As Introduced 1
123rd General Assembly 4
Regular Session H.B. No. 118 5
1999-2000 6
REPRESENTATIVES MAIER-METELSKY-HOOD-PRINGLE-SCHULER- 8
SULLIVAN-OPFER-VAN VYVEN-FORD-VESPER-AMSTUTZ- 9
SULZER-JONES-ROMAN 10
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A B I L L
To amend sections 351.07, 3735.42, 3735.62, 5901.01, 13
5903.11, and 5910.01 and to enact section 14
5901.011 of the Revised Code to define "veteran,"
as generally used in the Revised Code, to include 15
a former member of the merchant marine in service 16
to the United States during a specified period of
time during World War II. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 351.07, 3735.42, 3735.62, 21
5901.01, 5903.11, and 5910.01 be amended and section 5901.011 of 22
the Revised Code be enacted to read as follows: 23
Sec. 351.07. (A) A convention facilities authority shall 32
employ and fix the qualifications, duties, and compensation of 33
employees and enter into contracts for professional services as 34
it may require to conduct the business of the authority, provided 35
that no full-time employees shall be employed until the authority 36
adopts and implements a policy regarding hiring preferences for 37
veterans. "Veteran" means an individual who has served in the 38
active military or naval service of the United States, and who 39
was discharged or released under circumstances other than 40
dishonorable. Any employee may be suspended or dismissed, and 41
any contract for professional services may be terminated at any 42
time by the authority. 43
(B) A convention facilities authority may provide for the 45
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administration and enforcement of the laws of the state by 46
employing special policemen, POLICE OFFICERS and may seek the 47
assistance of other appropriate law enforcement officers to 48
enforce its rules and maintain order. Special policemen POLICE 50
OFFICERS employed by an authority shall serve as a security force 51
with respect to the property, grounds, buildings, equipment, and 52
facilities under the authority's control to protect the 53
authority's property, suppress nuisances and disturbances and 54
breaches of the peace, and enforce laws for the preservation of 55
good order. In performing their duties, special policemen POLICE 56
OFFICERS are vested with the same powers of arrest as police 58
officers are given under divisions (A) and (B) of section 2935.03 59
of the Revised Code while on the grounds of the authority's 60
facilities, and under division (D) of such THAT section when off 63
of the grounds of the authority's facilities.
Sec. 3735.42. Except as provided in any contract for 72
financial assistance with the federal government in the selection 74
of tenants for housing projects, a metropolitan housing authority 75
shall give preference, as among applicants equally in need and 76
eligible for occupancy of the dwelling and at the rent involved, 77
to families of veterans and servicemen PERSONS SERVING IN THE 78
ACTIVE MILITARY OR NAVAL SERVICE OF THE UNITED STATES, including 79
families of deceased veterans or servicemen DECEASED PERSONS WHO 80
WERE SO SERVING AT THE TIME OF DEATH. 81
As used in this section: 83
(A) "Veteran" means a person who has served in the active 86
military or naval service of the United States and who was 87
discharged or released therefrom under conditions other than 88
dishonorable.
(B) "Servicemen" means a person serving in the active 90
military or naval service of the United States. 91
Sec. 3735.62. Any five or more veterans, all of whom are 100
citizens of the United States and residents of this state, may 101
form a NONPROFIT corporation not for profit under sections 103
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1702.01 to 1702.58, inclusive, of the Revised Code, relating to 105
corporations not for profit, for the purpose of purchasing real 106
property and constructing thereon ON THE PROPERTY residences for 107
sale to members of such THAT corporation without any profit to 109
the corporation, borrowing money for such THAT purpose, and 111
mortgaging or pledging any assets of the corporation as security 112
therefor, and doing such ANY other things as THAT are appropriate 114
in order to carry out such THAT purpose. The business of such 115
THE NONPROFIT corporation DESCRIBED IN THIS SECTION shall be 116
carried on only within such THE municipal corporation or other 118
political subdivision of this state as THAT is specified in the 120
CORPORATION'S articles of incorporation. As used in this 121
section, "veteran" means any person who has served in any branch 122
of the armed forces of the United States in or during any war in 123
which this country has been or is engaged. Except as specified 124
in this section, such SECTIONS 1702.01 TO 1702.58 OF THE REVISED 125
CODE GOVERN THE NONPROFIT corporation shall be governed by such 126
sections DESCRIBED IN THIS SECTION.
