As Passed by the House                        1            

123rd General Assembly                                             4            

   Regular Session                         Am. 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-SCHURING-HAINES-      10           

  HARTNETT-OGG-CAREY-NETZLEY-BUCHY-D.MILLER-WILLAMOWSKI-EVANS-     11           

  SALERNO-METZGER-YOUNG-HARRIS-GRENDELL-PADGETT-SUTTON-DISTEL-     12           

    VERICH-PERRY-GERBERRY-CORBIN-DAMSCHRODER-BENDER-MOTTLEY-       14           

  WOMER BENJAMIN-CALLENDER-CORE-CALVERT-WILSON-CATES-FERDERBER-                 

      STAPLETON-TAYLOR-PATTON-GOODING-LOGAN-HOOPS-O'BRIEN-         15           

               OLMAN-COUGHLIN-TERWILLEGER-BUEHRER                  16           


_________________________________________________________________   17           

                          A   B I L L                                           

             To amend sections 351.07, 3735.42, 3735.62, 5901.01,  19           

                5903.11, and 5910.01 of the Revised Code to        20           

                include in the definition of veteran for certain                

                purposes an individual who served as a member of   21           

                the United States Merchant Marine, Army Transport  22           

                Service, or Naval Transport Service and either                  

                has an honorable report of separation from the     23           

                active duty military service or died on active                  

                duty while serving in a war zone during World War  24           

                II.                                                             




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        26           

      Section 1.  That sections 351.07, 3735.42, 3735.62,          28           

5901.01, 5903.11, and 5910.01 of the Revised Code be amended to    29           

read as follows:                                                                

      Sec. 351.07.  (A)(1)  A convention facilities authority      38           

shall employ and fix the qualifications, duties, and compensation  39           

of employees and enter into contracts for professional services    40           

as it may require to conduct the business of the authority,        41           

                                                          2      


                                                                 
provided that no full-time employees shall be employed until the   42           

authority adopts and implements a policy regarding hiring          43           

preferences for veterans.  "THE AUTHORITY AT ANY TIME MAY SUSPEND  44           

OR DISMISS ANY EMPLOYEE OR TERMINATE ANY CONTRACT FOR              45           

PROFESSIONAL SERVICES.                                                          

      (2)  "Veteran" means an EITHER OF THE FOLLOWING:             47           

      (a)  AN individual who has served in the active military or  50           

naval service of the United States, and who was discharged or      51           

released under circumstances other than dishonorable.  Any         52           

employee may be suspended or dismissed, and any contract for       53           

professional services may be terminated at any time by the         54           

authority.;                                                                     

      (b)  AN INDIVIDUAL WHO HAS SERVED AS A MEMBER OF THE UNITED  57           

STATES MERCHANT MARINE AND TO WHOM EITHER OF THE FOLLOWING         58           

APPLIES:                                                                        

      (i)  THE INDIVIDUAL HAS AN HONORABLE REPORT OF SEPARATION    61           

FROM THE ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215.        62           

      (ii)  THE INDIVIDUAL SERVED IN THE UNITED STATES MERCHANT    65           

MARINE BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED   66           

ON ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF   67           

SERVICE.                                                                        

      (3)  "UNITED STATES MERCHANT MARINE" INCLUDES THE UNITED     70           

STATES ARMY TRANSPORT SERVICE AND THE UNITED STATES NAVAL          71           

TRANSPORT SERVICE.                                                              

      (B)  A convention facilities authority may provide for the   73           

administration and enforcement of the laws of the state by         74           

employing special policemen POLICE OFFICERS, and may seek the      75           

assistance of other appropriate law enforcement officers to        76           

enforce its rules and maintain order.  Special policemen POLICE    78           

OFFICERS employed by an authority shall serve as a security force  79           

with respect to the property, grounds, buildings, equipment, and   80           

facilities under the authority's control to protect the            81           

authority's property, suppress nuisances and disturbances and      82           

breaches of the peace, and enforce laws for the preservation of    83           

                                                          3      


                                                                 
good order.  In performing their duties, special policemen POLICE  84           

OFFICERS are vested with the same powers of arrest as police       86           

officers are given under divisions (A) and (B) of section 2935.03  87           

of the Revised Code while on the grounds of the authority's        88           

facilities, and under division (D) of such section when off of     89           

the grounds of the authority's facilities.                                      

