Introduced Version
HOUSE BILL No. 1061
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 4-15-2
; IC 6-1.1;
IC 9-13-2
; IC 9-18; IC 10-5;
IC 10-6-1-7
;
IC 14-22-12
;
IC 16-33-4
;
IC 20-10.1-30
;
IC 20-12-19
;
IC 25-25-2-1
;
IC 25-37-1-14
.
Synopsis: Merchant marine service veterans' benefits. Extends state
veterans' benefits to individuals who serve in the United States
Merchant Marine during wartime.
Effective: July 1, 2003.
Cheney
January 7, 2003, read first time and referred to Committee on Public Policy, Ethics and
Veterans Affairs.
Introduced
First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2002 Regular or Special Session of the General Assembly.
HOUSE BILL No. 1061
A BILL FOR AN ACT to amend the Indiana Code concerning
military and veterans affairs.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-15-2-18; (03)IN1061.1.1. -->
SECTION 1.
IC 4-15-2-18
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 18. (a) The rating of
each test shall be completed and the resulting list established not later
than thirty (30) days after the date on which the test was held, unless
such time is extended by the director for reasons which the director
shall record in the official records of the department. The final earned
rating of each person competing in any test shall be determined by the
weighted average of the earned ratings of the test, according to weights
for each phase established by the director in advance of the giving of
the test. The names of all persons attaining the minimum final earned
ratings established by the director in advance of the giving of the tests
shall be placed upon the eligible list in order of their ratings. The
names of persons who have indicated in writing that they are unwilling
to accept appointment may be dropped from the list. All persons
competing in any test shall be given written notice of their final earned
ratings. Statements of former employers of the applicants shall be
confidential. A manifest error in rating a test shall be corrected if called
to the attention of the director, but such correction shall not invalidate
any appointment previously made from such a list.
(b) In certification for appointment, in appointment, in
reinstatement, and in reemployment in any state service, preference
shall be given to former members of the military services of the United
States who served on active duty in any branch of the armed forces and
who at no time received a discharge or separation under other than
honorable conditions, except corrected separation or discharge to read
"honorable" as evidenced by appropriate records presented from the
United States Department of Defense or appropriate branch of the
military service.
(c) Preference shall be given in the following priorities:
(1) Former members of the military service who have established
the present existence of a service connected disability of ten
percent (10%) or more, as evidenced by records of the United
States Department of Veterans Affairs or the United States
Department of Transportation or disability retirement benefits
as evidenced by laws administered by the United States
Department of Defense.
(2) The spouse of such service connected disabled veterans and
the unremarried spouse of deceased veterans.
(3) Those former members of the military service who are
wartime veterans.
(4) Veterans of the military service who served more than one
hundred eighty-one (181) days on active duty, regardless of when
served.
(d) In all written examinations to determine the qualifications of
applicants for entrance into state service:
(1) ten (10) points shall be added to the earned rating of persons
taking competitive examination under subsection (c)(1) or (c)(2);
(2) five (5) points shall be added to the earned ratings of persons
taking competitive examination under subsection (c)(3); and
(3) two (2) points shall be added to the earned rating of persons
taking competitive examination under subsection (c)(4).
(e) All points specified in subsection (d) shall be added to the total
combined test scores of the person and shall not be allocated to any
single feature or part of the competitive examination. Rating shall be
based on a scale of one hundred (100) points as the maximum
attainable.
(f) When veterans preference in state service employment is limited
to wartime veterans, this subsection applies for the purpose of defining
"war":
(1) World War II - December 7, 1941, to December 31, 1946.
(2) Korean Conflict - June 27, 1950, to January 31, 1955.
(3) Viet Nam Conflict - August 5, 1964, to May 7, 1975.
(4) Actual combat or duty equally hazardous, regardless of time,
or service in any foreign war, insurrection, or expedition, which
service is recognized by the award of a service or campaign medal
of the United States.
(5)
Service on a vessel of the United States on ocean,
coastwise, or intercoastal voyages, regardless of time, under
conditions of danger to life and property or subjected to
hostile action by an enemy government or hostile force.
(6) Participation as a regularly assigned crew member of any
military craft
or vessel of the United States in a mission in
support of a military operation, regardless of time, as designated
by the armed forces of the United States.
(g) Active duty consists of:
(1) ninety (90) days or more wartime service;
(2) ninety (90) days or more consecutive service which began or
ended during wartime period;
(3) ninety (90) days or more combined service in two (2) or more
wartime periods;
(4) service of less than ninety (90) days, if discharged for a
disability in line of duty; or
(5) service qualifying under subsection (f)(4),
or (f)(5),
or (f)(6),
which must be documented by appropriate records of the United
States Department of Defense
or the United States Department
of Transportation.
