As Reported by the Senate State and Local Government         1            

                 and Veterans Affairs Committee                    2            

123rd General Assembly                                             5            

   Regular Session                             Sub. S. B. No. 120  6            

      1999-2000                                                    7            


         SENATORS WATTS-SPADA-SCHAFRATH-LATELL-SHOEMAKER           9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 5.23, 4503.571, 5901.02, 5901.07,   13           

                and 5902.02 and to enact sections 3301.25,         14           

                5901.99, 5902.10, and 5902.15 of the Revised Code  15           

                to require members of county veterans service      16           

                commissions and county veterans service officers   17           

                to file a copy of their Form DD214 with the        18           

                Governor's Office of Veterans Affairs; to                       

                designate November 10 of each year as "Veterans    19           

                Educate Today's Students Day"; to require the      20           

                Department of Education to distribute to school    21           

                libraries a book and videotape relating to the     22           

                Ohio Veterans Plaza; to require the payment of                  

                the existing additional $10 fee in connection      23           

                with a Purple Heart special license plate only     24           

                when a license plate is issued and to eliminate                 

                the payment of the additional fee when the Purple  25           

                Heart special license plate is renewed; to make    26           

                it a misdemeanor of the first degree to                         

                misrepresent one's veteran or veteran-related      27           

                status to obtain certain benefits or financial     28           

                assistance; to create the Military Activation                   

                Task Force at specified times in the Governor's    29           

                Office of Veterans Affairs; and to require that    30           

                Ohio burgees placed in the Ohio Veterans Plaza be  31           

                flown continuously from each May 6 to December 8.  32           

                                                          2      


                                                                 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        34           

      Section 1.  That sections 5.23, 4503.571, 5901.02, 5901.07,  36           

and 5902.02 be amended and sections 3301.25, 5901.99, 5902.10,     37           

and 5902.15 of the Revised Code be enacted to read as follows:     39           

      Sec. 5.23.  (A)  The twelfth day of February, known as       48           

Lincoln's birthday, the twenty-second day of February, known as    50           

Washington's birthday, the thirtieth day of May, known as          51           

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

Veterans' day, shall be commemorated in the schools.               52           

      (B)  THE TENTH DAY OF NOVEMBER IS DESIGNATED AS "VETERANS    54           

EDUCATE TODAY'S STUDENTS DAY" OR "V.E.T.S. DAY."  EACH ELEMENTARY  56           

AND SECONDARY SCHOOL IN THIS STATE IS ENCOURAGED TO COMMEMORATE    57           

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

TO VISIT THE SCHOOL AND DISCUSS THEIR MILITARY EXPERIENCES WITH    58           

THE STUDENTS OF THE SCHOOL.                                        59           

      Sec. 3301.25.  THE DEPARTMENT OF EDUCATION SHALL DISTRIBUTE  61           

TO THE LIBRARY OF EACH SECONDARY SCHOOL IN THIS STATE A COPY OF    62           

THE BOOK "LETTERS HOME:  THE LETTERS OF THE OHIO VETERANS PLAZA"   67           

AND A VIDEOTAPE OF THE OHIO VETERANS PLAZA DEDICATION.             68           

      Sec. 4503.571.  Any person who has been awarded the purple   77           

heart may apply to the registrar of motor vehicles for the         78           

registration of one passenger car, noncommercial motor vehicle,    79           

recreational vehicle, or other vehicle of a class approved by the  80           

registrar that the person owns or leases.  The application shall   81           

be accompanied by such documentary evidence in support of the      82           

award as the registrar may require.  The application may be        83           

combined with a request for a special reserved license plate       84           

under section 4503.40 or 4503.42 of the Revised Code.              85           

      Upon receipt of an application for registration of a motor   87           

vehicle under this section and the required taxes and fees, and    88           

UPON presentation of the required supporting evidence of the       89           

award of the purple heart, the registrar shall issue to the        91           

applicant the appropriate motor vehicle registration and a set of  92           

license plates and a validation sticker, or a validation sticker   93           

                                                          3      


                                                                 
alone when required by section 4503.191 of the Revised Code.       94           

      In addition to the letters and numbers ordinarily inscribed  96           

thereon ON THE LICENSE PLATES, the license plates shall be         98           

inscribed with the words "PURPLE HEART."  The license plates       99           

shall bear county identification stickers that identify the                     

county of registration by name or number.                          100          

