As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  S. B. No. 120  5            

      1999-2000                                                    6            


                          SENATOR WATTS                            8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 5.23, 4503.571, 5901.02, 5901.07,   12           

                and 5902.02 and to enact sections 3301.25 and      13           

                5902.10 of the Revised Code to require members of  14           

                county veterans service commissions and county                  

                veterans service officers to file a copy of their  15           

                discharge certificates with the Governor's Office  16           

                of Veterans Affairs; to designate November 10 of   17           

                each year as "Veterans Educate Today's Students    18           

                Day"; to require the Department of Education to                 

                distribute to school libraries a book and          19           

                videotape relating to the Ohio Veterans Plaza; to  20           

                require the payment of the existing additional     21           

                $10 fee in connection with a Purple Heart special               

                license plate only when a license plate is issued  22           

                and to eliminate the payment of the additional     23           

                fee when the Purple Heart special license plate    24           

                is renewed; and to require that Ohio burgees                    

                placed in the Ohio Veterans Plaza be flown         25           

                continuously from each May 6 to December 8.        26           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        28           

      Section 1.  That sections 5.23, 4503.571, 5901.02, 5901.07,  30           

and 5902.02 be amended and sections 3301.25 and 5902.10 of the     31           

Revised Code be enacted to read as follows:                        32           

      Sec. 5.23.  (A)  The twelfth day of February, known as       41           

Lincoln's birthday, the twenty-second day of February, known as    43           

Washington's birthday, the thirtieth day of May, known as          44           

                                                          2      


                                                                 
Memorial day, and the eleventh day of November, known as                        

Veterans' day, shall be commemorated in the schools.               45           

      (B)  THE TENTH DAY OF NOVEMBER IS DESIGNATED AS "VETERANS    47           

EDUCATE TODAY'S STUDENTS DAY" OR "V.E.T.S. DAY."  EACH ELEMENTARY  49           

AND SECONDARY SCHOOL IN THIS STATE IS ENCOURAGED TO COMMEMORATE    50           

AND OBSERVE THIS DAY BY INVITING VETERANS, ON OR ABOUT THIS DAY,                

TO VISIT THE SCHOOL AND DISCUSS THEIR MILITARY EXPERIENCES WITH    51           

THE STUDENTS OF THE SCHOOL.                                        52           

      Sec. 3301.25.  THE DEPARTMENT OF EDUCATION SHALL DISTRIBUTE  54           

TO THE LIBRARY OF EACH SECONDARY SCHOOL IN THIS STATE A COPY OF    55           

THE BOOK "LETTERS HOME:  THE LETTERS OF THE OHIO VETERANS PLAZA"   60           

AND A VIDEOTAPE OF THE OHIO VETERANS PLAZA DEDICATION.             61           

      Sec. 4503.571.  Any person who has been awarded the purple   70           

heart may apply to the registrar of motor vehicles for the         71           

registration of one passenger car, noncommercial motor vehicle,    72           

recreational vehicle, or other vehicle of a class approved by the  73           

registrar that the person owns or leases.  The application shall   74           

be accompanied by such documentary evidence in support of the      75           

award as the registrar may require.  The application may be        76           

combined with a request for a special reserved license plate       77           

under section 4503.40 or 4503.42 of the Revised Code.              78           

      Upon receipt of an application for registration of a motor   80           

vehicle under this section and the required taxes and fees, and    81           

UPON presentation of the required supporting evidence of the       82           

award of the purple heart, the registrar shall issue to the        84           

applicant the appropriate motor vehicle registration and a set of  85           

license plates and a validation sticker, or a validation sticker   86           

alone when required by section 4503.191 of the Revised Code.       87           

      In addition to the letters and numbers ordinarily inscribed  89           

thereon ON THE LICENSE PLATES, the license plates shall be         91           

inscribed with the words "PURPLE HEART."  The license plates       92           

shall bear county identification stickers that identify the                     

county of registration by name or number.                          93           

      The license plates and validation stickers shall be issued   95           

                                                          3      


                                                                 
upon payment of the regular license fee required by section        96           

4503.04 of the Revised Code, payment of any local motor vehicle    97           

license tax levied under Chapter 4504. of the Revised Code,        98           

payment of an additional fee of ten dollars ONLY WHEN A LICENSE    99           

PLATE IS ISSUED, and compliance with all other applicable laws     100          

relating to the registration of motor vehicles.  If the            101          

application is combined with a request for a special reserved                   

license plate under section 4503.40 or 4503.42 of the Revised      102          

