reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 5. Repealed

[Pre-2003 Recodification Citations:
10-17-5-1formerly 10-5-13-110-17-5-2formerly 10-5-12-110-17-5-3formerly 10-5-11-1.]
Repealed by P.L.42-2020, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 6. Contracts of Minor Veterans Under Servicemen's Readjustment Act of 1944 › 10-17-6-1. Authorization to Execute Contracts

Sec. 1. (a) A person who is:
(1) less than twenty-one (21) years of age; and
(2) authorized to participate in the rights, privileges, and benefits conferred by the federal Servicemen's Readjustment Act of 1944, as amended, and other acts of Congress granting a right, privilege, or benefit to veterans;
and the minor spouse of a person described in subdivisions (1) and (2) may execute a contract that is necessary to the full realization of the rights, privileges, and benefits conferred under the federal law if the person is otherwise competent to enter into agreements and contracts.
(b) A contract entered into under subsection (a) by a person who is less than eighteen (18) years of age has the same force and effect as contractual obligations of a person who is at least eighteen (18) years of age.
[Pre-2003 Recodification Citation: 10-5-10-1.]
As added by P.L.2-2003, SEC.8.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 7. Dependent Benefits of Vietnam Prisoners › 10-17-7-1. "Dependent"

Sec. 1. As used in this chapter, "dependent" means a child:
(1) born before or during the period during which the child's father was a prisoner of war or person missing in action; or
(2) legally adopted or in the legal custody of the child's father before and during the period during which the father was a prisoner of war or person missing in action.
[Pre-2003 Recodification Citation: 10-5-16.5-2.]
As added by P.L.2-2003, SEC.8.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 7. Dependent Benefits of Vietnam Prisoners › 10-17-7-2. "Prisoner of War or Person Missing in Action"

Sec. 2. As used in this chapter, "prisoner of war or person missing in action" means a person who:
(1) was a resident of Indiana at the time the person entered service of the United States armed forces; and
(2) while serving in the United States armed forces, was declared a prisoner of war or a person missing in action as established by the United States Secretary of Defense after January 1, 1960.
[Pre-2003 Recodification Citation: 10-5-16.5-1.]
As added by P.L.2-2003, SEC.8.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 7. Dependent Benefits of Vietnam Prisoners › 10-17-7-3. Educational Benefits

Sec. 3. (a) A dependent of a prisoner of war or person missing in action, upon the person's acceptance for enrollment in a state educational institution, may obtain a bachelor's degree or certificate of completion without tuition or charge as long as the dependent is eligible.
(b) A dependent is entitled to the benefits of this chapter notwithstanding any circumstance, including the return or the reported death of the dependent's parent or guardian who had been declared a prisoner of war or a person missing in action.
[Pre-2003 Recodification Citation: 10-5-16.5-3.]
As added by P.L.2-2003, SEC.8. Amended by P.L.2-2007, SEC.149; P.L.42-2020, SEC.10.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 8. Repealed

[Pre-2003 Recodification Citations:
10-17-8-1formerly 10-5-24-1 part10-17-8-2formerly 10-5-24-1 part10-17-8-3formerly 10-5-24-1 part10-17-8-4formerly 10-5-24-1 part10-17-8-5formerly 10-5-24-210-17-8-6formerly 10-5-24-3.]
Repealed by P.L.42-2020, SEC.11.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 9. Indiana Veterans' Home › 10-17-9-0.8. "Superintendent"

Sec. 0.8. As used in this chapter, "superintendent" refers to the superintendent of the Indiana Veterans' Home appointed under section 3.5 of this chapter.
As added by P.L.21-2008, SEC.3.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 9. Indiana Veterans' Home › 10-17-9-1. Conduct and Maintenance

Sec. 1. The conduct and maintenance of the Indiana Veterans' Home, located near Lafayette in Tippecanoe County, Indiana, are governed by this chapter.
[Pre-2003 Recodification Citation: 10-6-1-1.]
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.4.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 9. Indiana Veterans' Home › 10-17-9-2. Gifts; Legacies; Devises; Conveyances

Sec. 2. The home may receive for the use of the institution and expend as the donor directs:
(1) gifts;
(2) legacies;
(3) devises; and
(4) conveyances;
of real and personal property that are made, given, or granted to or for the home or in its name.
[Pre-2003 Recodification Citation: 10-6-1-5.]
As added by P.L.2-2003, SEC.8.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 9. Indiana Veterans' Home › 10-17-9-3. Appropriations for Buildings

Sec. 3. The board of county commissioners in each county may appropriate money out of the general fund of the county to erect cottages or any other needed building on the grounds of the home.
[Pre-2003 Recodification Citation: 10-6-1-6.]
As added by P.L.2-2003, SEC.8.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 9. Indiana Veterans' Home › 10-17-9-3.5. Appointment of Superintendent