      The license plates and validation stickers shall be issued   102          

upon payment of the regular license fee required by section        103          

4503.04 of the Revised Code, payment of any local motor vehicle    104          

license tax levied under Chapter 4504. of the Revised Code,        105          

payment of an additional fee of ten dollars ONLY WHEN A LICENSE    106          

PLATE IS ISSUED, and compliance with all other applicable laws     107          

relating to the registration of motor vehicles.  If the            108          

application is combined with a request for a special reserved                   

license plate under section 4503.40 or 4503.42 of the Revised      109          

Code, the license plates and validation sticker shall be issued    110          

upon payment of the fees and taxes referred to in this section     111          

and the additional fee prescribed under section 4503.40 or         112          

4503.42 of the Revised Code.  The additional fee of ten dollars    113          

shall be for the purpose of compensating the bureau of motor                    

vehicles for additional services required in the issuing of        115          

license plates under this section and shall be transmitted by the  116          

registrar to the treasurer of state for deposit into the state     117          

treasury to the credit of the state bureau of motor vehicles fund  118          

created by section 4501.25 of the Revised Code.  NO ADDITIONAL     119          

FEE SHALL BE CHARGED WHEN A VALIDATION STICKER ALONE IS ISSUED.    120          

      No person who is not a recipient of the purple heart shall   122          

willfully and falsely represent that the person is a recipient of  123          

a purple heart for the purpose of obtaining license plates under   124          

this section.  No person shall own a motor vehicle bearing         125          

license plates under this section unless the person is eligible    126          

to be issued such THOSE license plates.                            127          

      Sec. 5901.02.  In each county there shall be a commission    136          

known as "the veterans service commission" composed of five        137          

                                                          4      


                                                                 
persons.  Such THOSE persons shall be residents of the county and  139          

shall be appointed to five-year terms by a judge of the court of   140          

common pleas.  At the time of his appointment or reappointment to  142          

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

commission or hold an elective or other appointive office of the   143          

county served by the commission.                                   144          

      Each person on MEMBER OF the commission shall be an          146          

honorably discharged or honorably separated veteran.  WITHIN       148          

SIXTY DAYS AFTER THE DATE OF APPOINTMENT, EACH MEMBER OF THE       149          

COMMISSION SHALL FILE THE MEMBER'S FORM DD214 AND AN               150          

AUTHORIZATION FOR RELEASE OF INFORMATION CONTAINED IN THE FORM     151          

WITH THE GOVERNOR'S OFFICE OF VETERANS AFFAIRS.  Appointments to   153          

the commission shall be made from lists of recommended persons,    155          

in the manner specified in the following paragraph.  One person    156          

shall be a representative recommended by the American Legion; one               

person shall be a representative recommended by the Veterans of    157          

Foreign Wars; one person shall be a representative recommended by  158          

the Disabled American Veterans; one person shall be a              159          

representative recommended by the AMVETS,; and one person shall    160          

be a representative recommended by the Military Order of the       162          

Purple Heart of the U.S.A. or the Vietnam Veterans of America.     163          

If any such organization has no post or chapter located in the                  

county, the appointment shall be made from lists of recommended    164          

persons submitted by posts or chapters of any other                165          

congressionally chartered veterans organizations located in the    166          

county.  If no such other organizations have posts or chapters     167          

located in the county, the judge DESCRIBED IN THE FOLLOWING        168          

PARAGRAPH may appoint any qualified veteran to represent the       169          

veteran community.                                                              

      On or before the fifteenth day of October of each year, the  171          

judge of the court of common pleas who is responsible for making   172          

appointments to the commission shall notify each post or chapter,  173          

of each organization within the county from which the member may   174          

or must be appointed that it may submit a list containing three    175          

                                                          5      


                                                                 
recommendations of persons who are eligible for appointment.  If                

the judge does not receive any recommendations within sixty days   176          

after providing the required notification, he THE JUDGE may        177          

appoint any qualified veteran to represent the veteran community.  179          

The judge shall make the appointment on or before the fifteenth    180          

day of January of each year.  Vacancies occurring on the                        

commission shall be filled in the same manner as the original      181          

appointments.                                                                   