Sec. 5901.01. As used in sections 5901.01 to 5901.37 of 135
the Revised Code:
(A) Except as otherwise provided in division (B) of this 137
section, "veteran" means a former member of the armed forces of 138
the United States who served on active military duty and received 140
an honorable discharge or honorable separation, a member of the 142
armed forces of the United States HAS THE SAME MEANING AS IN 143
SECTION 5901.011 OF THE REVISED CODE AND INCLUDES ANY INDIVIDUAL 144
DESCRIBED IN THAT SECTION who died on active military duty, or a 145
member of the armed forces of the United States WAS missing in 147
action FOR more than ninety days.
(B) As used in section 5901.08 and other sections of the 149
Revised Code with regard to applications for financial assistance 150
under sections 5901.02 to 5901.15 of the Revised Code, "veteran" 151
means person who served in the armed forces of the United States 153
on active military duty and was discharged from the service under 154
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honorable conditions, HAS THE SAME MEANING AS IN SECTION 5901.011 155
OF THE REVISED CODE and INCLUDES ANY INDIVIDUAL DESCRIBED IN THAT 156
SECTION who either served on active duty for reasons other than 158
training or, while serving on active duty for training, incurred 159
a disability recognized by the department of veterans affairs or
department of defense as service-connected. 160
(C) "Veterans plot" means a plot of land in any cemetery, 162
set apart to be exclusively used for interring the remains of 163
deceased veterans.
Sec. 5901.011. AS USED IN THE REVISED CODE, "VETERAN," 165
"VETERAN OF THE ARMED FORCES OF THE UNITED STATES," OR "VETERAN 167
OF THE ARMED SERVICES OF THE UNITED STATES" MEANS ANY OF THE 168
FOLLOWING:
(A) AN INDIVIDUAL WHO SERVED IN THE ACTIVE MILITARY OR 170
NAVAL SERVICE OF THE UNITED STATES AS A MEMBER OF THE ARMED 171
FORCES OR ARMED SERVICES OF THE UNITED STATES AND WHO WAS 172
DISCHARGED, RELEASED, OR SEPARATED FROM THAT SERVICE UNDER 173
CONDITIONS OTHER THAN DISHONORABLE; 174
(B) AN INDIVIDUAL WHO SERVED AS A MEMBER OF THE UNITED 177
STATES MERCHANT MARINE FOR ANY PERIOD OF TIME DURING WORLD WAR II 178
BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND TO WHOM ALL 180
OF THE FOLLOWING APPLY:
(1) THE MEMBER WAS LICENSED OR OTHERWISE DOCUMENTED FOR 182
SERVICE IN THE MERCHANT MARINE BY AN OFFICER OR EMPLOYEE OF THE 184
UNITED STATES AUTHORIZED BY LAW TO DO SO. 186
(2) THE MEMBER WAS A CREWMEMBER OF A VESSEL THAT AT THE 188
TIME OF THE MEMBER'S SERVICE WAS ALL OF THE FOLLOWING: 189
(a) DOCUMENTED IN THE UNITED STATES; 193
(b) OPERATED UNDER THE FLAG OF THE UNITED STATES IN WATERS 197
OTHER THAN INLAND WATERS OF THE UNITED STATES; 199
(c) UNDER CONTRACT OR CHARTER TO, OR PROPERTY OF, THE 202
GOVERNMENT OF THE UNITED STATES; 203
(d) SERVING THE ARMED FORCES OF THE UNITED STATES. 207
(3) THE MEMBER WAS DISCHARGED, RELEASED, OR SEPARATED FROM 210
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SERVICE IN THE MERCHANT MARINE UNDER CONDITIONS OTHER THAN
DISHONORABLE. 211
(C) AS USED IN DIVISION (B) OF THIS SECTION, "UNITED 215
STATES MERCHANT MARINE" INCLUDES THE UNITED STATES ARMY TRANSPORT 217
SERVICE AND THE UNITED STATES NAVAL TRANSPORT SERVICE. 220
Sec. 5903.11. (A) Any federally funded employment and 229
training program administered by any state agency, including, but 230
not limited to, the "Job Training Partnership Act," 96 Stat. 1322 231
(1982), 29 U.S.C.A. 1501, shall include a veteran priority system 232
to provide maximum employment and training opportunities to 233
veterans and other eligible persons within each targeted group as 234
established by federal law and state and federal policy in the 235
service area. Disabled veterans, veterans of the Vietnam era, 236
other veterans, and other eligible persons shall receive 237
preference over nonveterans within each targeted group in the 238
provision of employment and training services available through 239
these programs as required by this section. 240
(B) Each state agency shall refer qualified applicants to 242
job openings and training opportunities in programs described in 243
division (A) of this section in the following order of priority: 244
(1) Special disabled veterans; 246
(2) Veterans of the Vietnam era; 248
(3) Disabled veterans; 250
(4) All other veterans; 252
(5) Other eligible persons; 254
(6) Nonveterans. 256
(C) Each state agency providing employment and training 258
services to veterans and other eligible persons under programs 259
described in division (A) of this section shall submit an annual 260
