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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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.