Sec. 3.5. (a) The director shall appoint the superintendent of the Indiana Veterans' Home. In appointing the superintendent, the director shall give preference to an honorably discharged veteran of the armed forces of the United States.
(b) The superintendent may be removed only by the director.
(c) The superintendent is administratively responsible to the director.
(d) The director shall determine the superintendent's salary, subject to the approval of the governor and the budget agency.
As added by P.L.21-2008, SEC.5.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 9. Indiana Veterans' Home › 10-17-9-4. Superintendent Responsibilities

Sec. 4. The superintendent of the Indiana Veterans' Home:
(1) has the immediate charge and management of the institution;
(2) directs and controls the resident employees; and
(3) superintends the medical and physical care, rehabilitation, and management of the members in the home.
[Pre-2003 Recodification Citation: 10-6-1-15.]
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.6.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 9. Indiana Veterans' Home › 10-17-9-5. Political Affiliation of Employees

Sec. 5. The superintendent may not appoint or employ a person in an office or a place in the Indiana Veterans' Home because of the political views or affiliation of the appointee or employee or for a reason other than capacity and fitness for the duties to be performed by the appointee or employee. However, among applicants for appointment found capable and fit, preference shall be given to an honorably discharged military veteran and the spouse, widow, widower, mother, and child of an honorably discharged military veteran.
[Pre-2003 Recodification Citation: 10-6-1-16.]
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.7.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 9. Indiana Veterans' Home › 10-17-9-7. Admissions; Rules; Funds; Death

Sec. 7. (a) As used in this section, "eligible person" refers to either of the following:
(1) An honorably discharged member of the armed forces.
(2) The spouse or surviving spouse of an honorably discharged member of the armed forces.
(b) An eligible person who has a disability or is destitute is eligible for admission to the home if:
(1) the eligible person has been a resident of Indiana for at least one (1) year immediately preceding application for admission to the home; or
(2) in the case of an eligible person referred to in subsection (a)(1), the eligible person was a resident of Indiana when the eligible person enlisted in the armed forces.
(c) The Indiana department of veterans' affairs shall adopt rules concerning admission to the home.
(d) In adopting rules governing the admission, maintenance, and discharge of members of the home, the Indiana 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.
(e) 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 home.
(f) 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.
[Pre-2003 Recodification Citation: 10-6-1-7.]
As added by P.L.2-2003, SEC.8. Amended by P.L.99-2007, SEC.37; P.L.21-2008, SEC.8; P.L.113-2010, SEC.74.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 9. Indiana Veterans' Home › 10-17-9-8. Cost of Maintaining Members

Sec. 8. (a) Each member, the estate of a deceased member, or the estate of a member under guardianship is liable for the costs of maintenance of the member in an amount up to one hundred percent (100%) of the daily per capita cost of personal services and all other operating expenses for the preceding fiscal year. The per capita charge may be adjusted to reflect the level of care provided.
(b) The level of care must be as consistent as possible with:
(1) the care category of the facility in which the member is placed;
(2) the rules of the Indiana department of health adopted under IC 16-28; and
(3) the applicable code of the federal government covering reimbursement from the United States Department of Veterans' Affairs or another department of the federal government.
(c) The liability created for the costs of maintenance of a member constitutes a lien upon the real property of the member if the lien is recorded as provided in this chapter. The lien has priority over all liens subsequently acquired.
[Pre-2003 Recodification Citation: 10-6-1-8.]
As added by P.L.2-2003, SEC.8. Amended by P.L.197-2011, SEC.37; P.L.85-2017, SEC.42; P.L.56-2023, SEC.72.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 9. Indiana Veterans' Home › 10-17-9-9. Billing and Collection of Maintenance Costs; Funds

Sec. 9. (a) The billing and collection of the maintenance cost of a member under section 8 of this chapter shall be made by the superintendent of the Indiana Veterans' Home based on the per capita cost for the preceding fiscal year.
(b) All money collected shall be deposited in the veterans' home comfort and welfare fund. The fund shall be used in part by the superintendent for the comfort and welfare of the members and in part to reimburse the state general fund in an amount specified by the general assembly.
(c) Excess money in the veterans' home comfort and welfare fund shall be placed in the veterans' home building fund.
(d) The fund shall be used for new construction, maintenance, remodeling, and repair of the buildings at the Indiana Veterans' Home.
[Pre-2003 Recodification Citation: 10-6-1-9.]
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.9.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 9. Indiana Veterans' Home › 10-17-9-10. Agreement to Accept Lesser Amount for Maintenance Cost; Petition for Release or Modification of Maintenance Charge