      Sec. 3735.42.  (A)  Except as provided in any contract for   98           

financial assistance with the federal government in the selection  100          

of tenants for housing projects, a metropolitan housing authority  101          

shall give preference, as among applicants equally in need and     102          

eligible for occupancy of the dwelling and at the rent involved,   103          

to families of veterans and servicemen PERSONS SERVING IN THE      104          

ACTIVE MILITARY OR NAVAL SERVICE OF THE UNITED STATES, including   105          

families of deceased veterans or servicemen DECEASED PERSONS WHO   106          

WERE SO SERVING AT THE TIME OF DEATH.                              107          

      (B)  As used in this section:                                109          

      (A)(1)  "Veteran" means a EITHER OF THE FOLLOWING:           111          

      (a)  A person who has served in the active military or       114          

naval service of the United States and who was discharged or       115          

released therefrom under conditions other than dishonorable.       116          

      (B)  "Servicemen" means a person serving in the active       118          

military or naval service of the United States.;                   119          

      (b)  A PERSON WHO SERVED AS A MEMBER OF THE UNITED STATES    122          

MERCHANT MARINE AND TO WHOM EITHER OF THE FOLLOWING APPLIES:       123          

      (i)  THE PERSON HAS AN HONORABLE REPORT OF SEPARATION FROM   126          

ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215.                 127          

      (ii)  THE PERSON SERVED IN THE UNITED STATES MERCHANT        130          

MARINE BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED   131          

ON ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF   132          

SERVICE.                                                                        

      (2)  "UNITED STATES MERCHANT MARINE" INCLUDES THE UNITED     135          

STATES ARMY TRANSPORT SERVICE AND THE UNITED STATES NAVAL          136          

TRANSPORT SERVICE.                                                              

      Sec. 3735.62.  (A)  Any five or more veterans, all of whom   145          

                                                          4      


                                                                 
are citizens of the United States and residents of this state,     146          

may form a corporation not for profit under sections 1702.01 to    147          

1702.58, inclusive, of the Revised Code, relating to corporations  149          

not for profit, for the purpose of purchasing real property and    150          

constructing thereon residences for sale to members of such                     

corporation without any profit to the corporation, borrowing       151          

money for such purpose, and mortgaging or pledging any assets of   152          

the corporation as security therefor, and doing such other things  153          

as are appropriate in order to carry out such purpose.  The        154          

business of such corporation shall be carried on only within such  155          

municipal corporation or other political subdivision of this                    

state as is specified in the articles of incorporation.  As        156          

EXCEPT AS SPECIFIED IN THIS SECTION, SUCH CORPORATION SHALL BE     157          

GOVERNED BY SUCH SECTIONS.                                         158          

      (B)  AS used in this section, "veteran":                     160          

      (1)  "VETERAN" means any EITHER OF THE FOLLOWING:            162          

      (a)  ANY person who has served in any branch of the armed    164          

forces of the United States in or during any war in which this     166          

country has been or is engaged.  Except as specified in this       167          

section, such corporation shall be governed by such sections.;     168          

      (b)  ANY PERSON WHO HAS SERVED AS A MEMBER OF THE UNITED     171          

STATES MERCHANT MARINE AND TO WHOM EITHER OF THE FOLLOWING         172          

APPLIES:                                                                        

      (i)  THE PERSON HAS AN HONORABLE REPORT OF SEPARATION FROM   176          

THE ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215.                          

      (ii)  THE PERSON SERVED IN THE UNITED STATES MERCHANT        179          

MARINE BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED   180          

ON ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF   181          

SERVICE.                                                                        

      (2)  "UNITED STATES MERCHANT MARINE" INCLUDES THE UNITED     184          

STATES ARMY TRANSPORT SERVICE AND THE UNITED STATES NAVAL          185          

TRANSPORT SERVICE.                                                              

      Sec. 5901.01.  As used in sections 5901.01 to 5901.37 of     194          

the Revised Code:                                                               

                                                          5      


                                                                 
      (A)  Except as otherwise provided in division (B) of this    196          

section, "veteran" means a EITHER OF THE FOLLOWING:                197          

      (1)  A former member of the armed forces of the United       199          

States who served on active military duty and received an          201          

honorable discharge or honorable separation, a member of the       202          

armed forces of the United States who died on active military      203          

duty, or a member of the armed forces of the United States                      

missing in action more than ninety days.;                          204          

      (2)  A MEMBER OF THE UNITED STATES MERCHANT MARINE TO WHOM   207          

EITHER OF THE FOLLOWING APPLIES:                                                

