| 488 | + | 31 military service and subsequently completes that program. |
---|
| 489 | + | 32 (3) The member has at least ten (10) years of in-state service |
---|
| 490 | + | 33 credit. |
---|
| 491 | + | 34 The time served by a member in active military service for the length |
---|
| 492 | + | 35 of active service in the hostilities and the necessary demobilization is |
---|
| 493 | + | 36 not subject to the one-seventh rule set forth in section 7 of this chapter. |
---|
| 494 | + | 37 However, not more than six (6) years of military service credit may be |
---|
| 495 | + | 38 granted under this subsection. |
---|
| 496 | + | 39 (d) This subsection applies to a member who retires after May 1, |
---|
| 497 | + | 40 1991, and who is employed at a state educational institution. A member |
---|
| 498 | + | 41 who had begun but had not completed baccalaureate or |
---|
| 499 | + | 42 post-baccalaureate education before voluntary or involuntary induction |
---|
| 500 | + | HB 1235—LS 7083/DI 116 12 |
---|
| 501 | + | 1 into military service is entitled to the member's active military service |
---|
| 502 | + | 2 credit for the member's active military service in an amount equal to |
---|
| 503 | + | 3 the duration of the member's military service if the following |
---|
| 504 | + | 4 conditions are met: |
---|
| 505 | + | 5 (1) The member received an honorable a discharge from military |
---|
| 506 | + | 6 service with a separation code that is not determined to be |
---|
| 507 | + | 7 disallowable under IC 10-17-12-10.5. |
---|
| 508 | + | 8 (2) Except as provided in subsection (g), the member returns to |
---|
| 509 | + | 9 baccalaureate or post-baccalaureate education not later than |
---|
| 510 | + | 10 twenty-four (24) months after completion of active military |
---|
| 511 | + | 11 service and subsequently completes that education. |
---|
| 512 | + | 12 (3) The member has at least ten (10) years of in-state service |
---|
| 513 | + | 13 credit. |
---|
| 514 | + | 14 The time served by a member in active military service for the length |
---|
| 515 | + | 15 of active service in the hostilities and the necessary demobilization is |
---|
| 516 | + | 16 not subject to the one-seventh rule set forth in section 7 of this chapter. |
---|
| 517 | + | 17 However, not more than six (6) years of military service credit may be |
---|
| 518 | + | 18 granted under this subsection. |
---|
| 519 | + | 19 (e) For purposes of this section, a member returns to active teaching |
---|
| 520 | + | 20 service on the earlier of: |
---|
| 521 | + | 21 (1) the date on which the member signs a teacher's contract; or |
---|
| 522 | + | 22 (2) the date on which the member is first employed in a position |
---|
| 523 | + | 23 covered by this article. |
---|
| 524 | + | 24 (f) For purposes of this section, a member returns to: |
---|
| 525 | + | 25 (1) a teacher training program; or |
---|
| 526 | + | 26 (2) baccalaureate or post-baccalaureate education; |
---|
| 527 | + | 27 on the date the member registers for or enrolls in classes that the |
---|
| 528 | + | 28 member attends. |
---|
| 529 | + | 29 (g) The board shall extend the twenty-four (24) month deadline |
---|
| 530 | + | 30 contained in subsection (b)(2), (c)(2), or (d)(2) if the board determines |
---|
| 531 | + | 31 that an illness, an injury, or a disability related to the member's military |
---|
| 532 | + | 32 service prevented the member from returning to active teaching service |
---|
| 533 | + | 33 or to a teacher education program not later than twenty-four (24) |
---|
| 534 | + | 34 months after the member's discharge from military service. However, |
---|
| 535 | + | 35 the board may not extend the deadline beyond forty-eight (48) months |
---|
| 536 | + | 36 after the member's discharge. |
---|
| 537 | + | 37 (h) If a member retires and the board subsequently determines that |
---|
| 538 | + | 38 the member is entitled to additional service credit due to the extension |
---|
| 539 | + | 39 of a deadline under subsection (g), the board shall recompute the |
---|
| 540 | + | 40 member's benefit. However, the additional service credit may be used |
---|
| 541 | + | 41 only in the computation of benefits to be paid after the date of the |
---|
| 542 | + | 42 board's determination, and the member is not entitled to a |
---|
| 543 | + | HB 1235—LS 7083/DI 116 13 |
---|
| 544 | + | 1 recomputation of benefits received before the date of the board's |
---|
| 545 | + | 2 determination. |
---|
| 546 | + | 3 (i) Notwithstanding any provision of this section, a member is |
---|
| 547 | + | 4 entitled to military service credit and benefits in the amount and to the |
---|
| 548 | + | 5 extent required by the federal Uniformed Services Employment and |
---|
| 549 | + | 6 Reemployment Rights Act (38 U.S.C. 4301 et seq.), including all later |
---|
| 550 | + | 7 amendments. |
---|
| 551 | + | 8 (j) Subject to this section, an active member may purchase and |
---|
| 552 | + | 9 claim not more than two (2) years of service credit for the member's |
---|
| 553 | + | 10 service on active duty in the armed services if the member meets the |
---|
| 554 | + | 11 following conditions: |
---|
| 555 | + | 12 (1) The member has at least one (1) year of credited service in the |
---|
| 556 | + | 13 fund. |
---|
| 557 | + | 14 (2) The member serves on active duty in the armed services of the |
---|
| 558 | + | 15 United States for at least six (6) months. |
---|
| 559 | + | 16 (3) The member receives an honorable a discharge from the |
---|
| 560 | + | 17 armed services with a separation code that is not determined |
---|
| 561 | + | 18 to be disallowable under IC 10-17-12-10.5. |
---|
| 562 | + | 19 (4) Before the member retires, the member makes contributions |
---|
| 563 | + | 20 to the fund as follows: |
---|
| 564 | + | 21 (A) Contributions that are equal to the product of: |
---|
| 565 | + | 22 (i) the member's salary at the time the member actually |
---|
| 566 | + | 23 makes a contribution for the service credit; |
---|
| 567 | + | 24 (ii) a rate, determined by the actuary of the fund, that is |
---|
| 568 | + | 25 based on the age of the member at the time the member |
---|
| 569 | + | 26 actually makes a contribution for service credit and |
---|
| 570 | + | 27 computed to result in a contribution amount that |
---|
| 571 | + | 28 approximates the actuarial present value of the benefit |
---|
| 572 | + | 29 attributable to the service credit purchased; and |
---|
| 573 | + | 30 (iii) the number of years of service credit the member |
---|
| 574 | + | 31 intends to purchase. |
---|
| 575 | + | 32 (B) Contributions for any accrued interest, at a rate determined |
---|
| 576 | + | 33 by the actuary of the fund, for the period from the member's |
---|
| 577 | + | 34 initial membership in the fund to the date payment is made by |
---|
| 578 | + | 35 the member. |
---|
| 579 | + | 36 However, a member is entitled to purchase service credit under this |
---|
| 580 | + | 37 subsection only to the extent that service credit is not granted for that |
---|
| 581 | + | 38 time under another provision of this section. At least ten (10) years of |
---|
| 582 | + | 39 service in Indiana is required before a member may receive a benefit |
---|
| 583 | + | 40 based on service credits purchased under this section. A member who |
---|
| 584 | + | 41 terminates employment before satisfying the eligibility requirements |
---|
| 585 | + | 42 necessary to receive a monthly allowance or receives a monthly |
---|
| 586 | + | HB 1235—LS 7083/DI 116 14 |
---|
| 587 | + | 1 allowance for the same service from another tax supported public |
---|
| 588 | + | 2 employee retirement plan other than under the federal Social Security |
---|
| 589 | + | 3 Act may withdraw the purchase amount plus accumulated interest after |
---|
| 590 | + | 4 submitting a properly completed application for a refund to the fund. |
---|
| 591 | + | 5 (k) The following apply to the purchase of service credit under |
---|
| 592 | + | 6 subsection (j): |
---|
| 593 | + | 7 (1) The board may allow a member to make periodic payments of |
---|
| 594 | + | 8 the contributions required for the purchase of the service credit. |
---|
| 595 | + | 9 The board shall determine the length of the period during which |
---|
| 596 | + | 10 the payments must be made. |
---|
| 597 | + | 11 (2) The board may deny an application for the purchase of service |
---|
| 598 | + | 12 credit if the purchase would exceed the limitations under Section |
---|
| 599 | + | 13 415 of the Internal Revenue Code. |
---|
| 600 | + | 14 (3) A member may not claim the service credit for purposes of |
---|
| 601 | + | 15 determining eligibility or computing benefits unless the member |
---|
| 602 | + | 16 has made all payments required for the purchase of the service |
---|
528 | | - | 18 The time served by a member in active military service for the length |
---|
529 | | - | 19 of active service in the hostilities and the necessary demobilization is |
---|
530 | | - | 20 not subject to the one-seventh rule set forth in section 7 of this chapter. |
---|
531 | | - | 21 However, not more than six (6) years of military service credit may be |
---|
532 | | - | 22 granted under this subsection. |
---|
533 | | - | 23 (e) For purposes of this section, a member returns to active teaching |
---|
534 | | - | 24 service on the earlier of: |
---|
535 | | - | 25 (1) the date on which the member signs a teacher's contract; or |
---|
536 | | - | 26 (2) the date on which the member is first employed in a position |
---|
537 | | - | 27 covered by this article. |
---|
538 | | - | 28 (f) For purposes of this section, a member returns to: |
---|
539 | | - | 29 (1) a teacher training program; or |
---|
540 | | - | 30 (2) baccalaureate or post-baccalaureate education; |
---|
541 | | - | 31 on the date the member registers for or enrolls in classes that the |
---|
542 | | - | 32 member attends. |
---|
543 | | - | 33 (g) The board shall extend the twenty-four (24) month deadline |
---|
544 | | - | 34 contained in subsection (b)(2), (c)(2), or (d)(2) if the board determines |
---|
545 | | - | 35 that an illness, an injury, or a disability related to the member's military |
---|
546 | | - | 36 service prevented the member from returning to active teaching service |
---|
547 | | - | 37 or to a teacher education program not later than twenty-four (24) |
---|
548 | | - | 38 months after the member's discharge from military service. However, |
---|
549 | | - | 39 the board may not extend the deadline beyond forty-eight (48) months |
---|
550 | | - | 40 after the member's discharge. |
---|
551 | | - | 41 (h) If a member retires and the board subsequently determines that |
---|
552 | | - | 42 the member is entitled to additional service credit due to the extension |
---|
553 | | - | EH 1235—LS 7083/DI 116 13 |
---|
554 | | - | 1 of a deadline under subsection (g), the board shall recompute the |
---|
555 | | - | 2 member's benefit. However, the additional service credit may be used |
---|
556 | | - | 3 only in the computation of benefits to be paid after the date of the |
---|
557 | | - | 4 board's determination, and the member is not entitled to a |
---|
558 | | - | 5 recomputation of benefits received before the date of the board's |
---|
559 | | - | 6 determination. |
---|
560 | | - | 7 (i) Notwithstanding any provision of this section, a member is |
---|
561 | | - | 8 entitled to military service credit and benefits in the amount and to the |
---|
562 | | - | 9 extent required by the federal Uniformed Services Employment and |
---|
563 | | - | 10 Reemployment Rights Act (38 U.S.C. 4301 et seq.), including all later |
---|
564 | | - | 11 amendments. |
---|
565 | | - | 12 (j) Subject to this section, an active member may purchase and |
---|
566 | | - | 13 claim not more than two (2) years of service credit for the member's |
---|
567 | | - | 14 service on active duty in the armed services if the member meets the |
---|
568 | | - | 15 following conditions: |
---|
569 | | - | 16 (1) The member has at least one (1) year of credited service in the |
---|
570 | | - | 17 fund. |
---|
571 | | - | 18 (2) The member serves on active duty in the armed services of the |
---|
572 | | - | 19 United States for at least six (6) months. |
---|
573 | | - | 20 (3) The member receives an honorable a discharge from the |
---|
574 | | - | 21 armed services under conditions other than conditions set |
---|
575 | | - | 22 forth in IC 10-17-12-7.5(2). |
---|
576 | | - | 23 (4) Before the member retires, the member makes contributions |
---|
577 | | - | 24 to the fund as follows: |
---|
578 | | - | 25 (A) Contributions that are equal to the product of: |
---|
579 | | - | 26 (i) the member's salary at the time the member actually |
---|
580 | | - | 27 makes a contribution for the service credit; |
---|
581 | | - | 28 (ii) a rate, determined by the actuary of the fund, that is |
---|
582 | | - | 29 based on the age of the member at the time the member |
---|
583 | | - | 30 actually makes a contribution for service credit and |
---|
584 | | - | 31 computed to result in a contribution amount that |
---|
585 | | - | 32 approximates the actuarial present value of the benefit |
---|
586 | | - | 33 attributable to the service credit purchased; and |
---|
587 | | - | 34 (iii) the number of years of service credit the member |
---|
588 | | - | 35 intends to purchase. |
---|
589 | | - | 36 (B) Contributions for any accrued interest, at a rate determined |
---|
590 | | - | 37 by the actuary of the fund, for the period from the member's |
---|
591 | | - | 38 initial membership in the fund to the date payment is made by |
---|
592 | | - | 39 the member. |
---|
593 | | - | 40 However, a member is entitled to purchase service credit under this |
---|
594 | | - | 41 subsection only to the extent that service credit is not granted for that |
---|
595 | | - | 42 time under another provision of this section. At least ten (10) years of |
---|
596 | | - | EH 1235—LS 7083/DI 116 14 |
---|
597 | | - | 1 service in Indiana is required before a member may receive a benefit |
---|
598 | | - | 2 based on service credits purchased under this section. A member who |
---|
599 | | - | 3 terminates employment before satisfying the eligibility requirements |
---|
600 | | - | 4 necessary to receive a monthly allowance or receives a monthly |
---|
601 | | - | 5 allowance for the same service from another tax supported public |
---|
602 | | - | 6 employee retirement plan other than under the federal Social Security |
---|
603 | | - | 7 Act may withdraw the purchase amount plus accumulated interest after |
---|
604 | | - | 8 submitting a properly completed application for a refund to the fund. |
---|
605 | | - | 9 (k) The following apply to the purchase of service credit under |
---|
606 | | - | 10 subsection (j): |
---|
607 | | - | 11 (1) The board may allow a member to make periodic payments of |
---|
608 | | - | 12 the contributions required for the purchase of the service credit. |
---|
609 | | - | 13 The board shall determine the length of the period during which |
---|
610 | | - | 14 the payments must be made. |
---|
611 | | - | 15 (2) The board may deny an application for the purchase of service |
---|
612 | | - | 16 credit if the purchase would exceed the limitations under Section |
---|
613 | | - | 17 415 of the Internal Revenue Code. |
---|
614 | | - | 18 (3) A member may not claim the service credit for purposes of |
---|
615 | | - | 19 determining eligibility or computing benefits unless the member |
---|
616 | | - | 20 has made all payments required for the purchase of the service |
---|
617 | | - | 21 credit. |
---|
618 | | - | 22 (l) This subsection applies to a member who retires after June 30, |
---|
619 | | - | 23 2006. A member may not receive credit under this section for service |
---|
620 | | - | 24 for which the member receives service credit under the terms of a |
---|
621 | | - | 25 military or another governmental retirement plan. |
---|
622 | | - | 26 SECTION 11. IC 6-1.1-12-13, AS AMENDED BY |
---|
623 | | - | 27 P.L.293-2013(ts), SECTION 1, IS AMENDED TO READ AS |
---|
624 | | - | 28 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) Except as |
---|
625 | | - | 29 provided in section 40.5 of this chapter, an individual may have |
---|
626 | | - | 30 twenty-four thousand nine hundred sixty dollars ($24,960) deducted |
---|
627 | | - | 31 from the assessed value of the taxable tangible property that the |
---|
628 | | - | 32 individual owns, or real property, a mobile home not assessed as real |
---|
629 | | - | 33 property, or a manufactured home not assessed as real property that the |
---|
630 | | - | 34 individual is buying under a contract that provides that the individual |
---|
631 | | - | 35 is to pay property taxes on the real property, mobile home, or |
---|
632 | | - | 36 manufactured home, if the contract or a memorandum of the contract |
---|
633 | | - | 37 is recorded in the county recorder's office and if: |
---|
634 | | - | 38 (1) the individual served in the military or naval forces of the |
---|
635 | | - | 39 United States during any of its wars; |
---|
636 | | - | 40 (2) the individual received an honorable a discharge under |
---|
637 | | - | 41 conditions other than conditions set forth in |
---|
638 | | - | 42 IC 10-17-12-7.5(2); |
---|
639 | | - | EH 1235—LS 7083/DI 116 15 |
---|
640 | | - | 1 (3) the individual has a disability with a service connected |
---|
641 | | - | 2 disability of ten percent (10%) or more; |
---|
642 | | - | 3 (4) the individual's disability is evidenced by: |
---|
643 | | - | 4 (A) a pension certificate, an award of compensation, or a |
---|
644 | | - | 5 disability compensation check issued by the United States |
---|
645 | | - | 6 Department of Veterans Affairs; or |
---|
646 | | - | 7 (B) a certificate of eligibility issued to the individual by the |
---|
647 | | - | 8 Indiana department of veterans' affairs after the Indiana |
---|
648 | | - | 9 department of veterans' affairs has determined that the |
---|
649 | | - | 10 individual's disability qualifies the individual to receive a |
---|
650 | | - | 11 deduction under this section; and |
---|
651 | | - | 12 (5) the individual: |
---|
652 | | - | 13 (A) owns the real property, mobile home, or manufactured |
---|
653 | | - | 14 home; or |
---|
654 | | - | 15 (B) is buying the real property, mobile home, or manufactured |
---|
655 | | - | 16 home under contract; |
---|
656 | | - | 17 on the date the statement required by section 15 of this chapter is |
---|
657 | | - | 18 filed. |
---|
658 | | - | 19 (b) The surviving spouse of an individual may receive the deduction |
---|
659 | | - | 20 provided by this section if the individual satisfied the requirements of |
---|
660 | | - | 21 subsection (a)(1) through (a)(4) at the time of death and the surviving |
---|
661 | | - | 22 spouse satisfies the requirement of subsection (a)(5) at the time the |
---|
662 | | - | 23 deduction statement is filed. The surviving spouse is entitled to the |
---|
663 | | - | 24 deduction regardless of whether the property for which the deduction |
---|
664 | | - | 25 is claimed was owned by the deceased veteran or the surviving spouse |
---|
665 | | - | 26 before the deceased veteran's death. |
---|
666 | | - | 27 (c) One who receives the deduction provided by this section may not |
---|
667 | | - | 28 receive the deduction provided by section 16 of this chapter. However, |
---|
668 | | - | 29 the individual may receive any other property tax deduction which the |
---|
669 | | - | 30 individual is entitled to by law. |
---|
670 | | - | 31 (d) An individual who has sold real property, a mobile home not |
---|
671 | | - | 32 assessed as real property, or a manufactured home not assessed as real |
---|
672 | | - | 33 property to another person under a contract that provides that the |
---|
673 | | - | 34 contract buyer is to pay the property taxes on the real property, mobile |
---|
674 | | - | 35 home, or manufactured home may not claim the deduction provided |
---|
675 | | - | 36 under this section against that real property, mobile home, or |
---|
676 | | - | 37 manufactured home. |
---|
677 | | - | 38 SECTION 12. IC 6-1.1-12-14, AS AMENDED BY P.L.136-2024, |
---|
678 | | - | 39 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
679 | | - | 40 JULY 1, 2025]: Sec. 14. (a) Except as provided in subsection (c) and |
---|
680 | | - | 41 except as provided in section 40.5 of this chapter, an individual may |
---|
681 | | - | 42 have the sum of fourteen thousand dollars ($14,000) deducted from the |
---|
682 | | - | EH 1235—LS 7083/DI 116 16 |
---|
683 | | - | 1 assessed value of the real property, mobile home not assessed as real |
---|
684 | | - | 2 property, or manufactured home not assessed as real property that the |
---|
685 | | - | 3 individual owns (or the real property, mobile home not assessed as real |
---|
686 | | - | 4 property, or manufactured home not assessed as real property that the |
---|
687 | | - | 5 individual is buying under a contract that provides that the individual |
---|
688 | | - | 6 is to pay property taxes on the real property, mobile home, or |
---|
689 | | - | 7 manufactured home if the contract or a memorandum of the contract is |
---|
690 | | - | 8 recorded in the county recorder's office) if: |
---|
691 | | - | 9 (1) the individual served in the military or naval forces of the |
---|
692 | | - | 10 United States for at least ninety (90) days; |
---|
693 | | - | 11 (2) the individual received an honorable a discharge under |
---|
694 | | - | 12 conditions other than conditions set forth in |
---|
695 | | - | 13 IC 10-17-12-7.5(2); |
---|
696 | | - | 14 (3) the individual either: |
---|
697 | | - | 15 (A) has a total disability; or |
---|
698 | | - | 16 (B) is at least sixty-two (62) years old and has a disability of at |
---|
699 | | - | 17 least ten percent (10%); |
---|
700 | | - | 18 (4) the individual's disability is evidenced by: |
---|
701 | | - | 19 (A) a pension certificate or an award of compensation issued |
---|
702 | | - | 20 by the United States Department of Veterans Affairs; or |
---|
703 | | - | 21 (B) a certificate of eligibility issued to the individual by the |
---|
704 | | - | 22 Indiana department of veterans' affairs after the Indiana |
---|
705 | | - | 23 department of veterans' affairs has determined that the |
---|
706 | | - | 24 individual's disability qualifies the individual to receive a |
---|
707 | | - | 25 deduction under this section; and |
---|
708 | | - | 26 (5) the individual: |
---|
709 | | - | 27 (A) owns the real property, mobile home, or manufactured |
---|
710 | | - | 28 home; or |
---|
711 | | - | 29 (B) is buying the real property, mobile home, or manufactured |
---|
712 | | - | 30 home under contract; |
---|
713 | | - | 31 on the date the statement required by section 15 of this chapter is |
---|
714 | | - | 32 filed. |
---|
715 | | - | 33 (b) Except as provided in subsections (c) and (d), the surviving |
---|
716 | | - | 34 spouse of an individual may receive the deduction provided by this |
---|
717 | | - | 35 section if: |
---|
718 | | - | 36 (1) the individual satisfied the requirements of subsection (a)(1) |
---|
719 | | - | 37 through (a)(4) at the time of death; or |
---|
720 | | - | 38 (2) the individual: |
---|
721 | | - | 39 (A) was killed in action; |
---|
722 | | - | 40 (B) died while serving on active duty in the military or naval |
---|
723 | | - | 41 forces of the United States; or |
---|
724 | | - | 42 (C) died while performing inactive duty training in the military |
---|
725 | | - | EH 1235—LS 7083/DI 116 17 |
---|
726 | | - | 1 or naval forces of the United States; and |
---|
727 | | - | 2 the surviving spouse satisfies the requirement of subsection (a)(5) at |
---|
728 | | - | 3 the time the deduction statement is filed. The surviving spouse is |
---|
729 | | - | 4 entitled to the deduction regardless of whether the property for which |
---|
730 | | - | 5 the deduction is claimed was owned by the deceased veteran or the |
---|
731 | | - | 6 surviving spouse before the deceased veteran's death. |
---|
732 | | - | 7 (c) Except as provided in subsection (f), no one is entitled to the |
---|
733 | | - | 8 deduction provided by this section if the assessed value of the |
---|
734 | | - | 9 individual's Indiana real property, Indiana mobile home not assessed as |
---|
735 | | - | 10 real property, and Indiana manufactured home not assessed as real |
---|
736 | | - | 11 property, as shown by the tax duplicate, exceeds the assessed value |
---|
737 | | - | 12 limit specified in subsection (d). |
---|
738 | | - | 13 (d) Except as provided in subsection (f), for the: |
---|
739 | | - | 14 (1) January 1, 2017, January 1, 2018, and January 1, 2019, |
---|
740 | | - | 15 assessment dates, the assessed value limit for purposes of |
---|
741 | | - | 16 subsection (c) is one hundred seventy-five thousand dollars |
---|
742 | | - | 17 ($175,000); |
---|
743 | | - | 18 (2) January 1, 2020, January 1, 2021, January 1, 2022, and |
---|
744 | | - | 19 January 1, 2023, assessment dates, the assessed value limit for |
---|
745 | | - | 20 purposes of subsection (c) is two hundred thousand dollars |
---|
746 | | - | 21 ($200,000); and |
---|
747 | | - | 22 (3) January 1, 2024, assessment date and for each assessment date |
---|
748 | | - | 23 thereafter, the assessed value limit for purposes of subsection (c) |
---|
749 | | - | 24 is two hundred forty thousand dollars ($240,000). |
---|
750 | | - | 25 (e) An individual who has sold real property, a mobile home not |
---|
751 | | - | 26 assessed as real property, or a manufactured home not assessed as real |
---|
752 | | - | 27 property to another person under a contract that provides that the |
---|
753 | | - | 28 contract buyer is to pay the property taxes on the real property, mobile |
---|
754 | | - | 29 home, or manufactured home may not claim the deduction provided |
---|
755 | | - | 30 under this section against that real property, mobile home, or |
---|
756 | | - | 31 manufactured home. |
---|
757 | | - | 32 (f) For purposes of determining the assessed value of the real |
---|
758 | | - | 33 property, mobile home, or manufactured home under subsection (d) for |
---|
759 | | - | 34 an individual who has received a deduction under this section in a |
---|
760 | | - | 35 previous year, increases in assessed value that occur after the later of: |
---|
761 | | - | 36 (1) December 31, 2019; or |
---|
762 | | - | 37 (2) the first year that the individual has received the deduction; |
---|
763 | | - | 38 are not considered unless the increase in assessed value is attributable |
---|
764 | | - | 39 to substantial renovation or new improvements. Where there is an |
---|
765 | | - | 40 increase in assessed value for purposes of the deduction under this |
---|
766 | | - | 41 section, the assessor shall provide a report to the county auditor |
---|
767 | | - | 42 describing the substantial renovation or new improvements, if any, that |
---|
768 | | - | EH 1235—LS 7083/DI 116 18 |
---|
769 | | - | 1 were made to the property prior to the increase in assessed value. |
---|
770 | | - | 2 SECTION 13. IC 6-1.1-12-14.5, AS ADDED BY P.L.100-2016, |
---|
771 | | - | 3 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
772 | | - | 4 JULY 1, 2025]: Sec. 14.5. (a) As used in this section, "homestead" has |
---|
773 | | - | 5 the meaning set forth in IC 6-1.1-12-37. section 37 of this chapter. |
---|
774 | | - | 6 (b) An individual may claim a deduction from the assessed value of |
---|
775 | | - | 7 the individual's homestead if: |
---|
776 | | - | 8 (1) the individual served in the military or naval forces of the |
---|
777 | | - | 9 United States for at least ninety (90) days; |
---|
778 | | - | 10 (2) the individual received an honorable a discharge from |
---|
779 | | - | 11 military service under conditions other than conditions set |
---|
780 | | - | 12 forth in IC 10-17-12-7.5(2); |
---|
781 | | - | 13 (3) the individual has a disability of at least fifty percent (50%); |
---|
| 604 | + | 18 (l) This subsection applies to a member who retires after June 30, |
---|
| 605 | + | 19 2006. A member may not receive credit under this section for service |
---|
| 606 | + | 20 for which the member receives service credit under the terms of a |
---|
| 607 | + | 21 military or another governmental retirement plan. |
---|
| 608 | + | 22 SECTION 10. IC 6-1.1-12-13, AS AMENDED BY |
---|
| 609 | + | 23 P.L.293-2013(ts), SECTION 1, IS AMENDED TO READ AS |
---|
| 610 | + | 24 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) Except as |
---|
| 611 | + | 25 provided in section 40.5 of this chapter, an individual may have |
---|
| 612 | + | 26 twenty-four thousand nine hundred sixty dollars ($24,960) deducted |
---|
| 613 | + | 27 from the assessed value of the taxable tangible property that the |
---|
| 614 | + | 28 individual owns, or real property, a mobile home not assessed as real |
---|
| 615 | + | 29 property, or a manufactured home not assessed as real property that the |
---|
| 616 | + | 30 individual is buying under a contract that provides that the individual |
---|
| 617 | + | 31 is to pay property taxes on the real property, mobile home, or |
---|
| 618 | + | 32 manufactured home, if the contract or a memorandum of the contract |
---|
| 619 | + | 33 is recorded in the county recorder's office and if: |
---|
| 620 | + | 34 (1) the individual served in the military or naval forces of the |
---|
| 621 | + | 35 United States during any of its wars; |
---|
| 622 | + | 36 (2) the individual received an honorable a discharge with a |
---|
| 623 | + | 37 separation code that is not determined to be disallowable |
---|
| 624 | + | 38 under IC 10-17-12-10.5; |
---|
| 625 | + | 39 (3) the individual has a disability with a service connected |
---|
| 626 | + | 40 disability of ten percent (10%) or more; |
---|
| 627 | + | 41 (4) the individual's disability is evidenced by: |
---|
| 628 | + | 42 (A) a pension certificate, an award of compensation, or a |
---|
| 629 | + | HB 1235—LS 7083/DI 116 15 |
---|
| 630 | + | 1 disability compensation check issued by the United States |
---|
| 631 | + | 2 Department of Veterans Affairs; or |
---|
| 632 | + | 3 (B) a certificate of eligibility issued to the individual by the |
---|
| 633 | + | 4 Indiana department of veterans' affairs after the Indiana |
---|
| 634 | + | 5 department of veterans' affairs has determined that the |
---|
| 635 | + | 6 individual's disability qualifies the individual to receive a |
---|
| 636 | + | 7 deduction under this section; and |
---|
| 637 | + | 8 (5) the individual: |
---|
| 638 | + | 9 (A) owns the real property, mobile home, or manufactured |
---|
| 639 | + | 10 home; or |
---|
| 640 | + | 11 (B) is buying the real property, mobile home, or manufactured |
---|
| 641 | + | 12 home under contract; |
---|
| 642 | + | 13 on the date the statement required by section 15 of this chapter is |
---|
| 643 | + | 14 filed. |
---|
| 644 | + | 15 (b) The surviving spouse of an individual may receive the deduction |
---|
| 645 | + | 16 provided by this section if the individual satisfied the requirements of |
---|
| 646 | + | 17 subsection (a)(1) through (a)(4) at the time of death and the surviving |
---|
| 647 | + | 18 spouse satisfies the requirement of subsection (a)(5) at the time the |
---|
| 648 | + | 19 deduction statement is filed. The surviving spouse is entitled to the |
---|
| 649 | + | 20 deduction regardless of whether the property for which the deduction |
---|
| 650 | + | 21 is claimed was owned by the deceased veteran or the surviving spouse |
---|
| 651 | + | 22 before the deceased veteran's death. |
---|
| 652 | + | 23 (c) One who receives the deduction provided by this section may not |
---|
| 653 | + | 24 receive the deduction provided by section 16 of this chapter. However, |
---|
| 654 | + | 25 the individual may receive any other property tax deduction which the |
---|
| 655 | + | 26 individual is entitled to by law. |
---|
| 656 | + | 27 (d) An individual who has sold real property, a mobile home not |
---|
| 657 | + | 28 assessed as real property, or a manufactured home not assessed as real |
---|
| 658 | + | 29 property to another person under a contract that provides that the |
---|
| 659 | + | 30 contract buyer is to pay the property taxes on the real property, mobile |
---|
| 660 | + | 31 home, or manufactured home may not claim the deduction provided |
---|
| 661 | + | 32 under this section against that real property, mobile home, or |
---|
| 662 | + | 33 manufactured home. |
---|
| 663 | + | 34 SECTION 11. IC 6-1.1-12-14, AS AMENDED BY P.L.136-2024, |
---|
| 664 | + | 35 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 665 | + | 36 JULY 1, 2025]: Sec. 14. (a) Except as provided in subsection (c) and |
---|
| 666 | + | 37 except as provided in section 40.5 of this chapter, an individual may |
---|
| 667 | + | 38 have the sum of fourteen thousand dollars ($14,000) deducted from the |
---|
| 668 | + | 39 assessed value of the real property, mobile home not assessed as real |
---|
| 669 | + | 40 property, or manufactured home not assessed as real property that the |
---|
| 670 | + | 41 individual owns (or the real property, mobile home not assessed as real |
---|
| 671 | + | 42 property, or manufactured home not assessed as real property that the |
---|
| 672 | + | HB 1235—LS 7083/DI 116 16 |
---|
| 673 | + | 1 individual is buying under a contract that provides that the individual |
---|
| 674 | + | 2 is to pay property taxes on the real property, mobile home, or |
---|
| 675 | + | 3 manufactured home if the contract or a memorandum of the contract is |
---|