Code, the license plates and validation sticker shall be issued    103          

upon payment of the fees and taxes referred to in this section     104          

and the additional fee prescribed under section 4503.40 or         105          

4503.42 of the Revised Code.  The additional fee of ten dollars    106          

shall be for the purpose of compensating the bureau of motor                    

vehicles for additional services required in the issuing of        108          

license plates under this section and shall be transmitted by the  109          

registrar to the treasurer of state for deposit into the state     110          

treasury to the credit of the state bureau of motor vehicles fund  111          

created by section 4501.25 of the Revised Code.  NO ADDITIONAL     112          

FEE SHALL BE CHARGED WHEN A VALIDATION STICKER ALONE IS ISSUED.    113          

      No person who is not a recipient of the purple heart shall   115          

willfully and falsely represent that the person is a recipient of  116          

a purple heart for the purpose of obtaining license plates under   117          

this section.  No person shall own a motor vehicle bearing         118          

license plates under this section unless the person is eligible    119          

to be issued such THOSE license plates.                            120          

      Sec. 5901.02.  In each county there shall be a commission    129          

known as "the veterans service commission" composed of five        130          

persons.  Such THOSE persons shall be residents of the county and  132          

shall be appointed to five-year terms by a judge of the court of   133          

common pleas.  At the time of his appointment or reappointment to  135          

the commission, no commission member shall be an employee of the                

commission or hold an elective or other appointive office of the   136          

county served by the commission.                                   137          

      Each person on MEMBER OF the commission shall be an          139          

                                                          4      


                                                                 
honorably discharged or honorably separated veteran.  WITHIN       141          

SIXTY DAYS AFTER THE DATE OF APPOINTMENT, EACH MEMBER OF THE       142          

COMMISSION SHALL FILE THE MEMBER'S FORM DD214, DISCHARGE           143          

CERTIFICATE, AND AN AUTHORIZATION FOR RELEASE OF INFORMATION       144          

CONTAINED IN THE FORM, WITH THE GOVERNOR'S OFFICE OF VETERANS                   

AFFAIRS.  Appointments to the commission shall be made from lists  146          

of recommended persons, in the manner specified in the following   148          

paragraph.  One person shall be a representative recommended by    149          

the American Legion; one person shall be a representative          150          

recommended by the Veterans of Foreign Wars; one person shall be   151          

a representative recommended by the Disabled American Veterans;    152          

one person shall be a representative recommended by the AMVETS,;   153          

and one person shall be a representative recommended by the        154          

Military Order of the Purple Heart of the U.S.A. or the Vietnam    155          

Veterans of America.  If any such organization has no post or      156          

chapter located in the county, the appointment shall be made from  157          

lists of recommended persons submitted by posts or chapters of     158          

any other congressionally chartered veterans organizations         159          

located in the county.  If no such other organizations have posts  160          

or chapters located in the county, the judge DESCRIBED IN THE                   

FOLLOWING PARAGRAPH may appoint any qualified veteran to           162          

represent the veteran community.                                                

      On or before the fifteenth day of October of each year, the  164          

judge of the court of common pleas who is responsible for making   165          

appointments to the commission shall notify each post or chapter,  166          

of each organization within the county from which the member may   167          

or must be appointed that it may submit a list containing three    168          

recommendations of persons who are eligible for appointment.  If                

the judge does not receive any recommendations within sixty days   169          

after providing the required notification, he THE JUDGE may        170          

appoint any qualified veteran to represent the veteran community.  172          

The judge shall make the appointment on or before the fifteenth    173          

day of January of each year.  Vacancies occurring on the                        

commission shall be filled in the same manner as the original      174          

                                                          5      


                                                                 
appointments.                                                                   

      Beginning in the year 2000, appointments to the commission   176          

shall be made as follows:                                          177          

      (A)  Appointments for members to represent the American      179          

Legion shall be made for terms to commence in years ending in      180          

zero and five.                                                                  

      (B)  Appointments for members to represent the veterans      183          

VETERANS of Foreign Wars shall be made for terms to commence in    184          

years ending in one and six.                                                    

      (C)  Appointments for members to represent the Disabled      186          

American Veterans shall be made for terms to commence in years     187          

ending in two and seven.                                                        

