Sec. 2. (a) The Indiana war memorials commission is established.

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Terms Used In Indiana Code 10-18-1-2

  • commission: refers to the Indiana war memorials commission established by section 2 of this chapter. See Indiana Code 10-18-1-1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Summons: Another word for subpoena used by the criminal justice system.
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
  • veteran: includes "Hoosier veteran" and applies to the construction of all Indiana statutes, unless the construction is expressly excluded by the terms of the statute, is plainly repugnant to the intent of the general assembly or of the context of the statute, or is inconsistent with federal law. See Indiana Code 1-1-4-5
     (b) The commission consists of nine (9) members. Each Indiana congressional district must be represented by at least one (1) member who is:

(1) a resident of that congressional district;

(2) a veteran of service in the armed forces of the United States of America in time of war;

(3) a citizen of Indiana at the time of the service; and

(4) appointed:

(A) in the manner;

(B) for the terms;

(C) to have the powers; and

(D) to perform the duties;

as provided in this chapter.

     (c) The commission:

(1) as the commission and in the commission’s name, may prosecute and defend suits; and

(2) has all other duties, rights, and powers that are:

(A) necessary to implement this chapter; and

(B) not inconsistent with this chapter.

     (d) The members of the commission are not liable in their individual capacity, except to the state, for any act done or omitted in connection with the performance of their duties under this chapter.

     (e) A suit against the commission must be brought in a court with jurisdiction in Marion County. Notice or summons of the suit shall be served upon the president, vice president, or secretary of the commission. In a suit against the commission, it is not necessary to name the individual members of the commission as either plaintiff or defendant. Commission members may sue and be sued in the name of the Indiana war memorials commission.

     (f) The commission shall:

(1) report to the governor through the adjutant general; and

(2) be under the adjutant general for administrative supervision.

[Pre-2003 Recodification Citation: 10-7-2-1.]

As added by P.L.2-2003, SEC.9. Amended by P.L.133-2012, SEC.65; P.L.149-2016, SEC.39.

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