First Regular Session 117th General Assembly (2011)
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SENATE ENROLLED ACT No. 248
AN ACT to amend the Indiana Code concerning public safety.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 10-16-1-6; (11)SE0248.1.1. -->
SECTION 1. IC 10-16-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. "Commanding
officer" means the commander of a company, a troop, a battery, a
squadron, a battalion, an air group, a regiment, a brigade, a battle
group, a wing, or a division, commander. a post, an installation, or a
joint forces headquarters.
SOURCE: IC 10-16-3-1; (11)SE0248.1.2. -->
SECTION 2. IC 10-16-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: 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:
(A) The governor.
(B) The adjutant general.
(2) Five (5) members appointed by the governor. At least three (3)
of the members must be or must have been officers of the military
or naval forces of the United States or of the state of Indiana.
(3) The presidents of the local armory boards as provided under
IC 10-16-4-3(c).
SOURCE: IC 10-16-3-2; (11)SE0248.1.3. -->
SECTION 3. IC 10-16-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. The state armory
board established by section 1 of this chapter may contribute funds in
support of the following authorized duties and responsibilities of the
adjutant general:
(1) The military department of the Indiana ceremonial unit.
(2) The Indiana guard reserve.
(3) The annual report of the adjutant general's department.
(4) The medical treatment, pensions, and funeral expenses of
officers and soldiers wounded, disabled, or killed while in the
active service of the state.
(5) Expenditures for public relations expenditures of and the
promotion of morale within the adjutant general's department
that are not paid by the United States Department of Defense.
(6) Recruitment and retention expenditures of the adjutant
general's department that are not paid by the United States
Department of Defense.
(7) The publication of the armed forces law of Indiana in
accordance with IC 10-16-2-9(d).
SOURCE: IC 10-16-3-6; (11)SE0248.1.4. -->
SECTION 4. IC 10-16-3-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. (a) The state armory
board may:
(1) lease real estate from:
(A) the federal, the state, or a local government; or
(B) a federal, state, or local agency; or
(2) purchase real estate throughout the state;
where necessary to provide armories
or other military purposes.
(b) The state armory board shall lease or purchase real estate in the
name and for the use of the state. The state armory board
shall may
erect on the real estate an armory
or another appropriate structure
to be used for meetings, rendezvous, and drill purposes by the
following organizations:
(1) A company.
(2) A battery.
(3) A troop.
(4) A battalion.
(5) A regiment.
(6) A division organization.
(7) An air squadron.
(8) A related group.
(9) An organization authorized by the state board.
The ordnance stores, quartermaster stores, and other property issued to
an organization described in this subsection and occupying the armory
shall be stored in the armory
or other appropriate structure.
(c) The state armory board shall arrange for the occupancy and use
of the armories under the direction and responsibility of the senior
officer in command of an organization described in subsection (b).
(d) An armory may not be erected on land that is leased for less than
fifty (50) years.
(e) The Indiana wing of the civil air patrol and its subordinate units
may use armory facilities without charge when the officer responsible
for the armory determines the use would not interfere with operational
training requirements of the military forces concerned.
SOURCE: IC 10-16-3-7; (11)SE0248.1.5. -->
SECTION 5. IC 10-16-3-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. The state armory
board shall constitute a board for the general management, care, and
custody of the armories. The state armory board may adopt rules for:
(1) the management and government of the armories; and
(2) the guidance of the organizations occupying the armories; and
(3) any other purpose consistent with this chapter.
SOURCE: IC 10-16-3-9; (11)SE0248.1.6. -->
SECTION 6. IC 10-16-3-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. (a) The state armory
board may receive from any source donations of land real or personal
property or contributions of money to aid in providing or erecting
armories throughout Indiana for the use the support and assistance 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: or personal property:
(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 property
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 property to the donor or to another entity or
individual that the adjutant general considers appropriate.
SOURCE: IC 10-16-3-11; (11)SE0248.1.7. -->
SECTION 7. IC 10-16-3-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 11. The state armory
board may use
the receipts under IC 10-16-9-3(a)(3) its financial
resources 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.
SOURCE: IC 10-16-3-13; (11)SE0248.1.8. -->
SECTION 8. IC 10-16-3-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: 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:
(1) the real property can no longer be used for the purpose for
which it was acquired; and
(2) the conveyance provides a substantial public or military
benefit.
(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.
SOURCE: IC 10-16-3-14; (11)SE0248.1.9. -->
SECTION 9. IC 10-16-3-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: 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 the property have been fully complied with.
