AN ACT to amend the Indiana Code concerning state police, civil defense and military
affairs.
SECTION 1. IC 10-10 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2003]:
ARTICLE 10. EFFECT OF RECODIFICATION OF TITLE 10
Chapter 1. Effect of Recodification by the Act of the 2003
Regular Session of the General Assembly
Sec. 1. As used in this chapter, "prior law" refers to the statutes
concerning state police, civil defense, emergency management,
military affairs, veterans affairs, and war memorials that are
repealed or amended in the recodification act of the 2003 regular
session of the general assembly as the statutes existed before the
effective date of the applicable or corresponding provision of the
recodification act of the 2003 regular session of the general
assembly.
Sec. 2. The purpose of the recodification act of the 2003 regular
session of the general assembly is to recodify prior law in a style
that is clear, concise, and easy to interpret and apply. Except to the
extent that:
(1) the recodification act of the 2003 regular session of the
general assembly is amended to reflect the changes made in a
provision of another bill that adds to, amends, or repeals a
provision in the recodification act of the 2003 regular session
of the general assembly; or
(2) the minutes of meetings of the code revision commission
during 2002 expressly indicate a different purpose;
the substantive operation and effect of the prior law continue
uninterrupted as if the recodification act of the 2003 regular
session of the general assembly had not been enacted.
Sec. 3. Subject to section 2 of this chapter, sections 4 through 9
of this chapter shall be applied to the statutory construction of the
recodification act of the 2003 regular session of the general
assembly.
Sec. 4. (a) The recodification act of the 2003 regular session of
the general assembly does not affect:
(1) any rights or liabilities accrued;
(2) any penalties incurred;
(3) any violations committed;
(4) any proceedings begun;
(5) any bonds, notes, loans, or other forms of indebtedness
issued, incurred, or made;
(6) any tax levies made or authorized;
(7) any funds established;
(8) any patents issued;
(9) the validity, continuation, or termination of any contracts,
easements, or leases executed;
(10) the validity, continuation, scope, termination, suspension,
or revocation of:
(A) permits;
(B) licenses;
(C) certificates of registration;
(D) grants of authority; or
(E) limitations of authority; or
(11) the validity of court decisions entered regarding the
constitutionality of any provision of the prior law;
before the effective date of the recodification act of the 2003
regular session of the general assembly (July 1, 2003). Those rights,
liabilities, penalties, violations, proceedings, bonds, notes, loans,
other forms of indebtedness, tax levies, funds, patents, contracts,
easements, leases, permits, licenses, certificates of registration,
grants of authority, and limitations of authority continue and shall
be imposed and enforced under prior law as if the recodification
act of the 2003 regular session of the general assembly had not
been enacted.
(b) The recodification act of the 2003 regular session of the
general assembly does not:
(1) extend or cause to expire a permit, license, certificate of
registration, or other grant or limitation of authority; or
(2) in any way affect the validity, scope, or status of a license,
permit, certificate of registration, or other grant or limitation
of authority;
issued under the prior law.
(c) The recodification act of the 2003 regular session of the
general assembly does not affect the revocation, limitation, or
suspension of a permit, license, certificate of registration, or other
grant or limitation of authority based in whole or in part on
violations of the prior law or the rules adopted under the prior law.
Sec. 5. The recodification act of the 2003 regular session of the
general assembly shall be construed as a recodification of prior
law. Except as provided in section 2(1) and 2(2) of this chapter, if
the literal meaning of the recodification act of the 2003 regular
session of the general assembly (including a literal application of
an erroneous change to an internal reference) would result in a
substantive change in the prior law, the difference shall be
construed as a typographical, spelling, or other clerical error that
must be corrected by:
(1) inserting, deleting, or substituting words, punctuation, or
other matters of style in the recodification act of the 2003
regular session of the general assembly; or
(2) using any other rule of statutory construction;
as necessary or appropriate to apply the recodification act of the
2003 regular session of the general assembly in a manner that does
not result in a substantive change in the law. The principle of
statutory construction that a court must apply the literal meaning
of an act if the literal meaning of the act is unambiguous does not
apply to the recodification act of the 2003 regular session of the
general assembly to the extent that the recodification act of the
2003 regular session of the general assembly is not substantively
identical to the prior law.
Sec. 6. Subject to section 9 of this chapter, a reference in a
statute or rule to a statute that is repealed and replaced in the same
or a different form in the recodification act of the 2003 regular
session of the general assembly shall be treated after the effective
date of the new provision as a reference to the new provision.
Sec. 7. A citation reference in the recodification act of the 2003
regular session of the general assembly to another provision of the
recodification act of the 2003 regular session of the general
assembly shall be treated as including a reference to the provision
of prior law that is substantively equivalent to the provision of the
recodification act of the 2003 regular session of the general
assembly that is referred to by the citation reference.
Sec. 8. (a) As used in the recodification act of the 2003 regular
session of the general assembly, a reference to rules adopted under
any provision of this title or under any other provision of the
recodification act of the 2003 regular session of the general
assembly refers to either:
(1) rules adopted under the recodification act of the 2003
regular session of the general assembly; or
(2) rules adopted under the prior law until those rules have
been amended, repealed, or superseded.
(b) Rules adopted under the prior law continue in effect after
June 30, 2003, until the rules are amended, repealed, or suspended.
Sec. 9. (a) A reference in the recodification act of the 2003
regular session of the general assembly to a citation in the prior
law before its repeal is added in certain sections of the
recodification act of the 2003 regular session of the general
assembly only as an aid to the reader.
(b) The inclusion or omission in the recodification act of the
2003 regular session of the general assembly of a reference to a
citation in the prior law before its repeal does not affect:
(1) any rights or liabilities accrued;
(2) any penalties incurred;
(3) any violations committed;
(4) any proceedings begun;
(5) any bonds, notes, loans, or other forms of indebtedness
issued, incurred, or made;
(6) any tax levies made;
(7) any funds established;
(8) any patents issued;
(9) the validity, continuation, or termination of contracts,
easements, or leases executed;
(10) the validity, continuation, scope, termination, suspension,
or revocation of:
(A) permits;
(B) licenses;
(C) certificates of registration;
(D) grants of authority; or
(E) limitations of authority; or
(11) the validity of court decisions entered regarding the
constitutionality of any provision of the prior law;
before the effective date of the recodification act of the 2003
regular session of the general assembly (July 1, 2003). Those rights,
liabilities, penalties, violations, proceedings, bonds, notes, loans,
other forms of indebtedness, tax levies, funds, patents, contracts,
easements, leases, permits, licenses, certificates of registration,
grants of authority, and limitations of authority continue and shall
be imposed and enforced under prior law as if the recodification
act of the 2003 regular session of the general assembly had not
been enacted.
(c) The inclusion or omission in the recodification act of the
2003 regular session of the general assembly of a citation to a
provision in the prior law does not affect the use of a prior
conviction, violation, or noncompliance under the prior law as the
basis for revocation of a license, permit, certificate of registration,
or other grant of authority under the recodification act of the 2003
regular session of the general assembly, as necessary or
appropriate to apply the recodification act of the 2003 regular
session of the general assembly in a manner that does not result in
a substantive change in the law.
SECTION 2. IC 10-11 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2003]:
ARTICLE 11. STATE POLICE
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
Sec. 2. "Board" refers to the state police board established by
IC 10-11-2-5.
Sec. 3. "Department" refers to the state police department
established by IC 10-11-2-4.
Sec. 4. "Superintendent" refers to the superintendent of the
department appointed under IC 10-11-2-6.
Chapter 2. State Police Department
Sec. 1. As used in this chapter, "civilian employee" means an
employee assigned to a position other than a position having police
rank as a peace officer.
Sec. 2. (a) As used in this chapter, "employee" means an
employee of the department.
(b) The term includes police employees.
Sec. 3. As used in this chapter, "police employee" means an
employee who is assigned police work as a peace officer under
section 21 of this chapter.
Sec. 4. The state police department is established.
Sec. 5. (a) The state police board is established. The board shall
administer, manage, and control the department.
(b) The board consists of six (6) members appointed by the
governor, not more than three (3) of whom may belong to the same
political party. A member of the board appointed by the governor
shall serve for a term of four (4) years except when appointed to fill
a vacancy for an unexpired term. In making appointments to the
board, the governor shall select one (1) member from each of six
(6) geographical regions in Indiana as described in subsection (d).
Each member must be a permanent resident of the region from
which the member is appointed.
(c) As vacancies occur, the governor shall select new members
by region, beginning with the lowest numbered region that is not
represented and continuing in that manner until each region is
represented.
(d) For purposes of appointments to the state police board, the
geographical regions described in subsections (b) and (c) are as
follows:
(1) Region I is comprised of Lake, Porter, LaPorte, Newton,
Jasper, Starke, Pulaski, Benton, White, Warren, and Fountain
counties.
(2) Region II is comprised of St. Joseph, Elkhart, LaGrange,
Steuben, Marshall, Kosciusko, Noble, DeKalb, Whitley, and
Allen counties.
(3) Region III is comprised of Fulton, Cass, Miami, Wabash,
Huntington, Wells, Adams, Carroll, Howard, Grant,
Blackford, Tippecanoe, Clinton, Tipton, Madison,
Montgomery, Boone, Hamilton, and Jay counties.
(4) Region IV is comprised of Hendricks, Marion, and
Hancock counties.
(5) Region V is comprised of Vermillion, Parke, Putnam,
Morgan, Vigo, Clay, Owen, Monroe, Brown, Sullivan, Greene,
Knox, Daviess, Martin, Lawrence, Gibson, Pike, Dubois,
Orange, Crawford, Posey, Vanderburgh, Warrick, Spencer,
and Perry counties.
(6) Region VI is comprised of Delaware, Randolph, Henry,
Wayne, Johnson, Shelby, Rush, Fayette, Union, Bartholomew,
Decatur, Franklin, Jackson, Jennings, Ripley, Dearborn,
Ohio, Washington, Scott, Jefferson, Switzerland, Clark,
Harrison, and Floyd counties.
without cause.
Sec. 7. The department shall be organized in conformity with
the rules adopted by the board.
Sec. 8. (a) The state purchasing agent shall purchase all personal
property, supplies, and equipment the department needs.
(b) All capital expenditures shall be made with the approval of
the budget committee.
(c) The salaries and compensation of police employees and other
employees shall be fixed by the board with the approval of the
governor.
Sec. 9. The superintendent, with the approval of the board, may
adopt rules for the government of the department.
Sec. 10. (a) The superintendent, with the approval of the board,
shall establish a classification of ranks, grades, and positions in the
department.
(b) For each rank, grade, and position established, the
superintendent shall designate the authority and responsibility
within the limits of this chapter.
(c) For each rank, grade, and position established, the
superintendent shall set standards of qualifications in conformity
with the plans and standards most widely adopted in other states,
dominions, and provinces. The superintendent shall fix the
prerequisites of training, education, and experience for each rank,
grade, and position.
(d) The board, with the approval of the budget agency and the
governor, shall prescribe the salaries to be paid for each rank,
grade, and position.
(e) The superintendent, with the approval of the board and in
accordance with the rules adopted by the superintendent, shall
designate the rank, grade, and position held by each employee of
the department until the superintendent designates an employee to
hold another rank, grade, or position. The superintendent may
assign and reassign each employee of the department to serve at
stations and to perform within the limits of this chapter the duties
the superintendent designates to the employee. The superintendent
may determine the conditions and amounts of bonds required in
appropriate cases.
Sec. 11. (a) The superintendent, with the approval of the board
and the budget agency, may accept for use by the department a
motor vehicle forfeited under IC 16-42-20-5.
(b) If the department accepts a vehicle described in subsection
(a), the department shall pay all proper expenses of the
proceedings for forfeiture and sale, including expenses of seizure,
maintenance of custody, and advertising and court costs.
Sec. 12. (a) The superintendent:
(1) with the approval of the board;
(2) within the limits of any appropriation made available for
the purpose; and
(3) subject to section 14 of this chapter;
shall appoint personnel to the ranks, grades, and positions of the
department that the superintendent considers necessary for the
efficient administration of the department.
(b) The superintendent, consistent with prescribed standards
and prerequisites, shall make appointments to the ranks, grades,
and positions of the department in a manner that creates and
maintains in the ranks, grades, and positions personnel not more
than fifty percent (50%) of whom belong to any one (1) political
party. If any of the ranks, grades, or positions contains personnel
more than fifty percent (50%) of whom belong to any one (1)
political party, a person who belongs to the party containing more
than fifty percent (50%) of the personnel may not be appointed or
promoted to the rank, grade, or position if the condition exists.
(c) The superintendent shall:
(1) devise and administer examinations designed to test
applicants in the qualifications required for each rank, grade,
or position; and
(2) appoint only those applicants who best meet the prescribed
standards and prerequisites.
(d) An employee appointed to the department is on probation
for one (1) year from the date of appointment. The board may
extend the employee's probationary status for cause for a period of
not more than one (1) additional year.
(e) An employee may:
(1) be a candidate for elected office or a political party office
if permitted under 5 U.S.C. 1502 and serve in that office if
elected;
(2) be appointed to or selected for a pro tempore appointment
to any office and serve in that office if appointed or selected;
and
(3) if the employee is not on duty, solicit votes and campaign
funds and challenge voters for the office for which the person
is a candidate.
An employee may serve in a part-time local elected office.
However, service in a part-time local elected office must be in
accordance with IC 4-2-6 and the rules and employee policies of the
department. If elected to other than a part-time local elected office,
the employee or appointee shall resign as an employee or appointee
before assuming elected office.
Sec. 13. (a) The board shall categorize salaries of police
employees within each rank based upon the rank held and the
number of years of service in the department through the tenth
year. The salary ranges the board assigns to each rank shall be
divided into a base salary and ten (10) increments above the base
salary, with:
(1) the base salary in the rank paid to a person with less than
one (1) year of service in the department; and
(2) the highest salary in the rank paid to a person with at least
ten (10) years of service in the department.
(b) For purposes of creating the salary matrix prescribed by this
section, the board may not approve salary ranges for any rank that
are less than the salary ranges effective for that rank on January
1, 1995.
(c) The salary matrix prescribed by this section shall be
reviewed and approved by the budget agency before
implementation.
Sec. 14. (a) The superintendent, with the approval of the board,
shall organize and maintain a training school for police employees
of the department.
(b) A police employee may not be assigned to regular active duty
until the police employee receives the training and successfully
passes the course for probationers prescribed by the
superintendent.
(c) Training courses, other than for probationers, shall be
prescribed and conducted by the superintendent for all police
employees of the department.
Sec. 15. (a) The superintendent may discharge, demote, or
temporarily suspend an employee of the department for cause,
after setting forth charges in writing.
(b) The charges may be based on any violation of the laws of
Indiana or any violation of the rules of the department approved
by the board. A copy of the charges shall be personally delivered
to the employee by the employee's immediate commanding officer.
(c) An employee who is charged under this section has a right to
answer the charges in a personal appearance before the
superintendent. The superintendent shall set the appearance not
less than five (5) days after the delivery of the copy of the written
charges to the employee.
(d) Under the charges and after the personal appearance under
this section, disciplinary action taken by the superintendent is
subject to review at a public hearing before the board if the
hearing is demanded by the disciplined employee not later than
fifteen (15) days after receiving notice of the disciplinary action.
The notice shall be by certified mail, return receipt requested, and
shall be addressed to the employee at the employee's last known
place of residence. If the employee fails to request a hearing before
the board not later than fifteen (15) days after receiving notice of
disciplinary action, as provided in this section, the decision and
action of the superintendent are final and not subject to review.
(e) An employee who requests a hearing before the board under
this section may be represented by counsel. The attorney general
shall appear in the case to represent the interests of the people of
the state.
(f) The state has the burden of proving the charges giving rise
to the hearing. The procedure in a hearing before the board is
informal and without recourse to the technical common law rules
of evidence required in proceedings in courts.
(g) The board shall:
(1) designate a reporter for the hearing; and
(2) after all evidence has been introduced, make an informal
finding of facts and a determination based upon the facts.
(h) The board shall notify the employee of its findings and
determination by certified mail, return receipt requested,
addressed to the employee at the employee's last known place of
residence. If aggrieved by the determination, an employee may
seek judicial review under IC 4-21.5-5.
(i) Probationers may be discharged, demoted, or temporarily
suspended without right to a hearing before the board.
(j) An employee may not be discharged, demoted, temporarily
suspended, or disciplined:
(1) because of political affiliation; or
(2) after the employee's probationary period, except as
provided in this chapter.
(k) This chapter may not be construed to prevent the exercise of
disciplinary measures by commanding officers within the
department under the rules approved by the board.
Sec. 16. (a) This section applies to the issuance of a citation for
a traffic violation under:
(1) IC 9; or
of their duties.
(b) The vouchers shall be audited and paid out of the
appropriations for the department in the manner provided by law.
(c) Allowances for lodging and subsistence while away from
official station may be paid to the employees of the department
under the terms and conditions that the superintendent may
prescribe. The superintendent may provide lodging and subsistence
for employees of the department at their official stations.
Sec. 20. (a) The superintendent shall establish headquarters and
stations in localities the superintendent considers advisable for the
enforcement of the laws of the state.
(b) Within the limits of appropriations, the superintendent may
do the following:
(1) Purchase, lease, or otherwise acquire suitable places,
lands, buildings, or rooms as local headquarters.
(2) Erect and equip buildings and headquarters as necessary.
(3) Purchase or otherwise acquire motor equipment, horses,
and other services, commodities, and equipment the
superintendent considers essential for the needs of the
employees of the department in carrying out their duties.
(4) Discontinue any headquarters or stations if the
superintendent considers it desirable for the proper
enforcement of the laws of the state.
(5) Purchase and install any approved standard mechanical
devices or equipment for the instantaneous or rapid
transmission or broadcasting of any information concerning
crime or the apprehension of criminals.
(c) The superintendent, with the approval of the board, may sell,
dispose of, or destroy property that becomes unnecessary or unfit
for further use by the department. Any money received from a sale
under this subsection shall be deposited in the state treasury as a
special fund to be used for the purchase of new equipment. The
fund does not revert to the state general fund.
(d) Authority vested in the superintendent under this section
shall be exercised with the approval of the board.
Sec. 21. (a) The officers and police employees of the department
have all necessary police powers:
(1) to enforce the laws of the state for the regulation and use
of vehicles;
(2) for the protection of the surface or other physical part of
the highways in Indiana; and
(3) without writ or warrant, to make an arrest for violation of
the laws of the state for the regulation and use of vehicles
when the violation is committed in their presence.
(b) The police employees of the department shall:
(1) prevent and detect offenses;
(2) apprehend offenders;
(3) enforce the laws; and
(4) perform other duties imposed upon them by law.
(c) Police employees of the department have:
(1) in any part of Indiana, the same powers concerning
criminal matters and the enforcement of related laws as
sheriffs, constables, and police officers have in their respective
jurisdictions; and
(2) power to act as agents for the state on return of parolees,
fugitives from justice, and persons extradited to Indiana for
offenses.
(d) A warrant of arrest or search warrant may be executed by
any police employee of the department in any part of the state,
according to the terms of the warrant without endorsement.
(e) Police employees are subject to the call of the governor. The
governor may assign to the department other police duties that the
executive department considers advisable, including the duties
performed by deputy fire marshals.
(f) Police employees have power to arrest, without warrant, a
person who is committing or attempting to commit in their
presence or view a violation of the laws of the state.
(g) Under order of the superintendent, police employees may
cooperate with any other department of the state or with local
authorities.
(h) Police employees may not:
(1) exercise their powers within the limits of a city in labor
disputes; or
(2) suppress rioting and disorder;
except by direction of the governor or upon the request of the
mayor of the city with the approval of the governor or, if the
governor is not available, with the approval of the lieutenant
governor. Outside the limits of a city, police employees may not
exercise their power in labor disputes except by direction of the
governor or upon the request of the judge of the circuit court of the
county, with the approval of the governor or, if the governor is not
available, with the approval of the lieutenant governor.
(i) The control or direction of the officers or members of the
department may not be transferred or delegated to any other
agency or officer of the state or any subdivision of the state.
Sec. 22. (a) The members of the department:
(1) shall take fingerprints and any other identification data
prescribed by the superintendent of persons taken into
custody for felonies; and
(2) may, if they consider it advisable, take the fingerprints and
other data of persons taken into custody for offenses other
than felonies.
(b) Members of the department shall promptly transmit and file
fingerprints and other data collected under this section.
Sec. 23. The employees of the department shall cooperate and
exchange information with:
(1) any other department or authority of the state or with
other police forces, both within and outside Indiana; and
(2) federal police forces;
to achieve greater success in preventing and detecting crimes and
apprehending criminals.
Sec. 24. (a) Except as provided in subsection (b), a person who
has charge of a jail, prison, correctional facility, or other place of
detention shall:
(1) receive a prisoner arrested by a police employee of the
department within the jurisdiction served by the jail; and
(2) detain the prisoner in custody until otherwise ordered by
a court or by the superintendent.
A person who refuses to receive a prisoner or who releases a
prisoner except as directed may be removed from office by the
governor.
(b) A person who has charge of a jail, prison, correctional
facility, or other place of detention may not receive or detain a
prisoner in custody under subsection (a) until the arresting police
employee has had the prisoner examined by a physician or
competent medical personnel if the prisoner appears to be:
(1) unconscious;
(2) suffering from a serious illness;
(3) suffering from a serious injury; or
(4) seriously impaired by alcohol, a controlled substance (as
defined in IC 35-48-1-9), a drug other than a controlled
substance, or a combination of alcohol, a controlled substance,
or drugs.
(c) Except as provided in subsection (d), the cost of the
examination and resulting treatment under subsection (b) is the
financial responsibility of the prisoner receiving the examination
or treatment.
(d) If a prisoner is unable to bear the financial responsibility for
the cost of the examination and treatment under subsection (b), the
prisoner may apply for indigent medical assistance.
Sec. 25. All rights, duties, and liabilities of the state police
department and its employees provided by IC 10-1-2 (before its
repeal) and IC 10-12-2 are continued and preserved in the state
police department established by this chapter and in those eligible
to receive its benefits as though this chapter had not been enacted.
Sec. 26. (a) The superintendent may assign qualified persons
who are not state police officers to supervise or operate permanent
or portable weigh stations. A person assigned under this section
may stop, inspect, and issue citations to operators of trucks and
trailers having a declared gross weight of at least eleven thousand
(11,000) pounds and buses at a permanent or portable weigh
station or while operating a clearly marked Indiana state police
vehicle for violations of the following:
(1) IC 6-1.1-7-10.
(2) IC 6-6-1.1-1202.
(3) IC 6-6-2.5.
(4) IC 6-6-4.1-12.
(5) IC 8-2.1.
(6) IC 9-18.
(7) IC 9-19.
(8) IC 9-20.
(9) IC 9-21-7-2 through IC 9-21-7-11.
(10) IC 9-21-8-41 pertaining to the duty to obey an official
traffic control device for a weigh station.
(11) IC 9-21-8-45 through IC 9-21-8-48.
(12) IC 9-21-9.
(13) IC 9-21-15.
(14) IC 9-24-1-1 through IC 9-24-1-3.
(15) IC 9-24-1-7.
(16) Except as provided in subsection (c), IC 9-24-1-6,
IC 9-24-6-16, IC 9-24-6-17, and IC 9-24-6-18, commercial
driver's license.
(17) IC 9-24-4.
(18) IC 9-24-5.
(19) IC 9-24-11-4.
(20) IC 9-24-13-3.
(21) IC 9-24-18-1 through IC 9-24-18-2.
(22) IC 9-25-4-3.
approval of the board. The members of the enforcement section:
(1) must be state police officers; and
(2) shall be selected, trained, and subject to all the provisions
of and vested with all of the authority granted by IC 22-1-1,
except that they shall be permanently assigned to and
primarily responsible for carrying out the duties imposed by
this chapter.
Upon call of the superintendent, with the approval of the governor,
the police personnel assigned to the enforcement section
established by this chapter shall be available for general police
duty in emergency situations only.
Sec. 3. (a) The enforcement officers employed by the
enforcement section:
(1) are vested with all necessary police powers to enforce
IC 8-2.1 and rules adopted under IC 8-2.1; and
(2) may investigate and make arrests for the violation of
IC 8-2.1 or rules adopted under IC 8-2.1.
(b) This section does not abridge or change the authority,
obligation, or duty of any other law enforcement officer to enforce
this chapter.
Sec. 4. (a) Funds necessary to implement this chapter shall be
derived from dedicated revenues as implemented under Public
Law 89-170. Public Law 89-170 and the standards for the
operation of interstate motor carriers adopted under Public Law
89-170 are recognized and adopted.
(b) There is appropriated from sources and other funds
deposited in the motor carrier regulation fund established under
IC 8-2.1-23 to the department of state revenue the sums necessary
for the enforcement section established by this chapter. Operating
and other expenses for the section in the discharge of duties under
this chapter shall be paid from sources by the department of state
revenue upon the presentation of interdepartmental billing to the
department by the superintendent.
Chapter 4. Defense of Employees in Civil Actions; Duties of
Attorney General
Sec. 1. As used in this chapter, "member" means the following:
(1) An employee or appointee of the department.
(2) An employee or appointee of the board.
(3) The superintendent.
(4) A member of the board.
Sec. 2. If a member is sued for civil damages and the board
administratively determines that:
attendance at a conference.
(b) A county council shall appropriate sufficient funds to pay for
each mile traveled to and from the conferences at a rate
determined by the county council. The county council also shall
pay a per diem for expenses of not more than fifteen dollars ($15)
a day for each day or part of a day an authorized person is in
attendance at a conference.
Sec. 4. Authorization for attendance at the conferences by city,
town, or county law enforcement officers, trainees, or applicants
shall be issued by the county auditor on recommendation of the
executive authority of the law enforcement agency, office, or
department to which the officer, trainee, or applicant belongs or
has applied for membership.
Chapter 7. Drug Interdiction Program
Sec. 1. The drug interdiction fund is established.
Sec. 2. (a) The department shall administer the fund.
(b) Expenditures from the fund may be made only in accordance
with the appropriations made by the general assembly.
Sec. 3. The department may use money from the fund to do the
following:
(1) Provide additional persons to conduct investigations into
violations of drug and controlled substances statutes.
(2) Purchase laboratory equipment and other equipment
necessary to assist in the effort to control illegal drug activity.
(3) Provide technical and investigative assistance to local law
enforcement agencies to combat illegal drug activity.
(4) Fund other programs designed to reduce illegal drug
activity.
Sec. 4. The treasurer of state shall invest the money in the fund
not currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
Sec. 5. Money in the fund at the end of a fiscal year does not
revert to the state general fund.
SECTION 3. IC 10-12 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2003]:
ARTICLE 12. STATE POLICE PENSIONS AND BENEFITS
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
Sec. 2. "Department" refers to the state police department
established by IC 10-11-2-4.
Sec. 3. "Eligible employee" means a regular police employee of
the department.
Sec. 4. "Employee beneficiary" means an eligible employee who:
(1) completes an application to become an employee
beneficiary; and
(2) makes or causes to be made the proper deductions from
wages as required by the pension trust.
Sec. 5. "Internal Revenue Code":
(1) means the Internal Revenue Code of 1954, as in effect on
September 1, 1974, if permitted with respect to governmental
plans; or
(2) to the extent not inconsistent with subdivision (1), has the
meaning set forth in IC 6-3-1-11.
Sec. 6. "Net amount paid into the trust fund from the wages of
an employee beneficiary" means:
(1) the amount of money paid into the trust fund from the
wages of an employee beneficiary, plus interest at the rate of
three percent (3%) or more compounded annually; less
(2) any sums, plus interest at the same rate, paid from the
trust fund to:
(A) the employee beneficiary;
(B) any person claiming by, through, or under the
employee beneficiary; or
(C) any government fund for the credit or benefit of the
employee beneficiary.
Sec. 7. "Pension consultants" means an individual, a firm, or a
corporation of technical consultants competent and qualified to
supervise and assist in the establishment, maintenance, and
operation of a pension plan on an actuarially sound basis.
Sec. 8. "Pension trust" means the agreement between the
department and the trustee under the terms of which an actuarially
sound retirement pension plan is established and operated for the
exclusive benefit of the employee beneficiaries subject to the
limitations specified in IC 10-12-2, IC 10-12-3, and IC 10-12-4.
Sec. 9. "Supplementary trust agreement" means an agreement
that has the force and effect of law between the department and the
trustee concerning the police benefit fund (as described in
IC 10-12-2-7).
Sec. 10. "Trustee" refers to the trustee of the pension trust, who
may be:
(1) one (1) or more corporate trustees; or
(2) the treasurer of state serving under bond.
Sec. 11. "Trust fund" means the assets of the pension trust,
including the following:
(1) Contributions from the department.
(2) Contributions from employee beneficiaries.
(3) Any other payments or contributions made to the pension
trust.
(4) The income and proceeds derived from the investment of
the assets of the pension trust.
Chapter 2. Pension, Death, Disability, Survivor, and Other
Benefits
Sec. 1. (a) If an eligible employee retires after at least twenty
(20) years of service, the employee may:
(1) retain the employee's issued service weapon; and
(2) receive a "Retired" badge in recognition of the employee's
service to the department and the public.
(b) Upon an eligible employee's retirement, the department shall
issue to the employee an identification card that:
(1) gives the employee's name and rank;
(2) signifies that the employee is retired; and
(3) notes the employee's authority to retain the employee's
service weapon.
Sec. 2. (a) The department may:
(1) establish and operate an actuarially sound pension plan
governed by a pension trust; and
(2) make the necessary annual contribution in order to
prevent any deterioration in the actuarial status of the trust
fund.
(b) The department shall make contributions to the trust fund.
An employee beneficiary shall make contributions to the trust fund
through authorized monthly deductions from wages.
(c) The trust fund:
(1) may not be commingled with any other funds; and
(2) shall be invested only in accordance with state laws for the
investment of trust funds, together with other investments as
are specifically designated in the pension trust.
Subject to the terms of the pension trust, the trustee, with the
approval of the department and the pension advisory board, may
establish investment guidelines and limits on all types of
investments, including stocks and bonds, and take other action
necessary to fulfill its duty as a fiduciary for the trust fund.
(d) The trustee shall invest the trust fund assets with the same
care, skill, prudence, and diligence that a prudent person acting in
a like capacity and familiar with these matters would use in the
conduct of an enterprise of a similar character with similar aims.
(e) The trustee shall diversify the trust fund's investments in
accordance with prudent investment standards. The investment of
the trust fund is subject to section 3 of this chapter.
(f) The trustee shall receive and hold as trustee for the uses and
purposes set forth in the pension trust the funds paid by the
department, the employee beneficiaries, or any other person or
persons.
(g) The trustee shall engage pension consultants to supervise
and assist in the technical operation of the pension plan so that
there is no deterioration in the actuarial status of the plan.
(h) Before October 1 of each year, the trustee, with the aid of the
pension consultants, shall prepare and file a report with the
department and the state board of accounts. The report must
include the following with respect to the fiscal year ending on the
preceding June 30:
SCHEDULE I. Receipts and disbursements.
SCHEDULE II. Assets of the pension trust, listing investments
as to book value and current market value at the end of the
fiscal year.
SCHEDULE III. List of terminations, showing cause and
amount of refund.
SCHEDULE IV. The application of actuarially computed
"reserve factors" to the payroll data, properly classified for
the purpose of computing the reserve liability of the trust fund
as of the end of the fiscal year.
SCHEDULE V. The application of actuarially computed
"current liability factors" to the payroll data, properly
classified for the purpose of computing the liability of the
trust fund for the end of the fiscal year.
SCHEDULE VI. An actuarial computation of the pension
liability for all employees retired before the close of the fiscal
year.
(i) The minimum annual contribution by the department must
be of sufficient amount, as determined by the pension consultants,
to prevent any deterioration in the actuarial status of the pension
plan during that year. If the department fails to make the
minimum contribution for five (5) successive years, the pension
trust terminates and the trust fund shall be liquidated.
(j) Except as provided by applicable federal law, in the event of
liquidation, the department shall take the following actions:
exceed fourteen thousand five hundred dollars ($14,500).
Sec. 5. (a) The department may establish, operate, and make
necessary contributions to a disability reserve account for the
payment of disability expense reimbursements and disability
pensions to disabled employee beneficiaries. The department also
may do the following:
(1) Establish, under the terms of a supplementary trust
agreement, disability expense reimbursements and disability
pensions to be paid to employee beneficiaries who incur a
disability in the line of duty.
(2) Establish, under the terms of a supplementary trust
agreement, disability expense reimbursements and disability
pensions to be paid to employee beneficiaries who incur a
disability not in the line of duty.
(3) Seek rulings from the Internal Revenue Service as to the
federal tax treatment for the line of duty disability benefits
authorized by this section.
Except as provided in subsection (d), a monthly disability pension
may not exceed the maximum basic pension amount. However, in
the case of disability incurred in the line of duty, an employee
beneficiary may receive not more than forty dollars ($40) per
month for each dependent parent and dependent child less than
eighteen (18) years of age, in addition to the monthly disability
pension payment under this chapter. Time in disability pension
status is considered qualifying active service for purposes of
calculating a retirement pension.
(b) This section shall be administered in a manner that is
consistent with the Americans with Disabilities Act (42 U.S.C.
12101, et seq.) and the regulations and amendments related to that
act, to the extent required by that act.
(c) A disability payment made under this chapter is worker's
compensation instead of a payment under IC 22-3-2 through
IC 22-3-7.
(d) A regular, paid police employee of the state police
department who is permanently and totally disabled by a
catastrophic personal injury that:
(1) is sustained in the line of duty after January 1, 2001; and
(2) permanently prevents the employee from performing any
gainful work;
shall receive a disability pension equal to the employee's regular
salary at the commencement of the disability. The disability
pension provided under this subsection is provided instead of the
regular monthly disability pension. The disability pension provided
under this subsection must be increased at a rate equal to any
salary increases the employee would have received if the employee
remained in active service.
Sec. 6. (a) The department may establish, operate, and make
necessary contributions to a dependent's pension reserve account
for the payment of pensions to dependent parents, surviving
spouses, and dependent unmarried children of employee
beneficiaries who are killed in the line of duty.
(b) The maximum monthly pension amount payable to
dependent mothers, dependent fathers, and surviving spouses:
(1) may not exceed the then current basic monthly pension
amount paid to retirees; and
(2) shall cease with the last payment before the dependent
parent's or surviving spouse's death.
(c) Except as provided in subsections (d) through (f), the
maximum monthly pension amount payable to each dependent
unmarried child may not exceed thirty percent (30%) of the
current basic monthly pension amount paid to retirees. The
payment shall cease with the last payment before the child's
marriage or nineteenth birthday, whichever occurs first.
(d) The total monthly pension amount paid to all dependent
unmarried children of an employee beneficiary may not exceed the
current basic monthly amount paid to retirees.
(e) Each unmarried dependent child who is at least nineteen (19)
years of age but less than twenty-three (23) years of age is eligible
to receive a pension payment while enrolled as a full-time student
in a school, college, or university.
(f) A dependent child, married or unmarried, of an employee
beneficiary who is killed in the line of duty is eligible to attend any
Indiana state supported college or university tuition free.
(g) All dependent mothers, dependent fathers, surviving spouses,
and dependent children who received a dependent pension on June
30, 1969, shall receive a pension calculated as provided by this
section beginning on July 1, 1969. Any surviving spouse electing to,
or who has previously elected to, receive joint survivorship benefits
instead of pension payments is eligible to receive the full pension
benefit.
Sec. 7. (a) The:
(1) mortality reserve account referred to in section 4 of this
chapter;
(2) disability reserve account referred to in section 5 of this
chapter; and
(3) dependent pension reserve account referred to in section
6 of this chapter;
may be commingled and operated as one (1) fund, known as the
police benefit fund, under the terms of a supplementary trust
agreement between the department and the trustee for the
exclusive benefit of employee beneficiaries and their dependents.
(b) The trustee shall receive and hold as trustee for the uses and
purposes set out in the supplementary trust agreement all funds
paid to it as the trustee by the department or by any other person
or persons.
(c) The trustee shall hold, invest, and reinvest the police benefit
fund in:
(1) investments that trust funds are permitted to invest in
under Indiana law; and
(2) other investments as may be specifically designated in the
supplementary trust agreement.
(d) The trustee, with the assistance of the pension engineers,
shall, not more than ninety (90) days after the close of the fiscal
year, prepare and file with the department and the department of
insurance a detailed annual report showing receipts,
disbursements, case histories, and recommendations as to the
contributions required to keep the program in operation.
(e) Contributions by the department to the police benefit fund
shall be provided in the general appropriations to the department.
Sec. 8. (a) The department of insurance shall approve the
actuarial soundness of the pension trust and the general method of
operation of the police benefit fund before the police benefit fund
begins operation.
(b) In addition to the annual report required by subsection (d),
the department's books, reports, and accounts shall be open to
inspection by the department of insurance at all times.
Sec. 9. (a) Except as provided in subsection (b), a member of the
department may not accept:
(1) a fee for the performance of an act in the line of duty; or
(2) a reward offered for the apprehension or conviction of any
person or persons or for the recovery of any property.
(b) Any fee or reward to which a member of the department
would be entitled except for the provisions of subsection (a) shall
be paid to the police benefit fund.
Sec. 10. (a) A person entitled to, having an interest in, or sharing
a pension or benefit from the trust funds does not, before the actual
payment of the pension or benefit, have the right to anticipate, sell,
assign, pledge, mortgage, or otherwise dispose of or encumber the
pension or benefit.
(b) A person's interest, share, pension, or benefit, before the
actual payment of the interest, share, pension, or benefit, may not
be:
(1) used to satisfy the debts or liabilities of the person entitled
to the interest, share, pension, or benefit;
(2) subject to attachment, garnishment, execution, or levy or
sale on judicial proceedings; or
(3) transferred by any means, voluntarily or involuntarily.
(c) The trustee may pay from the trust fund the amounts that
the trustee determines are proper and necessary expenses of the
trust fund.
Sec. 11. The child or spouse of an employee beneficiary who is
permanently and totally disabled by a catastrophic personal injury
that was sustained in the line of duty and permanently prevents the
employee beneficiary from performing any gainful work may not
be required to pay tuition or mandatory fees at any state supported
college, university, or technical school if:
(1) the child is less than twenty-three (23) years of age and is
a full-time student pursuing a prescribed course of study; or
(2) the spouse is pursuing a prescribed course of study toward
an undergraduate degree.
Chapter 3. The State Police Pre-1987 Benefit System
Sec. 1. This chapter applies only to an employee beneficiary
who:
(1) is hired for the first time before July 1, 1987; and
(2) does not choose coverage by IC 10-12-4 under
IC 10-12-4-1.
Sec. 2. The pension trust for employee beneficiaries covered by
this chapter is subject to the limitations specified in this chapter.
Sec. 3. (a) The normal retirement age for a regular police
employee of the department may not be later than seventy (70)
years of age.
(b) The department may not enforce a mandatory retirement
age against its civilian employees.
Sec. 4. The monthly deductions from the employee beneficiary's
wages for the trust fund may not exceed six percent (6%) of the
employee beneficiary's average monthly wages (excluding
payments for overtime and determined without regard to any
salary reduction agreement established under Section 125 of the
Internal Revenue Code).
Sec. 5. If an employee beneficiary ceases to be an eligible
employee for any reason, including death, disability,
unemployment, or retirement:
(1) the employee beneficiary;
(2) the employee beneficiary's beneficiary; or
(3) the employee beneficiary's estate;
is entitled to receive at least the net amount paid into the trust fund
from the wages of the employee beneficiary, either in a lump sum
or in monthly installments not less than the basic pension amount.
Sec. 6. If an employee beneficiary is retired for old age, the
employee beneficiary is entitled to receive a lifelong monthly
income as specified in section 7 of this chapter. However, to be
entitled to the full amount of the basic pension amount, an
employee beneficiary must have completed at least twenty (20)
years of service to the department before retirement. Otherwise,
the employee beneficiary is entitled to receive a proportionate
pension based on the employee beneficiary's years of service to the
department.
Sec. 7. (a) Benefits provided under this section are subject to
IC 10-12-2-3.
(b) The basic monthly pension amount may not exceed by more
than twenty dollars ($20) one-half (1/2) the amount of the employee
beneficiary's average monthly wage (excluding payments for
overtime and determined without regard to any salary reduction
agreement established under Section 125 of the Internal Revenue
Code) received during the highest paid consecutive twelve (12)
months before retirement. Salary that exceeds the monthly wage
received by a police employee in the grade of trooper at the
beginning of the trooper's third year of service may not be
considered when the basic pension amount is computed.
(c) An employee beneficiary in the active service of the
department who has completed twenty (20) years of service after
July 1, 1937, and who continues after July 1, 1937, in the service of
the department is entitled to add to the basic monthly pension
amount, at retirement, the following:
(1) Two percent (2%) of the basic amount for each of the next
two (2) full years of service over twenty (20) years.
(2) Three percent (3%) of the basic amount for each of the
next two (2) full years over twenty-two (22) years.
(3) Four percent (4%) of the basic amount for each of the next
two (2) full years over twenty-four (24) years.
this chapter is subject to limitations specified in this chapter.
Sec. 3. The normal retirement age for an employee beneficiary
must be established by the pension trust.
Sec. 4. An employee beneficiary shall contribute to the trust
fund, by monthly deduction, six percent (6%) of the employee
beneficiary's wages (excluding payments for overtime and
determined without regard to any salary reduction agreement
established under Section 125 of the Internal Revenue Code).
Sec. 5. (a) An employee beneficiary who has completed
twenty-five (25) years of service with the department is entitled to
the full amount of the basic pension amount specified in section 7
of this chapter.
(b) An employee beneficiary who has completed less than
twenty-five (25) years of service is entitled to a proportionate
amount of the basic pension amount specified in section 7 of this
chapter, based upon the employee beneficiary's years of service to
the department. However, benefit payments to an employee
beneficiary with less than twenty-five (25) years of service may not
begin until the first day of the month on or after the date on which:
(1) the employee beneficiary becomes fifty (50) years of age;
or
(2) the employee beneficiary retires;
whichever is later.
Sec. 6. If an employee beneficiary ends employment for any
reason before qualifying for a benefit under this chapter, the
trustee shall pay to:
(1) the employee beneficiary;
(2) the employee beneficiary's beneficiary; or
(3) the employee beneficiary's estate;
the net amount paid into the trust fund from the employee
beneficiary's wages. This amount may be paid in a lump sum or in
monthly installments not less than the basic pension amount.
Sec. 7. (a) Benefits provided under this section are subject to
IC 10-12-2-3.
(b) Except as provided in subsection (c), the basic monthly
pension amount of an employee beneficiary may not exceed
one-half (1/2) of the employee beneficiary's average monthly wage
(excluding payments for overtime and determined without regard
to any salary reduction agreement established under Section 125
of the Internal Revenue Code) received during the highest paid
consecutive thirty-six (36) months before retirement.
(c) For an employee beneficiary who retires after June 30, 1987,
and before July 1, 1988, the basic monthly pension may not exceed
the lesser of:
(1) the pension under subsection (b); or
(2) one-half (1/2) the maximum salary of a first sergeant.
(d) For an employee beneficiary who retires after June 30, 1988,
and before July 1, 1989, the basic monthly pension may not exceed
the lesser of:
(1) the pension under subsection (b); or
(2) one-half (1/2) the maximum salary of a captain.
(e) An employee beneficiary in the active service of the
department who has completed twenty-five (25) years of service
after July 1, 1937, and who continues after July 1, 1937, in the
service of the department is entitled to add to the basic monthly
pension amount, at retirement, the following:
(1) Five percent (5%) of the basic amount for each of the next
three (3) full years over twenty-five (25) years.
(2) Six percent (6%) of the basic amount for each of the next
two (2) full years over twenty-eight (28) years.
(3) Seven percent (7%) of the basic amount for each of the
next two (2) full years over thirty (30) years.
(4) Eight percent (8%) of the basic amount for each of the
next two (2) full years over thirty-two (32) years.
However, the total of these additional amounts may not exceed
seventy percent (70%) of the basic pension amount. These
additional benefits are subject to any compulsory retirement age
provided by the pension trust.