| 676 | + | 4 recorded in the county recorder's office) if: |
---|
| 677 | + | 5 (1) the individual served in the military or naval forces of the |
---|
| 678 | + | 6 United States for at least ninety (90) days; |
---|
| 679 | + | 7 (2) the individual received an honorable a discharge with a |
---|
| 680 | + | 8 separation code that is not determined to be disallowable |
---|
| 681 | + | 9 under IC 10-17-12-10.5; |
---|
| 682 | + | 10 (3) the individual either: |
---|
| 683 | + | 11 (A) has a total disability; or |
---|
| 684 | + | 12 (B) is at least sixty-two (62) years old and has a disability of at |
---|
| 685 | + | 13 least ten percent (10%); |
---|
800 | | - | 32 (2) If the individual has a disability of at least ninety percent |
---|
801 | | - | 33 (90%) but the individual is not totally disabled, the deduction is |
---|
802 | | - | 34 equal to ninety percent (90%) of the assessed value of the |
---|
803 | | - | 35 homestead. |
---|
804 | | - | 36 (3) If the individual has a disability of at least eighty percent |
---|
805 | | - | 37 (80%) but less than ninety percent (90%), the deduction is equal |
---|
806 | | - | 38 to eighty percent (80%) of the assessed value of the homestead. |
---|
807 | | - | 39 (4) If the individual has a disability of at least seventy percent |
---|
808 | | - | 40 (70%) but less than eighty percent (80%), the deduction is equal |
---|
809 | | - | 41 to seventy percent (70%) of the assessed value of the homestead. |
---|
810 | | - | 42 (5) If the individual has a disability of at least sixty percent (60%) |
---|
811 | | - | EH 1235—LS 7083/DI 116 19 |
---|
812 | | - | 1 but less than seventy percent (70%), the deduction is equal to |
---|
813 | | - | 2 sixty percent (60%) of the assessed value of the homestead. |
---|
814 | | - | 3 (6) If the individual has a disability of at least fifty percent (50%) |
---|
815 | | - | 4 but less than sixty percent (60%), the deduction is equal to fifty |
---|
816 | | - | 5 percent (50%) of the assessed value of the homestead. |
---|
817 | | - | 6 (d) An individual who claims a deduction under this section for an |
---|
818 | | - | 7 assessment date may not also claim a deduction under section 13 or 14 |
---|
819 | | - | 8 of this chapter for that same assessment date. |
---|
820 | | - | 9 (e) An individual who desires to claim the deduction under this |
---|
821 | | - | 10 section must claim the deduction in the manner specified by the |
---|
822 | | - | 11 department of local government finance. |
---|
823 | | - | 12 SECTION 14. IC 6-1.1-12-16, AS AMENDED BY P.L.1-2009, |
---|
824 | | - | 13 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
825 | | - | 14 JULY 1, 2025]: Sec. 16. (a) Except as provided in section 40.5 of this |
---|
826 | | - | 15 chapter, a surviving spouse may have the sum of eighteen thousand |
---|
827 | | - | 16 seven hundred twenty dollars ($18,720) deducted from the assessed |
---|
828 | | - | 17 value of his or her tangible property, or real property, mobile home not |
---|
829 | | - | 18 assessed as real property, or manufactured home not assessed as real |
---|
830 | | - | 19 property that the surviving spouse is buying under a contract that |
---|
831 | | - | 20 provides that the surviving spouse is to pay property taxes on the real |
---|
832 | | - | 21 property, mobile home, or manufactured home, if the contract or a |
---|
833 | | - | 22 memorandum of the contract is recorded in the county recorder's office, |
---|
834 | | - | 23 and if: |
---|
835 | | - | 24 (1) the deceased spouse served in the military or naval forces of |
---|
836 | | - | 25 the United States before November 12, 1918; |
---|
837 | | - | 26 (2) the deceased spouse received an honorable a discharge from |
---|
838 | | - | 27 military service under conditions other than conditions set |
---|
839 | | - | 28 forth in IC 10-17-12-7.5(2); and |
---|
840 | | - | 29 (3) the surviving spouse: |
---|
841 | | - | 30 (A) owns the real property, mobile home, or manufactured |
---|
842 | | - | 31 home; or |
---|
843 | | - | 32 (B) is buying the real property, mobile home, or manufactured |
---|
844 | | - | 33 home under contract; |
---|
845 | | - | 34 on the date the statement required by section 17 of this chapter is |
---|
846 | | - | 35 filed. |
---|
847 | | - | 36 (b) A surviving spouse who receives the deduction provided by this |
---|
848 | | - | 37 section may not receive the deduction provided by section 13 of this |
---|
849 | | - | 38 chapter. However, he or she may receive any other deduction which he |
---|
850 | | - | 39 or she is entitled to by law. |
---|
851 | | - | 40 (c) An individual who has sold real property, a mobile home not |
---|
852 | | - | 41 assessed as real property, or a manufactured home not assessed as real |
---|
853 | | - | 42 property to another person under a contract that provides that the |
---|
854 | | - | EH 1235—LS 7083/DI 116 20 |
---|
855 | | - | 1 contract buyer is to pay the property taxes on the real property, mobile |
---|
856 | | - | 2 home, or manufactured home may not claim the deduction provided |
---|
857 | | - | 3 under this section against that real property, mobile home, or |
---|
858 | | - | 4 manufactured home. |
---|
859 | | - | 5 SECTION 15. IC 6-3-2-4, AS AMENDED BY P.L.162-2019, |
---|
860 | | - | 6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
861 | | - | 7 JULY 1, 2025]: Sec. 4. (a) Each taxable year, an individual, or the |
---|
862 | | - | 8 individual's surviving spouse, is entitled to the following: |
---|
863 | | - | 9 (1) An adjusted gross income tax deduction for the first five |
---|
864 | | - | 10 thousand dollars ($5,000) of income, excluding adjusted gross |
---|
865 | | - | 11 income described in subdivision (2), received during the taxable |
---|
866 | | - | 12 year by the individual, or the individual's surviving spouse, for the |
---|
867 | | - | 13 individual's service in an active or reserve component of the |
---|
868 | | - | 14 armed forces of the United States, including the United States |
---|
869 | | - | 15 Army, United States Navy, United States Air Force, United |
---|
870 | | - | 16 States Space Force, United States Coast Guard, United States |
---|
871 | | - | 17 Marine Corps, Merchant Marine, Indiana Army National Guard, |
---|
872 | | - | 18 or Indiana Air National Guard. |
---|
873 | | - | 19 (2) An adjusted gross income tax deduction for income from |
---|
874 | | - | 20 retirement or survivor's benefits received during the taxable year |
---|
875 | | - | 21 by the individual, or the individual's surviving spouse, for the |
---|
876 | | - | 22 individual's service in an active or reserve component of the |
---|
877 | | - | 23 armed forces of the United States, including the United States |
---|
878 | | - | 24 Army, United States Navy, United States Air Force, United |
---|
879 | | - | 25 States Space Force, United States Coast Guard, United States |
---|
880 | | - | 26 Marine Corps, Merchant Marine, Indiana Army National Guard, |
---|
881 | | - | 27 or Indiana Air National Guard. The amount of the deduction is the |
---|
882 | | - | 28 lesser of: |
---|
883 | | - | 29 (A) the benefits included in the adjusted gross income of the |
---|
884 | | - | 30 individual or the individual's surviving spouse; or |
---|
885 | | - | 31 (B) six thousand two hundred fifty dollars ($6,250) plus the |
---|
886 | | - | 32 following: |
---|
887 | | - | 33 (i) For taxable years beginning in 2019, twenty-five percent |
---|
888 | | - | 34 (25%) of the amount of the benefits in excess of six |
---|
889 | | - | 35 thousand two hundred fifty dollars ($6,250). |
---|
890 | | - | 36 (ii) For taxable years beginning in 2020, fifty percent (50%) |
---|
891 | | - | 37 of the amount of the benefits in excess of six thousand two |
---|
892 | | - | 38 hundred fifty dollars ($6,250). |
---|
893 | | - | 39 (iii) For taxable years beginning in 2021, seventy-five |
---|
894 | | - | 40 percent (75%) of the amount of the benefits in excess of six |
---|
895 | | - | 41 thousand two hundred fifty dollars ($6,250). |
---|
896 | | - | 42 (iv) For taxable years beginning after 2021, one hundred |
---|
897 | | - | EH 1235—LS 7083/DI 116 21 |
---|
898 | | - | 1 percent (100%) of the amount of the benefits in excess of six |
---|
899 | | - | 2 thousand two hundred fifty dollars ($6,250). |
---|
900 | | - | 3 (b) An individual whose qualified military income is subtracted |
---|
901 | | - | 4 from the individual's federal adjusted gross income under |
---|
902 | | - | 5 IC 6-3-1-3.5(a)(18) for Indiana individual income tax purposes is not, |
---|
903 | | - | 6 for that taxable year, entitled to a deduction under this section for the |
---|
904 | | - | 7 same qualified military income that is deducted under |
---|
905 | | - | 8 IC 6-3-1-3.5(a)(18). |
---|
906 | | - | 9 SECTION 16. IC 6-6-5-5.2, AS AMENDED BY P.L.256-2017, |
---|
907 | | - | 10 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
908 | | - | 11 JULY 1, 2025]: Sec. 5.2. (a) This section applies to a registration year |
---|
909 | | - | 12 beginning after December 31, 2013. |
---|
910 | | - | 13 (b) Subject to subsection (d), an individual may claim a credit |
---|
911 | | - | 14 against the tax imposed by this chapter upon a vehicle owned by the |
---|
912 | | - | 15 individual if the individual is eligible for the credit under any of the |
---|
913 | | - | 16 following: |
---|
914 | | - | 17 (1) The individual meets all the following requirements: |
---|
915 | | - | 18 (A) The individual served in the military or naval forces of the |
---|
916 | | - | 19 United States during any of its wars. |
---|
917 | | - | 20 (B) The individual received an honorable a discharge from |
---|
918 | | - | 21 military service under conditions other than conditions set |
---|
919 | | - | 22 forth in IC 10-17-12-7.5(2). |
---|
920 | | - | 23 (C) The individual has a disability with a service connected |
---|
921 | | - | 24 disability of ten percent (10%) or more. |
---|
922 | | - | 25 (D) The individual's disability is evidenced by: |
---|
923 | | - | 26 (i) a pension certificate, an award of compensation, or a |
---|
924 | | - | 27 disability compensation check issued by the United States |
---|
925 | | - | 28 Department of Veterans Affairs; or |
---|
926 | | - | 29 (ii) a certificate of eligibility issued to the individual by the |
---|
927 | | - | 30 Indiana department of veterans' affairs after the Indiana |
---|
928 | | - | 31 department of veterans' affairs has determined that the |
---|
929 | | - | 32 individual's disability qualifies the individual to receive a |
---|
930 | | - | 33 credit under this section. |
---|
931 | | - | 34 (E) The individual does not own property to which a property |
---|
932 | | - | 35 tax deduction may be applied under IC 6-1.1-12-13. |
---|
933 | | - | 36 (2) The individual meets all the following requirements: |
---|
934 | | - | 37 (A) The individual served in the military or naval forces of the |
---|
935 | | - | 38 United States for at least ninety (90) days. |
---|
936 | | - | 39 (B) The individual received an honorable a discharge from |
---|
937 | | - | 40 military service under conditions other than conditions set |
---|
938 | | - | 41 forth in IC 10-17-12-7.5(2). |
---|
939 | | - | 42 (C) The individual either: |
---|
940 | | - | EH 1235—LS 7083/DI 116 22 |
---|
941 | | - | 1 (i) has a total disability; or |
---|
942 | | - | 2 (ii) is at least sixty-two (62) years of age and has a disability |
---|
943 | | - | 3 of at least ten percent (10%). |
---|
944 | | - | 4 (D) The individual's disability is evidenced by: |
---|
945 | | - | 5 (i) a pension certificate or an award of compensation issued |
---|
946 | | - | 6 by the United States Department of Veterans Affairs; or |
---|
947 | | - | 7 (ii) a certificate of eligibility issued to the individual by the |
---|
948 | | - | 8 Indiana department of veterans' affairs after the Indiana |
---|
949 | | - | 9 department of veterans' affairs has determined that the |
---|
950 | | - | 10 individual's disability qualifies the individual to receive a |
---|
951 | | - | 11 credit under this section. |
---|
952 | | - | 12 (E) The individual does not own property to which a property |
---|
953 | | - | 13 tax deduction may be applied under IC 6-1.1-12-14. |
---|
954 | | - | 14 (3) The individual meets both of the following requirements: |
---|
955 | | - | 15 (A) The individual is the surviving spouse of any of the |
---|
956 | | - | 16 following: |
---|
957 | | - | 17 (i) An individual who would have been eligible for a credit |
---|
958 | | - | 18 under this section if the individual had been alive in 2013 |
---|
959 | | - | 19 and this section had been in effect in 2013. |
---|
960 | | - | 20 (ii) An individual who received a credit under this section in |
---|
961 | | - | 21 the previous calendar year. |
---|
962 | | - | 22 (iii) A World War I veteran. |
---|
963 | | - | 23 (B) The individual does not own property to which a property |
---|
964 | | - | 24 tax deduction may be applied under IC 6-1.1-12-13, |
---|
965 | | - | 25 IC 6-1.1-12-14, or IC 6-1.1-12-16. |
---|
966 | | - | 26 (c) The amount of the credit that may be claimed under this section |
---|
967 | | - | 27 is equal to the lesser of the following: |
---|
968 | | - | 28 (1) The amount of the excise tax liability for the individual's |
---|
969 | | - | 29 vehicle as determined under section 3 or 3.5 of this chapter, as |
---|
970 | | - | 30 applicable. |
---|
971 | | - | 31 (2) Seventy dollars ($70). |
---|
972 | | - | 32 (d) The maximum number of motor vehicles for which an individual |
---|
973 | | - | 33 may claim a credit under this section is two (2). |
---|
974 | | - | 34 (e) An individual may not claim a credit under both: |
---|
975 | | - | 35 (1) this section; and |
---|
976 | | - | 36 (2) section 5 of this chapter. |
---|
977 | | - | 37 (f) The credit allowed by this section must be claimed on a form |
---|
978 | | - | 38 prescribed by the bureau. An individual claiming the credit must attach |
---|
979 | | - | 39 to the form an affidavit from the county auditor stating that the |
---|
980 | | - | 40 claimant does not own property to which a property tax deduction may |
---|
981 | | - | 41 be applied under IC 6-1.1-12-13, IC 6-1.1-12-14, or IC 6-1.1-12-16. |
---|
982 | | - | 42 SECTION 17. IC 9-13-2-5.3, AS ADDED BY P.L.198-2016, |
---|
983 | | - | EH 1235—LS 7083/DI 116 23 |
---|
984 | | - | 1 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
985 | | - | 2 JANUARY 1, 2026]: Sec. 5.3. "Armed forces of the United States" |
---|
986 | | - | 3 means the following: |
---|
| 790 | + | 32 (3) If the individual has a disability of at least eighty percent |
---|
| 791 | + | 33 (80%) but less than ninety percent (90%), the deduction is equal |
---|
| 792 | + | 34 to eighty percent (80%) of the assessed value of the homestead. |
---|
| 793 | + | 35 (4) If the individual has a disability of at least seventy percent |
---|
| 794 | + | 36 (70%) but less than eighty percent (80%), the deduction is equal |
---|
| 795 | + | 37 to seventy percent (70%) of the assessed value of the homestead. |
---|
| 796 | + | 38 (5) If the individual has a disability of at least sixty percent (60%) |
---|
| 797 | + | 39 but less than seventy percent (70%), the deduction is equal to |
---|
| 798 | + | 40 sixty percent (60%) of the assessed value of the homestead. |
---|
| 799 | + | 41 (6) If the individual has a disability of at least fifty percent (50%) |
---|
| 800 | + | 42 but less than sixty percent (60%), the deduction is equal to fifty |
---|
| 801 | + | HB 1235—LS 7083/DI 116 19 |
---|
| 802 | + | 1 percent (50%) of the assessed value of the homestead. |
---|
| 803 | + | 2 (d) An individual who claims a deduction under this section for an |
---|
| 804 | + | 3 assessment date may not also claim a deduction under section 13 or 14 |
---|
| 805 | + | 4 of this chapter for that same assessment date. |
---|
| 806 | + | 5 (e) An individual who desires to claim the deduction under this |
---|
| 807 | + | 6 section must claim the deduction in the manner specified by the |
---|
| 808 | + | 7 department of local government finance. |
---|
| 809 | + | 8 SECTION 13. IC 6-1.1-12-16, AS AMENDED BY P.L.1-2009, |
---|
| 810 | + | 9 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 811 | + | 10 JULY 1, 2025]: Sec. 16. (a) Except as provided in section 40.5 of this |
---|
| 812 | + | 11 chapter, a surviving spouse may have the sum of eighteen thousand |
---|
| 813 | + | 12 seven hundred twenty dollars ($18,720) deducted from the assessed |
---|
| 814 | + | 13 value of his or her tangible property, or real property, mobile home not |
---|
| 815 | + | 14 assessed as real property, or manufactured home not assessed as real |
---|
| 816 | + | 15 property that the surviving spouse is buying under a contract that |
---|
| 817 | + | 16 provides that the surviving spouse is to pay property taxes on the real |
---|
| 818 | + | 17 property, mobile home, or manufactured home, if the contract or a |
---|
| 819 | + | 18 memorandum of the contract is recorded in the county recorder's office, |
---|
| 820 | + | 19 and if: |
---|
| 821 | + | 20 (1) the deceased spouse served in the military or naval forces of |
---|
| 822 | + | 21 the United States before November 12, 1918; |
---|
| 823 | + | 22 (2) the deceased spouse received an honorable a discharge from |
---|
| 824 | + | 23 military service with a separation code that is not determined |
---|
| 825 | + | 24 to be disallowable under IC 10-17-12-10.5; and |
---|
| 826 | + | 25 (3) the surviving spouse: |
---|
| 827 | + | 26 (A) owns the real property, mobile home, or manufactured |
---|
| 828 | + | 27 home; or |
---|
| 829 | + | 28 (B) is buying the real property, mobile home, or manufactured |
---|
| 830 | + | 29 home under contract; |
---|
| 831 | + | 30 on the date the statement required by section 17 of this chapter is |
---|
| 832 | + | 31 filed. |
---|
| 833 | + | 32 (b) A surviving spouse who receives the deduction provided by this |
---|
| 834 | + | 33 section may not receive the deduction provided by section 13 of this |
---|
| 835 | + | 34 chapter. However, he or she may receive any other deduction which he |
---|
| 836 | + | 35 or she is entitled to by law. |
---|
| 837 | + | 36 (c) An individual who has sold real property, a mobile home not |
---|
| 838 | + | 37 assessed as real property, or a manufactured home not assessed as real |
---|
| 839 | + | 38 property to another person under a contract that provides that the |
---|
| 840 | + | 39 contract buyer is to pay the property taxes on the real property, mobile |
---|
| 841 | + | 40 home, or manufactured home may not claim the deduction provided |
---|
| 842 | + | 41 under this section against that real property, mobile home, or |
---|
| 843 | + | 42 manufactured home. |
---|
| 844 | + | HB 1235—LS 7083/DI 116 20 |
---|
| 845 | + | 1 SECTION 14. IC 6-3-2-4, AS AMENDED BY P.L.162-2019, |
---|
| 846 | + | 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 847 | + | 3 JULY 1, 2025]: Sec. 4. (a) Each taxable year, an individual, or the |
---|
| 848 | + | 4 individual's surviving spouse, is entitled to the following: |
---|
| 849 | + | 5 (1) An adjusted gross income tax deduction for the first five |
---|
| 850 | + | 6 thousand dollars ($5,000) of income, excluding adjusted gross |
---|
| 851 | + | 7 income described in subdivision (2), received during the taxable |
---|
| 852 | + | 8 year by the individual, or the individual's surviving spouse, for the |
---|
| 853 | + | 9 individual's service in an active or reserve component of the |
---|
| 854 | + | 10 armed forces of the United States, including the United States |
---|
| 855 | + | 11 Army, United States Navy, United States Air Force, United |
---|
| 856 | + | 12 States Space Force, United States Coast Guard, United States |
---|
| 857 | + | 13 Marine Corps, Merchant Marine, Indiana Army National Guard, |
---|
| 858 | + | 14 or Indiana Air National Guard. |
---|
| 859 | + | 15 (2) An adjusted gross income tax deduction for income from |
---|
| 860 | + | 16 retirement or survivor's benefits received during the taxable year |
---|
| 861 | + | 17 by the individual, or the individual's surviving spouse, for the |
---|
| 862 | + | 18 individual's service in an active or reserve component of the |
---|
| 863 | + | 19 armed forces of the United States, including the United States |
---|
| 864 | + | 20 Army, United States Navy, United States Air Force, United |
---|
| 865 | + | 21 States Space Force, United States Coast Guard, United States |
---|
| 866 | + | 22 Marine Corps, Merchant Marine, Indiana Army National Guard, |
---|
| 867 | + | 23 or Indiana Air National Guard. The amount of the deduction is the |
---|
| 868 | + | 24 lesser of: |
---|
| 869 | + | 25 (A) the benefits included in the adjusted gross income of the |
---|
| 870 | + | 26 individual or the individual's surviving spouse; or |
---|
| 871 | + | 27 (B) six thousand two hundred fifty dollars ($6,250) plus the |
---|
| 872 | + | 28 following: |
---|
| 873 | + | 29 (i) For taxable years beginning in 2019, twenty-five percent |
---|
| 874 | + | 30 (25%) of the amount of the benefits in excess of six |
---|
| 875 | + | 31 thousand two hundred fifty dollars ($6,250). |
---|
| 876 | + | 32 (ii) For taxable years beginning in 2020, fifty percent (50%) |
---|
| 877 | + | 33 of the amount of the benefits in excess of six thousand two |
---|
| 878 | + | 34 hundred fifty dollars ($6,250). |
---|
| 879 | + | 35 (iii) For taxable years beginning in 2021, seventy-five |
---|
| 880 | + | 36 percent (75%) of the amount of the benefits in excess of six |
---|
| 881 | + | 37 thousand two hundred fifty dollars ($6,250). |
---|
| 882 | + | 38 (iv) For taxable years beginning after 2021, one hundred |
---|
| 883 | + | 39 percent (100%) of the amount of the benefits in excess of six |
---|
| 884 | + | 40 thousand two hundred fifty dollars ($6,250). |
---|
| 885 | + | 41 (b) An individual whose qualified military income is subtracted |
---|
| 886 | + | 42 from the individual's federal adjusted gross income under |
---|
| 887 | + | HB 1235—LS 7083/DI 116 21 |
---|
| 888 | + | 1 IC 6-3-1-3.5(a)(18) for Indiana individual income tax purposes is not, |
---|
| 889 | + | 2 for that taxable year, entitled to a deduction under this section for the |
---|
| 890 | + | 3 same qualified military income that is deducted under |
---|
| 891 | + | 4 IC 6-3-1-3.5(a)(18). |
---|
| 892 | + | 5 SECTION 15. IC 6-6-5-5.2, AS AMENDED BY P.L.256-2017, |
---|
| 893 | + | 6 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 894 | + | 7 JULY 1, 2025]: Sec. 5.2. (a) This section applies to a registration year |
---|
| 895 | + | 8 beginning after December 31, 2013. |
---|
| 896 | + | 9 (b) Subject to subsection (d), an individual may claim a credit |
---|
| 897 | + | 10 against the tax imposed by this chapter upon a vehicle owned by the |
---|
| 898 | + | 11 individual if the individual is eligible for the credit under any of the |
---|
| 899 | + | 12 following: |
---|
| 900 | + | 13 (1) The individual meets all the following requirements: |
---|
| 901 | + | 14 (A) The individual served in the military or naval forces of the |
---|
| 902 | + | 15 United States during any of its wars. |
---|
| 903 | + | 16 (B) The individual received an honorable a discharge from |
---|
| 904 | + | 17 military service with a separation code that is not |
---|
| 905 | + | 18 determined to be disallowable under IC 10-17-12-10.5. |
---|
| 906 | + | 19 (C) The individual has a disability with a service connected |
---|
| 907 | + | 20 disability of ten percent (10%) or more. |
---|
| 908 | + | 21 (D) The individual's disability is evidenced by: |
---|
| 909 | + | 22 (i) a pension certificate, an award of compensation, or a |
---|
| 910 | + | 23 disability compensation check issued by the United States |
---|
| 911 | + | 24 Department of Veterans Affairs; or |
---|
| 912 | + | 25 (ii) a certificate of eligibility issued to the individual by the |
---|
| 913 | + | 26 Indiana department of veterans' affairs after the Indiana |
---|
| 914 | + | 27 department of veterans' affairs has determined that the |
---|
| 915 | + | 28 individual's disability qualifies the individual to receive a |
---|
| 916 | + | 29 credit under this section. |
---|
| 917 | + | 30 (E) The individual does not own property to which a property |
---|
| 918 | + | 31 tax deduction may be applied under IC 6-1.1-12-13. |
---|
| 919 | + | 32 (2) The individual meets all the following requirements: |
---|
| 920 | + | 33 (A) The individual served in the military or naval forces of the |
---|
| 921 | + | 34 United States for at least ninety (90) days. |
---|
| 922 | + | 35 (B) The individual received an honorable a discharge from |
---|
| 923 | + | 36 military service with a separation code that is not |
---|
| 924 | + | 37 determined to be disallowable under IC 10-17-12-10.5. |
---|
| 925 | + | 38 (C) The individual either: |
---|
| 926 | + | 39 (i) has a total disability; or |
---|
| 927 | + | 40 (ii) is at least sixty-two (62) years of age and has a disability |
---|
| 928 | + | 41 of at least ten percent (10%). |
---|
| 929 | + | 42 (D) The individual's disability is evidenced by: |
---|
| 930 | + | HB 1235—LS 7083/DI 116 22 |
---|
| 931 | + | 1 (i) a pension certificate or an award of compensation issued |
---|
| 932 | + | 2 by the United States Department of Veterans Affairs; or |
---|
| 933 | + | 3 (ii) a certificate of eligibility issued to the individual by the |
---|
| 934 | + | 4 Indiana department of veterans' affairs after the Indiana |
---|
| 935 | + | 5 department of veterans' affairs has determined that the |
---|
| 936 | + | 6 individual's disability qualifies the individual to receive a |
---|
| 937 | + | 7 credit under this section. |
---|
| 938 | + | 8 (E) The individual does not own property to which a property |
---|
| 939 | + | 9 tax deduction may be applied under IC 6-1.1-12-14. |
---|
| 940 | + | 10 (3) The individual meets both of the following requirements: |
---|
| 941 | + | 11 (A) The individual is the surviving spouse of any of the |
---|
| 942 | + | 12 following: |
---|
| 943 | + | 13 (i) An individual who would have been eligible for a credit |
---|
| 944 | + | 14 under this section if the individual had been alive in 2013 |
---|
| 945 | + | 15 and this section had been in effect in 2013. |
---|
| 946 | + | 16 (ii) An individual who received a credit under this section in |
---|
| 947 | + | 17 the previous calendar year. |
---|
| 948 | + | 18 (iii) A World War I veteran. |
---|
| 949 | + | 19 (B) The individual does not own property to which a property |
---|
| 950 | + | 20 tax deduction may be applied under IC 6-1.1-12-13, |
---|
| 951 | + | 21 IC 6-1.1-12-14, or IC 6-1.1-12-16. |
---|
| 952 | + | 22 (c) The amount of the credit that may be claimed under this section |
---|
| 953 | + | 23 is equal to the lesser of the following: |
---|
| 954 | + | 24 (1) The amount of the excise tax liability for the individual's |
---|
| 955 | + | 25 vehicle as determined under section 3 or 3.5 of this chapter, as |
---|
| 956 | + | 26 applicable. |
---|
| 957 | + | 27 (2) Seventy dollars ($70). |
---|
| 958 | + | 28 (d) The maximum number of motor vehicles for which an individual |
---|
| 959 | + | 29 may claim a credit under this section is two (2). |
---|
| 960 | + | 30 (e) An individual may not claim a credit under both: |
---|
| 961 | + | 31 (1) this section; and |
---|
| 962 | + | 32 (2) section 5 of this chapter. |
---|
| 963 | + | 33 (f) The credit allowed by this section must be claimed on a form |
---|
| 964 | + | 34 prescribed by the bureau. An individual claiming the credit must attach |
---|
| 965 | + | 35 to the form an affidavit from the county auditor stating that the |
---|
| 966 | + | 36 claimant does not own property to which a property tax deduction may |
---|
| 967 | + | 37 be applied under IC 6-1.1-12-13, IC 6-1.1-12-14, or IC 6-1.1-12-16. |
---|
| 968 | + | 38 SECTION 16. IC 9-13-2-5.3, AS ADDED BY P.L.198-2016, |
---|
| 969 | + | 39 SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 970 | + | 40 JANUARY 1, 2026]: Sec. 5.3. "Armed forces of the United States" |
---|
| 971 | + | 41 means the following: |
---|
| 972 | + | 42 (1) The United States Army. |
---|
| 973 | + | HB 1235—LS 7083/DI 116 23 |
---|
| 974 | + | 1 (2) The United States Navy. |
---|
| 975 | + | 2 (3) The United States Air Force. |
---|
| 976 | + | 3 (4) The United States Marine Corps. |
---|
| 977 | + | 4 (5) The United States Space Force. |
---|
| 978 | + | 5 (5) (6) The United States Coast Guard. |
---|
| 979 | + | 6 SECTION 17. IC 9-18.5-4-1, AS ADDED BY P.L.198-2016, |
---|
| 980 | + | 7 SECTION 327, IS AMENDED TO READ AS FOLLOWS |
---|
| 981 | + | 8 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except as provided in |
---|
| 982 | + | 9 subsection (b), the bureau shall issue license plates for a vehicle that |
---|
| 983 | + | 10 designate the vehicle as being owned or leased by a recipient of the |
---|
| 984 | + | 11 Medal of Honor or former prisoner of war. |
---|
| 985 | + | 12 (b) The bureau may issue one (1) or more Medal of Honor or |
---|
| 986 | + | 13 former prisoner of war license plates, as appropriate, to the surviving |
---|
| 987 | + | 14 spouse of a former prisoner of war. |
---|
| 988 | + | 15 SECTION 18. IC 9-18.5-4-2, AS ADDED BY P.L.198-2016, |
---|
| 989 | + | 16 SECTION 327, IS AMENDED TO READ AS FOLLOWS |
---|
| 990 | + | 17 [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) A Medal of Honor license |
---|
| 991 | + | 18 plate must display the following: |
---|
| 992 | + | 19 (1) An identification number. |
---|
| 993 | + | 20 (2) The branch of service that awarded the Medal of Honor |
---|
| 994 | + | 21 denoted at the bottom of the license plate followed by the |
---|
| 995 | + | 22 words "Medal of Honor". |
---|
| 996 | + | 23 (3) An image of the Medal of Honor for the applicable branch |
---|
| 997 | + | 24 of service to the left of the identification number. |
---|
| 998 | + | 25 (b) A former prisoner of war license plate must display the |
---|
| 999 | + | 26 following: |
---|
| 1000 | + | 27 (1) An identification number. |
---|
| 1001 | + | 28 (2) The legend "Ex-POW". |
---|
| 1002 | + | 29 (3) Any other information and design selected by the bureau. |
---|
| 1003 | + | 30 SECTION 19. IC 9-18.5-4-3, AS ADDED BY P.L.198-2016, |
---|
| 1004 | + | 31 SECTION 327, IS AMENDED TO READ AS FOLLOWS |
---|
| 1005 | + | 32 [EFFECTIVE JULY 1, 2025]: Sec. 3. A Medal of Honor or former |
---|
| 1006 | + | 33 prisoner of war license plate may only be: |
---|
| 1007 | + | 34 (1) assigned to; and |
---|
| 1008 | + | 35 (2) displayed on; |
---|
| 1009 | + | 36 a vehicle registered under IC 9-18 (before its expiration) or IC 9-18.1. |
---|
| 1010 | + | 37 SECTION 20. IC 9-18.5-4-4, AS ADDED BY P.L.198-2016, |
---|
| 1011 | + | 38 SECTION 327, IS AMENDED TO READ AS FOLLOWS |
---|
| 1012 | + | 39 [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) An individual who has been |
---|
| 1013 | + | 40 issued under this chapter a license plate designating the individual's |
---|
| 1014 | + | 41 vehicle as being owned or leased by a recipient of the Medal of |
---|
| 1015 | + | 42 Honor or former prisoner of war may not be: |
---|
| 1016 | + | HB 1235—LS 7083/DI 116 24 |
---|
| 1017 | + | 1 (1) charged a fee for parking the vehicle displaying the license |
---|
| 1018 | + | 2 plate in a metered space; or |
---|
| 1019 | + | 3 (2) assessed a penalty for parking the vehicle displaying the |
---|
| 1020 | + | 4 license plate in a metered space for longer than the time |
---|
| 1021 | + | 5 permitted. |
---|
| 1022 | + | 6 (b) This section does not authorize parking of a vehicle in a parking |
---|
| 1023 | + | 7 place during a time when parking in the space is prohibited if the |
---|
| 1024 | + | 8 prohibition is: |
---|
| 1025 | + | 9 (1) posted; and |
---|
| 1026 | + | 10 (2) authorized: |
---|
| 1027 | + | 11 (A) by ordinance in a city or town; or |
---|
| 1028 | + | 12 (B) by order of the Indiana department of transportation. |
---|
| 1029 | + | 13 (c) An individual other than the owner or lessee of a vehicle |
---|
| 1030 | + | 14 displaying a Medal of Honor or former prisoner of war license plate |
---|
| 1031 | + | 15 authorized by this chapter is not entitled to the parking privileges |
---|
| 1032 | + | 16 established by this section. |
---|
| 1033 | + | 17 SECTION 21. IC 9-18.5-7-3, AS AMENDED BY P.L.79-2020, |
---|
| 1034 | + | 18 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1035 | + | 19 JULY 1, 2025]: Sec. 3. (a) An Indiana resident who is a current or |
---|
| 1036 | + | 20 former member of the Army or Air National Guard may apply for and |
---|
| 1037 | + | 21 receive one (1) or more license plates under this chapter. |
---|
| 1038 | + | 22 (b) An individual applying for a National Guard license plate under |
---|
| 1039 | + | 23 this chapter as a current member of the National Guard must |
---|
| 1040 | + | 24 demonstrate the individual's status as a current member of the Army or |
---|
| 1041 | + | 25 Air National Guard by presenting the following with the individual's |
---|
| 1042 | + | 26 application: |
---|
| 1043 | + | 27 (1) A current United States armed forces identification card. |
---|
| 1044 | + | 28 (2) A letter signed by the individual's commanding officer |
---|
| 1045 | + | 29 identifying the individual as a current active member. |
---|
| 1046 | + | 30 (c) An individual applying for a National Guard license plate under |
---|
| 1047 | + | 31 this chapter as a former member of the National Guard must present |
---|
| 1048 | + | 32 with the individual's application a copy of the individual's: |
---|
| 1049 | + | 33 (1) National Guard Bureau Form 22 or 22A showing the |
---|