      (a)  THE MEMBER HAS AN HONORABLE REPORT OF SEPARATION FROM   209          

THE ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215.             210          

      (b)  THE MEMBER SERVED IN THE UNITED STATES MERCHANT MARINE  213          

BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED ON       214          

ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF      215          

SERVICE.                                                                        

      (B)  As used in section 5901.08 and other sections of the    217          

Revised Code with regard to applications for financial assistance  218          

under sections 5901.02 to 5901.15 of the Revised Code, "veteran"   219          

means a EITHER OF THE FOLLOWING:                                   220          

      (1)  A person who served in the armed forces of the United   223          

States on active military duty and was discharged from the         225          

service under honorable conditions, and who either served on                    

active duty for reasons other than training or, while serving on   226          

active duty for training, incurred a disability recognized by the  227          

department of veterans affairs or department of defense as         228          

service-connected;                                                              

      (2)  A PERSON WHO SERVED IN THE UNITED STATES MERCHANT       230          

MARINE, WHO EITHER SERVED ON ACTIVE DUTY FOR REASONS OTHER THAN    232          

TRAINING OR, WHILE SERVING ON ACTIVE DUTY FOR TRAINING, INCURRED   233          

A DISABILITY RECOGNIZED BY THE DEPARTMENT OF VETERANS AFFAIRS OR   234          

DEPARTMENT OF DEFENSE AS SERVICE-CONNECTED, AND TO WHOM EITHER OF  235          

THE FOLLOWING APPLIES:                                             236          

      (a)  THE PERSON HAS AN HONORABLE REPORT OF SEPARATION FROM   238          

                                                          6      


                                                                 
THE ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215.             239          

      (b)  THE PERSON SERVED IN THE UNITED STATES MERCHANT MARINE  242          

BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED ON       243          

ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF      244          

SERVICE.                                                                        

      (C)  "Veterans plot" means a plot of land in any cemetery,   246          

set apart to be exclusively used for interring the remains of      247          

deceased veterans.                                                              

      (D)  "UNITED STATES MERCHANT MARINE" INCLUDES THE UNITED     250          

STATES ARMY TRANSPORT SERVICE AND THE UNITED STATES NAVAL          251          

TRANSPORT SERVICE.                                                              

