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HOUSE BILL No. 1252

Citations Affected: IC 10-17-9-7; IC 14-8-2-67.

Synopsis: Indiana veterans' home. Makes changes to the eligibility criteria for admittance to the Indiana veterans' home. Transfers administration of the Indiana veterans' home buildings and grounds from the department of natural resources to the Indiana department of veterans' affairs.

Effective: July 1, 2010.

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Truitt, Soliday

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    January 13, 2010, read first time and referred to Committee on Interstate and International Cooperation.

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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 2009 Regular and Special Sessions of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning public safety.

SOURCE: IC 10-17-9-7; (10)IN1252.1.1. -->     SECTION 1. IC 10-17-9-7, AS AMENDED BY P.L.21-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7. (a) The following persons who are legal residents of Indiana for at least three (3) years immediately preceding application for admission and who have a disability or are destitute are eligible for admission to the home:
        (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).
     (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) the member of the armed forces referred to in subsection (a)(1) was a resident of Indiana when the member enlisted in the armed forces.
    (b) (c) The Indiana department of veterans' affairs shall adopt rules concerning admission to the home.
    (c) (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.
    (d) (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 Indiana Veterans' home.
    (e) (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.

SOURCE: IC 14-8-2-67; (10)IN1252.1.2. -->     SECTION 2. IC 14-8-2-67, AS AMENDED BY P.L.120-2008, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 67. (a) "Department", except for purposes of IC 14-20-7 and IC 14-32, refers to the department of natural resources.
     (b) "Department", for purposes of IC 14-20-7, refers to the

Indiana department of veterans' affairs established by IC 10-17-1-2.
    (b) (c) "Department", for purposes of IC 14-32, refers to the Indiana state department of agriculture established by IC 15-11-2-1.

SOURCE: ; (10)IN1252.1.3. -->     SECTION 3. [EFFECTIVE JULY 1, 2010] (a) As used in this SECTION, "buildings and grounds" has the meaning set forth in IC 14-20-7-1.
    (b) On July 1, 2010, all powers, duties, rights, obligations, liabilities, funds, and revenues for the buildings and grounds are transferred from the department of natural resources to the Indiana department of veterans' affairs established by IC 10-17-1-2.
    (c) Any memorandum of understanding between the department of natural resources and the Indiana department of veterans' affairs concerning the administration of the buildings and grounds by the Indiana department of veterans' affairs expires July 1, 2010.
    (d) This SECTION expires July 2, 2010.