| 1050 | + | 34 individual received an honorable or general under honorable |
---|
| 1051 | + | 35 conditions discharge; a discharge with a separation code that |
---|
| 1052 | + | 36 is not determined to be disallowable under IC 10-17-12-10.5; |
---|
| 1053 | + | 37 or |
---|
| 1054 | + | 38 (2) National Guard Bureau Form 23D or 23E showing the |
---|
| 1055 | + | 39 individual as retired; |
---|
| 1056 | + | 40 as proof of the individual's status as a former member of the Army or |
---|
| 1057 | + | 41 Air National Guard. |
---|
| 1058 | + | 42 SECTION 22. IC 10-16-6-9 IS AMENDED TO READ AS |
---|
| 1059 | + | HB 1235—LS 7083/DI 116 25 |
---|
| 1060 | + | 1 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 9. An enlisted person |
---|
| 1061 | + | 2 who is discharged from service in the Indiana National Guard shall |
---|
| 1062 | + | 3 receive a discharge in writing in the form and with the classification |
---|
| 1063 | + | 4 prescribed by national guard regulations. In time of peace, a discharge |
---|
| 1064 | + | 5 may be given before the expiration of an enlistment term in the |
---|
| 1065 | + | 6 following cases: |
---|
| 1066 | + | 7 (1) By sentence of a general court-martial. |
---|
| 1067 | + | 8 (2) By direction of the governor on account of disability. |
---|
| 1068 | + | 9 (3) On account of sentence of imprisonment by a civil court, |
---|
| 1069 | + | 10 whether suspended or not. |
---|
| 1070 | + | 11 (4) On account of a bona fide permanent change of residence to |
---|
| 1071 | + | 12 another state. |
---|
| 1072 | + | 13 (5) For the purpose of enlisting in the: |
---|
| 1073 | + | 14 (A) United States Army; |
---|
| 1074 | + | 15 (B) United States Air Force; |
---|
| 1075 | + | 16 (C) United States Navy; or |
---|
| 1076 | + | 17 (D) United States Marine Corps; or |
---|
| 1077 | + | 18 (E) United States Space Force. |
---|
| 1078 | + | 19 (6) For other causes prescribed by national guard regulations or |
---|
| 1079 | + | 20 the commander in chief. |
---|
| 1080 | + | 21 However, an enlisted person who has not returned or accounted for all |
---|
| 1081 | + | 22 of the public property for which the enlisted person is responsible may |
---|
| 1082 | + | 23 not receive an honorable discharge. |
---|
| 1083 | + | 24 SECTION 23. IC 10-16-6-12 IS AMENDED TO READ AS |
---|
| 1084 | + | 25 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 12. (a) A |
---|
| 1085 | + | 26 commissioned officer: |
---|
| 1086 | + | 27 (1) who serves in the Indiana national guard for at least five (5) |
---|
| 1087 | + | 28 years; or |
---|
| 1088 | + | 29 (2) who becomes permanently disabled from performing the |
---|
| 1089 | + | 30 officer's duties, irrespective of length of service; |
---|
| 1090 | + | 31 may, upon honorable retirement from the military service with a |
---|
| 1091 | + | 32 separation code that is not determined to be disallowable under |
---|
| 1092 | + | 33 IC 10-17-12-10.5, whether by resignation or otherwise, and upon |
---|
| 1093 | + | 34 application to the adjutant general, be carried upon a roll to be |
---|
| 1094 | + | 35 established and maintained in the office of the adjutant general. The |
---|
| 1095 | + | 36 roll shall be designated the Indiana national guard retired list. |
---|
| 1096 | + | 37 (b) The commissioned officer may wear, on occasion of ceremony, |
---|
| 1097 | + | 38 the uniform of the highest rank held by the officer. |
---|
| 1098 | + | 39 (c) An officer carried on the Indiana national guard retired list, if |
---|
| 1099 | + | 40 qualified, is eligible for detail or appointment on the general staff or the |
---|
| 1100 | + | 41 staff of any commander when not physically disqualified for military |
---|
| 1101 | + | 42 duty. However, if an officer carried on the Indiana national guard |
---|
| 1102 | + | HB 1235—LS 7083/DI 116 26 |
---|
| 1103 | + | 1 retired list is appointed to a staff position as described in this section, |
---|
| 1104 | + | 2 the officer shall be recommissioned in the rank to which the officer has |
---|
| 1105 | + | 3 been appointed. The officer shall hold this rank during the time of the |
---|
| 1106 | + | 4 staff appointment unless the officer is promoted to a higher rank. |
---|
| 1107 | + | 5 (d) If the officer retires for a second time from active service, the |
---|
| 1108 | + | 6 officer shall be entered on the Indiana national guard retired list with |
---|
| 1109 | + | 7 the officer's highest rank. |
---|
| 1110 | + | 8 (e) An officer whose name appears on the national guard retired list |
---|
| 1111 | + | 9 is not entitled to receive any military pay or emolument from the state |
---|
| 1112 | + | 10 during the time the officer remains on the national guard retired list |
---|
| 1113 | + | 11 unless the officer is specifically assigned to duty on orders from the |
---|
| 1114 | + | 12 governor. If the officer is assigned to duty on orders from the governor, |
---|
| 1115 | + | 13 the officer is entitled only to the military pay and allowance provided |
---|
| 1116 | + | 14 by law for officers of the rank to which appointed. |
---|
| 1117 | + | 15 SECTION 24. IC 10-16-20-2, AS AMENDED BY P.L.99-2016, |
---|
| 1118 | + | 16 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1119 | + | 17 JULY 1, 2025]: Sec. 2. The following definitions apply throughout this |
---|
| 1120 | + | 18 chapter: |
---|
| 1121 | + | 19 (1) "Military service" means: |
---|
| 1122 | + | 20 (A) in the case of a servicemember who is a member or |
---|
| 1123 | + | 21 reserve member of the United States Army, United States |
---|
| 1124 | + | 22 Navy, United States Air Force, United States Marine Corps, |
---|
| 1125 | + | 23 United States Space Force, or United States Coast Guard, |
---|
| 1126 | + | 24 full-time duty in the active military service, of the United |
---|
| 1127 | + | 25 States, including: |
---|
| 1128 | + | 26 (i) full-time training duty; |
---|
| 1129 | + | 27 (ii) annual training duty; and |
---|
| 1130 | + | 28 (iii) attendance while at a school designated as a service |
---|
| 1131 | + | 29 school by federal law or by the secretary of the military |
---|
| 1132 | + | 30 department concerned; |
---|
| 1133 | + | 31 (B) in the case of a member or reserve member of the Indiana |
---|
| 1134 | + | 32 National Guard, service under a call to active: |
---|
| 1135 | + | 33 (i) service authorized by the President of the United States |
---|
| 1136 | + | 34 or the Secretary of Defense for a period of more than thirty |
---|
| 1137 | + | 35 (30) days in response to a national emergency declared by |
---|
| 1138 | + | 36 the President of the United States; or |
---|
| 1139 | + | 37 (ii) duty as defined by IC 10-16-7-23(a) for a period of more |
---|
| 1140 | + | 38 than thirty (30) consecutive days; |
---|
| 1141 | + | 39 (C) in the case of a servicemember who is a commissioned |
---|
| 1142 | + | 40 officer of the Public Health Service or the National Oceanic |
---|
| 1143 | + | 41 and Atmospheric Administration, active service; |
---|
| 1144 | + | 42 (D) in the case of a member or reserve member of the national |
---|
| 1145 | + | HB 1235—LS 7083/DI 116 27 |
---|
| 1146 | + | 1 guard of another state, service under an order by the governor |
---|
| 1147 | + | 2 of that state to active duty for a period of more than thirty (30) |
---|
| 1148 | + | 3 consecutive days; or |
---|
| 1149 | + | 4 (E) any period during which a servicemember is absent from |
---|
| 1150 | + | 5 duty on account of sickness, wounds, leave, or other lawful |
---|
| 1151 | + | 6 cause. |
---|
| 1152 | + | 7 (2) "Servicemember" means an individual engaged in military |
---|
| 1153 | + | 8 service. |
---|
| 1154 | + | 9 SECTION 25. IC 10-17-1-9, AS AMENDED BY P.L.42-2020, |
---|
| 1155 | + | 10 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1156 | + | 11 JULY 1, 2025]: Sec. 9. (a) A county executive: |
---|
| 1157 | + | 12 (1) shall designate and may: |
---|
| 1158 | + | 13 (A) appoint a county service officer for a four (4) year term; or |
---|
| 1159 | + | 14 (B) employ a county service officer; and |
---|
| 1160 | + | 15 (2) may employ service officer assistants; |
---|
| 1161 | + | 16 to serve the veterans of the county. |
---|
| 1162 | + | 17 (b) The mayor of a city may employ a service officer and may |
---|
| 1163 | + | 18 employ service officer assistants to serve the veterans of the city. |
---|
| 1164 | + | 19 (c) If the remuneration and expenses of a county or city service |
---|
| 1165 | + | 20 officer are paid from the funds of the county or city employing the |
---|
| 1166 | + | 21 service officer, the service officer shall: |
---|
| 1167 | + | 22 (1) be: |
---|
| 1168 | + | 23 (A) an honorably discharged a veteran who has been |
---|
| 1169 | + | 24 discharged from military service with a separation code |
---|
| 1170 | + | 25 that is not determined to be disallowable under |
---|
| 1171 | + | 26 IC 10-17-12-10.5 who has at least six (6) months of active |
---|
| 1172 | + | 27 service in the armed forces of the United States; or |
---|
| 1173 | + | 28 (B) a service officer assistant with not less than two (2) years |
---|
| 1174 | + | 29 of experience; |
---|
| 1175 | + | 30 (2) be a resident of Indiana or become a resident of Indiana not |
---|
| 1176 | + | 31 more than six (6) months after the service officer's start date; and |
---|
| 1177 | + | 32 (3) serve under the supervision of the director of veterans' affairs. |
---|
| 1178 | + | 33 (d) A service officer assistant must be a resident of Indiana or |
---|
| 1179 | + | 34 become a resident of Indiana not later than six (6) months after the |
---|
| 1180 | + | 35 service officer assistant's start date and: |
---|
| 1181 | + | 36 (1) satisfy the requirements specified in subsection (c)(1); or |
---|
| 1182 | + | 37 (2) be the spouse, surviving spouse, parent, or child of a person |
---|
| 1183 | + | 38 who satisfies the requirements specified in subsection (c)(1). |
---|
| 1184 | + | 39 (e) A rule contrary to subsection (c) or (d) is void. |
---|
| 1185 | + | 40 (f) County and city fiscal bodies may appropriate funds necessary |
---|
| 1186 | + | 41 for the purposes described in this section. |
---|
| 1187 | + | 42 SECTION 26. IC 10-17-2-2, AS AMENDED BY P.L.42-2020, |
---|
| 1188 | + | HB 1235—LS 7083/DI 116 28 |
---|
| 1189 | + | 1 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1190 | + | 2 JULY 1, 2025]: Sec. 2. A book providing for the recording of |
---|
| 1191 | + | 3 discharges from the United States Army, United States Navy, or any |
---|
| 1192 | + | 4 other branch of the service must consist of printed forms in blank, |
---|
| 1193 | + | 5 similar to and in conformity with the wording of the forms of discharge |
---|
| 1194 | + | 6 used by the United States government, the size of type being reduced |
---|
| 1195 | + | 7 to permit the printing of the form of the discharge on one (1) page of |
---|
| 1196 | + | 8 the record. Each book must be provided with an alphabetical index. |
---|
| 1197 | + | 9 The standards imposed by this section apply to the preservation of |
---|
| 1198 | + | 10 discharges in an electronic format under section 1(a)(2) of this chapter. |
---|
| 1199 | + | 11 SECTION 27. IC 10-17-9-0.9 IS ADDED TO THE INDIANA |
---|
| 1200 | + | 12 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 1201 | + | 13 [EFFECTIVE JULY 1, 2025]: Sec. 0.9. As used in this chapter, |
---|
| 1202 | + | 14 "uniformed services" means the following: |
---|
| 1203 | + | 15 (1) The United States Army. |
---|
| 1204 | + | 16 (2) The United States Air Force. |
---|
| 1205 | + | 17 (3) The United States Navy. |
---|
| 1206 | + | 18 (4) The United States Marine Corps. |
---|
| 1207 | + | 19 (5) The United States Space Force. |
---|
| 1208 | + | 20 (6) The United States Coast Guard. |
---|
| 1209 | + | 21 (7) The commissioned corps of the National Oceanic and |
---|
| 1210 | + | 22 Atmospheric Administration. |
---|
| 1211 | + | 23 (8) The commissioned corps of the Public Health Service. |
---|
| 1212 | + | 24 SECTION 28. IC 10-17-9-5, AS AMENDED BY P.L.21-2008, |
---|
| 1213 | + | 25 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1214 | + | 26 JULY 1, 2025]: Sec. 5. The superintendent may not appoint or employ |
---|
| 1215 | + | 27 a person in an office or a place in the Indiana Veterans' Home because |
---|
| 1216 | + | 28 of the political views or affiliation of the appointee or employee or for |
---|
| 1217 | + | 29 a reason other than capacity and fitness for the duties to be performed |
---|
| 1218 | + | 30 by the appointee or employee. However, among applicants for |
---|
| 1219 | + | 31 appointment found capable and fit, preference shall be given to an |
---|
| 1220 | + | 32 honorably discharged military veteran and the spouse, widow, |
---|
| 1221 | + | 33 widower, mother, and child of an honorably discharged a military |
---|
| 1222 | + | 34 veteran who has been discharged from military service with a |
---|
| 1223 | + | 35 separation code that is not determined to be disallowable under |
---|
| 1224 | + | 36 IC 10-17-12-10.5. |
---|
| 1225 | + | 37 SECTION 29. IC 10-17-9-7, AS AMENDED BY P.L.113-2010, |
---|
| 1226 | + | 38 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1227 | + | 39 JULY 1, 2025]: Sec. 7. (a) As used in this section, "eligible person" |
---|
| 1228 | + | 40 refers to either of the following: |
---|
| 1229 | + | 41 (1) An honorably discharged member of the armed forces. A |
---|
| 1230 | + | 42 member of the uniformed services who was discharged from |
---|
| 1231 | + | HB 1235—LS 7083/DI 116 29 |
---|
| 1232 | + | 1 the uniformed services with a separation code that is not |
---|
| 1233 | + | 2 determined to be disallowable under IC 10-17-12-10.5. |
---|
| 1234 | + | 3 (2) The spouse or surviving spouse of an honorably discharged |
---|
| 1235 | + | 4 member of the armed forces. a member of the uniformed |
---|
| 1236 | + | 5 services who was discharged from the uniformed services with |
---|
| 1237 | + | 6 a separation code that is not determined to be disallowable |
---|
| 1238 | + | 7 under IC 10-17-12-10.5. |
---|
| 1239 | + | 8 (b) An eligible person who has a disability or is destitute is eligible |
---|
| 1240 | + | 9 for admission to the home if: |
---|
| 1241 | + | 10 (1) the eligible person has been a resident of Indiana for at least |
---|
| 1242 | + | 11 one (1) year immediately preceding application for or establishes |
---|
| 1243 | + | 12 residency in Indiana not later than six (6) months after |
---|
| 1244 | + | 13 admission to the home; or |
---|
| 1245 | + | 14 (2) in the case of an eligible person referred to in subsection |
---|
| 1246 | + | 15 (a)(1), the eligible person was a resident of Indiana when the |
---|
| 1247 | + | 16 eligible person enlisted in the armed forces. uniformed services. |
---|
| 1248 | + | 17 (c) The Indiana department of veterans' affairs shall adopt rules |
---|
| 1249 | + | 18 concerning admission to the home. |
---|
| 1250 | + | 19 (d) In adopting rules governing the admission, maintenance, and |
---|
| 1251 | + | 20 discharge of members of the home, the Indiana department of veterans' |
---|
| 1252 | + | 21 affairs may establish a fund called the veterans' home comfort and |
---|
| 1253 | + | 22 welfare fund. The director shall deposit all money collected from the |
---|
| 1254 | + | 23 members for the cost of their care and maintenance in the fund. The |
---|
| 1255 | + | 24 director shall expend this money in any manner that adds to the comfort |
---|
| 1256 | + | 25 and welfare of the members of the institutions. |
---|
| 1257 | + | 26 (e) A part of the veterans' home comfort and welfare fund may be |
---|
| 1258 | + | 27 withdrawn and deposited in a special fund called the veterans' home |
---|
| 1259 | + | 28 building fund. The veterans' home building fund shall be used for the |
---|
| 1260 | + | 29 construction, maintenance, remodeling, or repair of buildings of the |
---|
| 1261 | + | 30 home. |
---|
| 1262 | + | 31 (f) Preference under this section may be given to a person who |
---|
| 1263 | + | 32 served in an Indiana military organization. Except in cases where the |
---|
| 1264 | + | 33 surviving spouse of a veteran marries another veteran, the benefits of |
---|
| 1265 | + | 34 this chapter extend only to a surviving spouse and the spouse of a |
---|
| 1266 | + | 35 veteran if the contract of marriage was entered into more than five (5) |
---|
| 1267 | + | 36 years before the date of death of the veteran. Except as otherwise |
---|
| 1268 | + | 37 provided by law, upon the death of a person in the home, money paid |
---|
| 1269 | + | 38 to the person or due to the person from a bank, a trust company, a |
---|
| 1270 | + | 39 corporation, or an individual becomes an asset of the person's estate |
---|
| 1271 | + | 40 and shall be distributed in the manner prescribed by the probate law of |
---|
| 1272 | + | 41 the state. |
---|
| 1273 | + | 42 SECTION 30. IC 10-17-10-0.5 IS ADDED TO THE INDIANA |
---|
| 1274 | + | HB 1235—LS 7083/DI 116 30 |
---|
| 1275 | + | 1 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 1276 | + | 2 [EFFECTIVE JULY 1, 2025]: Sec. 0.5. As used in this chapter, |
---|
| 1277 | + | 3 "armed forces of the United States" means the following: |
---|
992 | | - | 9 (5) (6) The United States Coast Guard. |
---|
993 | | - | 10 SECTION 18. IC 9-18.5-4-1, AS ADDED BY P.L.198-2016, |
---|
994 | | - | 11 SECTION 327, IS AMENDED TO READ AS FOLLOWS |
---|
995 | | - | 12 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except as provided in |
---|
996 | | - | 13 subsection (b), the bureau shall issue license plates for a vehicle that |
---|
997 | | - | 14 designate the vehicle as being owned or leased by a recipient of the |
---|
998 | | - | 15 Medal of Honor or former prisoner of war. |
---|
999 | | - | 16 (b) The bureau may issue one (1) or more Medal of Honor or |
---|
1000 | | - | 17 former prisoner of war license plates to the surviving spouse of a |
---|
1001 | | - | 18 recipient of the Medal of Honor or a former prisoner of war. |
---|
1002 | | - | 19 SECTION 19. IC 9-18.5-4-2, AS ADDED BY P.L.198-2016, |
---|
1003 | | - | 20 SECTION 327, IS AMENDED TO READ AS FOLLOWS |
---|
1004 | | - | 21 [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) A Medal of Honor license |
---|
1005 | | - | 22 plate must display the following: |
---|
1006 | | - | 23 (1) An identification number. |
---|
1007 | | - | 24 (2) The branch of service that awarded the Medal of Honor |
---|
1008 | | - | 25 denoted at the bottom of the license plate followed by the |
---|
1009 | | - | 26 words "Medal of Honor". |
---|
1010 | | - | 27 (3) An image of the Medal of Honor for the applicable branch |
---|
1011 | | - | 28 of service to the left of the identification number. |
---|
1012 | | - | 29 (b) A former prisoner of war license plate must display the |
---|
1013 | | - | 30 following: |
---|
1014 | | - | 31 (1) An identification number. |
---|
1015 | | - | 32 (2) The legend "Ex-POW". |
---|
1016 | | - | 33 (3) Any other information and design selected by the bureau. |
---|
1017 | | - | 34 SECTION 20. IC 9-18.5-4-3, AS ADDED BY P.L.198-2016, |
---|
1018 | | - | 35 SECTION 327, IS AMENDED TO READ AS FOLLOWS |
---|
1019 | | - | 36 [EFFECTIVE JULY 1, 2025]: Sec. 3. A Medal of Honor or former |
---|
1020 | | - | 37 prisoner of war license plate may only be: |
---|
1021 | | - | 38 (1) assigned to; and |
---|
1022 | | - | 39 (2) displayed on; |
---|
1023 | | - | 40 a vehicle registered under IC 9-18 (before its expiration) or IC 9-18.1. |
---|
1024 | | - | 41 SECTION 21. IC 9-18.5-4-4, AS ADDED BY P.L.198-2016, |
---|
1025 | | - | 42 SECTION 327, IS AMENDED TO READ AS FOLLOWS |
---|
1026 | | - | EH 1235—LS 7083/DI 116 24 |
---|
1027 | | - | 1 [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) An individual who has been |
---|
1028 | | - | 2 issued under this chapter a license plate designating the individual's |
---|
1029 | | - | 3 vehicle as being owned or leased by a recipient of the Medal of |
---|
1030 | | - | 4 Honor or former prisoner of war may not be: |
---|
1031 | | - | 5 (1) charged a fee for parking the vehicle displaying the license |
---|
1032 | | - | 6 plate in a metered space; or |
---|
1033 | | - | 7 (2) assessed a penalty for parking the vehicle displaying the |
---|
1034 | | - | 8 license plate in a metered space for longer than the time |
---|
1035 | | - | 9 permitted. |
---|
1036 | | - | 10 (b) This section does not authorize parking of a vehicle in a parking |
---|
1037 | | - | 11 place during a time when parking in the space is prohibited if the |
---|
1038 | | - | 12 prohibition is: |
---|
1039 | | - | 13 (1) posted; and |
---|
1040 | | - | 14 (2) authorized: |
---|
1041 | | - | 15 (A) by ordinance in a city or town; or |
---|
1042 | | - | 16 (B) by order of the Indiana department of transportation. |
---|
1043 | | - | 17 (c) An individual other than the owner or lessee of a vehicle |
---|
1044 | | - | 18 displaying a Medal of Honor or former prisoner of war license plate |
---|
1045 | | - | 19 authorized by this chapter is not entitled to the parking privileges |
---|
1046 | | - | 20 established by this section. |
---|
1047 | | - | 21 SECTION 22. IC 9-18.5-7-3, AS AMENDED BY P.L.79-2020, |
---|
1048 | | - | 22 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1049 | | - | 23 JULY 1, 2025]: Sec. 3. (a) An Indiana resident who is a current or |
---|
1050 | | - | 24 former member of the Army or Air National Guard may apply for and |
---|
1051 | | - | 25 receive one (1) or more license plates under this chapter. |
---|
1052 | | - | 26 (b) An individual applying for a National Guard license plate under |
---|
1053 | | - | 27 this chapter as a current member of the National Guard must |
---|
1054 | | - | 28 demonstrate the individual's status as a current member of the Army or |
---|
1055 | | - | 29 Air National Guard by presenting the following with the individual's |
---|
1056 | | - | 30 application: |
---|
1057 | | - | 31 (1) A current United States armed forces identification card. |
---|
1058 | | - | 32 (2) A letter signed by the individual's commanding officer |
---|
1059 | | - | 33 identifying the individual as a current active member. |
---|
1060 | | - | 34 (c) An individual applying for a National Guard license plate under |
---|
1061 | | - | 35 this chapter as a former member of the National Guard must present |
---|
1062 | | - | 36 with the individual's application a copy of the individual's: |
---|
1063 | | - | 37 (1) National Guard Bureau Form 22 or 22A showing the |
---|
1064 | | - | 38 individual received an honorable or general under honorable |
---|
1065 | | - | 39 conditions discharge; a discharge under conditions other than |
---|
1066 | | - | 40 conditions set forth in IC 10-17-12-7.5(2); or |
---|
1067 | | - | 41 (2) National Guard Bureau Form 23D or 23E showing the |
---|
1068 | | - | 42 individual as retired; |
---|
1069 | | - | EH 1235—LS 7083/DI 116 25 |
---|
1070 | | - | 1 as proof of the individual's status as a former member of the Army or |
---|
1071 | | - | 2 Air National Guard. |
---|
1072 | | - | 3 SECTION 23. IC 10-16-6-9 IS AMENDED TO READ AS |
---|
1073 | | - | 4 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 9. An enlisted person |
---|
1074 | | - | 5 who is discharged from service in the Indiana National Guard shall |
---|
1075 | | - | 6 receive a discharge in writing in the form and with the classification |
---|
1076 | | - | 7 prescribed by national guard regulations. In time of peace, a discharge |
---|
1077 | | - | 8 may be given before the expiration of an enlistment term in the |
---|
1078 | | - | 9 following cases: |
---|
1079 | | - | 10 (1) By sentence of a general court-martial. |
---|
1080 | | - | 11 (2) By direction of the governor on account of disability. |
---|
1081 | | - | 12 (3) On account of sentence of imprisonment by a civil court, |
---|
1082 | | - | 13 whether suspended or not. |
---|
1083 | | - | 14 (4) On account of a bona fide permanent change of residence to |
---|
1084 | | - | 15 another state. |
---|
1085 | | - | 16 (5) For the purpose of enlisting in the: |
---|
1086 | | - | 17 (A) United States Army; |
---|
1087 | | - | 18 (B) United States Air Force; |
---|
1088 | | - | 19 (C) United States Navy; or |
---|
1089 | | - | 20 (D) United States Marine Corps; or |
---|
1090 | | - | 21 (E) United States Space Force. |
---|
1091 | | - | 22 (6) For other causes prescribed by national guard regulations or |
---|
1092 | | - | 23 the commander in chief. |
---|
1093 | | - | 24 However, an enlisted person who has not returned or accounted for all |
---|
1094 | | - | 25 of the public property for which the enlisted person is responsible may |
---|
1095 | | - | 26 not receive an honorable discharge. |
---|
1096 | | - | 27 SECTION 24. IC 10-16-6-12 IS AMENDED TO READ AS |
---|
1097 | | - | 28 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 12. (a) A |
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1098 | | - | 29 commissioned officer: |
---|
1099 | | - | 30 (1) who serves in the Indiana national guard for at least five (5) |
---|
1100 | | - | 31 years; or |
---|
1101 | | - | 32 (2) who becomes permanently disabled from performing the |
---|
1102 | | - | 33 officer's duties, irrespective of length of service; |
---|
1103 | | - | 34 may, upon honorable retirement from the military service under |
---|
1104 | | - | 35 conditions other than conditions set forth in IC 10-17-12-7.5(2), |
---|
1105 | | - | 36 whether by resignation or otherwise, and upon application to the |
---|
1106 | | - | 37 adjutant general, be carried upon a roll to be established and |
---|
1107 | | - | 38 maintained in the office of the adjutant general. The roll shall be |
---|
1108 | | - | 39 designated the Indiana national guard retired list. |
---|
1109 | | - | 40 (b) The commissioned officer may wear, on occasion of ceremony, |
---|
1110 | | - | 41 the uniform of the highest rank held by the officer. |
---|
1111 | | - | 42 (c) An officer carried on the Indiana national guard retired list, if |
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1112 | | - | EH 1235—LS 7083/DI 116 26 |
---|
1113 | | - | 1 qualified, is eligible for detail or appointment on the general staff or the |
---|
1114 | | - | 2 staff of any commander when not physically disqualified for military |
---|
1115 | | - | 3 duty. However, if an officer carried on the Indiana national guard |
---|
1116 | | - | 4 retired list is appointed to a staff position as described in this section, |
---|
1117 | | - | 5 the officer shall be recommissioned in the rank to which the officer has |
---|
1118 | | - | 6 been appointed. The officer shall hold this rank during the time of the |
---|
1119 | | - | 7 staff appointment unless the officer is promoted to a higher rank. |
---|
1120 | | - | 8 (d) If the officer retires for a second time from active service, the |
---|
1121 | | - | 9 officer shall be entered on the Indiana national guard retired list with |
---|
1122 | | - | 10 the officer's highest rank. |
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1123 | | - | 11 (e) An officer whose name appears on the national guard retired list |
---|
1124 | | - | 12 is not entitled to receive any military pay or emolument from the state |
---|
1125 | | - | 13 during the time the officer remains on the national guard retired list |
---|
1126 | | - | 14 unless the officer is specifically assigned to duty on orders from the |
---|
1127 | | - | 15 governor. If the officer is assigned to duty on orders from the governor, |
---|
1128 | | - | 16 the officer is entitled only to the military pay and allowance provided |
---|
1129 | | - | 17 by law for officers of the rank to which appointed. |
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1130 | | - | 18 SECTION 25. IC 10-16-20-2, AS AMENDED BY P.L.99-2016, |
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1131 | | - | 19 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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1132 | | - | 20 JULY 1, 2025]: Sec. 2. The following definitions apply throughout this |
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1133 | | - | 21 chapter: |
---|
1134 | | - | 22 (1) "Military service" means: |
---|
1135 | | - | 23 (A) in the case of a servicemember who is a member or |
---|
1136 | | - | 24 reserve member of the United States Army, United States |
---|
1137 | | - | 25 Navy, United States Air Force, United States Marine Corps, |
---|
1138 | | - | 26 United States Space Force, or United States Coast Guard, |
---|
1139 | | - | 27 full-time duty in the active military service, of the United |
---|
1140 | | - | 28 States, including: |
---|
1141 | | - | 29 (i) full-time training duty; |
---|
1142 | | - | 30 (ii) annual training duty; and |
---|
1143 | | - | 31 (iii) attendance while at a school designated as a service |
---|
1144 | | - | 32 school by federal law or by the secretary of the military |
---|
1145 | | - | 33 department concerned; |
---|
1146 | | - | 34 (B) in the case of a member or reserve member of the Indiana |
---|
1147 | | - | 35 National Guard, service under a call to active: |
---|
1148 | | - | 36 (i) service authorized by the President of the United States |
---|
1149 | | - | 37 or the Secretary of Defense for a period of more than thirty |
---|
1150 | | - | 38 (30) days in response to a national emergency declared by |
---|
1151 | | - | 39 the President of the United States; or |
---|
1152 | | - | 40 (ii) duty as defined by IC 10-16-7-23(a) for a period of more |
---|
1153 | | - | 41 than thirty (30) consecutive days; |
---|
1154 | | - | 42 (C) in the case of a servicemember who is a commissioned |
---|
1155 | | - | EH 1235—LS 7083/DI 116 27 |
---|
1156 | | - | 1 officer of the Public Health Service or the National Oceanic |
---|
1157 | | - | 2 and Atmospheric Administration, active service; |
---|
1158 | | - | 3 (D) in the case of a member or reserve member of the national |
---|
1159 | | - | 4 guard of another state, service under an order by the governor |
---|
1160 | | - | 5 of that state to active duty for a period of more than thirty (30) |
---|
1161 | | - | 6 consecutive days; or |
---|
1162 | | - | 7 (E) any period during which a servicemember is absent from |
---|
1163 | | - | 8 duty on account of sickness, wounds, leave, or other lawful |
---|
1164 | | - | 9 cause. |
---|
1165 | | - | 10 (2) "Servicemember" means an individual engaged in military |
---|
1166 | | - | 11 service. |
---|
1167 | | - | 12 SECTION 26. IC 10-17-1-9, AS AMENDED BY P.L.42-2020, |
---|
1168 | | - | 13 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1169 | | - | 14 JULY 1, 2025]: Sec. 9. (a) A county executive: |
---|
1170 | | - | 15 (1) shall designate and may: |
---|
1171 | | - | 16 (A) appoint a county service officer for a four (4) year term; or |
---|
1172 | | - | 17 (B) employ a county service officer; and |
---|
1173 | | - | 18 (2) may employ service officer assistants; |
---|
1174 | | - | 19 to serve the veterans of the county. |
---|
1175 | | - | 20 (b) The mayor of a city may employ a service officer and may |
---|
1176 | | - | 21 employ service officer assistants to serve the veterans of the city. |
---|
1177 | | - | 22 (c) If the remuneration and expenses of a county or city service |
---|
1178 | | - | 23 officer are paid from the funds of the county or city employing the |
---|
1179 | | - | 24 service officer, the service officer shall: |
---|
1180 | | - | 25 (1) be: |
---|
1181 | | - | 26 (A) an honorably discharged a veteran who received a |
---|
1182 | | - | 27 discharge from military service under conditions other |
---|
1183 | | - | 28 than conditions set forth in IC 10-17-12-7.5(2) and who has |
---|
1184 | | - | 29 at least six (6) months of active service in the armed forces of |
---|
1185 | | - | 30 the United States; or |
---|
1186 | | - | 31 (B) a service officer assistant with not less than two (2) years |
---|
1187 | | - | 32 of experience; |
---|
1188 | | - | 33 (2) be a resident of Indiana or become a resident of Indiana not |
---|
1189 | | - | 34 more than six (6) months after the service officer's start date; and |
---|
1190 | | - | 35 (3) serve under the supervision of the director of veterans' affairs. |
---|
1191 | | - | 36 (d) A service officer assistant must be a resident of Indiana or |
---|
1192 | | - | 37 become a resident of Indiana not later than six (6) months after the |
---|
1193 | | - | 38 service officer assistant's start date and: |
---|
1194 | | - | 39 (1) satisfy the requirements specified in subsection (c)(1); or |
---|
1195 | | - | 40 (2) be the spouse, surviving spouse, parent, or child of a person |
---|
1196 | | - | 41 who satisfies the requirements specified in subsection (c)(1). |
---|
1197 | | - | 42 (e) A rule contrary to subsection (c) or (d) is void. |
---|
1198 | | - | EH 1235—LS 7083/DI 116 28 |
---|
1199 | | - | 1 (f) County and city fiscal bodies may appropriate funds necessary |
---|
1200 | | - | 2 for the purposes described in this section. |
---|
1201 | | - | 3 SECTION 27. IC 10-17-2-2, AS AMENDED BY P.L.42-2020, |
---|
1202 | | - | 4 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1203 | | - | 5 JULY 1, 2025]: Sec. 2. A book providing for the recording of |
---|
1204 | | - | 6 discharges from the United States Army, United States Navy, or any |
---|
1205 | | - | 7 other branch of the service must consist of printed forms in blank, |
---|
1206 | | - | 8 similar to and in conformity with the wording of the forms of discharge |
---|
1207 | | - | 9 used by the United States government, the size of type being reduced |
---|
1208 | | - | 10 to permit the printing of the form of the discharge on one (1) page of |
---|
1209 | | - | 11 the record. Each book must be provided with an alphabetical index. |
---|
