Bill Text: IN HB1111 | 2010 | Regular Session | Amended
Bill Title: Veteran matters.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed - Dead) 2010-02-15 - Senator Lanane added as third sponsor [HB1111 Detail]
Download: Indiana-2010-HB1111-Amended.html
Citations Affected: IC 4-13.6; IC 5-16; IC 5-22; IC 8-23; IC 9-13;
IC 9-17; IC 10-17.
Synopsis: Veteran matters. Provides a 3% price preference for
businesses owned by veterans for purposes of state public works
contracts, state purchasing of goods and services, and state highway
contracts. Makes changes to the definition of "armed forces" to include
the service of certain merchant marines for matters relating to the
bureau of motor vehicles. Authorizes the Indiana department of
veterans' affairs to aid and assist certain merchant marines entitled to
benefits by the United States, the state, or another state or government.
Authorizes the Indiana veterans' home to admit as members: (1) certain
individuals who served in the merchant marine; or (2) the spouse or
surviving spouse of certain individuals who served in the merchant
marine.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Veterans Affairs and Public
Safety.
January 12, 2010, reported _ Do Pass.
January 14, 2010, read second time, amended, ordered engrossed.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
(b) As used in this section, "United States armed forces" means the following:
(1) The Army.
(2) The Navy.
(3) The Air Force.
(4) The Marine Corps.
(5) The Coast Guard.
(c) As used in this section, "veteran" means an individual:
(1) who:
(A) has served in:
(i) any of the United States armed forces or their reserves;
(ii) the Indiana Army National Guard; or
(iii) the Indiana Air National Guard; and
(B) received an honorable discharge from service; or
(2) who is serving in:
(A) any of the United States armed forces or their reserves;
(B) the Indiana Army National Guard; or
(C) the Indiana Air National Guard.
(d) There is a price preference of three percent (3%) for a contract entered into under this chapter with a business owned by a veteran.
(e) The division shall compute a preference under this section in the same manner in which a preference is computed under IC 5-22-15.
(f) The department may adopt rules to carry out this section.
(b) Notwithstanding subsection (a), whenever the cost of any public work is estimated to be less than twenty-five thousand dollars ($25,000), the officer or agent acting on behalf of the state or commission having authority to employ workmen and own, rent, or lease equipment may purchase materials in the manner provided by law and perform the work by means of its own workmen and owned or leased equipment without awarding a construction contract for the work.
1, 2010]: Sec. 7.5. (a) As used in this section, "business owned by a
veteran" means a business owned and controlled by a veteran.
(b) As used in this section, "United States armed forces" means
the following:
(1) The Army.
(2) The Navy.
(3) The Air Force.
(4) The Marine Corps.
(5) The Coast Guard.
(c) As used in this section, "veteran" means an individual:
(1) who:
(A) has served in:
(i) any of the United States armed forces or their
reserves;
(ii) the Indiana Army National Guard; or
(iii) the Indiana Air National Guard; and
(B) received an honorable discharge from service; or
(2) who is serving in:
(A) any of the United States armed forces or their reserves;
(B) the Indiana Army National Guard; or
(C) the Indiana Air National Guard.
(d) A board, commission, trustee, officer, or agent referred to in
section 1.2(a) of this chapter shall grant a three percent (3%)
preference to a business owned by a veteran. The board,
commission, trustee, officer, or agent shall compute a preference
under this section in the same manner in which a preference is
computed under IC 5-22-15.
(1) An Indiana business preference under rules adopted under section 20 of this chapter or IC 4-13.6-6-2.5.
(2) A preference for supplies as provided by sections 16, 18, 19, and 24 of this chapter.
(3) An Indiana small business preference as provided by section 23 of this chapter.
(4) A veterans' preference as provided by section 26 of this chapter.
(b) An offeror may not claim more than one (1) preference as provided by sections 16, 18, 19, and 24 of this chapter for a given supply item.
(c) This section does not:
(1) apply to; or
(2) limit;
action of the Indiana department of administration under rules adopted under section 21 of this chapter.
(b) As used in this section, "United States armed forces" means the following:
(1) The Army.
(2) The Navy.
(3) The Air Force.
(4) The Marine Corps.
(5) The Coast Guard.
(c) As used in this section, "veteran" means an individual:
(1) who:
(A) has served in:
(i) any of the United States armed forces or their reserves;
(ii) the Indiana Army National Guard; or
(iii) the Indiana Air National Guard; and
(B) received an honorable discharge from service; or
(2) who is serving in:
(A) any of the United States armed forces or their reserves;
(B) the Indiana Army National Guard; or
(C) the Indiana Air National Guard.
(d) There is a price preference of three percent (3%) for a business owned by a veteran that submits an offer for a purchase under this chapter. The purchasing agent shall compute a preference under this section in the same manner in which other price preferences are computed under this chapter.
(1) The Army.
(2) The Navy.
(3) The Air Force.
(4) The Marine Corps.
(5) The Coast Guard.
(1) who:
(A) has served in:
(i) any of the United States armed forces or their reserves;
(ii) the Indiana Army National Guard; or
(iii) the Indiana Air National Guard; and
(B) received an honorable discharge from service; or
(2) who is serving in:
(A) any of the United States armed forces or their reserves;
(B) the Indiana Army National Guard; or
(C) the Indiana Air National Guard.
an individual:
(1) who served as a crew member of a merchant vessel in
active oceangoing service from December 7, 1941, to
December 31, 1946, and who has received a discharge
certificate (DD214) or a successor form adopted by the United
States Department of Defense; or
(2) who served as a crew member of a merchant vessel and
who is certified as having performed active military service by
the:
(A) United States Congress;
(B) President of the United States; or
(C) United States Secretary of Defense,
and receives a discharge certificate (DD214) or a successor
form adopted by the United States Department of Defense.
(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).
(5) An honorably discharged member of the merchant marine (as defined in IC 9-17-2-102.2).
(6) The spouse or surviving spouse of a member of the merchant marine described in subdivision (5).
(b) The department of veterans' affairs shall adopt rules concerning
admission to the home.
(c) In adopting rules governing the admission, maintenance, and
discharge of members of the home, the department of veterans' affairs
may establish a fund called the veterans' home comfort and welfare
fund. The director shall deposit all money collected from the members
for the cost of their care and maintenance in the fund. The director
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.