Sec. 10. (a) The superintendent of the Indiana Veterans' Home, with the approval of the director, may accept payment at a lesser rate than prescribed in section 8 of this chapter. The superintendent of the Indiana Veterans' Home, in determining whether or not to accept the lesser amount, shall consider the amount of money necessary to maintain or support a dependent of the member. An agreement to accept a lesser amount is subject to cancellation or modification at any time by the superintendent of the Indiana Veterans' Home with the approval of the director.
(b) A member who is issued a statement of a sum due as maintenance charges may petition the superintendent of the Indiana Veterans' Home for a release from or modification of the statement. The superintendent shall submit a written statement of the facts to the director for a final determination.
[Pre-2003 Recodification Citation: 10-6-1-10.]
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.10.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 9. Indiana Veterans' Home › 10-17-9-11. Standard Method of Determining Maintenance Charges; Adjustments

Sec. 11. (a) The superintendent of the Indiana Veterans' Home, with the approval of the director, may adopt a standard method of determining a lesser rate to be accepted in settlement of maintenance charges due from a member of the home. A member shall receive at least thirty dollars ($30) per month for personal needs before a maintenance charge is levied against current income.
(b) The monthly maintenance charge may not exceed one-twelfth (1/12) of the annual per capita cost of the preceding year.
(c) The superintendent may adjust the standard for determining the lesser rate to provide that in the case of married members with the spouses residing at the home this standard will allow at least forty dollars ($40) to be deducted from income by the member before the charge for maintenance is applied.
(d) The superintendent, in adopting the standard method of determining a lesser rate to be accepted in settlement of maintenance charges due from a member of the home, shall take into account as current income:
(1) a pension;
(2) compensation or income from any source; and
(3) benefits from:
(A) the federal Social Security Administration;
(B) the railroad retirement law; or
(C) a retirement annuity or insurance annuity.
(e) The agreement to accept a lesser rate from current income does not relieve the estate of the member of the charge for the full per capita cost for the period the member resided in the home. However, the claim for the full per capita cost will not be filed or allowed if there is a surviving spouse, dependent child less than eighteen (18) years of age, or dependent parent.
[Pre-2003 Recodification Citation: 10-6-1-11.]
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.11.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 9. Indiana Veterans' Home › 10-17-9-12. Lien for Unpaid Maintenance Charges

Sec.12. (a) If charges for the cost of maintenance of a member remain unpaid in whole or in part for a period of six (6) months, the superintendent of the Indiana Veterans' Home may file, in the office of the county recorder of the county in which the real property is located, a notice of lien designating:
(1) the name and place of residence of the member against whose property the lien is asserted;
(2) the date when the charges become delinquent for more than six (6) months; and
(3) a legal description of the real property subject to the lien.
One (1) copy of the notice of lien shall be retained by and filed in the office of the superintendent, and one (1) copy shall be furnished to the member or guardian.
(b) From the date on which notice of lien is recorded in the office of the county recorder, the recorded notice constitutes due notice of a lien against the member or the member's estate for any amounts then recoverable and any amounts that become recoverable under this chapter and gives a specific lien in favor of the Indiana Veterans' Home. The lien continues from the date of filing until the lien is satisfied or released.
[Pre-2003 Recodification Citation: 10-6-1-11.5.]
As added by P.L.2-2003, SEC.8.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 9. Indiana Veterans' Home › 10-17-9-13. Claim or Judgment for Maintenance Charges; Suit Against Legal Guardian; Foreclosure; Claim Against Estate

Sec. 13. (a) The attorney general, upon notification of the superintendent of the Indiana Veterans' Home, shall file a claim in the name of the state on behalf of the superintendent of the home against the estate of a person who fails to make payment as required in this chapter. If the claim is allowed or judgment is obtained, the claim or judgment constitutes a lien against that part of the estate of the person described in the claim.
(b) The attorney general may bring suit against the legal guardian of a patient for failure to comply with an established maintenance agreement or for failure to make an agreement. Suit may be brought for the amount due the state for the maintenance charges of the member. The court may order the payment of maintenance charges for a period as the circumstances require. An order may be entered against one (1) or more of the defendants. An order for the payment of money may be enforced by attachment, garnishment, or a proceeding supplemental against the defendants. Other judgments at law and costs may be adjudged against the defendants and apportioned among them.
(c) The attorney general may bring a proceeding to foreclose on a lien arising from maintenance charges under section 8 of this chapter during the lifetime of the member if the superintendent believes it is in the best interest of the veterans' home to foreclose on the lien.
(d) Upon:
(1) the death of a member whose property is encumbered by a lien arising under section 8 of this chapter; and
(2) notification by the superintendent;
the attorney general shall file a claim against the member's estate for recovery of all charges for maintenance that have accrued at the date of death. Notwithstanding any other law, a claim filed for recovery of charges for maintenance has priority in order of payment from the estate over all other claims except prior recorded encumbrances, taxes, reasonable costs of administration, and reasonable funeral expenses. However, if real property of the deceased member is occupied by a surviving spouse of the member, the home may not assert its lien or claim during the lifetime of the surviving spouse. However, if other claimants or persons have opened an estate and are attempting to enforce their claims, or if there have been fraudulent attempts to avoid the claim or lien, the veterans' home shall file and assert the claim for recovery of costs of treatment and maintenance.
[Pre-2003 Recodification Citation: 10-6-1-12.]
As added by P.L.2-2003, SEC.8.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 9. Indiana Veterans' Home › 10-17-9-14. Agreements With Federal Government