1210 | | - | 12 The standards imposed by this section apply to the preservation of |
---|
1211 | | - | 13 discharges in an electronic format under section 1(a)(2) of this chapter. |
---|
1212 | | - | 14 SECTION 28. IC 10-17-9-0.9 IS ADDED TO THE INDIANA |
---|
1213 | | - | 15 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
1214 | | - | 16 [EFFECTIVE JULY 1, 2025]: Sec. 0.9. As used in this chapter, |
---|
1215 | | - | 17 "uniformed services" means the following: |
---|
1216 | | - | 18 (1) The United States Army. |
---|
1217 | | - | 19 (2) The United States Air Force. |
---|
1218 | | - | 20 (3) The United States Navy. |
---|
1219 | | - | 21 (4) The United States Marine Corps. |
---|
1220 | | - | 22 (5) The United States Space Force. |
---|
1221 | | - | 23 (6) The United States Coast Guard. |
---|
1222 | | - | 24 (7) The commissioned corps of the National Oceanic and |
---|
1223 | | - | 25 Atmospheric Administration. |
---|
1224 | | - | 26 (8) The commissioned corps of the Public Health Service. |
---|
1225 | | - | 27 SECTION 29. IC 10-17-9-5, AS AMENDED BY P.L.21-2008, |
---|
1226 | | - | 28 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1227 | | - | 29 JULY 1, 2025]: Sec. 5. The superintendent may not appoint or employ |
---|
1228 | | - | 30 a person in an office or a place in the Indiana Veterans' Home because |
---|
1229 | | - | 31 of the political views or affiliation of the appointee or employee or for |
---|
1230 | | - | 32 a reason other than capacity and fitness for the duties to be performed |
---|
1231 | | - | 33 by the appointee or employee. However, among applicants for |
---|
1232 | | - | 34 appointment found capable and fit, preference shall be given to an |
---|
1233 | | - | 35 honorably discharged a military veteran who received a discharge |
---|
1234 | | - | 36 from military service under conditions other than conditions set |
---|
1235 | | - | 37 forth in IC 10-17-12-7.5(2) and the spouse, widow, widower, mother, |
---|
1236 | | - | 38 and child of an honorably discharged a military veteran who received |
---|
1237 | | - | 39 a discharge from military service under conditions other than |
---|
1238 | | - | 40 conditions set forth in IC 10-17-12-7.5(2). |
---|
1239 | | - | 41 SECTION 30. IC 10-17-9-7, AS AMENDED BY P.L.113-2010, |
---|
1240 | | - | 42 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1241 | | - | EH 1235—LS 7083/DI 116 29 |
---|
1242 | | - | 1 JULY 1, 2025]: Sec. 7. (a) As used in this section, "eligible person" |
---|
1243 | | - | 2 refers to either of the following: |
---|
1244 | | - | 3 (1) An honorably discharged member of the armed forces. A |
---|
1245 | | - | 4 member of the uniformed services who was discharged from |
---|
1246 | | - | 5 the uniformed services under conditions other than conditions |
---|
1247 | | - | 6 set forth in IC 10-17-12-7.5(2). |
---|
1248 | | - | 7 (2) The spouse or surviving spouse of an honorably discharged |
---|
1249 | | - | 8 member of the armed forces. a member of the uniformed |
---|
1250 | | - | 9 services who was discharged from the uniformed services |
---|
1251 | | - | 10 under conditions other than conditions set forth in |
---|
1252 | | - | 11 IC 10-17-12-7.5(2). |
---|
1253 | | - | 12 (b) An eligible person who has a disability or is destitute is eligible |
---|
1254 | | - | 13 for admission to the home if: |
---|
1255 | | - | 14 (1) the eligible person has been is a resident of Indiana for at least |
---|
1256 | | - | 15 one (1) year immediately preceding application for or establishes |
---|
1257 | | - | 16 residency in Indiana not later than six (6) months after |
---|
1258 | | - | 17 admission to the home; or |
---|
1259 | | - | 18 (2) in the case of an eligible person referred to in subsection |
---|
1260 | | - | 19 (a)(1), the eligible person was a resident of Indiana when the |
---|
1261 | | - | 20 eligible person enlisted in the armed forces. uniformed services. |
---|
1262 | | - | 21 (c) The Indiana department of veterans' affairs shall adopt rules |
---|
1263 | | - | 22 concerning admission to the home. |
---|
1264 | | - | 23 (d) In adopting rules governing the admission, maintenance, and |
---|
1265 | | - | 24 discharge of members of the home, the Indiana department of veterans' |
---|
1266 | | - | 25 affairs may establish a fund called the veterans' home comfort and |
---|
1267 | | - | 26 welfare fund. The director shall deposit all money collected from the |
---|
1268 | | - | 27 members for the cost of their care and maintenance in the fund. The |
---|
1269 | | - | 28 director shall expend this money in any manner that adds to the comfort |
---|
1270 | | - | 29 and welfare of the members of the institutions. |
---|
1271 | | - | 30 (e) A part of the veterans' home comfort and welfare fund may be |
---|
1272 | | - | 31 withdrawn and deposited in a special fund called the veterans' home |
---|
1273 | | - | 32 building fund. The veterans' home building fund shall be used for the |
---|
1274 | | - | 33 construction, maintenance, remodeling, or repair of buildings of the |
---|
1275 | | - | 34 home. |
---|
1276 | | - | 35 (f) Preference under this section may be given to a person who |
---|
1277 | | - | 36 served in an Indiana military organization. Except in cases where the |
---|
1278 | | - | 37 surviving spouse of a veteran marries another veteran, the benefits of |
---|
1279 | | - | 38 this chapter extend only to a surviving spouse and the spouse of a |
---|
1280 | | - | 39 veteran if the contract of marriage was entered into more than five (5) |
---|
1281 | | - | 40 years before the date of death of the veteran. Except as otherwise |
---|
1282 | | - | 41 provided by law, upon the death of a person in the home, money paid |
---|
1283 | | - | 42 to the person or due to the person from a bank, a trust company, a |
---|
1284 | | - | EH 1235—LS 7083/DI 116 30 |
---|
1285 | | - | 1 corporation, or an individual becomes an asset of the person's estate |
---|
1286 | | - | 2 and shall be distributed in the manner prescribed by the probate law of |
---|
1287 | | - | 3 the state. |
---|
1288 | | - | 4 SECTION 31. IC 10-17-10-0.5 IS ADDED TO THE INDIANA |
---|
1289 | | - | 5 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
1290 | | - | 6 [EFFECTIVE JULY 1, 2025]: Sec. 0.5. As used in this chapter, |
---|
1291 | | - | 7 "armed forces of the United States" means the following: |
---|
1292 | | - | 8 (1) The United States Army. |
---|
1293 | | - | 9 (2) The United States Navy. |
---|
1294 | | - | 10 (3) The United States Air Force. |
---|
1295 | | - | 11 (4) The United States Marine Corps. |
---|
1296 | | - | 12 (5) The United States Space Force. |
---|
1297 | | - | 13 (6) The United States Coast Guard. |
---|
1298 | | - | 14 SECTION 32. IC 10-17-10-1 IS AMENDED TO READ AS |
---|
1299 | | - | 15 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. If: |
---|
1300 | | - | 16 (1) a person: |
---|
1301 | | - | 17 (A) has served as a member of the armed forces of the United |
---|
1302 | | - | 18 States as a soldier, sailor, or marine in the army, air force, or |
---|
1303 | | - | 19 navy of the United States or as a member of the women's |
---|
1304 | | - | 20 components of the army, air force, or navy of the United |
---|
1305 | | - | 21 States, is a resident of Indiana, and dies while a member of the |
---|
1306 | | - | 22 armed forces and before discharge from the armed forces or |
---|
1307 | | - | 23 after receiving an honorable discharge from the armed forces; |
---|
1308 | | - | 24 or |
---|
1309 | | - | 25 (B) is the spouse or surviving spouse of a person described in |
---|
1310 | | - | 26 clause (A) and is a resident of Indiana; and |
---|
1311 | | - | 27 (2) a claim is filed for a burial allowance: |
---|
1312 | | - | 28 (A) by an interested person with the board of commissioners |
---|
1313 | | - | 29 of the county of the residence of the deceased person; and |
---|
1314 | | - | 30 (B) stating the fact: |
---|
1315 | | - | 31 (a) In order for an interested person to qualify for an allowance |
---|
1316 | | - | 32 under this chapter: |
---|
1317 | | - | 33 (1) the decedent must have been an Indiana resident at the |
---|
1318 | | - | 34 time of death and must have: |
---|
1319 | | - | 35 (A) received a discharge from the armed forces of the |
---|
1320 | | - | 36 United States under conditions other than conditions set |
---|
1321 | | - | 37 forth in IC 10-17-12-7.5(2); or |
---|
1322 | | - | 38 (B) died while serving in the armed forces of the United |
---|
1323 | | - | 39 States; or |
---|
1324 | | - | 40 (2) the decedent must have been the spouse or surviving |
---|
1325 | | - | 41 spouse of a person described in subdivision (1)(A) or (1)(B) |
---|
1326 | | - | 42 and must have been an Indiana resident at the time of death. |
---|
1327 | | - | EH 1235—LS 7083/DI 116 31 |
---|
1328 | | - | 1 (b) An interested person must file a claim for an allowance |
---|
1329 | | - | 2 under this chapter with the board of commissioners in the county |
---|
1330 | | - | 3 of residence of the decedent described in subsection (a). The claim |
---|
1331 | | - | 4 must include: |
---|
1332 | | - | 5 (i) (1) the fact of the service, death, and discharge if discharged |
---|
1333 | | - | 6 from service before death; and |
---|
1334 | | - | 7 (ii) (2) that the body has been buried in a decent and respectable |
---|
1335 | | - | 8 manner in a cemetery or burial ground or that the body has been |
---|
1336 | | - | 9 cremated and the cremains have not been interred. |
---|
1337 | | - | 10 (c) The board of commissioners shall hear and determine the claim |
---|
1338 | | - | 11 like other claims and, if the facts averred are found to be true, shall |
---|
1339 | | - | 12 allow the claim in an amount set by ordinance. However, the amount |
---|
1340 | | - | 13 of the allowance may not be more than one thousand dollars ($1,000). |
---|
1341 | | - | 14 SECTION 33. IC 10-17-10-4 IS AMENDED TO READ AS |
---|
1342 | | - | 15 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. Before a person |
---|
1343 | | - | 16 enters into a contract to set a grave marker provided by the federal |
---|
1344 | | - | 17 government for the grave of a person described in section 1(1) 1(a) of |
---|
1345 | | - | 18 this chapter with a person who receives the grave marker from the |
---|
1346 | | - | 19 federal government or the person's representative, the person who will |
---|
1347 | | - | 20 set the grave marker must disclose the following information to the |
---|
1348 | | - | 21 person who receives the grave marker or the person's representative: |
---|
1349 | | - | 22 (1) The price of the least expensive installation procedure that the |
---|
1350 | | - | 23 person who will set the grave marker will charge and a |
---|
1351 | | - | 24 description of the goods and services included in the procedure. |
---|
1352 | | - | 25 (2) The prices of any other installation procedures or options that |
---|
1353 | | - | 26 may be performed or provided by the person who will set the |
---|
1354 | | - | 27 grave marker and a description of the goods and services included |
---|
1355 | | - | 28 in the procedures or options. |
---|
1356 | | - | 29 SECTION 34. IC 10-17-11-10, AS AMENDED BY P.L.61-2023, |
---|
1357 | | - | 30 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1358 | | - | 31 JULY 1, 2025]: Sec. 10. (a) A veteran who is eligible to be buried in |
---|
1359 | | - | 32 a national cemetery according to 38 U.S.C. 2402 is eligible to be buried |
---|
1360 | | - | 33 in the Indiana state veterans' cemetery established under by this |
---|
1361 | | - | 34 chapter. |
---|
1362 | | - | 35 (b) The spouse of a veteran who is eligible to be buried in a national |
---|
1363 | | - | 36 cemetery according to 38 U.S.C. 2402 is eligible to be buried in the |
---|
1364 | | - | 37 Indiana state veterans' cemetery established under by this chapter. |
---|
1365 | | - | 38 (c) An individual who is a member of: |
---|
1366 | | - | 39 (1) a reserve component of the armed forces of the United States: |
---|
1367 | | - | 40 (A) who was discharged or released from service under |
---|
1368 | | - | 41 conditions other than dishonorable; or |
---|
1369 | | - | 42 (B) whose death occurs under conditions other than |
---|
1370 | | - | EH 1235—LS 7083/DI 116 32 |
---|
1371 | | - | 1 dishonorable while a member of a reserve component of the |
---|
1372 | | - | 2 armed forces of the United States; |
---|
1373 | | - | 3 (2) the Indiana Army National Guard or the Indiana Air National |
---|
1374 | | - | 4 Guard: |
---|
1375 | | - | 5 (A) who was discharged or released from service under |
---|
1376 | | - | 6 conditions other than dishonorable; or |
---|
1377 | | - | 7 (B) whose death occurs under conditions other than |
---|
1378 | | - | 8 dishonorable while a member of the Indiana Army National |
---|
1379 | | - | 9 Guard or the Indiana Air National Guard; or |
---|
1380 | | - | 10 (3) the Reserve Officers' Training Corps of the United States |
---|
1381 | | - | 11 Army, United States Navy, or United States Air Force whose |
---|
1382 | | - | 12 death occurs under conditions other than dishonorable while a |
---|
1383 | | - | 13 member of the Reserve Officers' Training Corps of the United |
---|
1384 | | - | 14 States Army, United States Navy, or United States Air Force; |
---|
1385 | | - | 15 is eligible to be buried in the Indiana state veterans' cemetery |
---|
1386 | | - | 16 established by this chapter. |
---|
1387 | | - | 17 (d) The following relatives of an individual described in subsection |
---|
1388 | | - | 18 (c) are eligible to be buried in the Indiana state veterans' cemetery |
---|
1389 | | - | 19 established by this chapter: |
---|
1390 | | - | 20 (1) A spouse. |
---|
1391 | | - | 21 (2) A minor child. |
---|
1392 | | - | 22 (3) An unmarried adult child. |
---|
1393 | | - | 23 SECTION 35. IC 10-17-12-2, AS AMENDED BY P.L.50-2009, |
---|
1394 | | - | 24 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1395 | | - | 25 JULY 1, 2025]: Sec. 2. As used in this chapter, "armed forces" includes |
---|
1396 | | - | 26 the active or reserve components of the following: |
---|
1397 | | - | 27 (1) The United States Army. |
---|
1398 | | - | 28 (2) The United States Navy. |
---|
1399 | | - | 29 (3) The United States Marine Corps. |
---|
1400 | | - | 30 (4) The United States Air Force. |
---|
1401 | | - | 31 (5) The United States Space Force. |
---|
1402 | | - | 32 (5) (6) The United States Coast Guard. |
---|
1403 | | - | 33 SECTION 36. IC 10-17-12-7.5, AS AMENDED BY P.L.53-2021, |
---|
1404 | | - | 34 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1405 | | - | 35 JULY 1, 2025]: Sec. 7.5. (a) As used in this chapter, "qualified service |
---|
1406 | | - | 36 member" means, before the commission's issuance of the disallowable |
---|
1407 | | - | 37 separation codes list for each branch of the armed forces described in |
---|
1408 | | - | 38 section 10.5 of this chapter, an individual who is an Indiana resident |
---|
1409 | | - | 39 and who: |
---|
1410 | | - | 40 (1) is: |
---|
1411 | | - | 41 (A) a member of the armed forces of the United States or the |
---|
1412 | | - | 42 national guard (as defined in IC 5-9-4-4); and |
---|
1413 | | - | EH 1235—LS 7083/DI 116 33 |
---|
1414 | | - | 1 (B) serving on or has served on active duty during a time of |
---|
1415 | | - | 2 national conflict or war; or |
---|
1416 | | - | 3 (2) has: |
---|
1417 | | - | 4 (A) served on active duty during a time of national conflict or |
---|
1418 | | - | 5 war in: |
---|
1419 | | - | 6 (i) the armed forces of the United States; or |
---|
1420 | | - | 7 (ii) the national guard (as defined in IC 5-9-4-4); and |
---|
1421 | | - | 8 (B) been discharged from the armed forces of the United |
---|
1422 | | - | 9 States or the national guard under honorable conditions. |
---|
1423 | | - | 10 (b) As used in this chapter, "qualified service member" means after |
---|
1424 | | - | 11 the commission's issuance of the disallowable separation codes list for |
---|
1425 | | - | 12 each branch of the armed forces described in section 10.5 of this |
---|
1426 | | - | 13 chapter, an individual who is an Indiana resident and who: |
---|
1427 | | - | 14 (1) is serving on active duty in: |
---|
1428 | | - | 15 (A) the armed forces of the United States; or |
---|
1429 | | - | 16 (B) the national guard (as defined in IC 5-9-4-4); or |
---|
1430 | | - | 17 (2) has served in or been discharged from the armed forces of the |
---|
1431 | | - | 18 United States or the national guard under conditions other than |
---|
1432 | | - | 19 the following: |
---|
1433 | | - | 20 (A) Discharge by court martial. |
---|
1434 | | - | 21 (B) Acceptance of a discharge to avoid a court martial. |
---|
1435 | | - | 22 (C) Discharge for having committed any of the following: |
---|
1436 | | - | 23 (i) An offense against the security of the United States, |
---|
1437 | | - | 24 including spying, mutiny, or treason. |
---|
1438 | | - | 25 (ii) An act of willful or persistent misconduct, including |
---|
1439 | | - | 26 desertion. |
---|
1440 | | - | 27 (iii) A sexual or violent offense against another person, |
---|
1441 | | - | 28 including molestation, rape, or assault. |
---|
1442 | | - | 29 (iv) An act described on the list of disallowable separation |
---|
1443 | | - | 30 codes adopted under section 10.5 of this chapter. |
---|
1444 | | - | 31 SECTION 37. IC 10-17-13.5-1.5 IS ADDED TO THE INDIANA |
---|
1445 | | - | 32 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
1446 | | - | 33 [EFFECTIVE JULY 1, 2025]: Sec. 1.5. As used in this chapter, |
---|
1447 | | - | 34 "eligible person" means an individual residing in Indiana who is: |
---|
1448 | | - | 35 (1) a dependent of a veteran; |
---|
1449 | | - | 36 (2) a primary caregiver of a veteran; or |
---|
1450 | | - | 37 (3) an individual who is a member of the armed forces of the |
---|
1451 | | - | 38 United States or national guard. |
---|
1452 | | - | 39 SECTION 38. IC 10-17-13.5-1.7 IS ADDED TO THE INDIANA |
---|
1453 | | - | 40 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
1454 | | - | 41 [EFFECTIVE JULY 1, 2025]: Sec. 1.7. As used in this chapter, |
---|
1455 | | - | 42 "primary caregiver" means an individual who: |
---|
1456 | | - | EH 1235—LS 7083/DI 116 34 |
---|
1457 | | - | 1 (1) is at least eighteen (18) years of age; |
---|
1458 | | - | 2 (2) is: |
---|
1459 | | - | 3 (A) the veteran's: |
---|
1460 | | - | 4 (i) spouse; |
---|
1461 | | - | 5 (ii) parent or stepparent; |
---|
1462 | | - | 6 (iii) son, daughter, stepson, or stepdaughter; |
---|
1463 | | - | 7 (iv) brother, sister, stepbrother, or stepsister; |
---|
1464 | | - | 8 (v) niece or nephew; |
---|
1465 | | - | 9 (vi) aunt or uncle; |
---|
1466 | | - | 10 (vii) daughter-in-law or son-in-law; or |
---|
1467 | | - | 11 (viii) grandparent; or |
---|
1468 | | - | 12 (B) currently residing with the veteran on a full-time basis; |
---|
1469 | | - | 13 and |
---|
1470 | | - | 14 (3) provides care for the veteran, including: |
---|
1471 | | - | 15 (A) personal care services; |
---|
1472 | | - | 16 (B) essential household services; or |
---|
1473 | | - | 17 (C) everyday basic care. |
---|
1474 | | - | 18 SECTION 39. IC 10-17-13.5-3, AS ADDED BY P.L.217-2017, |
---|
1475 | | - | 19 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1476 | | - | 20 JULY 1, 2025]: Sec. 3. As used in this chapter, "veteran" means an |
---|
1477 | | - | 21 individual residing in Indiana who: |
---|
1478 | | - | 22 (1) has served in any branch of the armed forces of the United |
---|
1479 | | - | 23 States or their reserves, in the national guard, or in the Indiana |
---|
1480 | | - | 24 National Guard; and |
---|
1481 | | - | 25 (2) has received a discharge from service under honorable |
---|
1482 | | - | 26 conditions. received a discharge from military service under |
---|
1483 | | - | 27 conditions other than conditions set forth in |
---|
1484 | | - | 28 IC 10-17-12-7.5(2). |
---|
1485 | | - | 29 SECTION 40. IC 10-17-13.5-4, AS AMENDED BY P.L.61-2023, |
---|
1486 | | - | 30 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1487 | | - | 31 JULY 1, 2025]: Sec. 4. (a) The department may make grants to |
---|
1488 | | - | 32 qualified entities to be used for the purpose of providing services to |
---|
1489 | | - | 33 veterans or an eligible person, including the following: |
---|
1490 | | - | 34 (1) Programs focused on eliminating homelessness, preventing |
---|
1491 | | - | 35 near term homelessness, and providing safe and secure living |
---|
1492 | | - | 36 conditions. |
---|
1493 | | - | 37 (2) Assisting veterans or an eligible person in moving from |
---|
1494 | | - | 38 public housing assistance programs to: |
---|
1495 | | - | 39 (A) home ownership; or |
---|
1496 | | - | 40 (B) stable, long term rental status. |
---|
1497 | | - | 41 A grant under this chapter for the purpose specified in clause (B) |
---|
1498 | | - | 42 may include up to nine (9) months of rental assistance. |
---|
1499 | | - | EH 1235—LS 7083/DI 116 35 |
---|
1500 | | - | 1 (3) Assisting veterans or an eligible person in finding and using |
---|
1501 | | - | 2 available federal and state resources. |
---|
1502 | | - | 3 (4) Providing therapeutic services. |
---|
1503 | | - | 4 (5) Providing job training and job search assistance. |
---|
1504 | | - | 5 (6) Preventing veteran suicide or suicide of an eligible person. |
---|
1505 | | - | 6 (b) The department may make grants to the provider chosen by the |
---|
1506 | | - | 7 Indiana department of health under section 6 of this chapter to be used |
---|
1507 | | - | 8 for the purpose of providing assistance to the provider to provide |
---|
1508 | | - | 9 diagnostic testing and hyperbaric oxygen treatment to veterans |
---|
1509 | | - | 10 receiving treatment under the pilot program established under section |
---|
1510 | | - | 11 6 of this chapter. However, a grant under this chapter may not be |
---|
1511 | | - | 12 awarded for the purposes specified in this subsection unless the Indiana |
---|
1512 | | - | 13 department of health has adopted the rules required by section 6(g) of |
---|
1513 | | - | 14 this chapter. In addition, a grant may not be awarded for the purposes |
---|
1514 | | - | 15 specified in this subsection after the expiration of the pilot program |
---|
1515 | | - | 16 established under section 6 of this chapter. |
---|
1516 | | - | 17 SECTION 41. IC 10-18-9-1, AS ADDED BY P.L.38-2008, |
---|
1517 | | - | 18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1518 | | - | 19 JULY 1, 2025]: Sec. 1. As used in this chapter, "armed forces of the |
---|
1519 | | - | 20 United States" means the: |
---|
1520 | | - | 21 (1) the United States Army; |
---|
1521 | | - | 22 (2) the United States Navy; |
---|
1522 | | - | 23 (3) the United States Air Force; |
---|
1523 | | - | 24 (4) United States Space Force; |
---|
1524 | | - | 25 (4) (5) the United States Coast Guard; and |
---|
1525 | | - | 26 (5) (6) the United States Marine Corps. |
---|
1526 | | - | 27 SECTION 42. IC 16-31-3-10, AS AMENDED BY P.L.139-2023, |
---|
1527 | | - | 28 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1528 | | - | 29 JULY 1, 2025]: Sec. 10. (a) Except as provided in subsection (b), to |
---|
1529 | | - | 30 renew a certificate or license issued under this chapter upon expiration |
---|
1530 | | - | 31 of the certificate or license for any reason, a person must comply with |
---|
1531 | | - | 32 any continuing education requirements that have been established by |
---|
1532 | | - | 33 the commission and complete training meeting standards set forth in |
---|
1533 | | - | 34 section 2(1)(E) of this chapter. To renew a certificate or license issued |
---|
1534 | | - | 35 under this chapter after a revocation of the certificate or license, a |
---|
1535 | | - | 36 person must comply with all the requirements of this chapter that apply |
---|
1536 | | - | 37 to the original certification or licensure. |
---|
1537 | | - | 38 (b) A renewal of an emergency medical technician or advanced |
---|
1538 | | - | 39 emergency medical technician certificate or a paramedic license shall |
---|
1539 | | - | 40 be issued to an individual who meets the following conditions: |
---|
1540 | | - | 41 (1) While holding a valid certificate or license, enters the armed |
---|
1541 | | - | 42 forces of the United States, including the: |
---|
1542 | | - | EH 1235—LS 7083/DI 116 36 |
---|
1543 | | - | 1 (A) the United States Army; |
---|
1544 | | - | 2 (B) the United States Navy; |
---|
1545 | | - | 3 (C) the United States Air Force; |
---|
1546 | | - | 4 (D) the United States Marines; or |
---|
1547 | | - | 5 (E) the United States Coast Guard; or |
---|
1548 | | - | 6 (F) United States Space Force; |
---|
1549 | | - | 7 but excluding the guard and reserve components of those forces. |
---|
1550 | | - | 8 (2) Is discharged from the armed forces of the United States |
---|
1551 | | - | 9 within forty-eight (48) months after the individual entered the |
---|
1552 | | - | 10 armed forces. |
---|
1553 | | - | 11 (3) Successfully completes, not more than nine (9) months after |
---|
1554 | | - | 12 the individual's discharge from the armed forces of the United |
---|
1555 | | - | 13 States, a refresher course approved by the commission. |
---|
1556 | | - | 14 (4) Applies for the certificate or license renewal not more than |
---|
1557 | | - | 15 one (1) year after the individual's discharge from the armed forces |
---|
1558 | | - | 16 of the United States. |
---|
1559 | | - | 17 (5) Passes the written and practical skills examinations. |
---|
1560 | | - | 18 (c) A renewal of an emergency medical technician or advanced |
---|
1561 | | - | 19 emergency medical technician certificate or a paramedic license must |
---|
1562 | | - | 20 be issued to an individual who meets the following conditions: |
---|
1563 | | - | 21 (1) While holding a valid certificate or license, the individual is |
---|
1564 | | - | 22 called to active military duty as a member of the Indiana National |
---|
1565 | | - | 23 Guard or a reserve component of the armed forces of the United |
---|
1566 | | - | 24 States, including the: |
---|
1567 | | - | 25 (A) the United States Army; |
---|
1568 | | - | 26 (B) the United States Navy; |
---|
1569 | | - | 27 (C) the United States Air Force; |
---|
1570 | | - | 28 (D) the United States Marines; or |
---|
1571 | | - | 29 (E) the United States Coast Guard. |
---|
1572 | | - | 30 (2) The individual provides the emergency medical services |
---|
1573 | | - | 31 commission with a copy of the document from the armed forces |
---|
1574 | | - | 32 that called the individual to active duty. |
---|
1575 | | - | 33 (3) The individual applies for the certificate or license renewal |
---|
1576 | | - | 34 not more than one hundred twenty (120) days after the individual |
---|
1577 | | - | 35 leaves active duty. |
---|
1578 | | - | 36 SECTION 43. IC 16-33-4-1 IS AMENDED TO READ AS |
---|
1579 | | - | 37 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this |
---|
1580 | | - | 38 chapter, "armed forces of the United States" means the forces and |
---|
1581 | | - | 39 components of the: |
---|
1582 | | - | 40 (1) United States Army; |
---|
1583 | | - | 41 (2) United States Navy; |
---|
1584 | | - | 42 (3) United States Air Force; |
---|
1585 | | - | EH 1235—LS 7083/DI 116 37 |
---|
1586 | | - | 1 (4) United States Marine Corps; |
---|
1587 | | - | 2 (5) United States Space Force; and |
---|
1588 | | - | 3 (6) United States Coast Guard. |
---|
1589 | | - | 4 SECTION 44. IC 16-33-4-7 IS AMENDED TO READ AS |
---|
1590 | | - | 5 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) Except as |
---|
1591 | | - | 6 provided in subsection (b), the superintendent of the home shall be |
---|
1592 | | - | 7 appointed in the manner prescribed by law and must meet all of the |
---|
1593 | | - | 8 following conditions: |
---|
1594 | | - | 9 (1) Be a teacher licensed by the state or have at least a |
---|
1595 | | - | 10 baccalaureate degree from an accredited college or university in |
---|
1596 | | - | 11 a field related to education or child growth and development. |
---|
1597 | | - | 12 (2) Have experience working with children. |
---|
1598 | | - | 13 (3) At the time of appointment, be a resident and citizen of |
---|
1599 | | - | 14 Indiana. |
---|
1600 | | - | 15 (4) Have other qualifications as required by the state health |
---|
1601 | | - | 16 commissioner. |
---|
1602 | | - | 17 (b) When at least two (2) candidates meet the conditions listed in |
---|
1603 | | - | 18 subsection (a), the state health commissioner shall give preference to |
---|
1604 | | - | 19 individuals who have been honorably discharged after service in from |
---|
1605 | | - | 20 the armed forces of the United States under conditions other than |
---|
1606 | | - | 21 conditions set forth in IC 10-17-12-7.5(2) in appointing a candidate |
---|
1607 | | - | 22 to the position of superintendent of the home. |
---|
1608 | | - | 23 SECTION 45. IC 20-20-7-3, AS AMENDED BY P.L.144-2007, |
---|
1609 | | - | 24 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1610 | | - | 25 JULY 1, 2025]: Sec. 3. As used in this chapter, "eligible veteran" refers |
---|
1611 | | - | 26 to an individual who has the following qualifications: |
---|
1612 | | - | 27 (1) Served as a member of the armed forces of the United States |
---|
1613 | | - | 28 at any time during at least one (1) of the following periods: |
---|
1614 | | - | 29 (A) Beginning April 6, 1917, and ending November 11, 1918 |
---|
1615 | | - | 30 (World War I). |
---|
1616 | | - | 31 (B) Beginning December 7, 1941, and ending December 31, |
---|
1617 | | - | 32 1946 (World War II). |
---|
1618 | | - | 33 (C) Beginning June 27, 1950, and ending January 31, 1955 |
---|
1619 | | - | 34 (Korean Conflict). |
---|
1620 | | - | 35 (D) Beginning August 5, 1964, and ending May 7, 1975 |
---|
1621 | | - | 36 (Vietnam Conflict). |
---|
1622 | | - | 37 (2) Before the military service described in subdivision (1): |
---|
1623 | | - | 38 (A) attended a public or nonpublic high school in Indiana; and |
---|
1624 | | - | 39 (B) was a student in good standing at the high school |
---|
1625 | | - | 40 described in clause (A), to the satisfaction of the department |
---|
1626 | | - | 41 of veterans' affairs. |
---|
1627 | | - | 42 (3) Did not graduate or receive a diploma because of leaving the |
---|
1628 | | - | EH 1235—LS 7083/DI 116 38 |
---|
1629 | | - | 1 high school described in subdivision (2) for the military service |
---|
1630 | | - | 2 described in subdivision (1). |
---|
1631 | | - | 3 (4) Was honorably discharged from the armed forces of the |
---|
1632 | | - | 4 United States under conditions other than conditions set forth |
---|
1633 | | - | 5 in IC 10-17-12-7.5(2). |
---|
1634 | | - | 6 SECTION 46. IC 20-20-7-7, AS ADDED BY P.L.1-2005, |
---|
1635 | | - | 7 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1636 | | - | 8 JULY 1, 2025]: Sec. 7. (a) The department and the department of |
---|
1637 | | - | 9 veterans' affairs shall jointly design a form for the application for |
---|
1638 | | - | 10 issuance of a diploma under the program. |
---|
1639 | | - | 11 (b) The application form must require at least the following |
---|
1640 | | - | 12 information about an eligible veteran: |
---|
1641 | | - | 13 (1) Personal identification information. |
---|
1642 | | - | 14 (2) Military service information, including a copy of the eligible |
---|
1643 | | - | 15 veteran's honorable discharge from military service under |
---|
1644 | | - | 16 conditions other than conditions set forth in |
---|
1645 | | - | 17 IC 10-17-12-7.5(2). |
---|
1646 | | - | 18 (3) High school information, including the following: |
---|
1647 | | - | 19 (A) Name and address, including county, of the last high |
---|
1648 | | - | 20 school attended. |
---|
1649 | | - | 21 (B) Whether the high school was a public or nonpublic school. |
---|
1650 | | - | 22 (C) Years attended. |
---|
1651 | | - | 23 (D) Year of leaving high school to begin military service. |
---|
1652 | | - | 24 (E) Year in which the veteran would have graduated if the |
---|
1653 | | - | 25 veteran had not left high school to begin military service. |
---|
1654 | | - | 26 (4) If the high school attended was a public school, whether the |
---|
1655 | | - | 27 veteran prefers receiving a diploma issued by: |
---|
1656 | | - | 28 (A) the state board; or |
---|
1657 | | - | 29 (B) the governing body of the school corporation governing |
---|
1658 | | - | 30 the high school. |
---|
1659 | | - | 31 SECTION 47. IC 20-38-3-2, AS ADDED BY P.L.21-2009, |
---|
1660 | | - | 32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1661 | | - | 33 JULY 1, 2025]: Sec. 2. ARTICLE II. DEFINITIONS |
---|
1662 | | - | 34 As used in this compact, unless the context clearly requires a |
---|
1663 | | - | 35 different construction: |
---|
1664 | | - | 36 A. "Active duty" means full-time duty status in the armed forces |
---|
1665 | | - | 37 of the United States or the National Guard and Reserve on active |
---|
1666 | | - | 38 duty orders under 10 U.S.C. 1209 and 10 U.S.C. 1211. |
---|
1667 | | - | 39 B. "Children of military families" means school aged children |
---|
1668 | | - | 40 who are enrolled in kindergarten through grade 12 and are |
---|
1669 | | - | 41 members of the household of an active duty member. |
---|
1670 | | - | 42 C. "Compact commissioner" means the voting representative of |
---|
1671 | | - | EH 1235—LS 7083/DI 116 39 |
---|
1672 | | - | 1 each member state appointed under section 9 of this chapter. |
---|
1673 | | - | 2 D. "Deployment" means the period beginning one (1) month |
---|
1674 | | - | 3 before a service member departs from the member's home station |
---|
1675 | | - | 4 on military orders and ending six (6) months after the service |