      Beginning in the year 2000, appointments to the commission   183          

shall be made as follows:                                          184          

      (A)  Appointments for members to represent the American      186          

Legion shall be made for terms to commence in years ending in      187          

zero and five.                                                                  

      (B)  Appointments for members to represent the veterans      190          

VETERANS of Foreign Wars shall be made for terms to commence in    191          

years ending in one and six.                                                    

      (C)  Appointments for members to represent the Disabled      193          

American Veterans shall be made for terms to commence in years     194          

ending in two and seven.                                                        

      (D)  Appointments for members to represent the AMVETS shall  196          

be made for terms to commence in years ending in three and eight.  197          

      (E)  Appointments for members to represent the Military      199          

Order of the Purple Heart of the U.S.A. or the Vietnam Veterans    200          

of America shall be made for terms to commence in years ending in  201          

four and nine.                                                                  

      The terms immediately preceding the initial appointments     203          

made under divisions (A) to (E) of this section may be for         204          

periods of less than five years.                                                

      Sec. 5901.07.  The veterans service commission shall employ  213          

one or more county veterans service officers, one of whom may act  214          

as executive director.  Each SERVICE officer shall be a veteran.   215          

WITHIN SIXTY DAYS AFTER THE DATE OF INITIAL EMPLOYMENT, EACH       216          

SERVICE OFFICER SHALL FILE A COPY OF THE OFFICER'S FORM DD214 AND  217          

AN AUTHORIZATION FOR RELEASE OF INFORMATION CONTAINED IN THE FORM  218          

                                                          6      


                                                                 
WITH THE GOVERNOR'S OFFICE OF VETERANS AFFAIRS.  Each SERVICE      219          

OFFICER shall be employed in the classified service and is exempt  221          

from civil service examination.  The duties of these SERVICE       223          

officers are to SHALL advise and assist present and former         224          

members of the armed forces of the United States, veterans, and    225          

their spouses, surviving spouses, children, parents, and           226          

dependents in presenting claims or obtaining rights or benefits    227          

under any law of the United States or of this state.               228          

      The commission shall employ each service officer on a part-  231          

or full-time basis and fix his THE OFFICER'S compensation.  No     232          

county commissioner or member of the veterans service commission   233          

shall be employed as a service officer.  The                       234          

      THE commission shall employ the necessary clerks,            237          

stenographers, and other personnel to assist the service officer   238          

OFFICERS in the performance of duties and SHALL fix their          239          

compensation.  Each of these employees shall be a veteran or, if   240          

a qualified veteran is not available, the spouse, surviving        241          

spouse, child, or parent of a veteran.  Each OF THESE EMPLOYEES    242          

shall be employed in the classified service and is exempt from     244          

civil service examination.  The                                                 

      THE board of county commissioners, upon the recommendation   247          

or approval of the VETERANS SERVICE commission, may provide        248          

suitable office space, supplies, and office and incidental         249          

expenses for each service officer.  The compensation of the EACH   250          

service officer and of any employee and any expenses incurred      251          

under this section shall be paid out of funds appropriated to the  252          

commission, as provided in section 5901.11 of the Revised Code.    253          

      Sec. 5901.99.  (A)  NO PERSON WHO IS NOT A VETERAN, AN       255          

ACTIVE-DUTY MEMBER OF THE ARMED FORCES OF THE UNITED STATES, OR    257          

THE SPOUSE, SURVIVING SPOUSE, DEPENDENT PARENT, MINOR CHILD, OR    258          

WARD OF A VETERAN OR AN ACTIVE-DUTY MEMBER OF THE ARMED FORCES OF  259          

THE UNITED STATES SHALL KNOWINGLY REPRESENT THAT THE PERSON IS A   261          

VETERAN, AN ACTIVE-DUTY MEMBER OF THE ARMED FORCES OF THE UNITED   262          

STATES, OR THE SPOUSE, SURVIVING SPOUSE, DEPENDENT PARENT, MINOR   263          

                                                          7      


                                                                 
CHILD, OR WARD OF A VETERAN OR AN ACTIVE-DUTY MEMBER OF THE ARMED  265          

FORCES OF THE UNITED STATES AND IS ELIGIBLE FOR ANY BENEFITS OR    267          

FINANCIAL ASSISTANCE RELATED TO VETERAN STATUS FOR THE PURPOSE OF  268          

RECEIVING SUCH BENEFITS OR FINANCIAL ASSISTANCE.                   269          

      (B)  WHOEVER VIOLATES THIS SECTION IS GUILTY OF              271          

MISREPRESENTATION OF VETERAN STATUS, A MISDEMEANOR OF THE FIRST    272          

DEGREE.                                                                         

