As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                         Am. Sub. S. B. No. 120  5            

      1999-2000                                                    6            


  SENATORS WATTS-SPADA-SCHAFRATH-LATELL-SHOEMAKER-CARNES-LATTA-    8            

PRENTISS-WACHTMANN-DiDONATO-MUMPER-NEIN-GARDNER-DRAKE-ARMBRUSTER-  9            

               WHITE-CUPP-HAGAN-KEARNS-FINAN-BRADY                 10           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend sections 5.23, 4503.571, 5901.02, 5901.07,   14           

                and 5902.02 and to enact sections 3301.25,         15           

                5901.99, and 5902.15 of the Revised Code to        16           

                require members of county veterans service         17           

                commissions and county veterans service officers   18           

                to file a copy of their Form DD214 with the        19           

                Governor's Office of Veterans Affairs; to                       

                designate November 10 of each year as "Veterans    20           

                Educate Today's Students Day"; to require the      21           

                Department of Education to distribute to school    22           

                libraries a book and videotape relating to the     23           

                Ohio Veterans Plaza; to require the payment of                  

                the existing additional $10 fee in connection      24           

                with a Purple Heart special license plate only     25           

                when a license plate is issued and to eliminate                 

                the payment of the additional fee when the Purple  26           

                Heart special license plate is renewed; to make    27           

                it a misdemeanor of the first degree to                         

                misrepresent one's veteran or veteran-related      28           

                status to obtain certain benefits or financial     29           

                assistance; and to create the Military Activation               

                Task Force at specified times in the Governor's    31           

                Office of Veterans Affairs.                                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        33           