(h) In examinations where experience is an element of qualification,
time spent in the armed forces of the United States shall be credited in
a veteran's rating where the veteran's actual employment in a similar
vocation to that for which the veteran is examined was interrupted by
such service. In all examinations to determine the qualifications of a
veteran applicant, credit shall be given for all valuable experience,
including experience gained in religious, civic, welfare, service, and
organizational activities, regardless of whether any compensation was
received for the experience.
(i) In determining qualifications for examination, appointment,
promotion, retention, transfer, or reinstatement, with respect to
preference eligibles, the department shall waive requirements as to age,
height, and weight, if the requirement is not essential to the
performance of the duties of the position for which examination is
given. The department, after giving due consideration to the
recommendation of any accredited physician, shall waive the physical
requirements in the case of any veteran, if the veteran is, in the opinion
of the director, physically able to discharge efficiently the duties of the
position for which the examination is given. No minimum educational
requirement may be prescribed in any civil service examination except
for such scientific, technical, or professional positions, the duties of
which the department decides cannot be performed by a person who
does not have such education. The director shall make a part of the
department's public records the director's reasons for such decision.
(j) The names of preference eligibles shall be entered on the
appropriate registers or lists of eligibles in accordance with their
respective augmented ratings. The name of a preference eligible shall
be entered ahead of all others having the same rating.
(k) The director shall adopt appropriate rules under
IC 4-22-2
for
the administration and enforcement of this section.
(l) In any reduction in personnel in any state service, competing
employees shall be released in accordance with board regulations
which shall give due effect to tenure of employment, military
preference, length of service, and efficiency ratings. The length of time
spent in active service in the armed forces of the United States of each
such employee shall be credited in computing length of total service.
Veteran's preference points shall be added to the retention score of a
preference eligible. When any of the functions of any state agency are
transferred to, or when any state agency is replaced by, some other state
agency or agencies, all preference employees in the function or
functions transferred or in the agency replaced shall first be transferred
to the replacing agency or agencies for employment in positions for
which they are qualified, before the agency or agencies appoint
additional employees from any other sources for such positions.
(m) Any preference eligible who has resigned may, at the request of
any appointing officer, be certified for and appointed to any position
for which the preference eligible has been a regular employee in the
state service.
(n) Any preference eligible who has been furloughed or separated
without delinquency or misconduct, upon request, shall have the
preference eligible's name placed on all appropriate registers and
employment lists, for every position for which the preference eligible's
qualifications have been established.
(o) Applicants claiming preference of their own service must submit
either:
(1) original discharge or separation or certified copies or photostat
copies of the originals;
(2) an official statement from the United States Department of
Defense
or the United States Department of Transportation
showing record of service; or
(3) an official statement from the United States Department of
Veterans Affairs supporting the claim for disability.
SOURCE: IC 4-15-2-18.1; (03)IN1061.1.2. -->
SECTION 2.
IC 4-15-2-18.1
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 18.1. As used in this chapter, "armed forces" or
"military services" includes the United States Army, United States
Navy, United States Marine Corps, United States Air Force, United
States Coast Guard, and United States Merchant Marine.
SOURCE: IC 4-15-2-18.2; (03)IN1061.1.3. -->
SECTION 3.
IC 4-15-2-18.2
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 18.2. As used in this chapter, "vessel of the United
States" means a vessel documented or numbered under the laws of
the United States or titled under the laws of a state.
SOURCE: IC 4-15-2-18.3; (03)IN1061.1.4. -->
SECTION 4.
IC 4-15-2-18.3
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 18.3. As used in this chapter, "veteran" means a
person who served in the armed forces and was discharged or
separated from service under other than dishonorable conditions.
SOURCE: IC 6-1.1-1-22.7; (03)IN1061.1.5. -->
SECTION 5.
IC 6-1.1-1-22.7
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 22.7. "Military or naval forces of
the United States" includes the United States Army, United States
Navy, United States Marine Corps, United States Air Force, United
States Coast Guard, and United States Merchant Marine.
SOURCE: IC 6-1.1-12-0.3; (03)IN1061.1.6. -->
SECTION 6.
IC 6-1.1-12-0.3
IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]:
Sec. 0.3. (a) As used in this chapter,
when a deduction is available to a person who served in the
military or naval forces of the United States during any of its wars,
"war" includes the following periods of service:
(1) Spanish-American War - April 21, 1898, to July 4, 1902.
