2015 Indiana Code TITLE 10. PUBLIC SAFETY ARTICLE 17. VETERANS' AFFAIRS CHAPTER 1. INDIANA VETERANS' AFFAIRS
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IC 10-17
ARTICLE 17. VETERANS' AFFAIRS
IC 10-17-1
Chapter 1. Indiana Veterans' Affairs
IC 10-17-1-0.1
Application of certain amendments to chapter
Sec. 0.1. The amendments made to sections 5 and 9 of this chapter
and the addition of section 11 of this chapter by P.L.144-2007 apply
to employees who begin employment with the Indiana department of
veterans' affairs or a county or a city under section 9 of this chapter
as amended by P.L.144-2007, as applicable, after June 30, 2007.
As added by P.L.220-2011, SEC.238.
IC 10-17-1-1
Purpose of chapter
Sec. 1. The purpose of this chapter is to create a department with
full authority to aid and assist veterans of the armed forces of the
United States entitled to benefits or advantages provided on or after
March 3, 1945, by the United States, the state, or another state or
government.
As added by P.L.2-2003, SEC.8.
IC 10-17-1-1.5
"Commission"
Sec. 1.5. As used in this chapter, "commission" refers to the
Indiana veterans' affairs commission established by IC 10-17-13-4.
As added by P.L.113-2010, SEC.72.
IC 10-17-1-2
Establishment of department
Sec. 2. (a) The Indiana department of veterans' affairs is
established. The:
(1) department;
(2) commission;
(3) director of veterans' affairs;
(4) county and city officers; and
(5) assistants and employees of persons described in
subdivisions (1) through (4);
acting under the supervision of and under the rules of the department
may act at the request of any veteran of the armed forces or a
veteran's spouse, surviving spouse, or dependent as necessary or
reasonably incident to obtaining or attempting to obtain for the
person making the request any advantage, benefit, or compensation
accruing, due, or believed to be accruing or due to the person under
any law of the United States, Indiana, or any other state or
government by reason of the service of the veteran in the armed
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forces of the United States.
(b) The:
(1) commission shall supervise and control the department; and
(2) director of veterans' affairs shall administer the department
under the commission's supervision and control;
as provided in this article.
(c) The domicile of the department is in Indianapolis. Suitable
offices and quarters shall be provided in Indianapolis.
As added by P.L.2-2003, SEC.8. Amended by P.L.113-2010, SEC.73.
IC 10-17-1-3
Repealed
(As added by P.L.2-2003, SEC.8. Repealed by P.L.113-2010,
SEC.170.)
IC 10-17-1-4
Powers of commission
Sec. 4. The commission 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.
As added by P.L.2-2003, SEC.8. Amended by P.L.169-2013, SEC.2.
IC 10-17-1-5
Director of commission
Sec. 5. (a) The position of director of veterans' affairs is
established. The governor shall appoint the director for a four (4) year
term. However, the term of office of the director terminates when the
term of office of the governor terminates or when a successor to the
director is appointed and qualified. The director must be:
(1) an honorably discharged veteran who has at least six (6)
months active service in the armed forces of the United States;
and
(2) a citizen of Indiana and a resident of Indiana for at least five
(5) years immediately preceding the director's appointment.
(b) The director is entitled to reimbursement for necessary
traveling and other expenses.
(c) The governor may remove the director if the governor
considers the director guilty of misconduct, incapability, or neglect
of duty.
(d) The governor shall appoint an assistant director of veterans'
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affairs. The assistant director is entitled to receive reimbursement for
necessary traveling and other expenses. The assistant director has the
same qualifications as the director of veterans' affairs and shall assist
the director in carrying out this chapter.
As added by P.L.2-2003, SEC.8. Amended by P.L.144-2007, SEC.6.
IC 10-17-1-6
Duties of director
Sec. 6. (a) The director of veterans' affairs:
(1) is the executive and administrative head of the Indiana
department of veterans' affairs; and
(2) shall direct and supervise the administrative and technical
activities of the department;
subject to the general supervision of the commission.
(b) The duties of the director include the following:
(1) To attend all meetings of the commission and to act as
secretary and keep minutes of the commission's proceedings.