                                                          2      


                                                                 
      Section 1.  That sections 5.23, 4503.571, 5901.02, 5901.07,  35           

and 5902.02 be amended and sections 3301.25, 5901.99, and 5902.15  36           

of the Revised Code be enacted to read as follows:                 38           

      Sec. 5.23.  (A)  The twelfth day of February, known as       47           

Lincoln's birthday, the twenty-second day of February, known as    49           

Washington's birthday, the thirtieth day of May, known as          50           

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

Veterans' day, shall be commemorated in the schools.               51           

      (B)  THE TENTH DAY OF NOVEMBER IS DESIGNATED AS "VETERANS    53           

EDUCATE TODAY'S STUDENTS DAY" OR "V.E.T.S. DAY."  EACH ELEMENTARY  55           

AND SECONDARY SCHOOL IN THIS STATE IS ENCOURAGED TO COMMEMORATE    56           

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

TO VISIT THE SCHOOL AND DISCUSS THEIR MILITARY EXPERIENCES WITH    57           

THE STUDENTS OF THE SCHOOL.                                        58           

      Sec. 3301.25.  THE DEPARTMENT OF EDUCATION SHALL DISTRIBUTE  60           

TO THE LIBRARY OF EACH SECONDARY SCHOOL IN THIS STATE A COPY OF    61           

THE BOOK "LETTERS HOME:  THE LETTERS OF THE OHIO VETERANS PLAZA"   66           

AND A VIDEOTAPE OF THE OHIO VETERANS PLAZA DEDICATION.             67           

      Sec. 4503.571.  Any person who has been awarded the purple   76           

heart may apply to the registrar of motor vehicles for the         77           

registration of one passenger car, noncommercial motor vehicle,    78           

recreational vehicle, or other vehicle of a class approved by the  79           

registrar that the person owns or leases.  The application shall   80           

be accompanied by such documentary evidence in support of the      81           

award as the registrar may require.  The application may be        82           

combined with a request for a special reserved license plate       83           

under section 4503.40 or 4503.42 of the Revised Code.              84           

      Upon receipt of an application for registration of a motor   86           

vehicle under this section and the required taxes and fees, and    87           

UPON presentation of the required supporting evidence of the       88           

award of the purple heart, the registrar shall issue to the        90           

applicant the appropriate motor vehicle registration and a set of  91           

license plates and a validation sticker, or a validation sticker   92           

alone when required by section 4503.191 of the Revised Code.       93           

                                                          3      


                                                                 
      In addition to the letters and numbers ordinarily inscribed  95           

thereon ON THE LICENSE PLATES, the license plates shall be         97           

inscribed with the words "PURPLE HEART."  The license plates       98           

shall bear county identification stickers that identify the                     

county of registration by name or number.                          99           

      The license plates and validation stickers shall be issued   101          

upon payment of the regular license fee required by section        102          

4503.04 of the Revised Code, payment of any local motor vehicle    103          

license tax levied under Chapter 4504. of the Revised Code,        104          

payment of an additional fee of ten dollars ONLY WHEN A LICENSE    105          

PLATE IS ISSUED, and compliance with all other applicable laws     106          

relating to the registration of motor vehicles.  If the            107          

application is combined with a request for a special reserved                   

license plate under section 4503.40 or 4503.42 of the Revised      108          

Code, the license plates and validation sticker shall be issued    109          

upon payment of the fees and taxes referred to in this section     110          

and the additional fee prescribed under section 4503.40 or         111          

4503.42 of the Revised Code.  The additional fee of ten dollars    112          

shall be for the purpose of compensating the bureau of motor                    

vehicles for additional services required in the issuing of        114          

license plates under this section and shall be transmitted by the  115          

registrar to the treasurer of state for deposit into the state     116          

treasury to the credit of the state bureau of motor vehicles fund  117          

created by section 4501.25 of the Revised Code.  NO ADDITIONAL     118          

FEE SHALL BE CHARGED WHEN A VALIDATION STICKER ALONE IS ISSUED.    119          

      No person who is not a recipient of the purple heart shall   121          

willfully and falsely represent that the person is a recipient of  122          

a purple heart for the purpose of obtaining license plates under   123          

this section.  No person shall own a motor vehicle bearing         124          

license plates under this section unless the person is eligible    125          

to be issued such THOSE license plates.                            126          

      Sec. 5901.02.  In each county there shall be a commission    135          

known as "the veterans service commission" composed of five        136          

persons.  Such THOSE persons shall be residents of the county and  138          

                                                          4      


                                                                 
shall be appointed to five-year terms by a judge of the court of   139          

common pleas.  At the time of his appointment or reappointment to  141          

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

commission or hold an elective or other appointive office of the   142          

county served by the commission.                                   143          

      Each person on MEMBER OF the commission shall be an          145          

honorably discharged or honorably separated veteran.  WITHIN       147          

SIXTY DAYS AFTER THE DATE OF APPOINTMENT, EACH MEMBER OF THE       148          

COMMISSION SHALL FILE THE MEMBER'S FORM DD214 AND AN               149          

AUTHORIZATION FOR RELEASE OF INFORMATION CONTAINED IN THE FORM     150          

WITH THE GOVERNOR'S OFFICE OF VETERANS AFFAIRS.  Appointments to   152          

the commission shall be made from lists of recommended persons,    154          

in the manner specified in the following paragraph.  One person    155          

shall be a representative recommended by the American Legion; one               

person shall be a representative recommended by the Veterans of    156          

Foreign Wars; one person shall be a representative recommended by  157          

the Disabled American Veterans; one person shall be a              158          

representative recommended by the AMVETS,; and one person shall    159          

be a representative recommended by the Military Order of the       161          

Purple Heart of the U.S.A. or the Vietnam Veterans of America.     162          

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

county, the appointment shall be made from lists of recommended    163          

persons submitted by posts or chapters of any other                164          

congressionally chartered veterans organizations located in the    165          

county.  If no such other organizations have posts or chapters     166          

located in the county, the judge DESCRIBED IN THE FOLLOWING        167          

PARAGRAPH may appoint any qualified veteran to represent the       168          

veteran community.                                                              

      On or before the fifteenth day of October of each year, the  170          

judge of the court of common pleas who is responsible for making   171          

appointments to the commission shall notify each post or chapter,  172          

of each organization within the county from which the member may   173          

or must be appointed that it may submit a list containing three    174          

recommendations of persons who are eligible for appointment.  If                

                                                          5      


                                                                 
the judge does not receive any recommendations within sixty days   175          

after providing the required notification, he THE JUDGE may        176          

appoint any qualified veteran to represent the veteran community.  178          

The judge shall make the appointment on or before the fifteenth    179          

day of January of each year.  Vacancies occurring on the                        

commission shall be filled in the same manner as the original      180          

appointments.                                                                   

      Beginning in the year 2000, appointments to the commission   182          

shall be made as follows:                                          183          

      (A)  Appointments for members to represent the American      185          

Legion shall be made for terms to commence in years ending in      186          

zero and five.                                                                  

      (B)  Appointments for members to represent the veterans      189          

VETERANS of Foreign Wars shall be made for terms to commence in    190          

years ending in one and six.                                                    

      (C)  Appointments for members to represent the Disabled      192          

American Veterans shall be made for terms to commence in years     193          

ending in two and seven.                                                        

