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June/July 2012
Where There’s Smoke, There’s … Confusion And Bureaucratic Bumbling The state-wide smoking ban which went into effect July 1, 2012, has prompted a frenzy of activity among Indiana’s American Legion posts, a frenzy which has included heated arguments, expensive renovation projects, and a significant degree of misunderstanding about the exemption available to fraternal and patriotic organizations. Indiana’s statewide smoking ban is a complicated law. Despite the much heralded exemption for organizations such as American Legion Posts, the law does not grant a total exemption for any post under all con-
ditions. The bill, in simple language, does not exempt American Legion posts: it allows posts to designate one room of the post facility as a smoking area and apply for the exemption. Smoking in all other areas of the post facility will be prohibited. Posts who are contemplating applying for the exemption face a daunting challenge. They must deal with rules that remain unwritten, conduct a vote of members only, complete an application, submit a floor plan, and await the stamp of approval from the Alcohol and Tobacco Commission. Until all of that is accom-
plished, after July 1, 2012, the post will not be permitted to allow smoking anywhere in the post home. Daniel Lawson, Adjutant of Jasper’s American Legion Post 147, has been through the effort – not once, but twice. Both times his post failed the inspection. He told the Hoosier Legionnaire that, according to information provided by the State Excise Police and the Dubois County Health Department, “If the proper forms and procedures have not been filed with the ATC the facility must by law be non- smoking until an inspection is completed. If
you fail, you will go on the bottom of the list. Keep in mind within the state there are 59 officers and 92 counties. “I asked the officer the turnaround time between the mailing of the material and the inspection date. He responded by telling me that he was leaving the meeting and inspecting my post within the hour. He did and we failed. “We have spent over $6,000 so far and still did not pass. The reason is simple. I just received the posters from the printers and was not able to post them. The contactor took
some hinges away from the self closing doors to modify them for leakage, and he has not installed the door strips around the top of the doors. Once this is done we will be approved. The officer will return Monday and we will be certified,” Lawson said. On June 25, Post 147 was re-inspected by the ATC. “We failed again. The officer now wants us to replace the café style door leading from our bar to our kitchen. Last week these doors were not in question. The enforcement agency … has interpreted the law or bill as they see fit.” Posts that vote to be non-
Convention Will Launch New Year, Honor The Old
tion that grants equivalency between military training and certain civilian occupations that require training and licensure, such as commercial driver’s licenses. Alting, a previous recipient of the DPSA, is being honored for his long-time commitment to veterans and his successful efforts to forge the exemption for Legion posts under the newly enacted smoking ban. Alting was unsuccessful in producing a complete compromise, but he has committed to continuing the effort to beat back further intrusions on veterans’ rights. During the closing session Saturday, July 14, delegates will elect the Legionnaire who will lead the department in 2012-2013 as Department Commander, along with a slate of nominees for Vice Commanders, Sergeant-atArms, and Finance Officer. The annual conclave also will feature a presentation by representatives and clients of the Children’s Organ Transplant Association, presentation of the Distinguished Hoosier Award to Commander Miller by the director of the Indiana Department of Veteran Affairs, Tom Applegate, and greetings from the commander of several Indiana Veterans Service Organizations. The American Legion’s National Convention Director, Dick Holmes also will address the delegates, providing information on the latest arrangements for the 94th National Convention to be held in Indianapolis in August. Always a special moment for any convention is the presentation of the highest honor The Department can bestow on its members – the Distinguished Service Award. This year, five legionnaires have been selected to receive the honor, and will join the fewer than 150 other Legionnaires who have received the honor over the years. The DSA will be presented during the closing moments of the Saturday morning session. The Department will also honor outstanding educators, military persons, and first responders by selecting one from among candidates nominated by the districts. There will be two educators, three military persons, and one police office, one firefighter, and one EMT person selected as tops in the state. The Department will also
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New Interpretation Threatens Long-Standing Veteran Benefit
New Commander In the Wings, Candidates To Make Their Cases; Outstanding Service To Be Honored And Hard Work Rewarded The major party candidates for Governor of the State of Indiana will address the 94th annual convention of The American Legion, Department of Indiana during the opening session Friday, July 13, 2012, at the Indianapolis Marriott hotel East. Republican candidate Mike Pence is scheduled to address the delegates at approximately 2:45 p.m. Democratic Candidate John Gregg is scheduled for approximately 4:00 p.m. Schedules for both the candidates and the convention are flexible, so delegates are encouraged to be patient and flexible themselves, said Commander Michael J. Miller. “We will do our very best to keep to the schedule as published, but with events like this, changes are always possible. All I can ask of our delegates is that they ‘go with the flow.’ This is an exciting opportunity for the Department, and marks the first time in many years that candidates for such an important office have agreed to share their visions with the Legion. I am personally very proud to host these two gentlemen.” The candidates’ appearance is a highlight of opening day, but it is not the only highlight. Two members of the Indiana Senate, Susan Glick and Ronnie Alting, also will be on stage to accept the Distinguished Public Service Award from Commander Miller. Glick is being honored for her successful leadership in assuring passage of legisla-
smoking do not need to take any action. On July 1, 2012, smoking in the post will be prohibited by law. Posts that subsequently wish to change the decision may vote to establish a smoking area and apply for the exemption at any time. If the Post votes to allow smoking in the building, these are the steps necessary for the application to be accepted. Avoiding the fate of Post 147 is nevertheless not assured by this process, but it must be followed: At a regularly scheduled post meeting, at which a
“Gimme A Hug”
Following his remarks during the 75th anniversary session of Hoosier Boys State, famed former Notre Dame football coach, inspirational speaker and member of the Board of Directors of Trine University Lou Holtz leaped from the stage to meet and greet the delegates who swarmed him for handshakes and autographs. One lucky delegate even scored a bear hug from the jubilant coach. Holtz joined Democratic candidate for Governor John Gregg and other featured speakers helping the program celebrate its Diamond Anniversary at the small Northeast Indiana University, home to the Hoosier Boys State program for four years.