      Sec. 5903.11.  (A)  Any federally funded employment and      260          

training program administered by any state agency including, but   261          

not limited to, the "Job Training Partnership Act," 96 Stat. 1322  262          

(1982), 29 U.S.C.A. 1501, shall include a veteran priority system  263          

to provide maximum employment and training opportunities to        264          

veterans and other eligible persons within each targeted group as  265          

established by federal law and state and federal policy in the     266          

service area.  Disabled veterans, veterans of the Vietnam era,     267          

other veterans, and other eligible persons shall receive           268          

preference over nonveterans within each targeted group in the      269          

provision of employment and training services available through    270          

these programs as required by this section.                        271          

      (B)  Each state agency shall refer qualified applicants to   273          

job openings and training opportunities in programs described in   274          

division (A) of this section in the following order of priority:   275          

      (1)  Special disabled veterans;                              277          

      (2)  Veterans of the Vietnam era;                            279          

      (3)  Disabled veterans;                                      281          

      (4)  All other veterans;                                     283          

      (5)  Other eligible persons;                                 285          

      (6)  Nonveterans.                                            287          

      (C)  Each state agency providing employment and training     289          

services to veterans and other eligible persons under programs     290          

                                                          7      


                                                                 
described in division (A) of this section shall submit an annual   291          

written report to the speaker of the house of representatives and  292          

the president of the senate on the services that it provides to    293          

veterans and other eligible persons.  Each such agency shall       294          

report separately on all entitlement programs, employment or       295          

training programs, and any other programs that it provides to      296          

each class of persons described in divisions (B)(1) to (6) of      297          

this section.  Each such agency shall also report on action taken  298          

to ensure compliance with statutory requirements.  Compliance and  299          

reporting procedures shall be in accordance with the reporting     300          

procedures then in effect for all employment and training          301          

programs described in division (A) of this section, with the       302          

addition of veterans as a separate reporting module.               303          

      (D)  All state agencies that administer federally funded     305          

employment and training programs described in division (A) of      306          

this section for veterans and other eligible persons shall do all  307          

of the following:                                                  308          

      (1)  Ensure that veterans are treated with courtesy and      310          

respect at all state governmental facilities;                      311          

      (2)  Give priority in referral to jobs to qualified          313          

veterans and other eligible persons;                               314          

      (3)  Give priority in referral to and enrollment in          316          

training programs to qualified veterans and other eligible         317          

persons;                                                           318          

      (4)  Give preferential treatment to special disabled         320          

veterans in the provision of all needed state services;            321          

      (5)  Provide information and effective referral assistance   323          

to veterans and other eligible persons regarding needed benefits   324          

and services that may be obtained through other agencies.          325          

      (E)  As used in this section:                                327          

      (1)  "Special disabled veteran" means a veteran who is       329          

entitled to, or who but for the receipt of military pay would be   330          

entitled to, compensation under any law administered by the        331          

department of veterans affairs for a disability rated at thirty    332          

                                                          8      


                                                                 
per cent or more or a person who was discharged or released from   333          

active duty because of a service-connected disability.             334          

      (2)  "Veteran of the Vietnam era" means an eligible veteran  336          

who served on active duty for a period of more than one hundred    337          

eighty days, any part of which occurred from August 5, 1964,       338          

through May 7, 1975, and was discharged or released therefrom      339          

with other than a dishonorable discharge or a person who was       340          

discharged or released from active duty for a service-connected    341          

disability if any part of the active duty was performed from       342          

August 5, 1964, through May 7, 1975.                               343          

      (3)  "Disabled veteran" means a veteran who is entitled to,  345          

or who but for the receipt of military retirement pay would be     346          

entitled to compensation, under any law administered by the        347          

department of veterans affairs and who is not a special disabled   348          

veteran.                                                           349          

      (4)  "Eligible veteran" means a person who served on active  351          

duty for more than one hundred eighty days and was discharged or   352          

released from active duty with other than a dishonorable           353          

discharge or a person who was discharged or released from active   354          

duty because of a service-connected disability.                    355          

      (5)  "Other eligible person" means one of the following:     357          

      (a)  The spouse of any person who died of a                  359          

service-connected disability;                                      360          

      (b)  The spouse of any member of the armed forces serving    362          

on active duty who at the time of the spouse's application for     363          

assistance under any program described in division (A) of this     364          

section is listed pursuant to the act "Act of September 6, 1966,"  366          

80 Stat. 629, 37 U.S.C.A. 556, and the regulations issued          367          

pursuant thereto, as having been in one or more of the following   368          

categories for a total of ninety or more days:                     369          

      (i)  Missing in action;                                      371          

      (ii)  Captured in line of duty by a hostile force;           373          

      (iii)  Forcibly detained or interned in line of duty by a    375          

foreign government or power.                                       376          

                                                          9      


                                                                 
      (c)  The spouse of any person who has a total disability     378          

permanent in nature resulting from a service-connected disability  379          

or the spouse of a veteran who died while such a disability was    380          

in existence.                                                      381          

      (6)  "Veteran" means any EITHER OF THE FOLLOWING:            383          

      (a)  ANY person who was a member of the armed forces of the  386          

United States for a period of one hundred eighty days or more or   387          

a person who was discharged or released from active duty because   388          

of a service-connected disability.;                                             

      (b)  A PERSON WHO SERVED AS A MEMBER OF THE UNITED STATES    391          

MERCHANT MARINE AND TO WHOM EITHER OF THE FOLLOWING APPLIES:       392          

      (i)  THE PERSON HAS AN HONORABLE REPORT OF SEPARATION FROM   395          

ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215.                 396          

      (ii)  THE PERSON SERVED IN THE UNITED STATES MERCHANT        399          

MARINE BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED   400          

ON ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF   401          

SERVICE.                                                                        