written report to the speaker of the house of representatives and 261
the president of the senate on the services that it provides to 262
veterans and other eligible persons. Each such agency shall 263
report separately on all entitlement programs, employment or 264
training programs, and any other programs that it provides to 265
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each class of persons described in divisions (B)(1) to (6) of 266
this section. Each such agency ALSO shall also report on action 267
taken to ensure compliance with statutory requirements. 269
Compliance and reporting procedures shall be in accordance with 270
the reporting procedures then in effect for all employment and 271
training programs described in division (A) of this section, with 272
the addition of veterans as a separate reporting module. 273
(D) All state agencies that administer federally funded 275
employment and training programs described in division (A) of 276
this section for veterans and other eligible persons shall do all 277
of the following: 278
(1) Ensure that veterans are treated with courtesy and 280
respect at all state governmental facilities; 281
(2) Give priority in referral to jobs to qualified 283
veterans and other eligible persons; 284
(3) Give priority in referral to and enrollment in 286
training programs to qualified veterans and other eligible 287
persons; 288
(4) Give preferential treatment to special disabled 290
veterans in the provision of all needed state services; 291
(5) Provide information and effective referral assistance 293
to veterans and other eligible persons regarding needed benefits 294
and services that may be obtained through other agencies. 295
(E) As used in this section: 297
(1) "Special disabled veteran" means a veteran who is 299
entitled to, or who but for the receipt of military pay would be 300
entitled to, compensation under any law administered by the 301
department of veterans affairs for a disability rated at thirty 302
per cent or more or a person who was discharged or released from 303
active duty because of a service-connected disability. 304
(2) "Veteran of the Vietnam era" means an eligible veteran 306
who served on active duty for a period of more than one hundred 307
eighty days, any part of which occurred from August 5, 1964, 308
through May 7, 1975, and was discharged or released therefrom 309
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FROM THAT SERVICE with other than a dishonorable discharge or a 310
person who was discharged or released from active duty for a 312
service-connected disability if any part of the active duty was 313
performed from August 5, 1964, through May 7, 1975. 314
(3) "Disabled veteran" means a veteran who is entitled to, 316
or who but for the receipt of military retirement pay would be 317
entitled to compensation, under any law administered by the 318
department of veterans affairs and who is not a special disabled 319
veteran. 320
(4) "Eligible veteran" means a person who served on active 322
duty for more than one hundred eighty days and was discharged or 323
released from active duty with other than a dishonorable 324
discharge or a person who was discharged or released from active 325
duty because of a service-connected disability. 326
(5) "Other eligible person" means one of the following: 328
(a) The spouse of any person who died of a 330
service-connected disability; 331
(b) The spouse of any member of the armed forces OF THE 333
UNITED STATES serving on active duty who at the time of the 335
spouse's application for assistance under any program described 336
in division (A) of this section is listed pursuant to the act of 337
September 6, 1966, 80 Stat. 629, 37 U.S.C.A. 556, and the 338
regulations issued pursuant thereto TO THAT ACT, as having been 339
in one or more of the following categories for a total of ninety 341
or more days:
(i) Missing in action; 343
(ii) Captured in line of duty by a hostile force; 345
(iii) Forcibly detained or interned in line of duty by a 347
foreign government or power. 348
(c) The spouse of any person who has a total disability 350
permanent in nature resulting from a service-connected disability 351
or the spouse of a veteran who died while such a THAT TYPE OF 352
disability was in existence. 354
(6) "Veteran" means any person who was a member of the 356
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armed forces of the United States INDIVIDUAL DESCRIBED IN SECTION 358
5901.011 OF THE REVISED CODE WHO SERVED for a period of one 360
hundred eighty days or more or a person who was discharged or 361
released from active duty because of a service-connected 362
disability.
