As Passed by the Senate 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- 17
SENATORS SCHAFRATH-SPADA-LATELL-WHITE-HERINGTON- 17
GARDNER-WATTS-LATTA-HORN-OELSLAGER 18
_________________________________________________________________ 20
A B I L L
To amend sections 351.07, 3735.42, 3735.62, 5901.01, 22
5903.11, and 5910.01 of the Revised Code to 23
include in the definition of veteran for certain
purposes an individual who served as a member of 24
the United States Merchant Marine, Army Transport 25
Service, or Naval Transport Service and either
has an honorable report of separation from the 26
active duty military service or died on active
duty while serving in a war zone during World War 27
II.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 351.07, 3735.42, 3735.62, 31
5901.01, 5903.11, and 5910.01 of the Revised Code be amended to 32
read as follows:
Sec. 351.07. (A)(1) A convention facilities authority 41
shall employ and fix the qualifications, duties, and compensation 42
2
of employees and enter into contracts for professional services 43
as it may require to conduct the business of the authority, 44
provided that no full-time employees shall be employed until the 45
authority adopts and implements a policy regarding hiring 46
preferences for veterans. "THE AUTHORITY AT ANY TIME MAY SUSPEND 47
OR DISMISS ANY EMPLOYEE OR TERMINATE ANY CONTRACT FOR 48
PROFESSIONAL SERVICES.
(2) "Veteran" means an EITHER OF THE FOLLOWING: 50
(a) AN individual who has served in the active military or 53
naval service of the United States, and who was discharged or 54
released under circumstances other than dishonorable. Any 55
employee may be suspended or dismissed, and any contract for 56
professional services may be terminated at any time by the 57
authority.;
(b) AN INDIVIDUAL WHO HAS SERVED AS A MEMBER OF THE UNITED 60
STATES MERCHANT MARINE AND TO WHOM EITHER OF THE FOLLOWING 61
APPLIES:
(i) THE INDIVIDUAL HAS AN HONORABLE REPORT OF SEPARATION 64
FROM THE ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215. 65
(ii) THE INDIVIDUAL SERVED IN THE UNITED STATES MERCHANT 68
MARINE BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED 69
ON ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF 70
SERVICE.
(3) "UNITED STATES MERCHANT MARINE" INCLUDES THE UNITED 73
STATES ARMY TRANSPORT SERVICE AND THE UNITED STATES NAVAL 74
TRANSPORT SERVICE.
(B) A convention facilities authority may provide for the 76
administration and enforcement of the laws of the state by 77
employing special policemen POLICE OFFICERS, and may seek the 78
assistance of other appropriate law enforcement officers to 79
enforce its rules and maintain order. Special policemen POLICE 81
OFFICERS employed by an authority shall serve as a security force 82
with respect to the property, grounds, buildings, equipment, and 83
facilities under the authority's control to protect the 84
3
authority's property, suppress nuisances and disturbances and 85
breaches of the peace, and enforce laws for the preservation of 86
good order. In performing their duties, special policemen POLICE 87
OFFICERS are vested with the same powers of arrest as police 89
officers are given under divisions (A) and (B) of section 2935.03 90
of the Revised Code while on the grounds of the authority's 91
facilities, and under division (D) of such section when off of 92
the grounds of the authority's facilities.
Sec. 3735.42. (A) Except as provided in any contract for 101
financial assistance with the federal government in the selection 103
of tenants for housing projects, a metropolitan housing authority 104
shall give preference, as among applicants equally in need and 105
eligible for occupancy of the dwelling and at the rent involved, 106
to families of veterans and servicemen PERSONS SERVING IN THE 107
ACTIVE MILITARY OR NAVAL SERVICE OF THE UNITED STATES, including 108
families of deceased veterans or servicemen DECEASED PERSONS WHO 109
WERE SO SERVING AT THE TIME OF DEATH. 110
(B) As used in this section: 112
(A)(1) "Veteran" means a EITHER OF THE FOLLOWING: 114
(a) A person who has served in the active military or 117
naval service of the United States and who was discharged or 118
released therefrom under conditions other than dishonorable. 119
(B) "Servicemen" means a person serving in the active 121
military or naval service of the United States.; 122
(b) A PERSON WHO SERVED AS A MEMBER OF THE UNITED STATES 125
MERCHANT MARINE AND TO WHOM EITHER OF THE FOLLOWING APPLIES: 126
(i) THE PERSON HAS AN HONORABLE REPORT OF SEPARATION FROM 129
ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215. 130
(ii) THE PERSON SERVED IN THE UNITED STATES MERCHANT 133
MARINE BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED 134
ON ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF 135
SERVICE.
(2) "UNITED STATES MERCHANT MARINE" INCLUDES THE UNITED 138
STATES ARMY TRANSPORT SERVICE AND THE UNITED STATES NAVAL 139
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TRANSPORT SERVICE.
