SENATE BILL No. 243
DIGEST OF INTRODUCED BILL
Citations Affected: IC 6-8.1-9-5; IC 10-17-1-6; IC 10-17-12.
Synopsis: Military family relief trust fund. Establishes the military
family relief trust fund to provide grants to the families of Indiana
residents who: (1) are members of the Indiana National Guard or the
armed forces reserves; and (2) have been called to active duty after
September 11, 2001. Allows the veterans' affairs commission to
establish the eligibility criteria and application and selection
procedures for the grants. Funds the fund by taxpayer designation on
a state income tax return of: (1) a contribution; or (2) all or part of a
state income tax refund.
Effective: July 1, 2005.
January 6, 2005, read first time and referred to Committee on Appropriations.
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type
, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type
. Also, the
will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type
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between statutes enacted by the 2004 Regular Session of the General Assembly.
SENATE BILL No. 243
A BILL FOR AN ACT to amend the Indiana Code concerning
military and veterans affairs and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 6-8.1-9-5; (05)IN0243.1.1. -->
SECTION 1. IC 6-8.1-9-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 5. (a) As used in this section, "fund" refers to the
military family relief trust fund established by IC 10-17-12-8.
(b) An individual who:
(1) is a resident of Indiana;
(2) files an individual income tax return; and
(3) is entitled to a refund from the department because of the
overpayment of income tax for a taxable year;
may designate on the individual's annual state income tax return
that all or part of the refund to which the individual is entitled is
to be paid to the fund. If the individual designates an amount that
is greater than the amount to which the individual is entitled as a
refund, the entire amount of the individual's refund must be paid
to the fund.
(c) A husband and wife who:
(1) are residents of Indiana;
(2) file a joint income tax return; and
(3) are entitled to a refund from the department because of
the overpayment of income tax for a taxable year;
may designate on their annual state income tax return that all or
part of the refund to which they are entitled is to be paid to the
fund. If the husband and wife designate an amount that is greater
than the amount to which they are entitled as a refund, the entire
amount of their refund must be paid to the fund.
(d) If an individual or a husband and wife designate:
(1) an amount to the fund under this section; and
(2) an amount to the nongame fund under section 4 of this
the department shall first apply the individual's or husband and
wife's refund to payment of the amount designated for the fund.
The department shall apply the balance, if any, of the refund to
payment of the amount designated for the nongame fund.
(e) In addition to a designation under subsection (b) or (c), a
(1) is a resident of Indiana; and
(2) files an individual or joint income tax return;
may designate on the taxpayer's annual state income tax return
that the taxpayer desires to contribute to the fund by stating the
amount of the contribution, but the amount may not be less than
one dollar ($1).
(f) Individual income tax returns must include a statement that:
(1) a contribution under subsection (e) does not reduce the
(2) a contribution under subsection (e) will increase the
amount that must accompany the return; and
(3) the failure to include all or part of the increased amount
referred to under subdivision (2) with the taxpayer's tax
return will reduce the contribution to the extent that the
increased amount is not included.
(g) The instructions for the preparation of individual income tax
returns must include a description of the purposes and uses of the
fund that is written in cooperation with the Indiana department of
SOURCE: IC 10-17-1-6; (05)IN0243.1.2. -->
SECTION 2. IC 10-17-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) The director of
(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
(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
(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
(7) To perform the duties described in IC 10-17-11 for the Indiana
state veterans' cemetery.
(8) To perform the duties described in IC 10-17-12 for the
military family relief trust fund.
SOURCE: IC 10-17-12; (05)IN0243.1.3. -->
SECTION 3. IC 10-17-12 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2005]:
Chapter 12. Military Family Relief Trust Fund
Sec. 1. As used in this chapter, "active duty" means full-time
service in the:
(1) armed forces; or
(2) national guard;
for a period that exceeds thirty (30) consecutive days in a calendar
Sec. 2. As used in this chapter, "armed forces" includes the
reserve components of the following:
(1) The United States Army.
(2) The United States Navy.
(3) The United States Marine Corps.
(4) The United States Air Force.
(5) The United States Coast Guard.
Sec. 3. As used in this chapter, "commission" refers to the
veterans' affairs commission established by IC 10-17-1-3.
Sec. 4. As used in this chapter, "department" refers to the
Indiana department of veterans' affairs established by
Sec. 5. As used in this chapter, "director" refers to the director
of veterans' affairs.
Sec. 6. As used in this chapter, "fund" refers to the military
family relief trust fund established by section 8 of this chapter.
Sec. 7. As used in this chapter, "national guard" means:
(1) the Indiana Army National Guard; or
(2) the Indiana Air National Guard.
Sec. 8. (a) The military family relief trust fund is established for
the purpose of providing assistance with food, housing, utilities,
medical services, basic transportation, and other expenses that
have become difficult to afford for families of Indiana residents
(1) members of the:
(A) armed forces; or
(B) national guard; and
(2) called to active duty after September 11, 2001.
(b) The department may expend the money in the fund
exclusively to provide grants for assistance as described in
(c) The director shall administer the fund.
Sec. 9. (a) The fund consists of the following:
(1) Refunds and contributions designated for the fund under
(2) Appropriations made by the general assembly.
(3) Donations to the fund.
(4) Interest as provided in subsection (c).
(5) Money transferred to the fund from other funds.
(6) Money from any other source authorized or appropriated
for the fund.
(b) The expenses of administering the fund and this chapter
shall be paid from the fund.
(c) 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 money may be invested. Interest that
accrues from these investments shall be deposited in the fund.
(d) An appropriation made by the general assembly to the fund
shall be allotted and allocated at the beginning of the fiscal period
for which the appropriation was made.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund or to any other fund.
(f) Except as provided by an enactment of the general assembly,
there is annually appropriated to the department all money in the
fund for the purposes of this chapter.
Sec. 10. The commission may adopt rules under IC 4-22-2 for
the provision of grants under this chapter. The rules adopted
under this section must address the following:
(1) Uniform need determination procedures.
(2) Eligibility criteria.
(3) Application procedures.
(4) Selection procedures.
(5) Coordination with other assistance programs.
(6) Other areas in which the department determines that rules
are necessary to assure the uniform administration of the
grant program under this chapter.
SOURCE: ; (05)IN0243.1.4. -->
SECTION 4. [EFFECTIVE JULY 1, 2005] IC 6-8.1-9-5, as added
by this act, applies to taxable years beginning after December 31,
SOURCE: ; (05)IN0243.1.5. -->
SECTION 5. [EFFECTIVE JULY 1, 2005] (a) Notwithstanding
IC 10-17-12-10, as added by this act, the director of veterans'
affairs shall carry out the duties imposed upon:
(1) the director of veterans' affairs; or
(2) the Indiana department of veterans' affairs;
under IC 10-17-12, as added by this act, under interim written
guidelines approved by the veterans' affairs commission.
(b) This SECTION expires on the earlier of the following:
(1) The date rules are adopted under IC 10-17-12-10, as added
by this act.
(2) June 30, 2006.