      (D)  Appointments for members to represent the AMVETS shall  195          

be made for terms to commence in years ending in three and eight.  196          

      (E)  Appointments for members to represent the Military      198          

Order of the Purple Heart of the U.S.A. or the Vietnam Veterans    199          

of America shall be made for terms to commence in years ending in  200          

four and nine.                                                                  

      The terms immediately preceding the initial appointments     202          

made under divisions (A) to (E) of this section may be for         203          

periods of less than five years.                                                

      Sec. 5901.07.  The veterans service commission shall employ  212          

one or more county veterans service officers, one of whom may act  213          

as executive director.  Each SERVICE officer shall be a veteran.   214          

WITHIN SIXTY DAYS AFTER THE DATE OF INITIAL EMPLOYMENT, EACH       215          

SERVICE OFFICER SHALL FILE A COPY OF THE OFFICER'S FORM DD214 AND  216          

AN AUTHORIZATION FOR RELEASE OF INFORMATION CONTAINED IN THE FORM  217          

WITH THE GOVERNOR'S OFFICE OF VETERANS AFFAIRS.  Each SERVICE      218          

                                                          6      


                                                                 
OFFICER shall be employed in the classified service and is exempt  220          

from civil service examination.  The duties of these SERVICE       222          

officers are to SHALL advise and assist present and former         223          

members of the armed forces of the United States, veterans, and    224          

their spouses, surviving spouses, children, parents, and           225          

dependents in presenting claims or obtaining rights or benefits    226          

under any law of the United States or of this state.               227          

      The commission shall employ each service officer on a part-  230          

or full-time basis and fix his THE OFFICER'S compensation.  No     231          

county commissioner or member of the veterans service commission   232          

shall be employed as a service officer.  The                       233          

      THE commission shall employ the necessary clerks,            236          

stenographers, and other personnel to assist the service officer   237          

OFFICERS in the performance of duties and SHALL fix their          238          

compensation.  Each of these employees shall be a veteran or, if   239          

a qualified veteran is not available, the spouse, surviving        240          

spouse, child, or parent of a veteran.  Each OF THESE EMPLOYEES    241          

shall be employed in the classified service and is exempt from     243          

civil service examination.  The                                                 

      THE board of county commissioners, upon the recommendation   246          

or approval of the VETERANS SERVICE commission, may provide        247          

suitable office space, supplies, and office and incidental         248          

expenses for each service officer.  The compensation of the EACH   249          

service officer and of any employee and any expenses incurred      250          

under this section shall be paid out of funds appropriated to the  251          

commission, as provided in section 5901.11 of the Revised Code.    252          

      Sec. 5901.99.  (A)  NO PERSON WHO IS NOT A VETERAN, AN       254          

ACTIVE-DUTY MEMBER OF THE ARMED FORCES OF THE UNITED STATES, OR    256          

THE SPOUSE, SURVIVING SPOUSE, DEPENDENT PARENT, MINOR CHILD, OR    257          

WARD OF A VETERAN OR AN ACTIVE-DUTY MEMBER OF THE ARMED FORCES OF  258          

THE UNITED STATES SHALL KNOWINGLY REPRESENT THAT THE PERSON IS A   260          

VETERAN, AN ACTIVE-DUTY MEMBER OF THE ARMED FORCES OF THE UNITED   261          

STATES, OR THE SPOUSE, SURVIVING SPOUSE, DEPENDENT PARENT, MINOR   262          

CHILD, OR WARD OF A VETERAN OR AN ACTIVE-DUTY MEMBER OF THE ARMED  264          

                                                          7      


                                                                 
FORCES OF THE UNITED STATES AND IS ELIGIBLE FOR ANY BENEFITS OR    266          

FINANCIAL ASSISTANCE RELATED TO VETERAN STATUS FOR THE PURPOSE OF  267          

RECEIVING SUCH BENEFITS OR FINANCIAL ASSISTANCE.                   268          

      (B)  WHOEVER VIOLATES THIS SECTION IS GUILTY OF              270          

MISREPRESENTATION OF VETERAN STATUS, A MISDEMEANOR OF THE FIRST    271          

DEGREE.                                                                         