---|
1676 | | - | 5 member returns to the member's home station. |
---|
1677 | | - | 6 E. "Educational records" means the official records, files, and data |
---|
1678 | | - | 7 that are directly related to a student and maintained by a school or |
---|
1679 | | - | 8 local education agency. The term includes general identifying |
---|
1680 | | - | 9 data, records of attendance and academic work completed, |
---|
1681 | | - | 10 records of achievement and results of evaluative tests, health data, |
---|
1682 | | - | 11 disciplinary status, test protocols, and individualized education |
---|
1683 | | - | 12 programs. |
---|
1684 | | - | 13 F. "Extracurricular activities" means voluntary activities |
---|
1685 | | - | 14 sponsored by a school, a local education agency, or an |
---|
1686 | | - | 15 organization approved by a local education agency. The term |
---|
1687 | | - | 16 includes preparation for and involvement in public performances, |
---|
1688 | | - | 17 contests, athletic competitions, demonstrations, displays, and club |
---|
1689 | | - | 18 activities. |
---|
1690 | | - | 19 G. "Interstate commission" refers to the interstate commission on |
---|
1691 | | - | 20 Educational Opportunity for Military Children created by Article |
---|
1692 | | - | 21 IX of this compact. |
---|
1693 | | - | 22 H. "Local education agency" means a public administrative |
---|
1694 | | - | 23 agency authorized by the state to control and direct kindergarten |
---|
1695 | | - | 24 through grade 12 public educational institutions. |
---|
1696 | | - | 25 I. "Member state" means a state that has enacted this compact. |
---|
1697 | | - | 26 J. "Military installation" means a base, a camp, a post, a station, |
---|
1698 | | - | 27 a yard, a center, a homeport facility for a ship, or any other |
---|
1699 | | - | 28 activity under the jurisdiction of the United States Department of |
---|
1700 | | - | 29 Defense. The term includes a leased facility located within the |
---|
1701 | | - | 30 United States, the District of Columbia, the Commonwealth of |
---|
1702 | | - | 31 Puerto Rico, the United States Virgin Islands, Guam, American |
---|
1703 | | - | 32 Samoa, the Northern Marianas Mariana Islands, or any other |
---|
1704 | | - | 33 United States territory. The term does not include a facility used |
---|
1705 | | - | 34 primarily for civil works, rivers and harbors projects, or flood |
---|
1706 | | - | 35 control projects. |
---|
1707 | | - | 36 K. "Nonmember state" means a state that has not enacted this |
---|
1708 | | - | 37 compact. |
---|
1709 | | - | 38 L. "Receiving state" means the state to which a child of a military |
---|
1710 | | - | 39 family is sent, brought, or caused to be sent or brought. |
---|
1711 | | - | 40 M. "Rule" means a written statement by the interstate commission |
---|
1712 | | - | 41 adopted under Article XII of this compact that is of general |
---|
1713 | | - | 42 applicability, that implements, interprets, or prescribes a policy of |
---|
1714 | | - | EH 1235—LS 7083/DI 116 40 |
---|
1715 | | - | 1 provision of the interstate compact, and that has the force and |
---|
1716 | | - | 2 effect of statutory law on a member state. The term includes the |
---|
1717 | | - | 3 amendment, repeal, or suspension of an existing rule. |
---|
1718 | | - | 4 N. "Sending state" means the state from which a child of a |
---|
1719 | | - | 5 military family is sent, brought, or caused to be sent or brought. |
---|
1720 | | - | 6 O. "State" means a state of the United States, the District of |
---|
1721 | | - | 7 Columbia, the Commonwealth of Puerto Rico, the United States |
---|
1722 | | - | 8 Virgin Islands, Guam, American Samoa, the Northern Marianas |
---|
1723 | | - | 9 Mariana Islands, or any other United States territory. |
---|
1724 | | - | 10 P. "Student" means a child of a military family for whom a local |
---|
1725 | | - | 11 education agency receives public funding and who is formally |
---|
1726 | | - | 12 enrolled in kindergarten through grade 12. |
---|
1727 | | - | 13 Q. "Transition" means the formal and physical process of |
---|
1728 | | - | 14 transferring a student between schools or the period during which |
---|
1729 | | - | 15 a student transfers from a school in the sending state to a school |
---|
1730 | | - | 16 in the receiving states. |
---|
1731 | | - | 17 R. "Uniformed services" means the United States Army, United |
---|
1732 | | - | 18 States Navy, United States Air Force, United States Marine |
---|
1733 | | - | 19 Corps, United States Space Force, or United States Coast |
---|
1734 | | - | 20 Guard. The term includes the commission corp of the National |
---|
1735 | | - | 21 Oceanic and Atmospheric Administration and the Public Health |
---|
1736 | | - | 22 Services. |
---|
1737 | | - | 23 S. "Veteran" means an individual who served in and was |
---|
1738 | | - | 24 discharged or released from the uniformed services under |
---|
1739 | | - | 25 conditions other than dishonorable. |
---|
1740 | | - | 26 SECTION 48. IC 21-14-1-2.7, AS ADDED BY P.L.144-2007, |
---|
| 1283 | + | 9 (6) The United States Coast Guard. |
---|
| 1284 | + | 10 SECTION 31. IC 10-17-10-1 IS AMENDED TO READ AS |
---|
| 1285 | + | 11 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. If: |
---|
| 1286 | + | 12 (1) a person: |
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| 1287 | + | 13 (A) has served as a member of the armed forces of the United |
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| 1288 | + | 14 States as a soldier, sailor, or marine in the army, air force, or |
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| 1289 | + | 15 navy of the United States or as a member of the women's |
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| 1290 | + | 16 components of the army, air force, or navy of the United |
---|
| 1291 | + | 17 States, is a resident of Indiana, and dies while a member of the |
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| 1292 | + | 18 armed forces and before discharge from the armed forces or |
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| 1293 | + | 19 after receiving an honorable discharge from the armed forces; |
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| 1294 | + | 20 or |
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| 1295 | + | 21 (B) is the spouse or surviving spouse of a person described in |
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| 1296 | + | 22 clause (A) and is a resident of Indiana; and |
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| 1297 | + | 23 (2) a claim is filed for a burial allowance: |
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| 1298 | + | 24 (A) by an interested person with the board of commissioners |
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| 1299 | + | 25 of the county of the residence of the deceased person; and |
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| 1300 | + | 26 (B) stating the fact: |
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| 1301 | + | 27 (a) In order for an interested person to qualify for an allowance |
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| 1302 | + | 28 under this chapter: |
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| 1303 | + | 29 (1) the decedent must have been an Indiana resident at the |
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| 1304 | + | 30 time of the decedent's death and must have: |
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| 1305 | + | 31 (A) received a discharge from the armed forces of the |
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| 1306 | + | 32 United States with a separation code that is not determined |
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| 1307 | + | 33 to be disallowable under IC 10-17-12-10.5; or |
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| 1308 | + | 34 (B) died while serving the armed forces of the United |
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| 1309 | + | 35 States; or |
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| 1310 | + | 36 (2) the interested person must be the spouse or surviving |
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| 1311 | + | 37 spouse of a person described in subdivision (1)(A) or (1)(B). |
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| 1312 | + | 38 (b) An interested person must file a claim for an allowance |
---|
| 1313 | + | 39 under this chapter with the board of commissioners in the county |
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| 1314 | + | 40 of residence of the decedent described in subsection (a). The claim |
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| 1315 | + | 41 must include: |
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| 1316 | + | 42 (i) (1) the fact of the service, death, and discharge if discharged |
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| 1317 | + | HB 1235—LS 7083/DI 116 31 |
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| 1318 | + | 1 from service before death; and |
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| 1319 | + | 2 (ii) (2) that the body has been buried in a decent and respectable |
---|
| 1320 | + | 3 manner in a cemetery or burial ground or that the body has been |
---|
| 1321 | + | 4 cremated and the cremains have not been interred. |
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| 1322 | + | 5 (c) The board of commissioners shall hear and determine the claim |
---|
| 1323 | + | 6 like other claims and, if the facts averred are found to be true, shall |
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| 1324 | + | 7 allow the claim in an amount set by ordinance. However, the amount |
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| 1325 | + | 8 of the allowance may not be more than one thousand dollars ($1,000). |
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| 1326 | + | 9 SECTION 32. IC 10-17-10-4 IS AMENDED TO READ AS |
---|
| 1327 | + | 10 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. Before a person |
---|
| 1328 | + | 11 enters into a contract to set a grave marker provided by the federal |
---|
| 1329 | + | 12 government for the grave of a person described in section 1(1) 1(a) of |
---|
| 1330 | + | 13 this chapter with a person who receives the grave marker from the |
---|
| 1331 | + | 14 federal government or the person's representative, the person who will |
---|
| 1332 | + | 15 set the grave marker must disclose the following information to the |
---|
| 1333 | + | 16 person who receives the grave marker or the person's representative: |
---|
| 1334 | + | 17 (1) The price of the least expensive installation procedure that the |
---|
| 1335 | + | 18 person who will set the grave marker will charge and a |
---|
| 1336 | + | 19 description of the goods and services included in the procedure. |
---|
| 1337 | + | 20 (2) The prices of any other installation procedures or options that |
---|
| 1338 | + | 21 may be performed or provided by the person who will set the |
---|
| 1339 | + | 22 grave marker and a description of the goods and services included |
---|
| 1340 | + | 23 in the procedures or options. |
---|
| 1341 | + | 24 SECTION 33. IC 10-17-11-10, AS AMENDED BY P.L.61-2023, |
---|
| 1342 | + | 25 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1343 | + | 26 JULY 1, 2025]: Sec. 10. (a) A veteran who is eligible to be buried in |
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| 1344 | + | 27 a national cemetery according to 38 U.S.C. 2402 is eligible to be buried |
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| 1345 | + | 28 in the Indiana state veterans' cemetery established under by this |
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| 1346 | + | 29 chapter. |
---|
| 1347 | + | 30 (b) The spouse of a veteran who is eligible to be buried in a national |
---|
| 1348 | + | 31 cemetery according to 38 U.S.C. 2402 is eligible to be buried in the |
---|
| 1349 | + | 32 Indiana state veterans' cemetery established under by this chapter. |
---|
| 1350 | + | 33 (c) An individual who is a member of: |
---|
| 1351 | + | 34 (1) a reserve component of the armed forces of the United States: |
---|
| 1352 | + | 35 (A) who was discharged or released from service under |
---|
| 1353 | + | 36 conditions other than dishonorable; with a separation code |
---|
| 1354 | + | 37 that is not determined to be disallowable under |
---|
| 1355 | + | 38 IC 10-17-12-10.5; or |
---|
| 1356 | + | 39 (B) whose death occurs under conditions other than |
---|
| 1357 | + | 40 dishonorable while a member of a reserve component of the |
---|
| 1358 | + | 41 armed forces of the United States; |
---|
| 1359 | + | 42 (2) the Indiana Army National Guard or the Indiana Air National |
---|
| 1360 | + | HB 1235—LS 7083/DI 116 32 |
---|
| 1361 | + | 1 Guard: |
---|
| 1362 | + | 2 (A) who was discharged or released from service under |
---|
| 1363 | + | 3 conditions other than dishonorable; with a separation code |
---|
| 1364 | + | 4 that is not determined to be disallowable under |
---|
| 1365 | + | 5 IC 10-17-12-10.5; or |
---|
| 1366 | + | 6 (B) whose death occurs under conditions other than |
---|
| 1367 | + | 7 dishonorable while a member of the Indiana Army National |
---|
| 1368 | + | 8 Guard or the Indiana Air National Guard; or |
---|
| 1369 | + | 9 (3) the Reserve Officers' Training Corps of the United States |
---|
| 1370 | + | 10 Army, United States Navy, or United States Air Force whose |
---|
| 1371 | + | 11 death occurs under conditions other than dishonorable while a |
---|
| 1372 | + | 12 member of the Reserve Officers' Training Corps of the United |
---|
| 1373 | + | 13 States Army, United States Navy, or United States Air Force; |
---|
| 1374 | + | 14 is eligible to be buried in the Indiana state veterans' cemetery |
---|
| 1375 | + | 15 established by this chapter. |
---|
| 1376 | + | 16 (d) The following relatives of an individual described in subsection |
---|
| 1377 | + | 17 (c) are eligible to be buried in the Indiana state veterans' cemetery |
---|
| 1378 | + | 18 established by this chapter: |
---|
| 1379 | + | 19 (1) A spouse. |
---|
| 1380 | + | 20 (2) A minor child. |
---|
| 1381 | + | 21 (3) An unmarried adult child. |
---|
| 1382 | + | 22 SECTION 34. IC 10-17-12-2, AS AMENDED BY P.L.50-2009, |
---|
| 1383 | + | 23 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1384 | + | 24 JULY 1, 2025]: Sec. 2. As used in this chapter, "armed forces" includes |
---|
| 1385 | + | 25 the active or reserve components of the following: |
---|
| 1386 | + | 26 (1) The United States Army. |
---|
| 1387 | + | 27 (2) The United States Navy. |
---|
| 1388 | + | 28 (3) The United States Marine Corps. |
---|
| 1389 | + | 29 (4) The United States Air Force. |
---|
| 1390 | + | 30 (5) The United States Space Force. |
---|
| 1391 | + | 31 (5) (6) The United States Coast Guard. |
---|
| 1392 | + | 32 SECTION 35. IC 10-17-12-7.5, AS AMENDED BY P.L.53-2021, |
---|
| 1393 | + | 33 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1394 | + | 34 JULY 1, 2025]: Sec. 7.5. (a) As used in this chapter, "qualified service |
---|
| 1395 | + | 35 member" means, before the commission's issuance of the disallowable |
---|
| 1396 | + | 36 separation codes list for each branch of the armed forces described in |
---|
| 1397 | + | 37 section 10.5 of this chapter, an individual who is an Indiana resident |
---|
| 1398 | + | 38 and who: |
---|
| 1399 | + | 39 (1) is: |
---|
| 1400 | + | 40 (A) a member of the armed forces of the United States or the |
---|
| 1401 | + | 41 national guard (as defined in IC 5-9-4-4); and |
---|
| 1402 | + | 42 (B) serving on or has served on active duty during a time of |
---|
| 1403 | + | HB 1235—LS 7083/DI 116 33 |
---|
| 1404 | + | 1 national conflict or war; or |
---|
| 1405 | + | 2 (2) has: |
---|
| 1406 | + | 3 (A) served on active duty during a time of national conflict or |
---|
| 1407 | + | 4 war in: |
---|
| 1408 | + | 5 (i) the armed forces of the United States; or |
---|
| 1409 | + | 6 (ii) the national guard (as defined in IC 5-9-4-4); and |
---|
| 1410 | + | 7 (B) been discharged from the armed forces of the United |
---|
| 1411 | + | 8 States or the national guard under honorable conditions. |
---|
| 1412 | + | 9 (b) As used in this chapter, "qualified service member" means after |
---|
| 1413 | + | 10 the commission's issuance of the disallowable separation codes list for |
---|
| 1414 | + | 11 each branch of the armed forces described in section 10.5 of this |
---|
| 1415 | + | 12 chapter, an individual who is an Indiana resident and who: |
---|
| 1416 | + | 13 (1) is serving on active duty in: |
---|
| 1417 | + | 14 (A) the armed forces of the United States; or |
---|
| 1418 | + | 15 (B) the national guard (as defined in IC 5-9-4-4); or |
---|
| 1419 | + | 16 (2) has served in or been discharged from the armed forces of the |
---|
| 1420 | + | 17 United States or the national guard under conditions other than |
---|
| 1421 | + | 18 the following: |
---|
| 1422 | + | 19 (A) Discharge by court martial. |
---|
| 1423 | + | 20 (B) Acceptance of a discharge to avoid a court martial. |
---|
| 1424 | + | 21 (C) Discharge for having committed any of the following: |
---|
| 1425 | + | 22 (i) An offense against the security of the United States, |
---|
| 1426 | + | 23 including spying, mutiny, or treason. |
---|
| 1427 | + | 24 (ii) An act of willful or persistent misconduct, including |
---|
| 1428 | + | 25 desertion. |
---|
| 1429 | + | 26 (iii) A sexual or violent offense against another person, |
---|
| 1430 | + | 27 including molestation, rape, or assault. |
---|
| 1431 | + | 28 (iv) An act described on the list of disallowable separation |
---|
| 1432 | + | 29 codes adopted under section 10.5 of this chapter. |
---|
| 1433 | + | 30 SECTION 36. IC 10-17-13.5-1.5 IS ADDED TO THE INDIANA |
---|
| 1434 | + | 31 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 1435 | + | 32 [EFFECTIVE JULY 1, 2025]: Sec. 1.5. As used in this chapter, |
---|
| 1436 | + | 33 "eligible person" means an individual residing in Indiana who is: |
---|
| 1437 | + | 34 (1) a dependent of a veteran; |
---|
| 1438 | + | 35 (2) a primary caregiver of a veteran; or |
---|
| 1439 | + | 36 (3) an individual who is a member of the armed forces of the |
---|
| 1440 | + | 37 United States or national guard. |
---|
| 1441 | + | 38 SECTION 37. IC 10-17-13.5-1.7 IS ADDED TO THE INDIANA |
---|
| 1442 | + | 39 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 1443 | + | 40 [EFFECTIVE JULY 1, 2025]: Sec. 1.7. As used in this chapter, |
---|
| 1444 | + | 41 "primary caregiver" means an individual who: |
---|
| 1445 | + | 42 (1) is at least eighteen (18) years of age; |
---|
| 1446 | + | HB 1235—LS 7083/DI 116 34 |
---|
| 1447 | + | 1 (2) is: |
---|
| 1448 | + | 2 (A) the veteran's: |
---|
| 1449 | + | 3 (i) spouse; |
---|
| 1450 | + | 4 (ii) parent or stepparent; |
---|
| 1451 | + | 5 (iii) son, daughter, stepson, or stepdaughter; |
---|
| 1452 | + | 6 (iv) brother, sister, stepbrother, or stepsister; |
---|
| 1453 | + | 7 (v) niece or nephew; |
---|
| 1454 | + | 8 (vi) aunt or uncle; |
---|
| 1455 | + | 9 (vii) daughter-in-law or son-in-law; or |
---|
| 1456 | + | 10 (viii) grandparent; or |
---|
| 1457 | + | 11 (B) currently residing with the veteran on a full-time basis; |
---|
| 1458 | + | 12 and |
---|
| 1459 | + | 13 (3) provides care for the veteran, including: |
---|
| 1460 | + | 14 (A) personal care services; |
---|
| 1461 | + | 15 (B) essential household services; or |
---|
| 1462 | + | 16 (C) everyday basic care. |
---|
| 1463 | + | 17 SECTION 38. IC 10-17-13.5-3, AS ADDED BY P.L.217-2017, |
---|
| 1464 | + | 18 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1465 | + | 19 JULY 1, 2025]: Sec. 3. As used in this chapter, "veteran" means an |
---|
| 1466 | + | 20 individual residing in Indiana who: |
---|
| 1467 | + | 21 (1) has served in any branch of the armed forces of the United |
---|
| 1468 | + | 22 States or their reserves, in the national guard, or in the Indiana |
---|
| 1469 | + | 23 National Guard; and |
---|
| 1470 | + | 24 (2) has received a discharge from service under honorable |
---|
| 1471 | + | 25 conditions. was discharged or released from service described |
---|
| 1472 | + | 26 in subdivision (1) with a separation code that is not |
---|
| 1473 | + | 27 determined to be disallowable under IC 10-17-12-10.5. |
---|
| 1474 | + | 28 SECTION 39. IC 10-17-13.5-4, AS AMENDED BY P.L.61-2023, |
---|
| 1475 | + | 29 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1476 | + | 30 JULY 1, 2025]: Sec. 4. (a) The department may make grants to |
---|
| 1477 | + | 31 qualified entities to be used for the purpose of providing services to |
---|
| 1478 | + | 32 veterans or an eligible person, including the following: |
---|
| 1479 | + | 33 (1) Programs focused on eliminating homelessness, preventing |
---|
| 1480 | + | 34 near term homelessness, and providing safe and secure living |
---|
| 1481 | + | 35 conditions. |
---|
| 1482 | + | 36 (2) Assisting veterans or an eligible person in moving from |
---|
| 1483 | + | 37 public housing assistance programs to: |
---|
| 1484 | + | 38 (A) home ownership; or |
---|
| 1485 | + | 39 (B) stable, long term rental status. |
---|
| 1486 | + | 40 A grant under this chapter for the purpose specified in clause (B) |
---|
| 1487 | + | 41 may include up to nine (9) months of rental assistance. |
---|
| 1488 | + | 42 (3) Assisting veterans or an eligible person in finding and using |
---|
| 1489 | + | HB 1235—LS 7083/DI 116 35 |
---|
| 1490 | + | 1 available federal and state resources. |
---|
| 1491 | + | 2 (4) Providing therapeutic services. |
---|
| 1492 | + | 3 (5) Providing job training and job search assistance. |
---|
| 1493 | + | 4 (6) Preventing veteran suicide or suicide of an eligible person. |
---|
| 1494 | + | 5 (b) The department may make grants to the provider chosen by the |
---|
| 1495 | + | 6 Indiana department of health under section 6 of this chapter to be used |
---|
| 1496 | + | 7 for the purpose of providing assistance to the provider to provide |
---|
| 1497 | + | 8 diagnostic testing and hyperbaric oxygen treatment to veterans |
---|
| 1498 | + | 9 receiving treatment under the pilot program established under section |
---|
| 1499 | + | 10 6 of this chapter. However, a grant under this chapter may not be |
---|
| 1500 | + | 11 awarded for the purposes specified in this subsection unless the Indiana |
---|
| 1501 | + | 12 department of health has adopted the rules required by section 6(g) of |
---|
| 1502 | + | 13 this chapter. In addition, a grant may not be awarded for the purposes |
---|
| 1503 | + | 14 specified in this subsection after the expiration of the pilot program |
---|
| 1504 | + | 15 established under section 6 of this chapter. |
---|
| 1505 | + | 16 SECTION 40. IC 10-18-9-1, AS ADDED BY P.L.38-2008, |
---|
| 1506 | + | 17 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1507 | + | 18 JULY 1, 2025]: Sec. 1. As used in this chapter, "armed forces of the |
---|
| 1508 | + | 19 United States" means the: |
---|
| 1509 | + | 20 (1) the United States Army; |
---|
| 1510 | + | 21 (2) the United States Navy; |
---|
| 1511 | + | 22 (3) the United States Air Force; |
---|
| 1512 | + | 23 (4) United States Space Force; |
---|
| 1513 | + | 24 (4) (5) the United States Coast Guard; and |
---|
| 1514 | + | 25 (5) (6) the United States Marine Corps. |
---|
| 1515 | + | 26 SECTION 41. IC 16-31-3-10, AS AMENDED BY P.L.139-2023, |
---|
| 1516 | + | 27 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1517 | + | 28 JULY 1, 2025]: Sec. 10. (a) Except as provided in subsection (b), to |
---|
| 1518 | + | 29 renew a certificate or license issued under this chapter upon expiration |
---|
| 1519 | + | 30 of the certificate or license for any reason, a person must comply with |
---|
| 1520 | + | 31 any continuing education requirements that have been established by |
---|
| 1521 | + | 32 the commission and complete training meeting standards set forth in |
---|
| 1522 | + | 33 section 2(1)(E) of this chapter. To renew a certificate or license issued |
---|
| 1523 | + | 34 under this chapter after a revocation of the certificate or license, a |
---|
| 1524 | + | 35 person must comply with all the requirements of this chapter that apply |
---|
| 1525 | + | 36 to the original certification or licensure. |
---|
| 1526 | + | 37 (b) A renewal of an emergency medical technician or advanced |
---|
| 1527 | + | 38 emergency medical technician certificate or a paramedic license shall |
---|
| 1528 | + | 39 be issued to an individual who meets the following conditions: |
---|
| 1529 | + | 40 (1) While holding a valid certificate or license, enters the armed |
---|
| 1530 | + | 41 forces of the United States, including the: |
---|
| 1531 | + | 42 (A) the United States Army; |
---|
| 1532 | + | HB 1235—LS 7083/DI 116 36 |
---|
| 1533 | + | 1 (B) the United States Navy; |
---|
| 1534 | + | 2 (C) the United States Air Force; |
---|
| 1535 | + | 3 (D) the United States Marines; or |
---|
| 1536 | + | 4 (E) the United States Coast Guard; or |
---|
| 1537 | + | 5 (F) United States Space Force; |
---|
| 1538 | + | 6 but excluding the guard and reserve components of those forces. |
---|
| 1539 | + | 7 (2) Is discharged from the armed forces of the United States |
---|
| 1540 | + | 8 within forty-eight (48) months after the individual entered the |
---|
| 1541 | + | 9 armed forces. |
---|
| 1542 | + | 10 (3) Successfully completes, not more than nine (9) months after |
---|
| 1543 | + | 11 the individual's discharge from the armed forces of the United |
---|
| 1544 | + | 12 States, a refresher course approved by the commission. |
---|
| 1545 | + | 13 (4) Applies for the certificate or license renewal not more than |
---|
| 1546 | + | 14 one (1) year after the individual's discharge from the armed forces |
---|
| 1547 | + | 15 of the United States. |
---|
| 1548 | + | 16 (5) Passes the written and practical skills examinations. |
---|
| 1549 | + | 17 (c) A renewal of an emergency medical technician or advanced |
---|
| 1550 | + | 18 emergency medical technician certificate or a paramedic license must |
---|
| 1551 | + | 19 be issued to an individual who meets the following conditions: |
---|
| 1552 | + | 20 (1) While holding a valid certificate or license, the individual is |
---|
| 1553 | + | 21 called to active military duty as a member of the Indiana National |
---|
| 1554 | + | 22 Guard or a reserve component of the armed forces of the United |
---|
| 1555 | + | 23 States, including the: |
---|
| 1556 | + | 24 (A) the United States Army; |
---|
| 1557 | + | 25 (B) the United States Navy; |
---|
| 1558 | + | 26 (C) the United States Air Force; |
---|
| 1559 | + | 27 (D) the United States Marines; or |
---|
| 1560 | + | 28 (E) the United States Coast Guard. |
---|
| 1561 | + | 29 (2) The individual provides the emergency medical services |
---|
| 1562 | + | 30 commission with a copy of the document from the armed forces |
---|
| 1563 | + | 31 that called the individual to active duty. |
---|
| 1564 | + | 32 (3) The individual applies for the certificate or license renewal |
---|
| 1565 | + | 33 not more than one hundred twenty (120) days after the individual |
---|
| 1566 | + | 34 leaves active duty. |
---|
| 1567 | + | 35 SECTION 42. IC 16-33-4-1 IS AMENDED TO READ AS |
---|
| 1568 | + | 36 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. As used in this |
---|
| 1569 | + | 37 chapter, "armed forces of the United States" means the forces and |
---|
| 1570 | + | 38 components of the: |
---|
| 1571 | + | 39 (1) United States Army; |
---|
| 1572 | + | 40 (2) United States Navy; |
---|
| 1573 | + | 41 (3) United States Air Force; |
---|
| 1574 | + | 42 (4) United States Marine Corps; |
---|
| 1575 | + | HB 1235—LS 7083/DI 116 37 |
---|
| 1576 | + | 1 (5) United States Space Force; and |
---|
| 1577 | + | 2 (6) United States Coast Guard. |
---|
| 1578 | + | 3 SECTION 43. IC 16-33-4-7 IS AMENDED TO READ AS |
---|
| 1579 | + | 4 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) Except as |
---|
| 1580 | + | 5 provided in subsection (b), the superintendent of the home shall be |
---|
| 1581 | + | 6 appointed in the manner prescribed by law and must meet all of the |
---|
| 1582 | + | 7 following conditions: |
---|
| 1583 | + | 8 (1) Be a teacher licensed by the state or have at least a |
---|
| 1584 | + | 9 baccalaureate degree from an accredited college or university in |
---|
| 1585 | + | 10 a field related to education or child growth and development. |
---|
| 1586 | + | 11 (2) Have experience working with children. |
---|
| 1587 | + | 12 (3) At the time of appointment, be a resident and citizen of |
---|
| 1588 | + | 13 Indiana. |
---|
| 1589 | + | 14 (4) Have other qualifications as required by the state health |
---|
| 1590 | + | 15 commissioner. |
---|
| 1591 | + | 16 (b) When at least two (2) candidates meet the conditions listed in |
---|
| 1592 | + | 17 subsection (a), the state health commissioner shall give preference to |
---|
| 1593 | + | 18 individuals who have been honorably discharged after service in the |
---|
| 1594 | + | 19 armed forces of the United States with a separation code that is not |
---|
| 1595 | + | 20 determined to be disallowable under IC 10-17-12-10.5 in appointing |
---|
| 1596 | + | 21 a candidate to the position of superintendent of the home. |
---|
| 1597 | + | 22 SECTION 44. IC 20-20-7-3, AS AMENDED BY P.L.144-2007, |
---|
| 1598 | + | 23 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1599 | + | 24 JULY 1, 2025]: Sec. 3. As used in this chapter, "eligible veteran" refers |
---|
| 1600 | + | 25 to an individual who has the following qualifications: |
---|
| 1601 | + | 26 (1) Served as a member of the armed forces of the United States |
---|
| 1602 | + | 27 at any time during at least one (1) of the following periods: |
---|
| 1603 | + | 28 (A) Beginning April 6, 1917, and ending November 11, 1918 |
---|
| 1604 | + | 29 (World War I). |
---|
| 1605 | + | 30 (B) Beginning December 7, 1941, and ending December 31, |
---|
| 1606 | + | 31 1946 (World War II). |
---|
| 1607 | + | 32 (C) Beginning June 27, 1950, and ending January 31, 1955 |
---|
| 1608 | + | 33 (Korean Conflict). |
---|
| 1609 | + | 34 (D) Beginning August 5, 1964, and ending May 7, 1975 |
---|
| 1610 | + | 35 (Vietnam Conflict). |
---|
| 1611 | + | 36 (2) Before the military service described in subdivision (1): |
---|
| 1612 | + | 37 (A) attended a public or nonpublic high school in Indiana; and |
---|
| 1613 | + | 38 (B) was a student in good standing at the high school |
---|
| 1614 | + | 39 described in clause (A), to the satisfaction of the department |
---|
| 1615 | + | 40 of veterans' affairs. |
---|
| 1616 | + | 41 (3) Did not graduate or receive a diploma because of leaving the |
---|
| 1617 | + | 42 high school described in subdivision (2) for the military service |
---|
| 1618 | + | HB 1235—LS 7083/DI 116 38 |
---|
| 1619 | + | 1 described in subdivision (1). |
---|
| 1620 | + | 2 (4) Was honorably discharged from the armed forces of the |
---|
| 1621 | + | 3 United States with a separation code that is not determined to |
---|
| 1622 | + | 4 be disallowable under IC 10-17-12-10.5. |
---|
| 1623 | + | 5 SECTION 45. IC 20-20-7-7, AS ADDED BY P.L.1-2005, |
---|
| 1624 | + | 6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1625 | + | 7 JULY 1, 2025]: Sec. 7. (a) The department and the department of |
---|
| 1626 | + | 8 veterans' affairs shall jointly design a form for the application for |
---|
| 1627 | + | 9 issuance of a diploma under the program. |
---|
| 1628 | + | 10 (b) The application form must require at least the following |
---|
| 1629 | + | 11 information about an eligible veteran: |
---|
| 1630 | + | 12 (1) Personal identification information. |
---|
| 1631 | + | 13 (2) Military service information, including a copy of the eligible |
---|
| 1632 | + | 14 veteran's honorable discharge from military service with a |
---|
| 1633 | + | 15 separation code that is not determined to be disallowable |
---|
| 1634 | + | 16 under IC 10-17-12-10.5. |
---|
| 1635 | + | 17 (3) High school information, including the following: |
---|
| 1636 | + | 18 (A) Name and address, including county, of the last high |
---|
| 1637 | + | 19 school attended. |
---|
| 1638 | + | 20 (B) Whether the high school was a public or nonpublic school. |
---|
| 1639 | + | 21 (C) Years attended. |
---|
| 1640 | + | 22 (D) Year of leaving high school to begin military service. |
---|
| 1641 | + | 23 (E) Year in which the veteran would have graduated if the |
---|
| 1642 | + | 24 veteran had not left high school to begin military service. |
---|
| 1643 | + | 25 (4) If the high school attended was a public school, whether the |
---|
| 1644 | + | 26 veteran prefers receiving a diploma issued by: |
---|
| 1645 | + | 27 (A) the state board; or |
---|
| 1646 | + | 28 (B) the governing body of the school corporation governing |
---|
| 1647 | + | 29 the high school. |
---|
| 1648 | + | 30 SECTION 46. IC 20-38-3-2, AS ADDED BY P.L.21-2009, |
---|
| 1649 | + | 31 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 1650 | + | 32 JULY 1, 2025]: Sec. 2. ARTICLE II. DEFINITIONS |
---|
| 1651 | + | 33 As used in this compact, unless the context clearly requires a |
---|
| 1652 | + | 34 different construction: |
---|
| 1653 | + | 35 A. "Active duty" means full-time duty status in the armed forces |
---|
| 1654 | + | 36 of the United States or the National Guard and Reserve on active |
---|
| 1655 | + | 37 duty orders under 10 U.S.C. 1209 and 10 U.S.C. 1211. |
---|
| 1656 | + | 38 B. "Children of military families" means school aged children |
---|