Sec. 8. (a) The basic monthly pension payable under section 7 of
this chapter after June 30, 1995, to a member of the pension trust
who retired after June 30, 1987, and before July 1, 1990, shall be
increased by thirty-nine dollars ($39).
(b) The department shall pay into the trust fund an amount
sufficient to pay the increased benefits granted under this section.
The trustee shall pay the increase in the monthly benefit required
by this section from money in the trust fund.
Chapter 5. Supplemental Pension Benefits
Sec. 1. This chapter is intended to be a supplement to IC 10-12-3
and does not repeal, impair, or otherwise adversely affect the
pension fund or pension benefits provided for in IC 10-12-3 for
eligible employees of the department.
Sec. 2. To become eligible for any supplemental benefits
provided in this chapter, an employee of the department must:
(1) be at least fifty-five (55) years of age;
pension benefits.
Chapter 6. Special Death Benefit for Motor Carrier Inspectors
and Special Police Employees
Sec. 1. As used in this chapter, "dies in the line of duty" refers
to a death that occurs as a direct result of personal injury or illness
resulting from any action that:
(1) a motor carrier inspector; or
(2) a special police employee of the department who is not a
regular police employee of the department;
is obligated or authorized by rule, regulation, condition of
employment or service, or law to perform in the course of the
inspector's or special police employee's regular duties.
Sec. 2. A special death benefit of one hundred fifty thousand
dollars ($150,000) for a motor carrier inspector or special police
employee who dies in the line of duty shall be paid in a lump sum
from the special death benefit fund established by IC 5-10-10-5 to
the following relative of a motor carrier inspector or special police
employee who dies in the line of duty:
(1) The surviving spouse.
(2) If there is no surviving spouse, the surviving children (to
be shared equally).
(3) If there is no surviving spouse and there are no surviving
children, the parent or parents in equal shares.
SECTION 4. IC 10-13 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2003]:
ARTICLE 13. STATE POLICE DATA AND INFORMATION
PROGRAMS
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
Sec. 2. "Department" refers to the state police department
established by IC 10-11-2-4.
Sec. 3. "Superintendent" refers to the superintendent of the
department appointed under IC 10-11-2-6.
Chapter 2. Criminal Justice Data Division
Sec. 1. As used in this chapter, "division" refers to the criminal
justice data division established by section 2 of this chapter.
Sec. 2. (a) The criminal justice data division is established within
the department.
(b) The division is under the administrative control and
jurisdiction of the superintendent.
(c) The superintendent may:
(1) staff the division with personnel necessary for its efficient
operation; and
(2) adopt rules to carry out the purposes of this chapter.
Sec. 3. (a) The division shall use the most current equipment,
methods, and systems for the rapid storage and retrieval of
criminal justice data necessary for an effective criminal justice
system within Indiana.
(b) The superintendent may hire consultants to advise the
superintendent in the most efficient means of establishing, funding,
and maintaining the criminal justice data system with the ultimate
purpose of extending the services and benefits of the system to all
governmental agencies of the state and its political subdivisions
having a need for the data.
Sec. 4. The division shall be organized and administered to fulfill
the following purposes:
(1) To inform the public and responsible governmental
officials as to the nature of the crime problem, its magnitude,
and its trend over time.
(2) To measure the effects of prevention and deterrence
programs, ranging from community action to police patrol.
(3) To find out who commits crimes by age, sex, family status,
income, ethnic and residential background, and other social
attributes, to find the proper focus of crime prevention
programs.
(4) To measure the workload and effectiveness of all agencies
of the criminal justice system, both individually and as an
integrated system.
(5) To analyze the factors contributing to success and failure
of probation, parole, and other correctional alternatives for
various kinds of offenders.
(6) To provide criminal justice agencies with comparative
norms of performance.
(7) To furnish baseline data for research.
(8) To compute the costs of crime in terms of economic injury
inflicted upon communities and individuals, as well as to
assess the direct public expenditures by criminal justice
agencies.
(9) To project expected crime rates and their consequences
into the future for more enlightened government planning.
Sec. 5. (a) The division, under the supervision and direction of
the superintendent and in accordance with the rules adopted under
this chapter, shall do the following:
(1) Collect data necessary for the accomplishment of the
purposes of this chapter from all persons and agencies
mentioned in section 6 of this chapter.
(2) Prepare and distribute to all the persons and agencies the
forms to be used in reporting data to the division. The forms
also must provide for items of information needed by federal
bureaus, agencies, or departments engaged in the
development of national criminal statistics.
(3) Prescribe the form and content of records to be kept by the
persons and agencies to ensure the correct reporting of data
to the division.
(4) Instruct the persons and agencies in the installation,
maintenance, and use of records and equipment and in the
manner of reporting to the division.
(5) Tabulate, analyze, and interpret the data collected.
(6) Supply data, upon request, to federal bureaus, agencies, or
departments engaged in collecting and analyzing national
criminal statistics.
(7) Present the following to the governor:
(1) Before July 1 of each year, a printed report containing
the criminal statistics of the preceding calendar year.
(2) At other times the superintendent considers necessary
or the governor requests, reports on public aspects of
criminal statistics in a sufficiently general distribution for
public enlightenment.
(b) The division may not obtain data under this chapter except
that which is a public record, and all laws regulating privacy or
restricting use of the data apply to any data collected.
(c) The division may accept data and reports from agencies
other than those required to report under this chapter if the data
and reports are consistent with the purposes of this chapter.
Sec. 6. (a) If requested by the division, a public official or public
agency dealing with crime or criminals or with delinquency or
delinquents shall do the following:
(1) Install and maintain records needed for reporting data
required by the division.
(2) Report to the division, as and when prescribed, all data
requested.
(3) Give the accredited agents of the division access to the
records for the purpose of inspection.
(4) Cooperate with the division to the end that its duties may
be properly performed.
(b) An official required under this chapter to furnish reports,
information, or statistics to the criminal justice data division or a
person employed by the official is not liable in any action arising
out of having furnished the information in a manner as may be
required by this chapter or the rules adopted under this chapter.
Sec. 7. As far as is practicable, the equipment methods and
systems used by the criminal justice data division must be
compatible with those used by similar agencies in other states and
the federal government so that data necessary for interstate,
national, and international criminal justice is readily available.
Sec. 8. In the administration of the division, the superintendent
shall have the advice and assistance of the criminal justice
commission and advisory council and the criminal justice planning
agency.
Sec. 9. (a) The superintendent shall adopt rules necessary to
accomplish the purposes of this chapter.
(b) In formulating the rules, the superintendent shall have the
advice and assistance of the criminal justice advisory committee
established by section 10 of this chapter.
Sec. 10. (a) The criminal justice advisory committee is
established.
(b) The committee consists of the following persons or their
designated representatives:
(1) The superintendent, who shall act as chairman.
(2) The attorney general.
(3) The executive director of the criminal justice planning
agency.
(4) The commissioner of corrections.
(5) One (1) county sheriff serving in the sheriff's second or
subsequent term of office.
(6) One (1) chief of police with at least two (2) years of
experience as chief.
(7) One (1) prosecuting attorney in the prosecuting attorney's
second or subsequent term of office.
(8) One (1) judge of a court of general criminal jurisdiction.
(9) The executive director of the law enforcement training
academy.
(10) A criminologist or forensic scientist.
(c) A member of the committee:
(1) must be appointed by the governor on a nonpartisan basis;
and
care, treatment, education, training, instruction, supervision, or
recreation to children less than eighteen (18) years of age.
Sec. 3. As used in this chapter, "certificated employee" has the
meaning set forth in IC 20-7.5-1-2.
Sec. 4. As used in this chapter, "council" means the security and
privacy council established by section 34 of this chapter.
Sec. 5. (a) As used in this chapter, "criminal history data"
means information collected by criminal justice agencies, the
United States Department of Justice for the department's
information system, or individuals.
(b) The term consists of the following:
(1) Identifiable descriptions and notations of arrests,
indictments, informations, or other formal criminal charges.
(2) Information regarding a sex and violent offender (as
defined in IC 5-2-12-4) obtained through sex and violent
offender registration under IC 5-2-12.
(3) Any disposition, including sentencing, and correctional
system intake, transfer, and release.
Sec. 6. (a) As used in this chapter, "criminal justice agency"
means any agency or department of any level of government whose
principal function is:
(1) the apprehension, prosecution, adjudication,
incarceration, probation, rehabilitation, or representation of
criminal offenders;
(2) the location of parents with child support obligations
under 42 U.S.C. 653;
(3) the licensing and regulating of riverboat gambling
operations; or
(4) the licensing and regulating of pari-mutuel horse racing
operations.
(b) The term includes the following:
(1) The office of the attorney general.
(2) The Medicaid fraud control unit, for the purpose of
investigating offenses involving Medicaid.
(3) A nongovernmental entity that performs as its principal
function the:
(A) apprehension, prosecution, adjudication, incarceration,
or rehabilitation of criminal offenders;
(B) location of parents with child support obligations
under 42 U.S.C. 653;
(C) licensing and regulating of riverboat gambling
operations; or
corporation;
(9) has volunteered services at a public school (as defined in
IC 20-10.1-1-2) or non-public school (as defined in
IC 20-10.1-1-3) that involve contact with, care of, or
supervision over a student enrolled in the school;
(10) is being investigated for welfare fraud by an investigator
of the division of family and children or a county office of
family and children;
(11) is being sought by the parent locator service of the child
support bureau of the division of family and children;
(12) is or was required to register as a sex and violent offender
under IC 5-2-12; or
(13) has been convicted of any of the following:
(A) Rape (IC 35-42-4-1), if the victim is less than eighteen
(18) years of age.
(B) Criminal deviate conduct (IC 35-42-4-2), if the victim
is less than eighteen (18) years of age.
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b)).
(E) Possession of child pornography (IC 35-42-4-4(c)).
(F) Vicarious sexual gratification (IC 35-42-4-5).
(G) Child solicitation (IC 35-42-4-6).
(H) Child seduction (IC 35-42-4-7).
(I) Sexual misconduct with a minor as a felony
(IC 35-42-4-9).
(J) Incest (IC 35-46-1-3), if the victim is less than eighteen
(18) years of age.
However, limited criminal history information obtained from the
National Crime Information Center may not be released under this
section except to the extent permitted by the Attorney General of
the United States.
(b) A law enforcement agency shall allow inspection of a limited
criminal history by and release a limited criminal history to the
following noncriminal justice organizations:
(1) Federally chartered or insured banking institutions.
(2) Officials of state and local government for any of the
following purposes:
(A) Employment with a state or local governmental entity.
(B) Licensing.
(3) Segments of the securities industry identified under 15
U.S.C. 78q(f)(2).
(c) Any person who uses limited criminal history for any
purpose not specified under this section commits a Class A
misdemeanor.
Sec. 28. On request of an individual who has applied for
employment with a noncriminal justice organization or individual,
the Indiana central repository for criminal history information
shall process a request for a limited criminal history check of the
individual making the request from the Federal Bureau of
Investigation's National Crime Information Center upon:
(1) the submission of fingerprints of the individual making the
request; and
(2) the payment of a fifteen dollar ($15) fee.
Sec. 29. A noncriminal justice organization or individual that
receives a limited criminal history may not use it for purposes:
(1) other than those stated in the request; or
(2) that deny the subject any civil right to which the subject is
entitled.
Sec. 30. (a) Except as provided in subsection (c), on request for
release or inspection of a limited criminal history, law enforcement
agencies may and the department shall do the following:
(1) Require a form, provided by law enforcement agencies
and the department, to be completed. The form shall be
maintained for two (2) years and shall be available to the
record subject upon request.
(2) Collect a three dollar ($3) fee to defray the cost of
processing a request for inspection.
(3) Collect a seven dollar ($7) fee to defray the cost of
processing a request for release. However, law enforcement
agencies and the department may not charge the fee for
requests received from the parent locator service of the child
support bureau of the division of family and children.
(b) Law enforcement agencies and the department shall edit
information so that the only information released or inspected is
information that:
(1) has been requested; and
(2) is limited criminal history information.
(c) The fee required under subsection (a) shall be waived if the
request relates to the sex and violent offender directory under
IC 5-2-6 or concerns a person required to register as a sex and
violent offender under IC 5-2-12.
Sec. 31. (a) Unless otherwise prohibited by law, a criminal
justice agency that maintains criminal history data, upon request
and proper identification of the person about whom criminal
history data is maintained, shall provide that person with a copy of
the person's criminal history data for a reasonable fee.
(b) Any person may challenge the information contained in the
person's criminal history data file.
Sec. 32. This chapter is not applicable to and does not prevent
the release or inspection of information contained in the following:
(1) Wanted person posters or announcements.
(2) An original record of entry, including a police blotter,
maintained by a criminal justice agency.
(3) Published court or administrative opinions or records of
public judicial, administrative, or legislative proceedings.
(4) Records of traffic offenses maintained by the bureau of
motor vehicles.
(5) Announcements of pardon or executive clemency.
Sec. 33. (a) The council shall adopt rules under IC 4-22-2 to:
(1) assure the completeness and accuracy of criminal history
data;
(2) protect information from loss, alteration, destruction, or
improper direct access to the information files;
(3) prevent unreasonable interference with the regular
discharge of the duties of employees of law enforcement
agencies; and
(4) carry out this chapter.
(b) If a person makes a challenge under section 31(b) of this
chapter, the department shall:
(1) make the changes requested, if it determines the data is in
error; or
(2) conduct a hearing under IC 4-21.5-3, if requested by the
person making the challenge.
(c) The rules adopted under this chapter must provide for
inspection in a reasonable and timely manner.
Sec. 34. (a) There is established a security and privacy council
that consists of nine (9) members selected under subsections (b)
and (c).
(b) The following six (6) members shall be appointed by and
shall serve at the pleasure of the governor:
(1) A prosecuting attorney.
(2) The police chief of a city.
(3) The sheriff of a county.
(4) A criminal court judge.
(5) Two (2) citizens who are not law enforcement officers.
(c) The following persons, or their designees, also are members
of the council:
(1) The superintendent.
(2) The attorney general.
(3) The commissioner of the department of correction.
(d) Members of the council are not entitled to receive
compensation but are entitled to receive a per diem and mileage on
those days in which they are engaged in the business of the council.
Per diem and mileage paid shall be that amount paid to state
employees.
Sec. 35. (a) On a daily basis, all law enforcement agencies shall
enter into the Indiana data and communication system (IDACS)
computer the following:
(1) All information concerning stolen or recovered property,
including the following:
(A) Motor vehicles.
(B) Firearms.
(C) Securities.
(D) Boats.
(E) License plates.
(F) Other stolen or recovered property.
(2) All information concerning fugitives charged with a crime,
including information concerning extradition.
(3) All information concerning runaways, missing and
unidentified persons, and missing children (as defined in
IC 10-13-5-4), including information concerning the release of
those persons to the custody of a parent or guardian.
(4) Information contained in a protective order, including any
modifications or extensions issued by a court and filed with a
law enforcement agency as required in IC 5-2-9-6(f).
(b) On a daily basis, all law enforcement agencies shall do the
following:
(1) Enter all information concerning missing children (as
defined in IC 10-13-5-4) into the National Crime Information
Center's Missing Person File.
(2) Enter all information concerning warrants issued for a
person who allegedly abducted or unlawfully retained a
missing child into the National Crime Information Center's
Wanted Person File.
(3) Enter all information concerning unidentified persons into
the National Crime Information Center's Unidentified Person
File.
(4) Enter all information concerning a protective order, a
workplace violence restraining order, or a no contact order
involving intimate partners into the National Crime
Information Center's (NCIC) Protection Order File if the
order qualifies under NCIC rules.
(c) If a protective order, a no contact order, or a workplace
violence restraining order is removed from a depository
established under IC 5-2-9, the law enforcement agency responsible
for the depository shall delete the information entered under
subsection (a)(4) from the Indiana data and communication system
(IDACS) computer.
Sec. 36. (a) The department may not charge a fee for responding
to a request for the release of a limited criminal history record if
the request is made by a nonprofit organization:
(1) that has been in existence for at least ten (10) years; and
(2) that:
(A) has a primary purpose of providing an individual
relationship for a child with an adult volunteer if the
request is made as part of a background investigation of a
prospective adult volunteer for the organization;
(B) is a home health agency licensed under IC 16-27-1;
(C) is a community mental retardation and other
developmental disabilities center (as defined in
IC 12-7-2-39); or
(D) is a supervised group living facility licensed under
IC 12-28-5.
(b) The department may not charge a fee for responding to a
request for the release of a limited criminal history record made by
the division of family and children or a county office of family and
children if the request is made as part of a background
investigation of an applicant for a license under IC 12-17.2 or
IC 12-17.4.
(c) The department may not charge a fee for responding to a
request for the release of a limited criminal history if the request
is made by a school corporation, special education cooperative, or
non-public school (as defined in IC 20-10.1-1-3) as part of a
background investigation of an employee or adult volunteer for the
school corporation, special education cooperative, or nonpublic
school.
Sec. 37. (a) Under Public Law 92-544 (86 Stat. 1115), a local law
enforcement agency may use fingerprints submitted for the
purpose of identification in a request related to the following:
(1) A taxicab driver's license application.
alleged crime, a charged crime, or a crime for which a
conviction has been obtained; and
(2) be divided in reports on the basis of whether, in the
opinion of the reporting individual and the data collectors,
bias was the primary motivation for the crime or only
incidental to the crime.
Sec. 39. (a) The department is designated as the authorized
agency to receive requests for, process, and disseminate the results
of national criminal history background checks that comply with
this section and 42 U.S.C. 5119a.
(b) A qualified entity may contact the department to request a
national criminal history background check on any of the following
persons:
(1) A person who seeks to be or is employed with the qualified
entity. A request under this subdivision must be made not
later than three (3) months after the person is initially
employed by the qualified entity.
(2) A person who seeks to volunteer or is a volunteer with the
qualified entity. A request under this subdivision must be
made not later than three (3) months after the person initially
volunteers with the qualified entity.
(c) A qualified entity must submit a request under subsection (b)
in the form required by the department and provide a set of the
person's fingerprints and any required fees with the request.
(d) If a qualified entity makes a request in conformity with
subsection (b), the department shall submit the set of fingerprints
provided with the request to the Federal Bureau of Investigation
for a national criminal history background check for convictions
described in IC 20-5-2-8. The department shall respond to the
request in conformity with:
(1) the requirements of 42 U.S.C. 5119a; and
(2) the regulations prescribed by the Attorney General of the
United States under 42 U.S.C. 5119a.
(e) This subsection applies to a qualified entity that:
(1) is not a school corporation or a special education
cooperative; or
(2) is a school corporation or a special education cooperative
and seeks a national criminal history background check for a
volunteer.
After receiving the results of a national criminal history
background check from the Federal Bureau of Investigation, the
department shall make a determination whether the applicant has
been convicted of an offense described in IC 20-5-2-8 and convey
the determination to the requesting qualified entity.
(f) This subsection applies to a qualified entity that:
(1) is a school corporation or a special education cooperative;
and
(2) seeks a national criminal history background check to
determine whether to employ or continue the employment of
a certificated employee or a noncertificated employee of a
school corporation or an equivalent position with a special
education cooperative.
After receiving the results of a national criminal history
background check from the Federal Bureau of Investigation, the
department may exchange identification records concerning
convictions for offenses described in IC 20-5-2-8 with the school
corporation or special education cooperative solely for purposes of
making an employment determination. The exchange may be made
only for the official use of the officials with authority to make the
employment determination. The exchange is subject to the
restrictions on dissemination imposed under P.L.92-544, (86 Stat.
1115) (1972).
Chapter 4. Juvenile History Information
Sec. 1. As used in this chapter, "council" refers to the security
and privacy council established by IC 10-13-3-34.
Sec. 2. As used in this chapter, "criminal justice agency" has the
meaning set forth in IC 10-13-3-6.
Sec. 3. As used in this chapter, "inspection" means visual
perusal and includes the right to make memoranda abstracts of
juvenile history data.
Sec. 4. As used in this chapter, "juvenile history data" means
information collected by criminal or juvenile justice agencies or
individuals about a child who is alleged to have committed a
reportable act and consists of the following:
(1) Descriptions and notations of events leading to the taking
of the child into custody by a juvenile justice agency for a
reportable act allegedly committed by the child.
(2) A petition alleging that the child is a delinquent child.
(3) Dispositional decrees concerning the child that are entered
under IC 31-37-19 (or IC 31-6-4-15.9 before its repeal).
(4) The findings of a court determined after a hearing is held
under IC 31-37-20-2 or IC 31-37-20-3 (or IC 31-6-4-19(h) or
IC 31-6-4-19(i) before their repeal) concerning the child.
(5) Information:
shall immediately broadcast:
(1) a description of the abducted child; and
(2) other information that will assist in locating the abducted
child;
to the general public in accordance with the Amber alert plan
agreement between the clearinghouse and the broadcaster.
(f) The department shall adopt guidelines governing the
voluntary Amber alert program agreement between the
clearinghouse and a broadcaster. The voluntary agreement
between the clearinghouse and the broadcaster may include the
following provisions:
(1) Upon receiving a notification as part of the Amber alert
program, the broadcaster shall broadcast the information
contained on the notice on an intermittent basis for a period
of time as provided in the agreement between the
clearinghouse and the broadcaster.
(2) The broadcaster shall treat the Amber alert notification as
an emergency.
(3) The broadcaster shall ensure that the facsimile (fax)
transmission machine or other communications device used
to receive an Amber alert notification is:
(A) generally available to receive an Amber alert
notification; and
(B) located such that the broadcaster will immediately
become aware of an incoming Amber alert notification.
Sec. 9. If a missing child is found, the child's parent or legal
custodian shall notify the law enforcement agency that received the
missing child notification under IC 31-36 (or IC 31-6-13 before its
repeal).
Sec. 10. Upon receiving notification from a parent or legal
custodian that a missing child has been found, a law enforcement
agency shall immediately notify the clearinghouse.
Sec. 11. (a) Upon receiving notification under section 7 of this
chapter, the vital statistics division of the state department of
health and the appropriate local health department or health and
hospital corporation shall attach a notice to the child's birth
certificate stating that the child has been reported missing. The
notice must remain attached to the birth certificate until
notification is received under section 7 of this chapter that the
missing child has been found.
(b) If a request for a copy of the birth certificate of a child is
received, the vital statistics division and the appropriate local
health department or health and hospital corporation shall require
the person making the request to submit an application for the
birth certificate that includes:
(1) the date of the request;
(2) the name, address, and telephone number of the person
making the request; and
(3) the signature of the person making the request.
(c) If a notice that the child is missing has been attached to the
birth certificate, the vital statistics division and the appropriate
local health department or health and hospital corporation shall
immediately notify the clearinghouse of the information contained
in the application.
(d) A copy of the birth certificate of a missing child to which a
notice has been attached under subsection (a) may not be issued
without authorization from the clearinghouse.
Chapter 6. Indiana DNA Data Base
Sec. 1. As used in this chapter, "Combined DNA Index System"
refers to the Federal Bureau of Investigation's national DNA
identification index system that allows the storage and exchange of
DNA records submitted by state and local forensic DNA
laboratories.
Sec. 2. As used in this chapter, "DNA" means deoxyribonucleic
acid that:
(1) is located in the nucleated cells;
(2) provides an individual's personal genetic blueprint; and
(3) encodes genetic information that is the basis of human
heredity and forensic identification.
Sec. 3. As used in this chapter, "DNA analysis" means an
identification process in which the unique genetic code of an
individual that is carried by the individual's DNA is compared with
the genetic codes of another individual.
Sec. 4. As used in this chapter, "DNA profile" means the results
of all DNA identification tests on an individual's DNA sample.
Sec. 5. As used in this chapter, "DNA record" refers to DNA
identification information stored in the state DNA data base or the
Combined DNA Index System for the purpose of generating
investigative leads or supporting statistical interpretation of DNA
test results that:
(1) is the result obtained from DNA typing tests; and
(2) is comprised of the characteristics of a DNA sample that
are of value in establishing the identity of individuals.
Sec. 6. As used in this chapter, "DNA sample" means a blood,
tissue, or other body fluid sample:
(1) provided by a person with respect to offenses covered by
this chapter; or
(2) submitted to the state police laboratory under this chapter
for analysis or storage, or both.
Sec. 7. As used in this chapter, "superintendent" includes the
superintendent or the superintendent's designee.
Sec. 8. (a) The superintendent may establish a data base of DNA
identification records of:
(1) convicted criminals;
(2) crime scene specimens;
(3) unidentified missing persons; and
(4) close biological relatives of missing persons.
(b) The superintendent shall maintain the Indiana DNA data
base.
(c) The superintendent may contract for services to perform
DNA analysis of convicted offenders under section 10 of this
chapter to assist federal, state, and local criminal justice and law
enforcement agencies in the putative identification, detection, or
exclusion of individuals who are subjects of an investigation or
prosecution of a sex offense, a violent crime, or another crime in
which biological evidence is recovered from the crime scene.
(d) The superintendent shall adopt rules under IC 4-22-2
necessary to administer and enforce the provisions and intent of
this chapter.
Sec. 9. The superintendent shall ensure that the Indiana DNA
data base:
(1) supports development of a population statistics data base
when personal identifying information is removed;
(2) supports identification research and protocol development
of forensic DNA analysis;
(3) assists in achieving quality control; and
(4) assists in the recovery or identification of human remains
from mass disasters or for other humanitarian purposes,
including identification of missing persons who may be alive.
Sec. 10. (a) This section applies to the following:
(1) A person convicted of a felony under IC 35-42 (offenses
against the person), IC 35-43-2-1 (burglary), or IC 35-42-4-6
(child solicitation):
(A) after June 30, 1996, whether or not the person is
sentenced to a term of imprisonment; and
(B) before July 1, 1996, if the person is held in jail or
prison on or after July 1, 1996.
(2) A person convicted of a criminal law in effect before
October 1, 1977, that penalized an act substantially similar to
a felony described in IC 35-42 or IC 35-43-2-1 or that would
have been an included offense of a felony described in
IC 35-42 or IC 35-43-2-1 if the felony had been in effect:
(A) after June 30, 1998, whether or not the person is
sentenced to a term of imprisonment; and
(B) before July 1, 1998, if the person is held in jail or
prison on or after July 1, 1998.
(b) A person described in subsection (a) shall provide a DNA
sample to the:
(1) department of correction or the designee of the
department of correction if the offender is committed to the
department of correction; or
(2) county sheriff or the designee of the county sheriff if the
offender is held in a county jail or other county penal facility,
placed in a community corrections program (as defined in
IC 35-38-2.6-2), or placed on probation.
A convicted person is not required to submit a blood sample if
doing so would present a substantial and an unreasonable risk to
the person's health.
Sec. 11. (a) The superintendent may issue specific guidelines
relating to procedures for DNA sample collection and shipment
within Indiana for DNA identification testing.
(b) The superintendent shall issue specific guidelines related to
procedures for DNA sample collection and shipment by the county
sheriff or designee of the county sheriff under section 10(b)(2) of
this chapter. The superintendent shall provide each county sheriff
with the guidelines issued under this subsection. A county sheriff
shall collect and ship DNA samples in compliance with the
guidelines issued under this subsection.
(c) The superintendent may delay the implementation of the
collection of DNA samples under section 10(b)(2) of this chapter in
one (1) or more counties until the earlier of the following:
(1) A date set by the superintendent.
(2) The date funding becomes available by grant through the
criminal justice institute.
If the superintendent delays implementation of section 10(b)(2) of
this chapter or terminates a delay under section 10(b)(2) of this
chapter in any county, the superintendent shall notify the county
sheriff in writing of the superintendent's action.
identification purposes.
(2) To defense counsel for criminal defense purposes.
(3) Upon authorization by a court or statute.
(4) For a population statistics data base, identification
research and protocol development, or quality control
purposes, but only if personal identifying information is
removed.
(5) For purposes of postconviction DNA testing and analysis
under IC 35-38-7.
Sec. 16. The information contained in the Indiana DNA data
base may not be collected or stored to obtain information about
human physical traits or predisposition for disease.
Sec. 17. Personal information stored in the Indiana DNA data
base is limited to:
(1) data necessary to:
(A) generate investigative leads; and
(B) support statistical interpretation of test results; and
(2) any other information necessary to allow for the successful
implementation of the Indiana DNA data base system.
Sec. 18. (a) A person whose DNA profile has been included in
the Indiana DNA data base may request expungement of the
profile from the DNA data base on the grounds that the conviction
on which the authority for inclusion in the Indiana DNA data base
was founded has been reversed and the case has been dismissed.
(b) All identifiable information in the Indiana DNA data base
pertaining to a person requesting expungement under subsection
(a) shall be expunged, and all samples from the person shall be
destroyed upon receipt of:
(1) a written request for expungement under subsection (a);
(2) a certified copy of the court order reversing and
dismissing the conviction; and
(3) any other information necessary to ascertain the validity
of the request.
(c) Upon expungement of a person's DNA profile from the
Indiana DNA data base, the superintendent shall request
expungement of the person's DNA profile from the national DNA
data base.
Sec. 19. (a) Access to the Indiana DNA data base is limited to
federal, state, and local law enforcement agencies through their
servicing forensic DNA laboratories.
(b) The superintendent shall take appropriate measures to
ensure that the Indiana DNA data base is protected against
unauthorized access.
Sec. 20. The superintendent may deny the privilege of a
laboratory performing forensic DNA analysis within Indiana to
exchange DNA identification records with federal, state, or local
criminal justice agencies if required quality control and privacy
standards described in this chapter for the Indiana DNA data base
are not met by the laboratory.
Sec. 21. A person who knowingly or intentionally without lawful
authority tampers with or attempts to tamper with any DNA
sample or a container collected under section 10 of this chapter
commits a Class D felony.
Sec. 22. A person who knowingly or intentionally disseminates,
receives, or otherwise uses or attempts to use information in the
Indiana DNA data base or DNA samples used in DNA analyses,
knowing that such dissemination, receipt, or use is for a purpose
other than authorized by law, commits a Class A misdemeanor.
SECTION 5. IC 10-14 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2003]:
ARTICLE 14. EMERGENCY MANAGEMENT
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
Sec. 2. "Agency" refers to the state emergency management
agency established by IC 10-14-2-1.
Sec. 3. "Commission" refers to the Indiana emergency medical
services commission established by IC 16-31-2-1.
Sec. 4. "Director" refers to the director of the agency appointed
under IC 10-14-2-2.
Chapter 2. State Emergency Management Agency
Sec. 1. The state emergency management agency is established.
Sec. 2. (a) The governor shall appoint a director, who is
responsible for organizing and administering the agency.
(b) The director:
(1) serves at the pleasure of the governor; and
(2) is entitled to receive compensation set by the budget
agency.
(c) The director shall serve as the executive secretary of the
commission.
Sec. 3. The director may hire qualified employees to carry out
the agency's responsibilities, subject to the following:
(1) The approval of the budget agency under IC 4-12-1-13.
(2) IC 4-15-2.
Sec. 4. The agency shall do the following:
(1) Coordinate the state's emergency plans.
(2) Serve as the coordinating agency for all state efforts for
preparedness for, response to, mitigation of, and recovery
from emergencies and disasters.
(3) Administer this article and IC 16-31.
(4) Perform duties assigned to the agency by the governor.
Chapter 3. Emergency Management and Disaster Law
Sec. 1. (a) As used in this chapter, "disaster" means an
occurrence or imminent threat of widespread or severe damage,
injury, or loss of life or property resulting from any natural or
manmade cause.
(b) The term includes the following:
(1) Fire.
(2) Flood.
(3) Earthquake.
(4) Wind.
(5) Storm.
(6) Wave action.
(7) Oil spill.
(8) Other water contamination requiring emergency action to
avert danger or damage.
(9) Air contamination.
(10) Drought.
(11) Explosion.
(12) Riot.
(13) Hostile military or paramilitary action.
Sec. 2. As used in this chapter, "emergency management"
means the preparation for and the coordination of all emergency
functions, other than functions for which military forces or other
federal agencies are primarily responsible, to prevent, minimize,
and repair injury and damage resulting from disasters. The
functions include the following:
(1) Firefighting services.
(2) Police services.
(3) Medical and health services.
(4) Rescue.
(5) Engineering.
(6) Warning services.
(7) Communications.
(8) Radiological, chemical, and other special weapons defense.
(9) Evacuation of persons from stricken areas.
(10) Emergency welfare services.
(11) Emergency transportation.
(12) Plant protection.
(13) Temporary restoration of public utility services.
(14) Other functions related to civilian protection.
(15) All other activities necessary or incidental to the
preparation for and coordination of the functions described
in subdivisions (1) through (14).
Sec. 3. As used in this chapter, "emergency management
worker" includes any full-time or part-time paid, volunteer, or
auxiliary employee of:
(1) the state;
(2) other:
(A) states;
(B) territories; or
(C) possessions;
(3) the District of Columbia;
(4) the federal government;
(5) any neighboring country;
(6) any political subdivision of an entity described in
subdivisions (1) through (5); or
(7) any agency or organization;
performing emergency management services at any place in
Indiana subject to the order or control of, or under a request of,
the state government or any political subdivision of the state.
Sec. 4. As used in this chapter, "energy" means coal, petroleum
or other liquid fuels, natural or synfuel gas, or electricity.
Sec. 5. As used in this chapter, "energy emergency" means an
existing or projected shortfall of at least eight percent (8%) of
motor fuel or of other energy sources that threatens to seriously
disrupt or diminish energy supplies to the extent that life, health,
or property may be jeopardized.
Sec. 6. As used in this chapter, "political subdivision" has the
meaning set forth in IC 36-1-2-13.
Sec. 7. (a) Because of the existing and increasing possibility of
disasters or emergencies of unprecedented size and destructiveness
that may result from manmade or natural causes, to ensure that
Indiana will be adequately prepared to deal with disasters or
emergencies or to prevent or mitigate those disasters where
possible, generally to provide for the common defense, to protect
the public peace, health, and safety, and to preserve the lives and
property of the people of the state, it is found and declared to be
necessary:
(1) to provide for emergency management under a state
emergency management agency;
(2) to create local emergency management departments and
to authorize and direct disaster and emergency management
functions in the political subdivisions of the state;
(3) to confer upon the governor and upon the executive heads
or governing bodies of the political subdivisions of the state
the emergency powers provided in this chapter;
(4) to provide for the rendering of mutual aid among the
political subdivisions of the state, with other states, and with
the federal government to carry out emergency, disaster, or
emergency management functions; and
(5) to authorize the establishment of organizations and the
implementation of steps that are necessary and appropriate
to carry out this chapter.
(b) It is also the purpose of this chapter and the policy of the
state to:
(1) coordinate all emergency management functions of this
state to the maximum extent with the comparable functions
of:
(A) the federal government, including the federal
government's various departments and agencies;
(B) other states and localities; and
(C) private agencies of every type;
so that the most effective preparation and use may be made of
the nation's manpower, resources, and facilities for dealing
with any disaster that may occur;
(2) prepare for prompt and efficient rescue, care, and
treatment of persons victimized or threatened by disaster;
(3) provide a setting conducive to the rapid and orderly start
of restoration and rehabilitation of persons and property
affected by disasters;
(4) clarify and strengthen the roles of the:
(A) governor;
(B) state agencies; and
(C) local governments;
in the prevention of, preparation for, response to, and
recovery from disasters;
(5) authorize and provide cooperation between departments
of government in:
U.S.C. 300101 et seq. and 42 U.S.C. 5121 et seq.
Sec. 9. (a) The agency shall prepare and maintain a current state
emergency operations plan. The plan may provide for the
following:
(1) Prevention and minimization of injury and damage caused
by disaster.
(2) Prompt and effective response to disaster.
(3) Emergency relief.
(4) Identification of areas particularly vulnerable to disaster.
(5) Recommendations for:
(A) zoning;
(B) building;
(C) other land use controls;
(D) safety measures for securing mobile homes or other
nonpermanent or semipermanent structures; and
(E) other preventive and preparedness measures designed
to eliminate or reduce disaster or its impact;
that must be disseminated to both the fire prevention and
building safety commission and local authorities.
(6) Assistance to local officials in designing local emergency
action plans.
(7) Authorization and procedures for the erection or other
construction of temporary works designed to protect against
or mitigate danger, damage, or loss from flood, conflagration,
or other disaster.
(8) Preparation and distribution to the appropriate state and
local officials of state catalogs of federal, state, and private
assistance programs.
(9) Organization of manpower and chains of command.
(10) Coordination of federal, state, and local disaster
activities.
(11) Coordination of the state disaster plan with the disaster
plans of the federal government.
(12) Other necessary matters.
(b) The agency shall take an integral part in the development
and revision of local and interjurisdictional disaster plans
prepared under section 17 of this chapter. The agency shall employ
or otherwise secure the services of professional and technical
personnel capable of providing expert assistance to political
subdivisions, a political subdivision's disaster agencies, and
interjurisdictional planning and disaster agencies. These
personnel:
jurisdiction.
(c) A mutual aid arrangement or agreement entered into by a
unit under IC 36-1-7 before July 1, 2002, remains valid after June
30, 2002.
Sec. 11. (a) The governor has general direction and control of
the agency and is responsible for carrying out this chapter. In the
event of disaster or emergency beyond local control, the governor
may assume direct operational control over all or any part of the
emergency management functions within Indiana.
(b) In performing the governor's duties under this chapter, the
governor may do the following:
(1) Make, amend, and rescind the necessary orders, rules, and
regulations to carry out this chapter with due consideration
of the plans of the federal government.
(2) Cooperate with the President of the United States and the
heads of the armed forces, the Federal Emergency
Management Agency, and the officers and agencies of other
states in matters pertaining to emergency management and
disaster preparedness, response, and recovery of the state and
nation. In cooperating under this subdivision, the governor
may take any measures that the governor considers proper to
carry into effect any request of the President of the United
States and the appropriate federal officers and agencies for
any emergency management action, including the direction or
control of disaster preparations, including the following:
(A) Mobilizing emergency management forces and other
tests and exercises.
(B) Providing warnings and signals for drills, actual
emergencies, or disasters.
(C) Shutting off water mains, gas mains, and electric
power connections and suspending any other utility
service.
(D) Conducting civilians and the movement and cessation
of movement of pedestrians and vehicular traffic during,
before, and after drills, actual emergencies, or other
disasters.
(E) Holding public meetings or gatherings.
(F) Evacuating and receiving the civilian population.
(3) Take any action and give any direction to state and local
law enforcement officers and agencies as may be reasonable
and necessary for securing compliance with this chapter and
with any orders, rules, and regulations made under this
chapter.
(4) Employ any measure and give any direction to the state
department of health or local boards of health as is
reasonably necessary for securing compliance with this
chapter or with the findings or recommendations of the state
department of health or local boards of health because of
conditions arising from actual or threatened:
(A) national security emergencies; or
(B) manmade or natural disasters or emergencies.
(5) Use the services and facilities of existing officers, agencies
of the state, and of political subdivisions. All officers and
agencies of the state and of political subdivisions shall
cooperate with and extend services and facilities to the
governor as the governor may request.
(6) Establish agencies and offices and appoint executive,
technical, clerical, and other personnel necessary to carry out
this chapter, including the appointment of full-time state and
area directors.
Sec. 12. (a) The governor shall declare a disaster emergency by
executive order or proclamation if the governor determines that a
disaster has occurred or that the occurrence or the threat of a
disaster is imminent. The state of disaster emergency continues
until the governor:
(1) determines that the threat or danger has passed or the
disaster has been dealt with to the extent that emergency
conditions no longer exist; and
(2) terminates the state of disaster emergency by executive
order or proclamation.
A state of disaster emergency may not continue for longer than
thirty (30) days unless the state of disaster emergency is renewed
by the governor. The general assembly, by concurrent resolution,
may terminate a state of disaster emergency at any time. If the
general assembly terminates a state of disaster emergency under
this subsection, the governor shall issue an executive order or
proclamation ending the state of disaster emergency. All executive
orders or proclamations issued under this subsection must indicate
the nature of the disaster, the area or areas threatened, and the
conditions which have brought the disaster about or that make
possible termination of the state of disaster emergency. An
executive order or proclamation under this subsection shall be
disseminated promptly by means calculated to bring the order's or
proclamation's contents to the attention of the general public.
Unless the circumstances attendant upon the disaster prevent or
impede, an executive order or proclamation shall be promptly filed
with the secretary of state and with the clerk of the city or town
affected or with the clerk of the circuit court.
(b) An executive order or proclamation of a state of disaster
emergency:
(1) activates the disaster response and recovery aspects of the
state, local, and interjurisdictional disaster emergency plans
applicable to the affected political subdivision or area; and
(2) is authority for:
(A) deployment and use of any forces to which the plan or
plans apply; and
(B) use or distribution of any supplies, equipment,
materials, and facilities assembled, stockpiled, or arranged
to be made available under this chapter or under any other
law relating to disaster emergencies.
(c) During the continuance of any state of disaster emergency,
the governor is commander-in-chief of the organized and
unorganized militia and of all other forces available for emergency
duty. To the greatest extent practicable, the governor shall delegate
or assign command authority by prior arrangement embodied in
appropriate executive orders or regulations. This section does not
restrict the governor's authority to delegate or assign command
authority by orders issued at the time of the disaster emergency.
(d) In addition to the governor's other powers, the governor
may do the following while the state of emergency exists:
(1) Suspend the provisions of any regulatory statute
prescribing the procedures for conduct of state business, or
the orders, rules, or regulations of any state agency if strict
compliance with any of these provisions would in any way
prevent, hinder, or delay necessary action in coping with the
emergency.
(2) Use all available resources of the state government and of
each political subdivision of the state reasonably necessary to
cope with the disaster emergency.
(3) Transfer the direction, personnel, or functions of state
departments and agencies or units for performing or
facilitating emergency services.
(4) Subject to any applicable requirements for compensation
under section 31 of this chapter, commandeer or use any
private property if the governor finds this action necessary to
cope with the disaster emergency.
retail, professional, agricultural, and service
establishments;
(E) cooperation with other state, local, and federal
governments to avoid duplicating efforts; and
(F) maintenance of public information channels.
(h) This section does not mean that any program, control,
standard, priority quota, or other policy created under the
authority of the emergency powers authorized by this section has
any continuing legal effect after the cessation of a declared state of
energy emergency.
(i) Except as provided in this section, this chapter does not
exempt a person from compliance with the provisions of any other
law, rule, or directive unless:
(1) specifically ordered by the governor; or
(2) impossibility of compliance is a direct result of the
governor's order.
(j) A proclamation issued under this section shall be:
(1) disseminated promptly and in a manner calculated to
inform the general public of its contents; and
(2) filed promptly with the secretary of state and the clerk of
each circuit court of Indiana.
Sec. 14. (a) In determining whether to declare an energy
emergency under section 13 of this chapter, the governor shall
consider:
(1) the availability of regional and national energy resources;
(2) local, state, regional, and national energy needs and
shortages;
(3) the availability of short term alternative supplies on a
local, state, regional, and national basis;
(4) the economic effect of the declaration and the
implementation of any curtailment or conservation plans; and
(5) any other relevant factors.
(b) To protect the public welfare during conditions of energy
emergencies proclaimed under section 13 of this chapter, the
governing body of each city, town, or political subdivision of the
state and each state agency (including the utility regulatory
commission) shall carry out in the body's or agency's jurisdiction
energy supply emergency measures ordered by the governor.
(c) To attain uniformity throughout the country in measures
taken to aid in energy crisis management, all:
(1) action taken under this section and section 13 of this
chapter; and
prevents identification of the particular persons.
(i) A person who is served with a subpoena to:
(1) give testimony orally or in writing; or
(2) produce books, papers, correspondence, memoranda,
agreements, or other documents or records;
under this chapter may apply to an Indiana court for protection
against abuse or hardship in the manner provided by law.
(j) For purposes of this section, references to the governor in
this section include any other individual designated in writing by
the governor. A person designated by the governor shall preserve
the confidentiality of information in accordance with subsection
(g).
(k) The powers vested in the governor under this section and
section 13 of this chapter are in addition to and not instead of
emergency powers vested in the governor under this chapter or
any other state law.
(l) The governor may authorize the incurring of liabilities and
expenses to be paid as other claims against the state from the
general fund in the amount necessary if:
(1) an energy emergency is declared by the governor; and
(2) the energy emergency justifies the expenditure;
in accordance with section 28 of this chapter for other emergency
or disaster expenditures.