Sec. 14. The superintendent of the Indiana Veterans' Home may make agreements with instrumentalities of the federal government for application of monetary awards to be applied toward the maintenance charges to provide a sufficient amount of the periodic award to be deposited in the member's trust account to meet the immediate personal needs of a member. The amount applied toward the settlement of maintenance charges may not exceed the amount specified in section 8 of this chapter.
[Pre-2003 Recodification Citation: 10-6-1-13.]
As added by P.L.2-2003, SEC.8.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 9. Indiana Veterans' Home › 10-17-9-15. Transfer From Department of Veterans' Affairs

Sec. 15. (a) If space is available, the superintendent of the Indiana Veterans' Home, with the approval of the director, may accept a veteran who is:
(1) otherwise eligible for admission to the home;
(2) in need of nursing home care; and
(3) transferred at the request of the United States Department of Veterans' Affairs from one (1) of its facilities.
(b) The United States Department of Veterans' Affairs under United States Department of Veterans' Affair's regulations shall award the cost of care to the home. A rate of charge described in section 8 of this chapter may not be used to determine the cost of care under this section.
[Pre-2003 Recodification Citation: 10-6-1-14.]
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.12.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 9. Indiana Veterans' Home › 10-17-9-16. State Treasurer Investigation; Disposition of Federal Funds

Sec. 16. (a) The treasurer of state may require an investigation to determine the true number of members in the home at any time.
(b) Twenty percent (20%) of the money annually allowed by the government of the United States for a military veteran maintained in the home shall be deposited in the state general fund to the credit of the veterans' home building fund. Money deposited in the state general fund may be invested in securities of the United States government. The money in the building fund shall be used only for the maintenance, remodeling, or repair of buildings at the Indiana Veterans' Home. Money deposited in the building fund is appropriated and subject to allocation by the budget committee. The remaining eighty percent (80%) of the money annually allowed by the government of the United States for a military veteran maintained in the home shall be deposited in the state general fund as a reimbursement to the general fund for operating expenses of the home.
[Pre-2003 Recodification Citation: 10-6-1-20.]
As added by P.L.2-2003, SEC.8.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 9. Indiana Veterans' Home › 10-17-9-18. Bond Requirement

Sec. 18. (a) The superintendent shall furnish an individual public official bond in an amount determined by the director, payable to the state and conditioned upon the faithful performance of the superintendent's duties.
(b) A bond required under this section is subject to the approval of the insurance commissioner and shall be filed in the office of the secretary of state.
As added by P.L.21-2008, SEC.14.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 9. Indiana Veterans' Home › 10-17-9-19. Notice Regarding Requests for Names of Nursing Personnel or Direct Care Staff

Sec. 19. (a) The Indiana Veterans' Home shall post a notice that a resident, the legal representative of a resident, or another individual designated by a resident may request, from the individual in charge of each shift, information that designates the names of all nursing personnel or direct care staff on duty by job classification for the:
(1) wing of;
(2) unit of; and
(3) other area as routinely designated by;
the Indiana Veterans' Home.
(b) The notice required under subsection (a) must meet the following conditions:
(1) Be posted in a conspicuous place that is readily accessible to residents and the public.
(2) Be at least 24 point font size on a poster that is at least eleven (11) inches wide and seventeen (17) inches long.
(3) Contain the:
(A) business telephone number of the superintendent; and
(B) toll free telephone number for filing complaints with the department of veterans' affairs.
(4) State that if a resident, the legal representative of a resident, or another individual designated by a resident is unable to obtain the information described in subsection (a) from the individual in charge of each shift, the resident, the legal representative of the resident, or another individual designated by the resident may do any of the following:
(A) Contact the superintendent.
(B) File a complaint with the department of veterans' affairs using the department's toll free telephone number.
(c) The department of veterans' affairs may adopt rules under IC 4-22-2 to carry out this section.
As added by P.L.21-2008, SEC.15.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 9. Indiana Veterans' Home › 10-17-9-21. Qualification of Indiana Veterans' Home for Medicaid Reimbursements; Indiana Department of Health Plan; Medicaid Reimbursements May Be Used to Augment Appropriations