      Sec. 5902.02.  The duties of the director of the governor's  281          

office of veterans affairs shall include the following:            282          

      (A)  Furnishing the veterans service commissions of all      284          

counties of the state copies of the state laws, rules, and         285          

legislation relating to the operation of the commissions and       286          

their offices;                                                     287          

      (B)  Upon application, assisting the general public in       289          

obtaining records of vital statistics pertaining to veterans or    290          

their dependents;                                                  291          

      (C)  Promulgating ADOPTING rules pursuant to Chapter 119.    293          

of the Revised Code pertaining to minimum qualifications for       294          

hiring, certifying, and accrediting county veterans service        295          

officers and pertaining to their required duties;                  296          

      (D)  Promulgating ADOPTING rules pursuant to Chapter 119.    298          

of the Revised Code for the education, training, certification,    299          

and duties of veterans service commissioners;                      300          

      (E)  Developing and monitoring programs and agreements       302          

enhancing employment and training for veterans in single or        303          

multiple county areas;                                             304          

      (F)  Developing and monitoring programs and agreements to    306          

enable county veterans service commissions to address              307          

homelessness, indigency, and other veteran-related issues          308          

individually or jointly;                                           309          

      (G)  Developing and monitoring programs and agreements to    311          

enable state agencies, individually or jointly, that provide       312          

services to veterans, including the Ohio veterans' home and the    313          

Ohio bureau of employment services, to address homelessness,       315          

                                                          8      


                                                                 
indigency, employment, and other veteran-related issues;           316          

      (H)  Establishing and providing statistical reporting        318          

formats and procedures for county veterans service commissions;    319          

      (I)  Publishing annually, promulgating change notices for,   321          

and distributing a listing of county veterans service officers,    322          

county veterans service commissioners, state directors of          323          

veterans affairs, and national and state service officers of       324          

accredited veterans organizations and their state headquarters.    325          

The listing shall include the expiration dates of commission       326          

members' terms of office and the organizations they represent;     327          

the names, addresses, and telephone numbers of county veterans     328          

service officers and state directors of veterans affairs; and the  329          

addresses and telephone numbers of the Ohio offices and            330          

headquarters of state and national veterans service                331          

organizations.                                                     332          

      (J)  Publishing, by the first day of April of each           334          

odd-numbered year, a directory of Ohio THE laws OF THIS STATE      336          

dealing with veterans, as enacted through the conclusion of the    337          

previous session of the general assembly, and distributing the     338          

publication to each county veterans service office and the state   339          

headquarters of each congressionally chartered veterans            340          

organization in the state;                                         341          

      (K)  Establishing a veterans advisory committee to advise    343          

and assist the governor's office of veterans affairs in its        344          

duties.  Members shall include a state representative of           345          

congressionally chartered veterans organizations referred to in    346          

section 5901.02 of the Revised Code, a representative of any       347          

other congressionally chartered state veterans organization that   348          

has at least one veterans service commissioner in the state,       349          

three representatives of the Ohio state association of county      350          

veterans service commissioners, who shall have a combined vote of  351          

one, three representatives of the state association of county      352          

veterans service officers, who shall have a combined vote of one,  353          

one representative of the county commissioners association of      354          

                                                          9      


                                                                 
Ohio, who shall be a county commissioner not from the same county  355          

as any of the other county representatives, and a representative   356          

of the office of the attorney general.  The governor's office of   357          

veterans affairs shall submit to the advisory committee proposed   359          

rules for the committee's operation.  The committee may review     360          

and revise these proposed rules prior to submitting them to the    361          

joint committee on agency rule review.                                          

