As Reported by House Veterans' Affairs Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 118 5
1999-2000 6
REPRESENTATIVES MAIER-METELSKY-HOOD-PRINGLE-SCHULER- 8
SULLIVAN-OPFER-VAN VYVEN-FORD-VESPER-AMSTUTZ-SULZER- 9
JONES-ROMAN-FLANNERY-HEALY-BRADING-THOMAS 10
_________________________________________________________________ 11
A B I L L
To amend sections 351.07, 3735.42, 3735.62, 5901.01, 13
5903.11, and 5910.01 of the Revised Code to 14
include in the definition of veteran for certain
purposes an individual who served as a member of 15
the United States Merchant Marine, Army Transport 16
Service, or Naval Transport Service and either
has an honorable report of separation from the 17
active duty military service or died on active
duty while serving in a war zone during World War 18
II.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 351.07, 3735.42, 3735.62, 22
5901.01, 5903.11, and 5910.01 of the Revised Code be amended to 23
read as follows:
Sec. 351.07. (A)(1) A convention facilities authority 32
shall employ and fix the qualifications, duties, and compensation 33
of employees and enter into contracts for professional services 34
as it may require to conduct the business of the authority, 35
provided that no full-time employees shall be employed until the 36
authority adopts and implements a policy regarding hiring 37
preferences for veterans. "THE AUTHORITY AT ANY TIME MAY SUSPEND 38
OR DISMISS ANY EMPLOYEE OR TERMINATE ANY CONTRACT FOR 39
PROFESSIONAL SERVICES.
(2) "Veteran" means an EITHER OF THE FOLLOWING: 41
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(a) AN individual who has served in the active military or 44
naval service of the United States, and who was discharged or 45
released under circumstances other than dishonorable. Any 46
employee may be suspended or dismissed, and any contract for 47
professional services may be terminated at any time by the 48
authority.;
(b) AN INDIVIDUAL WHO HAS SERVED AS A MEMBER OF THE UNITED 51
STATES MERCHANT MARINE AND TO WHOM EITHER OF THE FOLLOWING 52
APPLIES:
(i) THE INDIVIDUAL HAS AN HONORABLE REPORT OF SEPARATION 55
FROM THE ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215. 56
(ii) THE INDIVIDUAL SERVED IN THE UNITED STATES MERCHANT 59
MARINE BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED 60
ON ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF 61
SERVICE.
(3) "UNITED STATES MERCHANT MARINE" INCLUDES THE UNITED 64
STATES ARMY TRANSPORT SERVICE AND THE UNITED STATES NAVAL 65
TRANSPORT SERVICE.
(B) A convention facilities authority may provide for the 67
administration and enforcement of the laws of the state by 68
employing special policemen POLICE OFFICERS, and may seek the 69
assistance of other appropriate law enforcement officers to 70
enforce its rules and maintain order. Special policemen POLICE 72
OFFICERS employed by an authority shall serve as a security force 73
with respect to the property, grounds, buildings, equipment, and 74
facilities under the authority's control to protect the 75
authority's property, suppress nuisances and disturbances and 76
breaches of the peace, and enforce laws for the preservation of 77
good order. In performing their duties, special policemen POLICE 78
OFFICERS are vested with the same powers of arrest as police 80
officers are given under divisions (A) and (B) of section 2935.03 81
of the Revised Code while on the grounds of the authority's 82
facilities, and under division (D) of such section when off of 83
the grounds of the authority's facilities.