Sec. 21. The Indiana department of health established by IC 16-19-1-1 may develop a plan and seek federal approval to qualify the Indiana Veterans' Home for reimbursement of services and other expenses that could be eligible under Medicaid. A plan developed under this section must be structured to maximize federal Medicaid reimbursement for the Indiana Veterans' Home. Subject to approval of the budget agency, any revenue accruing to the Indiana Veterans' Home from the receipt of Medicaid reimbursement may be used to augment appropriations made to the office for use in funding long term care.
As added by P.L.220-2011, SEC.239. Amended by P.L.56-2023, SEC.73.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 10. Veterans' Burial Allowance › 10-17-10-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. The amendments made to IC 10-5-3-1 (before its repeal, now codified in this chapter) apply to claims for burial expenses filed after June 30, 2003.
As added by P.L.220-2011, SEC.240.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 10. Veterans' Burial Allowance › 10-17-10-1. Qualification for Allowance

Sec. 1. If:
(1) a person:
(A) has served 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 of the army, air force, or navy of the United States, is a resident of Indiana, and dies while a member of the armed forces and before discharge from the armed forces or after receiving an honorable discharge from the armed forces; or
(B) is the spouse or surviving spouse of a person described in clause (A) and is a resident of Indiana; and
(2) a claim is filed for a burial allowance:
(A) by an interested person with the board of commissioners of the county of the residence of the deceased person; and
(B) stating the fact:
(i) of the service, death, and discharge if discharged from service before death; and
(ii) that the body has been buried in a decent and respectable manner in a cemetery or burial ground;
the board of commissioners shall hear and determine the claim like other claims and, if the facts averred are found to be true, shall allow the claim in an amount set by ordinance. However, the amount of the allowance may not be more than one thousand dollars ($1,000).
[Pre-2003 Recodification Citation: 10-5-3-1(a).]
As added by P.L.2-2003, SEC.8. Amended by P.L.97-2004, SEC.43.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 10. Veterans' Burial Allowance › 10-17-10-2. Limit on Allowance

Sec. 2. (a) Not more than one (1) claim for a burial allowance may be allowed for a decedent who qualifies under this chapter.
(b) The total sum of the claim filed and for which allowances must be made shall be set by ordinance and may not exceed one thousand dollars ($1,000).
[Pre-2003 Recodification Citation: 10-5-3-1(b) part.]
As added by P.L.2-2003, SEC.8. Amended by P.L.97-2004, SEC.44.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 10. Veterans' Burial Allowance › 10-17-10-3. Prohibition of Reimbursement Claim

Sec. 3. Money expended by a county under this chapter shall be considered a gift. Persons for and on behalf of the state or a political subdivision of the state may not file a claim for a lump sum death benefit with the federal Social Security Administration claiming reimbursement for money so expended.
[Pre-2003 Recodification Citation: 10-5-3-1(b) part.]
As added by P.L.2-2003, SEC.8.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 10. Veterans' Burial Allowance › 10-17-10-4. Setting of Grave Marker

Sec. 4. Before a person enters into a contract to set a grave marker provided by the federal government for the grave of a person described in section 1(1) of this chapter 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 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.
[Pre-2003 Recodification Citation: 10-5-3-1(c).]
As added by P.L.2-2003, SEC.8. Amended by P.L.97-2004, SEC.45.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 11. Indiana State Veterans' Cemetery › 10-17-11-1. "Cemetery"

Sec. 1. As used in this chapter, "cemetery" refers to the Indiana state veterans' cemetery established by this chapter.
[Pre-2003 Recodification Citation: 10-5-25-1.]
As added by P.L.2-2003, SEC.8.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 11. Indiana State Veterans' Cemetery › 10-17-11-2. "Commission"

Sec. 2. As used in this chapter, "commission" refers to the Indiana veterans' affairs commission established by IC 10-17-13-4.
[Pre-2003 Recodification Citation: 10-5-25-2.]
As added by P.L.2-2003, SEC.8. Amended by P.L.113-2010, SEC.75.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 11. Indiana State Veterans' Cemetery › 10-17-11-3. "Department"

Sec. 3. As used in this chapter, "department" refers to the Indiana department of veterans' affairs established by IC 10-17-1-2.
[Pre-2003 Recodification Citation: 10-5-25-3.]
As added by P.L.2-2003, SEC.8.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 11. Indiana State Veterans' Cemetery › 10-17-11-4. Cemetery Established