Sec. 3735.62. (A) Any five or more veterans, all of whom 148
are citizens of the United States and residents of this state, 149
may form a corporation not for profit under sections 1702.01 to 150
1702.58, inclusive, of the Revised Code, relating to corporations 152
not for profit, for the purpose of purchasing real property and 153
constructing thereon residences for sale to members of such
corporation without any profit to the corporation, borrowing 154
money for such purpose, and mortgaging or pledging any assets of 155
the corporation as security therefor, and doing such other things 156
as are appropriate in order to carry out such purpose. The 157
business of such corporation shall be carried on only within such 158
municipal corporation or other political subdivision of this
state as is specified in the articles of incorporation. As 159
EXCEPT AS SPECIFIED IN THIS SECTION, SUCH CORPORATION SHALL BE 160
GOVERNED BY SUCH SECTIONS. 161
(B) AS used in this section, "veteran": 163
(1) "VETERAN" means any EITHER OF THE FOLLOWING: 165
(a) ANY person who has served in any branch of the armed 167
forces of the United States in or during any war in which this 169
country has been or is engaged. Except as specified in this 170
section, such corporation shall be governed by such sections.; 171
(b) ANY PERSON WHO HAS SERVED AS A MEMBER OF THE UNITED 174
STATES MERCHANT MARINE AND TO WHOM EITHER OF THE FOLLOWING 175
APPLIES:
(i) THE PERSON HAS AN HONORABLE REPORT OF SEPARATION FROM 179
THE ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215.
(ii) THE PERSON SERVED IN THE UNITED STATES MERCHANT 182
MARINE BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED 183
ON ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF 184
SERVICE.
(2) "UNITED STATES MERCHANT MARINE" INCLUDES THE UNITED 187
STATES ARMY TRANSPORT SERVICE AND THE UNITED STATES NAVAL 188
TRANSPORT SERVICE.
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Sec. 5901.01. As used in sections 5901.01 to 5901.37 of 197
the Revised Code:
(A) Except as otherwise provided in division (B) of this 199
section, "veteran" means a EITHER OF THE FOLLOWING: 200
(1) A former member of the armed forces of the United 202
States who served on active military duty and received an 204
honorable discharge or honorable separation, a member of the 205
armed forces of the United States who died on active military 206
duty, or a member of the armed forces of the United States
missing in action more than ninety days.; 207
(2) A MEMBER OF THE UNITED STATES MERCHANT MARINE TO WHOM 210
EITHER OF THE FOLLOWING APPLIES:
(a) THE MEMBER HAS AN HONORABLE REPORT OF SEPARATION FROM 212
THE ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215. 213
(b) THE MEMBER SERVED IN THE UNITED STATES MERCHANT MARINE 216
BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED ON 217
ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF 218
SERVICE.
(B) As used in section 5901.08 and other sections of the 220
Revised Code with regard to applications for financial assistance 221
under sections 5901.02 to 5901.15 of the Revised Code, "veteran" 222
means a EITHER OF THE FOLLOWING: 223
(1) A person who served in the armed forces of the United 226
States on active military duty and was discharged from the 228
service under honorable conditions, and who either served on
active duty for reasons other than training or, while serving on 229
active duty for training, incurred a disability recognized by the 230
department of veterans affairs or department of defense as 231
service-connected;
(2) A PERSON WHO SERVED IN THE UNITED STATES MERCHANT 233
MARINE, WHO EITHER SERVED ON ACTIVE DUTY FOR REASONS OTHER THAN 235
TRAINING OR, WHILE SERVING ON ACTIVE DUTY FOR TRAINING, INCURRED 236
A DISABILITY RECOGNIZED BY THE DEPARTMENT OF VETERANS AFFAIRS OR 237
DEPARTMENT OF DEFENSE AS SERVICE-CONNECTED, AND TO WHOM EITHER OF 238
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THE FOLLOWING APPLIES: 239
(a) THE PERSON HAS AN HONORABLE REPORT OF SEPARATION FROM 241
THE ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215. 242
(b) THE PERSON SERVED IN THE UNITED STATES MERCHANT MARINE 245
BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED ON 246
ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF 247
SERVICE.
(C) "Veterans plot" means a plot of land in any cemetery, 249
set apart to be exclusively used for interring the remains of 250
deceased veterans.
(D) "UNITED STATES MERCHANT MARINE" INCLUDES THE UNITED 253
STATES ARMY TRANSPORT SERVICE AND THE UNITED STATES NAVAL 254
TRANSPORT SERVICE.