| 1657 | + | 39 who are enrolled in kindergarten through grade 12 and are |
---|
| 1658 | + | 40 members of the household of an active duty member. |
---|
| 1659 | + | 41 C. "Compact commissioner" means the voting representative of |
---|
| 1660 | + | 42 each member state appointed under section 9 of this chapter. |
---|
| 1661 | + | HB 1235—LS 7083/DI 116 39 |
---|
| 1662 | + | 1 D. "Deployment" means the period beginning one (1) month |
---|
| 1663 | + | 2 before a service member departs from the member's home station |
---|
| 1664 | + | 3 on military orders and ending six (6) months after the service |
---|
| 1665 | + | 4 member returns to the member's home station. |
---|
| 1666 | + | 5 E. "Educational records" means the official records, files, and data |
---|
| 1667 | + | 6 that are directly related to a student and maintained by a school or |
---|
| 1668 | + | 7 local education agency. The term includes general identifying |
---|
| 1669 | + | 8 data, records of attendance and academic work completed, |
---|
| 1670 | + | 9 records of achievement and results of evaluative tests, health data, |
---|
| 1671 | + | 10 disciplinary status, test protocols, and individualized education |
---|
| 1672 | + | 11 programs. |
---|
| 1673 | + | 12 F. "Extracurricular activities" means voluntary activities |
---|
| 1674 | + | 13 sponsored by a school, a local education agency, or an |
---|
| 1675 | + | 14 organization approved by a local education agency. The term |
---|
| 1676 | + | 15 includes preparation for and involvement in public performances, |
---|
| 1677 | + | 16 contests, athletic competitions, demonstrations, displays, and club |
---|
| 1678 | + | 17 activities. |
---|
| 1679 | + | 18 G. "Interstate commission" refers to the interstate commission on |
---|
| 1680 | + | 19 Educational Opportunity for Military Children created by Article |
---|
| 1681 | + | 20 IX of this compact. |
---|
| 1682 | + | 21 H. "Local education agency" means a public administrative |
---|
| 1683 | + | 22 agency authorized by the state to control and direct kindergarten |
---|
| 1684 | + | 23 through grade 12 public educational institutions. |
---|
| 1685 | + | 24 I. "Member state" means a state that has enacted this compact. |
---|
| 1686 | + | 25 J. "Military installation" means a base, a camp, a post, a station, |
---|
| 1687 | + | 26 a yard, a center, a homeport facility for a ship, or any other |
---|
| 1688 | + | 27 activity under the jurisdiction of the United States Department of |
---|
| 1689 | + | 28 Defense. The term includes a leased facility located within the |
---|
| 1690 | + | 29 United States, the District of Columbia, the Commonwealth of |
---|
| 1691 | + | 30 Puerto Rico, the United States Virgin Islands, Guam, American |
---|
| 1692 | + | 31 Samoa, the Northern Marianas Mariana Islands, or any other |
---|
| 1693 | + | 32 United States territory. The term does not include a facility used |
---|
| 1694 | + | 33 primarily for civil works, rivers and harbors projects, or flood |
---|
| 1695 | + | 34 control projects. |
---|
| 1696 | + | 35 K. "Nonmember state" means a state that has not enacted this |
---|
| 1697 | + | 36 compact. |
---|
| 1698 | + | 37 L. "Receiving state" means the state to which a child of a military |
---|
| 1699 | + | 38 family is sent, brought, or caused to be sent or brought. |
---|
| 1700 | + | 39 M. "Rule" means a written statement by the interstate commission |
---|
| 1701 | + | 40 adopted under Article XII of this compact that is of general |
---|
| 1702 | + | 41 applicability, that implements, interprets, or prescribes a policy of |
---|
| 1703 | + | 42 provision of the interstate compact, and that has the force and |
---|
| 1704 | + | HB 1235—LS 7083/DI 116 40 |
---|
| 1705 | + | 1 effect of statutory law on a member state. The term includes the |
---|
| 1706 | + | 2 amendment, repeal, or suspension of an existing rule. |
---|
| 1707 | + | 3 N. "Sending state" means the state from which a child of a |
---|
| 1708 | + | 4 military family is sent, brought, or caused to be sent or brought. |
---|
| 1709 | + | 5 O. "State" means a state of the United States, the District of |
---|
| 1710 | + | 6 Columbia, the Commonwealth of Puerto Rico, the United States |
---|
| 1711 | + | 7 Virgin Islands, Guam, American Samoa, the Northern Marianas |
---|
| 1712 | + | 8 Mariana Islands, or any other United States territory. |
---|
| 1713 | + | 9 P. "Student" means a child of a military family for whom a local |
---|
| 1714 | + | 10 education agency receives public funding and who is formally |
---|
| 1715 | + | 11 enrolled in kindergarten through grade 12. |
---|
| 1716 | + | 12 Q. "Transition" means the formal and physical process of |
---|
| 1717 | + | 13 transferring a student between schools or the period during which |
---|
| 1718 | + | 14 a student transfers from a school in the sending state to a school |
---|
| 1719 | + | 15 in the receiving states. |
---|
| 1720 | + | 16 R. "Uniformed services" means the United States Army, United |
---|
| 1721 | + | 17 States Navy, United States Air Force, United States Marine |
---|
| 1722 | + | 18 Corps, United States Space Force, or United States Coast |
---|
| 1723 | + | 19 Guard. The term includes the commission corp of the National |
---|
| 1724 | + | 20 Oceanic and Atmospheric Administration and the Public Health |
---|
| 1725 | + | 21 Services. |
---|
| 1726 | + | 22 S. "Veteran" means an individual who served in and was |
---|
| 1727 | + | 23 discharged or released from the uniformed services under |
---|
| 1728 | + | 24 conditions other than dishonorable. with a separation code that |
---|
| 1729 | + | 25 is not determined to be disallowable under IC 10-17-12-10.5. |
---|
| 1730 | + | 26 SECTION 47. IC 21-14-1-2.7, AS ADDED BY P.L.144-2007, |
---|
2083 | | - | 25 JULY 1, 2025]: Sec. 26.1. (a) As used in this section, "armed forces" |
---|
2084 | | - | 26 means the active and reserve components of the following: |
---|
2085 | | - | 27 (1) The United States Army. |
---|
2086 | | - | 28 (2) The United States Navy. |
---|
2087 | | - | 29 (3) The United States Air Force. |
---|
2088 | | - | 30 (4) The United States Marine Corps. |
---|
2089 | | - | 31 (5) The United States Space Force. |
---|
2090 | | - | 32 (5) (6) The United States Coast Guard. |
---|
2091 | | - | 33 (6) (7) The Indiana National Guard. |
---|
2092 | | - | 34 (b) As used in this section, "motor vehicle insurance" means any |
---|
2093 | | - | 35 type of insurance described in IC 27-1-5-1, Class 2(f). |
---|
2094 | | - | 36 (c) As used in this chapter, "rating plan" means the rating schedule |
---|
2095 | | - | 37 or rating plan of an insurer: |
---|
2096 | | - | 38 (1) concerning premium rates for motor vehicle insurance; |
---|
2097 | | - | 39 (2) that has been filed with the commissioner; and |
---|
2098 | | - | 40 (3) that is in effect under section 4 of this chapter. |
---|
2099 | | - | 41 (d) An insurer that issues or renews a policy of motor vehicle |
---|
2100 | | - | 42 insurance may not set the premium rate for a policy of motor vehicle |
---|
2101 | | - | EH 1235—LS 7083/DI 116 49 |
---|
2102 | | - | 1 insurance that covers an individual who is serving in one (1) of the |
---|
2103 | | - | 2 armed forces at an amount higher than the applicable rate set forth in |
---|
2104 | | - | 3 the rating plan for a policy of motor vehicle insurance that covers an |
---|
2105 | | - | 4 individual who is not serving in one (1) of the armed forces. |
---|
2106 | | - | 5 (e) A violation of this section is an unfair and deceptive act or |
---|
2107 | | - | 6 practice in the business of insurance under IC 27-4-1-4. |
---|
2108 | | - | 7 SECTION 65. IC 27-7-14-1, AS ADDED BY P.L.146-2015, |
---|
2109 | | - | 8 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
2110 | | - | 9 JULY 1, 2025]: Sec. 1. As used in this chapter, "armed forces" means |
---|
2111 | | - | 10 the active and reserve components of the following: |
---|
2112 | | - | 11 (1) The United States Army. |
---|
2113 | | - | 12 (2) The United States Navy. |
---|
2114 | | - | 13 (3) The United States Air Force. |
---|
2115 | | - | 14 (4) The United States Marine Corps. |
---|
2116 | | - | 15 (5) The United States Space Force. |
---|
2117 | | - | 16 (5) (6) The United States Coast Guard. |
---|
2118 | | - | 17 (6) (7) The Indiana National Guard. |
---|
2119 | | - | 18 SECTION 66. IC 29-3-9-1, AS AMENDED BY P.L.50-2021, |
---|
2120 | | - | 19 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
2121 | | - | 20 JULY 1, 2025]: Sec. 1. (a) As used in this section, "department" means |
---|
2122 | | - | 21 the department of child services established by IC 31-25-1-1. |
---|
2123 | | - | 22 (b) As used in this section and except as otherwise provided in this |
---|
2124 | | - | 23 section, "foster care" has the meaning set forth in IC 31-9-2-46.7. |
---|
2125 | | - | 24 (c) Except as provided in subsections (d) and (h), by a properly |
---|
2126 | | - | 25 executed power of attorney, a parent of a minor or a guardian (other |
---|
2127 | | - | 26 than a temporary guardian) of a protected person may delegate to |
---|
2128 | | - | 27 another person for: |
---|
2129 | | - | 28 (1) any period during which the care and custody of the minor or |
---|
2130 | | - | 29 protected person is entrusted to an institution furnishing care, |
---|
2131 | | - | 30 custody, education, or training; or |
---|
2132 | | - | 31 (2) a period not exceeding twelve (12) months; |
---|
2133 | | - | 32 any powers regarding health care, support, custody, or property of the |
---|
2134 | | - | 33 minor or protected person. A delegation described in this subsection is |
---|
2135 | | - | 34 effective immediately unless otherwise stated in the power of attorney. |
---|
2136 | | - | 35 (d) A parent of a minor or a guardian of a protected person may not |
---|
2137 | | - | 36 delegate under subsection (c) the power to: |
---|
2138 | | - | 37 (1) consent to the marriage or adoption of a protected person who |
---|
2139 | | - | 38 is a minor; or |
---|
2140 | | - | 39 (2) petition the court to request the authority to petition for |
---|
2141 | | - | 40 dissolution of marriage, legal separation, or annulment of |
---|
2142 | | - | 41 marriage on behalf of a protected person as provided under |
---|
2143 | | - | 42 section 12.2 of this chapter. |
---|
2144 | | - | EH 1235—LS 7083/DI 116 50 |
---|
2145 | | - | 1 (e) Subject to IC 30-5-5-16, a person having a power of attorney |
---|
2146 | | - | 2 executed under subsection (c) has and shall exercise, for the period |
---|
2147 | | - | 3 during which the power is effective, all other authority of the parent or |
---|
2148 | | - | 4 guardian respecting the health care, support, custody, or property of the |
---|
2149 | | - | 5 minor or protected person except any authority expressly excluded in |
---|
2150 | | - | 6 the written instrument delegating the power. The parent or guardian |
---|
2151 | | - | 7 remains responsible for any act or omission of the person having the |
---|
2152 | | - | 8 power of attorney with respect to the affairs, property, and person of the |
---|
2153 | | - | 9 minor or protected person as though the power of attorney had never |
---|
2154 | | - | 10 been executed. |
---|
2155 | | - | 11 (f) A delegation of powers executed under subsection (c) does not, |
---|
2156 | | - | 12 as a result of the execution of the power of attorney, subject any of the |
---|
2157 | | - | 13 parties to any laws, rules, or regulations concerning the licensing or |
---|
2158 | | - | 14 regulation of foster family homes, child placing agencies, or child |
---|
2159 | | - | 15 caring institutions under IC 31-27. |
---|
2160 | | - | 16 (g) Any child who is the subject of a power of attorney executed |
---|
2161 | | - | 17 under subsection (c) is not considered to be placed in foster care. The |
---|
2162 | | - | 18 parties to a power of attorney executed under subsection (c), including |
---|
2163 | | - | 19 a child, a protected person, a parent or guardian of a child or protected |
---|
2164 | | - | 20 person, or an attorney in fact, are not, as a result of the execution of the |
---|
2165 | | - | 21 power of attorney, subject to any foster care requirements or foster care |
---|
2166 | | - | 22 licensing regulations. |
---|
2167 | | - | 23 (h) A foster family home licensed under IC 31-27-4 may not provide |
---|
2168 | | - | 24 overnight or regular and continuous care and supervision to a child |
---|
2169 | | - | 25 who is the subject of a power of attorney executed under subsection (c) |
---|
2170 | | - | 26 while providing care to a child placed in the home by the department |
---|
2171 | | - | 27 or under a juvenile court order under a foster family home license. |
---|
2172 | | - | 28 Upon request, the department may grant an exception to this |
---|
2173 | | - | 29 subsection. |
---|
2174 | | - | 30 (i) A parent who: |
---|
2175 | | - | 31 (1) is a member in the: |
---|
2176 | | - | 32 (A) active or reserve component of the armed forces of the |
---|
2177 | | - | 33 United States, including the: |
---|
2178 | | - | 34 (i) United States Army; |
---|
2179 | | - | 35 (ii) United States Navy; |
---|
2180 | | - | 36 (iii) United States Air Force; |
---|
2181 | | - | 37 (iv) United States Space Force; |
---|
2182 | | - | 38 (v) United States Marine Corps; |
---|
2183 | | - | 39 (vi) Indiana National Guard; or |
---|
2184 | | - | 40 (vii) United States Coast Guard; or |
---|
2185 | | - | 41 (B) commissioned corps of the: |
---|
2186 | | - | 42 (i) National Oceanic and Atmospheric Administration; or |
---|
2187 | | - | EH 1235—LS 7083/DI 116 51 |
---|
2188 | | - | 1 (ii) Public Health Service of the United States Department |
---|
2189 | | - | 2 of Health and Human Services; |
---|
2190 | | - | 3 detailed by proper authority for duty with the United States |
---|
2191 | | - | 4 Army or United States Navy; of the United States; or |
---|
2192 | | - | 5 (2) is required to: |
---|
2193 | | - | 6 (A) enter or serve in the active military service of the United |
---|
2194 | | - | 7 States under a call or order of the President of the United |
---|
2195 | | - | 8 States; or |
---|
2196 | | - | 9 (B) serve on state active duty; |
---|
2197 | | - | 10 may delegate the powers designated in subsection (c) for a period |
---|
2198 | | - | 11 longer than twelve (12) months if the parent is on active duty service. |
---|
2199 | | - | 12 However, the term of delegation may not exceed the term of active duty |
---|
2200 | | - | 13 service plus thirty (30) days. The power of attorney must indicate that |
---|
2201 | | - | 14 the parent is required to enter or serve in the active military service of |
---|
2202 | | - | 15 the United States and include the estimated beginning and ending dates |
---|
2203 | | - | 16 of the active duty service. |
---|
2204 | | - | 17 (j) Except as otherwise stated in the power of attorney delegating |
---|
2205 | | - | 18 powers under this section, a delegation of powers under this section |
---|
2206 | | - | 19 may be revoked at any time by a written instrument of revocation that: |
---|
2207 | | - | 20 (1) identifies the power of attorney revoked; and |
---|
2208 | | - | 21 (2) is signed by the: |
---|
2209 | | - | 22 (A) parent of a minor; or |
---|
2210 | | - | 23 (B) guardian of a protected person; |
---|
2211 | | - | 24 who executed the power of attorney. |
---|
2212 | | - | 25 SECTION 67. IC 33-42-9-10, AS AMENDED BY |
---|
2213 | | - | 26 P.L.215-2018(ss), SECTION 14, IS AMENDED TO READ AS |
---|
2214 | | - | 27 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) A notarial act |
---|
2215 | | - | 28 performed under federal law shall be presumed valid and has the same |
---|
2216 | | - | 29 effect as a notarial act performed by a notarial officer of Indiana if the |
---|
2217 | | - | 30 notarial act performed under federal law is performed by: |
---|
2218 | | - | 31 (1) a judge, clerk, or deputy clerk of a court; |
---|
2219 | | - | 32 (2) an individual who is authorized to perform the notarial act |
---|
2220 | | - | 33 under federal law and is: |
---|
2221 | | - | 34 (A) presently serving in the armed forces of the United States; |
---|
2222 | | - | 35 or |
---|
2223 | | - | 36 (B) performing duties under the authority of the armed forces |
---|
2224 | | - | 37 of the United States; |
---|
2225 | | - | 38 (3) an individual designated as a notarial officer by the United |
---|
2226 | | - | 39 States Department of State for the purpose of performing notarial |
---|
2227 | | - | 40 acts overseas; |
---|
2228 | | - | 41 (4) a commissioned officer with the rank of: |
---|
2229 | | - | 42 (A) second lieutenant or higher in the active service of the: |
---|
2230 | | - | EH 1235—LS 7083/DI 116 52 |
---|
2231 | | - | 1 (i) United States Army; |
---|
2232 | | - | 2 (ii) United States Marine Corps; or |
---|
2233 | | - | 3 (iii) United States Air Force; or |
---|
2234 | | - | 4 (iv) United States Space Force; or |
---|
2235 | | - | 5 (B) ensign or higher in the active service of the: |
---|
2236 | | - | 6 (i) United States Coast Guard; or |
---|
2237 | | - | 7 (ii) United States Navy; or |
---|
2238 | | - | 8 (5) any other individual authorized by federal law to perform the |
---|
2239 | | - | 9 notarial act. |
---|
2240 | | - | 10 (b) The signature and title of an individual acting under federal |
---|
2241 | | - | 11 authority while performing a notarial act are prima facie evidence of |
---|
2242 | | - | 12 the fact that: |
---|
2243 | | - | 13 (1) the signature is genuine; and |
---|
2244 | | - | 14 (2) the individual holds the designated title. |
---|
2245 | | - | 15 (c) The signature and title of a notarial officer described in |
---|
2246 | | - | 16 subsection (a)(1), (a)(2), or (a)(3) conclusively establish the authority |
---|
2247 | | - | 17 of the notarial officer to perform the notarial act. |
---|
2248 | | - | 18 SECTION 68. IC 35-42-4-7, AS AMENDED BY P.L.133-2023, |
---|
2249 | | - | 19 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
2250 | | - | 20 JULY 1, 2025]: Sec. 7. (a) As used in this section, "adoptive parent" |
---|
2251 | | - | 21 has the meaning set forth in IC 31-9-2-6. |
---|
2252 | | - | 22 (b) As used in this section, "adoptive grandparent" means the parent |
---|
2253 | | - | 23 of an adoptive parent. |
---|
2254 | | - | 24 (c) As used in this section, "charter school" has the meaning set |
---|
2255 | | - | 25 forth in IC 20-18-2-2.5. |
---|
2256 | | - | 26 (d) As used in this section, "child care worker" means a person who: |
---|
2257 | | - | 27 (1) provides care, supervision, or instruction to a child within the |
---|
2258 | | - | 28 scope of the person's employment in a shelter care facility; |
---|
2259 | | - | 29 (2) is employed by a: |
---|
2260 | | - | 30 (A) school corporation; |
---|
2261 | | - | 31 (B) charter school; |
---|
2262 | | - | 32 (C) nonpublic school; or |
---|
2263 | | - | 33 (D) special education cooperative; |
---|
2264 | | - | 34 attended by a child who is the victim of a crime under this |
---|
2265 | | - | 35 chapter; or |
---|
2266 | | - | 36 (3) is: |
---|
2267 | | - | 37 (A) affiliated with a: |
---|
2268 | | - | 38 (i) school corporation; |
---|
2269 | | - | 39 (ii) charter school; |
---|
2270 | | - | 40 (iii) nonpublic school; or |
---|
2271 | | - | 41 (iv) special education cooperative; |
---|
2272 | | - | 42 attended by a child who is the victim of a crime under this |
---|
2273 | | - | EH 1235—LS 7083/DI 116 53 |
---|
2274 | | - | 1 chapter, regardless of how or whether the person is |
---|
2275 | | - | 2 compensated; |
---|
2276 | | - | 3 (B) in a position of trust in relation to a child who attends the |
---|
2277 | | - | 4 school or cooperative; |
---|
2278 | | - | 5 (C) engaged in the provision of care or supervision to a child |
---|
2279 | | - | 6 who attends the school or cooperative; and |
---|
2280 | | - | 7 (D) at least four (4) years older than the child who is the |
---|
2281 | | - | 8 victim of a crime under this chapter. |
---|
2282 | | - | 9 The term does not include a student who attends the school or |
---|
2283 | | - | 10 cooperative. |
---|
2284 | | - | 11 (e) As used in this section, "coach" means a person who: |
---|
2285 | | - | 12 (1) provides care, supervision, or instruction to a child within the |
---|
2286 | | - | 13 scope of the person's employment in a youth sports organization; |
---|
2287 | | - | 14 (2) is employed by a youth sports organization attended by a child |
---|
2288 | | - | 15 who is the victim of a crime under this chapter; or |
---|
2289 | | - | 16 (3) is: |
---|
2290 | | - | 17 (A) affiliated with a youth sports organization attended by a |
---|
2291 | | - | 18 child who is the victim of a crime under this chapter, |
---|
2292 | | - | 19 regardless of how or whether the person is compensated; |
---|
2293 | | - | 20 (B) in a position of trust in relation to a child who participates |
---|
2294 | | - | 21 in the youth sports organization; |
---|
2295 | | - | 22 (C) engaged in the provision of care or supervision to a child |
---|
2296 | | - | 23 who participates in the youth sports organization; and |
---|
2297 | | - | 24 (D) at least four (4) years older than the child who is the |
---|
2298 | | - | 25 victim of a crime under this chapter. |
---|
2299 | | - | 26 This term includes a coach who is nonteaching or a volunteer. |
---|
2300 | | - | 27 (f) As used in this section, "custodian" means any person who |
---|
2301 | | - | 28 resides with a child and is responsible for the child's welfare. |
---|
2302 | | - | 29 (g) As used in this section, "mental health professional" means: |
---|
2303 | | - | 30 (1) a mental health counselor licensed under IC 25-23.6-8.5; |
---|
2304 | | - | 31 (2) a psychologist; or |
---|
2305 | | - | 32 (3) a psychiatrist. |
---|
2306 | | - | 33 (h) As used in this section, "military recruiter" means a member of: |
---|
2307 | | - | 34 (1) the United States Air Force; |
---|
2308 | | - | 35 (2) the United States Army; |
---|
2309 | | - | 36 (3) the United States Coast Guard; |
---|
2310 | | - | 37 (4) the United States Marine Corps; |
---|
2311 | | - | 38 (5) the United States Navy; |
---|
2312 | | - | 39 (6) the United States Space Force; |
---|
2313 | | - | 40 (6) (7) any reserve components of the military forces listed in |
---|
2314 | | - | 41 subdivisions (1) through (5); or |
---|
2315 | | - | 42 (7) (8) the Indiana National Guard; |
---|
2316 | | - | EH 1235—LS 7083/DI 116 54 |
---|
2317 | | - | 1 whose primary job function, classification, or specialty is recruiting |
---|
2318 | | - | 2 individuals to enlist with an entity listed in subdivisions (1) through |
---|
2319 | | - | 3 (7). (8). |
---|
2320 | | - | 4 (i) As used in this section, "nonpublic school" has the meaning set |
---|
2321 | | - | 5 forth in IC 20-18-2-12. |
---|
2322 | | - | 6 (j) For purposes of this section, a person has a "professional |
---|
2323 | | - | 7 relationship" with a child if: |
---|
2324 | | - | 8 (1) the person: |
---|
2325 | | - | 9 (A) has a license issued by the state or a political subdivision |
---|
2326 | | - | 10 on the basis of the person's training and experience that |
---|
2327 | | - | 11 authorizes the person to carry out a particular occupation; or |
---|
2328 | | - | 12 (B) is employed in a position in which counseling, supervising, |
---|
2329 | | - | 13 instructing, or recruiting children forms a significant part of |
---|
2330 | | - | 14 the employment; and |
---|
2331 | | - | 15 (2) the person has a relationship with a child that is based on the |
---|
2332 | | - | 16 person's employment or licensed status as described in |
---|
2333 | | - | 17 subdivision (1). |
---|
2334 | | - | 18 The term includes a relationship between a child and a mental health |
---|
2335 | | - | 19 professional or military recruiter. The term does not include a coworker |
---|
2336 | | - | 20 relationship between a child and a person described in subdivision |
---|
2337 | | - | 21 (1)(B). |
---|
2338 | | - | 22 (k) As used in this section, "school corporation" has the meaning set |
---|
2339 | | - | 23 forth in IC 20-18-2-16. |
---|
2340 | | - | 24 (l) As used in this section, "special education cooperative" has the |
---|
2341 | | - | 25 meaning set forth in IC 20-35-5-1. |
---|
2342 | | - | 26 (m) As used in this section, "stepparent" means an individual who |
---|
2343 | | - | 27 is married to a child's custodial or noncustodial parent and is not the |
---|
2344 | | - | 28 child's adoptive parent. |
---|
2345 | | - | 29 (n) As used in this section, "workplace supervisor" means an |
---|
2346 | | - | 30 individual who has authority over a child while the child is employed |
---|
2347 | | - | 31 at the child's place of employment. The term includes a person who is |
---|
2348 | | - | 32 responsible for determining the child's wages (including whether the |
---|
2349 | | - | 33 child will receive a raise) or who otherwise has the authority to take an |
---|
2350 | | - | 34 adverse employment action against the child. |
---|
2351 | | - | 35 (o) As used in this section, "youth sports organization" means an |
---|
2352 | | - | 36 athletic or recreational program that is organized for: |
---|
2353 | | - | 37 (1) competition against another team, club, or entity; or |
---|
2354 | | - | 38 (2) athletic instruction; |
---|
2355 | | - | 39 predominantly for children less than eighteen (18) years of age. |
---|
2356 | | - | 40 (p) If a person who: |
---|
2357 | | - | 41 (1) is at least eighteen (18) years of age; and |
---|
2358 | | - | 42 (2) is the: |
---|
2359 | | - | EH 1235—LS 7083/DI 116 55 |
---|
2360 | | - | 1 (A) guardian, adoptive parent, adoptive grandparent, |
---|
2361 | | - | 2 custodian, or stepparent of; |
---|
2362 | | - | 3 (B) child care worker for; or |
---|
2363 | | - | 4 (C) coach of; |
---|
2364 | | - | 5 a child less than eighteen (18) years of age; |
---|
2365 | | - | 6 engages with the child in sexual intercourse, other sexual conduct (as |
---|
2366 | | - | 7 defined in IC 35-31.5-2-221.5), or any fondling or touching with the |
---|
2367 | | - | 8 intent to arouse or satisfy the sexual desires of either the child or the |
---|
2368 | | - | 9 adult, the person commits child seduction. |
---|
2369 | | - | 10 (q) A person who: |
---|
2370 | | - | 11 (1) has or had a professional relationship with a child less than |
---|
2371 | | - | 12 eighteen (18) years of age whom the person knows to be less than |
---|
2372 | | - | 13 eighteen (18) years of age; |
---|
2373 | | - | 14 (2) may exert undue influence on the child because of the person's |
---|
2374 | | - | 15 current or previous professional relationship with the child; and |
---|
2375 | | - | 16 (3) uses or exerts the person's professional relationship to engage |
---|
2376 | | - | 17 in sexual intercourse, other sexual conduct (as defined in |
---|
2377 | | - | 18 IC 35-31.5-2-221.5), or any fondling or touching with the child |
---|
2378 | | - | 19 with the intent to arouse or satisfy the sexual desires of the child |
---|
2379 | | - | 20 or the person; |
---|
2380 | | - | 21 commits child seduction. |
---|
2381 | | - | 22 (r) A law enforcement officer who: |
---|
2382 | | - | 23 (1) is at least four (4) years older than a child who is less than |
---|
2383 | | - | 24 eighteen (18) years of age; |
---|
2384 | | - | 25 (2) has contact with the child while acting within the scope of the |
---|
2385 | | - | 26 law enforcement officer's official duties with respect to the child; |
---|
2386 | | - | 27 and |
---|
2387 | | - | 28 (3) uses or exerts the law enforcement officer's professional |
---|
2388 | | - | 29 relationship with the child to engage with the child in: |
---|
2389 | | - | 30 (A) sexual intercourse; |
---|
2390 | | - | 31 (B) other sexual conduct (as defined in IC 35-31.5-2-221.5); |
---|
2391 | | - | 32 or |
---|
2392 | | - | 33 (C) any fondling or touching with the child with the intent to |
---|
2393 | | - | 34 arouse or satisfy the sexual desires of the child or the law |
---|
2394 | | - | 35 enforcement officer; |
---|
2395 | | - | 36 commits child seduction. |
---|
2396 | | - | 37 (s) In determining whether a person used or exerted the person's |
---|
2397 | | - | 38 professional relationship with the child to engage in sexual intercourse, |
---|
2398 | | - | 39 other sexual conduct (as defined in IC 35-31.5-2-221.5), or any |
---|
2399 | | - | 40 fondling or touching with the intent to arouse or satisfy the sexual |
---|
2400 | | - | 41 desires of the child or the person under this section, the trier of fact |
---|
2401 | | - | 42 may consider one (1) or more of the following: |
---|
2402 | | - | EH 1235—LS 7083/DI 116 56 |
---|
2403 | | - | 1 (1) The age difference between the person and the child. |
---|
2404 | | - | 2 (2) Whether the person was in a position of trust with respect to |
---|
2405 | | - | 3 the child. |
---|
2406 | | - | 4 (3) Whether the person's conduct with the child violated any |
---|
2407 | | - | 5 ethical obligations of the person's profession or occupation. |
---|
2408 | | - | 6 (4) The authority that the person had over the child. |
---|
2409 | | - | 7 (5) Whether the person exploited any particular vulnerability of |
---|
2410 | | - | 8 the child. |
---|
2411 | | - | 9 (6) Any other evidence relevant to the person's ability to exert |
---|
2412 | | - | 10 undue influence over the child. |
---|
2413 | | - | 11 (t) This subsection does not apply to a workplace supervisor who |
---|
2414 | | - | 12 had a dating relationship with the child before the child was employed |
---|
2415 | | - | 13 at the place of employment. A workplace supervisor who: |
---|
2416 | | - | 14 (1) is at least four (4) years older than a child who is less than |
---|
2417 | | - | 15 eighteen (18) years of age; |
---|
2418 | | - | 16 (2) supervises the child at the child's place of employment; and |
---|
2419 | | - | 17 (3) uses or exerts the workplace supervisor's supervisory |
---|
2420 | | - | 18 relationship with the child to engage with the child in: |
---|
2421 | | - | 19 (A) sexual intercourse; |
---|
2422 | | - | 20 (B) other sexual conduct (as defined in IC 35-31.5-2-221.5); |
---|
2423 | | - | 21 or |
---|
2424 | | - | 22 (C) any fondling or touching with the child with the intent to |
---|
2425 | | - | 23 arouse or satisfy the sexual desires of the child or the |
---|
2426 | | - | 24 workplace supervisor; |
---|
2427 | | - | 25 commits child seduction. |
---|
2428 | | - | 26 (u) In determining whether a workplace supervisor used or exerted |
---|
2429 | | - | 27 the workplace supervisor's relationship with the child to engage in |
---|
2430 | | - | 28 sexual intercourse, other sexual conduct (as defined in |
---|
2431 | | - | 29 IC 35-31.5-2-221.5), or any fondling or touching with the intent to |
---|
2432 | | - | 30 arouse or satisfy the sexual desires of the child or the workplace |
---|
2433 | | - | 31 supervisor, the trier of fact may consider one (1) or more of the |
---|
2434 | | - | 32 following: |
---|
2435 | | - | 33 (1) The age difference between the workplace supervisor and the |
---|
2436 | | - | 34 child. |
---|
2437 | | - | 35 (2) Whether the workplace supervisor was in a position of trust |
---|
2438 | | - | 36 with respect to the child. |
---|
2439 | | - | 37 (3) Whether the workplace supervisor suggested to the child that |
---|
2440 | | - | 38 engaging or not engaging in sexual activity with the workplace |
---|
2441 | | - | 39 supervisor would or could affect the child at the child's place of |
---|
2442 | | - | 40 employment. |
---|
2443 | | - | 41 (4) The authority that the workplace supervisor had over the child. |
---|
2444 | | - | 42 (5) Whether the workplace supervisor exploited any particular |
---|
2445 | | - | EH 1235—LS 7083/DI 116 57 |
---|
2446 | | - | 1 vulnerability of the child. |
---|
2447 | | - | 2 (6) Any other evidence relevant to the workplace supervisor's |
---|
2448 | | - | 3 ability to exert undue influence over the child. |
---|
2449 | | - | 4 (v) Child seduction under this section is: |
---|
2450 | | - | 5 (1) a Level 6 felony if the child is at least sixteen (16) years of age |
---|
2451 | | - | 6 but less than eighteen (18) years of age and the person or law |
---|
2452 | | - | 7 enforcement officer engaged in any fondling or touching with the |
---|
2453 | | - | 8 intent to arouse or satisfy the sexual desires of: |
---|
2454 | | - | 9 (A) the child; or |
---|
2455 | | - | 10 (B) the person or law enforcement officer; |
---|
2456 | | - | 11 (2) a Level 5 felony if the child is at least sixteen (16) years of age |
---|
2457 | | - | 12 but less than eighteen (18) years of age and the person or law |
---|
2458 | | - | 13 enforcement officer engaged in sexual intercourse or other sexual |
---|
2459 | | - | 14 conduct (as defined in IC 35-31.5-2-221.5) with the child; |
---|
2460 | | - | 15 (3) a Level 5 felony if the child is at least fourteen (14) years of |
---|
2461 | | - | 16 age but less than sixteen (16) years of age and the person or law |
---|
2462 | | - | 17 enforcement officer engaged in any fondling or touching with the |
---|
2463 | | - | 18 intent to arouse or satisfy the sexual desires of: |
---|
2464 | | - | 19 (A) the child; or |
---|
2465 | | - | 20 (B) the person or law enforcement officer; |
---|
2466 | | - | 21 (4) a Level 4 felony if the child is at least fourteen (14) years of |
---|
2467 | | - | 22 age but less than sixteen (16) years of age and the person or law |
---|
2468 | | - | 23 enforcement officer engaged in sexual intercourse or other sexual |
---|
2469 | | - | 24 conduct (as defined in IC 35-31.5-2-221.5) with the child; |
---|
2470 | | - | 25 (5) a Level 3 felony if the child is thirteen (13) years of age or |
---|
2471 | | - | 26 under and the person or law enforcement officer engaged in any |
---|