Sec. 4. The Indiana state veterans' cemetery is established. The Indiana state veterans' cemetery includes one (1) or more physical locations described in section 5 of this chapter.
[Pre-2003 Recodification Citation: 10-5-25-4.]
As added by P.L.2-2003, SEC.8. Amended by P.L.61-2023, SEC.2.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 11. Indiana State Veterans' Cemetery › 10-17-11-5. Location

Sec. 5. The cemetery consists of real property located on the grounds of any of the following:
(1) Madison State Hospital in Jefferson County, Indiana.
(2) The Indiana Veterans' Home.
[Pre-2003 Recodification Citation: 10-5-25-5.]
As added by P.L.2-2003, SEC.8. Amended by P.L.61-2023, SEC.3.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 11. Indiana State Veterans' Cemetery › 10-17-11-6. Official Representative for Commission

Sec. 6. The director of veterans' affairs or the director's designee may act under this chapter as the official representative for the commission in accordance with IC 10-17-1-8.
[Pre-2003 Recodification Citation: 10-5-25-6.]
As added by P.L.2-2003, SEC.8.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 11. Indiana State Veterans' Cemetery › 10-17-11-7. Rules; Power to Contract

Sec. 7. The department may do the following:
(1) Adopt rules under IC 4-22-2 to carry out this chapter.
(2) Contract with persons or agencies to carry out the duties established under this chapter.
[Pre-2003 Recodification Citation: 10-5-25-7.]
As added by P.L.2-2003, SEC.8.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 11. Indiana State Veterans' Cemetery › 10-17-11-8. Department Duties

Sec. 8. The department shall do the following:
(1) Oversee the construction of the cemetery.
(2) Operate and maintain the cemetery.
[Pre-2003 Recodification Citation: 10-5-25-8.]
As added by P.L.2-2003, SEC.8.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 11. Indiana State Veterans' Cemetery › 10-17-11-9. Veterans' Cemetery Fund Established

Sec. 9. (a) The Indiana state veterans' cemetery fund is established as a dedicated fund for the purpose of providing money for planning, construction, operation, and maintenance of the cemetery. The fund shall be administered by the director of veterans' affairs.
(b) The expenses of administering the fund shall be paid from money in the fund. The fund consists of the following:
(1) Money appropriated by the general assembly for purposes of this chapter.
(2) Money donated to the department and designated for use under this chapter.
(3) Funds received from the federal government.
(4) Funds received in payment for services.
(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 funds may be invested. Interest that accrues from investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund. However, if the fund is abolished by the budget agency, all money in the fund reverts to the state general fund.
(e) All earnings accruing to the state veterans' cemetery fund is appropriated continuously for the purposes specified in this section.
(f) Except as provided in subsection (e), money in the fund must be retained in the fund unless the money is appropriated for a specific purpose by the general assembly upon the recommendation of the budget committee.
[Pre-2003 Recodification Citation: 10-5-25-9.]
As added by P.L.2-2003, SEC.8.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 11. Indiana State Veterans' Cemetery › 10-17-11-10. Eligibility for Burial

Sec. 10. (a) A veteran who is eligible to be buried in a national cemetery according to 38 U.S.C. 2402 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 is eligible to be buried in the Indiana state veterans' cemetery established under this chapter.
(c) An individual who is a member of:
(1) a reserve component of the armed forces of the United States:
(A) who was discharged or released from service under conditions other than dishonorable; or
(B) whose death occurs under conditions other than dishonorable while a member of a reserve component of the armed forces of the United States;
(2) the Indiana Army National Guard or the Indiana Air National Guard:
(A) who was discharged or released from service under conditions other than dishonorable; or
(B) whose death occurs under conditions other than dishonorable while a member of the Indiana Army National Guard or the Indiana Air National Guard; or
(3) the Reserve Officers' Training Corps of the United States Army, Navy, or Air Force whose death occurs under conditions other than dishonorable while a member of the Reserve Officers' Training Corps of the United States Army, Navy, or Air Force;
is eligible to be buried in the Indiana state veterans' cemetery established by this chapter.
(d) The following relatives of an individual described in subsection (c) are eligible to be buried in the Indiana state veterans' cemetery established by this chapter:
(1) A spouse.
(2) A minor child.
(3) An unmarried adult child.
[Pre-2003 Recodification Citation: 10-5-25-10.]
As added by P.L.2-2003, SEC.8. Amended by P.L.61-2023, SEC.4.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 12. Military Family Relief Fund › 10-17-12-0.7. Purpose of Fund

