Bill Text: IN SB0248 | 2011 | Regular Session | Amended
Bill Title: Indiana National Guard.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0248 Detail]
Download: Indiana-2011-SB0248-Amended.html
Citations Affected: IC 10-16.
Synopsis: Indiana National Guard. Makes changes to the powers of
the state armory board to accept and convey real and personal property
and to expend funds. Provides for certain changes to the structure of
the state armory board, and expands the definition of "commanding
officer". Provides that for purposes of the federal controlled substance
statutes, the Indiana National Guard is considered a law enforcement
agency and is eligible to receive forfeited property from federal law
enforcement agencies. Establishes a First Sergeant Ribbon as an award
for the Indiana Air National Guard.
Effective: July 1, 2011.
January 6, 2011, read first time and referred to Committee on Rules and Legislative
Procedure.
January 18, 2011, amended; reassigned to Committee on Homeland Security,
Transportation, and Veterans Affairs.
February 8, 2011, reported favorably _ Do Pass.
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
public safety.
(b) The board consists of the following members:
(1) The following ex officio members:
(A) The governor.
(B) The adjutant general.
(2) Five (5) members appointed by the governor. At least three (3) of the members must be or must have been officers of the military or naval forces of the United States or of the state of Indiana.
(1) The military department of the Indiana ceremonial unit.
(2) The Indiana guard reserve.
(3) The annual report of the adjutant general's department.
(4) The medical treatment, pensions, and funeral expenses of officers and soldiers wounded, disabled, or killed while in the active service of the state.
(5) Expenditures for public relations
(6) Recruitment and retention expenditures of the adjutant general's department that are not paid by the United States Department of Defense.
(7) The publication of the armed forces law of Indiana in accordance with IC 10-16-2-9(d).
(1) lease real estate from:
(A) the federal, the state, or a local government; or
(B) a federal, state, or local agency; or
(2) purchase real estate throughout the state;
where necessary to provide armories or other military purposes.
(b) The state armory board shall lease or purchase real estate in the name and for the use of the state. The state armory board
(1) A company.
(2) A battery.
(3) A troop.
(4) A battalion.
(5) A regiment.
(6) A division organization.
(7) An air squadron.
(8) A related group.
(9) An organization authorized by the state board.
The ordnance stores, quartermaster stores, and other property issued to an organization described in this subsection and occupying the armory shall be stored in the armory or other appropriate structure.
(c) The state armory board shall arrange for the occupancy and use of the armories under the direction and responsibility of the senior officer in command of an organization described in subsection (b).
(d) An armory may not be erected on land that is leased for less than fifty (50) years.
(e) The Indiana wing of the civil air patrol and its subordinate units may use armory facilities without charge when the officer responsible for the armory determines the use would not interfere with operational training requirements of the military forces concerned.
(1) the management and government of the armories;
(2) the guidance of the organizations occupying the armories; and
(3) any other purpose consistent with this chapter.
(1) the armed forces of Indiana; and
(2) the armed forces of Indiana called or inducted into federal service.
Property received under this subsection shall be held as other property for the use of the state.
(b) Counties, cities, and municipalities may make donations and contributions under subsection (a).
(c) This subsection applies to real
(1) donated under subsection (a); and
(2) upon which the state of Indiana has not erected structures.
The state armory board may determine that real
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 11. The state armory
board may use the receipts under IC 10-16-9-3(a)(3) its financial
resources to make contributions to organizations that promote the
public image of the national guard, the United States armed forces, or
veterans of the United States armed forces. These contributions may be
made for the following purposes:
(1) Public events.
(2) Activities on Veterans' Day, Memorial Day, the Fourth of July,
and other holidays.
(3) Monuments, plaques, or inscriptions that memorialize
veterans of United States wars or military actions.
(4) Other appropriate activities that the state armory board
approves.
(1) the real property can no longer be used for the purpose for which it was acquired; and
(2) the conveyance provides a substantial public or military benefit.
(b) The sale shall be made at public or private sale, after appropriate publication, for the highest price to be obtained for the same. If the state armory board takes bids in the sale of real property, the board shall require a bid submitted by a trust (as defined in IC 30-4-1-1(a)) to identify all of the following:
(1) Each beneficiary of the trust.
(2) Each settlor empowered to revoke or modify the trust.
(c) All money derived from the sale, conveyance, or other disposition of any real property shall be paid into the state treasury, but may be used for the purchase of other real property for armory purposes.
(b) Real property may not be sold
property cannot be sold at its appraised value, it may be reappraised.
(c) Real property may not be sold conveyed, or otherwise disposed
of unless:
(1) the governor approves the sale; conveyance, or disposition;
and
(2) the attorney general states in writing that all the conditions
necessary to the legal and valid sale conveyance, or disposition of
such the property have been fully complied with.
(1) By the retention of any pay or allowances due or to become due from the state.
(2) By commitment to a jail designated by the reviewing authority until the fine is paid or until one (1) day is served for each one dollar ($1) of the fine imposed.
(3) By payment to the
(b) A sentence of imprisonment imposed by a court-martial during active service or at camps of instruction shall be carried out by confinement in a guardhouse, tent, or other places designated by the reviewing authority. A sentence of imprisonment imposed by court-martial upon persons not in active service or at camps of instruction shall be carried out by confinement in a jail to be designated by the reviewing authority.
officers and enlisted persons of the armed forces of Indiana under the
conditions and in the manner provided in this article:
(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.
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.