(2) Mexican border period - May 9, 1916, to April 5, 1917.
(3) World War I - April 6, 1917, to November 11, 1918.
(4) World War II - December 7, 1941, to December 31, 1946.
(5) Korean Conflict - June 27, 1950, to January 31, 1955.
(6) Vietnam era - August 5, 1964, to May 7, 1975.
(7) Persian Gulf War - August 2, 1990, to a date to be set by
presidential proclamation or federal law.
(8) The period beginning on the date of any declaration of
war, after June 30, 2003, by the United States Congress and
ending on the date prescribed by presidential proclamation or
concurrent resolution of the United States Congress.
(9) Actual combat or duty equally hazardous, regardless of
time, or service in any foreign war, insurrection, or
expedition, which service is recognized by the award of a
service or campaign medal of the United States.
(10) Service on a vessel of the United States on ocean,
coastwise, or intercoastal voyages, regardless of time, under
conditions of danger to life and property or subjected to
hostile action by an enemy government or hostile force.
(11) Participation as a regularly assigned crew member of any
military craft or vessel of the United States in a mission in
support of a military operation, regardless of time, as
designated by the military or naval forces of the United States.
(b) As used in this section, "vessel of the United States" means
a vessel documented or numbered under the laws of the United
States or titled under the laws of a state.
SOURCE: IC 6-1.1-12-13; (03)IN1061.1.7. -->
SECTION 7.
IC 6-1.1-12-13
, AS AMENDED BY P.L.291-2001,
SECTION 135, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 13. (a) Except as provided in
section 40.5 of this chapter, an individual may have twelve thousand
dollars ($12,000) deducted from the assessed value of the taxable
tangible property that the individual owns, or real property, a mobile
home not assessed as real property, or a manufactured home not
assessed as real property that the individual is buying under a contract
that provides that the individual is to pay property taxes on the real
property, mobile home, or manufactured home, if the contract or a
memorandum of the contract is recorded in the county recorder's office
and if:
(1) the individual served in the military or naval forces of the
United States during any of its wars;
(2) the individual received an honorable discharge;
(3) the individual is disabled with a service connected disability
of ten percent (10%) or more; and
(4) the individual's disability is evidenced by:
(A) a pension certificate, an award of compensation,
or a
disability compensation check,
or other documentation
issued by the United States Department of Veterans Affairs,
the United States Department of Transportation, or the
head of another federal agency; or
(B) a certificate of eligibility issued to the individual by the
Indiana department of veterans' affairs after the Indiana
department of veterans' affairs has determined that the
individual's disability qualifies the individual to receive a
deduction under this section.
(b) The surviving spouse of an individual may receive the deduction
provided by this section if the individual would qualify for the
deduction if the individual were alive.
(c) One who receives the deduction provided by this section may not
receive the deduction provided by section 16 of this chapter. However,
the individual may receive any other property tax deduction which the
individual is entitled to by law.
(d) An individual who has sold real property, a mobile home not
assessed as real property, or a manufactured home not assessed as real
property to another person under a contract that provides that the
contract buyer is to pay the property taxes on the real property, mobile
home, or manufactured home may not claim the deduction provided
under this section against that real property, mobile home, or
manufactured home.
SOURCE: IC 6-1.1-12-14; (03)IN1061.1.8. -->
SECTION 8.
IC 6-1.1-12-14
, AS AMENDED BY P.L.291-2001,
SECTION 136, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 14. (a) Except as provided in
subsection (c) and except as provided in section 40.5 of this chapter, an
individual may have the sum of six thousand dollars ($6,000) deducted
from the assessed value of the tangible property that the individual
owns (or the real property, mobile home not assessed as real property,
or manufactured home not assessed as real property that the individual
is buying under a contract that provides that the individual is to pay
property taxes on the real property, mobile home, or manufactured
home if the contract or a memorandum of the contract is recorded in
the county recorder's office) if:
(1) the individual served in the military or naval forces of the
United States for at least ninety (90) days;
(2) the individual received an honorable discharge;
(3) the individual either:
(A) is totally disabled; or
(B) is at least sixty-two (62) years old and has a disability of at
least ten percent (10%); and
(4) the individual's disability is evidenced by:
(A) a pension certificate, or an award of compensation, or
other documentation issued by the United States Department
of Veterans Affairs, the United States Department of
Transportation, or the head of another federal agency; or
(B) a certificate of eligibility issued to the individual by the
Indiana department of veterans' affairs after the Indiana
department of veterans' affairs has determined that the
individual's disability qualifies the individual to receive a
deduction under this section.