Sec. 15. (a) Any function under this chapter and any other
activity relating to emergency management is a governmental
function. The state, any political subdivision, any other agencies of
the state or political subdivision of the state, or, except in cases of
willful misconduct, gross negligence, or bad faith, any emergency
management worker complying with or reasonably attempting to
comply with this chapter or any order or rule adopted under this
chapter, or under any ordinance relating to blackout or other
precautionary measures enacted by any political subdivision of the
state, is not liable for the death of or injury to persons or for
damage to property as a result of any such activity. This section
does not affect the right of any person to receive:
(1) benefits to which the person would otherwise be entitled
under:
(A) this chapter;
(B) the worker's compensation law (IC 22-3-2 through
IC 22-3-6); or
(C) any pension law; or
(2) any benefits or compensation under any federal law.
maintaining an efficient and effective disaster prevention,
preparedness, response, and recovery system on a unijurisdictional
basis, including the following factors:
(1) Small or sparse population.
(2) Limitations on public financial resources severe enough to
make maintenance of a separate disaster agency and services
unreasonably burdensome.
(3) Unusual vulnerability to disaster as evidenced by a history
of disaster, topographical features, drainage characteristics,
disaster potential, and presence of disaster prone facilities or
operations.
(4) The interrelated character of the counties in a multicounty
area.
(5) Other relevant conditions or circumstances.
(d) If the governor finds that:
(1) a vulnerable area lies partly in Indiana and includes
territory in another state or states; and
(2) it would be desirable to establish an interstate relationship,
mutual aid, or an area organization for disaster;
the governor shall take steps to establish an interstate relationship.
If action under this subsection is taken with jurisdictions that have
enacted the interstate emergency management and disaster
compact, any resulting agreement or agreements may be
considered supplemental agreements under article 6 of the
compact.
(e) If the other jurisdiction or jurisdictions with which the
governor proposes to cooperate under subsection (d) have not
enacted the interstate emergency management and disaster
compact, the governor may negotiate special agreements with the
jurisdiction or jurisdictions. An agreement, if sufficient authority
for making the agreement does not otherwise exist, becomes
effective only:
(1) after the agreement's text has been communicated to the
general assembly; and
(2) if a house of the general assembly does not disapprove of
the agreement by the later of:
(A) the date of adjournment of the next ensuing session
that is competent to consider the agreement; or
(B) not more than thirty (30) days after the date of the
submission of the agreement.
Sec. 17. (a) A political subdivision is:
(1) within the jurisdiction of; and
one is necessary by circumstances or conditions that make it
unusually difficult to provide:
(1) disaster prevention;
(2) preparedness;
(3) response; or
(4) recovery services;
under this chapter.
(f) A political subdivision that does not have a disaster agency
and has not made arrangements to secure or participate in the
services of an agency shall have an emergency management
director designated to facilitate the cooperation and protection of
that political subdivision in the work of:
(1) disaster prevention;
(2) preparedness;
(3) response; and
(4) recovery.
(g) The county emergency management and disaster director
and personnel of the department may be provided with
appropriate:
(1) office space;
(2) furniture;
(3) vehicles;
(4) communications;
(5) equipment;
(6) supplies;
(7) stationery; and
(8) printing;
in the same manner as provided for personnel of other county
agencies.
(h) Each local or interjurisdictional agency shall:
(1) prepare; and
(2) keep current;
a local or interjurisdictional disaster emergency plan for its area.
(i) The local or interjurisdictional disaster agency shall prepare
and distribute to all appropriate officials a clear and complete
written statement of:
(1) the emergency responsibilities of all local agencies and
officials; and
(2) the disaster chain of command.
(j) Each political subdivision may:
(1) appropriate and expend funds, make contracts, obtain and
distribute equipment, materials, and supplies for emergency
management and disaster purposes, provide for the health
and safety of persons and property, including emergency
assistance to the victims of a disaster resulting from enemy
attack, provide for a comprehensive insurance program for its
emergency management volunteers, and direct and coordinate
the development of an emergency management program and
emergency operations plan in accordance with the policies
and plans set by the federal emergency management agency
and the state emergency management agency;
(2) appoint, employ, remove, or provide, with or without
compensation:
(A) rescue teams;
(B) auxiliary fire and police personnel; and
(C) other emergency management and disaster workers;
(3) establish:
(A) a primary; and
(B) one (1) or more secondary;
control centers to serve as command posts during an
emergency;
(4) subject to the order of the governor or the chief executive
of the political subdivision, assign and make available for duty
the employees, property, or equipment of the political
subdivision relating to:
(A) firefighting;
(B) engineering;
(C) rescue;
(D) health, medical, and related services;
(E) police;
(F) transportation;
(G) construction; and
(H) similar items or services;
for emergency management and disaster purposes within or
outside the physical limits of the political subdivision; and
(5) in the event of a national security emergency or disaster
emergency as provided in section 12 of this chapter, waive
procedures and formalities otherwise required by law
pertaining to:
(A) the performance of public work;
(B) the entering into of contracts;
(C) the incurring of obligations;
(D) the employment of permanent and temporary workers;
(E) the use of volunteer workers;
upon the request of the governor of Indiana, the state shall
reimburse the other state for:
(1) the compensation paid and actual and necessary:
(A) travel;
(B) subsistence; and
(C) maintenance;
expenses of the personnel of the mobile support unit while
rendering the aid;
(2) all payments for:
(A) death;
(B) disability; or
(C) injury;
of the personnel incurred in the course of rendering the aid;
and
(3) all losses of or damage to supplies and equipment of the
other state or a political subdivision of the other state
resulting from the rendering of the aid;
if the laws of the other state contain provisions substantially
similar to this section or if provisions substantially similar to this
section are contained in a reciprocal mutual aid agreement or
compact, or if the federal government has authorized or agreed to
make reimbursement for the mutual aid.
(f) Personnel of mobile support units of Indiana may not be
ordered by the governor to operate in any other state unless:
(1) the laws of the other state contain provisions substantially
similar to this section;
(2) the reciprocal mutual aid agreements or compacts include
provisions providing for such reimbursement; or
(3) the reimbursement will be made by the federal
government by law or agreement.
(g) An officer or employee of the state by virtue of employment
is subject to assignment:
(1) on a permanent basis to a mobile support unit in
accordance with the state:
(A) emergency management program; and
(B) emergency operations plan; or
(2) on a temporary basis to an emergency management
activity to meet a particular need in the event of an
emergency.
Refusal to accept and perform the duties of an assignment
constitutes grounds for dismissal from state employment.
Sec. 20. The governor may:
are not inconsistent with:
(1) orders, rules, or regulations adopted by the governor or by
a state agency exercising a power delegated to it by the
governor; and
(2) the:
(A) emergency management program; and
(B) emergency operations plan;
of the county in which the political subdivision is located.
(b) Orders, rules, and regulations have the full force and effect
of law when:
(1) adopted by the governor or any state agency and a copy is
filed in the office of the secretary of state and mailed to all
members of the county emergency management advisory
council at their last known addresses; or
(2) filed in the office of the clerk of the adopting or
promulgating political subdivision or agency of the state if
adopted by a political subdivision or agency authorized by
this chapter to make orders, rules, and regulations.
Sec. 23. This chapter may not be construed to compel a person,
either on behalf of:
(1) the person;
(2) the person's child less than eighteen (18) years of age; or
(3) a protected person for whom the person acts as a
guardian;
to submit to any physical examination, medical treatment, or
immunization if the person, parent, or guardian relies in good faith
on spiritual means or prayer to prevent or cure disease or suffering
and objects to the treatment in writing.
Sec. 24. The law enforcement authorities of the state and of the
political subdivisions shall enforce the:
(1) orders;
(2) rules; and
(3) regulations;
issued under this chapter.
Sec. 25. (a) If the federal government or an agency or officer of
the federal government offers the state or through the state a
political subdivision, services, equipment, supplies, materials, or
funds under a gift, grant, or loan for purposes of emergency
management:
(1) the state, acting through the governor; or
(2) the political subdivision, acting with the consent of the
governor and through its executive;
necessary to administer this chapter.
(b) The emergency management contingency fund is established.
The fund consists of money appropriated by the general assembly.
Money in the fund must be held in reserve and allocated for
emergency management purposes upon:
(1) recommendation of the director; and
(2) approval of the governor and the budget committee.
Sec. 29. (a) A local disaster emergency:
(1) may be declared only by the principal executive officer of
a political subdivision; and
(2) may not be continued or renewed for more than seven (7)
days except by or with the consent of the governing board of
the political subdivision.
Any order or proclamation declaring, continuing, or terminating
a local disaster emergency shall be given prompt and general
publicity and shall be filed promptly in the office of the clerk of the
political subdivision.
(b) The effect of a declaration of a local disaster emergency is
to:
(1) activate the response and recovery aspects of all applicable
local or interjurisdictional disaster emergency plans; and
(2) authorize the furnishing of aid and assistance under the
plans.
(c) An interjurisdictional agency or official may not declare a
local disaster emergency unless expressly authorized by the
agreement under which the agency functions. However, an
interjurisdictional disaster agency shall provide aid and services
according to the agreement.
(d) If a local disaster emergency is declared under this section,
the political subdivision may not prohibit individuals engaged in
employment necessary to:
(1) maintain a safe rail system;
(2) restore utility service; or
(3) provide any other emergency public service;
from traveling on the highways within the political subdivision
during the local disaster emergency.
Sec. 30. (a) In addition to disaster prevention measures as
included in the state, local, and interjurisdictional disaster plans,
the governor shall consider on a continuing basis steps that could
be taken to prevent or reduce the harmful consequences of
disasters. At the governor's direction, and under any other
authority state agencies have, state agencies, including those
charged with responsibilities in connection with:
(1) flood plain management;
(2) stream encroachment and flow regulation;
(3) fire prevention and control;
(4) air quality;
(5) public works; and
(6) use and land use planning and construction standards;
shall make studies of disaster prevention related matters. The
governor shall make recommendations to the general assembly,
local governments, and other appropriate public and private
entities to facilitate measures for prevention or reduction of the
harmful consequences of disasters.
(b) In conjunction with the agency, an appropriate state agency
shall keep land uses and construction of structures and other
facilities under continuing study and identify areas that are
particularly susceptible to:
(1) severe land shifting;
(2) subsidence;
(3) flood; or
(4) other catastrophic occurrence.
The studies under this subsection must concentrate on means of
reducing or avoiding the dangers caused by this occurrence or its
consequences.
(c) If the agency believes on the basis of the studies or other
competent evidence:
(1) that an area is susceptible to a disaster of catastrophic
proportions without adequate warning;
(2) that existing building standards and land use controls in
that area are inadequate and could add substantially to the
magnitude of the disaster; and
(3) that changes in zoning regulations, other land use
regulations, or building requirements are essential in order to
further the purposes of this section;
the agency shall specify the essential changes to the governor. The
governor shall recommend changes to the agencies or local
governments with jurisdiction over the area and subject matter
that the governor finds to be essential upon review of the specified
changes and a public hearing. If no action or insufficient action
under the governor's recommendations is taken within the time
specified by the governor, the governor shall inform the general
assembly and request legislative action appropriate to mitigate the
effect of disaster.
money to assist eligible entities in paying for the costs of damage to
public facilities resulting from disasters.
(b) The fund consists of money appropriated by the general
assembly. The agency shall administer the fund. Expenses of
administering the fund shall be paid from money in the fund. The
treasurer of state shall invest the money in the fund not currently
needed to meet the obligations of the fund in the same manner as
other public funds may be invested. Interest that accrues from
these investments shall be deposited in the fund.
(c) Money in the fund is appropriated to carry out the purposes
of the fund as provided in this chapter. Money in the fund at the
end of a state fiscal year does not revert to the state general fund.
Sec. 6. Subject to the restrictions under this chapter, the agency
may use money in the fund to make grants to an eligible entity
that:
(1) contains territory for which a disaster emergency has been
declared by the governor;
(2) has suffered damage to the entity's public facilities because
of the disaster for which the disaster emergency was declared;
(3) has applied to the department for a grant; and
(4) complies with all other requirements established by the
agency.
Sec. 7. Except as provided in section 8 of this chapter, the
agency may not make a grant to an eligible entity under this
section unless the damage to the entity's public facilities caused by
the disaster exceeds an amount equal to one dollar ($1) multiplied
by the population of the entity. A grant to an eligible entity under
this subsection may not exceed an amount equal to:
(1) fifty percent (50%); multiplied by
(2) the result of:
(A) the total cost of the damage to the entity's public
facilities caused by the disaster; minus
(B) an amount equal to one dollar ($1) multiplied by the
population of the entity.
Sec. 8. If the governor declares more than one (1) disaster
emergency in the same year for territory in an eligible entity, the
agency may, in addition to a grant under section 7 of this chapter,
make a grant to the entity under this section if the total cumulative
cost of the damage to the entity's public facilities caused by the
disasters exceeds two dollars ($2) multiplied by the population of
the entity. A grant to an eligible entity under this section may not
exceed:
using equipment and personnel simulating performance of any
aspect of the giving and receiving of aid by party states or
subdivisions of party states during emergencies, such actions
occurring outside actual declared emergency periods. Mutual
assistance in this compact may include the use of the states'
National Guard forces, either in accordance with the National
Guard Mutual Assistance Compact or by mutual agreement
between states.
Sec. 2. ARTICLE II_General implementation.
Each party state entering into this compact recognizes that
many emergencies transcend political jurisdictional boundaries
and that intergovernmental coordination is essential in managing
these and other emergencies under this compact. Each state
further recognizes that there will be emergencies which require
immediate access and present procedures to apply outside
resources to make a prompt and effective response to such an
emergency. This is because few, if any, individual states have all
the resources they may need in all types of emergencies or the
capability of delivering resources to areas where emergencies exist.
The prompt, full, and effective utilization of resources of the
participating states, including any resources on hand or available
from the federal government or any other source, that are essential
to the safety, care, and welfare of the people in the event of any
emergency or disaster declared by a party state, shall be the
underlying principle on which all articles of this compact shall be
understood.
On behalf of the governor of each state participating in the
compact, the legally designated state official who is assigned
responsibility for emergency management will be responsible for
formulation of the appropriate interstate mutual aid plans and
procedures necessary to implement this compact.
Sec. 3. ARTICLE III_Party state responsibilities.
(a) It shall be the responsibility of each party state to formulate
procedural plans and programs for interstate cooperation in the
performance of the responsibilities listed in this article. In
formulating such plans, and in carrying them out, the party states,
insofar as practical, shall:
(1) review individual state hazards analyses and, to the extent
reasonably possible, determine all those potential emergencies
the party states might jointly suffer, whether due to natural
disaster, technological hazard, manmade disaster, emergency
aspects of resources shortages, civil disorders, insurgency, or
enemy attack;
(2) review party states' individual emergency plans and
develop a plan which will determine the mechanism for the
interstate management and provision of assistance concerning
any potential emergency;
(3) develop interstate procedures to fill any identified gaps
and to resolve any identified inconsistencies or overlaps in
existing or developed plans;
(4) assist in warning communities adjacent to or crossing the
state boundaries;
(5) protect and assure uninterrupted delivery of services,
medicines, water, food, energy and fuel, search and rescue,
and critical lifeline equipment, services, and resources, both
human and material;
(6) inventory and set procedures for the interstate loan and
delivery of human and material resources, together with
procedures for reimbursement or forgiveness; and
(7) provide, to the extent authorized by law, for temporary
suspension of any statutes or ordinances that restrict the
implementation of the above responsibilities.
(b) The authorized representative of a party state may request
assistance to another party state by contacting the authorized
representative of that state. The provisions of this compact shall
only apply to requests for assistance made by and to authorized
representatives. Requests may be verbal or in writing. If verbal,
the request shall be confirmed in writing within thirty (30) days of
the verbal request. Requests shall provide the following
information:
(1) A description of the emergency service function for which
assistance is needed, including, but not limited to, fire
services, law enforcement, emergency medical,
transportation, communications, public works and
engineering, building, inspection, planning and information
assistance, mass care, resource support, health and medical
services, and search and rescue.
(2) The amount and type of personnel, equipment, materials
and supplies needed and a reasonable estimate of the length
of time they will be needed.
(3) The specific place and time for staging of the assisting
party's response and a point of contact at that location.
(c) There shall be frequent consultation between state officials
who have assigned emergency management responsibilities and
other appropriate representatives of the party states with affected
jurisdictions and the United States government, with free exchange
of information, plans, and resource records relating to emergency
capabilities.
Sec. 4. ARTICLE IV_Limitations.
Any party state requested to render mutual aid or conduct
exercises and training for mutual aid shall take such action as is
necessary to provide and make available the resources covered by
this compact in accordance with the terms of this compact.
However, it is understood that the state rendering aid may
withhold resources to the extent necessary to provide reasonable
protection for such state.
Each party state shall afford to the emergency forces of any
party state, while operating within its state limits under the terms
and conditions of this compact, the same powers, except that of
arrest unless specifically authorized by the receiving state, duties,
rights, and privileges as are afforded forces of the state in which
they are performing emergency services. Emergency forces will
continue under the command and control of their regular leaders,
but the organizational units will come under the operational
control of the emergency services authorities of the state receiving
assistance. These conditions may be activated, as needed, only
subsequent to a declaration of a state emergency or disaster by the
governor of the party state that is to receive assistance or upon
commencement of exercises or training for mutual aid and shall
continue so long as the exercises or training for mutual aid are in
progress, the state of emergency or disaster remains in effect, or
loaned resources remain in the receiving state, whichever is longer.
Sec. 5. ARTICLE V_Licenses and permits.
Whenever any person holds a license, certificate, or other
permit issued by any state party to the compact evidencing the
meeting of qualifications for professional, mechanical, or other
skills, and when such assistance is requested by the receiving party
state, such person shall be considered licensed, certified, or
permitted by the state requesting assistance to render aid involving
such skill to meet a declared emergency or disaster, subject to such
limitations and conditions as the governor of the requesting state
may prescribe by executive order or otherwise.
Sec. 6. ARTICLE VI_Liability.
Officers or employees of a party state rendering aid in another
state under this compact shall be considered agents of the
requesting state for tort liability and immunity purposes. No party
state or its officers or employees rendering aid in another state
under this compact shall be liable on account of any act or
omission in good faith on the part of such forces while so engaged
or on account of the maintenance or use of any equipment or
supplies in connection therewith. Good faith in this article shall not
include willful misconduct, gross negligence, or recklessness.
Sec. 7. ARTICLE VII_Supplementary agreements.
Inasmuch as it is probable that the pattern and detail of the
machinery for mutual aid among two (2) or more states may differ
from that among the states that are party to this compact, this
compact contains elements of a broad base common to all states,
and nothing in this compact precludes any state entering into
supplementary agreements with another state or affects any other
agreements already in force between states. Supplementary
agreements may comprehend, but shall not be limited to,
provisions for evacuation and reception of injured and other
persons and the exchange of medical, fire, police, public utility,
reconnaissance, welfare, transportation and communications
personnel, and equipment and supplies.
Sec. 8. ARTICLE VIII_Compensation.
Each party state shall provide for the payment of compensation
and death benefits to injured members of the emergency forces of
that state and representatives of deceased members of such forces
in case such members sustain injuries or are killed while rendering
aid under this compact, in the same manner and on the same terms
as if the injury or death were sustained within their own state.
Sec. 9. ARTICLE IX_Reimbursement.
Any party state rendering aid in another state under this
compact shall be reimbursed by the party state receiving such aid
for any loss or damage to or expense incurred in the operation of
any equipment and the provision of any service in answering a
request for aid and for the costs incurred in connection with such
requests. However, any aiding party state may assume in whole or
in part such loss, damage, expense, or other cost, or may loan such
equipment or donate such services to the receiving party state
without charge or cost, and any two (2) or more party states may
enter into supplementary agreements establishing a different
allocation of costs among those states. Article VIII expenses shall
not be reimbursable under this article.
Sec. 10. ARTICLE X_Evacuation.
Plans for the orderly evacuation and interstate reception of
portions of the civilian population as the result of any emergency
or disaster of sufficient proportions to so warrant shall be worked
out and maintained between the party states and the emergency
management services directors of the various jurisdictions where
any type of incident requiring evacuations might occur. Such plans
shall be put into effect by request of the state from which evacuees
come and shall include the manner of transporting such evacuees;
the number of evacuees to be received in different areas; the
manner in which food, clothing, housing, and medical care will be
provided; the registration of the evacuees; the providing of
facilities for the notification of relatives or friends; and the
forwarding of such evacuees to other areas or the bringing in of
additional materials, supplies, and all other relevant factors. Such
plans shall provide that the party state receiving evacuees and the
party state from which the evacuees come shall mutually agree as
to reimbursement of out-of-pocket expenses incurred in receiving
and caring for such evacuees, for expenditures for transportation,
food, clothing, medicines and medical care, and like items. Such
expenditures shall be reimbursed as agreed by the party state from
which the evacuees come. After the termination of the emergency
or disaster, the party state from which the evacuees come shall
assume the responsibility for the ultimate support of repatriation
of such evacuees.
Sec. 11. ARTICLE XI_Implementation.
(a) This compact shall become effective immediately upon its
enactment into law by any two (2) states. Thereafter, this compact
shall become effective as to any other state upon enactment by such
state.
(b) Any party state may withdraw from this compact by
enacting a statute repealing the same, but no such withdrawal shall
take effect until thirty (30) days after the governor of the
withdrawing state has given notice in writing of such withdrawal
to the governors of all other party states. Such action shall not
relieve the withdrawing state from obligations assumed under this
compact before the effective date of withdrawal.
(c) Duly authenticated copies of this compact and of such
supplementary agreements as may be entered into shall, at the time
of their approval, be deposited with each of the party states and
with the Federal Emergency Management Agency and other
appropriate agencies of the United States Government.
Sec. 12. ARTICLE XII_Validity.
This compact shall be construed to effectuate the purposes
stated in Article I. If any provision of this compact is declared
unconstitutional, or if the applicability of this compact to any
person or circumstances is held invalid, the constitutionality of the
remainder of this compact and the applicability of this compact to
other persons and circumstances shall not be affected.
Sec. 13. ARTICLE XIII_Additional provisions.
Nothing in this compact shall authorize or permit the use of
military force by the National Guard of a state at any place outside
that state in any emergency for which the President is authorized
by law to call into federal service the militia, or for any purpose for
which the use of the Army or the Air Force would, in the absence
of express statutory authorization, be prohibited under 18 U.S.C.
1385.
Sec. 14. Right To Alter, Amend, or Repeal.
The right to alter, amend, or repeal this chapter is hereby
expressly reserved. The consent granted by this chapter shall:
(1) not be construed as impairing or in any manner affecting
any right or jurisdiction of the United States in and over the
subject of the compact;
(2) not be construed as consent to the National Guard Mutual
Assistance Compact;
(3) be construed as understanding that the first paragraph of
Article II of the compact provides that emergencies will
require procedures to provide immediate access to existing
resources to make a prompt and effective response;
(4) not be construed as providing authority under Article III
(a)(7) that does not otherwise exist for the suspension of
statutes or ordinances;
(5) be construed as understanding that Article III (c) does not
impose any affirmative obligation to exchange information,
plans, and resource records on the United States or any party
which has not entered into the compact; and
(6) be construed as understanding that Article XIII does not
affect the authority of the President over the National Guard
provided by Article I of the Constitution of the United States
and 10 U.S.C.
Sec. 15. Construction and Severability.
It is intended that the provisions of this compact shall be
reasonably and liberally construed to effectuate the purposes
thereof. If any part or application of this compact, or legislation
enabling the compact, is held invalid, the remainder of the compact
or its application to other situations or persons shall not be
affected.
management services.
(2) Mobilization of emergency management forces and other
tests and exercises.
(3) Warning and signals for drills or actual emergencies or
disasters.
(4) The effective screening or extinguishing of all lights and
lighting devices and appliances.
(5) Shutting off water mains, gas mains, electric power
connections, and the suspension of all other utility services.
(6) All materials or equipment used or to be used for
emergency management purposes in order to assure that such
materials and equipment will be easily and freely
interchangeable when used in or by any other party state.
(7) The conduct of civilians and the movement and cessation
of movement of pedestrians and vehicular traffic, prior,
during, and subsequent to drills or actual or impending
emergencies or disasters.
(8) The safety of public meetings or gatherings.
(9) Mobile support units.
recognition to such license, certificate, or other permit as if issued
in the state in which aid is rendered.
transportation, subsistence, and maintenance expenses of such
forces during the time of the rendition of such aid or assistance
outside the state and may also pay fair and reasonable
compensation for the use or utilization of the supplies, materials,
equipment, or facilities so utilized or consumed.
prior congressional approval has been given. Duly authenticated
copies of this compact and of such supplementary agreements as
may be entered into shall, at the time of their approval, be
deposited with each of the party states and with the emergency
management agency and other appropriate agencies of the United
States government.
health or safety of the public and which require the use of
special equipment, trained personnel, or personnel in larger
numbers than are locally available in order to reduce,
counteract, or remove the danger.
(4) The giving and receiving of aid by subdivisions of party
states.
(5) Exercises, drills, or other training or practice activities
designed to aid personnel to prepare for, cope with, or
prevent any disaster or other emergency to which this
compact applies.
(c) Except as expressly limited by this compact to a
supplementary agreement in force pursuant to it, any aid
authorized by this compact or a supplementary agreement may be
furnished by any agency of a party state, a subdivision of the state,
or by a joint agency of any two (2) or more party states or of their
subdivisions. Any joint agency providing this aid is entitled to
reimbursement for it to the same extent and in the same manner as
a state. The personnel of such a joint agency, when rendering aid
under this compact, shall have the same rights, authority, and
immunity as personnel of party states.
(d) Nothing in this article is to be construed to exclude from the
coverage of Articles I through XIV of this compact any matter
which, in the absence of this article, could reasonably be construed
to be covered by them.
(e) Nothing in subsection (a) is to be construed to limit previous
or future entry into the Interstate Emergency Management and
Disaster Compact of this state with other states.
Sec. 2. Duly authenticated copies of this chapter shall, upon its
approval, be transmitted by the secretary of state to the governor
of each state, to the president of the Senate of the United States, to
the speaker of the United States House of Representatives, to the
federal emergency management administration or any successor
agency, to the secretary of state of the United States, and to council
of state governments.
Sec. 3. Nothing contained in this chapter shall be construed as
a limitation of powers granted in any other law to enter into
interstate compacts or other agreements relating to emergency
management, or impairing in any respect the force and effect
thereof. The articles of the compact contained in section 1 of this
chapter shall have the same force and effect as though each article
were a section of this chapter.
Chapter 7. Interstate Earthquake Emergency Compact
Governor of another party state pursuant to this compact in coping
with an earthquake emergency, the requested state shall make
available all possible aid to the requesting state consonant with the
maintenance of protection for its residents and the policies stated
in Article I.
employees, and other certified persons in case officers, employees,
or certified persons sustain injuries or death while rendering aid
in another state pursuant to this compact, in the same manner and
on the same terms as if the injury or death were sustained within
the state by or in which the officer, employee, or certified person
was regularly employed.
party state of which the evacuees are residents shall assume the
responsibility for the ultimate support or repatriation of such
evacuees.
fuel; and
(3) solids into which liquid wastes described in subdivision (2)
have been converted.
Sec. 3. (a) Before a person may transport high level radioactive
waste in Indiana, the person who is responsible for the shipment
must submit the following to the director:
(1) A notice that includes:
(A) the highway or railway route, date, and time of the
shipment of high level radioactive waste; and
(B) other information required under 10 CFR 71.5(a) and
10 CFR 73.37(f).
(2) A transportation fee of one thousand dollars ($1,000) for
each total shipment of nuclear waste.
(b) The director shall deposit fees collected under this section in
the nuclear response fund established by section 6 of this chapter.
Sec. 4. (a) The director shall consult with:
(1) the state health commissioner of the state department of
health;
(2) the commissioner of the Indiana department of
transportation;
(3) the commissioner of the department of environmental
management;
(4) the director of the department of natural resources;
(5) the superintendent of the state police department;
(6) representatives of the:
(A) United States Nuclear Regulatory Commission;
(B) Federal Emergency Management Agency;
(C) United States Department of Energy; and
(D) United States Department of Transportation; and
(7) a representative of a local emergency management agency
designated by the director;
to prepare a plan for emergency response to a high level
radioactive waste transportation accident in Indiana. The plan
must include provisions for evacuation, containment, and cleanup
and must designate the role of each state or local government
agency involved in the emergency response plan.
(b) The director shall report to the general assembly each year
on the:
(1) status of the plan prepared under subsection (a); and
(2) ability of the state to respond adequately to a high level
radioactive waste transportation accident in Indiana.
Sec. 5. (a) Under 49 CFR Part 177, the director may require
preferred highway routes for transporting high level radioactive
waste in Indiana if the director determines under United States
Department of Transportation "Guidelines for Selecting Preferred
Highway Routes for Large Quantity Shipments of Radioactive
Materials" that alternative routes are safer than proposed routes.
(b) The director shall:
(1) annually review federally approved highway and railway
routes for transporting high level radioactive waste in
Indiana; and
(2) select new state designated routes in accordance with 49
CFR Part 177 if safety considerations indicate the alternate
routes would be preferable.
(c) Before the director may require alternative routes under
subsection (a) or select new state designated routes under
subsection (b), the director must do the following:
(1) Consult with all of the persons described in section 4(a) of
this chapter.
(2) Conduct or engage in substantial consultation with the
affected local county authorities.
(3) Notify the:
(A) state health commissioner of the state department of
health;
(B) commissioner of the department of environmental
management;
(C) superintendent of the state police department; and
(D) local emergency management agency and applicable
local fire and law enforcement agencies in each affected
county;
of the director's final decision concerning an alternative route
or a new state designated route before the date upon which
the alternative route or new state designated route takes
effect.
(4) If the director wishes to change the route of a railway
shipment of high level radioactive waste, the director must
notify the United States Department of Energy and the
appropriate rail carrier of any changes the director feels
should be made to the route.
(d) The state is not liable by requiring alternate routes to be
used as provided under this section.
Sec. 6. (a) The nuclear response fund is established to provide
appropriate education, training, and equipment to local emergency
responders in counties that will be affected by the transportation
of high level radioactive waste under this chapter.
(b) Sources of money for the fund consist of transportation fees
deposited under section 3(b) of this chapter.
(c) The state emergency management agency shall administer
the fund. Money in the fund is annually appropriated to the state
emergency response commission to be used for purposes described
in subsection (a).
(d) The expenses of administering the fund shall be paid from
money in the fund.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(f) Money in the fund at the end of a fiscal year does not revert
to the state general fund.
Sec. 7. This chapter does not require the disclosure of defense
information or restricted data (as defined in the federal Atomic
Energy Act of 1954 (42 U.S.C. 2014)).
Sec. 8. The agency may adopt rules under IC 4-22-2 to
implement this chapter.
SECTION 6. IC 10-15 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2003]:
ARTICLE 15. EMERGENCY MANAGEMENT, FIRE AND
BUILDING SERVICES, AND PUBLIC SAFETY TRAINING
FOUNDATION
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
Sec. 2. "Agency" refers to the state emergency management
agency established by IC 10-14-2-1.
Sec. 3. "Department" refers to the fire and building services
department established by IC 22-12-5-1.
Sec. 4. "Executive director" refers to the executive director of
the Indiana emergency management, fire and building services,
and public safety training foundation established by IC 10-15-2-1.
Sec. 5. "Foundation" refers to the Indiana emergency
management, fire and building services, and public safety training
foundation established by IC 10-15-2-1.
Sec. 6. "Funds" means the funds established by IC 10-15-3-1.
Sec. 7. "Institute" refers to the public safety institute established
by IC 5-2-10.5-4.
Sec. 8. "Unit of local government" means a:
(1) county;
(2) city;
(3) town; or
(4) township;
in Indiana.
Chapter 2. Indiana Emergency Management, Fire and Building
Services, and Public Safety Training Foundation
Sec. 1. The Indiana emergency management, fire and building
services, and public safety training foundation is established as a
public body corporate and politic.
Sec. 2. (a) The foundation consists of fifteen (15) voting
members and four (4) nonvoting advisory members.
(b) The voting members shall be appointed by the governor. The
voting members are as follows:
(1) The executive director, subject to subsection (d).
(2) The state fire marshal.
(3) The state building commissioner.
(4) The deputy director of the state emergency management
agency.
(5) The deputy director of the state emergency management
agency for emergency medical services.
(6) Ten (10) individuals appointed by the governor. Each
Indiana congressional district must be represented by at least
one (1) member who is a resident of that congressional
district. Not more than five (5) of the members appointed
under this subdivision may represent the same political party.
(c) The four (4) nonvoting advisory members are as follows:
(1) Two (2) members, one (1) from each political party,
appointed by the president pro tempore of the senate with
advice from the minority leader of the senate.
(2) Two (2) members, one (1) from each political party,
appointed by the speaker of the house of representatives with
advice from the minority leader of the house of
representatives.
(d) The executive director may vote for tie breaking purposes
only.
(e) In the absence of a member, the member's vote may be cast
by another member if the member casting the vote has a written
proxy in proper form as required by the foundation.
Sec. 3. (a) A quorum consists of eight (8) of the voting members
of the foundation described in section 2(b)(2) through 2(b)(6) of
this chapter.
(b) One (1) of the following is necessary for the foundation to
take action:
(1) An affirmative vote by at least a majority of the quorum.
(2) A tie vote broken by the executive director.
Sec. 4. Membership on the foundation does not constitute the
holding of a public office. A member may not be disqualified from
holding a public office or position because of appointment to or
service on the foundation. A member may not be required to forfeit
an office, a position, or employment because of appointment to or
service on the foundation.
Sec. 5. (a) The term of each member appointed under section
2(b)(6) of this chapter is four (4) years.
(b) A member appointed to fill the unexpired term of a member
serves until the end of the unexpired term.
(c) At the expiration of a member's term, the member may be
reappointed if the member continues to be a part of the
represented entity. A person is no longer a member when the
person ceases to be a part of the represented entity.
Sec. 6. The terms of the members appointed under section
2(b)(6) of this chapter begin on July 1.
Sec. 7. (a) At the foundation's first meeting after June 30 of each
year, the voting members appointed under section 2(b)(2) through
2(b)(6) of this chapter shall select:
(1) one (1) of the voting members who is not a state employee
to serve as chairperson; and
(2) one (1) of the voting members who is not a state employee
to serve as vice chairperson.
(b) The vice chairperson shall exercise all the duties and powers
of the chairperson in the chairperson's absence or disability.
Sec. 8. (a) The executive director and agency, institute, and
department staff designated by the director shall act as advisers to
the foundation.
(b) An adviser to the foundation may do the following:
(1) Attend all meetings of the foundation.
(2) Participate in all proceedings at foundation meetings other
than voting.
Sec. 9. (a) The foundation may acquire personal property to be
donated under subsection (b). The foundation may receive
donations of real property to be disposed of under subsection (c).
(b) Subject to subsection (d), the foundation may donate
personal property to the following:
(1) The department.
(2) The institute.
(3) The agency.
(4) A unit of local government.
(c) The foundation shall dispose of real property donations in
the following manner:
(1) Real property may be accepted by the foundation for
purpose of resale, either on the open market or to the state or
a unit of local government at a price set by the foundation.
(2) The proceeds from the sale of real property shall be
donated to a fund that the donor has chosen or, if the donor
has not chosen a fund, to a fund to be chosen by the
foundation.
(d) The foundation must have the approval of the executive
director to donate property to the state.
Sec. 10. The foundation may do the following:
(1) Adopt bylaws for the regulation of the foundation's affairs
and the conduct of the foundation's business.
(2) Adopt an official seal, which may not be the seal of the
state.
(3) Maintain a principal office and other offices the
foundation designates.
(4) Sue and be sued in the name and style of "Indiana
Emergency Management, Fire and Building Services, and
Public Safety Training Foundation", with service of process
being made to the chairperson of the foundation by leaving a
copy at the principal office of the foundation or at the
residence of the chairperson if the foundation has no principal
office.
(5) Exercise the powers or perform the following duties of the
foundation:
(A) Acquire by any means a right or an interest in or upon
personal property of any kind or nature. The foundation
shall hold the legal title to property acquired in the name
of the foundation.
(B) Dispose of a right or an interest in personal property.
(6) Make and enter into all contracts, undertakings, and
agreements necessary or incidental to the performance of the
duties and the execution of the powers of the foundation
under this chapter.
(7) Assist the agency, department, and institute to develop
projects.
(8) Receive and accept from any person grants for or in aid of
the acquisition, construction, improvement, or development
of any part of the projects of the foundation and receive and
accept aid or contributions from any source of money,
personal property, labor, or other things of value to be held,
used, applied, or disposed of only for the purposes consistent
with the purposes of this chapter for which the grants and
contributions may be made.
(9) Hold, use, administer, and expend money that may be
acquired by the foundation.
(10) Do all acts and things necessary or proper to carry out
the powers expressly granted in this chapter.
Sec. 11. (a) The foundation shall:
(1) adopt:
(A) rules under IC 4-22-2; or
(B) a policy;
establishing a code of ethics for its employees; or
(2) submit to the jurisdiction and rules adopted by the state
ethics commission.
(b) A code of ethics adopted by the foundation by rule or policy
under this section must be consistent with state law and approved
by the governor.
Chapter 3. Funds
Sec. 1. (a) The following funds are established:
(1) Emergency management fund.
(2) Fire services fund.
(3) Building services fund.
(4) Emergency medical services fund.
(5) Stewardship fund.
(b) The funds established by subsection (a)(1) through (a)(4)
consist of:
(1) gifts and proceeds received under section 5 of this chapter;
and
(2) fees from license plates as set forth in section 6 of this
chapter.
(c) The stewardship fund established by subsection (a)(5)
consists of fees from license plates as set forth in section 6 of this
chapter.
Sec. 2. (a) The money in the emergency management fund shall
be used to pay for projects of the agency.
(b) The money in the fire services fund shall be used to pay for
projects of the office of the state fire marshal.
(c) The money in the building services fund shall be used to pay
for projects of the office of the state building commissioner.
(d) The money in the emergency medical services fund shall be
used to pay for emergency medical services projects of the agency.
(e) The money in the stewardship fund shall be used to pay for
the promotion of safety first license plates under IC 9-18-45 and
for the costs of administering this article.
Sec. 3. Expenditures from the funds may be made only to carry
out the purposes of this chapter.
Sec. 4. The foundation shall do the following:
(1) Hold the funds in the name of the foundation.
(2) Administer the funds.
(3) Make all expenditures from the funds.
Sec. 5. Gifts of money to the funds or the foundation or the
proceeds from the sale of gifts donated to the funds or the
foundation shall be deposited in the designated fund.
Sec. 6. Fees from license plates issued under IC 9-18-45 shall be
deposited as follows:
(1) Twenty-two and one-half percent (22.5%) of the fees in the
emergency management fund.
(2) Twenty-two and one-half percent (22.5%) of the fees in the
fire services fund.
(3) Twenty-two and one-half percent (22.5%) of the fees in the
building services fund.
(4) Twenty-two and one-half percent (22.5%) of the fees in the
emergency medical services fund.
(5) Ten percent (10%) of the fees in the stewardship fund.
Sec. 7. The expenses of administering this chapter shall be paid
from money in the funds.
Sec. 8. The money in the funds at the end of a state fiscal year
remains in the designated funds and does not revert to any other
fund. If the foundation is terminated, the money in the funds
reverts to the emergency management contingency fund
established by IC 10-14-3-28.
Sec. 9. The funds are subject to audit by the state board of
accounts.
Sec. 10. The foundation is exempt from taxes on real and
personal property that the foundation acquires or disposes of or as
a consequence of the foundation's transactions.
Sec. 11. Before October 1 of each year, the foundation shall
prepare an annual report concerning the foundation's activities for
the prior year for the public and the general assembly.
SECTION 7. IC 10-16 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2003]:
ARTICLE 16. INDIANA MILITARY CODE
Chapter 1. Definitions
Sec. 1. The definitions in this chapter:
(1) apply throughout this article, unless otherwise apparent
from the context; and
(2) are subject to organization modification as adopted by
regular army and regular air force troop structures that are
incorporated in this article by reference.
Sec. 2. "Air group" has the same meaning as comparably used
in the national military establishment.
Sec. 3. "Battalion" has the same meaning as comparably used
in the national military establishment.
Sec. 4. "Battery" has the same meaning as comparably used in
the national military establishment.
Sec. 5. "Battle group" has the same meaning as comparably
used in the national military establishment.
Sec. 6. "Commanding officer" means a company, a troop, a
battery, a squadron, a battalion, an air group, a regiment, a battle
group, a wing, or a division commander.
Sec. 7. "Company" has the same meaning as comparably used
in the national military establishment.
Sec. 8. "Court martial" means a military or naval court of
justice for the trial of cases within the jurisdiction of the armed
forces of the state.
Sec. 9. "Division" has the same meaning as comparably used in
the national military establishment.
Sec. 10. "Federally recognized national guard" means that part
of the Indiana national guard that has met all the requirements for
and has been recognized by the national military establishment as
a part of the reserve components of the armed forces of the United
States.
Sec. 11. "General orders" means the official instructions issued
by the military department of Indiana.
Sec. 12. "Headquarters" means the office of the appropriate
commander.
Sec. 13. (a) "National guard" means the Indiana army national
guard and the Indiana air national guard.
(b) The term may apply to the national guard of Indiana or the
national guard of the United States according to the tenor of the
appropriate section.
Sec. 14. "Officer" means a commissioned officer, including a
warrant officer, in the armed forces of the state.
Sec. 15. "Organization" means unit or command.
Sec. 16. "Regiment" has the same meaning as comparably used
in the national military establishment.
Sec. 17. "Regulations" means the official rules of the
appropriate department.
Sec. 18. "Squadron" has the same meaning as comparably used
in the national military establishment.
Sec. 19. "State and federal property" means:
(1) state property, real or personal, owned by the state; or
(2) federal property owned by the federal government and
consigned to the state for use in its armed forces.
Sec. 20. "Troop" has the same meaning as comparably used in
the national military establishment.
Sec. 21. "Unit" means military complements of a company,
detachment, troop, battery, or any larger command organization.
Sec. 22. "Wing" has the same meaning as comparably used in
the national military establishment.
Chapter 2. Military Department
Sec. 1. (a) The military department of the state:
(1) is established; and
(2) shall be administered and controlled by the governor as
commander in chief.
(b) The military department consists of the following:
(1) An adjutant general, who shall be the executive and
administrative head of the department.
(2) Other officers, enlisted individuals, and employees
considered necessary and authorized.
Sec. 2. The military department shall administer all matters
concerning or relating to the following:
(1) The militia.
(2) The national guard.
(3) Other military organizations under the jurisdiction of the
state.
(4) Other duties as the governor may assign.
Sec. 3. (a) The governor shall:
(1) be the commander in chief of the military forces of the
state;
(2) have supreme command of the military forces of the state
while in the service of the state or until they are ordered and
accepted into the service of the United States; and
(3) have power to:
(A) muster out any organization of the state;
(B) discharge enlisted men as provided; and
(C) perform other acts in keeping with the laws of the
state, subject to the laws of the United States and
regulations prescribed by the President of the United
States.
(b) An armed military force from another state or territory may
not enter Indiana without permission of the governor, unless the
military force is:
(1) a part of the armed forces of the United States; or
(2) acting under the authority of the United States.
(c) An independent military organization under the jurisdiction
of the state, except as a corps of cadets in the educational
institutions, may not bear arms without first securing permission
of the commander in chief.
Sec. 4. This article shall be interpreted liberally in favor of the
exercise of all the constitutional powers of the governor as
commander in chief.
Sec. 5. (a) The governor may appoint an honorary staff of aides
with the brevet title of colonel, lieutenant colonel or major, or
comparable naval rank.
(b) The staff officers hold office at the will of the governor.
Their commissions expire with the term of office of the governor
making the appointment.
(c) The adjutant general shall be ex officio chief of staff.
Sec. 6. (a) The governor shall appoint the adjutant general.
(b) The adjutant general must hold the rank of not less than
brigadier general.