Sec. 5903.11. (A) Any federally funded employment and 263
training program administered by any state agency including, but 264
not limited to, the "Job Training Partnership Act," 96 Stat. 1322 265
(1982), 29 U.S.C.A. 1501, shall include a veteran priority system 266
to provide maximum employment and training opportunities to 267
veterans and other eligible persons within each targeted group as 268
established by federal law and state and federal policy in the 269
service area. Disabled veterans, veterans of the Vietnam era, 270
other veterans, and other eligible persons shall receive 271
preference over nonveterans within each targeted group in the 272
provision of employment and training services available through 273
these programs as required by this section. 274
(B) Each state agency shall refer qualified applicants to 276
job openings and training opportunities in programs described in 277
division (A) of this section in the following order of priority: 278
(1) Special disabled veterans; 280
(2) Veterans of the Vietnam era; 282
(3) Disabled veterans; 284
(4) All other veterans; 286
(5) Other eligible persons; 288
(6) Nonveterans. 290
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(C) Each state agency providing employment and training 292
services to veterans and other eligible persons under programs 293
described in division (A) of this section shall submit an annual 294
written report to the speaker of the house of representatives and 295
the president of the senate on the services that it provides to 296
veterans and other eligible persons. Each such agency shall 297
report separately on all entitlement programs, employment or 298
training programs, and any other programs that it provides to 299
each class of persons described in divisions (B)(1) to (6) of 300
this section. Each such agency shall also report on action taken 301
to ensure compliance with statutory requirements. Compliance and 302
reporting procedures shall be in accordance with the reporting 303
procedures then in effect for all employment and training 304
programs described in division (A) of this section, with the 305
addition of veterans as a separate reporting module. 306
(D) All state agencies that administer federally funded 308
employment and training programs described in division (A) of 309
this section for veterans and other eligible persons shall do all 310
of the following: 311
(1) Ensure that veterans are treated with courtesy and 313
respect at all state governmental facilities; 314
(2) Give priority in referral to jobs to qualified 316
veterans and other eligible persons; 317
(3) Give priority in referral to and enrollment in 319
training programs to qualified veterans and other eligible 320
persons; 321
(4) Give preferential treatment to special disabled 323
veterans in the provision of all needed state services; 324
(5) Provide information and effective referral assistance 326
to veterans and other eligible persons regarding needed benefits 327
and services that may be obtained through other agencies. 328
(E) As used in this section: 330
(1) "Special disabled veteran" means a veteran who is 332
entitled to, or who but for the receipt of military pay would be 333
8
entitled to, compensation under any law administered by the 334
department of veterans affairs for a disability rated at thirty 335
per cent or more or a person who was discharged or released from 336
active duty because of a service-connected disability. 337
(2) "Veteran of the Vietnam era" means an eligible veteran 339
who served on active duty for a period of more than one hundred 340
eighty days, any part of which occurred from August 5, 1964, 341
through May 7, 1975, and was discharged or released therefrom 342
with other than a dishonorable discharge or a person who was 343
discharged or released from active duty for a service-connected 344
disability if any part of the active duty was performed from 345
August 5, 1964, through May 7, 1975. 346
(3) "Disabled veteran" means a veteran who is entitled to, 348
or who but for the receipt of military retirement pay would be 349
entitled to compensation, under any law administered by the 350
department of veterans affairs and who is not a special disabled 351
veteran. 352
(4) "Eligible veteran" means a person who served on active 354
duty for more than one hundred eighty days and was discharged or 355
released from active duty with other than a dishonorable 356
discharge or a person who was discharged or released from active 357
duty because of a service-connected disability. 358
(5) "Other eligible person" means one of the following: 360
(a) The spouse of any person who died of a 362
service-connected disability; 363
(b) The spouse of any member of the armed forces serving 365
on active duty who at the time of the spouse's application for 366
assistance under any program described in division (A) of this 367
section is listed pursuant to the act "Act of September 6, 1966," 369
80 Stat. 629, 37 U.S.C.A. 556, and the regulations issued 370
pursuant thereto, as having been in one or more of the following 371
categories for a total of ninety or more days: 372
(i) Missing in action; 374
(ii) Captured in line of duty by a hostile force; 376
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(iii) Forcibly detained or interned in line of duty by a 378
foreign government or power. 379
(c) The spouse of any person who has a total disability 381
permanent in nature resulting from a service-connected disability 382
or the spouse of a veteran who died while such a disability was 383
in existence. 384
(6) "Veteran" means any EITHER OF THE FOLLOWING: 386
(a) ANY person who was a member of the armed forces of the 389
United States for a period of one hundred eighty days or more or 390
a person who was discharged or released from active duty because 391
of a service-connected disability.;
(b) A PERSON WHO SERVED AS A MEMBER OF THE UNITED STATES 394
MERCHANT MARINE AND TO WHOM EITHER OF THE FOLLOWING APPLIES: 395
(i) THE PERSON HAS AN HONORABLE REPORT OF SEPARATION FROM 398
ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215. 399
(ii) THE PERSON SERVED IN THE UNITED STATES MERCHANT 402
MARINE BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED 403
ON ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF 404
SERVICE.