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Sec. 3735.42. (A) Except as provided in any contract for 92
financial assistance with the federal government in the selection 94
of tenants for housing projects, a metropolitan housing authority 95
shall give preference, as among applicants equally in need and 96
eligible for occupancy of the dwelling and at the rent involved, 97
to families of veterans and servicemen PERSONS SERVING IN THE 98
ACTIVE MILITARY OR NAVAL SERVICE OF THE UNITED STATES, including 99
families of deceased veterans or servicemen DECEASED PERSONS WHO 100
WERE SO SERVING AT THE TIME OF DEATH. 101
(B) As used in this section: 103
(A)(1) "Veteran" means a EITHER OF THE FOLLOWING: 105
(a) A person who has served in the active military or 108
naval service of the United States and who was discharged or 109
released therefrom under conditions other than dishonorable. 110
(B) "Servicemen" means a person serving in the active 112
military or naval service of the United States.; 113
(b) A PERSON WHO SERVED AS A MEMBER OF THE UNITED STATES 116
MERCHANT MARINE AND TO WHOM EITHER OF THE FOLLOWING APPLIES: 117
(i) THE PERSON HAS AN HONORABLE REPORT OF SEPARATION FROM 120
ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215. 121
(ii) THE PERSON SERVED IN THE UNITED STATES MERCHANT 124
MARINE BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED 125
ON ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF 126
SERVICE.
(2) "UNITED STATES MERCHANT MARINE" INCLUDES THE UNITED 129
STATES ARMY TRANSPORT SERVICE AND THE UNITED STATES NAVAL 130
TRANSPORT SERVICE.
Sec. 3735.62. (A) Any five or more veterans, all of whom 139
are citizens of the United States and residents of this state, 140
may form a corporation not for profit under sections 1702.01 to 141
1702.58, inclusive, of the Revised Code, relating to corporations 143
not for profit, for the purpose of purchasing real property and 144
constructing thereon residences for sale to members of such
corporation without any profit to the corporation, borrowing 145
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money for such purpose, and mortgaging or pledging any assets of 146
the corporation as security therefor, and doing such other things 147
as are appropriate in order to carry out such purpose. The 148
business of such corporation shall be carried on only within such 149
municipal corporation or other political subdivision of this
state as is specified in the articles of incorporation. As 150
EXCEPT AS SPECIFIED IN THIS SECTION, SUCH CORPORATION SHALL BE 151
GOVERNED BY SUCH SECTIONS. 152
(B) AS used in this section, "veteran": 154
(1) "VETERAN" means any EITHER OF THE FOLLOWING: 156
(a) ANY person who has served in any branch of the armed 158
forces of the United States in or during any war in which this 160
country has been or is engaged. Except as specified in this 161
section, such corporation shall be governed by such sections.; 162
(b) ANY PERSON WHO HAS SERVED AS A MEMBER OF THE UNITED 165
STATES MERCHANT MARINE AND TO WHOM EITHER OF THE FOLLOWING 166
APPLIES:
(i) THE PERSON HAS AN HONORABLE REPORT OF SEPARATION FROM 170
THE ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215.
(ii) THE PERSON SERVED IN THE UNITED STATES MERCHANT 173
MARINE BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED 174
ON ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF 175
SERVICE.
(2) "UNITED STATES MERCHANT MARINE" INCLUDES THE UNITED 178
STATES ARMY TRANSPORT SERVICE AND THE UNITED STATES NAVAL 179
TRANSPORT SERVICE.
Sec. 5901.01. As used in sections 5901.01 to 5901.37 of 188
the Revised Code:
(A) Except as otherwise provided in division (B) of this 190
section, "veteran" means a EITHER OF THE FOLLOWING: 191
(1) A former member of the armed forces of the United 193
States who served on active military duty and received an 195
honorable discharge or honorable separation, a member of the 196
armed forces of the United States who died on active military 197
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duty, or a member of the armed forces of the United States
missing in action more than ninety days.; 198
(2) A MEMBER OF THE UNITED STATES MERCHANT MARINE TO WHOM 201
EITHER OF THE FOLLOWING APPLIES:
(a) THE MEMBER HAS AN HONORABLE REPORT OF SEPARATION FROM 203
THE ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215. 204
(b) THE MEMBER SERVED IN THE UNITED STATES MERCHANT MARINE 207
BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED ON 208
ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF 209
SERVICE.