(c) The governor may increase the rank of the adjutant general
not to exceed the rank of major general as a reward for efficient
and loyal service to the state.
Sec. 7. The adjutant general shall appoint two (2) assistant
adjutants general to serve at the will and pleasure of the adjutant
general as follows:
(1) One (1) assistant adjutant general from the Indiana army
national guard to be chief of staff to the adjutant general for
all the Indiana army national guard forces. This assistant
adjutant general shall perform duties assigned by the adjutant
general and is responsible for all administrative and
operational functions of the Indiana army national guard. A
person is not eligible for appointment as assistant adjutant
general unless the person is a member of the Indiana army
national guard with at least six (6) years service in the Indiana
army national guard and has attained the rank of major or
above. The person must be a federally recognized officer and
may hold the rank of brigadier general or other rank
authorized by the table of organization for the army national
guard.
(2) One (1) assistant adjutant general from the Indiana air
national guard to be chief of staff to the adjutant general for
all the Indiana air national guard forces. This assistant
adjutant general shall perform duties assigned by the adjutant
general and is responsible for administrative and operational
functions of the Indiana air national guard. A person is not
eligible for appointment as air forces chief of staff unless the
person is a member of the Indiana air national guard with at
least six (6) years service as a commissioned officer and has
attained the rank of major or above. The person must be a
federally recognized officer and may hold the rank of
brigadier general or other rank authorized by the tables of
organization for the air national guard.
Sec. 8. The adjutant general shall do the following:
(1) Execute all orders given by the commander in chief.
(2) Give bond with surety to the state, to the approval of the
governor, in the sum of ten thousand dollars ($10,000) for the
faithful discharge of the duties of the office of adjutant
general.
Sec. 9. (a) The adjutant general shall perform duties required by
law, in rules adopted under this chapter, and in the statutes of the
United States and required by the governor. If the adjutant
general:
(1) fails or refuses to properly and efficiently perform the
duties of the office; or
(2) is guilty of misconduct or conduct prejudicial to good
order and military discipline;
written charges setting forth the acts involved shall be filed with
the governor. The governor shall take action on the charges for the
best interests of the service.
(b) The adjutant general shall superintend the preparation of all
returns and reports required by the United States from the state.
(c) The adjutant general shall:
(1) keep a register of all the officers of the armed forces of the
state; and
expenses necessarily incurred, including the following:
(1) Pay of officers and enlisted persons.
(2) Allowances to officers and organizations.
(3) Pensions.
(4) Any other money required to be disbursed by the adjutant
general, including the following:
(A) Subsistence of the national guard.
(B) Transportation of the national guard.
(C) Transportation of all military and naval property of
the state or of the United States.
These expenses shall be audited and paid in the same manner as
other military and naval accounts.
(h) The adjutant general shall:
(1) issue military and naval property; and
(2) make purchases of military and naval property;
as the governor directs. Military or naval property may not be
issued to persons or organizations other than those belonging to the
state armed forces, except to those parts of the sedentary militia as
the governor may call out.
(i) The seal used in the office of the adjutant general on January
1, 1954, shall be:
(1) the seal of that office; and
(2) delivered by the adjutant general to the successor in office.
(j) Except as provided in subsection (k), the adjutant general
shall be the auditor of all military accounts payable by the state.
(k) The auditor of state shall audit expenditures made by the
adjutant general or through the adjutant general's office. Copies
of all orders and contracts relating to expenditures described in
this subsection shall be filed in the auditor's office.
Sec. 10. (a) The adjutant general may be paid a sum equal to the
pay received by an officer of the same grade in federal services,
excluding allowances.
(b) The governor, with the approval of the budget committee,
may periodically adjust the salary of the adjutant general to meet
the pay adjustments of an officer of the same grade in federal
service.
Chapter 3. State Armory Board
Sec. 1. (a) The state armory board is established to provide,
manage, and care for armories for the use of the military and naval
forces of Indiana.
(b) The board consists of the following members:
(1) The following ex officio members:
defined in IC 30-4-1-1(a)) must identify each:
(1) beneficiary of the trust; and
(2) settlor empowered to revoke or modify the trust.
Sec. 9. (a) The state armory board may receive from any source
donations of land or contributions of money to aid in providing or
erecting armories throughout Indiana for the use of:
(1) the armed forces of Indiana; and
(2) the armed forces of Indiana called or inducted into federal
service.
Property received under this subsection shall be held as other
property for the use of the state.
(b) Counties, cities, and municipalities may make donations and
contributions under subsection (a).
(c) This subsection applies to real estate:
(1) donated under subsection (a); and
(2) upon which the state of Indiana has not erected structures.
The state armory board may determine that real estate donated
under subsection (a) is no longer usable or cannot be used by the
military department. The state armory board may certify its
determination to the adjutant general. The adjutant general may
reconvey the real estate to the donor.
Sec. 10. All expenses incurred in the operation of state armories
shall be paid out of:
(1) the rentals;
(2) the income;
(3) the earnings;
(4) any other receipts; and
(5) any other appropriation provided by law;
to pay the expenses incurred in the operation of the armories.
Sec. 11. The state armory board may use the receipts under
IC 10-16-9-3(a)(3) to make contributions to organizations that
promote the public image of the national guard, the United States
armed forces, or veterans of the United States armed forces. These
contributions may be made for the following purposes:
(1) Public events.
(2) Activities on Veterans' Day, Memorial Day, the Fourth of
July, and other holidays.
(3) Monuments, plaques, or inscriptions that memorialize
veterans of United States wars or military actions.
(4) Other appropriate activities that the state armory board
approves.
Sec. 12. (a) If the state armory board receives from the governor
information of the disbandment of the organization of the armed
forces of Indiana occupying and using an armory, the state armory
board shall take charge of the armory.
(b) The state armory board shall sell the armory for the highest
price at public or private sale after publication of the sale for a
period of ten (10) days and return the proceeds into the state
treasury.
Sec. 13. (a) The state armory board may sell, lease, convey, or
otherwise dispose of any real property belonging to the state and
being under the charge and in the custody and possession of the
state armory board if, in the judgment of the state armory board,
the real property can no longer be used for the purpose for which
it was acquired.
(b) The sale shall be made at public or private sale, after
appropriate publication, for the highest price to be obtained for the
same. If the state armory board takes bids in the sale of real
property, the board shall require a bid submitted by a trust (as
defined in IC 30-4-1-1(a)) to identify all of the following:
(1) Each beneficiary of the trust.
(2) Each settlor empowered to revoke or modify the trust.
(c) All money derived from the sale, conveyance, or other
disposition of any real property shall be paid into the state
treasury, but may be used for the purchase of other real property
for armory purposes.
Sec. 14. (a) If the state armory board sells, conveys, or otherwise
disposes of any real property, the value of the property shall be
determined by three (3) disinterested appraisers appointed by the
state armory board with the approval of the governor.
(b) Real property may not be sold, conveyed, or otherwise
disposed of for less than the appraised value of the real property.
If the real property cannot be sold at its appraised value, it may be
reappraised.
(c) Real property may not be sold, conveyed, or otherwise
disposed of unless:
(1) the governor approves the sale, conveyance, or disposition;
and
(2) the attorney general states in writing that all the
conditions necessary to the legal and valid sale, conveyance,
or disposition of such property have been fully complied with.
Sec. 15. (a) The purchaser of real property sold under this
chapter or to whom real property is conveyed or otherwise
disposed of under this chapter shall pay the purchase money as
agreed upon and certified by the state armory board to the
treasurer of state for the use and benefit of the state armory board.
The purchaser shall take the receipt of the treasurer of state.
(b) The auditor of state shall execute a deed of conveyance to the
purchaser after the purchaser presents the following documents to
the auditor of state:
(1) The receipt of the treasurer of state.
(2) A certified resolution approved by the state armory board
setting forth the terms and conditions of the sale, conveyance,
or other disposition.
The deed of conveyance shall be signed by the governor and
officially attested by the auditor of state with the seal of the state.
Sec. 16. (a) The state armory board shall report annually of the
proceedings incident to the location and management of the
armories and a detailed account of disbursements.
(b) The report shall be filed in the office of auditor of state and
a copy furnished to the adjutant general for publication in the
annual report of the adjutant general's department.
Sec. 17. The state examiner, personally or through the deputy
examiners, field examiners, or private examiners, shall make a full
and complete examination and report of all transactions of all
individuals, persons, trustees, boards, banks, firms, corporations,
and others engaged in the acquisition of sites for and the
construction of state armories, including examination of the
following:
(1) The plans and specifications of armories.
(2) Construction work performed or being performed.
(3) The records of bonds issued and redeemed or proposed to
be issued.
(4) The records of all lease contracts for building or
maintaining armories.
(5) The records of receipts and earnings of all armories,
except those earnings and receipts arising from shows,
benefits, and other similar activities engaged in by members
of the armories and other volunteers for the use and benefit
of the members.
(6) All money handled by the board or boards, by trustees of
state armories, by the state armory board or local armory
boards, or by the adjutant general, including all
appropriations made for armories by the general assembly.
All powers conferred upon the state examiner, deputy examiner,
field examiner, private examiner, and the attorney general under
IC 5-11-6 by petition are conferred upon these officers, examiners,
and the department without any petition. All the powers given
these officers, examiners, and the department under any other
statute may be used for the purpose of carrying out this chapter.
Sec. 18. (a) The state examiner, with the approval of the
governor, may employ expert engineering and architectural
services when necessary to assist the state examiner, deputy
examiner, field examiners, or private examiners in making
inspections and examinations under this chapter.
(b) The state examiner, with the approval of the governor, shall
fix and determine the amount to be paid for the expert service.
Field examiners of the state board of accounts, when employed in
performing the services provided for in this chapter, are entitled
to receive the per diem provided by IC 4-10-11-2 and
IC 4-10-11-2.1 for field examiners and all necessary expenses
incurred in carrying out their duties as provided for in this
chapter.
Chapter 4. Local Armory Boards
Sec. 1. (a) There shall be a local armory board at each armory
in Indiana.
(b) This subsection applies to an armory that is used and
occupied by one (1) military unit. The local armory board consists
of the following three (3) members:
(1) One (1) member appointed by the state armory board.
(2) The ranking two (2) officers of the local military unit.
(c) This subsection applies to an armory that is used and
occupied by more than one (1) military unit. The local armory
board consists of the following members:
(1) One (1) member appointed by the state armory board.
(2) The ranking officer of each major unit using and
occupying the armory.
Sec. 2. (a) The local armory boards shall do the following:
(1) Carry into effect all rules and regulations adopted by the
state armory board.
(2) Recommend rules and regulations concerning local
matters to the state armory board.
(3) Prescribe their own rules and regulations concerning local
matters.
(4) In the absence of any directive or rule from the state
armory board, take local actions necessary to maintain and
administer the needs of the local armory.
(b) A local armory board shall report any initial action
described in subsection (a) to the state armory board for final
ratification. An action described in subsection (a) is considered
ratified by the state armory board if:
(1) the state armory board does not take any action; and
(2) the local armory board receives notification of any action;
not more than twenty (20) days after the date the local armory
board files a report under this subsection.
Sec. 3. (a) The senior member of a local armory board shall
serve as president of the local armory board.
(b) The president of a local armory board shall do the following:
(1) Report all actions taken by the local board to the state
armory board.
(2) Keep a record of all expenditures, income, and actions
authorized by the local board.
(3) Submit an annual report to the state armory board of the
information described in subdivisions (1) and (2) by January
15 of each year.
(c) A president of a local armory board is an ex officio member
of the state armory board and may attend all meetings concerning
the president's armory called by the president of the state armory
board. A president of a local armory board may be a voting
member of the state armory board only on matters of local concern
and of specific nature involving the particular local armory of
which the person is president.
Sec. 4. (a) A local armory board may receive from counties,
cities, and municipalities donations of land or contributions of
money to aid in providing or erecting improvements on the
armories.
(b) A donation or contribution received under this section shall
be held as other property for the use of the state.
Sec. 5. The state examiner of the state board of accounts
personally, or through the deputy examiners or field examiners,
shall make a full and complete examination and report upon the
records and receipts of the local armory boards to the extent of and
as provided for in the examination of the state armory board under
IC 10-16-3-17.
Sec. 6. The members of the local armory boards shall perform
the duties imposed upon them by this chapter without any
compensation for their services. However, the actual expenses
incurred by the members of the local armory boards incident to the
management and care of the armories are payable from the local
armory board funds.
organizations to carry out the purposes of the ceremonial unit.
Chapter 6. Organization and Personnel
Sec. 1. Under Article 12, Section 1 of the Constitution of the
State of Indiana, the militia consists of all able-bodied males who
are:
(1) at least eighteen (18) years of age; and
(2) less than forty-six (46) years of age;
except those persons who are exempted by the laws of the United
States or of Indiana.
Sec. 2. The militia shall be divided into two (2) classes, the
sedentary militia and the national guard, as follows:
(1) The sedentary militia consists of all persons subject to bear
arms under the Constitution of the State of Indiana who do
not belong to the national guard.
(2) The national guard consists of those able-bodied citizens
between the proper ages as established by this article who
may be enrolled, organized, and mustered into the service of
the state as provided in this article. The organized militia of
the state constitutes and shall be known as the Indiana
national guard.
Sec. 3. (a) The Indiana national guard consists of those units:
(1) specified by:
(A) the Secretary of the Army; and
(B) the Secretary of the Air Force; and
(2) approved by the governor.
(b) The composition of authorized units shall be the same as
those prescribed for the regular army and the regular air force.
The forces of the Indiana national guard shall be fully armed,
uniformed, organized, and equipped in accordance with the
provisions of the national military establishment regulations
governing the regular army and regular air force.
Sec. 4. (a) Officers shall be commissioned by the governor. The
governor is, ex officio, the commander in chief.
(b) A commission may not be issued to any officer of the Indiana
national guard except to general officers until the officer has
passed a satisfactory examination before a board demonstrating:
(1) the officer's knowledge of military affairs proportionate to
the office to be held; and
(2) the officer's general knowledge and fitness for the service.
(c) A person is not eligible for appointment:
(1) to the office of adjutant general;
(2) as a major general; or
military duty. However, if an officer carried on the Indiana
national guard retired list is appointed to a staff position as
described in this section, the officer shall be recommissioned in the
rank to which the officer has been appointed. The officer shall hold
this rank during the time of the staff appointment unless the officer
is promoted to a higher rank.
(d) If the officer retires for a second time from active service,
the officer shall be entered on the Indiana national guard retired
list with the officer's highest rank.
(e) An officer whose name appears on the national guard retired
list is not entitled to receive any military pay or emolument from
the state during the time the officer remains on the national guard
retired list unless the officer is specifically assigned to duty on
orders from the governor. If the officer is assigned to duty on
orders from the governor, the officer is entitled only to the military
pay and allowance provided by law for officers of the rank to
which appointed.
Chapter 7. Training and Active Duty of National Guard;
Benefits of Members
Sec. 1. As used in section 6 of this chapter, "employer" refers to
an employer:
(1) other than the state or a county, township, municipality, or
school corporation in Indiana; and
(2) that employs any employee other than an employee in a
temporary position.
Sec. 2. As used in section 5 of this chapter, "member" refers to
the following:
(1) A member of the Indiana national guard.
(2) A member of a reserve component.
(3) A member of the retired personnel of the naval, air, or
ground forces of the United States.
Sec. 3. (a) Each detachment and unit in the national guard shall
assemble for drill and instruction, including indoor target practice,
in accordance with national guard regulations.
(b) In addition, each detachment and unit shall participate in
encampments, maneuvers, or other exercises, including outdoor
target practice, in accordance with national guard regulations,
unless the unit or detachment is excused from participation by the
governor.
(c) A commissioned officer and an enlisted person or a member
of the Indiana air national guard shall be present and perform all
the duties required of the officer, person, or member at each
assembly for drill and instruction, encampment, maneuvers, or
other exercises, unless regularly excused by competent authority.
Sec. 4. An employer who knowingly or intentionally refuses to
allow a member of the Indiana national guard to attend any
assembly at which the member has a duty to perform under this
chapter commits a Class B misdemeanor.
Sec. 5. (a) This section applies to all officers and employees of
the state or any county, township, municipality, or school
corporation in Indiana who are members.
(b) A member is entitled to receive from the member's employer
a leave of absence from the member's respective duties in addition
to regular vacation period without loss of time or pay for the time
that the member is:
(1) on training duties of the state under the order of the
governor as commander in chief; or
(2) a member of any reserve component under the order of
the reserve component authority;
for any consecutive or nonconsecutive period that does not exceed
a total of fifteen (15) days in any calendar year. The entitlement to
a leave of absence without loss of time or pay provided in this
subsection is not at the discretion of the member's employer.
(c) A member is entitled to receive from the member's employer
a leave of absence from the member's respective duties in addition
to the member's regular vacation period for the total number of
days that the member is on state active duty under section 7 of this
chapter. A leave of absence provided under this subsection may be
with or without loss of time or pay at the discretion of the
member's employer.
Sec. 6. A member of the Indiana national guard is entitled to
receive from the member's employer a leave of absence from the
member's respective duties in addition to the member's regular
vacation period for the total number of days that the member is on
state active duty under section 7 of this chapter. The leave of
absence may be with or without loss of time or pay at the discretion
of the member's employer.
Sec. 7. (a) The governor shall order on state duty all or part of
the national guard in the following cases:
(1) War.
(2) Invasion.
(3) Insurrection.
(4) Public disaster.
(5) Breach of the peace or imminent danger of breach of the
peace.
(6) Forcible obstruction of the execution of the laws, or
reasonable belief that the execution of the laws will be
obstructed.
(7) At any other time the governor considers necessary.
(b) A member of the Indiana national guard who is ordered out
on duty may not be held civilly liable for any act done by the
person in the discharge of the person's military duty. The member
may not be subject to criminal prosecution if an alleged criminal
act occurred while the member was carrying out the orders of a
superior officer that the member reasonably believed to be legal
orders under all of the attendant facts and circumstances.
(c) If the President of the United States calls, orders, or
requisitions troops, the governor shall first order into the service
of the United States the organization and arms of the service
specified in the president's requisition.
(d) If a civil suit or proceeding is commenced in any court by
any person against any member of the Indiana national guard
acting under the authority of an order described in subsection (b),
the attorney general shall defend the member. If the action or
proceeding is criminal, the governor shall designate counsel to
represent the accused and the state will be financially responsible
for the expense of the defense of any civil or criminal action
incurred. The expenses for the defense shall be paid by the
adjutant general out of appropriated funds.
Sec. 8. On days of military duty, the Indiana national guard,
called out by proper authority and performing military duty, is
considered to be under military discipline. An officer or enlisted
person is not subject to arrest on any civil process during this time.
Sec. 9. (a) If:
(1) insurrection, rebellion, invasion, tumult, riot, resistance to
law or process, breach of the peace, or public disaster, occurs
in the vicinity of a station of the Indiana national guard;
(2) the exigencies of a situation make it impossible for the
senior commanding officer of the Indiana national guard
station to communicate with the governor or the adjutant
general; and
(3) the sheriff of the county involved or an officer acting on
behalf of the sheriff provides the senior commanding officer
of the Indiana national guard station with a written request
signed by the sheriff of the county involved or officer stating
the facts and the nature of the service desired;
placed on the roll of invalid pensioners of the state and shall
receive out of money in the state treasury not otherwise
appropriated, upon the audit of the adjutant general and approval
of the governor, the same pension or reward that a person under
similar circumstances would receive from the United States. In
case of a wound, an injury, or a disease that results in death, the
surviving spouse, dependent children, or dependent parent of the
member of the Indiana national guard shall receive the pension
and reward dating from the time of receiving the injuries on
account of which the pension or reward is allowed. An officer or
enlisted person is not entitled while in active service to apply for or
receive a pension.
(b) If a member of the Indiana national guard dies in the active
service of the state, the member's reasonable funeral expenses, not
exceeding four thousand dollars ($4,000), shall be paid by the state
in the manner as the governor directs.
(c) This section does not make applicable any provision of the
national service life insurance law of the United States, and the
pension or reward granted under this section shall be that provided
for by the pension laws of the United States in substance, without
regard to form.
Sec. 20. (a) Before the name of a person is placed upon the
pension roll under this chapter, proof must be made under
regulations as the adjutant general may prescribe that the
applicant is entitled to a pension.
(b) The adjutant general, with the approval of the governor,
shall strike from the pension roll the name of a person if it appears
by satisfactory proof that the person was placed on the pension roll
through a false or fraudulent representation.
(c) The adjutant general, with the approval of the governor,
may increase, reduce, or withdraw any pension according to the
right, justice, and practice in the United States Department of
Veterans Affairs pension office.
Sec. 21. (a) The adjutant general may appoint a pension
examiner who shall inquire into the merits of any claim for pay and
care and pension, whether pending or adjudicated. The pension
examiner may administer oaths, orally examine witnesses, issue
subpoenas, and take affidavits and depositions in the course of an
examination.
(b) The adjutant general shall appoint examining boards
consisting of not more than three (3) medical officers of the
Indiana national guard, who shall, under the adjutant general's
direction, make an examination of a claimant as directed by the
adjutant general. The examining board shall certify the result of its
examination in the form prescribed by the adjutant general.
(c) A person who is adversely affected by the report of one (1)
medical officer is entitled, upon request, to an examination before
a board consisting of three (3) medical officers. The adjutant
general, with the approval of the governor and with the consent of
the applicant, may commute any pension by payment of a lump
sum to be accepted by the applicant in full satisfaction of all claims.
Sec. 22. If a member of the Indiana national guard or a member
of a reserve component of the armed forces of the United States:
(1) is a noncustodial parent (as defined in IC 31-9-2-83);
(2) misses visitation as provided in an order issued under
IC 31-14-14 or IC 31-17-4 due to participating in an activity
required under this chapter; and
(3) notifies the custodial parent at least seven (7) days before
the member misses the anticipated visitation described in
subdivision (2), unless the member is unable to provide notice
due to a government emergency;
the member shall be allowed to make up the lost visitation at the
member's earliest convenience but not later than one (1) month
after the member misses the visitation under this section, if
exercising the lost visitation does not conflict with the child's school
schedule.
Chapter 8. Guard Reserve
Sec. 1. (a) To supplement the Indiana national guard, the
governor may organize and maintain within Indiana military
forces the governor considers necessary to defend Indiana if any
part of the Indiana national guard is in active federal service.
(b) The Indiana guard reserve shall be composed of officers,
commissioned or assigned, and able bodied citizens who volunteer
for service, supplemented, if necessary, by members of the militia
enrolled by draft or otherwise as provided by law.
(c) These forces:
(1) are additional to and distinct from the Indiana national
guard; and
(2) shall be known as the Indiana guard reserve.
The members of the Indiana guard reserve may be uniformed.
Sec. 2. (a) The governor may adopt rules and regulations not
inconsistent with this chapter governing the enlistment,
organization, administration, equipment, maintenance, training,
and discipline of members of the Indiana guard reserve. However,
the rules and regulations must conform to applicable law
governing and pertaining to the Indiana national guard and the
rules and regulations adopted under those laws and under
regulations as the Secretary of Defense of the United States may
prescribe for the organization, standard of training, instruction,
and discipline.
(b) The adjutant general is designated as the commanding
officer of the Indiana guard reserve. The administration of the
Indiana guard reserve shall be in the state military department.
(c) The governor may disband the Indiana guard reserve at any
time the governor considers necessary and safe.
Sec. 3. The adjutant general shall determine and pay for
administration, operation, training, and all expenses incidental to
administration, operation, and training that are incurred in
carrying out this chapter.
Sec. 4. (a) For the use of members of the Indiana guard reserve,
the governor may requisition from the secretary of defense arms,
ammunition, clothing, and equipment that the secretary of defense
may issue.
(b) The governor shall make available the facilities of state
armories and their equipment and other state premises and
property as may be available.
(c) School authorities may allow the use of school buildings and
school grounds by the Indiana guard reserve, on the terms and
conditions set out by the adjutant general.
Sec. 5. The Indiana guard reserve may not be required to serve
outside Indiana except as follows:
(1) Upon the request of the governor of another state, the
governor of Indiana may order any part of or all the Indiana
guard reserve to assist the military or police forces of another
state who are engaged in defending the other state. The
governor may recall these forces.
(2) An organization, a unit, or a detachment of the Indiana
guard reserve, upon order of the officer in immediate
command of the guard reserve, may continue in fresh pursuit
of insurrectionists, saboteurs, enemies, or enemy forces
beyond the borders of Indiana into another state until the
insurrectionists, saboteurs, enemies, or enemy forces are
apprehended or captured by the organization, unit, or
detachment or until the military or police forces of the other
state or the forces of the United States have had a reasonable
opportunity to take up the pursuit or to apprehend or capture
the persons. The pursuit is not authorized unless the other
state gives authority by law for the pursuit by forces of
Indiana. Any persons who are apprehended or captured in
another state by an organization, unit, or detachment of the
forces of Indiana shall without unnecessary delay be
surrendered to the military or police forces of the state in
which they are taken or to the United States. The surrender
of insurrectionists or saboteurs to the military or police forces
of the other state does not constitute a waiver by Indiana of its
right to extradite or prosecute the insurrectionists or
saboteurs for any crime committed in Indiana.
Sec. 6. (a) Military forces, organizations, units, or detachments
of another state that are in fresh pursuit of insurrectionists,
saboteurs, enemies, or enemy forces may continue the pursuit into
Indiana until the military or police forces of Indiana or the forces
of the United States have had a reasonable opportunity to take up
the pursuit or to apprehend or capture the insurrectionists,
saboteurs, enemies, or enemy forces.
(b) Military forces, organizations, units, or detachments of
another state may arrest or capture insurrectionists, saboteurs,
enemies, or enemy forces within Indiana while in fresh pursuit. A
person who is captured or arrested by the military forces of the
other state while in Indiana shall without unnecessary delay be
surrendered to the military or police forces of Indiana to be dealt
with according to law.
(c) This section may not be construed to make unlawful any
arrest in Indiana that would otherwise be lawful. This section does
not repeal any provision of IC 35-33-3.
Sec. 7. This chapter may not be construed to authorize the
Indiana guard reserve or any part of the Indiana guard reserve to
be called, ordered, or in any manner drafted into the military
services of the United States. However, a person may not, by
reason of the person's enlistment or commission in the Indiana
guard reserve, be exempted from United States military service
required under any law of the United States.
Sec. 8. A civil organization, a society, a club, a post, an order, a
fraternity, an association, a brotherhood, a body, a union, a league,
or any other combination of persons or civil groups may not be
enlisted in the Indiana guard reserve as an organization or unit.
Sec. 9. A person may not be commissioned or enlisted in the
Indiana guard reserve if the person is not a citizen of the United
States or if the person has been expelled or dishonorably
discharged from any military or naval organization of this state, of
another state, or of the United States.
Sec. 10. The oath to be taken by officers commissioned in the
Indiana guard reserve shall be substantially in the form prescribed
for officers of the national guard, substituting the words "Indiana
guard reserve" where necessary.
Sec. 11. A person may not be enlisted for more than three (3)
years. However, an enlistment may be renewed. The oath to be
taken upon enlistment in the Indiana guard reserve shall be
substantially in the form prescribed for enlisted persons of the
national guard, substituting the words "Indiana guard reserve"
where necessary.
Sec. 12. (a) If the Indiana guard reserve or any part of the
Indiana guard reserve is ordered out for active service or armory
drill:
(1) the uniform code of military justice governing the Indiana
national guard relating to courts-martial, their jurisdiction,
and the limits of punishment; and
(2) the rules and regulations prescribed under the uniform
code of military justice;
are in full force and effect as provided for in IC 10-16-9-1.
(b) An officer or enlisted person of the Indiana guard reserve
may not be arrested on any warrant, except for treason or felony,
while going to, remaining at, or returning from a place where
ordered to attend for military duty. An officer and enlisted person
of the Indiana guard reserve is, during the service in the Indiana
guard reserve, exempt from service upon any posse comitatus.
Sec. 13. The adjutant general of Indiana, with the approval of
the governor, may procure a policy of group insurance for and
covering members of the military forces of Indiana covering and
insuring against any injury received or had by members from any
accident while on drill or active duty.
Sec. 14. (a) The members of the Indiana guard reserve provided
for in this chapter shall receive pay quarterly for time spent in
authorized drill and instruction to be paid from any appropriation
enacted for that purpose.
(b) The adjutant general shall:
(1) cause quarterly payrolls to be prepared and submitted;
and
(2) provide regulations for the processing of payrolls.
(c) This section applies only to drill and instruction pay and does
not apply to payroll for active duty.
United States armed forces but within the limits prescribed by
federal law for court-martial in the national guard.
(d) If the offense charged is also an offense by the civil law of
Indiana, the officer whose duty it is to approve the charge may
order the person charged to be turned over to the civil authorities
for trial.
(e) Punishment under the rules and articles of the uniform code
of military justice that extend to the taking of life may not be
inflicted, except in time of actual war, invasion, or insurrection,
declared by proclamation of the governor to exist, or to be
threatened or anticipated.
(f) If a:
(1) person resisting the laws of the state or unlawfully or
riotously assembled for that purpose; or
(2) bystander or other person in the vicinity;
is killed or injured by state forces called into active service under
this article and acting in obedience to the orders of its commanding
officer, the officer or member of the Indiana national guard is not
subject to indictment, trial, or any civil process other than by a
court-martial, to be convened for that purpose by the governor.
(g) The finding of the court-martial, when submitted to and
approved by the governor, in accordance with the uniform code of
military justice, is final and conclusive on all persons.
(h) If an indictment is found or information filed against the
person, a writ or other process may not be issued by the clerk of
the court where the indictment was returned or information filed
against the defendant. The clerk shall immediately transmit to the
governor a certified copy, and, upon the receipt of the certified
copy, the governor shall cause to be convened a court-martial to
determine the truth of the charges and the punishment, if any, to
be inflicted.
Sec. 2. (a) The military courts of Indiana shall be organized as
follows:
(1) General court-martial.
(2) Special court-martial.
(3) Summary court-martial.
(b) The courts shall be constituted, have cognizance of the same
subject, and possess like powers, except as to punishments, as
similar courts provided for by the laws and regulations governing
the armed forces of the United States. The proceedings of the
courts-martial must follow the forms and modes of procedure
prescribed for the courts governing the armed forces of the United
States and as approved by the adjutant general.
(c) A general court-martial may be convened by orders of the
governor and may try a person subject to military law. The general
court-martial may impose fines of not more than two hundred
dollars ($200) and sentence a person to:
(1) a forfeit of pay and allowances;
(2) a reprimand;
(3) dismissal or dishonorable discharge from the services;
(4) reduction of noncommissioned officers to the ranks; or
(5) any combination of two (2) or more of the punishments
described in subdivisions (1) through (4).
(d) The adjutant general or the commanding officer of each
camp or other place, division, regiment, separate battalion, air
squadron, group, or other detached command may appoint a
special court-martial for that command. However, a special
court-martial may be appointed by superior authority if the
superior authority considers it desirable. The special
court-martial:
(1) may try any person subject to military law, except a
commissioned officer, for any crime or offense made
punishable by the military laws of the United States or the
state; and
(2) has the same powers of punishment as does a general
court-martial, except that fines imposed by the courts may not
exceed one hundred dollars ($100).
(e) The adjutant general or the commanding officer of each
camp or other place, division, regiment, battalion, company, air
squadron, group, or other detachment of the national guard may
appoint for the place or command a summary court to consist of
one (1) officer, who may administer oaths and try the enlisted
persons of the place or command for breaches of discipline and
violations of laws when governing the organizations. The court,
when satisfied of the guilt of the soldier, may:
(1) impose fines of not more than twenty-five dollars ($25) for
any offense;
(2) sentence noncommissioned officers to reduction in rank;
and
(3) sentence to forfeiture of pay and allowances.
The proceedings of the court must be informal and the minutes
must be the same as prescribed for summary courts of the armed
forces of the United States.
(f) All courts-martial of the Indiana national guard, including
summary courts, may sentence to confinement instead of imposing
an authorized fine if the sentence of confinement does not exceed
one (1) day for each one dollar ($1) of fine authorized.
(g) A sentence of dismissal from the service or dishonorable
discharge imposed by a national guard court-martial may not be
executed until approved by the governor.
(h) A conviction by court-martial that has been approved by the
convening authority under this article may be appealed to a
military court of appellate review. The military court of appellate
review must consist of three (3) Indiana national guard judge
advocates appointed to the military court of appellate review by
the adjutant general.
(i) Presidents of courts-martial and summary courts officers
may do the following:
(1) Issue warrants to arrest an accused person and to bring
the person before the court for trial if the person has
disobeyed an order in writing from the convening authority
to appear before the court. A copy of the charge must be
delivered to the accused with the order.
(2) Issue subpoenas duces tecum.
(3) Enforce by attachment attendance of witnesses and the
production of books and papers.
(4) Sentence for a refusal to be sworn or to answer as
provided in action before civil courts.
(j) All processes of a court-martial, when it is impracticable to
be executed by the military forces of the state, shall be:
(1) brought in the name of the state; and
(2) executed by the civil officers designated by the president
of the court-martial or summary court officer issuing the
process.
The designated civil officer shall execute all processes and return
the processes to the officer who issued the processes. The civil
officer shall be paid the fees and allowances provided for like
processes in civil actions of the state. The fees shall be charged in
case of conviction of the accused as a part of the penalty of the
offense of which the accused may be convicted whether the
punishment for the offense is imprisonment or a fine, or both. The
payment of the costs in addition to the payment of the fine imposed
shall be enforced by imprisonment until the payment is satisfied,
at a rate of one dollar ($1) per day of the costs or fine, or both.
Sec. 3. (a) Fines may be collected in the following manner:
(1) By the retention of any pay or allowances due or to
become due from the state or the United States.
(2) By commitment to a jail designated by the reviewing
authority until the fine is paid or until one (1) day is served
for each one dollar ($1) of the fine imposed.
(3) By payment to the county treasurer. The county treasurer
shall immediately transmit the payment to the treasurer of
state. The treasurer of state shall quarterly pay the sums to
the armory board, and the sums are appropriated
continuously for the purposes of IC 10-16-3-11. It is sufficient
to record upon the payroll opposite the name of the person
fined a notation of the sentence of the court-martial and the
date of approval of the sentence, together with the name and
rank of the reviewing authority.
(b) A sentence of imprisonment imposed by a court-martial
during active service or at camps of instruction shall be carried out
by confinement in a guardhouse, tent, or other places designated
by the reviewing authority. A sentence of imprisonment imposed
by court-martial upon persons not in active service or at camps of
instruction shall be carried out by confinement in a jail to be
designated by the reviewing authority.
Sec. 4. If a fine is assessed by a court-martial against a member
of the Indiana national guard to whom pay is not due or about to
become due, the member of the Indiana national guard fails or
refuses to make payment to the treasurer of the state and the
proceedings of the court have been approved by the reviewing
authority, the reviewing authority in the case of a general or
special court-martial, or the summary court officer in the case of
a summary court-martial, shall issue a writ in a form approved by
the adjutant general for the confinement of the member of the
Indiana national guard until the:
(1) fine has been paid; or
(2) member has served one (1) day for each one dollar ($1) of
the fine imposed and costs of the action accrued.
Sec. 5. If a sentence of imprisonment is to be served in a place
other than in a guardhouse or tent, the reviewing authority in the
case of a general or special court-martial and the summary court
officer in the case of a summary court-martial shall issue to the
sheriff of the county where the confinement has been ordered by
the reviewing authority an order of confinement in a form
approved by the adjutant general.
Sec. 6. (a) The commanding officer of any detachment,
company, or other unit or organization may impose disciplinary
punishment upon any enlisted member of the officer's command.
(b) An officer exercising command normally exercised by a
general officer may impose disciplinary punishment upon any
warrant or commissioned officer of the exercising officer's
command.
(c) A punishment imposed by authority of this section may
include the following:
(1) Admonition.
(2) Reprimand.
(3) Withholding privileges for up to seven (7) twenty-four (24)
hour duty days.
(4) Restriction to specific area limits for up to seven (7)
twenty-four (24) hour duty days.
(5) Imposition of a fine of not more than two-thirds (2/3) of
one (1) month's pay to which the member would have been
entitled during the month of the offense.
(d) A commanding officer may also:
(1) order a member of the officer's command to be confined
under correctional custody for not more than eight (8) days;
(2) reduce the member's rank to the next inferior grade; or
(3) order a member confined and reduce the member's rank
as provided in subdivisions (1) and (2).
However, only the commanding officer who holds promotion
authority over the member charged with an offense may prescribe
the punishment of correctional custody, fine, or reduction in rank.
(e) Fines shall be collected as directed under section 3 of this
chapter.
(f) Confinement shall be carried out in compliance with sections
5 and 11 of this chapter.
(g) This section may not be construed to be a waiver of the right
to trial by court-martial.
(h) A sentence may not be executed until the right of appeal has
been exhausted or waived as prescribed in the uniform code of
military justice.
Sec. 7. (a) Officers, warrant officers, and enlisted persons of the
Indiana national guard may be placed in arrest by their military
superiors for violations of military offenses committed during
periods of authorized military duty.
(b) If any member of the Indiana national guard fails or refuses
to report to the member's appointed place of duty, the
commanding officer may:
(1) arrest or cause to be arrested the member; and
officer, soldier, or airman responsible for any national guard, state
or federal equipment, property, or military stores has:
(1) failed to return the property or any part of the property
on demand of proper authority;
(2) damaged the property beyond the injury resulting from
the necessary use of the arms or other issues; or
(3) caused a deficiency in the number or quantity of the state
and federal arms, property, or military stores;
the amount of the unnecessary damages or losses shall be
determined by a board of survey appointed in accordance with
appropriate national guard regulations.
(b) The amounts due under subsection (a) shall be collected by
law in the name of the state of Indiana and paid into the state
military fund.
(c) The attorney general shall bring the suit in the name of the
state of Indiana and cause the amounts collected to be paid into the
state military fund.
Sec. 3. The uniforms, arms, and equipment of a member of the
national guard, together with any military property of any
detachment company, battery, battalion, regiment, division, air
squadron, or group, are exempt from execution for debt.
Sec. 4. If property owned by the state for the use of the Indiana
national guard is determined by the governor or the adjutant
general to not be of value to the Indiana national guard, the
governor or the adjutant general may enter in the records of the
military department an entry to the effect that the property is not
valuable to the Indiana national guard.
Sec. 5. (a) If an entry under section 4 of this chapter is made, the
governor or adjutant general may order the property sold at public
or private sale as in their judgment will be for the best interests of
the state.
(b) Payment for a sale of property under subsection (a) shall be
made in cash to the adjutant general who shall:
(1) enter of record the receipt of the money;
(2) turn the property over to the purchaser; and
(3) pay the money to the treasurer of the state.
The money becomes and remains a part of the military fund to be
used for the benefit of the Indiana national guard.
Sec. 6. A loan company or pawnbroker that possesses a license
issued by the state or by a municipal corporation shall make a
report, in writing, to the adjutant general, on a form prescribed
and furnished by the adjutant general, showing, by item and serial
number, all property of the United States government:
(1) received as security for a loan or loans of money; or
(2) purchased or otherwise obtained without the advancement
of a loan;
and which is marked with the words "Property of the United States
Government" or is stamped as to indicate that it is the property of
one (1) of the military branches of the United States government.
Sec. 7. A loan company or pawnbroker may not sell or otherwise
dispose of any property described in section 6 of this chapter,
unless the loan company or pawnbroker has obtained a written
permit from the adjutant general authorizing the sale or
disposition of the property and that states that the property:
(1) cannot be identified as being the property of the United
States government or of any of its military branches; and
(2) may be lawfully sold or otherwise disposed of according to
the laws of Indiana and the United States.
Sec. 8. (a) An officer shall report illegal disposition of property.
(b) All law enforcement officers and all commissioned and
noncommissioned officers of the national guard shall seize
immediately all military property:
(1) found in the possession of any person who is not the legal
custodian or owner of the property; or
(2) from a person who may secrete, sell, dispose of, offer for
sale, purchase, or retain the military property;
after a demand has been made upon the person or the person's
legal representative for the return of the military property.
(c) A law enforcement officer, commissioned officer, or
noncommissioned officer of the national guard shall report the
officer's action to the adjutant general.
Sec. 9. (a) A bill or an account may not be made by an officer or
enlisted person with a view of the bill or account being paid by the
state unless the expenditure is expressly authorized by the laws of
Indiana or the adjutant general.
(b) An account may not be paid unless it is accompanied by
vouchers or receipts showing by whomever paid or are to be paid,
to whom paid, date of service, authority for, and amount of the
expenditure, and for what purpose the expenditure was made.
Sec. 10. A personal payment may not be made under this article
to the accountable officer of an organization or unit who does not
fully and satisfactorily account to the adjutant general for all
money paid or property issued to the accountable officer under this
article.
emergency for any period declared by the governor or the
adjutant general. The Indiana emergency service ribbon shall
be awarded to denote honorable state active military duty by
members of the Indiana army and air national guard during
state emergencies.
(6) Other medals for any war or campaign or mobilization for
which a medal has not been awarded by the federal
government may be:
(A) established by executive order of the governor; and
(B) awarded to members of any federally recognized
military force of the state who participated in the military
force.
For the purposes of this article, officers and enlisted persons of the
regular army assigned to the armed forces of Indiana as
instructors and assistant instructors shall be considered as officers
and enlisted persons of the Indiana armed forces.
Sec. 2. The medals and decorations provided for in this chapter
must be of a character and design that shall be decided upon and
approved by a board of officers of the federally recognized Indiana
national guard selected by the adjutant general by order of the
governor. The board shall select proper and appropriate designs
for medals and ribbons and symbols that reflect the history and
traditions of Indiana.
Sec. 3. The governor, through the military department, shall
publish general orders necessary to:
(1) carry out this chapter; and
(2) prepare the rules and procedure by which
recommendations or applications shall be made for any of the
awards and decorations established under this chapter and
for the method and manner of approving the
recommendations and applications and the making of awards.
Chapter 13. Naval Battalion
Sec. 1. In addition to the military forces authorized in Indiana,
a naval or military school in Indiana that is receiving recognition
from the United States Department of the Navy under 34 U.S.C.
312, approved June 29, 1906, may organize not more than four (4)
companies of naval militia that constitute a battalion to be known
as the naval battalion of the Indiana national guard.
Sec. 2. The naval battalion is under the command of the
commandant of the school, who shall hold the ex officio rank of
lieutenant colonel.
Sec. 3. The officers of each naval battalion consist of one (1)
commander and a staff to consist of the following:
(1) One (1) executive officer, with the rank of lieutenant
commander.
(2) One (1) navigating officer and four (4) watch officers with
the rank of lieutenant.
(3) One (1) chief engineer, one (1) paymaster, and one (1)
surgeon, each with the rank of lieutenant.
Sec. 4. Each company consists of the following:
(1) One (1) cadet lieutenant.
(2) One (1) cadet lieutenant (junior grade).
(3) One (1) cadet ensign.
(4) At least forty (40) and not more than one hundred (100)
petty officers and enlisted persons.
Sec. 5. (a) The commissions of the battalion officers shall be
issued by the governor upon the recommendation of the
commandants and of the chairman of the board of trustees of the
school.
(b) The commissions of cadet officers may be issued by the
commandant. However, a cadet officer may not acquire any
authority over militiamen other than a cadet of the school because
of the issuance of the commission of cadet officer.
Sec. 6. The graduation and service of retired or honorably
discharged United States naval officers and graduates of the United
States Naval Academy may be accepted as evidence of fitness
without further examination for appointment as officers of the
naval battalion.
Sec. 7. The minimum age for the enlistment of cadets is fourteen
(14) years of age and the minimum term of enlistment is one (1)
year.
Sec. 8. When the regular term of the naval school is over for the
year, the officers and cadets of the schools may:
(1) return to their homes; and
(2) be excused from weekly drills and from other duties and
formalities;
until the school reopens, unless the officers and cadets are called
together for special duty by the governor or the President of the
United States.
Sec. 9. (a) In all matters not otherwise specifically provided for,
the provisions of this article that provide for the organization of
the Indiana national guard apply to the naval battalion.