2472 | | - | 27 fondling or touching with the intent to arouse or satisfy the sexual |
---|
2473 | | - | 28 desires of: |
---|
2474 | | - | 29 (A) the child; or |
---|
2475 | | - | 30 (B) the person or law enforcement officer; and |
---|
2476 | | - | 31 (6) a Level 2 felony if the child is thirteen (13) years of age or |
---|
2477 | | - | 32 under and the person or law enforcement officer engaged in |
---|
2478 | | - | 33 sexual intercourse or other sexual conduct (as defined in |
---|
2479 | | - | 34 IC 35-31.5-2-221.5) with the child. |
---|
2480 | | - | 35 SECTION 69. IC 36-8-4-10, AS AMENDED BY P.L.110-2010, |
---|
2481 | | - | 36 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
2482 | | - | 37 JULY 1, 2025]: Sec. 10. (a) Subject to subsection (c), the board or |
---|
2483 | | - | 38 persons having the authority to employ members of the fire or police |
---|
2484 | | - | 39 department shall give a preference for employment according to the |
---|
2485 | | - | 40 following priority: |
---|
2486 | | - | 41 (1) A war veteran who has been honorably discharged from the |
---|
2487 | | - | 42 armed forces of the United States under conditions other than |
---|
2488 | | - | EH 1235—LS 7083/DI 116 58 |
---|
2489 | | - | 1 conditions set forth in IC 10-17-12-7.5(2). armed forces. |
---|
2490 | | - | 2 (2) A person whose mother or father was a: |
---|
2491 | | - | 3 (A) firefighter of a unit; |
---|
2492 | | - | 4 (B) municipal police officer; or |
---|
2493 | | - | 5 (C) county police officer; |
---|
2494 | | - | 6 who died in the line of duty (as defined in IC 5-10-10-2). |
---|
2495 | | - | 7 (b) Subject to subsection (c), the board or person having the |
---|
2496 | | - | 8 authority to employ members of a fire or police department may give |
---|
2497 | | - | 9 a preference for employment to any of the following: |
---|
2498 | | - | 10 (1) A police officer or firefighter laid off by another city under |
---|
2499 | | - | 11 section 11 of this chapter. |
---|
2500 | | - | 12 (2) A county police officer laid off by a sheriff's department under |
---|
2501 | | - | 13 IC 36-8-10-11.1. |
---|
2502 | | - | 14 (3) A person who: |
---|
2503 | | - | 15 (A) was employed full-time or part-time by a township to |
---|
2504 | | - | 16 provide fire protection and emergency services; and |
---|
2505 | | - | 17 (B) has been laid off by the township. |
---|
2506 | | - | 18 (c) A person described in subsection (a) or (b) may not receive a |
---|
2507 | | - | 19 preference for employment unless the person: |
---|
2508 | | - | 20 (1) applies; and |
---|
2509 | | - | 21 (2) meets all employment requirements prescribed: |
---|
2510 | | - | 22 (A) by law, including physical and age requirements; and |
---|
2511 | | - | 23 (B) by the fire or police department. |
---|
2512 | | - | 24 SECTION 70. IC 36-8-4.7-3, AS ADDED BY P.L.115-2016, |
---|
2513 | | - | 25 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
2514 | | - | 26 JULY 1, 2025]: Sec. 3. As used in this chapter, "armed forces" means |
---|
2515 | | - | 27 the active and reserve components of the following: |
---|
| 1987 | + | 25 JULY 1, 2025]: Sec. 5. (a) Except as provided in section 4 of this |
---|
| 1988 | + | 26 chapter, an individual may not practice surgical technology in a health |
---|
| 1989 | + | 27 care facility unless the individual meets one (1) of the following |
---|
| 1990 | + | 28 requirements: |
---|
| 1991 | + | 29 (1) Is certified under IC 25-36.1-1. |
---|
| 1992 | + | 30 (2) Has completed a surgical technology program provided by the |
---|
| 1993 | + | 31 United States Army, United States Navy, United States Air |
---|
| 1994 | + | 32 Force, United States Marine Corps, United States Space Force, |
---|
| 1995 | + | 33 or United States Coast Guard, or the commissioned corps of the |
---|
| 1996 | + | 34 United States Public Health Service. |
---|
| 1997 | + | 35 (3) Provides evidence to the health care facility that the individual |
---|
| 1998 | + | 36 was employed to practice surgical technology in a health care |
---|
| 1999 | + | 37 facility before July 1, 2009. |
---|
| 2000 | + | 38 (4) Is performing duties related to the individual's employment by |
---|
| 2001 | + | 39 the federal government. |
---|
| 2002 | + | 40 (5) Is practicing surgical technology during the twelve (12) month |
---|
| 2003 | + | 41 period immediately following the completion of a degree from an |
---|
| 2004 | + | 42 accredited school of surgical technology. |
---|
| 2005 | + | HB 1235—LS 7083/DI 116 47 |
---|
| 2006 | + | 1 (6) Has the appropriate abilities, as determined by the health care |
---|
| 2007 | + | 2 facility. |
---|
| 2008 | + | 3 (b) An individual who is: |
---|
| 2009 | + | 4 (1) described in subsection (a)(1), (a)(2), or (a)(3); and |
---|
| 2010 | + | 5 (2) practicing surgical technology in a health care facility; |
---|
| 2011 | + | 6 annually shall complete fifteen (15) hours of continuing education |
---|
| 2012 | + | 7 concerning surgical technology in order to continue practicing surgical |
---|
| 2013 | + | 8 technology. |
---|
| 2014 | + | 9 (c) An individual who wants to practice surgical technology in a |
---|
| 2015 | + | 10 health care facility is responsible for establishing to the satisfaction of |
---|
| 2016 | + | 11 the health care facility that the individual has complied with this |
---|
| 2017 | + | 12 section. |
---|
| 2018 | + | 13 (d) An individual practicing surgical technology in a health care |
---|
| 2019 | + | 14 facility is responsible for immediately notifying in writing the |
---|
| 2020 | + | 15 governing body of the health care facility, or the governing body's |
---|
| 2021 | + | 16 designee, of any changes in the individual's compliance with this |
---|
| 2022 | + | 17 section. |
---|
| 2023 | + | 18 (e) A health care facility shall maintain copies of any written |
---|
| 2024 | + | 19 documentation provided by the individual to the health care facility |
---|
| 2025 | + | 20 under subsection (c) or (d) to show compliance with this section. |
---|
| 2026 | + | 21 (f) This chapter does not require a health care facility to permit an |
---|
| 2027 | + | 22 individual described in subsection (a) to perform surgical technology |
---|
| 2028 | + | 23 services at the health care facility. |
---|
| 2029 | + | 24 SECTION 61. IC 25-37-1-14 IS AMENDED TO READ AS |
---|
| 2030 | + | 25 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. (a) This section |
---|
| 2031 | + | 26 applies to a county having a consolidated city. |
---|
| 2032 | + | 27 (b) A veteran who holds an honorable discharge a discharge with |
---|
| 2033 | + | 28 a separation code that is not determined to be disallowable under |
---|
| 2034 | + | 29 IC 10-17-12-10.5 from the armed forces of the United States is exempt |
---|
| 2035 | + | 30 from the payment of a fee for a transient merchant license issued under |
---|
| 2036 | + | 31 this chapter by a municipality located wholly or partially within the |
---|
| 2037 | + | 32 county. |
---|
| 2038 | + | 33 (c) Upon the presentation of the veteran's certificate and papers of |
---|
| 2039 | + | 34 discharge and proof of the veteran's identity, the official designated by |
---|
| 2040 | + | 35 the municipality shall issue a transient merchant license to the veteran. |
---|
| 2041 | + | 36 A person licensed under this section shall comply with all ordinances |
---|
| 2042 | + | 37 of the county or municipality governing transient merchants. |
---|
| 2043 | + | 38 SECTION 62. IC 27-1-22-26 IS AMENDED TO READ AS |
---|
| 2044 | + | 39 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 26. (a) As used in this |
---|
| 2045 | + | 40 section, "armed forces" means the following: |
---|
| 2046 | + | 41 (1) The United States Army. |
---|
| 2047 | + | 42 (2) The United States Navy. |
---|
| 2048 | + | HB 1235—LS 7083/DI 116 48 |
---|
| 2049 | + | 1 (3) The United States Air Force. |
---|
| 2050 | + | 2 (4) The United States Marine Corps. |
---|
| 2051 | + | 3 (5) The United States Space Force. |
---|
| 2052 | + | 4 (5) (6) The United States Coast Guard. |
---|
| 2053 | + | 5 (b) This section applies only to an individual: |
---|
| 2054 | + | 6 (1) who is applying for motor vehicle insurance; and |
---|
| 2055 | + | 7 (2) who: |
---|
| 2056 | + | 8 (A) is serving in one (1) of the armed forces; or |
---|
| 2057 | + | 9 (B) has served in one (1) of the armed forces within six (6) |
---|
| 2058 | + | 10 months before applying for motor vehicle insurance. |
---|
| 2059 | + | 11 (c) As used in this section, "motor vehicle insurance" means any |
---|
| 2060 | + | 12 type of insurance described in IC 27-1-5-1, Class 2(f). |
---|
| 2061 | + | 13 (d) As used in this chapter, "rating plan" means the rating schedule |
---|
| 2062 | + | 14 or rating plan of an insurer concerning premium rates for motor vehicle |
---|
| 2063 | + | 15 insurance that has been filed with the commissioner and is in effect |
---|
| 2064 | + | 16 under section 4 of this chapter. |
---|
| 2065 | + | 17 (e) An insurer may not set the premium rate for a policy of motor |
---|
| 2066 | + | 18 vehicle insurance for an individual described in subsection (b) at an |
---|
| 2067 | + | 19 amount higher than the applicable rate set forth in the rating plan due |
---|
| 2068 | + | 20 to the fact that the individual has not been covered by motor vehicle |
---|
| 2069 | + | 21 insurance for a period of time. |
---|
| 2070 | + | 22 (f) The violation of this section is an unfair and deceptive act or |
---|
| 2071 | + | 23 practice in the business of insurance under IC 27-4-1-4. |
---|
| 2072 | + | 24 SECTION 63. IC 27-1-22-26.1, AS ADDED BY P.L.39-2005, |
---|
| 2073 | + | 25 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 2074 | + | 26 JULY 1, 2025]: Sec. 26.1. (a) As used in this section, "armed forces" |
---|
| 2075 | + | 27 means the active and reserve components of the following: |
---|
2523 | | - | 35 SECTION 71. IC 36-8-4.7-5, AS ADDED BY P.L.115-2016, |
---|
2524 | | - | 36 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
2525 | | - | 37 JULY 1, 2025]: Sec. 5. (a) Notwithstanding any contrary law, an |
---|
2526 | | - | 38 appointing authority shall waive any age restriction for a person not |
---|
2527 | | - | 39 more than forty (40) years and six (6) months of age that applies to the |
---|
2528 | | - | 40 appointment and hiring of an individual as: |
---|
2529 | | - | 41 (1) a member of the police department; or |
---|
2530 | | - | 42 (2) a member of the fire department; |
---|
2531 | | - | EH 1235—LS 7083/DI 116 59 |
---|
2532 | | - | 1 if the individual meets the requirements of subsection (b). |
---|
2533 | | - | 2 (b) An individual who meets all the following requirements is |
---|
2534 | | - | 3 entitled to the waiver described in subsection (a): |
---|
2535 | | - | 4 (1) On the date the individual applies to be appointed and hired |
---|
2536 | | - | 5 as: |
---|
2537 | | - | 6 (A) a member of the police department; or |
---|
2538 | | - | 7 (B) a member of the fire department; |
---|
2539 | | - | 8 the individual is a veteran who has completed at least twenty (20) |
---|
2540 | | - | 9 years of military service. |
---|
2541 | | - | 10 (2) The individual received or is eligible to receive an honorable |
---|
2542 | | - | 11 a discharge from the armed forces of the United States under |
---|
2543 | | - | 12 conditions other than conditions set forth in |
---|
2544 | | - | 13 IC 10-17-12-7.5(2). |
---|
2545 | | - | 14 (3) The individual meets all other requirements for appointment |
---|
2546 | | - | 15 and hiring as: |
---|
2547 | | - | 16 (A) a member of the police department; or |
---|
2548 | | - | 17 (B) a member of the fire department; |
---|
2549 | | - | 18 including all physical requirements. |
---|
2550 | | - | 19 (c) An individual who is entitled to the waiver described in |
---|
2551 | | - | 20 subsection (a) is eligible to become a member of the 1977 fund. |
---|
2552 | | - | 21 SECTION 72. IC 36-8-5-8, AS AMENDED BY P.L.84-2016, |
---|
2553 | | - | 22 SECTION 181, IS AMENDED TO READ AS FOLLOWS |
---|
2554 | | - | 23 [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) A police officer or firefighter |
---|
2555 | | - | 24 desiring to return to service in the police or fire department shall report |
---|
2556 | | - | 25 to the person responsible for regulating and employing members of the |
---|
2557 | | - | 26 department. This action must be taken within sixty (60) days after |
---|
2558 | | - | 27 honorable discharge a discharge under conditions other than |
---|
2559 | | - | 28 conditions set forth in IC 10-17-12-7.5(2) from military service or |
---|
2560 | | - | 29 government war work. |
---|
2561 | | - | 30 (b) Within fifteen (15) days after the police officer or firefighter |
---|
2562 | | - | 31 reports to the department, the police officer or firefighter shall be |
---|
2563 | | - | 32 placed on duty at the rank held at the time of entering military service |
---|
2564 | | - | 33 or government war work. |
---|
2565 | | - | 34 (c) If a member of the police or fire department is refused a proper |
---|
2566 | | - | 35 assignment under subsection (b), the member of the police or fire |
---|
2567 | | - | 36 department may file an action in the circuit court, superior court, or |
---|
2568 | | - | 37 probate court of the county in the manner prescribed by IC 36-8-3-4. |
---|
2569 | | - | 38 SECTION 73. IC 36-8-10-10.4, AS AMENDED BY P.L.110-2010, |
---|
2570 | | - | 39 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
2571 | | - | 40 JULY 1, 2025]: Sec. 10.4. (a) Subject to subsection (c), the board shall |
---|
2572 | | - | 41 give a preference for employment according to the following priority: |
---|
| 2083 | + | 35 (b) As used in this section, "motor vehicle insurance" means any |
---|
| 2084 | + | 36 type of insurance described in IC 27-1-5-1, Class 2(f). |
---|
| 2085 | + | 37 (c) As used in this chapter, "rating plan" means the rating schedule |
---|
| 2086 | + | 38 or rating plan of an insurer: |
---|
| 2087 | + | 39 (1) concerning premium rates for motor vehicle insurance; |
---|
| 2088 | + | 40 (2) that has been filed with the commissioner; and |
---|
| 2089 | + | 41 (3) that is in effect under section 4 of this chapter. |
---|
| 2090 | + | 42 (d) An insurer that issues or renews a policy of motor vehicle |
---|
| 2091 | + | HB 1235—LS 7083/DI 116 49 |
---|
| 2092 | + | 1 insurance may not set the premium rate for a policy of motor vehicle |
---|
| 2093 | + | 2 insurance that covers an individual who is serving in one (1) of the |
---|
| 2094 | + | 3 armed forces at an amount higher than the applicable rate set forth in |
---|
| 2095 | + | 4 the rating plan for a policy of motor vehicle insurance that covers an |
---|
| 2096 | + | 5 individual who is not serving in one (1) of the armed forces. |
---|
| 2097 | + | 6 (e) A violation of this section is an unfair and deceptive act or |
---|
| 2098 | + | 7 practice in the business of insurance under IC 27-4-1-4. |
---|
| 2099 | + | 8 SECTION 64. IC 27-7-14-1, AS ADDED BY P.L.146-2015, |
---|
| 2100 | + | 9 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 2101 | + | 10 JULY 1, 2025]: Sec. 1. As used in this chapter, "armed forces" means |
---|
| 2102 | + | 11 the active and reserve components of the following: |
---|
| 2103 | + | 12 (1) The United States Army. |
---|
| 2104 | + | 13 (2) The United States Navy. |
---|
| 2105 | + | 14 (3) The United States Air Force. |
---|
| 2106 | + | 15 (4) The United States Marine Corps. |
---|
| 2107 | + | 16 (5) The United States Space Force. |
---|
| 2108 | + | 17 (5) (6) The United States Coast Guard. |
---|
| 2109 | + | 18 (6) (7) The Indiana National Guard. |
---|
| 2110 | + | 19 SECTION 65. IC 29-3-9-1, AS AMENDED BY P.L.50-2021, |
---|
| 2111 | + | 20 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 2112 | + | 21 JULY 1, 2025]: Sec. 1. (a) As used in this section, "department" means |
---|
| 2113 | + | 22 the department of child services established by IC 31-25-1-1. |
---|
| 2114 | + | 23 (b) As used in this section and except as otherwise provided in this |
---|
| 2115 | + | 24 section, "foster care" has the meaning set forth in IC 31-9-2-46.7. |
---|
| 2116 | + | 25 (c) Except as provided in subsections (d) and (h), by a properly |
---|
| 2117 | + | 26 executed power of attorney, a parent of a minor or a guardian (other |
---|
| 2118 | + | 27 than a temporary guardian) of a protected person may delegate to |
---|
| 2119 | + | 28 another person for: |
---|
| 2120 | + | 29 (1) any period during which the care and custody of the minor or |
---|
| 2121 | + | 30 protected person is entrusted to an institution furnishing care, |
---|
| 2122 | + | 31 custody, education, or training; or |
---|
| 2123 | + | 32 (2) a period not exceeding twelve (12) months; |
---|
| 2124 | + | 33 any powers regarding health care, support, custody, or property of the |
---|
| 2125 | + | 34 minor or protected person. A delegation described in this subsection is |
---|
| 2126 | + | 35 effective immediately unless otherwise stated in the power of attorney. |
---|
| 2127 | + | 36 (d) A parent of a minor or a guardian of a protected person may not |
---|
| 2128 | + | 37 delegate under subsection (c) the power to: |
---|
| 2129 | + | 38 (1) consent to the marriage or adoption of a protected person who |
---|
| 2130 | + | 39 is a minor; or |
---|
| 2131 | + | 40 (2) petition the court to request the authority to petition for |
---|
| 2132 | + | 41 dissolution of marriage, legal separation, or annulment of |
---|
| 2133 | + | 42 marriage on behalf of a protected person as provided under |
---|
| 2134 | + | HB 1235—LS 7083/DI 116 50 |
---|
| 2135 | + | 1 section 12.2 of this chapter. |
---|
| 2136 | + | 2 (e) Subject to IC 30-5-5-16, a person having a power of attorney |
---|
| 2137 | + | 3 executed under subsection (c) has and shall exercise, for the period |
---|
| 2138 | + | 4 during which the power is effective, all other authority of the parent or |
---|
| 2139 | + | 5 guardian respecting the health care, support, custody, or property of the |
---|
| 2140 | + | 6 minor or protected person except any authority expressly excluded in |
---|
| 2141 | + | 7 the written instrument delegating the power. The parent or guardian |
---|
| 2142 | + | 8 remains responsible for any act or omission of the person having the |
---|
| 2143 | + | 9 power of attorney with respect to the affairs, property, and person of the |
---|
| 2144 | + | 10 minor or protected person as though the power of attorney had never |
---|
| 2145 | + | 11 been executed. |
---|
| 2146 | + | 12 (f) A delegation of powers executed under subsection (c) does not, |
---|
| 2147 | + | 13 as a result of the execution of the power of attorney, subject any of the |
---|
| 2148 | + | 14 parties to any laws, rules, or regulations concerning the licensing or |
---|
| 2149 | + | 15 regulation of foster family homes, child placing agencies, or child |
---|
| 2150 | + | 16 caring institutions under IC 31-27. |
---|
| 2151 | + | 17 (g) Any child who is the subject of a power of attorney executed |
---|
| 2152 | + | 18 under subsection (c) is not considered to be placed in foster care. The |
---|
| 2153 | + | 19 parties to a power of attorney executed under subsection (c), including |
---|
| 2154 | + | 20 a child, a protected person, a parent or guardian of a child or protected |
---|
| 2155 | + | 21 person, or an attorney in fact, are not, as a result of the execution of the |
---|
| 2156 | + | 22 power of attorney, subject to any foster care requirements or foster care |
---|
| 2157 | + | 23 licensing regulations. |
---|
| 2158 | + | 24 (h) A foster family home licensed under IC 31-27-4 may not provide |
---|
| 2159 | + | 25 overnight or regular and continuous care and supervision to a child |
---|
| 2160 | + | 26 who is the subject of a power of attorney executed under subsection (c) |
---|
| 2161 | + | 27 while providing care to a child placed in the home by the department |
---|
| 2162 | + | 28 or under a juvenile court order under a foster family home license. |
---|
| 2163 | + | 29 Upon request, the department may grant an exception to this |
---|
| 2164 | + | 30 subsection. |
---|
| 2165 | + | 31 (i) A parent who: |
---|
| 2166 | + | 32 (1) is a member in the: |
---|
| 2167 | + | 33 (A) active or reserve component of the armed forces of the |
---|
| 2168 | + | 34 United States, including the: |
---|
| 2169 | + | 35 (i) United States Army; |
---|
| 2170 | + | 36 (ii) United States Navy; |
---|
| 2171 | + | 37 (iii) United States Air Force; |
---|
| 2172 | + | 38 (iv) United States Space Force; |
---|
| 2173 | + | 39 (v) United States Marine Corps; |
---|
| 2174 | + | 40 (vi) Indiana National Guard; or |
---|
| 2175 | + | 41 (vii) United States Coast Guard; or |
---|
| 2176 | + | 42 (B) commissioned corps of the: |
---|
| 2177 | + | HB 1235—LS 7083/DI 116 51 |
---|
| 2178 | + | 1 (i) National Oceanic and Atmospheric Administration; or |
---|
| 2179 | + | 2 (ii) Public Health Service of the United States Department |
---|
| 2180 | + | 3 of Health and Human Services; |
---|
| 2181 | + | 4 detailed by proper authority for duty with the United States |
---|
| 2182 | + | 5 Army or United States Navy; of the United States; or |
---|
| 2183 | + | 6 (2) is required to: |
---|
| 2184 | + | 7 (A) enter or serve in the active military service of the United |
---|
| 2185 | + | 8 States under a call or order of the President of the United |
---|
| 2186 | + | 9 States; or |
---|
| 2187 | + | 10 (B) serve on state active duty; |
---|
| 2188 | + | 11 may delegate the powers designated in subsection (c) for a period |
---|
| 2189 | + | 12 longer than twelve (12) months if the parent is on active duty service. |
---|
| 2190 | + | 13 However, the term of delegation may not exceed the term of active duty |
---|
| 2191 | + | 14 service plus thirty (30) days. The power of attorney must indicate that |
---|
| 2192 | + | 15 the parent is required to enter or serve in the active military service of |
---|
| 2193 | + | 16 the United States and include the estimated beginning and ending dates |
---|
| 2194 | + | 17 of the active duty service. |
---|
| 2195 | + | 18 (j) Except as otherwise stated in the power of attorney delegating |
---|
| 2196 | + | 19 powers under this section, a delegation of powers under this section |
---|
| 2197 | + | 20 may be revoked at any time by a written instrument of revocation that: |
---|
| 2198 | + | 21 (1) identifies the power of attorney revoked; and |
---|
| 2199 | + | 22 (2) is signed by the: |
---|
| 2200 | + | 23 (A) parent of a minor; or |
---|
| 2201 | + | 24 (B) guardian of a protected person; |
---|
| 2202 | + | 25 who executed the power of attorney. |
---|
| 2203 | + | 26 SECTION 66. IC 33-42-9-10, AS AMENDED BY |
---|
| 2204 | + | 27 P.L.215-2018(ss), SECTION 14, IS AMENDED TO READ AS |
---|
| 2205 | + | 28 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) A notarial act |
---|
| 2206 | + | 29 performed under federal law shall be presumed valid and has the same |
---|
| 2207 | + | 30 effect as a notarial act performed by a notarial officer of Indiana if the |
---|
| 2208 | + | 31 notarial act performed under federal law is performed by: |
---|
| 2209 | + | 32 (1) a judge, clerk, or deputy clerk of a court; |
---|
| 2210 | + | 33 (2) an individual who is authorized to perform the notarial act |
---|
| 2211 | + | 34 under federal law and is: |
---|
| 2212 | + | 35 (A) presently serving in the armed forces of the United States; |
---|
| 2213 | + | 36 or |
---|
| 2214 | + | 37 (B) performing duties under the authority of the armed forces |
---|
| 2215 | + | 38 of the United States; |
---|
| 2216 | + | 39 (3) an individual designated as a notarial officer by the United |
---|
| 2217 | + | 40 States Department of State for the purpose of performing notarial |
---|
| 2218 | + | 41 acts overseas; |
---|
| 2219 | + | 42 (4) a commissioned officer with the rank of: |
---|
| 2220 | + | HB 1235—LS 7083/DI 116 52 |
---|
| 2221 | + | 1 (A) second lieutenant or higher in the active service of the: |
---|
| 2222 | + | 2 (i) United States Army; |
---|
| 2223 | + | 3 (ii) United States Marine Corps; or |
---|
| 2224 | + | 4 (iii) United States Air Force; or |
---|
| 2225 | + | 5 (iv) United States Space Force; or |
---|
| 2226 | + | 6 (B) ensign or higher in the active service of the: |
---|
| 2227 | + | 7 (i) United States Coast Guard; or |
---|
| 2228 | + | 8 (ii) United States Navy; or |
---|
| 2229 | + | 9 (5) any other individual authorized by federal law to perform the |
---|
| 2230 | + | 10 notarial act. |
---|
| 2231 | + | 11 (b) The signature and title of an individual acting under federal |
---|
| 2232 | + | 12 authority while performing a notarial act are prima facie evidence of |
---|
| 2233 | + | 13 the fact that: |
---|
| 2234 | + | 14 (1) the signature is genuine; and |
---|
| 2235 | + | 15 (2) the individual holds the designated title. |
---|
| 2236 | + | 16 (c) The signature and title of a notarial officer described in |
---|
| 2237 | + | 17 subsection (a)(1), (a)(2), or (a)(3) conclusively establish the authority |
---|
| 2238 | + | 18 of the notarial officer to perform the notarial act. |
---|
| 2239 | + | 19 SECTION 67. IC 35-42-4-7, AS AMENDED BY P.L.133-2023, |
---|
| 2240 | + | 20 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 2241 | + | 21 JULY 1, 2025]: Sec. 7. (a) As used in this section, "adoptive parent" |
---|
| 2242 | + | 22 has the meaning set forth in IC 31-9-2-6. |
---|
| 2243 | + | 23 (b) As used in this section, "adoptive grandparent" means the parent |
---|
| 2244 | + | 24 of an adoptive parent. |
---|
| 2245 | + | 25 (c) As used in this section, "charter school" has the meaning set |
---|
| 2246 | + | 26 forth in IC 20-18-2-2.5. |
---|
| 2247 | + | 27 (d) As used in this section, "child care worker" means a person who: |
---|
| 2248 | + | 28 (1) provides care, supervision, or instruction to a child within the |
---|
| 2249 | + | 29 scope of the person's employment in a shelter care facility; |
---|
| 2250 | + | 30 (2) is employed by a: |
---|
| 2251 | + | 31 (A) school corporation; |
---|
| 2252 | + | 32 (B) charter school; |
---|
| 2253 | + | 33 (C) nonpublic school; or |
---|
| 2254 | + | 34 (D) special education cooperative; |
---|
| 2255 | + | 35 attended by a child who is the victim of a crime under this |
---|
| 2256 | + | 36 chapter; or |
---|
| 2257 | + | 37 (3) is: |
---|
| 2258 | + | 38 (A) affiliated with a: |
---|
| 2259 | + | 39 (i) school corporation; |
---|
| 2260 | + | 40 (ii) charter school; |
---|
| 2261 | + | 41 (iii) nonpublic school; or |
---|
| 2262 | + | 42 (iv) special education cooperative; |
---|
| 2263 | + | HB 1235—LS 7083/DI 116 53 |
---|
| 2264 | + | 1 attended by a child who is the victim of a crime under this |
---|
| 2265 | + | 2 chapter, regardless of how or whether the person is |
---|
| 2266 | + | 3 compensated; |
---|
| 2267 | + | 4 (B) in a position of trust in relation to a child who attends the |
---|
| 2268 | + | 5 school or cooperative; |
---|
| 2269 | + | 6 (C) engaged in the provision of care or supervision to a child |
---|
| 2270 | + | 7 who attends the school or cooperative; and |
---|
| 2271 | + | 8 (D) at least four (4) years older than the child who is the |
---|
| 2272 | + | 9 victim of a crime under this chapter. |
---|
| 2273 | + | 10 The term does not include a student who attends the school or |
---|
| 2274 | + | 11 cooperative. |
---|
| 2275 | + | 12 (e) As used in this section, "coach" means a person who: |
---|
| 2276 | + | 13 (1) provides care, supervision, or instruction to a child within the |
---|
| 2277 | + | 14 scope of the person's employment in a youth sports organization; |
---|
| 2278 | + | 15 (2) is employed by a youth sports organization attended by a child |
---|
| 2279 | + | 16 who is the victim of a crime under this chapter; or |
---|
| 2280 | + | 17 (3) is: |
---|
| 2281 | + | 18 (A) affiliated with a youth sports organization attended by a |
---|
| 2282 | + | 19 child who is the victim of a crime under this chapter, |
---|
| 2283 | + | 20 regardless of how or whether the person is compensated; |
---|
| 2284 | + | 21 (B) in a position of trust in relation to a child who participates |
---|
| 2285 | + | 22 in the youth sports organization; |
---|
| 2286 | + | 23 (C) engaged in the provision of care or supervision to a child |
---|
| 2287 | + | 24 who participates in the youth sports organization; and |
---|
| 2288 | + | 25 (D) at least four (4) years older than the child who is the |
---|
| 2289 | + | 26 victim of a crime under this chapter. |
---|
| 2290 | + | 27 This term includes a coach who is nonteaching or a volunteer. |
---|
| 2291 | + | 28 (f) As used in this section, "custodian" means any person who |
---|
| 2292 | + | 29 resides with a child and is responsible for the child's welfare. |
---|
| 2293 | + | 30 (g) As used in this section, "mental health professional" means: |
---|
| 2294 | + | 31 (1) a mental health counselor licensed under IC 25-23.6-8.5; |
---|
| 2295 | + | 32 (2) a psychologist; or |
---|
| 2296 | + | 33 (3) a psychiatrist. |
---|
| 2297 | + | 34 (h) As used in this section, "military recruiter" means a member of: |
---|
| 2298 | + | 35 (1) the United States Air Force; |
---|
| 2299 | + | 36 (2) the United States Army; |
---|
| 2300 | + | 37 (3) the United States Coast Guard; |
---|
| 2301 | + | 38 (4) the United States Marine Corps; |
---|
| 2302 | + | 39 (5) the United States Navy; |
---|
| 2303 | + | 40 (6) the United States Space Force; |
---|
| 2304 | + | 41 (6) (7) any reserve components of the military forces listed in |
---|
| 2305 | + | 42 subdivisions (1) through (5); or |
---|
| 2306 | + | HB 1235—LS 7083/DI 116 54 |
---|
| 2307 | + | 1 (7) (8) the Indiana National Guard; |
---|
| 2308 | + | 2 whose primary job function, classification, or specialty is recruiting |
---|
| 2309 | + | 3 individuals to enlist with an entity listed in subdivisions (1) through |
---|
| 2310 | + | 4 (7). (8). |
---|
| 2311 | + | 5 (i) As used in this section, "nonpublic school" has the meaning set |
---|
| 2312 | + | 6 forth in IC 20-18-2-12. |
---|
| 2313 | + | 7 (j) For purposes of this section, a person has a "professional |
---|
| 2314 | + | 8 relationship" with a child if: |
---|
| 2315 | + | 9 (1) the person: |
---|
| 2316 | + | 10 (A) has a license issued by the state or a political subdivision |
---|
| 2317 | + | 11 on the basis of the person's training and experience that |
---|
| 2318 | + | 12 authorizes the person to carry out a particular occupation; or |
---|
| 2319 | + | 13 (B) is employed in a position in which counseling, supervising, |
---|
| 2320 | + | 14 instructing, or recruiting children forms a significant part of |
---|
| 2321 | + | 15 the employment; and |
---|
| 2322 | + | 16 (2) the person has a relationship with a child that is based on the |
---|
| 2323 | + | 17 person's employment or licensed status as described in |
---|
| 2324 | + | 18 subdivision (1). |
---|
| 2325 | + | 19 The term includes a relationship between a child and a mental health |
---|
| 2326 | + | 20 professional or military recruiter. The term does not include a coworker |
---|
| 2327 | + | 21 relationship between a child and a person described in subdivision |
---|
| 2328 | + | 22 (1)(B). |
---|
| 2329 | + | 23 (k) As used in this section, "school corporation" has the meaning set |
---|
| 2330 | + | 24 forth in IC 20-18-2-16. |
---|
| 2331 | + | 25 (l) As used in this section, "special education cooperative" has the |
---|
| 2332 | + | 26 meaning set forth in IC 20-35-5-1. |
---|
| 2333 | + | 27 (m) As used in this section, "stepparent" means an individual who |
---|
| 2334 | + | 28 is married to a child's custodial or noncustodial parent and is not the |
---|
| 2335 | + | 29 child's adoptive parent. |
---|
| 2336 | + | 30 (n) As used in this section, "workplace supervisor" means an |
---|
| 2337 | + | 31 individual who has authority over a child while the child is employed |
---|
| 2338 | + | 32 at the child's place of employment. The term includes a person who is |
---|
| 2339 | + | 33 responsible for determining the child's wages (including whether the |
---|
| 2340 | + | 34 child will receive a raise) or who otherwise has the authority to take an |
---|
| 2341 | + | 35 adverse employment action against the child. |
---|
| 2342 | + | 36 (o) As used in this section, "youth sports organization" means an |
---|
| 2343 | + | 37 athletic or recreational program that is organized for: |
---|
| 2344 | + | 38 (1) competition against another team, club, or entity; or |
---|
| 2345 | + | 39 (2) athletic instruction; |
---|
| 2346 | + | 40 predominantly for children less than eighteen (18) years of age. |
---|
| 2347 | + | 41 (p) If a person who: |
---|
| 2348 | + | 42 (1) is at least eighteen (18) years of age; and |
---|
| 2349 | + | HB 1235—LS 7083/DI 116 55 |
---|
| 2350 | + | 1 (2) is the: |
---|
| 2351 | + | 2 (A) guardian, adoptive parent, adoptive grandparent, |
---|
| 2352 | + | 3 custodian, or stepparent of; |
---|
| 2353 | + | 4 (B) child care worker for; or |
---|
| 2354 | + | 5 (C) coach of; |
---|
| 2355 | + | 6 a child less than eighteen (18) years of age; |
---|
| 2356 | + | 7 engages with the child in sexual intercourse, other sexual conduct (as |
---|
| 2357 | + | 8 defined in IC 35-31.5-2-221.5), or any fondling or touching with the |
---|
| 2358 | + | 9 intent to arouse or satisfy the sexual desires of either the child or the |
---|
| 2359 | + | 10 adult, the person commits child seduction. |
---|
| 2360 | + | 11 (q) A person who: |
---|
| 2361 | + | 12 (1) has or had a professional relationship with a child less than |
---|
| 2362 | + | 13 eighteen (18) years of age whom the person knows to be less than |
---|
| 2363 | + | 14 eighteen (18) years of age; |
---|