(2) To appoint the employees of the department necessary to
carry out this chapter and to fix the compensation of the
employees. Employees of the department must qualify for the
job concerned.
(3) To carry out the program for veterans' affairs as directed by
the governor and the commission.
(4) To carry on field direction, inspection, and coordination of
county and city service officers as provided in this chapter.
(5) To prepare and conduct service officer training schools with
the voluntary aid and assistance of the service staffs of the major
veterans' organizations.
(6) To maintain an information bulletin service to county and
city service officers for the necessary dissemination of material
pertaining to all phases of veterans' rehabilitation and service
work, including information necessary to inform veterans of the
provisions of IC 22-9-10.
(7) To perform the duties described in IC 10-17-11 for the
Indiana state veterans' cemetery.
(8) To perform the duties described in IC 10-17-12 for the
military family relief fund.
(9) To establish a program and set guidelines under which a
medal of honor awardee may receive compensation when
attending and participating in official ceremonies.
As added by P.L.2-2003, SEC.8. Amended by P.L.58-2006, SEC.7;
P.L.144-2007, SEC.7; P.L.100-2012, SEC.25; P.L.136-2014, SEC.1.
IC 10-17-1-7
Powers of attorney
Sec. 7. (a) A power of attorney authorizing action on behalf of a
veteran in obtaining a benefit or an advantage for a veteran provided
under Indiana law must run to an authorized agency or individual
recognized by the United States Department of Veterans Affairs.
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(b) A rule contrary to this section is void.
As added by P.L.2-2003, SEC.8. Amended by P.L.144-2007, SEC.8.
IC 10-17-1-8
Commission contracts with the United States
Sec. 8. The commission may adopt rules necessary to:
(1) obtain benefits under present and future enactments of the
Congress of the United States concerning veterans' affairs; and
(2) enter into on behalf of the state contracts or agreements with
the government of the United States to receive benefits under
present and future federal enactments concerning veterans' aid
and benefits.
A contract or agreement entered into under subdivision (2) must first
be approved by the governor and attorney general.
As added by P.L.2-2003, SEC.8.
IC 10-17-1-9
County service officer, city service officer, and assistants
Sec. 9. (a) A county executive:
(1) shall designate and may:
(A) appoint a county service officer for a four (4) year term;
or
(B) employ a county service officer; and
(2) may employ service officer assistants;
to serve the veterans of the county.
(b) The fiscal body of a city may provide for the employment by
the mayor of a city service officer and service officer assistants to
serve the veterans of the city.
(c) If the remuneration and expenses of a county or city service
officer are paid from the funds of the county or city employing the
service officer, the service officer shall:
(1) have the same qualifications and be subject to the same rules
as the director, assistant director, and state service officers of the
Indiana department of veterans' affairs; and
(2) serve under the supervision of the director of veterans'
affairs.
A service officer assistant must have the same qualifications as an
employee described in section 11(b) of this chapter. A rule contrary
to this subsection is void.
(d) County and city fiscal bodies may appropriate funds necessary
for the purposes described in this section.
As added by P.L.2-2003, SEC.8. Amended by P.L.144-2007, SEC.9;
P.L.105-2014, SEC.1.
IC 10-17-1-10
Training courses; service officers
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
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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, all county or city service officers shall 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.
As added by P.L.2-2003, SEC.8. Amended by P.L.169-2013, SEC.3.
IC 10-17-1-11
Employment requirements
Sec. 11. (a) The following employees of the Indiana department
of veterans' affairs must satisfy the requirements set forth in section
5(a) of this chapter:
(1) State service officers.
(2) Director of the state approving agency.
(3) Program directors of the state approving agency.
(4) Director of the Indiana state veterans' cemetery established
by IC 10-17-11-4.
(b) An employee of the Indiana department of veterans' affairs not
described in subsection (a) must:
(1) satisfy; or
(2) be the spouse, surviving spouse, parent, or child of a person
who satisfies;
the requirements set forth in section 5(a) of this chapter.
As added by P.L.144-2007, SEC.10.
Indiana Code 2015
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