(b) An officer or a cadet of the school may not receive from the
state any allowance for uniform or any pay for drills, target
practice, or any other military or naval duties unless called into the
service of the state by the governor in accordance with
IC 10-16-7-17.
Sec. 10. (a) The general routine of duty, discipline, and exercise
of naval battalions and posts must conform with the laws, customs,
and usages of the navy, as far as the laws, customs, and usages of
the navy apply.
(b) If the laws, customs, and usages of the navy do not apply,
then the routine of duty, discipline, and exercise must conform to
the laws governing the volunteer forces of the state.
Chapter 14. Naval Force
Sec. 1. In addition to the land military forces of the state, there
is established a naval force to be known as the Indiana naval force.
Sec. 2. (a) The governor is the commander in chief of the
Indiana naval force.
(b) The naval force is under the immediate command and
jurisdiction of the adjutant general. The adjutant general has all
the rights, powers, and duties in connection with the naval force as
the adjutant general has in connection with the land military
forces.
(c) The governor, as commander in chief, may:
(1) make all necessary rules; and
(2) issue orders;
the governor considers necessary for the organization,
administration, and discipline of the naval force. The rules must
conform, as far as practicable, with the military and naval laws of
the state and the United States.
Sec. 3. All provisions of law relating to governing, maintaining,
and equipping the land military forces of Indiana apply equally to
and govern the naval forces, except for provisions that are
inconsistent with the different nature of the service.
Sec. 4. The commander in chief may accept from the United
States Navy or from any other source for the naval force, and use
any vessel, lifeboat, boat gear, boat equipment, life-saving
equipment, rifles, field pieces, and other naval equipment or
life-saving equipment necessary to properly safeguard the lives and
property of the citizens of Indiana.
Chapter 15. Marine Corps Battalion
Sec. 1. In addition to the land military forces of the state
authorized by law, there is established a naval force to be known
as the Indiana marine corps battalion of militia.
Sec. 2. (a) The governor is the commander in chief of the marine
corps militia forces of Indiana.
(b) The marine corps militia shall be under the immediate
command and jurisdiction of the adjutant general. The adjutant
general has all the rights, powers and duties in connection with the
marine corps militia, as the adjutant general has in connection with
the land military forces.
(c) The marine corps battalion of militia shall be divided into the
following three (3) divisions by the adjutant general:
(1) One (1) for the southern division of the state.
(2) One (1) for the northern division.
(3) One (1) for the central division.
The adjutant general shall determine where each division shall be
located.
(d) A person may not be appointed as an officer of the marine
corps militia who does not hold a United States marine corps
reserve commission.
(e) The governor, as commander in chief, may:
(1) make all necessary rules; and
(2) issue orders;
the governor considers necessary for the organization,
administration, and discipline of the marine corps militia. The
rules must conform, as far as practicable, with the military and
naval laws of Indiana and the United States.
Sec. 3. All provisions of law relating to governing, maintaining,
and equipping the land military forces of Indiana apply equally to
and govern the marine corps militia forces, except provisions that
are inconsistent with the different nature of the service.
Sec. 4. The commander in chief may accept and use from the
United States Navy, or from any other source, for the marine corps
militia any vessel, lifeboat, boat gear, boat equipment, life-saving
equipment, rifles, field pieces, and any other naval equipment or
life-saving equipment necessary to properly safeguard the lives and
property of the citizens of Indiana.
Sec. 5. (a) The lieutenant colonel in command of the battalion of
the marine corps militia shall be appointed by the governor from
the regular marine corps reserve officers in Indiana.
(b) The lieutenant colonel shall act as chief of staff subject to the
orders of the:
(1) governor;
(2) adjutant general; and
(3) major general commandant of the United States Marine
Corps.
information is secured, if practicable, and except where an
immediate burial should be made to avoid the danger of contagion:
(1) Was the deceased a veteran of any of the wars in which the
United States has been engaged?
(2) If so, what is the date when the veteran entered the service,
and what is the date on which the veteran was discharged?
(3) What medals and decorations were won by the veteran?
(4) What was the division or regiment in which the veteran
was enlisted?
(b) If the death certificate shows that the deceased was a veteran
of any war in which the United States has been engaged, that
information shall be placed upon the burial permit.
Sec. 3. There is annually appropriated to the governor an
amount of not more than one thousand dollars ($1,000) from the
state general fund to pay any expenses that are incurred in the
administration and enforcement of this chapter.
Chapter 18. Stout Field; Ban on Commercial Flights
Sec. 1. A contract may not be entered into by the adjutant
general or the armory board that provides for the use of Stout
Field, Indianapolis, for purposes of commercial flying by
transportation companies.
SECTION 8. IC 10-17 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2003]:
ARTICLE 17. VETERANS' AFFAIRS
Chapter 1. Indiana Veterans' Affairs
Sec. 1. The purpose of this chapter is to create a department
with full authority to aid and assist veterans of the armed forces of
the United States entitled to benefits or advantages provided on or
after March 3, 1945, by the United States, the state, or another
state or government.
Sec. 2. (a) The Indiana department of veterans' affairs is
established. The:
(1) department;
(2) commission of veterans' affairs;
(3) director of veterans' affairs;
(4) county and city officers; and
(5) assistants and employees of persons described in
subdivisions (1) through (4);
acting under the supervision of and under the rules of the
department may act at the request of any veteran of the armed
forces or a veteran's spouse, surviving spouse, or dependent as
necessary or reasonably incident to obtaining or attempting to
obtain for the person making the request any advantage, benefit,
or compensation accruing, due, or believed to be accruing or due
to the person under any law of the United States, Indiana, or any
other state or government by reason of the service of the veteran
in the armed forces of the United States.
(b) The:
(1) veterans' affairs commission shall supervise and control
the department; and
(2) director of veterans' affairs shall administer the
department under the commission's supervision and control;
as provided in this article.
(c) The domicile of the department is in Indianapolis. Suitable
offices and quarters shall be provided in Indianapolis.
Sec. 3. (a) There is established a veterans' affairs commission.
The commission consists of four (4) members appointed by the
governor for four (4) year terms. However, terms of office of
commission members terminate with the term of office of the
governor or when successors are appointed and qualified.
Members of the commission must be honorably discharged
veterans who have had at least six (6) months service in the armed
forces of the United States and are citizens of the United States and
Indiana. Not more than two (2) members of the commission may
be:
(1) active members of the same veterans' organization; or
(2) members of the same political party.
Vacancies in the commission must be filled by the governor, and
the appointees shall serve for the remainder of the term of office of
the original appointee. Each member of the commission before
entering upon the member's duties shall take and subscribe an oath
that the member will support the Constitution of the United States
and the Constitution of the State of Indiana and will faithfully
discharge all the duties devolving upon the member as a member
of the commission.
(b) Members of the commission shall each be paid ten dollars
($10) for each day devoted to the work of the commission but not
more than one thousand dollars ($1,000) each in any one (1) fiscal
year. Members are also entitled to reimbursement for necessary
traveling and other expenses.
(c) The commission shall elect annually one (1) commission
member as chairperson. The:
(1) principal office of the commission must be maintained in
Indianapolis in space:
(A) provided by the proper state officials; or
(B) rented or otherwise provided if suitable space cannot
be obtained in state buildings;
(2) records of the commission must be maintained in the
principal office; and
(3) regular meetings of the commission must be held at the
principal office unless the chairperson finds it is necessary or
convenient in the performance of the duties of the commission
to meet at some other place in Indiana.
At least one (1) regular meeting must be held per quarter. Special
meetings may be held at times and places specified by the call of
the chairperson, a majority of the commission, or the governor.
Notice of the date, time, and place of meetings must be given in
person or by mail by the director of veterans' affairs. A majority
of the members of the commission constitutes a quorum for the
transaction of business. The director of veterans' affairs shall act
as secretary of the commission and shall keep adequate records
and minutes of the commission's business and official actions.
(d) The governor may remove any member of the commission
if the governor considers the member to be guilty of misconduct,
incapability, or neglect of duty.
Sec. 4. The commission may do acts necessary or reasonably
incident to the fulfillment of the purposes of this chapter, including
the following:
(1) Adopt rules under IC 4-22-2 to administer this chapter.
(2) Advise the veterans' state service officer in problems
concerning the welfare of veterans.
(3) Determine general administrative policies within the
department.
Sec. 5. (a) The position of director of veterans' affairs is
established. The governor shall appoint the director for a four (4)
year term. However, the term of office of the director terminates
when the term of office of the governor terminates or when a
successor to the director is appointed and qualified. The director
must be:
(1) an honorably discharged veteran who has at least six (6)
months service in the armed forces of the United States; and
(2) a citizen of Indiana and a resident of Indiana for at least
five (5) years immediately preceding the director's
appointment.
(b) The director is entitled to reimbursement for necessary
traveling and other expenses.
(c) The governor may remove the director if the governor
considers the director guilty of misconduct, incapability, or neglect
of duty.
(d) The governor shall appoint an assistant director of veterans'
affairs. The assistant director is entitled to receive reimbursement
for necessary traveling and other expenses. The assistant director
has the same qualifications as the director of veterans' affairs and
shall assist the director in carrying out this chapter.
Sec. 6. (a) The director of veterans' affairs:
(1) is the executive and administrative head of the department
of veterans' affairs; and
(2) shall direct and supervise the administrative and technical
activities of the department;
subject to the general supervision of the commission.
(b) The duties of the director include the following:
(1) To attend all meetings of the commission and to act as
secretary and keep minutes of the commission's proceedings.
(2) To appoint, by and with the consent of the commission,
under this chapter and notwithstanding IC 4-15-2, the
employees of the department necessary to carry out this
chapter and to fix the compensation of the employees.
Employees of the department must be:
(A) honorably discharged veterans who have had at least
six (6) months service in the armed forces of the United
States and who are citizens of the United States and
Indiana; or
(B) spouses, surviving spouses, parents, or children of an
individual described in clause (A).
An employee must qualify for the job concerned.
(3) To carry out the program for veterans' affairs as directed
by the governor and the commission.
(4) To carry on field direction, inspection, and coordination of
county and city service officers as provided in this chapter.
(5) To prepare and conduct service officer training schools
with the voluntary aid and assistance of the service staffs of
the major veterans' organizations.
(6) To maintain an information bulletin service to county and
city service officers for the necessary dissemination of
material pertaining to all phases of veterans' rehabilitation
and service work.
(7) To perform the duties described in IC 10-17-11 for the
Indiana state veterans' cemetery.
Sec. 7. The director of veterans' affairs may act as agent of a
veteran under a power of attorney authorizing the director to act
on behalf of the veteran in obtaining a benefit or an advantage
provided under Indiana law.
Sec. 8. The commission may adopt rules necessary to:
(1) obtain benefits under present and future enactments of the
Congress of the United States concerning veterans' affairs;
and
(2) enter into on behalf of the state contracts or agreements
with the government of the United States to receive benefits
under present and future federal enactments concerning
veterans' aid and benefits.
A contract or agreement entered into under subdivision (2) must
first be approved by the governor and attorney general.
Sec. 9. (a) A county executive:
(1) shall designate and may employ a county service officer;
and
(2) may employ service officer assistants;
to serve the veterans of the county.
(b) The fiscal body of a city may provide for the employment by
the mayor of a city service officer and service officer assistants to
serve the veterans of the city.
(c) If the remuneration and expenses of a county or city service
officer are paid from the funds of the county or city employing the
service officer, the service officer shall:
(1) have the same qualifications and be subject to the same
rules as other employees of the department of veterans'
affairs; and
(2) serve under the supervision of the director of veterans'
affairs.
(d) County and city fiscal bodies may appropriate funds
necessary for the purposes described in this section.
Sec. 10. A county or city service officer shall, in the discretion of
the director of veterans' affairs, undergo a course of training to
adequately address problems of discharged veterans in the service
officer's county or city, including a thorough familiarization with
laws, rules, and regulations of the federal government and the state
that affect benefits to which the veterans and dependents of the
veterans are entitled.
Chapter 2. County Recording of Military Discharge
Sec. 1. To provide a special and permanent record of discharges
from a branch of the military service of the United States of
members of a branch of the service who are residents of Indiana,
the county recorder shall procure a sufficiently large and well
bound book of good material in which the county recorder shall
record all discharges.
Sec. 2. A book providing for the recording of discharges from
the army, navy, or any other branch of the service must consist of
printed forms in blank, similar to and in conformity with the
wording of the forms of discharge used by the United States
government, the size of type being reduced to permit the printing
of the form of the discharge on one (1) page of the record. Each
book must be provided with an alphabetical index.
Sec. 3. A fee may not be collected for recording a discharge
under this chapter. The recorder shall immediately provide the
discharged person with a certified copy of the discharge at no
charge in accordance with IC 10-17-3-2.
Chapter 3. Certified Copies of Discharge Documents
Sec. 1. As used in this chapter, "honorably discharged veterans"
includes persons placed on inactive duty under honorable
conditions but not discharged from military service.
Sec. 2. The state or a political subdivision shall provide upon
request, without charge or fee, one (1) certified copy of a document
or record if it is shown that the certified copy is necessary to secure
benefits to:
(1) members of the military service;
(2) honorably discharged veterans; or
(3) surviving spouses or dependents of an individual described
in subdivision (1) or (2);
under a federal or state law.
Sec. 3. The state or a political subdivision may collect a charge
per copy of not more than the amount specified in IC 36-2-7-10(b)
if a person requests more than one (1) certified copy of the
document or record. The funds received under this section shall be
placed in the general fund of the state or county.
Chapter 4. Leave of Absence for Military Training
Sec. 1. (a) A person who:
(1) is a qualified member of the reserve components of the
armed forces;
(2) is a member of the Ready Reserve;
(3) is a member of an organized unit;
(4) in order to receive military training with the armed forces
of the United States not to exceed fifteen (15) days in one (1)
calendar year:
(A) leaves a position other than a temporary position in the
employ of an employer; and
(B) provides evidence:
(i) defining date of departure and date of return for
purposes of military training ninety (90) days before the
date of departure; and
(ii) of the satisfactory completion of the training
immediately after the training is completed; and
(5) is qualified to perform the duties of the position described
in clause (A);
is entitled to be restored to the person's previous or a similar
position with the same status and pay.
(b) Seniority continues to accrue during a period of absence
described in subsection (a), and the period of absence for military
training must be construed as an absence with leave. At the
discretion of the employer, the leave may be with or without pay.
Sec. 2. Absence for military training does not affect an
employee's right to receive normal vacation, sick leave, bonus,
advancement, and other advantages of the employee's particular
position.
Sec. 3. If an employer fails to comply with sections 1 and 2 of
this chapter, an employee may:
(1) bring an action at law for damages for the employer's
noncompliance; or
(2) apply to the circuit court for equitable relief that is just
and proper under the circumstances.
Sec. 4. (a) A person who, as a reserve member of the armed
forces of the United States, is called upon to receive temporary
military training is entitled to a temporary leave of absence from
the person's employer not to exceed fifteen (15) days per calendar
year. A person described in this section shall:
(1) provide the employer with evidence of the dates of the
person's departure and return as soon as practicable before
the person's departure; and
(2) furnish the employer, upon the person's return, evidence
of the person's satisfactory completion of the training.
Upon the person's return, the person shall be restored to the
person's previous or similar position, with the same status that the
person held before leaving for the person's training period.
(b) A leave granted under this section may be granted, with or
without pay, within the discretion of the employer.
and sailors of the Civil War.
Sec. 3. (a) A nurse who:
(1) served as a nurse during World War I with the armed
forces of the United States;
(2) was honorably discharged from service; and
(3) is a resident of Indiana;
has the benefits, rights, privileges, and immunities conferred under
Indiana law upon honorably discharged soldiers, sailors, and
marines who served in World War I.
(b) The benefits, rights, privileges, and immunities described in
subsection (a) that are conferred under Indiana law upon a
representative, an heir, or a relative of an honorably discharged
deceased soldier, sailor, or marine who served in the armed forces
of the United States during World War I are also conferred upon
a representative, an heir, or a relative of a deceased nurse
described in subsection (a).
Chapter 6. Contracts of Minor Veterans Under Servicemen's
Readjustment Act of 1944
Sec. 1. (a) A person who is:
(1) less than twenty-one (21) years of age; and
(2) authorized to participate in the rights, privileges, and
benefits conferred by the federal Servicemen's Readjustment
Act of 1944, as amended, and other acts of Congress granting
a right, privilege, or benefit to veterans;
and the minor spouse of a person described in subdivisions (1) and
(2) may execute a contract that is necessary to the full realization
of the rights, privileges, and benefits conferred under the federal
law if the person is otherwise competent to enter into agreements
and contracts.
(b) A contract entered into under subsection (a) by a person who
is less than eighteen (18) years of age has the same force and effect
as contractual obligations of a person who is at least eighteen (18)
years of age.
Chapter 7. Dependent Benefits of Vietnam Prisoners
Sec. 1. As used in this chapter, "dependent" means a child:
(1) born before or during the period during which the child's
father was a prisoner of war or person missing in action; or
(2) legally adopted or in the legal custody of the child's father
before and during the period during which the father was a
prisoner of war or person missing in action.
Sec. 2. As used in this chapter, "prisoner of war or person
missing in action" means a person who:
available to the veteran at physicians' offices, hospitals, and county
courthouses.
(b) The department shall provide forms to all physicians,
hospitals, and county courthouses in Indiana for distribution to a
veteran who believes that the veteran may have been exposed to
chemical defoliants or herbicides or similar agents while serving in
the armed forces of the United States. Forms provided under this
subsection must request the following information:
(1) Symptoms of the veteran that may be related to exposure
to a chemical defoliant or herbicide or similar agent,
including agent orange.
(2) Diagnosis of the veteran.
(3) Methods of treatment prescribed.
(c) The department may require the veteran to provide other
information determined by the director.
Sec. 6. (a) The department, in consultation and cooperation with
a department certified medical toxicologist and herbicide specialist,
shall compile information submitted under this chapter into a
report. The report must contain an evaluation of the information
and shall be distributed annually to the legislative services agency,
the United States Department of Veterans Affairs, the state
department of health, and other veterans groups. The report must
also contain:
(1) current research findings on the exposure to chemical
defoliants or herbicides or similar agents, including agent
orange; and
(2) statistical information compiled from reports submitted by
physicians or hospitals.
(b) The department shall forward to the United States
Department of Veterans Affairs a copy of all forms submitted to
the department under section 5 of this chapter.
Chapter 9. Indiana Veterans' Home
Sec. 1. The conduct and maintenance of the Indiana Veterans'
Home, located near Lafayette in Tippecanoe County, Indiana, are
governed by this chapter and IC 16-19-6.
Sec. 2. The home may receive for the use of the institution and
expend as the donor directs:
(1) gifts;
(2) legacies;
(3) devises; and
(4) conveyances;
of real and personal property that are made, given, or granted to
or for the home or in its name.
Sec. 3. The board of county commissioners in each county may
appropriate money out of the general fund of the county to erect
cottages or any other needed building on the grounds of the home.
Sec. 4. The superintendent of the Indiana Veterans' Home,
subject to applicable orders and rules made by the administrative
unit for special institutions of the state department of health:
(1) has the immediate charge and management of the
institution;
(2) directs and controls the resident employees; and
(3) superintends the care and management of the members in
the home.
Sec. 5. (a) A person may not be appointed or employed in an
office or a place in the institution by the superintendent of the
Indiana Veterans' Home because of the political views or affiliation
of the appointee or employee or for a reason other than capacity
and fitness for the duties to be performed by the appointee or
employee. However, among applicants for appointment found
capable and fit, preference shall be given to an honorably
discharged military veteran and the spouse, widow, widower,
mother, and child of an honorably discharged military veteran.
(b) In appointing a candidate for the position of superintendent
of the Indiana Veterans' Home, the state health commissioner shall
give preference to a person who has been honorably discharged
after service in the armed forces of the United States.
Sec. 6. The superintendent may remove or suspend an employee
appointed by the superintendent of the Indiana Veterans' Home
only for cause and subject to the state personnel act under
IC 4-15-2.
Sec. 7. (a) The following persons who are legal residents of
Indiana for at least three (3) years immediately preceding
application for admission and who are disabled or destitute are
eligible for admission to the home:
(1) An honorably discharged member of the armed forces who
has served with the United States in any of its wars.
(2) An honorably discharged member of the armed forces who
has served in an authorized campaign of the United States and
who has a service connected disability, as evidenced by a
pension certificate or the award of compensation.
(3) The spouse of an honorably discharged member of the
armed forces described in subdivision (1) or (2).
(4) The surviving spouse of an honorably discharged member
of the armed forces described in subdivision (1) or (2).
(b) The administrative head of the administrative unit for
special institutions of the state department of health or its
successor shall adopt rules concerning admission to the home.
(c) In adopting rules governing the admission, maintenance, and
discharge of members of the veterans' home, the administrative
head of the administrative unit for special institutions of the state
department of health or its successor may establish a fund called
the veterans' home comfort and welfare fund. The administrative
head shall deposit all money collected from the members for the
cost of their care and maintenance in the fund. The administrative
head shall expend this money in any manner that adds to the
comfort and welfare of the members of the institutions.
(d) A part of the veterans' home comfort and welfare fund may
be withdrawn and deposited in a special fund called the veterans'
home building fund. The veterans' home building fund shall be
used for the construction, maintenance, remodeling, or repair of
buildings of the Indiana Veterans' Home.
(e) Preference under this section may be given to a person who
served in an Indiana military organization. Except in cases where
the surviving spouse of a veteran marries another veteran, the
benefits of this chapter extend only to a surviving spouse and the
spouse of a veteran if the contract of marriage was entered into
more than five (5) years before the date of death of the veteran.
Except as otherwise provided by law, upon the death of a person in
the home, money paid to the person or due to the person from a
bank, a trust company, a corporation, or an individual becomes an
asset of the person's estate and shall be distributed in the manner
prescribed by the probate law of the state.
Sec. 8. (a) Each member, the estate of a deceased member, or
the estate of a member under guardianship is liable for the costs of
maintenance of the member in an amount up to one hundred
percent (100%) of the daily per capita cost of personal services and
all other operating expenses for the preceding fiscal year. The per
capita charge may be adjusted to reflect the level of care provided.
(b) The level of care must be as consistent as possible with:
(1) the care category of the facility in which the member is
placed;
(2) the rules of the Indiana health facilities council adopted
under IC 16-28; and
(3) the applicable code of the federal government covering
reimbursement from the United States Department of
Veterans' Affairs or another department of the federal
government.
(c) The liability created for the costs of maintenance of a
member constitutes a lien upon the real property of the member if
the lien is recorded as provided in this chapter. The lien has
priority over all liens subsequently acquired.
Sec. 9. (a) The billing and collection of the maintenance cost of
a member under section 8 of this chapter shall be made by the
superintendent of the Indiana Veterans' Home based on the per
capita cost for the preceding fiscal year.
(b) All money collected shall be deposited in the veterans' home
comfort and welfare fund. The fund shall be used in part by the
state health commissioner for the comfort and welfare of the
members and in part to reimburse the state general fund in an
amount specified by the general assembly.
(c) Excess money in the veterans' home comfort and welfare
fund shall be placed in the veterans' home building fund.
(d) The fund shall be used for new construction, maintenance,
remodeling, and repair of the buildings at the Indiana Veterans'
Home.
Sec. 10. (a) The superintendent of the Indiana Veterans' Home,
with the approval of the state health commissioner, may accept
payment at a lesser rate than prescribed in section 8 of this
chapter. The superintendent of the Indiana Veterans' Home, in
determining whether or not to accept the lesser amount, shall
consider the amount of money necessary to maintain or support a
dependent of the member. An agreement to accept a lesser amount
is subject to cancellation or modification at any time by the
superintendent of the Indiana Veterans' Home with the approval
of the state health commissioner.
(b) A member who is issued a statement of a sum due as
maintenance charges may petition the superintendent of the
Indiana Veterans' Home for a release from or modification of the
statement. The superintendent shall submit a written statement of
the facts to the state health commissioner for a final determination.
Sec. 11. (a) The superintendent of the Indiana Veterans' Home,
with the approval of the state health commissioner, may adopt a
standard method of determining a lesser rate to be accepted in
settlement of maintenance charges due from a member of the
home. A member shall receive at least thirty dollars ($30) per
month for personal needs before a maintenance charge is levied
against current income.
the Indiana Veterans' Home. The lien continues from the date of
filing until the lien is satisfied or released.
Sec. 13. (a) The attorney general, upon notification of the
superintendent of the Indiana Veterans' Home, shall file a claim in
the name of the state on behalf of the superintendent of the home
against the estate of a person who fails to make payment as
required in this chapter. If the claim is allowed or judgment is
obtained, the claim or judgment constitutes a lien against that part
of the estate of the person described in the claim.
(b) The attorney general may bring suit against the legal
guardian of a patient for failure to comply with an established
maintenance agreement or for failure to make an agreement. Suit
may be brought for the amount due the state for the maintenance
charges of the member. The court may order the payment of
maintenance charges for a period as the circumstances require. An
order may be entered against one (1) or more of the defendants. An
order for the payment of money may be enforced by attachment,
garnishment, or a proceeding supplemental against the defendants.
Other judgments at law and costs may be adjudged against the
defendants and apportioned among them.
(c) The attorney general may bring a proceeding to foreclose on
a lien arising from maintenance charges under section 8 of this
chapter during the lifetime of the member if the superintendent
believes it is in the best interest of the veterans' home to foreclose
on the lien.
(d) Upon:
(1) the death of a member whose property is encumbered by
a lien arising under section 8 of this chapter; and
(2) notification by the superintendent;
the attorney general shall file a claim against the member's estate
for recovery of all charges for maintenance that have accrued at
the date of death. Notwithstanding any other law, a claim filed for
recovery of charges for maintenance has priority in order of
payment from the estate over all other claims except prior
recorded encumbrances, taxes, reasonable costs of administration,
and reasonable funeral expenses. However, if real property of the
deceased member is occupied by a surviving spouse of the member,
the home may not assert its lien or claim during the lifetime of the
surviving spouse. However, if other claimants or persons have
opened an estate and are attempting to enforce their claims, or if
there have been fraudulent attempts to avoid the claim or lien, the
veterans' home shall file and assert the claim for recovery of costs
of treatment and maintenance.
Sec. 14. The superintendent of the Indiana Veterans' Home may
make agreements with instrumentalities of the federal government
for application of monetary awards to be applied toward the
maintenance charges to provide a sufficient amount of the periodic
award to be deposited in the member's trust account to meet the
immediate personal needs of a member. The amount applied
toward the settlement of maintenance charges may not exceed the
amount specified in section 8 of this chapter.
Sec. 15. (a) If space is available, the superintendent of the
Indiana Veterans' Home, with the approval of the state health
commissioner, may accept a veteran who is:
(1) otherwise eligible for admission to the home;
(2) in need of nursing home care; and
(3) transferred at the request of the United States Department
of Veterans' Affairs from one (1) of its facilities.
(b) The United States Department of Veterans' Affairs under
United States Department of Veterans' Affair's regulations shall
award the cost of care to the home. A rate of charge described in
section 8 of this chapter may not be used to determine the cost of
care under this section.
Sec. 16. (a) The treasurer of state may require an investigation
to determine the true number of members in the home at any time.
(b) Twenty percent (20%) of the money annually allowed by the
government of the United States for a military veteran maintained
in the home shall be deposited in the state general fund to the
credit of the veterans' home building fund. Money deposited in the
state general fund may be invested in securities of the United States
government. The money in the building fund shall be used only for
the maintenance, remodeling, or repair of buildings at the Indiana
Veterans' Home. Money deposited in the building fund is
appropriated and subject to allocation by the budget committee.
The remaining eighty percent (80%) of the money annually
allowed by the government of the United States for a military
veteran maintained in the home shall be deposited in the state
general fund as a reimbursement to the general fund for operating
expenses of the home.
Chapter 10. Veterans' Burial Allowance
Sec. 1. If:
(1) a person who dies:
(A) has served as a member of the armed forces of the
United States as a soldier, sailor, or marine in the army, air
force, or navy of the United States or as a member of the
women's components of the army, air force, or navy of the
United States, is a resident of Indiana, and while a member
of the armed forces and before discharge from the armed
forces or after receiving an honorable discharge from the
armed forces; or
(B) is the spouse or surviving spouse of a person described
in clause (A) who is a resident of Indiana; and
(2) a claim is filed for a burial allowance:
(A) by an interested person with the board of
commissioners of the county of the residence of the
deceased person; and
(B) stating the fact:
(i) of the service, death, and discharge if discharged from
service before death; and
(ii) that the body has been buried in a decent and
respectable manner in a cemetery or burial ground;
the board of commissioners shall hear and determine the claim like
other claims and, if the facts averred are found to be true, shall
allow the claim of not more than one hundred dollars ($100) for
service rendered and material furnished in care of the body and
where necessary an amount of not more than twenty-five dollars
($25) for a place of burial of the body.
Sec. 2. (a) Not more than one (1) claim may be allowed for a
decedent who qualifies under this chapter.
(b) The total sum of the claim filed and for which allowances
must be made may not exceed one hundred dollars ($100).
However, if the federal government provides a marker for the
grave of the person, the board of commissioners shall make a
further allowance of not more than one hundred dollars ($100) for
setting of the marker.
Sec. 3. Money expended by a county under this chapter shall be
considered a gift. Persons for and on behalf of the state or a
political subdivision of the state may not file a claim for a lump
sum death benefit with the federal Social Security Administration
claiming reimbursement for money so expended.
Sec. 4. Before a person enters into a contract to set a grave
marker provided by the federal government as described in section
2(b) of this chapter with a person who receives the grave marker
from the federal government or the person's representative, the
person who will set the grave marker must disclose the following
information to the person who receives the grave marker or the
person's representative:
(1) The price of the least expensive installation procedure that
the person who will set the grave marker will charge and a
description of the goods and services included in the
procedure.
(2) The prices of any other installation procedures or options
that may be performed or provided by the person who will set
the grave marker and a description of the goods and services
included in the procedures or options.
Chapter 11. Indiana State Veterans' Cemetery
Sec. 1. As used in this chapter, "cemetery" refers to the Indiana
state veterans' cemetery established by this chapter.
Sec. 2. As used in this chapter, "commission" refers to the
veterans' affairs commission established by IC 10-17-1-3.
Sec. 3. As used in this chapter, "department" refers to the
Indiana department of veterans' affairs established by
IC 10-17-1-2.
Sec. 4. The Indiana state veterans' cemetery is established.
Sec. 5. The cemetery consists of real property located on the
grounds of Madison State Hospital in Jefferson County, Indiana.
Sec. 6. The director of veterans' affairs or the director's
designee may act under this chapter as the official representative
for the commission in accordance with IC 10-17-1-8.
Sec. 7. The department may do the following:
(1) Adopt rules under IC 4-22-2 to carry out this chapter.
(2) Contract with persons or agencies to carry out the duties
established under this chapter.
Sec. 8. The department shall do the following:
(1) Oversee the construction of the cemetery.
(2) Operate and maintain the cemetery.
Sec. 9. (a) The Indiana state veterans' cemetery fund is
established as a dedicated fund for the purpose of providing money
for planning, construction, operation, and maintenance of the
cemetery. The fund shall be administered by the director of
veterans' affairs.
(b) The expenses of administering the fund shall be paid from
money in the fund. The fund consists of the following:
(1) Money appropriated by the general assembly for purposes
of this chapter.
(2) Money donated to the department and designated for use
under this chapter.
(3) Funds received from the federal government.
term.
Sec. 4. (a) The governor shall execute a certificate of
appointment that makes reference to this chapter and sets forth the
term of appointment for each member of the commission. The
governor shall deposit the certificates of appointment in the office
of the secretary of state, who shall record the certificates in a book
kept for that purpose.
(b) The secretary of state shall notify each person appointed as
a commissioner of the person's appointment. The person's
acceptance of the appointment shall be signified by subscribing to
an oath, to be endorsed on the certificate of appointment:
(1) to support the Constitution of the United States and the
Constitution of the State of Indiana; and
(2) to faithfully and honestly discharge the person's duty
under the law as a commissioner.
(c) The secretary of state shall deliver the certificate, when
recorded, to the person named in the certificate. The certificate
constitutes the commission of the person named as a member of the
commission for the term specified.
(d) If a person appointed fails to qualify under this section
within ten (10) days after notice of the person's appointment, the
governor shall appoint another qualified person as a commissioner.
Sec. 5. (a) The commission shall elect the following:
(1) One (1) member of the commission to serve as president.
(2) One (1) member of the commission to serve as vice
president.
(3) One (1) qualified person who is not a member of the
commission to serve as secretary of the commission.
The commission shall elect officers each year. Officers shall hold
their respective offices for one (1) year or during the pleasure of
the commission.
Sec. 6. (a) The president and vice president of the commission
shall, before entering upon the discharge of their duties, give bond
to the approval of the governor, each in the sum of ten thousand
dollars ($10,000), conditioned for the faithful performance of the
duties as may be imposed upon them by law.
(b) The officers and any other officers required to give a bond
under this chapter may furnish as surety any surety company
authorized to transact business in Indiana that meets the approval
of the commission, and the premium on any bond shall be paid as
a part of the expenses of the commission.
Sec. 7. (a) The president shall do the following:
accrues from these investments shall be deposited in the fund.
(e) All money accruing to the fund is appropriated continuously
for the purposes of the fund.
(f) Money in the fund at the end of a fiscal year does not revert
to the state general fund.
Sec. 15. (a) All flag cases completed shall be in the custody of the
commission. The superintendent shall have the cases cleaned
periodically as necessary.
(b) The commission may determine the method and manner in
which the flags shall be preserved.
Sec. 16. (a) Out-lot five (5) and out-lot thirty-six (36), in
Indianapolis, according to the original plat of the city, are
dedicated and set apart as grounds for the Indiana War Memorial
subject to the provisions of this chapter.
(b) Out-lots five (5) and thirty-six (36) dedicated in subsection
(a), together with all or any part of squares five (5) and sixteen (16)
or any part of those squares, in Indianapolis, according to the
original plat of the city, that are acquired, dedicated, and set apart
and added to the real estate dedicated in subsection (a) by:
(1) the state; or
(2) Indianapolis, by Marion County, or Indianapolis and
Marion County jointly and then conveyed by the city, county,
or city and county jointly by proper deed, grant, or contract
to the state;
for War Memorial and other public purposes constitutes and shall
be referred to as "Memorial Place". The permanent name of
"Memorial Place" shall be selected by the commission.
(c) A necessity is declared to exist to limit:
(1) the kind, character, and height of buildings upon; and
(2) the use of real estate and buildings that are located within
three hundred (300) feet of the outside boundaries of;
Memorial Place as constituted in this chapter. The commission
may acquire, by purchase, donation, or condemnation, the right to
limit the kind, character, and height of buildings upon and the use
of real estate and buildings on real estate within three hundred
(300) feet of the outside boundaries of Memorial Place.
(d) The commission shall erect and maintain in Indianapolis,
upon or within grounds dedicated or acquired under this chapter,
as the commission considers best, a suitable structure or
structures:
(1) to commemorate the valor and sacrifice of the soldiers,
sailors, and marines of the United States and of all others who
rendered faithful, loyal, heroic, and self-sacrificing service at
home and overseas in World War I;
(2) to provide a place or places of meeting and headquarters
for organizations of soldiers, sailors, and marines or any other
patriotic societies or associations;
(3) to keep records, archives, documents, flags, mementos, and
relics; and
(4) for other public meetings and other public purposes;
to inculcate a true understanding and appreciation of the duties,
benefits, and privileges of American citizenship and inspire
patriotism and respect for the law to the end that peace may
prevail, good will be promoted, justice be administered and
established, public order maintained, and liberty and freedom
under the law perpetuated.
Sec. 17. (a) If squares five (5) and sixteen (16) or any part of
those squares in Indianapolis, according to the original plat of the
city, are acquired, dedicated, and set apart and added to the real
estate dedicated in this chapter by the state for war memorial and
other public purposes by Indianapolis, by Marion County, or by
the city and county jointly by proper deed, contract, or grant, by
which the city or county, or the city and county jointly, convey the
real estate or any part of the real estate to the state for war
memorial and other public purposes, the commission may accept
from the city, the county, or the city and county jointly the deed,
grant, or contract by which the real estate or any part of the real
estate is conveyed to the state for war memorial and other public
purposes, subject to the terms, conditions, and provisions
contained in the deed, grant, or contract.
(b) The commission may agree that, to the extent that the city,
the county, or the city and county jointly appropriate and use
money in the acquisition of the real estate or any part of the real
estate, the real estate and interests in the real estate and the
memorial structures erected on the real estate (to the extent of the
money so appropriated and used by the city, by the county, or by
the county and city jointly) shall be a city war memorial, a county
war memorial, or a joint war memorial.
(c) If the real estate or any part of the real estate is acquired and
conveyed to the state, the commission may erect structures on
outlots five (5) and thirty-six (36) dedicated in this chapter or upon
any part of the real estate so dedicated or acquired as provided in
this chapter as the commission considers best.
(d) The commission shall develop any part or all of the real
estate described in this chapter that has been dedicated or acquired
as provided in this chapter as a memorial place, together with
square twenty-five (25), known as University Square in
Indianapolis, according to the original plat of the city, to secure a
harmonious and unified architectural and aesthetic effect of the
entire series of grounds used and dedicated for memorial purposes.
The grounds must include square twenty-five (25), known as
University Square, which shall be and constitute a part of the
memorial park, and shall be used as a public park.
(e) The commission may sell buildings and improvements
situated on outlots five (5) and sixteen (16) when they come under
the commission's jurisdiction, custody, and control or remove the
buildings and improvements as the commission considers best. The
commission may contract with Indianapolis, with Marion County,
or with the county and city jointly, concerning the use and rents of
the buildings and improvements on squares five (5) and sixteen (16)
until it is necessary to remove the buildings for the purpose of
erecting the memorial structure or structures. The commission
may contract with the city or county or the city and county jointly
with reference to the sale of buildings and improvements upon the
real estate that may be acquired and conveyed to the state by the
city or county or by the city and county jointly for War Memorial
and other public purposes. The contracts must provide how the
proceeds from the rent or sale of buildings and improvements shall
be applied.
Sec. 18. The commission may do the following:
(1) Make and execute contracts and other instruments that
may be required in connection with the erection and
maintenance of a suitable structure or structures upon or
within Memorial Place.
(2) Adopt rules for the following:
(A) The proper management, government, and use of
Memorial Place and the structures situated on Memorial
Place.
(B) The government of employees.
(3) Acquire by condemnation the right to limit the kind,
character, and height of buildings upon and the use of real
estate or buildings located within three hundred (300) feet of
the outside boundaries.
(4) Adopt reasonable rules as are proper to limit the kind,
character, and height of buildings located or erected within
three hundred (300) feet of the outside boundaries of
Memorial Place and the use of the buildings or real estate. A
building constructed or maintained or business conducted in
violation of any rule may be abated as a nuisance in an action
begun and prosecuted by the commission.
(5) Receive donations, gifts, devises, and bequests and use
them in connection with the purposes of this chapter.
Sec. 19. (a) The grounds that belong to the state in Indianapolis:
(1) designated in the Constitution of the State of Indiana as
Governor's Circle;
(2) later called "Circle Park"; and
(3) known and designated as "Monument Place";
shall be known and designated as "Monument Circle".
(b) All written instruments and all laws that relate to the
grounds described in subsection (a) in statutes are effective for the
purpose intended when the grounds are described and designated
as Monument Circle.
Sec. 20. The commission shall adopt rules for the government of
the monument and Monument Circle. The rules are binding and
effective when approved by the governor.
Sec. 21. (a) The commission:
(1) has general control of the State Soldiers' and Sailors'
Monument Circle; and
(2) may employ a superintendent.
(b) The superintendent may, with the advice and consent of the
commission, appoint engineers, elevator operators, electricians,
and watchmen as are actually required, all of whom are subject to
removal at any time by the commission for any reason satisfactory
to the commission.
(c) The superintendent:
(1) has direct charge and supervision of the monument and
Monument Circle, subject to the orders of the commission;
and
(2) may require watchmen to act as elevator operators and
elevator operators to act as watchmen.
(d) The superintendent and the engineers, watchmen, and
elevator operators have police powers with all powers of a
constable.
Sec. 22. (a) The superintendent shall execute a bond in the penal
sum of five thousand dollars ($5,000), to be approved by the
commission.
(b) The superintendent shall:
(1) on the first day of each month, make a sworn statement to
the auditor of state of all receipts and expenditures, with
vouchers attached for the preceding month, on account of the
monument; and
(2) at the same time, pay over to the treasurer of state all
money received by the superintendent from all sources in the
operation of the monument for the preceding month.
The auditor of state shall draw a warrant on the treasurer of state,
payable to the superintendent, engineers, elevator operators, and
watchmen, for the amounts due them as salaries and to the
superintendent for a total of expenditures other than salaries
incurred in the management of the monument and Monument
Circle as shown by the vouchers.
Sec. 23. The Soldiers' and Sailors' Monument and all
approaches to the monument and all surroundings belonging to the
state shall be maintained perpetually and inviolate for the purpose
originally designed.
Sec. 24. A person may not desecrate the Soldiers' and Sailors'
Monument in Indianapolis, the street known as Monument Circle,
or any of the premises or approaches surrounding the monument
by building a wall, fence, or other obstruction in or about the
premises, approaches, or street known as Monument Circle
surrounding the monument:
(1) to sell or offer to sell any article of merchandise;
(2) to have or to hold any show, carnival, circus, or
masquerade;
(3) to maintain any tent or building in or about the street,
premises, or approaches;
(4) to hold a political meeting;
(5) to in any way obstruct the view or approaches to the
street, or premises; or
(6) to use the premises, street, or approaches;
for purposes other than those intended in this chapter.
Sec. 25. A person who intentionally damages or removes any of
the property of the state on Monument Circle is liable for the
payment of a penalty not less than twice the sum necessary to
repair the damage or restore the lost property. The penalty may be
collected by the commission in a civil action.
Sec. 26. (a) The commission may do the following:
(1) Make or sell the following:
(A) Pictures, models, books, and other representations of
the monuments and grounds.
(B) Souvenirs.
improvements;
in repair; and
(2) to restore any parts of the monuments or the Monument
Circle that have been broken, destroyed, removed, or injured.
Sec. 28. The superintendent of the State Soldiers' and Sailors'
Monument and of Monument Circle and those serving under the
superintendent who are appointed by the commission have police
powers and may make arrests or do other things as may be needed
to enforce the laws for the protection and care of the monuments
and Monument Circle.
Sec. 29. The commission may grant the use for public purposes
of any structures or any parts of structures erected by the
commission under this chapter without rent or charge or for only
a nominal rental:
(1) to any organizations of soldiers, sailors, and marines and
others as a place for their meeting and headquarters and for
the keeping of records, archives, documents, flags, mementos,
and relics; and
(2) for other public meetings and other public purposes not
inconsistent with the purpose of this chapter;
for the time and upon the terms and conditions as the commission
determines.
Sec. 30. (a) The commission may not enter into a contract for:
(1) the purchase or sale of property, material, or supplies; or
(2) the performance of work or labor, except for salaries of
employees;
if the work and labor or materials and supplies cost more than ten
thousand dollars ($10,000) without first giving notice of its
intention to purchase or sell the materials or supplies or to contract
for the work or labor by publication in a newspaper of general
circulation printed and published in the English language in
Indianapolis for two (2) successive weeks before the time fixed for
the letting of the contract or the sale of the property.
(b) A contract under this section must be in writing. The other
contracting party shall furnish bond for the faithful performance
of the contract in an amount fixed by the commission and with
surety to the commission's approval, conditioned upon the faithful
performance of the contract. However, if the commission decides
to purchase a patented article or material or an article or material
of a special type, character, or design of construction or make that
may be purchased from only one (1) person, firm, limited liability
company, or corporation, their agents or representatives, or for
which there is a fixed, standard price, the commission is not
required to take or receive competitive bids. However, the
commission shall publish in the manner set forth under subsection
(a) the number and character of the article or kind and quality of
material proposed to be purchased, the unit price, and the total
sum to be paid.
(c) A contract made in violation of this section is void.