(B) As used in section 5901.08 and other sections of the 211
Revised Code with regard to applications for financial assistance 212
under sections 5901.02 to 5901.15 of the Revised Code, "veteran" 213
means a EITHER OF THE FOLLOWING: 214
(1) A PERSON WHO SERVED IN THE ARMED FORCES OF THE UNITED 217
STATES ON ACTIVE MILITARY DUTY AND WAS DISCHARGED FROM THE 218
SERVICE UNDER HONORABLE CONDITIONS, AND WHO EITHER SERVED ON
ACTIVE DUTY FOR REASONS OTHER THAN TRAINING OR, WHILE SERVING ON 219
ACTIVE DUTY FOR TRAINING, INCURRED A DISABILITY RECOGNIZED BY THE 220
DEPARTMENT OF VETERANS AFFAIRS OR DEPARTMENT OF DEFENSE AS 221
SERVICE-CONNECTED;
(2) A PERSON WHO SERVED IN THE UNITED STATES MERCHANT 223
MARINE, WHO EITHER SERVED ON ACTIVE DUTY FOR REASONS OTHER THAN 225
TRAINING OR, WHILE SERVING ON ACTIVE DUTY FOR TRAINING, INCURRED 226
A DISABILITY RECOGNIZED BY THE DEPARTMENT OF VETERANS AFFAIRS OR 227
DEPARTMENT OF DEFENSE AS SERVICE-CONNECTED, AND TO WHOM EITHER OF 228
THE FOLLOWING APPLIES: 229
(a) THE PERSON HAS AN HONORABLE REPORT OF SEPARATION FROM 231
THE ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215. 232
(b) THE PERSON SERVED IN THE UNITED STATES MERCHANT MARINE 235
BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED ON 236
ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF 237
SERVICE.
(C) "Veterans plot" means a plot of land in any cemetery, 239
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set apart to be exclusively used for interring the remains of 240
deceased veterans.
(D) "UNITED STATES MERCHANT MARINE" INCLUDES THE UNITED 243
STATES ARMY TRANSPORT SERVICE AND THE UNITED STATES NAVAL 244
TRANSPORT SERVICE.
Sec. 5903.11. (A) Any federally funded employment and 253
training program administered by any state agency including, but 254
not limited to, the "Job Training Partnership Act," 96 Stat. 1322 255
(1982), 29 U.S.C.A. 1501, shall include a veteran priority system 256
to provide maximum employment and training opportunities to 257
veterans and other eligible persons within each targeted group as 258
established by federal law and state and federal policy in the 259
service area. Disabled veterans, veterans of the Vietnam era, 260
other veterans, and other eligible persons shall receive 261
preference over nonveterans within each targeted group in the 262
provision of employment and training services available through 263
these programs as required by this section. 264
(B) Each state agency shall refer qualified applicants to 266
job openings and training opportunities in programs described in 267
division (A) of this section in the following order of priority: 268
(1) Special disabled veterans; 270
(2) Veterans of the Vietnam era; 272
(3) Disabled veterans; 274
(4) All other veterans; 276
(5) Other eligible persons; 278
(6) Nonveterans. 280
(C) Each state agency providing employment and training 282
services to veterans and other eligible persons under programs 283
described in division (A) of this section shall submit an annual 284
written report to the speaker of the house of representatives and 285
the president of the senate on the services that it provides to 286
veterans and other eligible persons. Each such agency shall 287
report separately on all entitlement programs, employment or 288
training programs, and any other programs that it provides to 289
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each class of persons described in divisions (B)(1) to (6) of 290
this section. Each such agency shall also report on action taken 291
to ensure compliance with statutory requirements. Compliance and 292
reporting procedures shall be in accordance with the reporting 293
procedures then in effect for all employment and training 294
programs described in division (A) of this section, with the 295
addition of veterans as a separate reporting module. 296
(D) All state agencies that administer federally funded 298
employment and training programs described in division (A) of 299
this section for veterans and other eligible persons shall do all 300