SOURCE: IC 10-16-7-25; (11)SE0248.1.10. -->
SECTION 10. IC 10-16-7-25 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 25. For purposes of transfers of
property forfeited to the United States under the Controlled
Substance Act (21 U.S.C. 881), the Indiana National Guard is
designated as a law enforcement agency.
SOURCE: IC 10-16-9-3; (11)SE0248.1.11. -->
SECTION 11. IC 10-16-9-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: 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.
(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. local armory board
assigned to the convicted soldier's unit. The county treasurer
local armory board shall immediately transmit the payment to
the treasurer of state. The treasurer of state shall quarterly pay the
sums to the armory board, state 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.
SOURCE: IC 10-16-12-1; (11)SE0248.1.12. -->
SECTION 12. IC 10-16-12-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. The following
awards and decorations are established to be bestowed upon the
officers and enlisted persons of the armed forces of Indiana under the
conditions and in the manner provided in this article:
(1) An Indiana Distinguished Service Cross shall be awarded to
any commissioned officer or enlisted person of the militia, who:
(A) performs, at great personal danger and risk of life or limb
in peace or war, any act of heroism designed to protect life or
property; or
(B) in the face of a military or armed enemy of the United
States government or of the state of Indiana, performs an act
over and beyond the call of duty, which act, danger, or risk the
officer or enlisted person could have failed to perform or incur
without being subject to censure for neglect of duty.
(2) An Indiana Distinguished Service Medal shall be awarded to
a commissioned officer or an enlisted person of the militia and
other officers, enlisted persons, and civilians, who perform
unusually distinguished or meritorious service, that:
(A) to a marked degree is reflected in the increased efficiency
of the militia; or
(B) brings exceptional and great honor or credit to the Indiana
armed forces and commands the attention and respect of the
citizens of Indiana and of the military establishment
throughout the United States.
(3) Long Service Medals shall be awarded to officers and enlisted
persons for honest and faithful service in the federally recognized
Indiana national guard for periods of:
(A) ten (10) years;
(B) fifteen (15) years;
(C) twenty (20) years;
(D) twenty-five (25) years; and
(E) for longer periods.
A symbol shall be worn on the ribbon of each medal, one (1) for
each year in addition to the period for which the medal was
issued, until the officer or enlisted person is entitled to a medal
for the next period for which a different long service medal is
issued.
(4) An Indiana national guard commendation medal shall be
awarded to any commissioned officer or enlisted person of the
militia and other officers, enlisted persons, and civilians, who
have distinguished themselves by meritorious achievement or
meritorious service. The required meritorious achievement or
meritorious service while of lesser degree than that required for
the award of the Indiana distinguished service medal must have
been accomplished with distinction. The award may be made for
acts of outstanding courage that do not meet the requirements for
award of the Indiana distinguished service medal. It is particularly
desirable that emphasis be placed on the award of this decoration
to outstanding company grade officers, warrant officers, and
enlisted personnel whose achievements and service meet the
prescribed standards.
(5) An Indiana Emergency Service Ribbon shall be awarded to all
currently assigned officers, warrant officers, and enlisted
members of the Indiana national guard who have served on state
active duty during a state emergency. For purposes of this
subdivision, "state emergency" means any 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.
(7) An Air National Guard First Sergeant Ribbon is
authorized for a currently assigned member who serves or has
previously served as a first sergeant in the Indiana Air
National Guard, if the member meets the criteria set forth in
clause (A). A request for an award, including a retroactive
award, must be submitted in the manner set forth in clause
(B), and meet any other criteria established by the adjutant
general. The ribbon shall consist of a plain blue field with a
silver diamond device in the center, and no medal shall
accompany the award of the ribbon. The ribbon shall be
awarded as follows:
(A) In recognition of meritorious service by a member of
the Indiana Air National Guard who has served in the first
sergeant career field, Special Duty Identifier 8F000, and
who meets the following criteria:
(i) Has been assigned to a valid first sergeant position for
at least three (3) years.
(ii) Graduated from either the United States Air Force
Academy or the Army National Guard First Sergeant
Academy.
(B) The individual unit commander of a member of the
Indiana Air National Guard who meets the criteria set
forth in clause (A) shall submit a letter to the wing
commander, recommending the member for the award
based upon the member's contributions, conduct, and
demonstrated leadership as a first sergeant. If the wing
commander approves, the wing commander shall forward
the letter of recommendation to the military personnel
flight commanding officer for action. If the wing
commander disapproves, the wing commander shall return
the letter of recommendation to the unit commander.
(C) The adjutant general shall establish procedures for the
award presentation ceremony following accepted practice
and miliary tradition.
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.
SEA 248
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