Sec. 31. (a) The Indiana War Memorial fund:
(1) is subject to the laws of this state that concern the deposits
and safekeeping of public funds; and
(2) shall be deposited under the advisory supervision of the
state board of finance in the same way and manner and at the
same rate of interest and under the same restriction as state
funds.
(b) Interest that accrues to the fund shall be added to and
become a part of the Indiana War Memorial fund.
(c) The Indiana War Memorial fund and the accounts of each
public officer, employee, or person entrusted by law with the
raising, disposition, or expenditure of the fund or any part of the
fund are subject to the same penalties and the same provisions for
publicity as are provided by law for state funds and state officers.
Sec. 32. The commission, with the approval of the governor,
may let a contract for the erection of additional structures on the
site of the Indiana World War Memorial, in accordance with plans
and specifications adopted by the commission, with the approval
of the governor, to any competent and reliable contractor.
Sec. 33. (a) The commission shall commemorate the valor of
those loyal citizens of this state who served with the armed forces
of the United States during World War II and the Korean Conflict
by placing their names in the archives of the World War Memorial
located at Indianapolis.
(b) The names must be placed in the archives in the same
manner as those honored by Indiana who served in World War I.
Sec. 34. (a) The commission shall commemorate the valor of
those loyal citizens of Indiana who served with the armed forces of
the United States during the Vietnam conflict by placing their
names in the archives of the World War Memorial located at
Indianapolis.
(b) The names must be placed in the archives in the same
manner as those honored by Indiana who served in World War I,
World War II, and the Korean Conflict.
Sec. 35. A suit to enjoin the enforcement of this chapter or to
prevent the levy or collection of taxes under this chapter may not
be commenced.
Sec. 36. All property of every nature and kind constituting a
memorial or used in connection with a memorial is exempt from
taxation for all purposes.
Sec. 37. Except as otherwise provided in this chapter, a person
who violates this chapter commits a Class B infraction.
Sec. 38. It is a Class D felony for a member of the commission or
the architect, secretary, superintendent, or any other person in the
employ of the commission to:
(1) knowingly be interested in or derive any profit from any
contract, employment, or purchase connected with the
Indiana World War Memorial or with any action of the
commission; or
(2) knowingly be interested in any claim against the
commission or the state growing out of the erection or
maintenance of the Indiana World War Memorial;
other than for the compensation for their services or for their
expenses as provided in this chapter.
Chapter 2. World War Memorials
Sec. 1. As used in this chapter, "world war memorial" means:
(1) World War I memorial parks and artificial lakes in World
War I memorial parks; or
(2) World War I structures.
Sec. 2. (a) A county may through its county executive acquire
by:
(1) purchase;
(2) donation; or
(3) condemnation;
suitable real estate to construct and maintain structures to
commemorate the bravery, courage, valor, and sacrifice of the
soldiers, sailors, and marines of the United States and of all others
who rendered faithful, loyal, heroic, and self-sacrificing service at
home or overseas in World War I.
(b) At a world war memorial, a county may do the following:
(1) Provide a place for meetings and headquarters for
organizations of active or retired military personnel or any
other patriotic associations.
(2) Provide storage for the keeping of records, archives,
documents, flags, mementos, and relics.
(3) Provide space for public meetings and for other public
purposes.
money for any or all of the purposes as provided in this chapter:
(1) out of the general funds of the county; or
(2) from the proceeds of a bond issue.
(b) A county may issue and sell bonds for the purpose of raising
funds to comply with this chapter.
(c) If:
(1) a county executive decides to establish a world war
memorial; and
(2) there is sufficient money in the county's general fund to
pay the entire cost of the world war memorial;
money from the county's general fund may be appropriated.
(d) If there is not sufficient money in a county's general fund,
the county auditor shall certify to the county executive, who may
authorize and make a loan not exceeding one-half of one percent
(0.5%) of the adjusted value of the taxable property of the county,
to be determined under IC 36-1-15.
(e) It is not necessary to obtain:
(1) the authorization of the county council; or
(2) the appropriation by the county council;
for any money for the payment of the bonds authorized under this
section or the interest on the bonds.
(f) A county executive may issue bonds in the name of a county
to fund or refund a loan or loans as authorized by this chapter.
(g) A bond for world war memorials shall be issued in any
denomination of not more than one thousand dollars ($1,000) each
and in not less than twenty (20) or more than fifty (50) series.
(h) Each bond series is to be for an amount determined by the
county executive and shall be payable one (1) series each year,
beginning on July 1 of the fifth year after the bonds are issued.
(i) A bond shall be negotiable as inland bills of exchange and
shall bear interest at a rate not exceeding five percent (5%) per
annum, payable semiannually on July 1 and January 1 of each
year.
(j) A bond shall be exempt from taxation for any and all
purposes.
(k) All proceeds of bonds issued and sold under this chapter by
a county, including any premium, shall be kept in a separate and
specific fund to be known as the world war memorial fund.
(l) Any surplus remaining in a world war memorial fund after
all the demands of the county have been paid and discharged shall
be transferred by the county executive to the world war memorial
bond funds.
architect.
(2) Compensation may not be paid for design or plan changes.
(3) Changes may not be made that will increase the total cost
of the world war memorial.
(4) Changes may not affect the obligation of or release any
surety or bondsmen on any contract or bond executed or
given in connection with the building of the world war
memorial. However, the liability shall be extended to embrace
and cover the changes.
Sec. 8. The architect employed to supervise the building of
world war memorial structures:
(1) shall, at the time of employment, execute a proper bond in
an amount fixed by the county executive and with surety to
the approval of the county executive;
(2) is liable on the bond for:
(A) any failure in faithfully discharging duties;
(B) all losses and damages that may be incurred on account
of negligence; or
(C) violating this chapter; and
(3) is entitled to receive compensation as agreed upon in
advance.
Sec. 9. (a) If a county executive has adopted designs or plans for
the construction of world war memorial structures as provided in
section 6 of this chapter, the county executive shall:
(1) contract with a reliable contractor for all or any part of
the construction of the world war memorial structure, as
provided in this chapter; and
(2) publish for at least three (3) weeks, one (1) time each week,
in a newspaper of general circulation published in the county
a notice informing the public and contractors:
(A) of the nature of the structures to be constructed;
(B) that the designs and plans are on file in the office of the
county executive; and
(C) that sealed proposals for contractors to work on the
construction of the world war memorial are due not earlier
than thirty (30) days from the first published notice.
(b) A county executive shall, by order, impose conditions upon:
(1) bidders;
(2) contractors;
(3) subcontractors; and
(4) materialmen;
with regard to bond and surety and guaranteeing the faithful
completion of work according to contract.
(c) All contracts with builders, architects, or materialmen must
reserve to the county executive for good cause shown the right to
cancel a contract and to relet work to others. If a contract is
canceled, at least ten percent (10%) shall be reserved from
payments on estimates on work done in progress until the contracts
are completed and the work done, inspected, and accepted by the
county executive.
(d) A payment, partial or final, may not be construed as a
waiver of defective work or materials or as a release for damages
on account of defective work or materials.
(e) A surety may not be released from any obligation on its bond
if the contractor is paid the whole or any part of the percentages
required to be reserved from current estimates. A surety may not
be released by any final payment made to the contractor.
Sec. 10. (a) If a county has appropriated money to be used by
the county executive under this chapter, the county executive may
enter into a contract with any city located in the county for the
joint acquisition of real estate for a world war memorial.
(b) Contracts between counties and cities for the joint
acquisition of real estate for developing a world war memorial
shall be made through the city's board of public works with the
approval of the mayor.
(c) If a county executive decides to contract with a city for the
joint acquisition of real estate and development of a world war
memorial, the county executive shall adopt a resolution signifying
their desire and send a certified copy of a resolution to the mayor
of the city. The mayor shall refer the resolution to the board of
public works for action. Within sixty (60) days after the receipt of
the resolution, the board of public works shall determine by
resolution whether or not the city will join with the county in the
execution of any contract for any purpose authorized by this
chapter.
(d) If a county and city agree to join in the acquisition of real
estate to be dedicated for a world war memorial as authorized by
this chapter, the county executive shall execute a contract between
the county and the city describing the real estate and interests in
the real estate to be acquired jointly and the costs for the county
and the city. The contract shall be executed in duplicate and shall
be included in the minutes of the proceedings of the county
executive and of the board of public works of the city.
(e) If a county and city agree to establish a joint world war
memorial, then the county executive, acting for the county, and the
board of public works, with the approval of the mayor, shall
execute a contract between the county and city that must provide
the following:
(1) For the acquisition of real estate and the construction of a
joint world war memorial suitable for the county and city.
(2) The respective parts of the total cost of the world war
memorial that shall be paid by the county and by the city and
the time and manner of the payments.
(3) That the acquisition of real estate and the execution of all
necessary contracts for the construction of the joint world
war memorial shall be made by a board of trustees consisting
of five (5) members to be appointed and have the powers and
perform the duties as provided in this chapter.
(4) That the total costs of the acquisition of the real estate for
the joint world war memorial and the construction of the
world war memorial may not exceed the amount of money
appropriated by the county executive and the common council
of the city.
(5) That the necessary cost and expenses for the management,
maintenance, repairs, and improvement of the memorial shall
be paid by the county and city in the same proportion that
they contribute to the establishment of the memorial.
(6) That the contract may contain any other terms, conditions,
and provisions that may be agreed upon between the county
and city, not inconsistent with this chapter.
(f) The county shall pay its part due under any contract
executed by the county with any city within the county under this
chapter from:
(1) the general funds of the county; or
(2) the proceeds of bond issue as provided in this chapter.
(g) The county, acting through its county executive, may issue
and sell bonds for the purpose of raising funds to pay its part of the
cost under any contract executed by the county with any city
located within the county under this chapter.
(h) The county executive shall issue and sell the necessary bonds
and levy and collect the necessary taxes to pay the bonds as they
mature, together with interest, all as authorized in this chapter.
Sec. 11. (a) If a county enters into a contract with any city for
the establishment of a joint county and city world war memorial,
as provided in this chapter, there is established a board of trustees
that consists of five (5) members, to be known as "Trustees of the
World War Memorial for the County of ____________ and the
City of ______________ ", giving the name of the county and the
name of the city.
(b) The trustees shall be appointed as follows:
(1) Three (3) trustees shall be appointed by the county
executive of the county.
(2) Two (2) trustees shall be appointed by the mayor of the
city.
(c) One (1) of the trustees appointed by the mayor shall be
appointed for a term of two (2) years and one (1) for a term of
three (3) years. Subsequently, the trustees shall be appointed by the
mayor for a term of three (3) years. Two (2) of the trustees
appointed by the county executive shall be appointed for a term of
two (2) years and one (1) for a term of three (3) years.
Subsequently, the trustees shall be appointed by the county
executive for a term of three (3) years.
(d) The trustees shall be selected without regard to their
political affiliations. Not more than three (3) trustees may be of the
same political party. The mayor may not appoint more than one (1)
trustee from any political party. The county executive may not
appoint more than two (2) trustees from any political party.
(e) The board of trustees must be persons of high standing and
character and serve without compensation but may receive
reimbursement for any reasonable expenses necessarily incurred
by them in the performance of their duties.
(f) The mayor or county executive may, for just cause, based
upon written charges specifically alleging the misconduct, remove
any member appointed by the mayor or county executive, after
notice to the trustee board and a public hearing.
(g) In case of vacancy caused by removal or otherwise, the
mayor or the county executive making the original appointment
shall appoint a qualified person to fill the unexpired term.
(h) Each trustee shall do the following:
(1) Execute a bond to the county and city in the sum of five
thousand dollars ($5,000), conditioned for the faithful
performance of duties as a trustee, with sureties to be fixed
and approved by the judge of the circuit court.
(2) Take an oath that the trustee will support the Constitution
of the United States and the Constitution of the State of
Indiana and will faithfully discharge all of the duties as a
trustee. The oath shall be endorsed on the bond, and the bond
and oath shall be filed with the clerk of the circuit court.
trustees, as provided in section 11 of this chapter, or by the county
executive acting jointly with the board of public works of any city
located in the county, the county executive must:
(1) have the real property appraised at its true cash value by
at least three (3) disinterested freeholders of the county; and
(2) may not pay more than the appraised value for any real
property and interests in real property.
(c) If an owner refuses to sell real property at the appraised
value, the property must be acquired by condemnation. If a county
acts alone, an attorney representing the county shall conduct all the
legal proceedings necessary in the purchase or condemnation of
real property. The legal department of a city and an attorney
representing the county, if the county and city act jointly under this
chapter, shall conduct all the necessary legal proceedings, without
additional compensation, for the purchase or condemnation of real
property.
(d) If a county acquires real property for any of the purposes
provided for by this chapter or joins with a city located in the
county in the acquisition of real property for any of the purposes
provided for in this chapter, the county, acting by and through its
county executive, or the county, by and through its county
executive acting jointly with any city located in the county, by and
through its board of public works, with the approval of the mayor,
may sell the buildings and improvements on the real property.
(e) The net rent or proceeds of the sale of the building and
improvements on the real property at a war memorial, if the real
property was acquired by the county, shall be added to and become
a part of the county world war memorial fund. If the real property
was acquired by the county and any city located in the county
jointly, the rent and proceeds of sale shall be added to the county
world war memorial fund and the city world war memorial fund
in the same proportions that the city and county contributed to the
acquisition of the real property, buildings, and improvements, or
the county.
(f) The county and a city located in the county acting jointly, as
provided in this chapter, may convey any real property acquired
to the state. The contract with the state must provide for the rent
of buildings and improvements on real property, until necessary to
remove the buildings and improvements, and for the sale of the
buildings and improvements if the real property is needed by the
board of trustees for world war memorial and other public
purposes. The contract must provide how the net rent or proceeds
will be applied.
(g) If a county institutes proceedings to condemn any real
property or interests in real property or other property under this
chapter, the suit must be brought:
(1) in the name of the county;
(2) by an attorney representing the county; and
(3) at the direction of the county executive.
(h) If the joint condemnation of real property under this chapter
is by a county and by a city located in the county, the suit must be
brought in the name of the county, as provided in this section, and
in the name of the city by its legal department, without additional
compensation, at the direction of the board of public works. The
county, or the county and the city jointly, may:
(1) join in one (1) action naming as defendants the owners and
all persons interested in one (1) or more tracts of real
property to be condemned; or
(2) institute proceedings to condemn separate tracts of real
property.
Sec. 17. (a) A county executive, instead of making a loan or loans
as provided in section 4 of this chapter, may make a loan for a
period of not more than ten (10) years for any of the purposes
authorized by this chapter.
(b) A loan issued under this section must be at a rate of interest
not exceeding six percent (6%) per annum, payable semiannually.
The loan must be evidenced by the bonds of the county, which shall
be payable at their maturity and not later than ten (10) years after
the date of issue.
(c) A bond issued under this section is exempt from taxation for
all purposes.
(d) If a bond issued under this section is issued for a longer
period than five (5) years:
(1) at least one-fiftieth (1/50) of the total issue of the bonds
must mature each year after the fifth year; and
(2) the balance of the bond must mature and be paid or
refunded not later than ten (10) years after the date of issue.
(e) A county executive may refund a loan issued under this
chapter with another bond issue in accordance with this chapter.
(f) A county executive may name the date when the first series
of refunding bonds is due. However, the first of the series may not
be for a longer period than five (5) years from the date of issue.
Sec. 18. In the establishment and maintenance of a county world
war memorial, a county executive or a board of trustees of a joint
county and city world war memorial has all the powers and duties
conferred upon the Indiana War Memorials Commission under
IC 10-18-1, in so far as the powers and duties are not inconsistent
with this chapter. However, a county executive or board may not
employ a secretary.
Sec. 19. (a) If a county executive desires to carry out this
chapter, the county executive must adopt a declaratory resolution
in substance as follows:
"Be it resolved, by the county executive of _______ County,
that said county should proceed alone, or jointly with the city
of _______ located in such county, to carry out the purposes
of IC 10-18-2.".
(b) The resolution shall be recorded in the proceedings of the
county executive. Notice of the adoption of the declaratory
resolution shall be given by the county executive by the publication
of the resolution in full by two (2) insertions published at least a
week apart in accordance with IC 5-3-1-4.
(c) The county executive may:
(1) appropriate money;
(2) make loans;
(3) issue bonds;
(4) levy taxes; and
(5) do everything that may be necessary to carry out this
chapter.
If any bonds are issued under this chapter by a county and the
bonds have to be refunded, it is not necessary for the county
executive to adopt a declaratory resolution.
(d) The rights and powers of this chapter vested in any county
executive may not be exhausted by being exercised one (1) or more
times, but are continuing rights and powers.
(e) If there is a second or other subsequent exercise of power
under this chapter by any county, it is not necessary for the county
executive to adopt a declaratory resolution. Any county acting a
second or subsequent time may proceed to carry out this chapter
without any appropriation by the county fiscal body and without
being required to comply with any other law relating to
appropriations and budgets except for section 2 of this chapter.
Sec. 20. A political subdivision (as defined in IC 36-1-2-13) or
municipal corporation (as defined in IC 36-1-2-10) may erect or
cause to be erected a memorial to the armed forces of World War
II under the same conditions that a memorial to the armed forces
of World War I may be built.
the county or city in which the memorial is proposed. The members
must be appointed based solely upon their fitness, and the
committee must include representatives of educational, benevolent,
labor, and other interests.
(c) The members of the committee serve without compensation.
However, the board of commissioners or common council may
compensate members for necessary expenses in the performance
of their duty, including compensation of expert advisers. The board
of commissioners or common council may make an appropriation
in advance to compensate members for necessary expenses.
(d) The committee shall make a careful study of the subject of
a suitable memorial in the county or city and report its conclusions
to the board of commissioners or common council. The report must
include:
(1) the kind of memorial regarded by the committee as
appropriate;
(2) the estimated cost of erection and maintenance;
(3) the method of control; and
(4) any other matter the committee considers proper.
The committee shall make the report within six (6) months after
appointment, unless a longer time is given by the board of
commissioners or common council. A committee that fails to report
within the time allowed is immediately regarded as dissolved, and
the board of commissioners or common council shall appoint a new
committee. A new committee appointed under this subsection is
governed by the same rule regarding the filing of a report and
dissolution.
(e) A vacancy in the committee shall be filled by the board of
commissioners or common council.
(f) A county or city in which a memorial committee has been
appointed may not erect or provide for the erection of a memorial
until the committee has made its report.
Sec. 3. (a) Public notice must be provided in the manner set
forth under subsection (b) if a petition signed by:
(1) at least five hundred (500) citizens and taxpayers of a
county; or
(2) at least two hundred (200) citizens and taxpayers of a city;
requests the establishment and maintenance within the county or
city of a memorial for the soldiers and sailors of World War I. The
petition must be addressed to the board of commissioners of the
county or the common council of the city and filed in the office of
the auditor of the county or clerk of the city.
chapter. If a proper remonstrance is filed on the first day
designated for the hearing, the board of commissioners or common
council may grant the petition on or after the second day of the
hearing as fixed by the board of commissioners, unless there is a
greater number of qualified remonstrators against the memorial
than petitioners for the memorial at that time. If this occurs, the
petition shall be dismissed at the cost of the petitioners.
(c) A taxpayer of the county aggrieved by the action of the
board may appeal its decision to the circuit court of the county
within ten (10) days in the same manner as other appeals are taken
from the action of the board. The cause must be tried de novo.
Sec. 6. (a) Upon ordering the establishment of a memorial, a
board of trustees must be appointed under this section for the
establishment, maintenance, management, and control of the
memorial.
(b) The board of commissioners of a county or common council
of a city shall name five (5) trustees, not more than three (3) of
whom may be members of the same political party. The appointees
constitute a board for the establishment, maintenance,
management, and control of the memorial. The trustees shall serve
as follows:
(1) One (1) of the trustees named by the board of
commissioners or common council serves until the first
Monday of the following January.
(2) One (1) trustee serves until the first Monday of the second
January following the trustee's appointment.
(3) One (1) trustee serves until the first Monday of the third
January following the trustee's appointment.
(4) Two (2) trustees serve until the first Monday of the fourth
January following the appointment of the trustees.
On the expiration of the term of a trustee, a successor shall be
appointed under this section to serve a term of four (4) years. Each
subsequent trustee serves a term of four (4) years.
(c) The board of trustees shall elect a president, vice president,
secretary, and treasurer. Elections must occur annually on the
second Monday in January of each year or as soon after that day
as possible. A trustee serves without compensation, except that a
trustee is allowed all necessary expenses incurred in the
performance of the trustee's duties.
(d) Bond for the faithful and honest performance of a trustee's
duties is required. The form and amount of the bond is fixed by the
board of commissioners or common council. If a surety bond is
furnished by a trustee, the expense of the bond shall be borne by
the county or city.
Sec. 7. (a) As soon as selected, a trustee shall be notified of the
appointment by the auditor or city clerk. The auditor or clerk shall
fix a date for the trustees to meet for the purpose of electing
officers and adopting suitable rules for the government of the
board.
(b) The board of trustees shall select a proper site for the
memorial. A county memorial must be located at or near the
county seat of the county and must have plans and specifications
drawn for the establishment of the memorial. The plans and
specifications must provide for a memorial of the kind and
character ordered established and constructed by the board of
commissioners or common council.
Sec. 8. (a) The cost of establishing and constructing a memorial
and the expense of maintaining the memorial shall be derived from
revenue generated by the memorial. If this revenue is not
sufficient, the costs shall be borne by the county or city as provided
in subsections (b) and (c).
(b) For the purpose of raising money to pay for the
establishment of a memorial, the bonds of the county or city may
be issued, not to exceed the amount of:
(1) the contract price;
(2) expenses incurred and damages allowed prior to the
awarding of the contract;
(3) a sum sufficient to pay the per diem of the engineer,
architect, and superintendent during the construction of the
memorial; and
(4) other estimated costs necessary for the memorial.
The bonds must be in denominations of at least fifty dollars ($50)
each, payable not more than twenty (20) years after the date of
issue.
(c) The bonds shall be sold at not less than face value. The
proceeds shall be kept as a separate and specific fund to be used by
the county or city to pay for construction of the memorial and all
proper expenses incident to construction. A payment may not be
made for more than eighty percent (80%) of the engineer's
estimate of work done by the contractor. The whole amount of the
contract may not be paid until the memorial is fully approved by
the board of commissioners or common council and the board of
trustees and determined to be completed and satisfactory.
Sec. 9. For the purpose of raising money to:
amount that would be derived from taxation of the taxable
property of the city for the erection or establishment of the county
memorial, then the exemption fails, and the property of the city
shall be taxed for the county memorial in the same manner as other
property of the county is taxed.
(b) If a person, an association, or a corporation establishes or
erects in a city a suitable memorial for the permanent use of all
people of the city as provided in section 15 of this chapter, and the
cost of the memorial is equal to or more than the amount that
would be derived from taxation of the property of the city for the
erection or establishment of a county memorial, then the taxable
property of the city is exempt from the taxation authorized in this
chapter for the erection, establishment, management, maintenance,
repair, improvement, and extension of a county memorial.
However, the exemption fails unless the donor files with the board
of county commissioners of the county in which a city is located a
certificate signed by the donor declaring the intention to
immediately begin the establishment or erection of the memorial.
The signed certificate must be filed with the board of county
commissioners before the board has issued an order granting a
petition for a county memorial.
(c) A corporation, instead of filing the certificate described in
subsection (b), shall file with the board a certified copy of a
resolution of its board of directors declaring the intention to
immediately begin the establishment or erection of the memorial.
The resolution must declare that the title to the memorial and the
land upon which it is located are held by a board of trustees
composed of five (5) members. The board of trustees and its
successors are appointed by each donor. If there is a failure to
make an appointment, the city council of the city shall have
appointive power.
(d) The donors shall create an efficient organization among the
people of the city to manage, maintain, repair, and improve the
memorial under the powers and restrictions described in section 15
of this chapter. The organization consists of six (6) citizens of the
city. Members of the organization:
(1) serve in a manner and for a term as lawfully provided by
the donors;
(2) act in conjunction with the board of trustees as a board of
managers; and
(3) have full charge and supervision of the establishment and
erection of the memorial and its management, maintenance,
repair, and improvement.
If the cost of management, maintenance, repair, and improvement
exceeds the income derived from the memorial, the costs must be
provided by voluntary contributions, donations, or endowments.
The board of managers shall organize and adopt rules and bylaws
for the conduct of its business as are usually adopted by similar
bodies.
(e) If the memorial building and ground cease to be used for this
purpose, the trustees shall reconvey the title to the donors, their
heirs, successors, or assigns.
Sec. 13. The board of trustees have:
(1) full charge and supervision of the construction of the
memorial adopted; and
(2) authority to employ a superintendent, an engineer, or an
architect.
Each person employed must be qualified and experienced and shall
give bond for the faithful performance of the person's duties. The
form and amount of the bond shall be fixed by the board of county
commissioners or common council.
Sec. 14. If the erection or establishment of a memorial is
governed by another statute, the procedure for erection,
establishment, maintenance, control, and management prescribed
by the other statute shall be followed instead of the procedure
prescribed by this chapter.
Sec. 15. (a) If the memorial established is a hall, coliseum, or
building of a similar nature, the hall, coliseum, or building must be
used for public purposes of all kinds, but especially for the purpose
of perpetuating and keeping those principles alive for which World
War I was fought.
(b) Space must be provided for memorial tablets, works of art,
relics, souvenirs, war records, and things that are:
(1) connected with or growing out of the war; and
(2) appropriate in the building in the opinion of the board of
trustees.
Institutes, exhibits, shows, and entertainment of all kinds may be
held in the building in the discretion of the board of trustees.
(c) The trustees may let the building for hire and fix a charge for
letting the building for hire.
(d) A preference may not be shown to a church, political party,
or class of society. However, this provision may not be construed
to require or permit the use of the building by an organization or
person to promulgate doctrines inimical to the government of the
United States or Indiana.
(e) The memorial may not be:
(1) located, in whole or in part:
(A) upon land; or
(B) within land;
(2) connected to land; or
(3) used in connection with a land enclosure or other
structure:
for which an admission fee is charged or that is used or controlled
by a person or an organization other than the trustees in charge of
the memorial.
Sec. 16. (a) The trustees shall make an annual report under oath
to the board of county commissioners or common council. The
annual report must include the activities of the trustees and of the
receipts and expenditures of the memorial. The trustees shall
prepare an annual budget and estimate for the board of
commissioners and county council or common council so that
adequate appropriation of funds may be made for the proper
maintenance, repair, improvement, and extension of the memorial.
A report must be made at other times if required by the board of
commissioners or common council.
(b) All claims for expenditures incident to the maintenance of
the memorial must be in the form used for the payment of other
claims by the county or city. The claims must be:
(1) approved by the president of the board of trustees of the
memorial; and
(2) allowed by the board of commissioners or common council
in the same manner as other claims.
(c) All revenue from a memorial shall be accounted for by the
board of trustees and delivered to the county treasurer or city
fiscal officer on the first Monday of January and July of each year.
Sec. 17. This chapter does not prevent a gift or bequest by deed,
will, or otherwise of property to a county or city for a memorial of
the kind described in this chapter. A county and city may accept a
bequest and gift. Property given to the county or city in this
manner may be used exclusively or in conjunction with other
donated property or county or city funds for a memorial. If a gift
or bequest is made to a county or city, proper recognition of the
gift or bequest shall be shown in connection with the memorial.
Sec. 18. (a) The governor may appoint a commission known as
the memorial art commission.
(b) The commission must consist of not more than seven (7)
qualified persons who serve without pay. However, members are
to be paid necessary expenses as certified by the governor to the
auditor of state.
(c) The commission shall consider the artistic qualities of a plan
for a proposed memorial.
(d) A memorial consisting of a building, monument, statue,
tablet, picture, arch, or work of art of any kind may not be erected
without first:
(1) submitting the plans to the memorial art commission; and
(2) securing criticism and advice from the commission with
respect to the memorial.
If a state art commission is established by law, it is ex officio the
memorial art commission.
Sec. 19. A bid must be received and a contract awarded for the
memorial in the same manner as provided by law for a county or
city building. Land for a memorial may be acquired under the
power of eminent domain in the same manner as other land is
acquired by a county or city for a public building.
Sec. 20. This chapter does not authorize the establishment of
more than one (1) memorial at the expense of the county.
Sec. 21. (a) A trustee of a memorial may be removed and the
position declared vacant by the board, common council, or judge
appointing the trustee upon a showing that the trustee is
incompetent, dishonest, or not performing the duties required by:
(1) law; or
(2) the governing rules of the board of trustees.
(b) At any time after a memorial building has been:
(1) erected and used for public purposes described in section
15 of this chapter; and
(2) fully paid for and all bonds or other indebtedness issued
for the construction of the memorial has been retired;
the board of county commissioners or common council may by a
two-thirds (2/3) vote of the board of commissioners or common
council abolish and terminate the existence of the memorial board
of trustees. The board of county commissioners or common council
must have a signed petition requesting abolition and termination
by all members of the board of trustees and the consent of the
circuit court judge of the judicial circuit in which the county or city
is situated. The judge's consent must be included on the signed
petition. The board of county commissioners or common council
shall fix a time not less than thirty (30) days or more than ninety
(90) days from the date of the vote when the termination becomes
effective.
(c) If the board of trustees has been abolished and terminated,
the county auditor or city clerk shall notify the secretary of the
board of trustees in writing of the time for the termination of the
board of trustees.
(d) The board of trustees shall make a full and final report of its
activities in the same manner as other reports required by this
chapter. The report must be completed on or before the day fixed
in the notice for termination.
(e) On and after the date fixed for the abolition and termination
of the board of trustees, the custody, control, and management of
the memorial shall be exercised by the officers, board, common
council, or committee of the county or city that manages and
controls other county or city buildings. The officers, board,
common council, or committee of the county or city that manages
and controls other county or city buildings shall perpetuate the
memorial features of the building.
Chapter 4. City War Memorials
Sec. 1. As used in this chapter, "board of public works" refers
to the following:
(1) The board of public works and safety established in a city
under IC 36.
(2) The board of public works in a city that has established a
separate board of public works and a separate board of public
safety under IC 36.
The term includes the department of public works in a city in
which a department of public works has been established under
IC 36.
Sec. 2. (a) A city, acting through its board of public works, with
the approval of its mayor, when money has been appropriated for
that purpose by an ordinance adopted and approved as provided
in section 22 of this chapter, may do the following:
(1) Acquire, by purchase, donation, or condemnation, suitable
interests in real property located in the city.
(2) Do the following on the real property described in
subdivision (1):
(A) Erect and maintain upon the real property suitable
structures to commemorate the bravery, courage, valor,
and sacrifice of the soldiers, sailors, and marines of the
United States and of all others who rendered faithful, loyal,
heroic, and self-sacrificing service at home and overseas in
World War I.
ordinance adopted and approved as provided in section 22 of this
chapter, appropriate for the use of the board of public works of the
city money of the city for World War memorial and other public
purposes.
(b) Any money and the total of all money appropriated under
this chapter may not exceed six-tenths of one percent (0.6%) of the
adjusted value of the taxable property of the city as determined
under IC 36-1-15.
(c) The board of public works, with the approval of the mayor,
may use the funds so appropriated for any of the purposes
described in section 2 of this chapter.
Sec. 4. (a) The board of public works of a city, in the acquisition
of real property as authorized by this chapter, shall acquire the
real property under the statutes applicable to the city for
acquisition of real property by donation, purchase, or
condemnation.
(b) Except as provided in this chapter, the board of public
works, in the construction of a memorial structure authorized by
this chapter, shall act under the statutes related to the letting of
contracts for public work applicable to the city.
Sec. 5. (a) A city may appropriate money for use of the board of
public works of the city for any of the purposes provided in this
chapter, either out of the general funds of the city or from the
proceeds of a bond issue for those purposes.
(b) A city may sell bonds for the purpose of raising funds to
comply with this chapter.
(c) Except as provided in this chapter, the appropriation of
money and the sale of bonds by a city is governed by the law
relating to the appropriation of money and the sale of bonds by the
city for other city purposes.
(d) The legislative body of a city may, by ordinance adopted and
approved as provided in section 22 of this chapter, do any of the
following:
(1) Authorize the city controller, if applicable, and the mayor,
in the name of the city, to make permanent loans of money for
any of the purposes of this chapter of any amount not more
than six-tenths of one percent (0.6%) of the adjusted value of
taxable property of the city as determined under IC 36-1-15.
(2) Authorize the city controller, if applicable, and mayor of
the city to issue bonds for the purpose of funding or refunding
loans made by the city under this chapter. Except as provided
in this chapter, any loans must be made and governed by the
law concerning permanent loans by cities. Any bonds must
satisfy all of the following:
(A) The bonds may be issued in any denomination of not
more than one thousand dollars ($1,000) each and in not
less than twenty (20) or more than fifty (50) series. Each
series must be for the amount as provided by the
ordinance.
(B) The bonds must be payable one (1) series each year,
beginning on July 1 of the fifth year after the issue of the
bonds.
(C) The bonds must be negotiable as inland bills of
exchange.
(D) The bonds must bear interest at the rate of not more
than six percent (6%) a year, payable semiannually on July
1 and January 1 of each year.
(3) Authorize the city controller, if applicable, and mayor, in
advertising for the sale of bonds, to ask for competitive bids
on the bonds on any series of not less than twenty (20) nor
more than fifty (50). The city controller, if applicable, and
mayor may accept the bid that, in their judgment, is the most
advantageous bid to the city.
(e) Bonds issued under this chapter are exempt from taxation
for all purposes.
(f) A series of bonds issued under this chapter may not be for
less than two percent (2%) of the total amount of bonds issued.
(g) The proceeds of bonds sold under this chapter by the city,
including any premium on the bonds, must be kept as a separate
and specific fund, to be known as the World War memorial fund.
Money in the fund may be used only for any of the purposes
described in section 2 of this chapter.
(h) The city legislative body may, by ordinance, transfer to the
World War memorial bond fund any surplus finally remaining in
the World War memorial fund, after all the demands on the city
for money in the World War memorial fund have been paid and
discharged.
(i) A suit to question the validity of any bond issued under this
chapter may not be instituted after the date set for the sale of the
bonds. All bonds, beginning on the date set for the sale of the
bonds, are incontestable for any cause.
Sec. 6. (a) To raise money to pay the bonds and the interest on
the bonds issued under this chapter, the legislative body of the city
and all other officials, whether city or state, shall levy each year, in
addition to all other taxes the city may levy, a tax on all property,
real or personal, within the city, in the manner and at a rate on
each one hundred dollars ($100) of taxable property in the city as
to meet the principal of the bonds as they severally mature and
interest accruing on the bonds. The legislative body of the city and
the fiscal officer of the city shall certify the taxes levied each year
to the auditor of the county in which the city is located or other
proper officer not later than the first Monday of September in each
year or at the time of the certification of the city's annual tax levy.
(b) Taxes levied and certified under this section shall be
collected and enforced in the same manner as other taxes are
collected and enforced. As the taxes are collected, the taxes shall
be:
(1) kept in a separate fund to be known as the "World War
Memorial bond fund"; and
(2) applied to the payment of the bonds issued under this
chapter and interest accruing on the bonds as they severally
mature, and for no other purpose.
All money collected for the payment of the bonds and the interest
accruing on the bonds shall be deposited at interest with one (1) or
more of the depositories as other public funds of the city. All
interest collected becomes a part of the fund.
(c) In a city in which there has been established a sinking fund
and a board of sinking fund commissioners:
(1) the World War Memorial bond fund shall be under the
care, custody, control, and jurisdiction of the board of sinking
fund commissioners; and
(2) all taxes authorized and required to be levied and collected
under this section to pay the bonds as they mature and
interest accruing on the bonds shall be used and applied by
the board of sinking fund commissioners to pay the bonds as
they mature with interest on the bonds.
Sec. 7. (a) The board of public works of the city shall select
designs, plans, and all necessary specifications for the erection of
the World War memorial. The board of public works shall publish
notice:
(1) in at least:
(A) three (3) newspapers of general circulation, printed
and published in the English language in Indiana, at least
one (1) of which must be published in the city; and
(B) seven (7) other newspapers or publications published
outside Indiana;
with the building of the World War memorial structures, but the
liability of the surety is extended so as to cover the change.
Sec. 9. (a) The architect who is selected as supervising architect
in the building of the World War memorial structures is liable on
the architect's bond for any of the following:
(1) Failure in faithfully discharging the architect's duties.
(2) All losses and damages that are incurred on account of the
architect:
(A) violating this chapter; or
(B) neglecting the architect's duties.
(b) The architect is entitled to the compensation agreed upon in
advance.
Sec. 10. (a) After the board of public works has adopted the
necessary designs, plans, and specifications for construction of the
World War memorial structures as provided in this chapter, the
board of public works shall award contracts for all or any part of
the World War memorial structures to competent and reliable
contractors as provided in this section.
(b) The board of public works shall publish for at least three (3)
weeks, once each week, in a newspaper of general circulation,
printed and published in the English language in the city, a notice:
(1) informing the public and contractors of the general nature
of the structures to be constructed and of the fact that designs,
plans, drawings, and specifications are on file in the office of
the board of public works; and
(2) calling for sealed proposals for the work on a day not
earlier than thirty (30) days from the first of such
publications.
(c) The board of public works shall, by order, impose conditions
upon bidders, contractors, subcontractors, and materialmen with
regard to bond and surety, guaranteeing the good faith and
responsibility of the bidders, contractors, subcontractors, and
materialmen and insuring the faithful completion of the work,
according to contract, or for any other purpose.
(d) The board of public works shall reserve ten percent (10%)
from payments or estimates on work in progress until the contract
is completed and the work done is inspected and accepted by the
board. All contracts with contractors, subcontractors, architects,
or materialmen must reserve:
(1) to the board of public works, for good cause shown, the
right to cancel the contract and to award the work to others;
and
determine by order or resolution whether the county will join with
the city in the execution of a contract for a purpose authorized by
this chapter.
(d) If the city and county determine to join in the acquisition of
interests in real property to be added to any real property
designated at any time for use by the state for World War
memorial and other public purposes as authorized by law, then the
board of public works, acting for the city with the approval of the
mayor, shall execute a contract on behalf of the city with the
county, acting through its board of commissioners. The contract
must describe the real property interests to be acquired jointly by
the city and the county and the part of the acquisition cost to be
paid by the city and the part of the acquisition cost to be paid by
the county. The contract may contain other provisions that the city
and the county agree upon and that are not inconsistent with this
chapter. The contract must be executed in duplicate and be
recorded in the minutes of the proceedings of the board of public
works of the city and of the board of county commissioners of the
county.
(e) If the county and city determine to establish a joint World
War memorial, then the board of public works, acting for the city
with the approval of the mayor, shall execute a contract on behalf
of the city with the county. The contract must provide as follows:
(1) For the acquisition of real property interests and the
construction on the real property of a joint World War
memorial suitable for the county and city.
(2) For the definite and respective parts of the total cost of the
World War memorial that will be paid by the county and by
the city and the time and manner of the payments.
(3) That the acquisition of the real property and the execution
of all necessary contracts for the construction of the joint
World War memorial shall be made by a board of trustees,
consisting of five (5) members, to be appointed and have the
powers and perform the duties as provided in this chapter.
(4) That the total cost of the acquisition of the real property
for the joint World War memorial and the construction of the
memorial may not exceed the sum of the following:
(A) The amount appropriated for the memorial by the city
and by the board of commissioners of the county.
(B) Any amounts donated, contributed, or received by the
city and by the county for the purpose of the World War
memorial.
may be reimbursed for any reasonable expenses necessarily
incurred by them in the performance of their duties.
(c) The judge of the circuit court may, for just cause, based
upon written charges:
(1) specifying the alleged misconduct; and
(2) filed by the mayor of the city or the board of
commissioners;
remove any member of the board of trustees, after notice to the
member and a public hearing. In case of a vacancy caused by
removal or otherwise, the mayor or board of commissioners
making the original appointment shall appoint some qualified
individual to fill the unexpired term.
(d) Each trustee shall execute a bond to the county and city in
the sum of five thousand dollars ($5,000), conditioned for the
faithful performance of the trustee's duties as trustee, with surety
approved by the judge of the circuit court. Each of the trustees
shall take and subscribe an oath that the trustee will:
(1) support the Constitution of the United States and the
Constitution of the State of Indiana; and
(2) faithfully discharge all of the duties as trustee.
The oath must be endorsed on the bond, and the bond and oath
must be filed with the circuit court clerk.
(e) If a joint county and city World War memorial is established
under this chapter, the following apply:
(1) The board of trustees established by this chapter for that
purpose has all the powers and may perform all the duties in
relation to the acquisition of the real property and the
construction of the joint county and city World War
memorial as is conferred upon a board of commissioners
erecting a county World War memorial.
(2) All money appropriated by the city and the county for the
World War memorial shall be disbursed upon estimates
submitted by the board of trustees and certified to the proper
officers of the city and the proper officers of the county for
the respective proportions as provided in the contract
between the city and county. Upon these certifications, the
proper city and county officers shall draw warrants to pay the
amounts certified.
(f) A board of trustees may not be established under this section
if the city enters into a contract with the county in which it is
located to join the county in acquiring interests in real property to
be dedicated by the city and the county and added to real property
that may be designated by the state for World War memorial and
other public purposes.
Sec. 13. (a) The board of public works of a city, acting for the
city or acting jointly with the board of commissioners of the county
in which the city is located, may proceed under IC 32-24 and has
all powers of eminent domain granted in this chapter or any other
statute to acquire interests in real property by purchase or
condemnation for any of the purposes authorized by this chapter.
(b) Before the board of public works may purchase an interest
in real property, either by the city or jointly by the city and the
county in which it is located:
(1) the board of public works;
(2) the board of trustees, as provided in section 12 of this
chapter; or
(3) the board of public works acting jointly with the board of
commissioners of the county in which the city is located;
must have the real property appraised at its true cash value by at
least three (3) disinterested freeholders of the city and may not pay
more than the appraised value for any interest in real property. If
an owner refuses to sell the owner's interest in real property at the
appraised value, the interest in real property must be acquired by
condemnation. The legal department of the city shall conduct all
necessary proceedings for the purchase or condemnation of an
interest in real property by the city and county jointly, for any
purpose under this chapter, without additional compensation.
(c) If a city institutes proceedings to condemn an interest in real
property under this chapter, the suit must be brought in the name
of the city by the legal department of the city, without additional
compensation, at the direction of the board of public works. If
there is a joint condemnation of an interest in real property by a
city and the county in which it is located, the suit must be brought
in the name of the city as provided in this section and in the name
of the county, by an attorney representing the county, at the
direction of the board of county commissioners of the county. The
city or the city and county jointly may:
(1) join in one (1) action as defendants the owners and all
persons interested in one (1) or more interests in real property
to be condemned; or
(2) institute proceedings to condemn separate interests in real
property.
Sec. 14. If a city decides to acquire or to join with the county in
which it is located in the acquisition of interests in real property as
provided in this chapter to be added to real property designated by
the state for World War memorial and other public purposes, as
provided in this chapter, the city, through its board of public
works, with the approval of the mayor, may execute proper deeds,
grants, or contracts with the state through the state's proper
officers having the custody and control of the state World War
memorial, by which the real property acquired by the city or by
the city and the county jointly is conveyed to the state for World
War memorial and other public purposes, as authorized by this
chapter. The deed, grant, or contract must provide for the use by
the city or by the city and county jointly of the memorial grounds
and structures and that the grounds and structures shall be a city
World War memorial to the extent of the money appropriated and
used by the city in the acquisition of the grounds and structures.
Sec. 15. The board of public works of a city may grant the use
of any structure or any part of a structure constructed by the city,
with or without rent or charge, to any organization of soldiers,
sailors, marines, and others as a place or places of their meetings
and headquarters, for the time and upon the conditions as the
board of public works may determine. The board of public works
may also grant the use of the structure for any other lawful public
purpose not inconsistent with this chapter for which the structure
may be suitable, either with or without rent or charge, as the board
of public works determines.
Sec. 16. A city may receive donations, gifts, devises, and
bequests for use by the board of public works for the purposes of
this chapter. Any money received by the city may, without
appropriation by the city's legislative body, be used for the
purposes for which the money was donated, as provided in this
chapter.