(b) Except as provided in subsection (c), the surviving spouse of an
individual may receive the deduction provided by this section if the
individual would qualify for the deduction if the individual were alive.
(c) No one is entitled to the deduction provided by this section if the
assessed value of the individual's tangible property, as shown by the tax
duplicate, exceeds fifty-four thousand dollars ($54,000).
(d) An individual who has sold real property, a mobile home not
assessed as real property, or a manufactured home not assessed as real
property to another person under a contract that provides that the
contract buyer is to pay the property taxes on the real property, mobile
home, or manufactured home may not claim the deduction provided
under this section against that real property, mobile home, or
manufactured home.
SOURCE: IC 6-1.1-12-15; (03)IN1061.1.9. -->
SECTION 9. IC 6-1.1-12-15, AS AMENDED BY P.L.177-2002,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 15. (a) Except as provided in section 17.8 of this
chapter, an individual who desires to claim the deduction provided by
section 13 or section 14 of this chapter must file a statement with the
auditor of the county in which the individual resides. With respect to
real property, the statement must be filed during the twelve (12)
months before May 11 of each year for which the individual wishes to
obtain the deduction. With respect to a mobile home that is not
assessed as real property or a manufactured home that is not assessed
as real property, the statement must be filed during the twelve (12)
months before March 2 of each year for which the individual wishes to
obtain the deduction. The statement may be filed in person or by mail.
If mailed, the mailing must be postmarked on or before the last day for
filing. The statement shall contain a sworn declaration that the
individual is entitled to the deduction.
(b) In addition to the statement, the individual shall submit to the
county auditor for the auditor's inspection:
(1) a pension certificate, an award of compensation, or a disability
compensation check, or other documentation issued by the
United States Department of Veterans Affairs, the United States
Department of Transportation, or the head of another federal
agency, if the individual claims the deduction provided by section
13 of this chapter;
(2) a pension certificate, or an award of compensation, or other
documentation issued by the United States Department of
Veterans Affairs, the United States Department of
Transportation, or the head of another federal agency, if the
individual claims the deduction provided by section 14 of this
chapter; or
(3) the appropriate certificate of eligibility issued to the individual
by the Indiana department of veterans' affairs if the individual
claims the deduction provided by section 13 or 14 of this chapter.
(c) If the individual claiming the deduction is under guardianship,
the guardian shall file the statement required by this section.
(d) If the individual claiming a deduction under section 13 or 14 of
this chapter is buying real property, a mobile home not assessed as real
property, or a manufactured home not assessed as real property under
a contract that provides that the individual is to pay property taxes for
the real estate, mobile home, or manufactured home, the statement
required by this section must contain the record number and page
where the contract or memorandum of the contract is recorded.
SOURCE: IC 9-13-2-101; (03)IN1061.1.10. -->
SECTION 10.
IC 9-13-2-101
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 101. "Member of the
armed forces of the United States" means a person who served or
serves on active military or naval service in the land, air, or naval
forces of the United States. The term does not include service in the
merchant marines, except as the term is used in
IC 9-18-18
and
IC 9-18-38.
SOURCE: IC 9-13-2-132; (03)IN1061.1.11. -->
SECTION 11.
IC 9-13-2-132
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 132. "Prisoner of war"
means a person who, while serving on active military service in the
land, air, or naval forces of the United States, was in the power of a
hostile government, was imprisoned by the military or naval forces of
a foreign nation during the United States' military involvement in
World War I, World War II, the Korean Police Action, or the Vietnam
Conflict and who is either presently a member of the armed forces or
has received an honorable discharge. As used in
IC 9-18-18
and
IC 9-18-38
, the term includes a person who, while serving in the
United States Merchant Marine, was imprisoned or forcibly
detained or interned by an enemy government or hostile force as
the result of hostile action or declared war.
SOURCE: IC 9-18-18-1; (03)IN1061.1.12. -->
SECTION 12.
IC 9-18-18-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. (a) A person may
apply for, receive, and display a disabled veteran license plate on the
person's vehicle for private and personal use if the person, as the result
of having served in the armed forces of the United States, has:
(1) lost sight in both eyes or suffered permanent impairment of
vision in both eyes to the extent of being eligible for
service-connected compensation for the loss;
(2) suffered the loss of one (1) or both feet or the permanent loss
of use of one (1) or both feet;
(3) suffered the loss of one (1) or both hands or the permanent
loss of use of one (1) or both hands; or
(4) a physical condition that precludes the person from walking
without pain or difficulty.