      Sec. 5902.02.  The duties of the director of the governor's  280          

office of veterans affairs shall include the following:            281          

      (A)  Furnishing the veterans service commissions of all      283          

counties of the state copies of the state laws, rules, and         284          

legislation relating to the operation of the commissions and       285          

their offices;                                                     286          

      (B)  Upon application, assisting the general public in       288          

obtaining records of vital statistics pertaining to veterans or    289          

their dependents;                                                  290          

      (C)  Promulgating ADOPTING rules pursuant to Chapter 119.    292          

of the Revised Code pertaining to minimum qualifications for       293          

hiring, certifying, and accrediting county veterans service        294          

officers and pertaining to their required duties;                  295          

      (D)  Promulgating ADOPTING rules pursuant to Chapter 119.    297          

of the Revised Code for the education, training, certification,    298          

and duties of veterans service commissioners;                      299          

      (E)  Developing and monitoring programs and agreements       301          

enhancing employment and training for veterans in single or        302          

multiple county areas;                                             303          

      (F)  Developing and monitoring programs and agreements to    305          

enable county veterans service commissions to address              306          

homelessness, indigency, and other veteran-related issues          307          

individually or jointly;                                           308          

      (G)  Developing and monitoring programs and agreements to    310          

enable state agencies, individually or jointly, that provide       311          

services to veterans, including the Ohio veterans' home and the    312          

Ohio bureau of employment services, to address homelessness,       314          

indigency, employment, and other veteran-related issues;           315          

                                                          8      


                                                                 
      (H)  Establishing and providing statistical reporting        317          

formats and procedures for county veterans service commissions;    318          

      (I)  Publishing annually, promulgating change notices for,   320          

and distributing a listing of county veterans service officers,    321          

county veterans service commissioners, state directors of          322          

veterans affairs, and national and state service officers of       323          

accredited veterans organizations and their state headquarters.    324          

The listing shall include the expiration dates of commission       325          

members' terms of office and the organizations they represent;     326          

the names, addresses, and telephone numbers of county veterans     327          

service officers and state directors of veterans affairs; and the  328          

addresses and telephone numbers of the Ohio offices and            329          

headquarters of state and national veterans service                330          

organizations.                                                     331          

      (J)  Publishing, by the first day of April of each           333          

odd-numbered year, a directory of Ohio THE laws OF THIS STATE      335          

dealing with veterans, as enacted through the conclusion of the    336          

previous session of the general assembly, and distributing the     337          

publication to each county veterans service office and the state   338          

headquarters of each congressionally chartered veterans            339          

organization in the state;                                         340          

      (K)  Establishing a veterans advisory committee to advise    342          

and assist the governor's office of veterans affairs in its        343          

duties.  Members shall include a state representative of           344          

congressionally chartered veterans organizations referred to in    345          

section 5901.02 of the Revised Code, a representative of any       346          

other congressionally chartered state veterans organization that   347          

has at least one veterans service commissioner in the state,       348          

three representatives of the Ohio state association of county      349          

veterans service commissioners, who shall have a combined vote of  350          

one, three representatives of the state association of county      351          

veterans service officers, who shall have a combined vote of one,  352          

one representative of the county commissioners association of      353          

Ohio, who shall be a county commissioner not from the same county  354          

                                                          9      


                                                                 
as any of the other county representatives, and a representative   355          

of the office of the attorney general.  The governor's office of   356          

veterans affairs shall submit to the advisory committee proposed   358          

rules for the committee's operation.  The committee may review     359          

and revise these proposed rules prior to submitting them to the    360          

joint committee on agency rule review.                                          