Sec. 17. (a) If a city acquires real property for any of the
purposes provided for in this chapter or joins with the county in
which the city is located in the acquisition of real property for any
of the purposes provided for by this chapter:
(1) the city, through its board of public works with the
approval of the mayor; or
(2) the city, through its board of public works with the
approval of the mayor, acting jointly with the board of
commissioners of the county in which the city is located;
may grant the use of any real property or buildings and
improvements on the real property to any organization of soldiers,
sailors, or marines of the United States and others with or without
rent or charge, upon the conditions as may be determined.
(b) The city, or the city and county, acting as provided in this
section, may sell the buildings and improvements on any real
property acquired under this chapter.
(c) The net rent or proceeds of the sale of the buildings and
improvements, after deducting an amount sufficient to pay for the
maintenance and repair of the buildings and improvements, must
be deposited as follows:
(1) In the city World War memorial fund if the World War
memorial was acquired by the city.
(2) In the city World War memorial fund and in the county
World War memorial fund if the World War memorial was
acquired by the city and county jointly. The money shall be
deposited in the respective funds in the same proportion that
the city and county contributed to the acquisition of the
World War memorial.
(d) The city, or the city and county acting as provided in this
chapter, may convey any real property acquired under this chapter
to the state and provide in the contract with the state as to the rent
of the buildings and improvements on the real property until
necessary to remove the buildings and improvements and for the
sale of the buildings and improvements if the real estate is needed
by a board of trustees established under this chapter for World
War memorial and other public purposes. The contract must
provide how the net rent or proceeds must be applied.
Sec. 18. (a) The legislative body of a city may, upon the
recommendation of the mayor and city controller, if applicable, of
the city, instead of selling bonds as provided in section 5 of this
chapter, sell bonds:
(1) with a maturity of not more than ten (10) years;
(2) for any of the purposes authorized by this chapter;
(3) at a rate of interest not more than six percent (6%) a year,
payable semiannually; and
(4) payable at their maturity, but not later than ten (10) years
after the date of the issuance of the bonds.
If the bonds are issued for a period longer than five (5) years, at
least two percent (2%) of the total issue of the bonds must mature
each year after the fifth year, and the balance must mature and be
paid or refunded not later than ten (10) years after the date of
issuance.
(b) Bonds issued under this section, the taxes to pay the bonds
as they mature, and interest accruing on the bonds must be levied
in accordance with sections 5 and 6 of this chapter.
(c) The city's legislative body may refund bonds sold under this
section with other bond issues in accordance with section 5 and
other provisions of this chapter relating to the sale of bonds. The
city's legislative body may name the date when the first series of
refunding bonds is due. However, the due date of the first series
due may not be more than five (5) years from the date of issue.
Sec. 19. In the establishment and maintenance of a World War
memorial, a city's board of public works or the board of trustees
of a joint county and city World War memorial has all the powers
and duties conferred upon the Indiana war memorials commission
under IC 10-18-1 to the extent the powers and duties conferred in
IC 10-18-1 are not inconsistent with this chapter. However, this
chapter does not authorize a city's board of public works or a
board of trustees of a joint county and city World War memorial
to employ a secretary.
Sec. 20. A person may not bring suit to enjoin the enforcement
of this chapter or to prevent the levy or collection of taxes under
this chapter.
Sec. 21. All property:
(1) constituting a city World War memorial;
(2) constituting a joint county and city World War memorial;
or
(3) used or acquired in connection with a city or a joint county
and city World War memorial;
for any purpose authorized by this chapter is exempt from taxation
for all purposes.
Sec. 22. (a) If a city legislative body wants to implement this
chapter, the legislative body must adopt an ordinance that must be
in substance as follows:
"Be it resolved by _______ (name of the city's legislative
body) that the city should proceed (or jointly with _______
County, in which it is located) to carry out the purposes of
IC 10-18-4.".
The ordinance must be submitted to the mayor of the city for
approval. If the ordinance is approved by the mayor, the city clerk
shall give notice of the adoption of the ordinance by the publication
of the ordinance in full by two (2) insertions published at least one
(1) week apart under IC 5-3-1-4.
(b) The city may appropriate money, issue bonds, levy taxes,
and do everything necessary to implement this chapter.
(c) If a city issues bonds under this chapter and the bonds must
be refunded, the city's legislative body is not required to adopt an
ordinance for that purpose.
(d) A city's rights and powers under this chapter are not
exhausted by being exercised one (1) or more times, but are
continuing rights and powers. A subsequent exercise of power
under this chapter by a city does not require the city's legislative
body to adopt an ordinance. A city that wants to act a subsequent
time to implement this chapter may proceed, acting through its
board of public works, with the approval of its mayor, when money
has been appropriated for the action by an ordinance passed by the
city's legislative body and approved by the mayor, without
complying with any other law relating to appropriations and
budgets except for section 3 of this chapter.
(e) A taxpayer aggrieved by an action under this section may
appeal the decision to the circuit court of the county within ten (10)
days in the same manner as other appeals are taken from an action
of the board. The cause of action shall be tried de novo.
Chapter 5. Township Memorials
Sec. 1. A township trustee may receive as public property a
monument or memorial built:
(1) in the township;
(2) in honor of the township's soldiers or marines; and
(3) by the people with public donations;
if the people of the township want to give the monument or
memorial to the township.
Sec. 2. The township trustee shall care for and repair a
monument or memorial described in section 1 of this chapter with
township money.
Chapter 6. Veterans Associations
Sec. 1. A veterans association established under this chapter
must meet the following requirements:
(1) The association must be formed by at least three (3)
individuals who:
(A) served in the military or naval forces of the United
States during any war or campaign; and
(B) are residents of Indiana.
(2) The association must have written articles of association
that comply with the requirements under this chapter.
(3) The association must be formed for any of the following
purposes:
(A) To acquire, own, maintain, and administer homes,
assembly halls, or schools.
is in the best interest and welfare of the veterans association's
homes, assembly halls, and schools.
Sec. 5. If allowed by the veterans association's bylaws, an
association established under this chapter may employ teachers or
attendants.
Chapter 7. Memorial Corporations
Sec. 1. At least six (6) residents of Indiana may voluntarily
associate themselves into a memorial corporation for the following
purposes:
(1) To perpetuate the memory of soldiers and sailors.
(2) To hold meetings and conduct ceremonies.
(3) To decorate, beautify, maintain, protect, improve, enlarge,
and enhance the conveniences of graves, cemeteries, and
places for keeping the bodies of deceased persons.
Sec. 2. A memorial corporation established under this chapter
has the following powers:
(1) To hold meetings, conduct ceremonies, and decorate
graves and burial places.
(2) To erect and pay the expenses for monuments and
memorials.
(3) To receive and hold donations, gifts, devises and bequests,
and funds produced by taxation and real and personal
property.
(4) To purchase, hold, lease, mortgage, hypothecate, and sell
real estate and personal property.
(5) To take real or personal property by will.
(6) To take or hold real or personal property in trust and
manage the property as set forth in the instrument creating
the trust, in a manner that is not inconsistent with the uses
provided in this chapter.
(7) To invest the funds belonging to the corporation and loan
and invest the money owned or held by the corporation.
(8) To sue and be sued in all matters necessary to carry out
the provisions of this chapter.
Sec. 3. (a) The officers of a memorial corporation must include
the following:
(1) President.
(2) Vice president.
(3) Secretary.
(4) Treasurer.
(5) Three (3) trustees.
(b) All officers serve without pay except the secretary, whose
compensation shall be fixed by a majority of the trustees.
(c) The offices of secretary and treasurer may be held by the
same person.
(d) The term of each officer is for one (1) year and until the
officer's successor is elected and qualified.
(e) The treasurer shall give bond in a sum double the amount of
all money and securities that may come into the possession of the
treasurer. The amount of the bond must be approved by the
trustees.
(f) Each officer must be elected by a majority vote cast by the
owners of the stock. A vote may not be cast by proxy or by an agent
of the owner. Elections shall be held at 2 p.m. on the first Tuesday
of April of each year at the office of the secretary. However, an
election may be held at another convenient place if the election is
designated in a notice signed by not less than two (2) trustees and
published at least one (1) week before the election in the weekly
newspaper printed and published nearest to the place of the
election.
(g) A special election may be held for all vacant offices if a
notice is signed by all the trustees and the notice is published at
least one (1) week before the election in a weekly newspaper
printed and published nearest to the place of the election. The
notice must specify the time and place of the election and all the
officer vacancies that can be filled.
(h) The books of the memorial corporation shall be kept at the
office of the secretary.
Sec. 4. All property owned or held by the memorial corporation
constitutes a permanent fund to be owned, held, used, and operated
solely for the purposes set forth in sections 1 and 2 of this chapter
and not for the gain or for the personal benefit of any person,
corporation, or association.
Sec. 5. (a) A memorial corporation organized under this chapter
may hold and manage funds, money, or property in trust for any
person or for any purpose expressed in the terms of the trust.
However, the trust must be for some of the purposes or objects set
forth in sections 1 and 2 of this chapter.
(b) A person competent to make a will may create a trust under
this section.
Sec. 6. The money, property, or income owned or held by a
memorial corporation organized under this chapter may not be
owned, held, or used to promote the interest or teachings of a
specific church, sect, school, or creed. However, the memorial
corporation may not discriminate against an individual or
organization because of religious beliefs.
Sec. 7. (a) The stock of a memorial corporation consists of one
(1) share for each five dollars ($5) of the permanent fund belonging
to the corporation. The secretary of the memorial corporation shall
issue to any person paying money into, or in any manner
augmenting, the permanent fund of the corporation a certificate of
stock for each five dollars ($5) in money or property in value. Each
stock certificate must be signed by the president and attested by
the secretary.
(b) Every share of stock that is issued is entitled to one (1) vote
in the election of officers. However, the vote must be cast by the
owner of the stock in person and not by an agent or a proxy.
(c) Stock in a memorial corporation may be assigned by the
owner or transferred by will. If the owner of any share of the stock
dies without having disposed of the stock by a will, the stock held
by the deceased owner is canceled. Canceled stock is referred to as
"dead stock", and all other stock is referred to as "active stock",
and only the owners of active stock may participate in election of
officers of the memorial corporation.
Sec. 8. The board of trustees of a memorial corporation shall do
the following:
(1) Conduct the prudential affairs of the memorial
corporation.
(2) Vote on the loans, investments, purchases, sales, and the
policy and manner of conducting the affairs of the
corporation.
(3) Keep all the money loaned, invested, or in some manner
active and bring into the treasury funds to carry out the spirit
and letter of this chapter.
Sec. 9. (a) The existence of a memorial corporation organized
under this chapter is perpetual.
(b) The permanent fund of a memorial corporation is perpetual
and may not be reduced for any purpose. The income from the
investment of a memorial corporation's permanent fund may be
used only for purposes allowed in this chapter.
(c) The stock and property of a memorial corporation is
nontaxable.
Sec. 10. The officers and trustees of a memorial corporation
may adopt bylaws for the guidance and conduct of the memorial
corporation's affairs as the officers and trustees consider proper.
However, the bylaws may not conflict with this chapter.
respective counties, townships, cities, or towns a sum of not more
than five hundred dollars ($500) to any post, garrison, or camp to
aid in defraying the expenses of Memorial Day:
(1) Veterans of Foreign Wars of the United States.
(2) United Spanish War Veterans.
(3) Disabled American Veterans of the World War.
(4) The American Legion.
(5) The Army and Navy Union of the United States of
America.
(6) Marine Corps League.
(7) Veterans of World War I, Inc.
(8) American Veterans of World War II.
(9) Catholic War Veterans.
(10) Jewish War Veterans.
(11) American Ex-Prisoners of War.
(12) American Veterans of World War II, Korea and Vietnam
(AMVETS).
(13) American War Mothers.
(14) Blinded Veterans Association.
(15) Congressional Medal of Honor Society of the United
States of America.
(16) Gold Star Wives of America, Inc.
(17) Legion of Valor of the U.S.A., Inc.
(18) Military Order of the Purple Heart of the U.S.A., Inc.
(19) Non Commissioned Officers Association (NCOA).
(20) Paralyzed Veterans of America.
(21) Pearl Harbor Survivors Association, Inc.
(22) Polish Legion of American Veterans, USA.
(23) Regular Veterans Association.
(24) The Retired Enlisted Association.
(25) U.S. Submarine Veterans of World War II.
(26) Vietnam Veterans of America, Inc.
(27) Women's Army Corps Veterans Association.
(b) However, in a county in which there is a county memorial
day society, county veterans' council, or any other county
memorial day association, the county council may annually
appropriate to one (1) society, council, or association, instead of the
appropriations to the various organizations listed in subsection (a),
a sum of not more than the total amounts to which the
organizations listed in subsection (a) would be collectively entitled,
to aid in defraying the expenses of Memorial Day.
Sec. 2. The counties, townships, cities, and towns may
appropriate annually money to be allocated to an appropriate
nonprofit veterans organization for the development,
establishment, or maintenance of a veterans memorial located
within the county of the county, town, city, or township allocating
the funds.
SECTION 10. IC 3-10-8-4.5, AS AMENDED BY P.L.204-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 4.5. Whenever the election division receives a
notice under section 4 of this chapter, the election division shall notify
the following offices and agencies that a special election will be
conducted within all or part of Indiana:
(1) Each agency serving persons with disabilities and designated
as a voter registration site under IC 3-7-16.
(2) Armed forces recruitment offices in accordance with
procedures established under IC 3-7-17.
(3) Each agency designated as a voter registration site and subject
to IC 3-7-18.
(4) The alcohol and tobacco commission for purposes of
enforcing IC 7.1-5-10-1.
(5) The bureau of motor vehicles for voter registration purposes
under IC 9-24-2.5.
(6) The adjutant general for purposes of enforcing IC 10-2-4-16.
IC 10-16-7-17.
(7) The division of family and children for voter registration
purposes under IC 12-14-1.5, IC 12-14-25, and IC 12-15-1.5.
(8) The state department of health for voter registration purposes
under IC 16-35-1.6.
(9) The Federal Voting Assistance Program of the United States
Department of Defense, for notification of absent uniformed
services voters and overseas voters.
SECTION 11. IC 4-6-9.1-1, AS ADDED BY P.L.124-2002,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1. (a) Sections 1 through 7 of this chapter apply
to the period during which an emergency is declared and the
twenty-four (24) hours before the declaration by the governor under
IC 10-4-1-7 or IC 10-4-1-7.1. IC 10-14-3-12 or IC 10-14-3-13.
(b) The definitions in IC 10-4-1-3 IC 10-14-3 apply to this chapter.
SECTION 12. IC 4-6-9.1-7, AS ADDED BY P.L.124-2002,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 7. This chapter preempts the power of local
governments to regulate pricing of commodities under a declaration of
emergency:
Indiana Veterans' Home, Indiana Soldiers' and Sailors' Children's
Home, Silvercrest Children's Development Center, department of
correction, Westville Correctional Facility, Plainfield Juvenile
Correctional Facility, Putnamville Correctional Facility,
Indianapolis Juvenile Correctional Facility, Indiana State Prison,
Indiana Women's Prison, Pendleton Correctional Facility,
Reception and Diagnostic Center, Rockville Correctional Facility,
Youth Rehabilitation Facility, Plainfield Correctional Facility,
department of fire and building services, state emergency
management agency (excluding a county emergency management
organization and any other local emergency management
organization created under IC 10-4-1), IC 10-14-3), civil rights
commission, criminal justice planning agency, department of
workforce development, Indiana historical bureau, Indiana state
library, division of family and children, Indiana state board of
animal health, Federal Surplus Property Warehouse, Indiana
education employment relations board, department of labor,
Indiana protection and advocacy services commission,
commission on public records, Indiana horse racing commission,
and state personnel department.
SECTION 16. IC 4-20.5-6-2, AS AMENDED BY P.L.123-2002,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 2. (a) This section does not apply to enforcement
matters that are the responsibility of the state police department under
IC 10-1-1-29. IC 10-11-2-28.
(b) The department shall maintain, equip, and operate the following:
(1) The state capitol building.
(2) The office buildings and other property owned or leased by the
state for the use of an agency.
SECTION 17. IC 4-20.5-6-5, AS AMENDED BY P.L.123-2002,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 5. Except for enforcement matters that are the
responsibility of the state police department under IC 10-1-1-29,
IC 10-11-2-28, the commissioner is the custodian of state buildings
and grounds.
SECTION 18. IC 4-20.5-6-7, AS AMENDED BY P.L.123-2002,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 7. The department may adopt rules under
IC 4-22-2 to govern the protection and custody of state property, except
for enforcement matters that are the responsibility of the state police
department under IC 10-1-1-29. IC 10-11-2-28.
SECTION 19. IC 4-20.5-6-8, AS AMENDED BY P.L.123-2002,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 8. (a) This section does not apply to enforcement
matters that are the responsibility of the state police department under
IC 10-1-1-29. IC 10-11-2-28.
(b) The commissioner may regulate:
(1) the traffic and parking of motor vehicles, bicycles, or other
vehicles; and
(2) the traffic of pedestrians;
on the streets, roads, paths, and grounds of real property controlled by
the state through the department in and around the state capitol, office
buildings, parking garages, and adjoining state controlled property.
(c) Rules adopted under subsection (b) may include the following:
(1) Provisions governing the registration, speed, weight,
operation, parking, times, places, and use of motor vehicles,
bicycles, and other vehicles.
(2) Provisions governing the traffic of pedestrians.
(3) Provisions prescribing the assessment and collection of civil
penalties for the violation of rules adopted by the commissioner.
Penalties may include the following:
(A) The imposition of reasonable charges.
(B) The removal and impounding (at the expense of the
violator) of vehicles that are operated or parked in violation of
rules adopted by the commissioner.
(C) The denial of permission to operate a vehicle on the
property in and around the state capitol building, office
buildings, parking garages, and adjoining state controlled
property.
(d) Rules adopted under this section must include provisions for an
administrative appeal when a civil penalty is imposed under the rules.
A person aggrieved by a final disposition of an appeal by the
department may appeal the disposition to a court of jurisdiction. The
attorney general may enforce a civil penalty imposed under this section
by filing an appropriate action in a court of jurisdiction.
(e) This section does not limit or restrict the powers of any other
governmental authority having jurisdiction over public streets, roads,
alleys, or ways.
SECTION 20. IC 5-2-12-7, AS AMENDED BY P.L.116-2002,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 7. (a) Not more than fourteen (14) days before an
Indiana offender who is required to register under this chapter is
scheduled to be released from a correctional facility, transferred to a
community transition or community corrections program, transferred
to the jurisdiction of a sentencing court or probation office for a term
of probation after being confined in a facility, released from any other
penal facility (as defined in IC 35-41-1-21), released from a secure
private facility (as defined in IC 31-9-2-115), or released from a
juvenile detention facility, an official of the facility shall do the
following:
(1) Orally inform the offender of the offender's duty to register
under this chapter and require the offender to sign a written
statement that the offender was orally informed or, if the offender
refuses to sign the statement, certify that the offender was orally
informed of the duty to register.
(2) Deliver a registration form advising the offender of the
offender's duty to register under this chapter and require the
offender to sign a written statement that the offender received the
written notice or, if the offender refuses to sign the statement,
certify that the offender was given the written notice of the duty
to register.
(3) Obtain the address where the offender expects to reside after
the offender's release.
(4) Inform in writing on a form or in the form prescribed or
approved by the institute the sheriff having jurisdiction in the
county or the police chief having jurisdiction in the consolidated
city where the offender expects to reside of the offender's name,
date of release or transfer, new address, and the offense or
delinquent act committed by the offender.
(b) Not more than three (3) days after an offender who is required
to register under this chapter is released or transferred as described in
subsection (a), an official of the facility shall transmit to the state police
the following:
(1) The offender's fingerprints, photograph, and identification
factors.
(2) The address where the offender expects to reside after the
offender's release.
(3) The complete criminal history data (as defined in IC 5-2-5-1)
IC 10-13-3-5) or, if the offender committed a delinquent act,
juvenile history data (as defined in IC 5-2-5.1-5) IC 10-13-4-4)
of the offender.
(4) Information regarding the offender's past treatment for mental
disorders.
(5) Information as to whether the offender has been determined
to be a sexually violent predator.
(c) This subsection applies if an offender is placed on probation or
in a community corrections program without confining the offender in
a penal facility. The probation office serving the court in which the sex
and violent offender is sentenced shall perform the duties required
under subsections (a) and (b).
SECTION 21. IC 5-10-0.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. (a) The prohibitions
of Article 11, Section 12 of the Constitution of the State of Indiana do
not apply to:
(1) the public employees' retirement fund (IC 5-10.3);
(2) the Indiana state teachers' retirement fund (IC 21-6.1);
(3) the Indiana state police pre-1987 benefit system (IC 10-1-2.2);
(IC 10-12-3);
(4) the Indiana state police 1987 benefit system (IC 10-1-2.3);
(IC 10-12-4); or
(5) any other public employee retirement fund administered by
the board of trustees of the Indiana public employees' retirement
fund.
(b) Investments of the funds listed in subsection (a) are subject to
the following limitations and regulations:
(1) Investments of the public employees' retirement fund and any
other public employee retirement fund administered by the board
of trustees of the Indiana public employees' retirement fund are
subject to IC 5-10.3-5-3, including P.L.37-1996.
(2) Investments of the Indiana state teachers' retirement fund are
subject to IC 21-6.1-3-9, including P.L.37-1996.
(3) Investments of the Indiana state police benefit system are
subject to IC 10-1-2-2. IC 10-12-2-2.
SECTION 22. IC 5-10-1.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. Each retirement plan
for employees of the state or of a political subdivision shall report
annually on September 1 to the public employees' retirement fund the
information from the preceding fiscal year necessary for the actuary of
the fund to perform an actuarial valuation of each plan. Where the
director and actuary of the fund consider it appropriate, the actuary may
combine one (1) retirement plan with another or with the public
employees' retirement fund for the purposes of the actuarial valuation.
The retirement plans covered by this chapter are the following:
(1) The state excise police and conservation enforcement officers'
retirement plan established under IC 5-10-5.5.
(2) The "trust fund" and "pension trust" of the state police
department established under IC 10-1-2. IC 10-12-2.
(3) Each of the police pension funds established or covered under
IC 19-1-18, IC 19-1-30, IC 19-1-25-4, or IC 36-8.
(4) Each of the firemen's pension funds established or covered
under IC 19-1-37, IC 18-1-12, IC 19-1-44, or IC 36-8.
(5) Each of the retirement funds for utility employees authorized
under IC 19-3-22 or IC 36-9 or established under IC 19-3-31.
(6) Each county police force pension trust and trust fund
authorized under IC 17-3-14 or IC 36-8.
(7) The Indiana judges' retirement fund established under
IC 33-13-8.
(8) Each retirement program adopted by a board of a local health
department as authorized under IC 16-1-4-25 (before its repeal)
or IC 16-20-1-3.
(9) Each retirement benefit program of a joint city-county health
department under IC 16-1-7-16 (before its repeal).
(10) Each pension and retirement plan adopted by the board of
trustees or governing body of a county hospital as authorized
under IC 16-12.1-3-8 (before its repeal) or IC 16-22-3-11.
(11) Each pension or retirement plan and program for hospital
personnel in certain city hospitals as authorized under
IC 16-12.2-5 (before its repeal) or IC 16-23-1.
(12) Each retirement program of the health and hospital
corporation of a county as authorized under IC 16-12-21-27
(before its repeal) or IC 16-22-8-34.
(13) Each pension plan provided by a city, town, or county
housing authority as authorized under IC 36-7.
(14) Each pension and retirement program adopted by a public
transportation corporation as authorized under IC 36-9.
(15) Each system of pensions and retirement benefits of a regional
transportation authority as authorized or required by IC 36-9.
(16) Each employee pension plan adopted by the board of an
airport authority under IC 8-22-3.
(17) The pension benefit paid for the national guard by the state
as established under IC 10-2-4. IC 10-16-7.
(18) The pension fund allowed employees of the Wabash Valley
interstate commission as authorized under IC 13-5-1-3.
(19) Each system of pensions and retirement provided by a unit
under IC 36-1-3.
SECTION 23. IC 5-10-1.7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. (a) The retirement
plans covered by this chapter are:
(1) The state excise police and conservation officers' retirement
plan, established under IC 5-10-5.5.
for assistance received by the agency.
(2) The time and nature of the agency's response to all complaints
or requests for assistance.
(3) If the incident involves an alleged crime or infraction:
(A) the time, date, and location of occurrence;
(B) the name and age of any victim, unless the victim is a
victim of a crime under IC 35-42-4;
(C) the factual circumstances surrounding the incident; and
(D) a general description of any injuries, property, or weapons
involved.
The information required in this subsection shall be made available for
inspection and copying in compliance with this chapter. The record
containing the information must be created not later than twenty-four
(24) hours after the suspected crime, accident, or complaint has been
reported to the agency.
(d) This chapter does not affect IC 5-2-4, IC 5-2-5, IC 10-13-3, or
IC 5-11-1-9.
SECTION 25. IC 5-26-1-1.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 1.2. As used in IC 5-26-6, "committee" refers to the
state agency public safety committee established by IC 5-26-6-1.
SECTION 26. IC 5-26-1-1.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 1.4. As used in IC 5-26-6, "communications division"
refers to the communications division of the state police
department.
SECTION 27. IC 5-26-1-1.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 1.6. As used in IC 5-26-6, "department" refers to the
state police department established by IC 10-11-2-4.
SECTION 28. IC 5-26-1-1.8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 1.8. As used in IC 5-26-6, "FCC" refers to the
Federal Communications Commission.
SECTION 29. IC 5-26-1-3, AS ADDED BY P.L.117-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 3. As used in this article, IC 5-26-2, "member"
refers to a member of the integrated public safety commission.
SECTION 30. IC 5-26-1-4.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 4.3. As used in IC 5-26-6, "state public safety agency"
means a state entity eligible to hold an authorization in a public
safety radio service as set forth in 47 CFR 90 et seq.
SECTION 31. IC 5-26-1-4.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 4.6. As used in IC 5-26-6, superintendent" refers to
the superintendent of the state police department appointed under
IC 10-11-2-6.
SECTION 32. IC 5-26-1-6, AS ADDED BY P.L.117-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 6. (a) Except as provided in subsection (b), as
used in this article, "user agency" means a public safety agency or other
entity that enters into an agreement with the commission to use the
system.
(b) As used in IC 5-26-6, "user agency" means a state public
safety agency that uses the system.
SECTION 33. IC 5-26-3-5, AS ADDED BY P.L.117-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 5. (a) Except as provided in subsection (b), a
public safety agency or other entity may join the system with the
approval of the commission.
(b) A state public safety agency may join the system if the agency
is approved by the state agency public safety committee under
IC 10-1-10 IC 5-26-6 and the commission.
SECTION 34. IC 5-26-6 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]:
Chapter 6. State Agency Public Safety Committee
Sec. 1. The state agency public safety committee is established.
Sec. 2. A state public safety agency that has or wants to have a
voice or data wireless communications network must join the
system when technically and economically feasible.
Sec. 3. The communications division is responsible for the
following with regard to state public safety agencies and state
owned assets unless otherwise directed by the superintendent:
(1) Maintenance of the main wide area transmitter sites and
interconnecting links.
(2) Management of FCC licensing.
(3) Frequency planning.
(4) Appropriate radio program software.
(5) Code plugs.
(6) System keys.
(7) Assignment and control of individual identification
numbers and talkgroup numbers.
Sec. 4. The committee shall publish its policies within a
standardized operations procedures manual approved by the
superintendent.
Sec. 5. The committee shall develop criteria for determining
whether a state public safety agency may use the system.
Sec. 6. (a) The committee consists of ten (10) members
appointed by the superintendent. Each of the following user
agencies shall be represented by one (1) committee member:
(1) State police department.
(2) Indiana department of transportation.
(3) State emergency management agency.
(4) Department of natural resources.
(5) Alcohol and tobacco commission.
(6) Department of state revenue.
(7) Department of environmental management.
(8) Military department of the state of Indiana.
(9) Department of correction.
(10) Indiana department of administration.
(b) A director of an agency described in subsection (a)(2)
through (a)(10) shall recommend a person to the superintendent to
serve as a committee member.
(c) The superintendent shall fill any vacancies on the committee.
(d) A committee member serves until the earlier of the
following:
(1) The member is removed by the superintendent.
(2) The date the member ceases to be employed by the agency
the member represents on the committee.
Sec. 7. (a) Six (6) members of the committee constitute a
quorum.
(b) An affirmative vote of at least six (6) members of the
committee is required for the committee to take action.
Sec. 8. The department may enter into and administer contracts
for the committee.
Sec. 9. The committee's powers include the following:
(1) Ensuring that federal and state communications
requirements are followed.
(2) Providing system planning, including mutual aid planning
and compatibility planning in coordination with the
integrated public safety commission established under
IC 5-26-2-1.
(3) Subject to IC 5-26-3-5, determining whether a state public
safety agency may become a system user.
(4) Providing assistance to local public safety agencies in
making equipment purchases.
(5) Exercising any power necessary to carry out this chapter.
Sec. 10. A chairperson and vice chairperson of the committee
shall be selected by the superintendent.
Sec. 11. A member of the committee who is not a state employee
is not entitled to:
(1) the minimum salary per diem provided by
IC 4-10-11-2.1(b); and
(2) reimbursement for:
(A) traveling expenses as provided under IC 4-13-1-4; and
(B) other expenses actually incurred in connection with the
member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
Sec. 12. A member of the committee who is a state employee is
entitled to:
(1) reimbursement for traveling expenses as provided under
IC 4-13-1-4; and
(2) other expenses actually incurred in connection with the
member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
SECTION 35. IC 6-1.1-10-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 17. Tangible property
is exempt from property taxation if it is owned by a corporation which
is organized and operated under IC 10-7-12 IC 10-18-7 for the purpose
of perpetuating the memory of soldiers and sailors.
SECTION 36. IC 6-1.1-10-38 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 38. This chapter does
not contain all of the property tax exemption provisions. The property
taxation exemption provisions include but are not limited to the
following sections:
IC 4-20.5-14-3 IC 20-14-7-3
IC 4-20.5-19 IC 20-14-9-15
IC 5-1-4-26 IC 20-14-10-14
IC 6-1.1-10-5 IC 21-5-11-14
IC 8-10-1-27 IC 21-5-12-10
IC 8-23-7-31 IC 23-7-7-3
IC 8-15-2-12 IC 23-14-70-23
IC 8-21-9-31 IC 36-1-10-18
IC 10-7-1-20
as follows:
(1) The appropriate fee under IC 9-29-5-38(a).
(2) An annual fee of twenty-five dollars ($25).
(b) The annual fee referred to in subsection (a)(2) shall be collected
by the bureau.
(c) The annual fee described in subsection (a)(2) shall be deposited
in the funds established under IC 10-9-3-1. IC 10-15-3-1.
SECTION 39. IC 9-20-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. (a) The Indiana
department of transportation or an agency or a political subdivision
authorized by this article to grant permits to operate tractor-mobile
home rigs or permits for transporting heavy or oversize vehicles, loads,
or other objects not conforming to this article may issue emergency
permits to operate in or through Indiana without regard to IC 9-20-14-2
to a person during the period that the following conditions exist:
(1) A state of disaster emergency has been declared by the
governor under IC 10-4-1-7. IC 10-14-3-12.
(2) A state of emergency has been declared by the federal
government for an area outside Indiana.
(3) The granting of emergency permits reasonably can be
expected to provide relief of the conditions causing the
declaration of the state of emergency.
(b) The Indiana department of transportation, an agency, or a
political subdivision shall regulate movements by emergency permits
to avoid undue hazards.
SECTION 40. IC 12-10-17-12, AS AMENDED BY P.L.134-2002,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 12. (a) The division shall register an individual
who provides the following:
(1) A personal resume containing information concerning the
individual's qualifications, work experience, and any credentials
the individual may hold. The individual must certify that the
information contained in the resume is true and accurate.
(2) The individual's limited criminal history check from the
Indiana central repository for criminal history information under
IC 5-2-5 IC 10-13-3 or another source allowed by law.
(3) If applicable, the individual's state nurse aide registry report
from the state department of health. This subdivision does not
require an individual to be a nurse aide.
(4) Three (3) letters of reference.
(5) A registration fee. The division shall establish the amount of
the registration fee.
the center or home. No child's name or birth date may be included on
the report required under subsection (a) without the signed consent of
the child's parent, guardian, or custodian. The consent form must be in
the following form:
"I give my permission for _____________________ (name of day
care center or home) to report the name and birth date of my child
or children to the division of family and children pursuant to
IC 12-17.2-2-1.5.
Name of child ____________________________________
Birth date _______________________________________
Signature of parent, guardian, or custodian
_______________________________________________
Date ____________________________________________"
(c) The division shall submit a monthly report of the information
provided under subsection (a) to the Indiana clearinghouse on missing
children established under IC 10-1-7. IC 10-13-5.
(d) The division shall require that a person who transports children
who are in the care of the child care center on a public highway (as
defined in IC 9-25-2-4) within or outside Indiana in a vehicle designed
and constructed for the accommodation of more than ten (10)
passengers must comply with the same requirements set forth in
IC 20-9.1-5-6.6 for a public elementary or secondary school or a
preschool operated by a school corporation.
SECTION 42. IC 14-9-8-28, AS AMENDED BY P.L.206-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 28. (a) The natural resources commission shall
categorize salaries of enforcement officers within each rank based upon
the rank held and the number of years of service in the department
through the tenth year. The salary ranges that the commission assigns
to each rank shall be divided into a base salary and ten (10) increments
above the base salary with:
(1) the base salary in the rank paid to a person with less than one
(1) year of service in the department; and
(2) the highest salary in the rank paid to a person with at least ten
(10) years of service in the department.
(b) For purposes of creating the salary matrix prescribed by this
section, the natural resources commission may not approve salary
ranges for any rank that are less than the salary ranges effective for that
rank on January 1, 1995.
(c) The salary matrix prescribed by this section shall be reviewed
and approved by the state budget agency before implementation.
(d) The salaries for law enforcement officers of the law enforcement
division of the department must be equal to the salaries of police
employees of the state police department under IC 10-1-1-4.5,
IC 10-11-2-13, based upon years of service in the department and rank
held.
(e) The money needed to fund the salaries resulting from the matrix
prescribed by this section shall come from the appropriation from the
professional and technical equity fund.
(f) The requirement of subsection (d) does not affect:
(1) any rights or liabilities accrued; or
(2) any proceedings begun;
on or before June 30, 1999. Those rights, liabilities, and proceedings
continue and shall be imposed and enforced under prior civil law and
procedure as if the requirement of subsection (d) had not been enacted.
SECTION 43. IC 16-18-2-7, AS AMENDED BY P.L.17-2002,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 7. (a) "Advanced life support", for purposes of
IC 16-31, means care that is given:
(1) at the scene of:
(A) an accident;
(B) an act of terrorism (as defined in IC 35-41-1-26.5), if the
governor has declared a disaster emergency under IC 10-4-1-7
IC 10-14-3-12 in response to the act of terrorism; or
(C) an illness;
(2) during transport; or
(3) at a hospital;
by a paramedic or an advanced emergency medical technician and that
is more advanced than the care usually provided by an emergency
medical technician.
(b) The term may include any of the following:
(1) Defibrillation.
(2) Endotracheal intubation.
(3) Parenteral injections of appropriate medications, including
administration of epinephrine through an auto-injector.
(4) Electrocardiogram interpretation.
(5) Emergency management of trauma and illness.
SECTION 44. IC 16-18-2-96, AS AMENDED BY P.L.52-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 96. (a) "Director", for purposes of IC 16-19-13,
refers to the director of the office of women's health established by
IC 16-19-13.
(b) "Director", for purposes of IC 16-28, IC 16-29, and IC 16-30,
means the individual acting under the authority of and assigned the
responsibility by the state health commissioner to implement IC 16-28,
IC 16-29, and IC 16-30.
(c) "Director", for purposes of IC 16-31, refers to the director of the
state emergency management agency established under IC 10-8-2-1.
IC 10-14-2-1.
(d) "Director", for purposes of IC 16-35-2, refers to the director of
the program for children with special health care needs.
SECTION 45. IC 16-25-6-2, AS ADDED BY P.L.256-1999,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 2. (a) A person who owns or operates a hospice
program shall apply, not more than three (3) business days after the
date that an employee or a volunteer begins to provide hospice
services, for a copy of the employee's or volunteer's limited criminal
history from the Indiana central repository for criminal history
information under IC 5-2-5. IC 10-13-3.
(b) A hospice program may not employ an individual or allow a
volunteer to provide hospice services for more than three (3) business
days without applying for that individual's or volunteer's limited
criminal history as required by subsection (a).
SECTION 46. IC 16-25-6-3, AS ADDED BY P.L.256-1999,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 3. (a) Except as provided in subsection (b), a
person who owns or operates a hospice program may not employ an
individual or allow a volunteer to provide hospice services if that
individual's or volunteer's limited criminal history indicates that the
individual or volunteer has:
(1) been convicted of rape (IC 35-42-4-1);
(2) been convicted of criminal deviate conduct (IC 35-42-4-2);
(3) been convicted of exploitation of an endangered adult
(IC 35-46-1-12);
(4) had a judgment entered against the individual for failure to
report battery, neglect, or exploitation of an endangered adult
(IC 35-46-1-13); or
(5) been convicted of theft (IC 35-43-4), if the conviction for theft
occurred less than ten (10) years before the individual's
employment application date.
(b) A hospice program may not employ an individual or allow a
volunteer to provide hospice services for more than twenty-one (21)
calendar days without receipt of that individual's or volunteer's limited
criminal history required by section 2 of this chapter, unless the Indiana
central repository for criminal history information under IC 5-2-5
IC 10-13-3 is solely responsible for failing to provide the individual's
or volunteer's limited criminal history to the hospice program within
the time required under this subsection.
SECTION 47. IC 16-25-6-4, AS ADDED BY P.L.256-1999,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 4. (a) A person who owns or operates a hospice
program is responsible for the payment of fees under IC 5-2-5-7
IC 10-13-3-30 and other fees required under section 2 of this chapter.
(b) This subsection does not apply to a hospice program volunteer.
A hospice program may require an individual who applies to the
hospice program for employment to provide hospice services:
(1) to pay the fees described in subsection (a) to the hospice
program at the time the individual submits an application for
employment; or
(2) to reimburse the hospice program for the payment of the fees
described in subsection (a).
SECTION 48. IC 16-27-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. (a) A person who
operates a home health agency shall apply, not more than three (3)
business days after the date that an employee begins to provide services
in a patient's temporary or permanent residence, for a copy of the
employee's limited criminal history from the Indiana central repository
for criminal history information under IC 5-2-5. IC 10-13-3.
(b) A home health agency may not employ a person to provide
services in a patient's or client's temporary or permanent residence for
more than three (3) business days without applying for that person's
limited criminal history as required by subsection (a).
SECTION 49. IC 16-27-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5. (a) Except as
provided in subsection (b), a person who operates a home health
agency may not employ a person to provide services in a patient's or
client's temporary or permanent residence if that person's limited
criminal history indicates that the person has been convicted of any of
the following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Exploitation of an endangered adult (IC 35-46-1-12).
(4) Failure to report battery, neglect, or exploitation of an
endangered adult (IC 35-46-1-13).
(5) Theft (IC 35-43-4), if the conviction for theft occurred less
than ten (10) years before the person's employment application
date.
(b) A home health agency may not employ a person to provide
services in a patient's or client's temporary or permanent residence for
more than twenty-one (21) calendar days without receipt of that
person's limited criminal history required by section 4 of this chapter,
unless the Indiana central repository for criminal history information
under IC 5-2-5 IC 10-13-3 is solely responsible for failing to provide
the person's limited criminal history to the home health agency within
the time required under this subsection.
SECTION 50. IC 16-27-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 6. (a) A person who
operates a home health agency is responsible for the payment of fees
under IC 5-2-5-7 IC 10-13-3-30 and other fees required under section
4 of this chapter.
(b) A home health agency may require a person who applies to the
home health agency for employment to provide services in a patient's
or client's temporary or permanent residence:
(1) to pay the cost of fees described in subsection (a) to the home
health agency at the time the person submits an application for
employment; or
(2) to reimburse the home health agency for the cost of fees
described in subsection (a).
SECTION 51. IC 16-28-13-4, AS AMENDED BY P.L.108-1999,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 4. (a) Except as provided in subsection (b), a
person who:
(1) operates or administers a health care facility; or
(2) operates an entity in the business of contracting to provide
nurse aides or other unlicensed employees for a health care
facility;
shall apply within three (3) business days from the date a person is
employed as a nurse aide or other unlicensed employee for a copy of
the person's state nurse aide registry report from the state department
and a limited criminal history from the Indiana central repository for
criminal history information under IC 5-2-5 IC 10-13-3 or another
source allowed by law.
(b) A health care facility is not required to apply for the state nurse
aide registry report and limited criminal history required by subsection
(a) if the health care facility contracts to use the services of a nurse aide
or other unlicensed employee who is employed by an entity in the
business of contracting to provide nurse aides or other unlicensed
employees to health care facilities.
SECTION 52. IC 16-28-13-6, AS AMENDED BY P.L.108-1999,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 6. (a) A person who:
(1) operates or administers a health care facility; or
(2) operates an entity in the business of contracting to provide
nurse aides or other unlicensed employees for a health care
facility;
is responsible for the payment of fees under IC 5-2-5-7 IC 10-13-3-30
and other fees required to process a state nurse aide registry report and
a limited criminal history under section 4 of this chapter.
(b) A health care facility or an entity in the business of contracting
to provide nurse aides or other unlicensed employees for a health care
facility may require a person who applies to the health care facility or
entity for employment as a nurse aide or other unlicensed employee:
(1) to pay the cost of fees described in subsection (a) to the health
care facility or entity at the time the person submits an application
for employment; or
(2) to reimburse the health care facility or entity for the cost of
fees described in subsection (a).
SECTION 53. IC 16-31-6-4, AS ADDED BY P.L.156-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 4. (a) This section does not apply to an act or
omission that was a result of gross negligence or willful or intentional
misconduct.
(b) An act or omission of a paramedic, an advanced emergency
medical technician, an emergency medical technician, or a person with
equivalent certification from another state that is performed or made
while providing advanced life support or basic life support to a patient
or trauma victim does not impose liability upon the paramedic, the
advanced emergency medical technician, the emergency medical
technician, the person with equivalent certification from another state,
a hospital, a provider organization, a governmental entity, or an
employee or other staff of a hospital, provider organization, or
governmental entity if the advanced life support or basic life support
is provided in good faith:
(1) in connection with a disaster emergency declared by the
governor under IC 10-4-1-7 IC 10-14-3-12 in response to an act
that the governor in good faith believes to be an act of terrorism
(as defined in IC 35-41-1-26.5); and
(2) in accordance with the rules adopted by the Indiana
emergency medical services commission or the disaster
emergency declaration of the governor.
SECTION 54. IC 16-37-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. The employee in
charge of the division of the state department administering the system
of vital statistics shall be known as the state registrar and shall do the
following:
(1) Keep the files and records pertaining to vital statistics.
(2) Perform the duties prescribed by the state department.
(3) Perform the duties required under IC 10-1-7-8. IC 10-13-5-11.
(4) Administer the putative father registry established by
IC 31-19-5-2.
(5) Maintain records of paternity determinations as provided by
IC 31-14-9.
SECTION 55. IC 16-37-1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 8. (a) Except as
provided in subsection (c), a local health officer shall provide a
certification of birth, death, or stillbirth registration upon request by
any person only if:
(1) the health officer is satisfied that the applicant has a direct
interest in the matter;
(2) the health officer determines that the certificate is necessary
for the determination of personal or property rights or for
compliance with state or federal law; and
(3) the applicant for a birth certificate presents at least one (1)
form of identification.
However, the local health officer must issue a certificate of an
applicant's own birth registration.
(b) A local health officer's decision whether or not to issue a
certified copy of a birth certificate is subject to review by a court.
(c) A local health officer may not issue a copy of a birth certificate
of a missing child to which a notice has been attached under
IC 10-1-7-8 IC 10-13-5-11 without the authorization of the Indiana
clearinghouse for information on missing children.