Historic 94th Annual National Convention To Convene in Indy The 94th annual National Convention of The American Legion is shaping to up to be one for the history books for Indiana. Not only is Indiana once again the host department for convention, but a Hoosier Legionnaire is the leading candidate for the high office of National Commander. Hoosier Candidate For Commander If elected, James E. Koutz, will become just the fourth Hoosier ever elected National Commander and the first since Frank I. Hamilton was elected to the top spot in 1979. George N. Craig, who went on to be governor of Indiana, also served as national commander, having been elected in 1949, while Paul V. McNutt was elected in 1928. Koutz, a past Indiana Department Commander and member of Boonville’s American Legion Post 200, launched his campaign for commander nearly two years ago, and has visited almost every Department in the Legion in his quest for the top spot. When those departments convene in Indianapolis for the convention, Koutz will greet them not only as their chosen candidate, but also as the President of the National Convention Corporation of Indiana. The corporation is the official organization formed to provide support, volunteers, and access to local resources for convention planners at National Headquarters. Among the committees supporting the corporation and providing volunteers are the
National Convention Parade Committee, Distinguished Guest Committee, among others. The corporation also has formed a special committee to plan and conduct the National Convention Post Parade Party, a gala festival-style event designed to close out the traditional parade with a large dose of Hoosier Hospitality. Post Parade Party The Post Parade Party will begin at the close of the parade Sunday, August 26, 2012, on American Legion Mall between Meridian and Pennsylvania Streets in downtown Indianapolis. The Mall, home to both National and Indiana Department Headquarters, has become a favorite gathering place for festivals, concerts, and special events, and is the ideal venue for the Post Parade Party’s featured music, food vendors and Biergarten. The party is free and open to all, especially Hoosiers gathered downtown to view the parade. General Sessions As at all National Conventions, the general sessions of the 94th annual gathering will feature political figures, entertainers, guests from allied nations, national youth champions, and reports from Convention Committees responsible for veterans affairs, legislation, children and youth programs and national security. The sessions convene Tuesday, Wednesday and Thursday mornings, August 28-30. In addition, a large exhibit area with more than a hundred exhibitors and vendors,
including National Flag and Emblem sales with a complete sales operation, will be open to delegates, alternates and guests. A convention badge is required for admission, and can be obtained only by registering for the convention as a delegate, alternate or guest. The registration fee is $25 per person, and includes unlimited access to the exhibit hall as well as to the convention floor for all sessions. Hoosier Night At Victory Field The Department of Indiana also will put its best foot forward with the traditional Indiana Convention Party, always one of the hottest tickets at a national convention. This year’s party will be a Hoosier Night at Victory Field, home of the Triple A Indianapolis Indians. Beginning at 7:00 p.m. Monday, August 27, in the Coors Pavilion behind first base, the party will feature beer, soft drinks, hotdogs, brats, barbecue, and salads, all included in the price of admission All Hoosier Legionnaires, regardless of whether or not they attend the convention, are invited to the Indiana party. Cost for the party is $25 per person, which includes unlimited food and drink until 9:00 p.m. as well as a reserved seat for the ball game. Tickets for the picnic and game can be purchased at the Department registration area in the J. W. Marriott Hotel in downtown Indianapolis, until the close of registration Saturday afternoon. For
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A controversial re-interpretation of the law providing automobile excise tax relief to some disabled Hoosier veterans has come under fire by the Indiana American Legion. Under the ruling, excise tax relief is no longer available to veterans who are unable to take advantage of the property tax relief accorded to veterans with VA-certified disability ratings. Indiana’s Department of Local Government Finance, has announced that the law, which historically has allowed disabled veterans to apply the unused portion of their property tax credit to their auto excise tax, even if they own no real property, has been mis-interpreted. The decision effectively cancels the practice, which until June of this year was included in the official guide to veterans’ benefits published by the Indiana Department of Veterans Affairs. The controversy centers over the use of 100 percent of the credit for automobile excise taxes by veterans who own automobiles but do not own real property subject to taxation. The American Legion position is that this reinterpretation unfairly singles out one group of disabled veterans for denial of the benefit while maintaining it for others. Younger veterans are particularly hard hit, since they are more likely not to own property than older veterans, and rely heavily on their automobiles for transportation to school, work and for family purposes. The application of the property tax exemption to the automobile excise tax is described in one law, while the conditions under which a veteran qualifies for the exemption is described in another. Sen. Susan Glick, a Republican member of the Indiana Senate from District 13 in Northeast Indiana, a staunch supporter of veterans’ legislation, has promised to discuss the interpretation with her colleagues in the Senate as well as with representatives from the DLGF. She will discuss her findings with the 2012-2013 Department Commander and other Legion leaders in early fall, who will then determine an appropriate course of action. The Legion is arguing for a return to the original interpretation of the law. The alternative is to press for new, separate legislation establishing the excise tax credit as a specific benefit to disabled veterans.