CHAPTER 1. INDIANA VETERANS' AFFAIRS
IC 10-17
ARTICLE 17. VETERANS' AFFAIRS
IC 10-17-1
Chapter 1. Indiana Veterans' Affairs
IC 10-17-1-1
Purpose of chapter
Sec. 1. The purpose of this chapter is to create a department withfull authority to aid and assist veterans of the armed forces of theUnited States entitled to benefits or advantages provided on or afterMarch 3, 1945, by the United States, the state, or another state orgovernment.
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 theIndiana 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 isestablished. The:
(1) department;
(2) commission;
(3) director of veterans' affairs;
(4) county and city officers; and
(5) assistants and employees of persons described insubdivisions (1) through (4);
acting under the supervision of and under the rules of the departmentmay act at the request of any veteran of the armed forces or aveteran's spouse, surviving spouse, or dependent as necessary orreasonably incident to obtaining or attempting to obtain for theperson making the request any advantage, benefit, or compensationaccruing, due, or believed to be accruing or due to the person underany law of the United States, Indiana, or any other state orgovernment by reason of the service of the veteran in the armedforces of the United States.
(b) The:
(1) commission shall supervise and control the department; and
(2) director of veterans' affairs shall administer the departmentunder the commission's supervision and control;
as provided in this article.
(c) The domicile of the department is in Indianapolis. Suitableoffices 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 10-17-1-3Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 10-17-1-4
Powers of commission
Sec. 4. The commission may do acts necessary or reasonablyincident to the fulfillment of the purposes of this chapter, includingthe following:
(1) Adopt rules under IC 4-22-2 to administer this chapter.
(2) Advise the veterans' state service officer in problemsconcerning the welfare of veterans.
(3) Determine general administrative policies within thedepartment.
As added by P.L.2-2003, SEC.8.
IC 10-17-1-5
Director of commission
Sec. 5. (a) The position of director of veterans' affairs isestablished. The governor shall appoint the director for a four (4)year term. However, the term of office of the director terminateswhen the term of office of the governor terminates or when asuccessor to the director is appointed and qualified. The directormust 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 necessarytraveling and other expenses.
(c) The governor may remove the director if the governorconsiders the director guilty of misconduct, incapability, or neglectof duty.
(d) The governor shall appoint an assistant director of veterans'affairs. The assistant director is entitled to receive reimbursement fornecessary traveling and other expenses. The assistant director has thesame qualifications as the director of veterans' affairs and shall assistthe 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 Indianadepartment of veterans' affairs; and
(2) shall direct and supervise the administrative and technicalactivities 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, by and with the consent of the commission,under this chapter and notwithstanding IC 4-15-2, theemployees of the department necessary to carry out this chapterand to fix the compensation of the employees. Employees of thedepartment must qualify for the job concerned.
(3) To carry out the program for veterans' affairs as directed bythe governor and the commission.
(4) To carry on field direction, inspection, and coordination ofcounty and city service officers as provided in this chapter.
(5) To prepare and conduct service officer training schools withthe voluntary aid and assistance of the service staffs of themajor veterans' organizations.
(6) To maintain an information bulletin service to county andcity service officers for the necessary dissemination of materialpertaining to all phases of veterans' rehabilitation and servicework.
(7) To perform the duties described in IC 10-17-11 for theIndiana state veterans' cemetery.
(8) To perform the duties described in IC 10-17-12 for themilitary family relief fund.
(9) To establish a program and set guidelines under which amedal of honor awardee may receive compensation whenattending 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.
IC 10-17-1-7
Powers of attorney
Sec. 7. (a) A power of attorney authorizing action on behalf of aveteran in obtaining a benefit or an advantage for a veteran providedunder Indiana law must run to an authorized agency or individualrecognized by the United States Department of Veterans Affairs.
(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 theCongress of the United States concerning veterans' affairs; and
(2) enter into on behalf of the state contracts or agreements withthe government of the United States to receive benefits underpresent and future federal enactments concerning veterans' aidand benefits.
A contract or agreement entered into under subdivision (2) must firstbe 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 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 bythe mayor of a city service officer and service officer assistants toserve the veterans of the city.
(c) If the remuneration and expenses of a county or city serviceofficer are paid from the funds of the county or city employing theservice officer, the service officer shall:
(1) have the same qualifications and be subject to the same rulesas the director, assistant director, and state service officers ofthe 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 anemployee described in section 11(b) of this chapter. A rule contraryto this subsection is void.
(d) County and city fiscal bodies may appropriate funds necessaryfor the purposes described in this section.
As added by P.L.2-2003, SEC.8. Amended by P.L.144-2007, SEC.9.
IC 10-17-1-10
Training courses; service officers
Sec. 10. A county or city service officer shall, in the discretion ofthe director of veterans' affairs, undergo a course of training toadequately address problems of discharged veterans in the serviceofficer's county or city, including a thorough familiarization withlaws, rules, and regulations of the federal government and the statethat affect benefits to which the veterans and dependents of theveterans are entitled.
As added by P.L.2-2003, SEC.8.
IC 10-17-1-11
Employment requirements
Sec. 11. (a) The following employees of the Indiana departmentof veterans' affairs must satisfy the requirements set forth in section5(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 establishedby IC 10-17-11-4.
(b) An employee of the Indiana department of veterans' affairs notdescribed in subsection (a) must:
(1) satisfy; or
(2) be the spouse, surviving spouse, parent, or child of a personwho satisfies;the requirements set forth in section 5(a) of this chapter.
As added by P.L.144-2007, SEC.10.