SECTION 56. IC 20-5-2-7, AS AMENDED BY P.L.272-2001,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 7. (a) A school corporation, including a school
township, shall adopt a policy concerning criminal history information
for individuals who:
(1) apply for:
(A) employment with the school corporation; or
(B) employment with an entity with which the school
corporation contracts for services;
(2) seek to enter into a contract to provide services to the school
corporation; or
(3) are employed by an entity that seeks to enter into a contract to
provide services to the school corporation;
if the individuals are likely to have direct, ongoing contact with
children within the scope of the individuals' employment.
(b) A school corporation, including a school township, shall
administer a policy adopted under this section uniformly for all
individuals to whom the policy applies. A policy adopted under this
section may require any of the following:
(1) The school corporation, including a school township, may
request limited criminal history information concerning each
applicant for noncertificated employment or certificated
employment from a local or state law enforcement agency before
or not later than three (3) months after the applicant's employment
by the school corporation.
(2) Each individual hired for noncertificated employment or
certificated employment may be required to provide a written
consent for the school corporation to request under IC 5-2-5
IC 10-13-3 limited criminal history information or a national
criminal history background check concerning the individual
before or not later than three (3) months after the individual's
employment by the school corporation. The school corporation
may require the individual to provide a set of fingerprints and pay
any fees required for a national criminal history background
check.
(3) Each individual hired for noncertificated employment may be
required at the time the individual is hired to submit a certified
copy of the individual's limited criminal history (as defined in
IC 5-2-5-1(1)) IC 10-13-3-11) to the school corporation.
(4) Each individual hired for noncertificated employment may be
required at the time the individual is hired to:
(A) submit a request to the Indiana central repository for
limited criminal history information under IC 5-2-5;
IC 10-13-3;
(B) obtain a copy of the individual's limited criminal history;
and
(C) submit to the school corporation the individual's limited
criminal history and a document verifying a disposition (as
defined in IC 5-2-5-1(6)) IC 10-13-3-7) that does not appear
on the limited criminal history.
(5) Each applicant for noncertificated employment or certificated
employment may be required at the time the individual applies to
answer questions concerning the individual's limited criminal
history. The failure to answer honestly questions asked under this
subdivision is grounds for termination of the employee's
employment.
(6) Each individual that:
(A) seeks to enter into a contract to provide services to a
school corporation; or
(B) is employed by an entity that seeks to enter into a contract
with a school corporation;
may be required at the time the contract is formed to comply with
the procedures described in subdivision (4)(A) and (4)(B). The
school corporation either may require that the individual or the
contractor comply with the procedures described in subdivision
(4)(C) or (5). Failure to comply with subdivisions (4) and (5), as
required by the school corporation, is grounds for termination of
the contract.
(c) If an individual is required to obtain a limited criminal history
under this section, the individual is responsible for all costs associated
with obtaining the limited criminal history.
(d) Information obtained under this section must be used in
accordance with IC 5-2-5-6. IC 10-13-3-29.
SECTION 57. IC 20-6.1-3-7.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7.1. (a) As used in this
section, "applicant" refers to an applicant for:
(1) a new license;
(2) a renewal license; or
(3) a substitute teacher certificate;
issued by the board.
(b) As used in this section, "limited criminal history" has the
meaning set forth in IC 5-2-5-1(1). IC 10-13-3-11.
(c) As used in this section, "disposition" has the meaning set forth
in IC 5-2-5-1(6). IC 10-13-3-7.
(d) An applicant must do the following:
(1) Submit a request to the Indiana central repository for limited
criminal history information under IC 5-2-5. IC 10-13-3.
(2) Obtain a copy of the limited criminal history for the applicant
from the repository's records.
(3) Submit to the board the limited criminal history for the
applicant.
(4) Submit to the board a document verifying a disposition that
does not appear on the limited criminal history for the applicant.
(e) The board may deny the issuance of a license or certificate to an
applicant who is convicted of an offense for which the individual's
license may be revoked or suspended under this chapter.
the child's parent, guardian, or custodian, under the following
conditions:
(1) The disclosure or reporting of education records is to a state
or local juvenile justice agency.
(2) The disclosure or reporting relates to the ability of the juvenile
justice system to serve, before adjudication, the student whose
records are being released.
(3) The juvenile justice agency receiving the information certifies,
in writing, to the entity providing the information that the agency
or individual receiving the information has agreed not to disclose
it to a third party, other than another juvenile justice agency,
without the consent of the child's parent, guardian, or custodian.
(c) For purposes of subsection (b)(2), a disclosure or reporting of
education records concerning a child who has been adjudicated as a
delinquent child shall be treated as related to the ability of the juvenile
justice system to serve the child before adjudication if the juvenile
justice agency seeking the information provides sufficient information
to enable the keeper of the education records to determine that the
juvenile justice agency seeks the information in order to identify and
intervene with the child as a juvenile at risk of delinquency rather than
to obtain information solely related to supervision of the child as an
adjudicated delinquent child.
SECTION 60. IC 20-10.1-30-1, AS ADDED BY P.L.127-2002,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1. As used in this chapter, "department of
veterans' affairs" refers to the Indiana department of veterans' affairs
established by IC 10-5-1-3. IC 10-17-1-2.
SECTION 61. IC 22-15-5-13, AS ADDED BY P.L.119-2002,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 13. (a) A temporary elevator mechanic license
may be issued by the department upon receipt of the following:
(1) A certification by a licensed elevator contractor that the
contractor is unable to secure, despite the contractor's best efforts,
licensed elevator mechanics to perform construction,
maintenance, or service and repair of elevators.
(2) An application on the form that the department provides.
(3) A certification by the licensed elevator contractor that the
individual to receive the temporary license possesses sufficient
documented experience and education to perform elevator
construction, maintenance, or service and repair.
(4) A temporary mechanic license fee established under
IC 22-12-6-6. The license fee is nonrefundable and must be paid
each time an applicant submits an application.
(5) An affirmation under penalty of perjury made by both the
individual who would receive the temporary license and the
licensed elevator contractor that all information provided to the
department is true to the best of their knowledge and belief.
(b) A temporary elevator mechanic license is valid for sixty (60)
days after the date of issuance and is valid only for work performed for
the licensed elevator contractor that has made the certifications under
subsection (a).
(c) A temporary elevator mechanic license issued under this section
may be renewed for two (2) subsequent sixty (60) day periods. To
renew the license, the license holder must submit the following:
(1) A certification by a licensed elevator contractor that the
contractor is unable to secure, despite the contractor's best efforts,
licensed elevator mechanics to perform construction,
maintenance, or service and repair of elevators.
(2) An application on the form that the department provides.
(3) A temporary mechanic license renewal fee established under
IC 22-12-6-6. The license fee is nonrefundable and must be paid
each time an applicant submits an application.
(4) An affirmation by both the individual that would receive the
temporary license and the licensed elevator contractor under
penalty for perjury that all information provided to the department
is true to the best of their knowledge and belief.
(d) An emergency elevator mechanic license may be issued by the
department upon receipt of the following:
(1) A certification by a licensed elevator contractor that the
contractor is unable to secure, despite the contractor's best efforts,
licensed elevator mechanics to perform construction,
maintenance, or service and repair of elevators due to a disaster
(as defined in IC 10-4-1-3). IC 10-14-3-1).
(2) An application on the form that the department provides.
(3) A certification by the licensed elevator contractor that the
individual to receive the temporary license possesses sufficient
documented experience and education to perform elevator
construction, maintenance, or service and repair.
(4) An emergency mechanic license fee established under
IC 22-12-6-6. The license fee is nonrefundable and must be paid
each time an applicant submits an application.
(5) An affirmation by both the individual that would receive the
temporary license and the licensed elevator contractor under
penalty for perjury that all information provided to the department
is true to the best of their knowledge and belief.
(e) An emergency elevator mechanic license is valid for sixty (60)
days after the date of issuance and is valid only for work performed for
the licensed elevator contractor that has made the certifications under
subsection (d).
(f) An emergency elevator mechanic license issued under this
section may be renewed for two (2) subsequent sixty (60) day periods.
To renew the license, the license holder must submit the following:
(1) A certification by a licensed elevator contractor that the
contractor is unable to secure, despite the contractor's best efforts,
licensed elevator mechanics to perform construction,
maintenance, or service and repair of elevators.
(2) An application on the form that the department provides.
(3) An emergency mechanic license renewal fee established under
IC 22-12-6-6. The license fee is nonrefundable and must be paid
each time an applicant submits an application.
(4) An affirmation by both the individual who would receive the
emergency license and the licensed elevator contractor under
penalty for perjury that all information provided to the department
is true to the best of their knowledge and belief.
SECTION 62. IC 23-2-1-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 15. (a) This chapter
shall be administered by a division of the office of the secretary of
state. The secretary of state shall appoint a securities commissioner
who shall be responsible for the direction and supervision of the
division and the administration of this chapter under the direction and
control of the secretary of state. The salary of the securities
commissioner shall be paid out of the funds appropriated for the
administration of this chapter. The commissioner shall serve at the will
of the secretary of state.
(b) The secretary of state:
(1) shall employ a chief deputy, a senior investigator, a senior
accountant, and other deputies, investigators, accountants, clerks,
stenographers, and other employees necessary for the
administration of this chapter; and
(2) shall fix their compensation with the approval of the budget
agency.
The chief deputy, other deputies, the senior investigator, and the senior
accountant, once employed under this chapter, may be dismissed only
for cause by the secretary of state upon ten (10) days notice in writing
stating the reasons for dismissal. Within fifteen (15) days after
dismissal, the chief deputy, other deputies, the senior investigator, and
the senior accountant may appeal to the state personnel board. The
state personnel board shall hold a hearing, and if it finds that the
appealing party was dismissed for a political, social, religious, or racial
reason, the appealing party shall be reinstated to the appealing party's
position without loss of pay. In all other cases, if the decision is
favorable to the appealing party, the secretary of state shall follow the
findings and recommendations of the board, which may include
reinstatement and payment of salary or wages lost. The hearing and any
subsequent proceedings or appeals shall be governed by the provisions
of IC 4-15-2 and IC 4-21.5.
(c) Fees and funds of whatever character accruing from the
administration of this chapter shall be accounted for by the secretary of
state and shall be deposited with the treasurer of state to be deposited
by the treasurer of state in the general fund of the state. Expenses
incurred in the administration of this chapter shall be paid from the
general fund upon appropriation being made for the expenses in the
manner provided by law for the making of those appropriations.
However, costs of investigations recovered under sections 16(d) and
17.1(c) of this chapter shall be deposited with the treasurer of state to
be deposited by the treasurer of state in a separate account to be known
as the securities division enforcement account. The funds in the
account shall be available, with the approval of the budget agency, to
augment and supplement the funds appropriated for the administration
of this chapter. The funds in the account do not revert to the general
fund at the end of any fiscal year.
(d) In connection with the administration and enforcement of the
provisions of this chapter, the attorney general shall render all
necessary assistance to the securities commissioner upon the
commissioner's request, and to that end, the attorney general shall
employ legal and other professional services as are necessary to
adequately and fully perform the service under the direction of the
securities commissioner as the demands of the securities division shall
require. Expenses incurred by the attorney general for the purposes
stated in this subsection shall be chargeable against and paid out of
funds appropriated to the attorney general for the administration of the
attorney general's office.
(e) Neither the secretary of state, the securities commissioner, nor
an employee of the securities division shall be liable in their individual
capacity, except to the state, for an act done or omitted in connection
with the performance of their respective duties under this chapter.
(f) The commissioner, subject to the approval of the secretary of
state, may adopt rules, orders, and forms necessary to carry out this
chapter, including rules and forms concerning registration statements,
applications, reports, and the definitions of any terms if the definitions
are consistent with this chapter. The commissioner may by rule or order
allow for exemptions from registration requirements under sections 3
and 8 of this chapter if the exemptions are consistent with the public
interest and this chapter.
(g) The provisions of this chapter delegating and granting power to
the secretary of state, the securities division, and the securities
commissioner shall be liberally construed to the end that:
(1) the practice or commission of fraud may be prohibited and
prevented;
(2) disclosure of sufficient and reliable information in order to
afford reasonable opportunity for the exercise of independent
judgment of the persons involved may be assured; and
(3) the qualifications may be prescribed to assure availability of
reliable broker-dealers, investment advisers, and agents engaged
in and in connection with the issuance, barter, sale, purchase,
transfer, or disposition of securities in this state.
It is the intent and purpose of this chapter to delegate and grant to and
vest in the secretary of state, the securities division, and the securities
commissioner full and complete power to carry into effect and
accomplish the purpose of this chapter and to charge them with full and
complete responsibility for its effective administration.
(h) It is the duty of a prosecuting attorney, as well as of the attorney
general, to assist the securities commissioner upon the commissioner's
request in the prosecution to final judgment of a violation of the penal
provisions of this chapter and in a civil proceeding or action arising
under this chapter. If evidence concerning violations of this chapter or
a rule or order under this chapter is referred to a prosecuting attorney,
the prosecuting attorney shall within ninety (90) days file with the
securities commissioner a written statement concerning an action taken
or, if no action has been taken, the reasons no action has been taken.
(i) The securities commissioner shall take, prescribe, and file the
oath of office prescribed by law. The securities commissioner, senior
investigator, and each deputy are police officers of the state and shall
have all the powers and duties of police officers in making arrests for
violations of this chapter, or in serving any process, notice, or order
connected with the enforcement of this chapter by whatever officer or
authority or court issued. The securities commissioner, the deputy
commissioners for enforcement, and the investigators comprise the
enforcement department of the division and are considered a criminal
justice agency for purposes of IC 5-2-4 and IC 5-2-5. IC 10-13-3.
(IC 25-34.1-8).
(30) State board of registration for land surveyors
(IC 25-21.5-2-1).
(31) Physician assistant committee (IC 25-27.5).
(32) Indiana athletic trainers board (IC 25-5.1-2-1).
(33) Board of podiatric medicine (IC 25-29-2-1).
(34) Indiana dietitians certification board (IC 25-14.5-2-1).
(35) Indiana physical therapy committee (IC 25-27).
(36) Manufactured home installer licensing board (IC 25-23.7).
(37) Any other occupational or professional agency created after
June 30, 1981.
SECTION 65. IC 25-22.5-1-2, AS AMENDED BY P.L.255-2001,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 2. (a) This article, as it relates to the unlawful or
unauthorized practice of medicine or osteopathic medicine, does not
apply to any of the following:
(1) A student in training in a medical school approved by the
board, or while performing duties as an intern or a resident in a
hospital under the supervision of the hospital's staff or in a
program approved by the medical school.
(2) A person who renders service in case of emergency where no
fee or other consideration is contemplated, charged, or received.
(3) A paramedic (as defined in IC 16-18-2-266), an advanced
emergency medical technician (as defined in IC 16-18-2-6), an
emergency medical technician (as defined in IC 16-18-2-112), or
a person with equivalent certification from another state who
renders advanced life support (as defined in IC 16-18-2-7) or
basic life support (as defined in IC 16-18-2-33.5):
(A) during a disaster emergency declared by the governor
under IC 10-4-1-7 IC 10-14-3-12 in response to an act that the
governor in good faith believes to be an act of terrorism (as
defined in IC 35-41-1-26.5); and
(B) in accordance with the rules adopted by the Indiana
emergency medical services commission or the disaster
emergency declaration of the governor.
(4) Commissioned medical officers or medical service officers of
the armed forces of the United States, the United States Public
Health Service, and medical officers of the United States
Department of Veterans Affairs in the discharge of their official
duties in Indiana.
(5) An individual who is not a licensee who resides in another
state or country and is authorized to practice medicine or
osteopathic medicine there, who is called in for consultation by an
individual licensed to practice medicine or osteopathic medicine
in Indiana.
(6) A person administering a domestic or family remedy to a
member of the person's family.
(7) A member of a church practicing the religious tenets of the
church if the member does not make a medical diagnosis,
prescribe or administer drugs or medicines, perform surgical or
physical operations, or assume the title of or profess to be a
physician.
(8) A school corporation and a school employee who acts under
IC 34-30-14 (or IC 34-4-16.5-3.5 before its repeal).
(9) A chiropractor practicing the chiropractor's profession under
IC 25-10 or to an employee of a chiropractor acting under the
direction and supervision of the chiropractor under IC 25-10-1-13.
(10) A dental hygienist practicing the dental hygienist's profession
under IC 25-13.
(11) A dentist practicing the dentist's profession under IC 25-14.
(12) A hearing aid dealer practicing the hearing aid dealer's
profession under IC 25-20.
(13) A nurse practicing the nurse's profession under IC 25-23.
However, a registered nurse may administer anesthesia if the
registered nurse acts under the direction of and in the immediate
presence of a physician and holds a certificate of completion of a
course in anesthesia approved by the American Association of
Nurse Anesthetists or a course approved by the board.
(14) An optometrist practicing the optometrist's profession under
IC 25-24.
(15) A pharmacist practicing the pharmacist's profession under
IC 25-26.
(16) A physical therapist practicing the physical therapist's
profession under IC 25-27.
(17) A podiatrist practicing the podiatrist's profession under
IC 25-29.
(18) A psychologist practicing the psychologist's profession under
IC 25-33.
(19) A speech-language pathologist or audiologist practicing the
pathologist's or audiologist's profession under IC 25-35.6.
(20) An employee of a physician or group of physicians who
performs an act, a duty, or a function that is customarily within
the specific area of practice of the employing physician or group
of physicians, if the act, duty, or function is performed under the
direction and supervision of the employing physician or a
physician of the employing group within whose area of practice
the act, duty, or function falls. An employee may not make a
diagnosis or prescribe a treatment and must report the results of
an examination of a patient conducted by the employee to the
employing physician or the physician of the employing group
under whose supervision the employee is working. An employee
may not administer medication without the specific order of the
employing physician or a physician of the employing group.
Unless an employee is licensed or registered to independently
practice in a profession described in subdivisions (9) through
(18), nothing in this subsection grants the employee independent
practitioner status or the authority to perform patient services in
an independent practice in a profession.
(21) A hospital licensed under IC 16-21 or IC 12-25.
(22) A health care organization whose members, shareholders, or
partners are individuals, partnerships, corporations, facilities, or
institutions licensed or legally authorized by this state to provide
health care or professional services as:
(A) a physician;
(B) a psychiatric hospital;
(C) a hospital;
(D) a health maintenance organization or limited service
health maintenance organization;
(E) a health facility;
(F) a dentist;
(G) a registered or licensed practical nurse;
(H) a midwife;
(I) an optometrist;
(J) a podiatrist;
(K) a chiropractor;
(L) a physical therapist; or
(M) a psychologist.
(23) A physician assistant practicing the physician assistant's
profession under IC 25-27.5.
(24) A physician providing medical treatment under
IC 25-22.5-1-2.1.
(25) An attendant who provides care services as defined in
IC 16-27-1-0.5.
(26) A personal services attendant providing authorized attendant
care services under IC 12-10-17.
(b) A person described in subsection (a)(9) through (a)(18) is not
excluded from the application of this article if:
(1) the person performs an act that an Indiana statute does not
authorize the person to perform; and
(2) the act qualifies in whole or in part as the practice of medicine
or osteopathic medicine.
(c) An employment or other contractual relationship between an
entity described in subsection (a)(21) through (a)(22) and a licensed
physician does not constitute the unlawful practice of medicine under
this article if the entity does not direct or control independent medical
acts, decisions, or judgment of the licensed physician. However, if the
direction or control is done by the entity under IC 34-30-15 (or
IC 34-4-12.6 before its repeal), the entity is excluded from the
application of this article as it relates to the unlawful practice of
medicine or osteopathic medicine.
(d) This subsection does not apply to a prescription or drug order for
a legend drug that is filled or refilled in a pharmacy owned or operated
by a hospital licensed under IC 16-21. A physician licensed in Indiana
who permits or authorizes a person to fill or refill a prescription or drug
order for a legend drug except as authorized in IC 16-42-19-11 through
IC 16-42-19-19 is subject to disciplinary action under IC 25-1-9. A
person who violates this subsection commits the unlawful practice of
medicine under this chapter.
(e) A person described in subsection (a)(8) shall not be authorized
to dispense contraceptives or birth control devices.
SECTION 66. IC 25-25-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. (a) This section
applies to:
(1) any veteran described in IC 10-5-12-1 IC 10-17-5-2 or
IC 10-5-13-1; IC 10-17-5-1; or
(2) any other veteran to whom this chapter applies because of the
provisions of any other statute;
who holds an honorable discharge from such service issued by the
proper authorities. Such a person shall be entitled to a license to vend,
hawk, and peddle goods, wares, fruits, and merchandise in any county,
city, or town within this state in Indiana without the payment of any
fee therefor. for the license. Upon the presentation of his the person's
certificate and papers of discharge, properly executed, to the auditor of
any county in this state, and proving his the person's identity as the
person named in his the person's certificate of honorable discharge,
the auditor shall issue to such ex-soldier the former soldier or sailor
a free license to vend, hawk, and peddle goods, wares, fruits, and
merchandise within in the county and in all cities and towns therein
situate, which license shall be free, and no in the county. A fee shall
may not be charged to the holder of such the license by such the
auditor, nor by the authorities of any city or town in such the county,
nor or by any other officer. but such The license shall be full and
complete authority to vend, hawk, and peddle as aforesaid, without the
payment of any sum of money.
(b) A person who acquires a license under this section is subject to
all county, city, or town regulations and ordinances concerning
vendors, hawkers, or peddlers, except for those provisions requiring
payment of money for obtaining a license.
SECTION 67. IC 25-30-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. As used in this
chapter:
"Department" means the state police department established under
IC 10-1-1-1. IC 10-11-2-4.
"Polygraph examiner" means a person who is solely or partly
engaged in the business of establishing the truth or falsity of any
statement or representation, by means of a polygraph instrument.
"Polygraph instrument" means a device that permanently and
simultaneously records, at a minimum, an individual's cardiovascular
and respiratory patterns and galvanic skin responses in order to
determine truthfulness.
SECTION 68. IC 25-36.5-1-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 18. (a) The definitions
set forth in IC 5-2-5-1 IC 10-13-3 apply throughout this section.
(b) The department shall under IC 5-2-5-5(b) IC 10-13-3-27(b)
request and obtain the release of a limited criminal history from the
state police department on each person who applies to the department
under this chapter for the issuance of either of the following:
(1) A timber buyer registration certificate.
(2) A timber buyer agent's license.
SECTION 69. IC 27-8-3-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 6. Any incorporation,
association or society organized to insure lives, which provides for the
payment of policy claims, or the accumulation of reserve or emergency
funds, and the expenses of the management and prosecution of the
business by payments to be made either at periods named in the
contract or upon assessments as required, by persons holding similar
contracts, and wherein the insured's liability to contribute to the
payment of policy claims accrued or to accrue is not limited to a fixed
sum, shall be deemed to be engaged in the business of life insurance
upon the assessment plan, and shall be subject only to the provisions
of this chapter. However, nothing contained in this chapter shall be
construed as applicable to any association of religious or secret
societies, or to any class of mechanics, express, telegraph or railroad
employees, or veterans described in IC 10-5-12-1 or IC 10-5-13-1,
IC 10-17-5-2 or IC 10-17-5-1 formed for the mutual benefit of the
members thereof and their families exclusively, or to any secret or
fraternal societies, lodges or councils that may be organized, or that are
now organized and doing business in this state, which conduct their
business and secure members on the lodge system exclusively, having
ritualistic work and ceremonies in their societies, lodges or councils,
and which are under the supervision of the grand or supreme body, nor
to any association organized solely for benevolent purposes and not for
profit.
SECTION 70. IC 27-8-3-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 26. Nothing contained
in sections one through twenty-five of this chapter shall be construed
to apply to secret or fraternal societies, lodges or councils that are now
organized, or that may hereafter be organized, which conduct their
business and secure members on the lodge system, exclusively, having
ritualistic work and ceremonies in their societies, lodges or councils,
and which are under the supervision of a grand or supreme body, nor
to any association organized solely for benevolent purposes and not for
profit; nor to any association of religious or secret societies, nor to any
class of mechanics, express, telegraph or railroad employees or
veterans described in IC 10-5-12-1 or IC 10-5-13-1 IC 10-17-5-2 or
IC 10-17-5-1 or any existing societies now doing business and formed
for the mutual benefit of the members thereof and their families
exclusively.
SECTION 71. IC 31-14-14-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. A noncustodial
parent who misses visitation as the result of participation in an activity
of:
(1) the Indiana National Guard; or
(2) a reserve component of the armed forces of the United States;
may make up the lost visitation as provided in IC 10-2-4-23.
IC 10-16-7-22.
SECTION 72. IC 31-17-4-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 10. A noncustodial
parent who misses visitation as the result of participation in an activity
of:
(1) the Indiana National Guard; or
(2) a reserve component of the armed forces of the United States;
established by IC 10-1-7-3 IC 10-13-5-5 to determine if the child
has been reported missing.
SECTION 77. IC 31-36-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. Upon completion of
the report required by section 1 of this chapter, the law enforcement
agency shall immediately forward the contents of the report to:
(1) all law enforcement agencies that have jurisdiction of the
location in which the missing child lives and all law enforcement
agencies that have jurisdiction of the location in which the
missing child was last seen;
(2) all law enforcement agencies to which the person who
provided notification requests the report be sent, if the law
enforcement agency determines that the request is reasonable in
light of the information contained in the report;
(3) all law enforcement agencies that request a copy of the report;
(4) the Indiana clearinghouse for information on missing children
established by IC 10-1-7; IC 10-13-5;
(5) the Indiana data and communication system (IDACS); and
(6) the National Crime Information Center's Missing Person File.
SECTION 78. IC 31-36-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. (a) A state or local
governmental agency or a public or private organization maintaining
a record of the fingerprints of a child shall release a copy of that record
to a law enforcement agency if:
(1) the child is a missing child (as defined in IC 10-1-7-2);
IC 10-13-5-4);
(2) a parent or guardian of the child provides written consent for
the release of the record; and
(3) the law enforcement agency requests a copy of the record.
(b) Except as provided in IC 31-39-5, a record of the fingerprints of
a child taken and retained by a state or local governmental agency shall
be destroyed when the child becomes eighteen (18) years of age.
SECTION 79. IC 33-4-5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7. (a) A person shall be
excused from acting as a juror if the person:
(1) is over sixty-five (65) years of age;
(2) is a member in active service of the armed forces of the United
States;
(3) is an elected or appointed official of the executive, legislative,
or judicial branches of government of:
(A) the United States;
(B) Indiana; or
three hundred sixty-five (365) days. The fact that a person's selection
as a juror would violate this subsection is sufficient cause for
challenge.
(d) A grand jury, a petit jury, or an individual juror drawn for
service in one (1) court may serve in another court of the county, in
accordance with orders entered on the record in each of the courts.
(e) The same petit jurors may be used in civil cases and in criminal
cases.
(f) A person may not be excluded from jury service on account of
race, color, religion, sex, national origin, or economic status.
SECTION 80. IC 33-19-9-4, AS AMENDED BY P.L.183-2001,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 4. (a) The treasurer of state shall semiannually
distribute one million two hundred eighty-eight thousand dollars
($1,288,000) of the amounts transferred to the state fund under section
3 of this chapter as follows:
(1) Fourteen and ninety-eight hundredths percent (14.98%) shall
be deposited into the alcohol and drug countermeasures fund
established under IC 9-27-2-11.
(2) Eight and forty-two hundredths percent (8.42%) shall be
deposited into the drug interdiction fund established under
IC 10-1-8-2. IC 10-11-7.
(3) Four and sixty-eight hundredths percent (4.68%) shall be
deposited into the drug prosecution fund established under
IC 33-14-8-5.
(4) Five and sixty-two hundredths percent (5.62%) shall be
deposited into the corrections drug abuse fund established under
IC 11-8-2-11.
(5) Twenty-two and forty-seven hundredths percent (22.47%)
shall be deposited into the state drug free communities fund
established by IC 5-2-10-2.
(6) Seven and ninety-eight hundredths percent (7.98%) shall be
distributed to the Indiana department of transportation for use
under IC 8-23-2-15.
(7) Twenty and thirty-two hundredths percent (20.32%) shall be
deposited in the family violence and victim assistance fund
established by IC 12-18-5-2.
(8) Fifteen and fifty-three hundredths percent (15.53%) shall be
deposited in the Indiana safe schools fund established by
IC 5-2-10.1.
(b) The treasurer of state shall semiannually distribute the amount
remaining after the distributions in subsection (a) to the judicial
technology and automation project fund established by IC 33-2.1-7-10.
SECTION 81. IC 34-6-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 11. "Armory", for
purposes of IC 34-30-8, means an armory constructed and operated
under IC 10-2-2. IC 10-16-3 or IC 10-16-4.
SECTION 82. IC 34-29-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. Statutes outside
IC 34 providing immunity from civil arrest include the following:
(1) IC 10-2-4-5 IC 10-16-7-8 (Members of the national guard not
subject to arrest on civil process while on duty).
(2) IC 35-37-5 (Uniform Act to Secure the Attendance of
Witnesses from Without a State in Criminal Proceedings).
SECTION 83. IC 34-30-2-35 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 35. IC 10-1-2.5-4
IC 10-13-2-6 (Concerning officials who furnish reports, information,
or statistics to the criminal justice data division).
SECTION 84. IC 34-30-2-36 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 36. IC 10-2-4-4
IC 10-16-7-7 (Concerning members of the national guard).
SECTION 85. IC 34-30-2-37 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 37. IC 10-4-1-8
IC 10-14-3-15 (Concerning the state, political subdivisions, and
emergency management workers for injury, death, or property damage).
SECTION 86. IC 34-30-2-37.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 37.2. IC 10-4-1-11
IC 10-14-3-18 (Concerning employees of a political subdivision
rendering aid in another political subdivision or out of state).
SECTION 87. IC 34-30-2-38 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 38. IC 10-4-1-18(c)
IC 10-14-3-25(e) (Concerning persons owning or controlling real
estate or other premises used to shelter persons during an attack,
emergency, disaster, or drill).
SECTION 88. IC 34-30-2-38.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 38.3. IC 10-4-3-1
IC 10-14-7-1 (Concerning officers and employees of a state that is a
party to the interstate earthquake emergency compact, and persons
rendering aid under the compact).
SECTION 89. IC 34-30-2-39 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 39. IC 10-7-2-1
IC 10-18-1-1 (Concerning members of the Indiana war memorials
commission).
SECTION 90. IC 34-30-8-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. If a person or entity,
other than a person or entity listed in subdivisions (1) through (10),
enters into a written agreement to use space in an armory for a function,
the following persons and entities are not liable for civil damages for
any property damage or bodily injury resulting from the serving of food
or beverages at the function held at the armory:
(1) The state.
(2) The Indiana army national guard.
(3) The Indiana air national guard.
(4) The army national guard of the United States.
(5) The air national guard of the United States.
(6) The adjutant general appointed under IC 10-2-2-4.
IC 10-16-2-6.
(7) The assistant adjutants general appointed under IC 10-2-2-5.
IC 10-16-2-7.
(8) The officers and enlisted members of the Indiana army
national guard and the Indiana air national guard.
(9) The state armory board appointed under IC 10-2-2-9
IC 10-10-16-3-1 and the members of that board.
(10) The local armory board appointed under IC 10-2-2-24
IC 10-16-4-1 for the armory and the members of that board.
SECTION 91. IC 35-38-2-2.3, AS AMENDED BY P.L.76-2002,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 2.3. (a) As a condition of probation, the court may
require a person to do a combination of the following:
(1) Work faithfully at suitable employment or faithfully pursue a
course of study or vocational training that will equip the person
for suitable employment.
(2) Undergo available medical or psychiatric treatment and
remain in a specified institution if required for that purpose.
(3) Attend or reside in a facility established for the instruction,
recreation, or residence of persons on probation.
(4) Support the person's dependents and meet other family
responsibilities.
(5) Make restitution or reparation to the victim of the crime for
damage or injury that was sustained by the victim. When
restitution or reparation is a condition of probation, the court shall
fix the amount, which may not exceed an amount the person can
or will be able to pay, and shall fix the manner of performance.
(6) Execute a repayment agreement with the appropriate
governmental entity to repay the full amount of public relief or
assistance wrongfully received, and make repayments according
to a repayment schedule set out in the agreement.
(7) Pay a fine authorized by IC 35-50.
(8) Refrain from possessing a firearm or other deadly weapon
unless granted written permission by the court or the person's
probation officer.
(9) Report to a probation officer at reasonable times as directed
by the court or the probation officer.
(10) Permit the person's probation officer to visit the person at
reasonable times at the person's home or elsewhere.
(11) Remain within the jurisdiction of the court, unless granted
permission to leave by the court or by the person's probation
officer.
(12) Answer all reasonable inquiries by the court or the person's
probation officer and promptly notify the court or probation
officer of any change in address or employment.
(13) Perform uncompensated work that benefits the community.
(14) Satisfy other conditions reasonably related to the person's
rehabilitation.
(15) Undergo home detention under IC 35-38-2.5.
(16) Undergo a laboratory test or series of tests approved by the
state department of health to detect and confirm the presence of
the human immunodeficiency virus (HIV) antigen or antibodies
to the human immunodeficiency virus (HIV), if:
(A) the person had been convicted of a sex crime listed in
IC 35-38-1-7.1(e) and the crime created an epidemiologically
demonstrated risk of transmission of the human
immunodeficiency virus (HIV) as described in
IC 35-38-1-7.1(b)(8); or
(B) the person had been convicted of an offense related to a
controlled substance listed in IC 35-38-1-7.1(f) and the offense
involved the conditions described in IC 35-38-1-7.1(b)(9)(A).
(17) Refrain from any direct or indirect contact with an
individual.
(18) Execute a repayment agreement with the appropriate
governmental entity or with a person for reasonable costs incurred
because of the taking, detention, or return of a missing child (as
defined in IC 10-1-7-2). IC 10-13-5-4).
(19) Periodically undergo a laboratory chemical test (as defined
in IC 14-15-8-1) or series of chemical tests as specified by the
court to detect and confirm the presence of a controlled substance
(as defined in IC 35-48-1-9). The person on probation is
responsible for any charges resulting from a test and shall have
the results of any test under this subdivision reported to the
person's probation officer by the laboratory.
(20) If the person was confined in a penal facility, execute a
reimbursement plan as directed by the court and make repayments
under the plan to the authority that operates the penal facility for
all or part of the costs of the person's confinement in the penal
facility. The court shall fix an amount that:
(A) may not exceed an amount the person can or will be able
to pay;
(B) does not harm the person's ability to reasonably be self
supporting or to reasonably support any dependent of the
person; and
(C) takes into consideration and gives priority to any other
restitution, reparation, repayment, or fine the person is
required to pay under this section.
(21) Refrain from owning, harboring, or training an animal.
(b) When a person is placed on probation, the person shall be given
a written statement specifying:
(1) the conditions of probation; and
(2) that if the person violates a condition of probation during the
probationary period, a petition to revoke probation may be filed
before the earlier of the following:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the
violation.
(c) As a condition of probation, the court may require that the
person serve a term of imprisonment in an appropriate facility at the
time or intervals (consecutive or intermittent) within the period of
probation the court determines.
(d) Intermittent service may be required only for a term of not more
than sixty (60) days and must be served in the county or local penal
facility. The intermittent term is computed on the basis of the actual
days spent in confinement and shall be completed within one (1) year.
A person does not earn credit time while serving an intermittent term
of imprisonment under this subsection. When the court orders
intermittent service, the court shall state:
(1) the term of imprisonment;
(2) the days or parts of days during which a person is to be
confined; and
(3) the conditions.
(e) Supervision of a person may be transferred from the court that
placed the person on probation to a court of another jurisdiction, with
the concurrence of both courts. Retransfers of supervision may occur
in the same manner. This subsection does not apply to transfers made
under IC 11-13-4 or IC 11-13-5.
(f) When a court imposes a condition of probation described in
subsection (a)(17):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the division of state court
administration with the clerk.
SECTION 92. IC 35-38-5-5, AS AMENDED BY P.L.10-1999,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 5. (a) This section does not apply to a request to
a law enforcement agency for the release or inspection of a limited
criminal history to a noncriminal justice organization or individual
whenever the subject of the request is described in IC 5-2-5-5(a)(8) or
IC 5-2-5-5(a)(12). IC 10-13-3-27(a)(8) or IC 10-13-3-27(a)(12).
(b) A person may petition the state police department to limit access
to his the person's limited criminal history to criminal justice agencies
if more than fifteen (15) years have elapsed since the date the person
was discharged from probation, imprisonment, or parole (whichever is
later) for the last conviction for a crime.
(c) When a petition is filed under subsection (b), the state police
department shall not release limited criminal history to noncriminal
justice agencies under IC 5-2-5-5. IC 10-13-5-27.
SECTION 93. IC 35-38-7-5, AS ADDED BY P.L.49-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 5. A person who was convicted of and sentenced
for an offense may file a written petition with the court that sentenced
the petitioner for the offense to require the forensic DNA testing and
analysis of any evidence that:
(1) is:
(A) in the possession or control of a court or the state; or
(B) otherwise contained in the Indiana DNA data base
established under IC 10-1-9; IC 10-13-6;
(2) is related to the investigation or prosecution that resulted in
the person's conviction; and
(3) may contain biological evidence.
SECTION 94. IC 35-38-7-12, AS ADDED BY P.L.49-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 12. If the court orders DNA testing and analysis
under this chapter, the court shall select a laboratory that meets the
quality assurance and proficiency testing standards applicable to
laboratories conducting forensic DNA analysis under IC 10-1-9.
IC 10-13-6.
SECTION 95. IC 35-38-7-18, AS ADDED BY P.L.49-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 18. If the results of the postconviction DNA
testing and analysis are not favorable to the person who was convicted
of the offense, the court:
(1) shall dismiss the person's petition; and
(2) may make any further orders that the court determines to be
appropriate, including any of the following:
(A) An order providing for notification of the parole board or
a probation department.
(B) An order requesting that the petitioner's sample be added
to the Indiana data base established under IC 10-1-9.
IC 10-13-6.
SECTION 96. IC 35-44-2-2, AS AMENDED BY P.L.123-2002,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 2. (a) As used in this section, "consumer product"
has the meaning set forth in IC 35-45-8-1.
(b) A person who reports, by telephone, telegraph, mail, or other
written or oral communication, that:
(1) the person or another person has placed or intends to place an
explosive, a destructive device, or other destructive substance in
a building or transportation facility;
(2) there has been or there will be tampering with a consumer
product introduced into commerce; or
(3) there has been or will be placed or introduced a weapon of
mass destruction in a building or a place of assembly;
knowing the report to be false commits false reporting, a Class D
felony.
(c) A person who:
(1) gives a false report of the commission of a crime or gives false
information in the official investigation of the commission of a
crime, knowing the report or information to be false;
(2) gives a false alarm of fire to the fire department of a
governmental entity, knowing the alarm to be false;
(3) makes a false request for ambulance service to an ambulance
service provider, knowing the request to be false; or
(4) gives a false report concerning a missing child (as defined in
IC 10-1-7-2) IC 10-13-5-4) or gives false information in the
official investigation of a missing child knowing the report or
information to be false;
(either individually or jointly) to fill vacancies on the separate legal
entity or joint board.
(c) Subsection (a)(6) does not apply to an emergency management
assistance compact under IC 10-4-2.5. IC 10-14-5.
SECTION 100. IC 36-1-7-7, AS AMENDED BY P.L.1-1999,
SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 7. (a) Except as provided in subsection (c), if an
agreement under section 3 of this chapter concerns the provision of law
enforcement or firefighting services, the following provisions apply:
(1) Visiting law enforcement officers or firefighters have the same
powers and duties as corresponding personnel of the entities they
visit, but only for the period they are engaged in activities
authorized by the entity they are visiting, and are subject to all
provisions of law as if they were providing services within their
own jurisdiction.
(2) An entity providing visiting personnel remains responsible for
the conduct of its personnel, for their medical expenses, for
worker's compensation, and if the entity is a volunteer fire
department, for all benefits provided by IC 36-8-12.
(b) A law enforcement or fire service agency of a unit or of the state
may request the assistance of a law enforcement or fire service agency
of another unit, even if no agreement for such assistance is in effect. In
such a case, subsection (a)(1) and (a)(2) apply, the agency requesting
assistance shall pay all travel expenses, and all visiting personnel shall
be supervised by the agency requesting assistance.
(c) This subsection applies to a law enforcement officer that visits
another state after a request for assistance from another state under the
emergency management compact is made under IC 10-4-2.5.
IC 10-14-5. A law enforcement officer that visits another state does not
have the power of arrest unless the law enforcement officer is
specifically authorized to exercise the power by the receiving state.
SECTION 101. IC 36-2-7-10, AS AMENDED BY P.L.2-2002,
SECTION 107, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 10. (a) The county recorder shall
tax and collect the fees prescribed by this section for recording, filing,
copying, and other services the recorder renders, and shall pay them
into the county treasury at the end of each calendar month. The fees
prescribed and collected under this section supersede all other
recording fees required by law to be charged for services rendered by
the county recorder.
(b) The county recorder shall charge the following:
(1) Six dollars ($6) for the first page and two dollars ($2) for each
additional page of any document the recorder records if the pages
are not larger than eight and one-half (8 ½) inches by fourteen
(14) inches.
(2) Fifteen dollars ($15) for the first page and five dollars ($5) for
each additional page of any document the recorder records, if the
pages are larger than eight and one-half (8 ½) inches by fourteen
(14) inches.
(3) For attesting to the release, partial release, or assignment of
any mortgage, judgment, lien, or oil and gas lease contained on a
multiple transaction document, the fee for each transaction after
the first is the amount provided in subdivision (1) plus the amount
provided in subdivision (4) and one dollar ($1) for marginal
mortgage assignments or marginal mortgage releases.
(4) One dollar ($1) for each cross-reference of a recorded
document.
(5) One dollar ($1) per page not larger than eight and one-half (8
½) inches by fourteen (14) inches for furnishing copies of records
produced by a photographic process, and two dollars ($2) per
page that is larger than eight and one-half (8 ½) inches by
fourteen (14) inches.
(6) Five dollars ($5) for acknowledging or certifying to a
document.
(7) Five dollars ($5) for each deed the recorder records, in
addition to other fees for deeds, for the county surveyor's corner
perpetuation fund for use as provided in IC 32-19-4-3 or
IC 36-2-12-11(e).
(8) A fee in an amount authorized under IC 5-14-3-8 for
transmitting a copy of a document by facsimile machine.
(9) A fee in an amount authorized by an ordinance adopted by the
county legislative body for duplicating a computer tape, a
computer disk, an optical disk, microfilm, or similar media. This
fee may not cover making a handwritten copy or a photocopy or
using xerography or a duplicating machine.
(10) A supplemental fee of three dollars ($3) for recording a
document that is paid at the time of recording. The fee under this
subdivision is in addition to other fees provided by law for
recording a document.
(c) The county treasurer shall establish a recorder's records
perpetuation fund. All revenue received under subsection (b)(5), (b)(8),
(b)(9), and (b)(10) shall be deposited in this fund. The county recorder
may use any money in this fund without appropriation for the
preservation of records and the improvement of record keeping systems
and equipment.
(d) As used in this section, "record" or "recording" includes the
functions of recording, filing, and filing for record.
(e) The county recorder shall post the fees set forth in subsection (b)
in a prominent place within the county recorder's office where the fee
schedule will be readily accessible to the public.
(f) The county recorder may not tax or collect any fee for:
(1) recording an official bond of a public officer, a deputy, an
appointee, or an employee; or
(2) performing any service under any of the following:
(A) IC 6-1.1-22-2(c).
(B) IC 8-23-7.
(C) IC 8-23-23.
(D) IC 10-5-4-3. IC 10-17-2-3.
(E) IC 10-5-7-1(a). IC 10-17-3-2.
(F) IC 12-14-13.
(G) IC 12-14-16.
(g) The state and its agencies and instrumentalities are required to
pay the recording fees and charges that this section prescribes.
SECTION 102. THE FOLLOWING ARE REPEALED
[EFFECTIVE JULY 1, 2003]: IC 5-2-5; IC 5-2-5.1; IC 10-1; IC 10-2;
IC 10-3; IC 10-4; IC 10-5; IC 10-6; IC 10-7; IC 10-8; IC 10-9.