      (L)  Promulgating ADOPTING, with the advice and assistance   363          

of the veterans advisory committee, policy and procedural          365          

guidelines, which THAT the veterans service commissions shall      366          

adhere to in the development and implementation of rules,          369          

policies, procedures, and guidelines for the administration of     370          

Chapter 5901. of the Revised Code.  The governor's office of       371          

veterans affairs shall promulgate ADOPT no guidelines or rules     372          

regulating the purposes, scope, duration, or amounts of financial  374          

assistance provided to applicants pursuant to sections 5901.01 to  375          

5901.15 of the Revised Code.  The director of the governor's       376          

office of veterans affairs may obtain opinions from the office of  377          

the attorney general regarding rules, policies, procedures, and    378          

guidelines of the veterans service commissions and may enforce     379          

compliance with Chapter 5901. of the Revised Code.                 380          

      (M)  RECEIVING COPIES OF FORM DD214 AND AUTHORIZATIONS FOR   383          

RELEASE OF INFORMATION CONTAINED IN THE FORMS FROM MEMBERS OF      384          

VETERANS SERVICE COMMISSIONS APPOINTED UNDER SECTION 5901.02 AND                

FROM COUNTY VETERANS SERVICE OFFICERS EMPLOYED UNDER SECTION       385          

5901.07 OF THE REVISED CODE;                                                    

      (N)  Taking any other actions required by this chapter.      387          

      Sec. 5902.10.  OHIO BURGEES PLACED IN THE OHIO VETERANS      389          

PLAZA, LOCATED ADJACENT TO THE EAST SIDE OF THE SENATE BUILDING,   391          

SHALL BE FLOWN CONTINUOUSLY FROM THE SIXTH DAY OF MAY TO THE       392          

EIGHTH DAY OF DECEMBER OF EACH YEAR.                               393          

      Sec. 5902.15.  (A)  IF THE PRESIDENT OF THE UNITED STATES    396          

INDICATES THAT NATIONAL GUARD OR RESERVE FORCES WITH HEADQUARTERS  397          

IN THIS STATE MAY BE CALLED TO ACTIVE MILITARY DUTY, THE GOVERNOR  398          

                                                          10     


                                                                 
OR THE DIRECTOR OF THE GOVERNOR'S OFFICE OF VETERANS AFFAIRS       400          

SHALL CONVENE, NOT LATER THAN TEN DAYS AFTER ALL ITS MEMBERS ARE   401          

APPOINTED, A MILITARY ACTIVATION TASK FORCE TO DETERMINE WHETHER   402          

FEDERAL, STATE, AND COUNTY AGENCIES HAVE PREPARED PROPER SUPPORT   403          

MECHANISMS FOR THAT MILITARY ACTIVATION.  THE TASK FORCE SHALL     404          

PREPARE AND PUBLISH A REPORT STATING WHETHER THESE MECHANISMS      405          

HAVE BEEN PREPARED AND WHAT FURTHER ACTIONS NEED TO BE TAKEN TO    406          

SUPPORT THAT MILITARY ACTIVATION.                                               