      (D)  Appointments for members to represent the AMVETS shall  189          

be made for terms to commence in years ending in three and eight.  190          

      (E)  Appointments for members to represent the Military      192          

Order of the Purple Heart of the U.S.A. or the Vietnam Veterans    193          

of America shall be made for terms to commence in years ending in  194          

four and nine.                                                                  

      The terms immediately preceding the initial appointments     196          

made under divisions (A) to (E) of this section may be for         197          

periods of less than five years.                                                

      Sec. 5901.07.  The veterans service commission shall employ  206          

one or more county veterans service officers, one of whom may act  207          

as executive director.  Each SERVICE officer shall be a veteran.   208          

WITHIN SIXTY DAYS AFTER THE DATE OF INITIAL EMPLOYMENT, EACH       209          

SERVICE OFFICER SHALL FILE A COPY OF THE OFFICER'S FORM DD214,     210          

DISCHARGE CERTIFICATE, AND AN AUTHORIZATION FOR RELEASE OF         211          

INFORMATION CONTAINED IN THE FORM, WITH THE GOVERNOR'S OFFICE OF   212          

VETERANS AFFAIRS.  Each SERVICE OFFICER shall be employed in the   213          

classified service and is exempt from civil service examination.   214          

The duties of these SERVICE officers are to SHALL advise and       216          

assist present and former members of the armed forces of the       218          

United States, veterans, and their spouses, surviving spouses,     219          

children, parents, and dependents in presenting claims or          220          

                                                          6      


                                                                 
obtaining rights or benefits under any law of the United States    221          

or of this state.                                                               