| 2364 | + | 15 (2) may exert undue influence on the child because of the person's |
---|
| 2365 | + | 16 current or previous professional relationship with the child; and |
---|
| 2366 | + | 17 (3) uses or exerts the person's professional relationship to engage |
---|
| 2367 | + | 18 in sexual intercourse, other sexual conduct (as defined in |
---|
| 2368 | + | 19 IC 35-31.5-2-221.5), or any fondling or touching with the child |
---|
| 2369 | + | 20 with the intent to arouse or satisfy the sexual desires of the child |
---|
| 2370 | + | 21 or the person; |
---|
| 2371 | + | 22 commits child seduction. |
---|
| 2372 | + | 23 (r) A law enforcement officer who: |
---|
| 2373 | + | 24 (1) is at least four (4) years older than a child who is less than |
---|
| 2374 | + | 25 eighteen (18) years of age; |
---|
| 2375 | + | 26 (2) has contact with the child while acting within the scope of the |
---|
| 2376 | + | 27 law enforcement officer's official duties with respect to the child; |
---|
| 2377 | + | 28 and |
---|
| 2378 | + | 29 (3) uses or exerts the law enforcement officer's professional |
---|
| 2379 | + | 30 relationship with the child to engage with the child in: |
---|
| 2380 | + | 31 (A) sexual intercourse; |
---|
| 2381 | + | 32 (B) other sexual conduct (as defined in IC 35-31.5-2-221.5); |
---|
| 2382 | + | 33 or |
---|
| 2383 | + | 34 (C) any fondling or touching with the child with the intent to |
---|
| 2384 | + | 35 arouse or satisfy the sexual desires of the child or the law |
---|
| 2385 | + | 36 enforcement officer; |
---|
| 2386 | + | 37 commits child seduction. |
---|
| 2387 | + | 38 (s) In determining whether a person used or exerted the person's |
---|
| 2388 | + | 39 professional relationship with the child to engage in sexual intercourse, |
---|
| 2389 | + | 40 other sexual conduct (as defined in IC 35-31.5-2-221.5), or any |
---|
| 2390 | + | 41 fondling or touching with the intent to arouse or satisfy the sexual |
---|
| 2391 | + | 42 desires of the child or the person under this section, the trier of fact |
---|
| 2392 | + | HB 1235—LS 7083/DI 116 56 |
---|
| 2393 | + | 1 may consider one (1) or more of the following: |
---|
| 2394 | + | 2 (1) The age difference between the person and the child. |
---|
| 2395 | + | 3 (2) Whether the person was in a position of trust with respect to |
---|
| 2396 | + | 4 the child. |
---|
| 2397 | + | 5 (3) Whether the person's conduct with the child violated any |
---|
| 2398 | + | 6 ethical obligations of the person's profession or occupation. |
---|
| 2399 | + | 7 (4) The authority that the person had over the child. |
---|
| 2400 | + | 8 (5) Whether the person exploited any particular vulnerability of |
---|
| 2401 | + | 9 the child. |
---|
| 2402 | + | 10 (6) Any other evidence relevant to the person's ability to exert |
---|
| 2403 | + | 11 undue influence over the child. |
---|
| 2404 | + | 12 (t) This subsection does not apply to a workplace supervisor who |
---|
| 2405 | + | 13 had a dating relationship with the child before the child was employed |
---|
| 2406 | + | 14 at the place of employment. A workplace supervisor who: |
---|
| 2407 | + | 15 (1) is at least four (4) years older than a child who is less than |
---|
| 2408 | + | 16 eighteen (18) years of age; |
---|
| 2409 | + | 17 (2) supervises the child at the child's place of employment; and |
---|
| 2410 | + | 18 (3) uses or exerts the workplace supervisor's supervisory |
---|
| 2411 | + | 19 relationship with the child to engage with the child in: |
---|
| 2412 | + | 20 (A) sexual intercourse; |
---|
| 2413 | + | 21 (B) other sexual conduct (as defined in IC 35-31.5-2-221.5); |
---|
| 2414 | + | 22 or |
---|
| 2415 | + | 23 (C) any fondling or touching with the child with the intent to |
---|
| 2416 | + | 24 arouse or satisfy the sexual desires of the child or the |
---|
| 2417 | + | 25 workplace supervisor; |
---|
| 2418 | + | 26 commits child seduction. |
---|
| 2419 | + | 27 (u) In determining whether a workplace supervisor used or exerted |
---|
| 2420 | + | 28 the workplace supervisor's relationship with the child to engage in |
---|
| 2421 | + | 29 sexual intercourse, other sexual conduct (as defined in |
---|
| 2422 | + | 30 IC 35-31.5-2-221.5), or any fondling or touching with the intent to |
---|
| 2423 | + | 31 arouse or satisfy the sexual desires of the child or the workplace |
---|
| 2424 | + | 32 supervisor, the trier of fact may consider one (1) or more of the |
---|
| 2425 | + | 33 following: |
---|
| 2426 | + | 34 (1) The age difference between the workplace supervisor and the |
---|
| 2427 | + | 35 child. |
---|
| 2428 | + | 36 (2) Whether the workplace supervisor was in a position of trust |
---|
| 2429 | + | 37 with respect to the child. |
---|
| 2430 | + | 38 (3) Whether the workplace supervisor suggested to the child that |
---|
| 2431 | + | 39 engaging or not engaging in sexual activity with the workplace |
---|
| 2432 | + | 40 supervisor would or could affect the child at the child's place of |
---|
| 2433 | + | 41 employment. |
---|
| 2434 | + | 42 (4) The authority that the workplace supervisor had over the child. |
---|
| 2435 | + | HB 1235—LS 7083/DI 116 57 |
---|
| 2436 | + | 1 (5) Whether the workplace supervisor exploited any particular |
---|
| 2437 | + | 2 vulnerability of the child. |
---|
| 2438 | + | 3 (6) Any other evidence relevant to the workplace supervisor's |
---|
| 2439 | + | 4 ability to exert undue influence over the child. |
---|
| 2440 | + | 5 (v) Child seduction under this section is: |
---|
| 2441 | + | 6 (1) a Level 6 felony if the child is at least sixteen (16) years of age |
---|
| 2442 | + | 7 but less than eighteen (18) years of age and the person or law |
---|
| 2443 | + | 8 enforcement officer engaged in any fondling or touching with the |
---|
| 2444 | + | 9 intent to arouse or satisfy the sexual desires of: |
---|
| 2445 | + | 10 (A) the child; or |
---|
| 2446 | + | 11 (B) the person or law enforcement officer; |
---|
| 2447 | + | 12 (2) a Level 5 felony if the child is at least sixteen (16) years of age |
---|
| 2448 | + | 13 but less than eighteen (18) years of age and the person or law |
---|
| 2449 | + | 14 enforcement officer engaged in sexual intercourse or other sexual |
---|
| 2450 | + | 15 conduct (as defined in IC 35-31.5-2-221.5) with the child; |
---|
| 2451 | + | 16 (3) a Level 5 felony if the child is at least fourteen (14) years of |
---|
| 2452 | + | 17 age but less than sixteen (16) years of age and the person or law |
---|
| 2453 | + | 18 enforcement officer engaged in any fondling or touching with the |
---|
| 2454 | + | 19 intent to arouse or satisfy the sexual desires of: |
---|
| 2455 | + | 20 (A) the child; or |
---|
| 2456 | + | 21 (B) the person or law enforcement officer; |
---|
| 2457 | + | 22 (4) a Level 4 felony if the child is at least fourteen (14) years of |
---|
| 2458 | + | 23 age but less than sixteen (16) years of age and the person or law |
---|
| 2459 | + | 24 enforcement officer engaged in sexual intercourse or other sexual |
---|
| 2460 | + | 25 conduct (as defined in IC 35-31.5-2-221.5) with the child; |
---|
| 2461 | + | 26 (5) a Level 3 felony if the child is thirteen (13) years of age or |
---|
| 2462 | + | 27 under and the person or law enforcement officer engaged in any |
---|
| 2463 | + | 28 fondling or touching with the intent to arouse or satisfy the sexual |
---|
| 2464 | + | 29 desires of: |
---|
| 2465 | + | 30 (A) the child; or |
---|
| 2466 | + | 31 (B) the person or law enforcement officer; and |
---|
| 2467 | + | 32 (6) a Level 2 felony if the child is thirteen (13) years of age or |
---|
| 2468 | + | 33 under and the person or law enforcement officer engaged in |
---|
| 2469 | + | 34 sexual intercourse or other sexual conduct (as defined in |
---|
| 2470 | + | 35 IC 35-31.5-2-221.5) with the child. |
---|
| 2471 | + | 36 SECTION 68. IC 36-8-4-10, AS AMENDED BY P.L.110-2010, |
---|
| 2472 | + | 37 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 2473 | + | 38 JULY 1, 2025]: Sec. 10. (a) Subject to subsection (c), the board or |
---|
| 2474 | + | 39 persons having the authority to employ members of the fire or police |
---|
| 2475 | + | 40 department shall give a preference for employment according to the |
---|
| 2476 | + | 41 following priority: |
---|
2951 | | - | _____ |
---|
2952 | | - | COMMITTEE REPORT |
---|
2953 | | - | Mr. President: The Senate Committee on Veterans Affairs and The |
---|
2954 | | - | Military, to which was referred House Bill No. 1235, has had the same |
---|
2955 | | - | under consideration and begs leave to report the same back to the |
---|
2956 | | - | Senate with the recommendation that said bill be AMENDED as |
---|
2957 | | - | follows: |
---|
2958 | | - | Page 3, line 31, delete "with a disallowable" and insert "under |
---|
2959 | | - | conditions other than conditions set forth in IC 10-17-12-7.5(2).". |
---|
2960 | | - | Page 3, delete line 32. |
---|
2961 | | - | Page 6, line 6, delete "with a" and insert "under conditions other |
---|
2962 | | - | than conditions set forth in IC 10-17-12-7.5(2);". |
---|
2963 | | - | Page 6, delete line 7. |
---|
2964 | | - | Page 6, line 8, delete "under IC 10-17-12-10.5;". |
---|
2965 | | - | Page 7, line 4, delete "with a separation code that is determined to |
---|
2966 | | - | be" and insert "under conditions set forth in IC 10-17-12-7.5(2).". |
---|
2967 | | - | Page 7, line 5, delete "disallowable under IC 10-17-12-10.5.". |
---|
2968 | | - | Page 7, between lines 18 and 19, begin a new paragraph and insert: |
---|
2969 | | - | "SECTION 5. IC 4-23-34-9, AS ADDED BY P.L.3-2022, SECTION |
---|
2970 | | - | 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, |
---|
2971 | | - | 2025]: Sec. 9. The Indiana department of veterans' affairs department |
---|
2972 | | - | of natural resources shall furnish the necessary staff support for the |
---|
2973 | | - | EH 1235—LS 7083/DI 116 70 |
---|
2974 | | - | commission.". |
---|
2975 | | - | Page 7, line 21, strike "military or naval service" and insert "armed |
---|
2976 | | - | forces". |
---|
2977 | | - | Page 7, line 21, delete "with a" and insert "under conditions other |
---|
2978 | | - | than conditions set forth in IC 10-17-12-7.5(2),". |
---|
2979 | | - | Page 7, delete line 22. |
---|
2980 | | - | Page 7, line 23, delete "IC 10-17-12-10.5,". |
---|
2981 | | - | Page 7, line 38, delete "with a separation code" and insert "from |
---|
2982 | | - | service under conditions other than conditions set forth in |
---|
2983 | | - | IC 10-17-12-7.5(2).". |
---|
2984 | | - | Page 7, delete lines 39 through 40. |
---|
2985 | | - | Page 9, line 24, delete "with a separation code that is not |
---|
2986 | | - | determined" and insert "under conditions other than conditions set |
---|
2987 | | - | forth in IC 10-17-12-7.5(2).". |
---|
2988 | | - | Page 9, delete line 25. |
---|
2989 | | - | Page 11, line 5, delete "a" and insert "received a". |
---|
2990 | | - | Page 11, line 6, delete "with a separation code that is not determined |
---|
2991 | | - | to be" and insert "under conditions other than conditions set forth |
---|
2992 | | - | in IC 10-17-12-7.5(2).". |
---|
2993 | | - | Page 11, delete line 7. |
---|
2994 | | - | Page 11, line 25, delete "a" and insert "received a". |
---|
2995 | | - | Page 11, line 26, delete "with a separation code that is not |
---|
2996 | | - | determined to be" and insert "under conditions other than conditions |
---|
2997 | | - | set forth in IC 10-17-12-7.5(2).". |
---|
2998 | | - | Page 11, delete line 27. |
---|
2999 | | - | Page 12, line 6, delete "with a separation code that is not determined |
---|
3000 | | - | to be" and insert "under conditions other than conditions set forth |
---|
3001 | | - | in IC 10-17-12-7.5(2).". |
---|
3002 | | - | Page 12, delete line 7. |
---|
3003 | | - | Page 13, line 17, delete "with a separation code that is not |
---|
3004 | | - | determined" and insert "under conditions other than conditions set |
---|
3005 | | - | forth in IC 10-17-12-7.5(2).". |
---|
3006 | | - | Page 13, delete line 18. |
---|
3007 | | - | Page 14, line 36, delete "with a" and insert "under conditions other |
---|
3008 | | - | than conditions set forth in IC 10-17-12-7.5(2);". |
---|
3009 | | - | Page 14, delete lines 37 through 38. |
---|
3010 | | - | Page 16, line 7, delete "with a" and insert "under conditions other |
---|
3011 | | - | than conditions set forth in IC 10-17-12-7.5(2);". |
---|
3012 | | - | Page 16, delete lines 8 through 9. |
---|
3013 | | - | Page 18, line 7, delete "with a separation code that is not |
---|
3014 | | - | determined" and insert "under conditions other than conditions set |
---|
3015 | | - | forth in IC 10-17-12-7.5(2);". |
---|
3016 | | - | EH 1235—LS 7083/DI 116 71 |
---|
3017 | | - | Page 18, delete line 8. |
---|
3018 | | - | Page 19, line 23, delete "with a separation code that is not |
---|
3019 | | - | determined" and insert "under conditions other than conditions set |
---|
3020 | | - | forth in IC 10-17-12-7.5(2);". |
---|
3021 | | - | Page 19, line 24, delete "to be disallowable under |
---|
3022 | | - | IC 10-17-12-10.5;". |
---|
3023 | | - | Page 21, line 17, delete "with a separation code that is not" and |
---|
3024 | | - | insert "under conditions other than conditions set forth in |
---|
3025 | | - | IC 10-17-12-7.5(2).". |
---|
3026 | | - | Page 21, delete line 18. |
---|
3027 | | - | Page 21, line 36, delete "with a separation code that is not" and |
---|
3028 | | - | insert "under conditions other than conditions set forth in |
---|
3029 | | - | IC 10-17-12-7.5(2).". |
---|
3030 | | - | Page 21, delete line 37. |
---|
3031 | | - | Page 23, line 13, delete ", as appropriate,". |
---|
3032 | | - | Page 23, line 14, after "a" insert "recipient of the Medal of Honor |
---|
3033 | | - | or a". |
---|
3034 | | - | Page 24, line 35, delete "with a separation code that" and insert |
---|
3035 | | - | "under conditions other than conditions set forth in |
---|
3036 | | - | IC 10-17-12-7.5(2);". |
---|
3037 | | - | Page 24, delete line 36. |
---|
3038 | | - | Page 25, line 31, delete "with a" and insert "under conditions other |
---|
3039 | | - | than conditions set forth in IC 10-17-12-7.5(2),". |
---|
3040 | | - | Page 25, delete line 32. |
---|
3041 | | - | Page 25, line 33, delete "IC 10-17-12-10.5,". |
---|
3042 | | - | Page 27, line 23, delete "has been" and insert "received a discharge |
---|
3043 | | - | from military service under conditions other than conditions set |
---|
3044 | | - | forth in IC 10-17-12-7.5(2) and". |
---|
3045 | | - | Page 27, delete lines 24 through 25. |
---|
3046 | | - | Page 27, line 26, delete "IC 10-17-12-10.5". |
---|
3047 | | - | Page 28, line 31, strike "an". |
---|
3048 | | - | Page 28, line 32, strike "honorably discharged" and insert "a". |
---|
3049 | | - | Page 28, line 32, after "veteran" insert "who received a discharge |
---|
3050 | | - | from military service under conditions other than conditions set |
---|
3051 | | - | forth in IC 10-17-12-7.5(2)". |
---|
3052 | | - | Page 28, line 34, delete "has been discharged from military service |
---|
3053 | | - | with a" and insert "received a discharge from military service under |
---|
3054 | | - | conditions other than conditions set forth in IC 10-17-12-7.5(2).". |
---|
3055 | | - | Page 28, delete lines 35 through 36. |
---|
3056 | | - | Page 29, line 1, delete "with a separation code that is not" and insert |
---|
3057 | | - | "under conditions other than conditions set forth in |
---|
3058 | | - | IC 10-17-12-7.5(2).". |
---|
3059 | | - | EH 1235—LS 7083/DI 116 72 |
---|
3060 | | - | Page 29, delete line 2. |
---|
3061 | | - | Page 29, line 5, delete "with" and insert "under conditions other |
---|
3062 | | - | than conditions set forth in IC 10-17-12-7.5(2).". |
---|
3063 | | - | Page 29, delete lines 6 through 7. |
---|
3064 | | - | Page 29, line 10, strike "has been" and insert "is". |
---|
3065 | | - | Page 30, line 30, delete "the decedent's". |
---|
3066 | | - | Page 30, line 32, delete "with a separation code that is not |
---|
3067 | | - | determined" and insert "under conditions other than conditions set |
---|
3068 | | - | forth in IC 10-17-12-7.5(2); or". |
---|
3069 | | - | Page 30, delete line 33. |
---|
3070 | | - | Page 30, line 34, after "serving" insert "in". |
---|
3071 | | - | Page 30, line 36, delete "interested person must be" and insert |
---|
3072 | | - | "decedent must have been". |
---|
3073 | | - | Page 30, line 37, delete "." and insert "and must have been an |
---|
3074 | | - | Indiana resident at the time of death.". |
---|
3075 | | - | Page 31, delete lines 24 through 42, begin a new paragraph and |
---|
3076 | | - | insert: |
---|
3077 | | - | "SECTION 33. IC 10-17-11-10, AS AMENDED BY P.L.61-2023, |
---|
3078 | | - | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
3079 | | - | JULY 1, 2025]: Sec. 10. (a) A veteran who is eligible to be buried in |
---|
3080 | | - | a national cemetery according to 38 U.S.C. 2402 is eligible to be buried |
---|
3081 | | - | in the Indiana state veterans' cemetery established under by this |
---|
3082 | | - | chapter. |
---|
3083 | | - | (b) The spouse of a veteran who is eligible to be buried in a national |
---|
3084 | | - | cemetery according to 38 U.S.C. 2402 is eligible to be buried in the |
---|
3085 | | - | Indiana state veterans' cemetery established under by this chapter. |
---|
3086 | | - | (c) An individual who is a member of: |
---|
3087 | | - | (1) a reserve component of the armed forces of the United States: |
---|
3088 | | - | (A) who was discharged or released from service under |
---|
3089 | | - | conditions other than dishonorable; or |
---|
3090 | | - | (B) whose death occurs under conditions other than |
---|
3091 | | - | dishonorable while a member of a reserve component of the |
---|
3092 | | - | armed forces of the United States; |
---|
3093 | | - | (2) the Indiana Army National Guard or the Indiana Air National |
---|
3094 | | - | Guard: |
---|
3095 | | - | (A) who was discharged or released from service under |
---|
3096 | | - | conditions other than dishonorable; or |
---|
3097 | | - | (B) whose death occurs under conditions other than |
---|
3098 | | - | dishonorable while a member of the Indiana Army National |
---|
3099 | | - | Guard or the Indiana Air National Guard; or |
---|
3100 | | - | (3) the Reserve Officers' Training Corps of the United States |
---|
3101 | | - | Army, United States Navy, or United States Air Force whose |
---|
3102 | | - | EH 1235—LS 7083/DI 116 73 |
---|
3103 | | - | death occurs under conditions other than dishonorable while a |
---|
3104 | | - | member of the Reserve Officers' Training Corps of the United |
---|
3105 | | - | States Army, United States Navy, or United States Air Force; |
---|
3106 | | - | is eligible to be buried in the Indiana state veterans' cemetery |
---|
3107 | | - | established by this chapter. |
---|
3108 | | - | (d) The following relatives of an individual described in subsection |
---|
3109 | | - | (c) are eligible to be buried in the Indiana state veterans' cemetery |
---|
3110 | | - | established by this chapter: |
---|
3111 | | - | (1) A spouse. |
---|
3112 | | - | (2) A minor child. |
---|
3113 | | - | (3) An unmarried adult child.". |
---|
3114 | | - | Page 32, delete lines 1 through 21. |
---|
3115 | | - | Page 34, line 25, delete "was discharged or released from service |
---|
3116 | | - | described" and insert "received a discharge from military service |
---|
3117 | | - | under conditions other than conditions set forth in |
---|
3118 | | - | IC 10-17-12-7.5(2).". |
---|
3119 | | - | Page 34, delete lines 26 through 27. |
---|
3120 | | - | Page 37, line 18, strike "after service in" and insert "from". |
---|
3121 | | - | Page 37, line 19, delete "with a separation code that is not" and |
---|
3122 | | - | insert "under conditions other than conditions set forth in |
---|
3123 | | - | IC 10-17-12-7.5(2)". |
---|
3124 | | - | Page 37, line 20, delete "determined to be disallowable under |
---|
3125 | | - | IC 10-17-12-10.5". |
---|
3126 | | - | Page 38, line 3, delete "with a separation code that is not determined |
---|
3127 | | - | to" and insert "under conditions other than conditions set forth in |
---|
3128 | | - | IC 10-17-12-7.5(2).". |
---|
3129 | | - | Page 38, delete line 4. |
---|
3130 | | - | Page 38, line 14, delete "with a" and insert "under conditions other |
---|
3131 | | - | than conditions set forth in IC 10-17-12-7.5(2).". |
---|
3132 | | - | Page 38, delete lines 15 through 16. |
---|
3133 | | - | Page 40, line 23, reset in roman "under". |
---|
3134 | | - | Page 40, line 24, reset in roman "conditions other than |
---|
3135 | | - | dishonorable.". |
---|
3136 | | - | Page 40, line 24, delete "with a separation code that". |
---|
3137 | | - | Page 40, delete line 25. |
---|
3138 | | - | Page 43, line 35, delete "with a separation code that is not |
---|
3139 | | - | determined to be" and insert "under conditions other than conditions |
---|
3140 | | - | set forth in IC 10-17-12-7.5(2).". |
---|
3141 | | - | Page 43, delete line 36. |
---|
3142 | | - | Page 45, line 17, delete "with a". |
---|
3143 | | - | Page 45, delete line 18. |
---|
3144 | | - | Page 45, line 19, delete "IC 10-17-12-10.5". |
---|
3145 | | - | EH 1235—LS 7083/DI 116 74 |
---|
3146 | | - | Page 45, line 19, after "service" delete "," and insert "under |
---|
3147 | | - | conditions other than conditions set forth in IC 10-17-12-7.5(2),". |
---|
3148 | | - | Page 45, line 32, delete "with". |
---|
3149 | | - | Page 45, delete line 33. |
---|
3150 | | - | Page 45, line 34, delete "under IC 10-17-12-10.5". |
---|
3151 | | - | Page 45, line 34, delete ";" and insert "under conditions other than |
---|
3152 | | - | conditions set forth in IC 10-17-12-7.5(2);". |
---|
3153 | | - | Page 46, line 3, strike "holds". |
---|
3154 | | - | Page 46, line 3, delete "a discharge with a separation code" and |
---|
3155 | | - | insert "received a discharge from military service under conditions |
---|
3156 | | - | other than conditions set forth in IC 10-17-12-7.5(2)". |
---|
3157 | | - | Page 46, delete line 4. |
---|
3158 | | - | Page 47, line 27, strike "holds". |
---|
3159 | | - | Page 47, line 27, delete "a discharge with" and insert "received a |
---|
3160 | | - | discharge". |
---|
3161 | | - | Page 47, delete line 28. |
---|
3162 | | - | Page 47, line 29, delete "IC 10-17-12-10.5". |
---|
3163 | | - | Page 47, line 29, after "States" insert "under conditions other than |
---|
3164 | | - | conditions set forth in IC 10-17-12-7.5(2)". |
---|
3165 | | - | Page 57, delete lines 36 through 42, begin a new paragraph and |
---|
3166 | | - | insert: |
---|
3167 | | - | "SECTION 68. IC 36-8-4-10, AS AMENDED BY P.L.110-2010, |
---|
3168 | | - | SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
3169 | | - | JULY 1, 2025]: Sec. 10. (a) Subject to subsection (c), the board or |
---|
3170 | | - | persons having the authority to employ members of the fire or police |
---|
3171 | | - | department shall give a preference for employment according to the |
---|
3172 | | - | following priority: |
---|
3173 | | - | (1) A war veteran who has been honorably discharged from the |
---|
3174 | | - | armed forces of the United States under conditions other than |
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3175 | | - | conditions set forth in IC 10-17-12-7.5(2). armed forces. |
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3176 | | - | (2) A person whose mother or father was a: |
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3177 | | - | (A) firefighter of a unit; |
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3178 | | - | (B) municipal police officer; or |
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3179 | | - | (C) county police officer; |
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3180 | | - | who died in the line of duty (as defined in IC 5-10-10-2). |
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3181 | | - | (b) Subject to subsection (c), the board or person having the |
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3182 | | - | authority to employ members of a fire or police department may give |
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3183 | | - | a preference for employment to any of the following: |
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3184 | | - | (1) A police officer or firefighter laid off by another city under |
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3185 | | - | section 11 of this chapter. |
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3186 | | - | (2) A county police officer laid off by a sheriff's department under |
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3187 | | - | IC 36-8-10-11.1. |
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3188 | | - | EH 1235—LS 7083/DI 116 75 |
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3189 | | - | (3) A person who: |
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3190 | | - | (A) was employed full-time or part-time by a township to |
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3191 | | - | provide fire protection and emergency services; and |
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3192 | | - | (B) has been laid off by the township. |
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3193 | | - | (c) A person described in subsection (a) or (b) may not receive a |
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3194 | | - | preference for employment unless the person: |
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3195 | | - | (1) applies; and |
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3196 | | - | (2) meets all employment requirements prescribed: |
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3197 | | - | (A) by law, including physical and age requirements; and |
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3198 | | - | (B) by the fire or police department.". |
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3199 | | - | Page 58, delete lines 1 through 24. |
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3200 | | - | Page 58, delete lines 36 through 42, begin a new paragraph and |
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3201 | | - | insert: |
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3202 | | - | "SECTION 70. IC 36-8-4.7-5, AS ADDED BY P.L.115-2016, |
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3203 | | - | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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3204 | | - | JULY 1, 2025]: Sec. 5. (a) Notwithstanding any contrary law, an |
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3205 | | - | appointing authority shall waive any age restriction for a person not |
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3206 | | - | more than forty (40) years and six (6) months of age that applies to the |
---|
3207 | | - | appointment and hiring of an individual as: |
---|
3208 | | - | (1) a member of the police department; or |
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3209 | | - | (2) a member of the fire department; |
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3210 | | - | if the individual meets the requirements of subsection (b). |
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3211 | | - | (b) An individual who meets all the following requirements is |
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3212 | | - | entitled to the waiver described in subsection (a): |
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3213 | | - | (1) On the date the individual applies to be appointed and hired |
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3214 | | - | as: |
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3215 | | - | (A) a member of the police department; or |
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3216 | | - | (B) a member of the fire department; |
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3217 | | - | the individual is a veteran who has completed at least twenty (20) |
---|
3218 | | - | years of military service. |
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3219 | | - | (2) The individual received or is eligible to receive an honorable |
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3220 | | - | a discharge from the armed forces of the United States under |
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3221 | | - | conditions other than conditions set forth in |
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3222 | | - | IC 10-17-12-7.5(2). |
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3223 | | - | (3) The individual meets all other requirements for appointment |
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3224 | | - | and hiring as: |
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3225 | | - | (A) a member of the police department; or |
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3226 | | - | (B) a member of the fire department; |
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3227 | | - | including all physical requirements. |
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3228 | | - | (c) An individual who is entitled to the waiver described in |
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3229 | | - | subsection (a) is eligible to become a member of the 1977 fund.". |
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3230 | | - | Page 59, delete lines 1 through 21. |
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3231 | | - | EH 1235—LS 7083/DI 116 76 |
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3232 | | - | Page 59, line 28, delete "with a separation code that is not" and |
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3233 | | - | insert "under conditions other than conditions set forth in |
---|
3234 | | - | IC 10-17-12-7.5(2)". |
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3235 | | - | Page 59, line 29, delete "determined to be disallowable under |
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3236 | | - | IC 10-17-12-10.5". |
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3237 | | - | Page 59, delete lines 39 through 42, begin a new paragraph and |
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3238 | | - | insert: |
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3239 | | - | "SECTION 72. IC 36-8-10-10.4, AS AMENDED BY P.L.110-2010, |
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3240 | | - | SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
3241 | | - | JULY 1, 2025]: Sec. 10.4. (a) Subject to subsection (c), the board shall |
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3242 | | - | give a preference for employment according to the following priority: |
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3243 | | - | (1) A war veteran who has been honorably discharged from the |
---|
3244 | | - | armed forces of the United States armed forces under |
---|
3245 | | - | conditions other than conditions set forth in |
---|
3246 | | - | IC 10-17-12-7.5(2). |
---|
3247 | | - | (2) A person whose mother or father was a: |
---|
3248 | | - | (A) firefighter of a unit; |
---|
3249 | | - | (B) municipal police officer; or |
---|
3250 | | - | (C) county police officer; |
---|
3251 | | - | who died in the line of duty (as defined in IC 5-10-10-2). |
---|
3252 | | - | (b) Subject to subsection (c), the board may give a preference for |
---|
3253 | | - | employment to any of the following: |
---|
3254 | | - | (1) A member of another department laid off under section 11.1 |
---|
3255 | | - | of this chapter. |
---|
3256 | | - | (2) A police officer laid off by a city under IC 36-8-4-11. |
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3257 | | - | (c) A person described in subsection (a) or (b) may not receive a |
---|
3258 | | - | preference for employment unless the person: |
---|
3259 | | - | (1) applies; and |
---|
3260 | | - | (2) meets all employment requirements prescribed: |
---|
3261 | | - | (A) by law, including physical and age requirements; and |
---|
3262 | | - | (B) by the department.". |
---|
3263 | | - | Page 60, delete lines 1 through 19. |
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3264 | | - | Page 60, line 33, after "the" insert "armed forces of the". |
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3265 | | - | Page 60, line 33, after "States" strike "armed forces". |
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3266 | | - | Page 60, line 33, delete "with a separation code that" and insert |
---|
3267 | | - | "under conditions other than conditions set forth in |
---|
3268 | | - | IC 10-17-12-7.5(2).". |
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3269 | | - | Page 60, delete lines 34 through 35. |
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3270 | | - | Renumber all SECTIONS consecutively. |
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3271 | | - | and when so amended that said bill do pass and be reassigned to the |
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3272 | | - | Senate Committee on Appropriations. |
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3273 | | - | EH 1235—LS 7083/DI 116 77 |
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3274 | | - | (Reference is to HB 1235 as reprinted February 18, 2025.) |
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3275 | | - | TOMES, Chairperson |
---|
3276 | | - | Committee Vote: Yeas 6, Nays 1. |
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3277 | | - | EH 1235—LS 7083/DI 116 |
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| 2941 | + | HB 1235—LS 7083/DI 116 |
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