(b) An application for a disabled veteran license plate must be
accompanied by a certificate from the:
(1) United States Department of Veterans Affairs; or
(2) appropriate branch of the armed forces of the United States;
(3) United States Department of Transportation; or
(4) head of another federal agency;
confirming the eligibility of the person submitting the application for
the disabled veteran license plate.
SOURCE: IC 9-18-38-1; (03)IN1061.1.13. -->
SECTION 13.
IC 9-18-38-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. As used in this
chapter, "Indiana retired armed forces member" means a person who:
(1) has served at least twenty (20) years in the United States
Armed Forces or their reserves and qualifies for a paid retirement;
and
(2) presents:
(A) a valid United States Uniformed Services Retiree
Identification Card or its reserve equivalent; or
(B) equivalent documentation from the United States
Department of Transportation or the head of another
federal agency.
SOURCE: IC 10-5-3-1; (03)IN1061.1.14. -->
SECTION 14.
IC 10-5-3-1
, AS AMENDED BY P.L.16-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1. (a)
As used in this section, the term "armed
forces" includes the United States Army, United States Navy,
United States Marine Corps, United States Air Force, United States
Coast Guard, and United States Merchant Marine.
(b) Whenever any person, male or female, who has heretofore
served, or who may hereafter serve, 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 thereof, resident of any county of this state, and who, while
a member of the armed forces and before discharge therefrom, or, who
after receiving an honorable discharge therefrom, or the wife or widow,
the husband or widower of any such member of the armed forces of the
United States, resident of any county of this state, has died or shall
hereafter die, upon claim being filed by an interested person with the
board of commissioners of the county of the residence of such deceased
person, stating the fact of such service, death, and discharge, if
discharged from such service prior to death, and that the body has been
buried in a decent and respectable manner, in a cemetery or burial
ground, such board of commissioners shall hear and determine such
claim, like other claims, filed for allowance by them, and if the facts
averred are found to be true, as a tribute of respect due such member
of the armed forces, shall make allowance of such claim in a sum not
exceeding one hundred dollars ($100) for service rendered and material
furnished in care of such body and where necessary an amount not to
exceed twenty-five dollars ($25) for a place of burial of such body.
(b) (c) Only one (1) claim shall be allowed for any decedent, who
qualifies under this chapter, and the total sum of the claim filed and for
which allowances shall be made whether it be for service rendered and
material furnished or service rendered, material furnished, and place
for burial furnished shall not exceed one hundred dollars ($100).
However, should the federal government provide a marker for the grave
of any such person, the board of commissioners shall make a further
allowance of not more than one hundred dollars ($100) for the setting
of such marker. Any sum of money expended by any county under the
provisions of this chapter shall be considered as a gift, and no persons
for and on behalf of the state of Indiana or any of its political
subdivisions shall be authorized to file a claim for a lump sum death
benefit, with the federal social security administration claiming
reimbursement for any sum of money so expended.
(c) (d) Before a person who will set a grave marker provided by the
federal government as described in subsection (b) (c) enters into a
contract to set the grave marker 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 for setting the
grave marker 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.
SOURCE: IC 10-5-13-0.5; (03)IN1061.1.15. -->
SECTION 15.
IC 10-5-13-0.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 0.5. As used in this chapter,
"armed forces of the United States" includes the United States
Army, United States Navy, United States Marine Corps, United
States Air Force, United States Coast Guard, and United States
Merchant Marine.
SOURCE: IC 10-5-25-3.5; (03)IN1061.1.16. -->
SECTION 16.
IC 10-5-25-3.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 3.5. As used in this chapter,
"veteran" means a person who served in the United States Army,
United States Navy, United States Marine Corps, United States Air
Force, United States Coast Guard, or United States Merchant
Marine and was discharged or separated from service under other
than dishonorable conditions.
SOURCE: IC 10-5-25-10; (03)IN1061.1.17. -->
SECTION 17.
IC 10-5-25-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 10. (a) A veteran who:
(1) is eligible to be buried in a national cemetery according to 38
U.S.C. 2402; or
(2) as a member of the United States Merchant Marine,
served on a vessel of the United States on ocean, coastwise, or
intercoastal voyages, regardless of time, during a period of
war or under conditions of danger to life and property or
subjected to hostile action by an enemy government or hostile
force;
is eligible to be buried in the Indiana state veterans' cemetery
established under this chapter.
(b) The spouse of a veteran who is eligible to be buried in a national
cemetery according to 38 U.S.C. 2402 described in subsection (a) is
also eligible to be buried in the Indiana state veterans' cemetery
established by this chapter.