      (B)  THE MEMBERS OF THE TASK FORCE ARE THE CHAIRPERSONS AND  408          

RANKING MINORITY MEMBERS OF THE COMMITTEES OF THE HOUSE OF         409          

REPRESENTATIVES AND SENATE THAT CUSTOMARILY CONSIDER BILLS         410          

DEALING WITH THE MILITARY AND VETERANS AFFAIRS, AND A              411          

REPRESENTATIVE OF EACH OF THE FOLLOWING AGENCIES AND               412          

ORGANIZATIONS WHOM THAT AGENCY OR ORGANIZATION SHALL APPOINT:      413          

      (1)  THE OHIO ARMY NATIONAL GUARD;                           415          

      (2)  THE OHIO AIR NATIONAL GUARD;                            417          

      (3)  THE UNITED STATES ARMY RESERVE;                         419          

      (4)  THE UNITED STATES MARINE CORPS RESERVE;                 421          

      (5)  THE UNITED STATES NAVAL RESERVE;                        423          

      (6)  THE UNITED STATES AIR FORCE RESERVE;                    425          

      (7)  THE UNITED STATES COAST GUARD RESERVE;                  427          

      (8)  THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS;       430          

      (9)  THE AMERICAN LEGION, DEPARTMENT OF OHIO;                432          

      (10)  THE VETERANS OF FOREIGN WARS, DEPARTMENT OF OHIO;      434          

      (11)  THE AMVETS, DEPARTMENT OF OHIO;                        436          

      (12)  THE DISABLED AMERICAN VETERANS, DEPARTMENT OF OHIO;    439          

      (13)  THE AMERICAN EX-PRISONERS OF WAR, DEPARTMENT OF OHIO;  442          

      (14)  THE VIETNAM VETERANS OF AMERICA, DEPARTMENT OF OHIO;   445          

      (15)  THE OFFICE OF THE OHIO ATTORNEY GENERAL;               447          

      (16)  THE OHIO ASSOCIATION OF COUNTY VETERANS SERVICE        449          

OFFICERS;                                                          450          

      (17)  THE OHIO ASSOCIATION OF COUNTY VETERANS SERVICE        452          

COMMISSIONERS;                                                     453          

      (18)  THE BUREAU OF EMPLOYMENT SERVICES;                     455          

                                                          11     


                                                                 
      (19)  THE DEPARTMENT OF ADMINISTRATIVE SERVICES;             457          

      (20)  THE STATE DEPARTMENT OF HUMAN SERVICES;                459          

      (21)  THE OHIO OFFICE OF THE UNITED STATES DEPARTMENT OF     462          

LABOR;                                                                          

      (22)  THE EMPLOYER SUPPORT OF THE NATIONAL GUARD AND         464          

RESERVE;                                                                        

      (23)  THE OHIO MILITARY FAMILY SUPPORT GROUP;                466          

      (24)  THE NATIONAL LEAGUE OF FAMILIES OF PRISONERS AND       468          

MISSING IN ACTION;                                                 469          

      (25)  THE GOVERNOR'S OFFICE OF VETERANS AFFAIRS.             471          

      (C)  AT ITS FIRST MEETING, THE TASK FORCE SHALL ELECT A      473          

CHAIRPERSON AND OTHER OFFICERS IT CONSIDERS NECESSARY.             475          

      (D)  MEMBERS OF THE TASK FORCE SHALL RECEIVE NO              477          

COMPENSATION BUT SHALL BE REIMBURSED FOR EXPENSES THEY INCUR IN    478          

THE PERFORMANCE OF THEIR DUTIES.                                   479          

      (E)  MEMBERS OF THE TASK FORCE SHALL SERVE UNTIL THE TASK    481          

FORCE PUBLISHES ITS REPORT.  ANY VACANCY ON THE TASK FORCE SHALL   482          

BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.          483          

      (F)  THE GOVERNOR'S OFFICE OF VETERANS AFFAIRS SHALL         485          

PROVIDE THE TASK FORCE WITH NECESSARY PERSONNEL, SUPPLIES, AND     486          

SERVICES.                                                                       

      Section 2.  That existing sections 5.23, 4503.571, 5901.02,  488          

5901.07, and 5902.02 of the Revised Code are hereby repealed.      489          

      Section 3.  Each member of a county veterans service         491          

commission appointed under section 5901.02 of the Revised Code,    492          

as amended by this act, and each county veterans service officer   493          

appointed under section 5901.07 of the Revised Code, as amended    494          

by this act, who is serving on the effective date of this act      495          

shall file, within 60 days after that date, with the Governor's    496          

Office of Veterans Affairs, the member's or officer's Form DD214   497          

and an authorization for release of information contained in the   499          

form.