of the following: 301
(1) Ensure that veterans are treated with courtesy and 303
respect at all state governmental facilities; 304
(2) Give priority in referral to jobs to qualified 306
veterans and other eligible persons; 307
(3) Give priority in referral to and enrollment in 309
training programs to qualified veterans and other eligible 310
persons; 311
(4) Give preferential treatment to special disabled 313
veterans in the provision of all needed state services; 314
(5) Provide information and effective referral assistance 316
to veterans and other eligible persons regarding needed benefits 317
and services that may be obtained through other agencies. 318
(E) As used in this section: 320
(1) "Special disabled veteran" means a veteran who is 322
entitled to, or who but for the receipt of military pay would be 323
entitled to, compensation under any law administered by the 324
department of veterans affairs for a disability rated at thirty 325
per cent or more or a person who was discharged or released from 326
active duty because of a service-connected disability. 327
(2) "Veteran of the Vietnam era" means an eligible veteran 329
who served on active duty for a period of more than one hundred 330
eighty days, any part of which occurred from August 5, 1964, 331
through May 7, 1975, and was discharged or released therefrom 332
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with other than a dishonorable discharge or a person who was 333
discharged or released from active duty for a service-connected 334
disability if any part of the active duty was performed from 335
August 5, 1964, through May 7, 1975. 336
(3) "Disabled veteran" means a veteran who is entitled to, 338
or who but for the receipt of military retirement pay would be 339
entitled to compensation, under any law administered by the 340
department of veterans affairs and who is not a special disabled 341
veteran. 342
(4) "Eligible veteran" means a person who served on active 344
duty for more than one hundred eighty days and was discharged or 345
released from active duty with other than a dishonorable 346
discharge or a person who was discharged or released from active 347
duty because of a service-connected disability. 348
(5) "Other eligible person" means one of the following: 350
(a) The spouse of any person who died of a 352
service-connected disability; 353
(b) The spouse of any member of the armed forces serving 355
on active duty who at the time of the spouse's application for 356
assistance under any program described in division (A) of this 357
section is listed pursuant to the act of September 6, 1966, 80 358
Stat. 629, 37 U.S.C.A. 556, and the regulations issued pursuant 359
thereto, as having been in one or more of the following 360
categories for a total of ninety or more days: 361
(i) Missing in action; 363
(ii) Captured in line of duty by a hostile force; 365
(iii) Forcibly detained or interned in line of duty by a 367
foreign government or power. 368
(c) The spouse of any person who has a total disability 370
permanent in nature resulting from a service-connected disability 371
or the spouse of a veteran who died while such a disability was 372
in existence. 373
(6) "Veteran" means any EITHER OF THE FOLLOWING: 375
(a) ANY person who was a member of the armed forces of the 378
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United States for a period of one hundred eighty days or more or 379
a person who was discharged or released from active duty because 380
of a service-connected disability.;
(b) A PERSON WHO SERVED AS A MEMBER OF THE UNITED STATES 383
MERCHANT MARINE AND TO WHOM EITHER OF THE FOLLOWING APPLIES: 384
(i) THE PERSON HAS AN HONORABLE REPORT OF SEPARATION FROM 387
ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215. 388
(ii) THE PERSON SERVED IN THE UNITED STATES MERCHANT 391
MARINE BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED 392
ON ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF 393
SERVICE.