(7) "Armed forces of the United States" means the army, 364
air force, navy, marine corps, coast guard, and any other 365
military service branch that is designated by congress as a part 366
of the armed forces of the United States. 367
(8) "Employment program" means a program which provides 369
referral of individuals to employer job openings in the federal, 370
state, or private sector. 371
(9) "Training program" means any program that upgrades the 373
employability of qualified applicants. 374
(10) "Entitlement program" means any program that enlists 376
specific criteria in determining eligibility, including but not 377
limited to the existence in special segments of the general 378
population of specific financial needs. 379
(11) "Targeted group" means a group of persons designated 381
by federal law or regulations or by state law to receive special 382
assistance under an employment and training program described in 383
division (A) of this section. 384
Sec. 5910.01. As used in this chapter and section 5919.34 394
of the Revised Code: 395
(A) "Child" includes natural and adopted children and 398
stepchildren who have not been legally adopted by the veteran
parent provided that the relationship between the stepchild and 399
the veteran parent meets the following criteria: 400
(1) The veteran parent is married to the child's natural 402
or adoptive parent at the time application for a scholarship 403
granted under this chapter is made; or if the veteran parent is 404
deceased, the child's natural or adoptive parent was married to 405
the veteran parent at the time of the veteran parent's death; 406
(2) The child resided with the veteran parent for a period 408
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of not less than ten consecutive years immediately prior to 409
making application for the scholarship; or if the veteran parent 410
is deceased, the child resided with the veteran parent for a 411
period of not less than ten consecutive years immediately prior 412
to the veteran parent's death;
(3) The child received financial support from the veteran 414
parent for a period of not less than ten consecutive years 415
immediately prior to making application for the scholarship; or 416
if the veteran parent is deceased, the child received financial 417
support from the veteran parent for a period of not less than ten 418
consecutive years immediately prior to the veteran parent's
death. 419
(B) "Veteran" includes any person who was a member of the 421
armed services of the United States INDIVIDUAL DESCRIBED IN 423
SECTION 5901.011 OF THE REVISED CODE WHO SERVED for a period of 424
ninety days or more, or who was discharged from the armed 425
services due to a disability incurred while a member with less 426
than ninety days' service, or who died while a member of the 427
armed services; provided that such THE service, disability, or 428
death occurred during one of the following periods: 429
(1) IN THE CASE OF AN INDIVIDUAL DESCRIBED IN DIVISION (A) 432
OF SECTION 5901.011 OF THE REVISED CODE, April 6, 1917, to 435
November 11, 1918; December 7, 1941, to December 31, 1946; June 437
25, 1950, to January 31, 1955; January 1, 1960, to May 7, 1975; 440
August 2, 1990, to the end of operations conducted as a result of 441
the invasion of Kuwait by Iraq, including support for operation 442
desert shield and operation desert storm, as declared by the 444
president of the United States or the congress; or any other 445
period of conflict established by the United States department of 446
veterans affairs for pension purposes;
(2) IN THE CASE OF AN INDIVIDUAL DESCRIBED IN DIVISION (B) 448
OF SECTION 5901.011 OF THE REVISED CODE, DECEMBER 7, 1941, TO 450
DECEMBER 31, 1946.
(C) "Armed services of the United States" or "United 452
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States armed forces" includes the army, air force, navy, marine 454
corps, coast guard, and such other military service branch as may 455
be designated by congress as a part of the armed forces of the 456
United States.
(D) "Board" means the Ohio war orphans scholarship board 458
created by section 5910.02 of the Revised Code. 459
(E) "Disabled" means having a sixty per cent or greater 461
service-connected disability or receiving benefits for permanent 462
and total nonservice-connected disability, as determined by the 463
United States department of veterans affairs. 465
Section 2. That existing sections 351.07, 3735.42, 467
3735.62, 5901.01, 5903.11, and 5910.01 of the Revised Code are 468
hereby repealed.