      The commission shall employ each service officer on a part-  224          

or full-time basis and fix his THE OFFICER'S compensation.  No     225          

county commissioner or member of the veterans service commission   226          

shall be employed as a service officer.  The                       227          

      THE commission shall employ the necessary clerks,            230          

stenographers, and other personnel to assist the service officer   231          

OFFICERS in the performance of duties and SHALL fix their          232          

compensation.  Each of these employees shall be a veteran or, if   233          

a qualified veteran is not available, the spouse, surviving        234          

spouse, child, or parent of a veteran.  Each OF THESE EMPLOYEES    235          

shall be employed in the classified service and is exempt from     237          

civil service examination.  The                                                 

      THE board of county commissioners, upon the recommendation   240          

or approval of the VETERANS SERVICE commission, may provide        241          

suitable office space, supplies, and office and incidental         242          

expenses for each service officer.  The compensation of the EACH   243          

service officer and of any employee and any expenses incurred      244          

under this section shall be paid out of funds appropriated to the  245          

commission, as provided in section 5901.11 of the Revised Code.    246          

      Sec. 5902.02.  The duties of the director of the governor's  255          

office of veterans affairs shall include the following:            256          

      (A)  Furnishing the veterans service commissions of all      258          

counties of the state copies of the state laws, rules, and         259          

legislation relating to the operation of the commissions and       260          

their offices;                                                     261          

      (B)  Upon application, assisting the general public in       263          

obtaining records of vital statistics pertaining to veterans or    264          

their dependents;                                                  265          

      (C)  Promulgating ADOPTING rules pursuant to Chapter 119.    267          

of the Revised Code pertaining to minimum qualifications for       268          

hiring, certifying, and accrediting county veterans service        269          

officers and pertaining to their required duties;                  270          

                                                          7      


                                                                 
      (D)  Promulgating ADOPTING rules pursuant to Chapter 119.    272          

of the Revised Code for the education, training, certification,    273          

and duties of veterans service commissioners;                      274          

      (E)  Developing and monitoring programs and agreements       276          

enhancing employment and training for veterans in single or        277          

multiple county areas;                                             278          

      (F)  Developing and monitoring programs and agreements to    280          

enable county veterans service commissions to address              281          

homelessness, indigency, and other veteran-related issues          282          

individually or jointly;                                           283          

      (G)  Developing and monitoring programs and agreements to    285          

enable state agencies, individually or jointly, that provide       286          

services to veterans, including the Ohio veterans' home and the    287          

Ohio bureau of employment services, to address homelessness,       289          

indigency, employment, and other veteran-related issues;           290          

      (H)  Establishing and providing statistical reporting        292          

formats and procedures for county veterans service commissions;    293          

      (I)  Publishing annually, promulgating change notices for,   295          

and distributing a listing of county veterans service officers,    296          

county veterans service commissioners, state directors of          297          

veterans affairs, and national and state service officers of       298          

accredited veterans organizations and their state headquarters.    299          

The listing shall include the expiration dates of commission       300          

members' terms of office and the organizations they represent;     301          

the names, addresses, and telephone numbers of county veterans     302          

service officers and state directors of veterans affairs; and the  303          

addresses and telephone numbers of the Ohio offices and            304          

headquarters of state and national veterans service                305          

organizations.                                                     306          

      (J)  Publishing, by the first day of April of each           308          

odd-numbered year, a directory of Ohio THE laws OF THIS STATE      310          

dealing with veterans, as enacted through the conclusion of the    311          

previous session of the general assembly, and distributing the     312          

publication to each county veterans service office and the state   313          

                                                          8      


                                                                 
headquarters of each congressionally chartered veterans            314          

organization in the state;                                         315          

      (K)  Establishing a veterans advisory committee to advise    317          

and assist the governor's office of veterans affairs in its        318          

duties.  Members shall include a state representative of           319          

congressionally chartered veterans organizations referred to in    320          

section 5901.02 of the Revised Code, a representative of any       321          

other congressionally chartered state veterans organization that   322          

has at least one veterans service commissioner in the state,       323          

three representatives of the Ohio state association of county      324          

veterans service commissioners, who shall have a combined vote of  325          

one, three representatives of the state association of county      326          

veterans service officers, who shall have a combined vote of one,  327          

one representative of the county commissioners association of      328          

Ohio, who shall be a county commissioner not from the same county  329          

as any of the other county representatives, and a representative   330          

of the office of the attorney general.  The governor's office of   331          

veterans affairs shall submit to the advisory committee proposed   333          

rules for the committee's operation.  The committee may review     334          

and revise these proposed rules prior to submitting them to the    335          

joint committee on agency rule review.                                          

      (L)  Promulgating ADOPTING, with the advice and assistance   337          

of the veterans advisory committee, policy and procedural          339          

guidelines, which THAT the veterans service commissions shall      340          

adhere to in the development and implementation of rules,          343          

policies, procedures, and guidelines for the administration of     344          

Chapter 5901. of the Revised Code.  The governor's office of       345          

veterans affairs shall promulgate ADOPT no guidelines or rules     346          

regulating the purposes, scope, duration, or amounts of financial  348          

assistance provided to applicants pursuant to sections 5901.01 to  349          

5901.15 of the Revised Code.  The director of the governor's       350          

office of veterans affairs may obtain opinions from the office of  351          

the attorney general regarding rules, policies, procedures, and    352          

guidelines of the veterans service commissions and may enforce     353          

                                                          9      


                                                                 
compliance with Chapter 5901. of the Revised Code.                 354          

      (M)  RECEIVING COPIES OF FORM DD214, DISCHARGE               356          

CERTIFICATES, AND AUTHORIZATIONS FOR RELEASE OF INFORMATION        357          

CONTAINED IN THE FORMS, FROM MEMBERS OF VETERANS SERVICE           358          

COMMISSIONS APPOINTED UNDER SECTION 5901.02 AND FROM COUNTY        359          

VETERANS SERVICE OFFICERS EMPLOYED UNDER SECTION 5901.07 OF THE                 

REVISED CODE;                                                                   

      (N)  Taking any other actions required by this chapter.      361          

      Sec. 5902.10.  OHIO BURGEES PLACED IN THE OHIO VETERANS      363          

PLAZA, LOCATED ADJACENT TO THE EAST SIDE OF THE SENATE BUILDING,   365          

SHALL BE FLOWN CONTINUOUSLY FROM THE SIXTH DAY OF MAY TO THE       366          

EIGHTH DAY OF DECEMBER OF EACH YEAR.                               367          

      Section 2.  That existing sections 5.23, 4503.571, 5901.02,  369          

5901.07, and 5902.02 of the Revised Code are hereby repealed.      370          

      Section 3.  Each member of a county veterans service         372          

commission appointed under section 5901.02 of the Revised Code,    373          

as amended by this act, and each county veterans service officer   374          

appointed under section 5901.07 of the Revised Code, as amended    375          

by this act, who is serving on the effective date of this act      376          

shall file, within 60 days after that date, with the Governor's    377          

Office of Veterans Affairs, the member's or officer's Form DD214,  378          

Discharge Certificate, and an authorization for release of         379          

information contained in the form.                                 380