Sec. 0.7. The purpose of the fund established in section 8 of this chapter is to provide short term financial assistance to families of qualified service members.
As added by P.L.50-2009, SEC.1. Amended by P.L.169-2013, SEC.4; P.L.99-2016, SEC.6; P.L.53-2021, SEC.1; P.L.61-2023, SEC.5.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 12. Military Family Relief Fund › 10-17-12-2. "Armed Forces"

Sec. 2. As used in this chapter, "armed forces" includes the active or 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.
As added by P.L.58-2006, SEC.8. Amended by P.L.50-2009, SEC.3.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 12. Military Family Relief Fund › 10-17-12-5.5. "Dependent"

Sec. 5.5. As used in this chapter, "dependent" has the meaning set forth in 37 U.S.C. 401, as in effect on January 1, 2009.
As added by P.L.50-2009, SEC.4.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 12. Military Family Relief Fund › 10-17-12-7.5. "Qualified Service Member"

Sec. 7.5. (a) As used in this chapter, "qualified service member" means, before the commission's issuance of the disallowable separation codes list for each branch of the armed forces described in section 10.5 of this chapter, an individual who is an Indiana resident and who:
(1) is:
(A) a member of the armed forces of the United States or the national guard (as defined in IC 5-9-4-4); and
(B) serving on or has served on active duty during a time of national conflict or war; or
(2) has:
(A) served on active duty during a time of national conflict or war in:
(i) the armed forces of the United States; or
(ii) the national guard (as defined in IC 5-9-4-4); and
(B) been discharged from the armed forces of the United States or the national guard under honorable conditions.
(b) As used in this chapter, "qualified service member" means, after the commission's issuance of the disallowable separation codes list for each branch of the armed forces described in section 10.5 of this chapter, an individual who is an Indiana resident and who:
(1) is serving on active duty in:
(A) the armed forces of the United States; or
(B) the national guard (as defined in IC 5-9-4-4); or
(2) has served in or been discharged from the armed forces of the United States or the national guard under conditions other than the following:
(A) Discharge by court martial.
(B) Acceptance of a discharge to avoid a court martial.
(C) Discharge for having committed any of the following:
(i) An offense against the security of the United States, including spying, mutiny, or treason.
(ii) An act of willful or persistent misconduct, including desertion.
(iii) A sexual or violent offense against another person, including molestation, rape, or assault.
(iv) An act described on the list of disallowable separation codes adopted under section 10.5 of this chapter.
As added by P.L.50-2009, SEC.5. Amended by P.L.99-2016, SEC.8; P.L.42-2020, SEC.12; P.L.53-2021, SEC.3.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 12. Military Family Relief Fund › 10-17-12-8. Establishment of the Fund; Eligibility

Sec. 8. (a) The military family relief fund is established to provide short term 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.
(b) Except as provided in section 9 of this chapter, the department shall expend the money in the fund exclusively to provide grants for assistance as described in subsection (a).
(c) The department shall give priority to applications for grants for assistance from the fund to qualified service members or dependents of qualified service members who have never received a grant under this chapter.
(d) Subject to the approval of the budget agency, the commission shall establish the maximum total dollar amount of grants that may be expended in a state fiscal year. Once the maximum total dollar amount of grants that may be expended in a state fiscal year is reached, no additional grants may be authorized until the start of the following state fiscal year.
(e) The director shall each year provide a report to the budget committee concerning the grant program under this chapter.
(f) A qualified service member or the qualified service member's dependent may be eligible to receive assistance from the fund.
(g) The commission shall administer the fund.
As added by P.L.58-2006, SEC.8. Amended by P.L.144-2007, SEC.12; P.L.151-2007, SEC.2; P.L.3-2008, SEC.86; P.L.50-2009, SEC.6; P.L.113-2010, SEC.77; P.L.54-2012, SEC.1; P.L.169-2013, SEC.5; P.L.7-2014, SEC.1; P.L.99-2016, SEC.9; P.L.42-2020, SEC.13.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 12. Military Family Relief Fund › 10-17-12-9. Funding Sources; Investment; Nonreversion