(7) "Armed forces of the United States" means the army, 395
air force, navy, marine corps, coast guard, and any other 396
military service branch that is designated by congress as a part 397
of the armed forces of the United States. 398
(8) "Employment program" means a program which provides 400
referral of individuals to employer job openings in the federal, 401
state, or private sector. 402
(9) "Training program" means any program that upgrades the 404
employability of qualified applicants. 405
(10) "Entitlement program" means any program that enlists 407
specific criteria in determining eligibility, including but not 408
limited to the existence in special segments of the general 409
population of specific financial needs. 410
(11) "Targeted group" means a group of persons designated 412
by federal law or regulations or by state law to receive special 413
assistance under an employment and training program described in 414
division (A) of this section. 415
(12) "UNITED STATES MERCHANT MARINE" INCLUDES THE UNITED 418
STATES ARMY TRANSPORT SERVICE AND THE UNITED STATES NAVAL 419
TRANSPORT SERVICE.
Sec. 5910.01. As used in this chapter and section 5919.34 429
of the Revised Code:
(A) "Child" includes natural and adopted children and 432
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stepchildren who have not been legally adopted by the veteran
parent provided that the relationship between the stepchild and 433
the veteran parent meets the following criteria: 434
(1) The veteran parent is married to the child's natural 436
or adoptive parent at the time application for a scholarship 437
granted under this chapter is made; or if the veteran parent is 438
deceased, the child's natural or adoptive parent was married to 439
the veteran parent at the time of the veteran parent's death; 440
(2) The child resided with the veteran parent for a period 442
of not less than ten consecutive years immediately prior to 443
making application for the scholarship; or if the veteran parent 444
is deceased, the child resided with the veteran parent for a 445
period of not less than ten consecutive years immediately prior 446
to the veteran parent's death;
(3) The child received financial support from the veteran 448
parent for a period of not less than ten consecutive years 449
immediately prior to making application for the scholarship; or 450
if the veteran parent is deceased, the child received financial 451
support from the veteran parent for a period of not less than ten 452
consecutive years immediately prior to the veteran parent's
death. 453
(B) "Veteran" includes any EITHER OF THE FOLLOWING: 455
(1) ANY person who was a member of the armed services of 458
the United States for a period of ninety days or more, or who was 459
discharged from the armed services due to a disability incurred 460
while a member with less than ninety days' service, or who died 461
while a member of the armed services; provided that such service, 462
disability, or death occurred during one of the following 463
periods: April 6, 1917, to November 11, 1918; December 7, 1941, 464
to December 31, 1946; June 25, 1950, to January 31, 1955; January 466
1, 1960, to May 7, 1975; August 2, 1990, to the end of operations 467
conducted as a result of the invasion of Kuwait by Iraq, 468
including support for operation desert shield and operation 469
desert storm, as declared by the president of the United States 470
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or the congress; or any other period of conflict established by 471
the United States department of veterans affairs for pension 472
purposes.;
(2) ANY PERSON WHO SERVED AS A MEMBER OF THE UNITED STATES 475
MERCHANT MARINE AND TO WHOM EITHER OF THE FOLLOWING APPLIES: 476
(a) THE PERSON HAS AN HONORABLE REPORT OF SEPARATION FROM 478
THE ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215. 479
(b) THE PERSON SERVED IN THE UNITED STATES MERCHANT MARINE 482
BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED ON 483
ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF 484
SERVICE.
(C) "Armed services of the United States" or "United 486
States armed forces" includes the army, air force, navy, marine 488
corps, coast guard, and such other military service branch as may 489
be designated by congress as a part of the armed forces of the 490
United States.
(D) "Board" means the Ohio war orphans scholarship board 492
created by section 5910.02 of the Revised Code. 493
(E) "Disabled" means having a sixty per cent or greater 495
service-connected disability or receiving benefits for permanent 496
and total nonservice-connected disability, as determined by the 497
United States department of veterans affairs. 499
(F) "UNITED STATES MERCHANT MARINE" INCLUDES THE UNITED 502
STATES ARMY TRANSPORT SERVICE AND THE UNITED STATES NAVAL 503
TRANSPORT SERVICE.
Section 2. That existing sections 351.07, 3735.42, 505
3735.62, 5901.01, 5903.11, and 5910.01 of the Revised Code are 506
hereby repealed.