(7) "Armed forces of the United States" means the army, 406
air force, navy, marine corps, coast guard, and any other 407
military service branch that is designated by congress as a part 408
of the armed forces of the United States. 409
(8) "Employment program" means a program which provides 411
referral of individuals to employer job openings in the federal, 412
state, or private sector. 413
(9) "Training program" means any program that upgrades the 415
employability of qualified applicants. 416
(10) "Entitlement program" means any program that enlists 418
specific criteria in determining eligibility, including but not 419
limited to the existence in special segments of the general 420
population of specific financial needs. 421
(11) "Targeted group" means a group of persons designated 423
by federal law or regulations or by state law to receive special 424
10
assistance under an employment and training program described in 425
division (A) of this section. 426
(12) "UNITED STATES MERCHANT MARINE" INCLUDES THE UNITED 429
STATES ARMY TRANSPORT SERVICE AND THE UNITED STATES NAVAL 430
TRANSPORT SERVICE.
Sec. 5910.01. As used in this chapter and section 5919.34 440
of the Revised Code:
(A) "Child" includes natural and adopted children and 443
stepchildren who have not been legally adopted by the veteran
parent provided that the relationship between the stepchild and 444
the veteran parent meets the following criteria: 445
(1) The veteran parent is married to the child's natural 447
or adoptive parent at the time application for a scholarship 448
granted under this chapter is made; or if the veteran parent is 449
deceased, the child's natural or adoptive parent was married to 450
the veteran parent at the time of the veteran parent's death; 451
(2) The child resided with the veteran parent for a period 453
of not less than ten consecutive years immediately prior to 454
making application for the scholarship; or if the veteran parent 455
is deceased, the child resided with the veteran parent for a 456
period of not less than ten consecutive years immediately prior 457
to the veteran parent's death;
(3) The child received financial support from the veteran 459
parent for a period of not less than ten consecutive years 460
immediately prior to making application for the scholarship; or 461
if the veteran parent is deceased, the child received financial 462
support from the veteran parent for a period of not less than ten 463
consecutive years immediately prior to the veteran parent's
death. 464
(B) "Veteran" includes any EITHER OF THE FOLLOWING: 466
(1) ANY person who was a member of the armed services of 469
the United States for a period of ninety days or more, or who was 470
discharged from the armed services due to a disability incurred 471
while a member with less than ninety days' service, or who died 472
11
while a member of the armed services; provided that such service, 473
disability, or death occurred during one of the following 474
periods: April 6, 1917, to November 11, 1918; December 7, 1941, 475
to December 31, 1946; June 25, 1950, to January 31, 1955; January 477
1, 1960, to May 7, 1975; August 2, 1990, to the end of operations 478
conducted as a result of the invasion of Kuwait by Iraq, 479
including support for operation desert shield and operation 480
desert storm, as declared by the president of the United States 481
or the congress; or any other period of conflict established by 482
the United States department of veterans affairs for pension 483
purposes.;
(2) ANY PERSON WHO SERVED AS A MEMBER OF THE UNITED STATES 486
MERCHANT MARINE AND TO WHOM EITHER OF THE FOLLOWING APPLIES: 487
(a) THE PERSON HAS AN HONORABLE REPORT OF SEPARATION FROM 489
THE ACTIVE DUTY MILITARY SERVICE, FORM DD214 OR DD215. 490
(b) THE PERSON SERVED IN THE UNITED STATES MERCHANT MARINE 493
BETWEEN DECEMBER 7, 1941, AND DECEMBER 31, 1946, AND DIED ON 494
ACTIVE DUTY WHILE SERVING IN A WAR ZONE DURING THAT PERIOD OF 495
SERVICE.
(C) "Armed services of the United States" or "United 497
States armed forces" includes the army, air force, navy, marine 499
corps, coast guard, and such other military service branch as may 500
be designated by congress as a part of the armed forces of the 501
United States.
(D) "Board" means the Ohio war orphans scholarship board 503
created by section 5910.02 of the Revised Code. 504
(E) "Disabled" means having a sixty per cent or greater 506
service-connected disability or receiving benefits for permanent 507
and total nonservice-connected disability, as determined by the 508
United States department of veterans affairs. 510
(F) "UNITED STATES MERCHANT MARINE" INCLUDES THE UNITED 513
STATES ARMY TRANSPORT SERVICE AND THE UNITED STATES NAVAL 514
TRANSPORT SERVICE.
Section 2. That existing sections 351.07, 3735.42, 516
12
3735.62, 5901.01, 5903.11, and 5910.01 of the Revised Code are 517
hereby repealed.