SOURCE: IC 10-6-1-7; (03)IN1061.1.18. -->
SECTION 18.
IC 10-6-1-7
, AS AMENDED BY P.L.8-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 7. (a) As used in this section, "armed forces"
includes the United States Army, United States Navy, United States
Marine Corps, United States Air Force, United States Coast
Guard, and United States Merchant Marine.
(b) As used in this section, "veteran" means an individual who
served in the armed forces and was discharged or separated from
service under other than dishonorable conditions.
(c) 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) All honorably discharged members of the armed forces and
nurses who have served with the United States in any of its wars.
(2) All honorably discharged members of the armed forces and
nurses who have served in any of the authorized campaigns of the
United States and who have service-connected disabilities, as
evidenced by a pension certificate or the award of compensation.
(3) The spouses of such discharged members of the armed forces.
(4) The surviving spouses of such discharged members of the
armed forces.
(b) (d) The administrative head of the division of medical
institutions of the state department of health, or of its legally
constituted successor, shall adopt rules concerning admission to the
home.
(c) (e) In making rules governing the admission, maintenance, and
discharge of members of the veterans' home, it shall be lawful for the
administrative head of the administrative unit for special institutions of
the state department of health, or of its legally constituted successor, to
establish a fund to be known as the "veterans' home comfort and
welfare fund", and the administrative head shall deposit all money
collected from the members for the cost of their care and maintenance
in this fund. The administrative head shall expend this money in any
manner that will add to the comfort and welfare of the members of the
institutions. A portion of such fund may be withdrawn and deposited
in a special fund to be known as the "veterans' home building fund",
which fund shall be used for the construction, maintenance,
remodeling, or repairing of buildings of the Indiana veterans' home.
Preference may be given to persons who served in Indiana military
organizations. Except in cases where the surviving spouse of a veteran
shall marry another veteran, the benefits of this chapter shall extend
only to surviving spouses and spouses of veterans when the contract of
marriage was entered into more than five (5) years prior to the date of
death of the veteran. Unless otherwise prescribed by law, on the death
of any person in such home any balance of money paid to such person,
or due to the person from any bank, trust company, corporation, or
individual shall become part of the assets of such person's estate and
shall be distributed in the manner as prescribed by the probate law of
the state.
SOURCE: IC 14-22-12-0.5; (03)IN1061.1.19. -->
SECTION 19.
IC 14-22-12-0.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 0.5. As used in this chapter,
"armed forces of the United States" includes the United States
Army, United States Navy, United States Marine Corps, United
States Air Force, United States Coast Guard, and United States
Merchant Marine.
SOURCE: IC 14-22-12-1.5; (03)IN1061.1.20. -->
SECTION 20.
IC 14-22-12-1.5
, AS ADDED BY P.L.188-2001,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1.5. (a) As used in this section, "qualified
individual" means an individual who:
(1) is a resident of Indiana;
(2) has served in the armed forces of the United States; and
(3) has a service connected disability, as evidenced by:
(A) records of the United States Department of Veterans
Affairs; or
(B) disability retirement benefits awarded to the individual
under laws administered by the United States Department of
Defense; or
(C) documentation from the United States Department of
Transportation or the head of another federal agency.
(b) A qualified individual is entitled to reduced fee hunting and
fishing licenses under this section.
(c) Each year a qualified individual may obtain:
(1) both:
(A) a resident yearly license to fish; and
(B) a resident yearly license to hunt; or
(2) a resident yearly license to hunt and fish;
by paying a reduced license fee of two dollars and seventy-five cents
($2.75) instead of the fee prescribed by section 1 of this chapter.
(d) An applicant for a reduced fee license under this section must do
the following:
(1) Request the license from:
(A) the department;
(B) an agent appointed by the director under
IC 14-22-11-3
; or
(C) the clerk of the circuit court who is an authorized
representative of the department under
IC 14-22-11-3
in the
county in which the individual resides.
(2) Present evidence that the applicant is a qualified individual.
SOURCE: IC 16-33-4-1; (03)IN1061.1.21. -->
SECTION 21.
IC 16-33-4-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. As used in this
chapter, "armed forces of the United States" means the forces and
components of the Army, Navy, Air Force, Marine Corps,
and Coast
Guard, and Merchant Marine.
SOURCE: IC 16-33-4-4; (03)IN1061.1.22. -->
SECTION 22.
