Bill Text: IN HB1387 | 2013 | Regular Session | Enrolled
Bill Title: Veterans' affairs.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-05-13 - Public Law 169 [HB1387 Detail]
Download: Indiana-2013-HB1387-Enrolled.html
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 2012 Regular Session of the General Assembly.
AN ACT to amend the Indiana Code concerning the military and veterans and to make
an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
(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.
(8) An Indiana Funeral Honors Ribbon shall be awarded to all
members of the Indiana Air National Guard, the Indiana
Army National Guard, retired members of the Indiana Air
National Guard and Indiana Army National Guard, and
members of veterans' organizations who have been trained
and certified by the United States Department of Defense as
Department of Defense Funeral Honors participants. The
Indiana Funeral Honors Ribbon shall be awarded to denote
honorable and distinguished service in the performance of
military funerals and similar activities within Indiana.
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.
SECTION 2. IC 10-17-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. The commission
may shall 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.
(4) Establish standards for certification of county and city
service officers.
(5) Establish and administer a written examination for
renewal of the certification of county and city service officers.
SECTION 3. IC 10-17-1-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) Within
thirty (30) days of their appointment, new county or city service
officers must attend a new service officer orientation presented by
the Indiana department of veterans' affairs and, according to the
standards established under section 4(4) of this chapter, become
certified to assist veterans and their dependents and survivors. The
curriculum for the new service officer orientation presented under
this subsection shall be determined by the director.
(b) Within one (1) year of appointment, new service officers
must attend a course presented by a national organization and
become accredited to represent veterans.
(c) An individual employed as a county or city service officer
under this chapter on July 1, 2013, is required to become
accredited not later than July 1, 2015, to represent veterans.
(d) Annually, a all county or city service officer officers 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. After a service officer has undergone this
sustainment training and successfully passed a written test, the
service officer shall be recertified by the director to assist veterans
for the following year.
SECTION 4. IC 10-17-12-0.7, AS ADDED BY P.L.50-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 0.7. (a) The purpose of the fund established
in section 8 of this chapter is to provide:
(1) short term financial assistance to families of qualified service
members for hardships that result from the qualified service
members' active duty service; and
(2) funding for:
(A) grants for reimbursement for training; and
(B) the purchase of computer equipment and software;
for county and city veterans' service officers.
(b) Funding for the purposes described in subsection (a)(2) must
be provided from the amount transferred to the fund under section
13 of this chapter.
SECTION 5. IC 10-17-12-8, AS AMENDED BY P.L.54-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) The military family relief fund is
established to provide assistance with food, housing, utilities, medical
services, basic transportation, child care, education, employment or
workforce, and other essential family support expenses that have
become difficult to afford for qualified service members or dependents
of qualified service members. The fund may also be used to provide
for grants for reimbursement for training and for computer
equipment and software for county and city veterans' service
officers.
(b) Except as provided in section 9 of this chapter, the commission
shall expend the money in the fund exclusively to provide grants for
assistance as described in subsection (a). The director shall each year
provide a report to the budget committee concerning the grant program
under this chapter.
(c) A qualified service member or the qualified service member's
dependent may be eligible to receive assistance from the fund for up to
three (3) years after the earlier of the following:
(1) The date the qualified service member's active duty service
ends.
(2) The date, as established by presidential proclamation or by
law, of the cessation of the national conflict or war with respect
to which the qualified service member is eligible to receive
assistance under section 7.5(3)(B) of this chapter.
(d) The commission shall administer the fund.
SECTION 6. IC 10-17-12-13 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 13. (a) The commission shall
transfer one hundred eighty thousand dollars ($180,000) from the
veterans' affairs trust fund established by IC 10-17-13-3 to the
fund.
(b) There is appropriated to the commission one hundred eighty
thousand dollars ($180,000) from the fund for:
(1) grants for training county and city veterans' service
officers under IC 10-17-1-10; and
(2) the purchase of computer equipment and software to be
used by the city and county veterans' service officers.
(c) A county or city veterans' service officer may receive a grant
for reimbursement for training expenses associated with service
officer training, including travel and incidental expenses of eligible
county and city veterans' service officers seeking initial or renewal
service officer accreditation. A county or city veterans' service
officer may receive a grant under this subsection in an amount not
to exceed five hundred dollars ($500) for reimbursement. The
commission shall set standards for the reimbursement grants. A
county or city veterans' service officer may apply to the
commission for a reimbursement grant, and the commission may
make a grant based on the commission's review of an application.
(d) A county or city that employs a veterans' service officer may
receive a grant, in an amount not to exceed one thousand two
hundred dollars ($1,200), for reimbursement for computer
equipment and software to enable the veterans' service officer to
access national data bases for benefits for veterans. The
commission shall set standards for the review of grants for the
purchase of computer equipment and software under this
subsection. A county or city may apply to the commission for a
grant for reimbursement for the purchase of computer equipment
and software, and the commission may make a grant based on the
commission's review of an application.
SECTION 7. An emergency is declared for this act.
HEA 1387
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