      (7)  "Armed forces of the United States" means the army,     403          

air force, navy, marine corps, coast guard, and any other          404          

military service branch that is designated by congress as a part   405          

of the armed forces of the United States.                          406          

      (8)  "Employment program" means a program which provides     408          

referral of individuals to employer job openings in the federal,   409          

state, or private sector.                                          410          

      (9)  "Training program" means any program that upgrades the  412          

employability of qualified applicants.                             413          

      (10)  "Entitlement program" means any program that enlists   415          

specific criteria in determining eligibility, including but not    416          

limited to the existence in special segments of the general        417          

population of specific financial needs.                            418          

      (11)  "Targeted group" means a group of persons designated   420          

by federal law or regulations or by state law to receive special   421          

assistance under an employment and training program described in   422          

division (A) of this section.                                      423          

                                                          10     


                                                                 
      (12)  "UNITED STATES MERCHANT MARINE" INCLUDES THE UNITED    426          

STATES ARMY TRANSPORT SERVICE AND THE UNITED STATES NAVAL          427          

TRANSPORT SERVICE.                                                              

      Sec. 5910.01.  As used in this chapter and section 5919.34   437          

of the Revised Code:                                                            

      (A)  "Child" includes natural and adopted children and       440          

stepchildren who have not been legally adopted by the veteran                   

parent provided that the relationship between the stepchild and    441          

the veteran parent meets the following criteria:                   442          

      (1)  The veteran parent is married to the child's natural    444          

or adoptive parent at the time application for a scholarship       445          

granted under this chapter is made; or if the veteran parent is    446          

deceased, the child's natural or adoptive parent was married to    447          

the veteran parent at the time of the veteran parent's death;      448          

      (2)  The child resided with the veteran parent for a period  450          

of not less than ten consecutive years immediately prior to        451          

making application for the scholarship; or if the veteran parent   452          

is deceased, the child resided with the veteran parent for a       453          

period of not less than ten consecutive years immediately prior    454          

to the veteran parent's death;                                                  

      (3)  The child received financial support from the veteran   456          

parent for a period of not less than ten consecutive years         457          

immediately prior to making application for the scholarship; or    458          

if the veteran parent is deceased, the child received financial    459          

support from the veteran parent for a period of not less than ten  460          

consecutive years immediately prior to the veteran parent's                     

death.                                                             461          

      (B)  "Veteran" includes any EITHER OF THE FOLLOWING:         463          

      (1)  ANY person who was a member of the armed services of    466          

the United States for a period of ninety days or more, or who was  467          

discharged from the armed services due to a disability incurred    468          

while a member with less than ninety days' service, or who died    469          

while a member of the armed services; provided that such service,  470          

disability, or death occurred during one of the following          471          

                                                          11     


                                                                 
periods:  April 6, 1917, to November 11, 1918; December 7, 1941,   472          

to December 31, 1946; June 25, 1950, to January 31, 1955; January  474          

1, 1960, to May 7, 1975; August 2, 1990, to the end of operations  475          

conducted as a result of the invasion of Kuwait by Iraq,           476          

including support for operation desert shield and operation        477          

desert storm, as declared by the president of the United States    478          

or the congress; or any other period of conflict established by    479          

the United States department of veterans affairs for pension       480          

purposes.;                                                                      

      (2)  ANY PERSON WHO SERVED AS A MEMBER OF THE UNITED STATES  483          

MERCHANT MARINE AND TO WHOM EITHER OF THE FOLLOWING APPLIES:       484          

      (a)  THE PERSON HAS AN HONORABLE REPORT OF SEPARATION FROM   486          

THE ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215.             487          

      (b)  THE PERSON SERVED IN THE UNITED STATES MERCHANT MARINE  490          

BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED ON       491          

ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF      492          

SERVICE.                                                                        

      (C)  "Armed services of the United States" or "United        494          

States armed forces" includes the army, air force, navy, marine    496          

corps, coast guard, and such other military service branch as may  497          

be designated by congress as a part of the armed forces of the     498          

United States.                                                                  

      (D)  "Board" means the Ohio war orphans scholarship board    500          

created by section 5910.02 of the Revised Code.                    501          

      (E)  "Disabled" means having a sixty per cent or greater     503          

service-connected disability or receiving benefits for permanent   504          

and total nonservice-connected disability, as determined by the    505          

United States department of veterans affairs.                      507          

      (F)  "UNITED STATES MERCHANT MARINE" INCLUDES THE UNITED     510          

STATES ARMY TRANSPORT SERVICE AND THE UNITED STATES NAVAL          511          

TRANSPORT SERVICE.                                                              

      Section 2.  That existing sections 351.07, 3735.42,          513          

3735.62, 5901.01, 5903.11, and 5910.01 of the Revised Code are     514          

hereby repealed.