Sec. 9. (a) The fund consists of the following:
(1) Appropriations made by the general assembly.
(2) Donations to the fund.
(3) Interest.
(4) Money transferred to the fund from other funds.
(5) Annual supplemental fees collected under IC 9.
(6) Money from any other source authorized or appropriated for the fund.
(b) The commission shall transfer the money in the fund not currently needed to provide assistance or meet the obligations of the fund to the veterans' affairs trust fund established by IC 10-17-13-3.
(c) 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.
(d) There is annually appropriated to the commission for the purposes of this chapter all money in the fund not otherwise appropriated to the commission for the purposes of this chapter.
(e) The department may use not more than an amount equal to:
(1) the average annual amount of license plate revenue deposited into the fund as determined using the three (3) previous state fiscal years; multiplied by
(2) ten percent (10%);
to cover direct costs associated with the marketing and promotion of the fund in a particular state fiscal year. The department may not use any of this amount for administrative costs, including payroll or any other overhead expenses.
As added by P.L.58-2006, SEC.8. Amended by P.L.144-2007, SEC.13; P.L.50-2009, SEC.7; P.L.113-2010, SEC.78; P.L.198-2016, SEC.635; P.L.53-2021, SEC.4.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 12. Military Family Relief Fund › 10-17-12-10. Authority to Adopt Rules; Grant Eligibility Requirements; Grant Requirements

Sec. 10. (a) The commission shall adopt rules under IC 4-22-2 for the provision of grants under this chapter. Subject to subsection (b), the rules adopted under this section must address the following:
(1) Uniform need determination procedures.
(2) Eligibility criteria, including income eligibility standards, asset limit eligibility standards, and other standards concerning when assistance may be provided.
(3) Application procedures.
(4) Selection procedures.
(5) A consideration of the extent to which an individual has used assistance available from other assistance programs before assistance may be provided to the individual from the fund.
(6) Other areas in which the commission determines that rules are necessary to ensure the uniform administration of the grant program under this chapter.
(b) The following apply to grants awarded under this chapter:
(1) The income eligibility standards must be based on the federal gross income of the qualified service member and the qualified service member's spouse.
(2) An employee of the department who is otherwise eligible for a grant from the fund must submit the employee's application directly to the commission for review. The department shall have no influence in any part of the employee's application.
(3) The maximum amount a qualified service member may receive from the fund is two thousand five hundred dollars ($2,500), unless a higher amount is approved by the commission.
(4) The commission may consider the following in its analysis of the applicant's request for assistance in excess of two thousand five hundred dollars ($2,500):
(A) The department's eligibility determination of the applicant.
(B) Facts considered in the department's need determination review and award under 915 IAC 3-6-3 and 915 IAC 3-6-5.
(C) The circumstances surrounding the applicant's hardship, if applicable.
(D) Any substantive changes in the applicant's financial situation after the original application was submitted.
(E) Facts that may have been unknown or unavailable at the time of the applicant's original application for assistance.
(F) Other compelling circumstances that may justify assistance in excess of the two thousand five hundred dollar ($2,500) threshold.
(5) The commission shall approve or deny within sixty (60) days an application for a grant filed with the commission after June 30, 2019, by an employee of the department. The commission shall return an incomplete application with a notation as to omissions. The return of an incomplete application shall be without prejudice.
As added by P.L.58-2006, SEC.8. Amended by P.L.144-2007, SEC.14; P.L.113-2010, SEC.79; P.L.99-2016, SEC.10; P.L.132-2019, SEC.2; P.L.42-2020, SEC.14; P.L.156-2020, SEC.49; P.L.53-2021, SEC.5.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 12. Military Family Relief Fund › 10-17-12-10.5. Disallowable Separation Codes

Sec. 10.5. Not later than December 31, 2021, the commission shall develop, adopt, and issue a policy listing the disallowable separation codes of each branch of the armed forces. The commission shall review the policy for amendment and adopt any necessary amendments before July 1 of each year.
As added by P.L.53-2021, SEC.6.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 12. Military Family Relief Fund › 10-17-12-11. Authority to Request Appropriations

Sec. 11. The director or a member of the commission may make a request to the general assembly for an appropriation to the fund.
As added by P.L.58-2006, SEC.8. Amended by P.L.144-2007, SEC.15; P.L.113-2010, SEC.80.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 12. Military Family Relief Fund › 10-17-12-14. Grant Application; Timeline for Approval or Denial of Application

Sec. 14. Except as provided in section 15 of this chapter, the department shall approve or deny an application for a grant filed with the department after June 30, 2019, within sixty (60) days.
As added by P.L.132-2019, SEC.3.
2023 Indiana Code › Title 10. Public Safety › Article 17. Veterans' Affairs › Chapter 12. Military Family Relief Fund › 10-17-12-15. Incomplete Grant Applications

Sec. 15. The department may deny an incomplete application if all required documentation is not received within thirty (30) days after the date the applicant filed the application. If the thirty (30) day deadline falls on a Saturday, Sunday, or legal holiday under a state statute, the deadline for receiving the documentation shall be the next business day. The department shall return an incomplete application with a notation as to omissions. The return of an incomplete application shall be without prejudice.
As added by P.L.132-2019, SEC.4. Amended by P.L.53-2021, SEC.7.