IC 16-33-4-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. As used in this
chapter, "member of the armed forces" means a person who:
(1) is on active duty in the armed forces of the United States;
(2) has:
(A) served on active duty in the armed forces of the United
States during any of its wars, including the Korean War, for
not less than ninety (90) days; or
(B) while on active duty in the armed forces of the United
States:
(i) suffered a service connected disability necessitating
discharge; or
(ii) died in the line of duty;
before the completion of ninety (90) days of service if the
person has received a discharge or certificate of service other
than dishonorable from the armed forces of the United States,
or the survivors of the person have received a letter of
mourning or certificate of death in case of death in the armed
forces of the United States; or
(3) has:
(A) served on active duty in any of the authorized campaigns
or declared emergencies of the United States as evidenced by:
(i) an award of authorized decorations for service outside the
continental limits; or
(ii) other documentation available from the United States
Department of Transportation or the head of another
federal agency; and
(B) received a discharge other than dishonorable, or the
survivors of the person have received a letter of mourning or
certificate of death in the case of death in the armed forces.
SOURCE: IC 20-10.1-30-2.5; (03)IN1061.1.23. -->
SECTION 23.
IC 20-10.1-30-2.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 2.5. As used in this chapter,
"armed forces of the United States" includes the United States
Army, United States Navy, United States Marine Corps, United
States Air Force, United States Coast Guard, and United States
Merchant Marine.
SOURCE: IC 20-10.1-30-7; (03)IN1061.1.24. -->
SECTION 24.
IC 20-10.1-30-7
, AS ADDED BY P.L.127-2002,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 7. The department and the department of veterans'
affairs shall jointly design a form for the application for issuance of a
diploma under the program. The application form shall require at least
the following information about an eligible veteran:
(1) Personal identification information.
(2) Military service information, including a copy of the eligible
veteran's honorable discharge or honorable service certificate.
(3) High school information, including the following:
(A) Name and address, including county, of the last high
school attended.
(B) Whether the high school was a public or nonpublic school.
(C) Years attended.
(D) Year of leaving high school to begin military service.
(E) Year in which the veteran would have graduated if the
veteran had not left high school to begin military service.
(4) If the high school attended was a public school, whether the
veteran prefers receiving a diploma issued by:
(A) the board; or
(B) the governing body of the school corporation governing
the high school.
SOURCE: IC 20-12-19-0.5; (03)IN1061.1.25. -->
SECTION 25.
IC 20-12-19-0.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 0.5. As used in this chapter,
"armed forces of the United States" includes the United States
Army, United States Navy, United States Marine Corps, United
States Air Force, United States Coast Guard, and United States
Merchant Marine.
SOURCE: IC 20-12-19-1; (03)IN1061.1.26. -->
SECTION 26.
IC 20-12-19-1
, AS AMENDED BY P.L.103-2002,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1. (a) As used in this section, "state educational
institution" has the meaning set forth in
IC 20-12-0.5-1.
(b) This section applies to the following persons:
(1) A person who:
(A) is a pupil at the Soldiers' and Sailors' Children's Home;
(B) was admitted to the Soldiers' and Sailors' Children's Home
because the person was related to a member of the armed
forces of the United States;
(C) is eligible to pay the resident tuition rate at the state
educational institution the person will attend as determined by
the institution; and
(D) possesses the requisite academic qualifications.
(2) A person:
(A) whose mother or father:
(i) served in the armed forces of the United States;
(ii) received the Purple Heart decoration or was wounded as
a result of enemy action; and
(iii) received a discharge or separation from the armed
forces other than a dishonorable discharge;
(B) who is eligible to pay the resident tuition rate at the state
educational institution the person will attend as determined by
the institution; and
(C) who possesses the requisite academic qualifications.
(3) A person:
(A) whose mother or father:
(i) served in the armed forces of the United States during
any war or performed duty equally hazardous that was
recognized by the award of a service or campaign medal of
the United States or other documentation available from
the United States Department of Transportation or the
head of another federal agency;
(ii) suffered a service connected death or disability as
determined by the United States Department of Veterans
Affairs, the United States Department of Transportation,
or the head of another federal agency; and
(iii) received any discharge or separation from the armed
forces other than a dishonorable discharge;
(B) who is eligible to pay the resident tuition rate at the state
educational institution the person will attend, as determined by
the institution; and
(C) who possesses the requisite academic qualifications.
(c) Beginning with the semester or term that begins in the fall of
2000, a person described in subsection (b) is entitled to enter, remain,
and receive instruction in a state educational institution upon the same
conditions, qualifications, and regulations prescribed for other
applicants for admission to or scholars in the state educational
institutions, without the payment of any tuition or mandatory fees for
one hundred twenty-four (124) semester credit hours in the state
educational institution. For purposes of this chapter, the commission
for higher education of the state of Indiana (IC 20-12-0.5-2) shall
define mandatory fees in consultation with the state student assistance
commission (IC 20-12-21-4).
