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
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(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
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(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.