(d) If an applicant:
(1) is permitted to matriculate in the state educational institution;
(2) shall qualify under this chapter; and
(3) shall have earned or been awarded a cash scholarship which
is paid or payable to such institution, from whatsoever source;
the amount paid shall be applied to the credit of such applicant in the
payment of incidental expenses of the applicant's attendance at the
institution, and any balance, if the terms of the scholarship permit, shall
be returned to such applicant.
(e) Determination of eligibility for higher education benefits
authorized under this section is vested exclusively in the Indiana
department of veterans' affairs. Any applicant for these benefits may
make a written request for a determination of eligibility by the Indiana
department of veterans' affairs. The director or deputy director of the
department shall make a written determination of eligibility in response
to each request. In determining the amount of an individual's benefit,
the state student assistance commission shall consider other higher
education financial assistance as provided in section 2 of this chapter.
(f) An appeal from an adverse determination shall be made in
writing to the veterans' affairs commission not more than fifteen (15)
working days following the applicant's receipt of the determination. A
final order shall be made by a simple majority of the veterans' affairs
commission not more than fifteen (15) days following receipt of the
written appeal.
(g) A person who knowingly or intentionally submits a false or
misleading application or other document under this section commits
a Class A misdemeanor.
SOURCE: IC 25-25-2-1; (03)IN1061.1.27. -->
SECTION 27.
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
or
IC 10-5-13-1
; or
(2) any other veteran to whom this chapter applies because of the
provisions of any other statute;
who holds an honorable discharge
or an honorable service certificate
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 without
the payment of any fee therefor. 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 certificate of honorable discharge
or
honorable service, the auditor shall issue to such ex-soldier or sailor
a license to vend, hawk, and peddle goods, wares, fruits, and
merchandise within the county, and in all cities and towns therein
situate, which license shall be free, and no fee shall be charged to the
holder of such license by such auditor, nor by the authorities of any city
or town in such county, nor by any other officer, but such 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.
SOURCE: IC 25-37-1-14; (03)IN1061.1.28. -->
SECTION 28.
IC 25-37-1-14
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 14. (a) This section
applies to a county having a consolidated city.
(b) As used in this section, "armed forces of the United States"
includes the United States Army, United States Navy, United States
Marine Corps, United States Air Force, United States Coast
Guard, and United States Merchant Marine.
(c) A veteran who holds an honorable discharge or an honorable
service certificate from the armed forces of the United States is
exempt from the payment of a fee for a transient merchant license
issued under this chapter by a municipality located wholly or partially
within the county.
(c) (d) Upon the presentation of the veteran's certificate and papers
of discharge and proof of the veteran's identity, the official designated
by the municipality shall issue a transient merchant license to the
veteran. A person licensed under this section shall comply with all
ordinances of the county or municipality governing transient
merchants.
SOURCE: ; (03)IN1061.1.29. -->
SECTION 29. [EFFECTIVE JULY 1, 2003]
IC 6-1.1-1-22.7
and
IC 6-1.1-12-0.3
, both as added by this act, and
IC 6-1.1-12-13
,
IC 6-1.1-12-14
, and
IC 6-1.1-12-15
, all as amended by this act,
apply to taxable years beginning after December 31, 2003.
SOURCE: ; (03)IN1061.1.30. -->
SECTION 30. [EFFECTIVE JULY 1, 2003]
IC 9-13-2-101
,
IC 9-13-2-132
,
IC 9-18-18-1
, and
IC 9-18-38-1
, as amended by this
act, apply to calendar years beginning after December 31, 2003.
SOURCE: ; (03)IN1061.1.31. -->
SECTION 31. [EFFECTIVE JULY 1, 2003]
IC 10-5-13-0.5
,
IC 10-5-25-3.5
,
IC 14-22-12-0.5
, and
IC 20-12-19-0.5
, all as added
by this act, and
IC 10-5-3-1
,
IC 10-5-25-10
,
IC 10-6-1-7
,
IC 14-22-12-1.5
,
IC 16-33-4-1
,
IC 16-33-4-4
,
IC 20-12-19-1
,
IC 25-25-2-1
, and
IC 25-37-1-14
, all as amended by this act, apply
to service performed before July 1, 2003, for the purposes of
determining eligibility for a benefit; however, benefits that accrue
may not be paid or provided for any period before July 1, 2003.