      (L)  Promulgating ADOPTING, with the advice and assistance   362          

of the veterans advisory committee, policy and procedural          364          

guidelines, which THAT the veterans service commissions shall      365          

adhere to in the development and implementation of rules,          368          

policies, procedures, and guidelines for the administration of     369          

Chapter 5901. of the Revised Code.  The governor's office of       370          

veterans affairs shall promulgate ADOPT no guidelines or rules     371          

regulating the purposes, scope, duration, or amounts of financial  373          

assistance provided to applicants pursuant to sections 5901.01 to  374          

5901.15 of the Revised Code.  The director of the governor's       375          

office of veterans affairs may obtain opinions from the office of  376          

the attorney general regarding rules, policies, procedures, and    377          

guidelines of the veterans service commissions and may enforce     378          

compliance with Chapter 5901. of the Revised Code.                 379          

      (M)  RECEIVING COPIES OF FORM DD214 AND AUTHORIZATIONS FOR   382          

RELEASE OF INFORMATION CONTAINED IN THE FORMS FROM MEMBERS OF      383          

VETERANS SERVICE COMMISSIONS APPOINTED UNDER SECTION 5901.02 AND                

FROM COUNTY VETERANS SERVICE OFFICERS EMPLOYED UNDER SECTION       384          

5901.07 OF THE REVISED CODE;                                                    

      (N)  Taking any other actions required by this chapter.      386          

      Sec. 5902.15.  (A)  IF THE PRESIDENT OF THE UNITED STATES    389          

INDICATES THAT NATIONAL GUARD OR RESERVE FORCES WITH HEADQUARTERS  390          

IN THIS STATE MAY BE CALLED TO ACTIVE MILITARY DUTY, THE GOVERNOR  391          

OR THE DIRECTOR OF THE GOVERNOR'S OFFICE OF VETERANS AFFAIRS       393          

SHALL CONVENE, NOT LATER THAN TEN DAYS AFTER ALL ITS MEMBERS ARE   394          

APPOINTED, A MILITARY ACTIVATION TASK FORCE TO DETERMINE WHETHER   395          

FEDERAL, STATE, AND COUNTY AGENCIES HAVE PREPARED PROPER SUPPORT   396          

MECHANISMS FOR THAT MILITARY ACTIVATION.  THE TASK FORCE SHALL     397          

                                                          10     


                                                                 
PREPARE AND PUBLISH A REPORT STATING WHETHER THESE MECHANISMS      398          

HAVE BEEN PREPARED AND WHAT FURTHER ACTIONS NEED TO BE TAKEN TO    399          

SUPPORT THAT MILITARY ACTIVATION.                                               

      (B)  THE MEMBERS OF THE TASK FORCE ARE THE CHAIRPERSONS AND  401          

RANKING MINORITY MEMBERS OF THE COMMITTEES OF THE HOUSE OF         402          

REPRESENTATIVES AND SENATE THAT CUSTOMARILY CONSIDER BILLS         403          

DEALING WITH THE MILITARY AND VETERANS AFFAIRS, AND A              404          

REPRESENTATIVE OF EACH OF THE FOLLOWING AGENCIES AND               405          

ORGANIZATIONS WHOM THAT AGENCY OR ORGANIZATION SHALL APPOINT:      406          

      (1)  THE OHIO ARMY NATIONAL GUARD;                           408          

      (2)  THE OHIO AIR NATIONAL GUARD;                            410          

      (3)  THE UNITED STATES ARMY RESERVE;                         412          

      (4)  THE UNITED STATES MARINE CORPS RESERVE;                 414          

      (5)  THE UNITED STATES NAVAL RESERVE;                        416          

      (6)  THE UNITED STATES AIR FORCE RESERVE;                    418          

      (7)  THE UNITED STATES COAST GUARD RESERVE;                  420          

      (8)  THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS;       423          

      (9)  THE AMERICAN LEGION, DEPARTMENT OF OHIO;                426          

      (10)  THE VETERANS OF FOREIGN WARS, DEPARTMENT OF OHIO;      429          

      (11)  THE AMVETS, DEPARTMENT OF OHIO;                        431          

      (12)  THE DISABLED AMERICAN VETERANS, DEPARTMENT OF OHIO;    435          

      (13)  THE AMERICAN EX-PRISONERS OF WAR, DEPARTMENT OF OHIO;  439          

      (14)  THE VIETNAM VETERANS OF AMERICA, DEPARTMENT OF OHIO;   443          

      (15)  THE OFFICE OF THE OHIO ATTORNEY GENERAL;               445          

      (16)  THE OHIO ASSOCIATION OF COUNTY VETERANS SERVICE        447          

OFFICERS;                                                          448          

      (17)  THE OHIO ASSOCIATION OF COUNTY VETERANS SERVICE        450          

COMMISSIONERS;                                                     451          

      (18)  THE BUREAU OF EMPLOYMENT SERVICES;                     453          

      (19)  THE DEPARTMENT OF ADMINISTRATIVE SERVICES;             455          

      (20)  THE STATE DEPARTMENT OF HUMAN SERVICES;                457          

      (21)  THE OHIO OFFICE OF THE UNITED STATES DEPARTMENT OF     460          

LABOR;                                                                          

      (22)  THE EMPLOYER SUPPORT OF THE NATIONAL GUARD AND         462          

                                                          11     


                                                                 
RESERVE;                                                                        

      (23)  THE OHIO MILITARY FAMILY SUPPORT GROUP;                464          

      (24)  THE NATIONAL LEAGUE OF FAMILIES OF PRISONERS AND       466          

MISSING IN ACTION;                                                 467          

      (25)  THE GOVERNOR'S OFFICE OF VETERANS AFFAIRS.             469          

      (C)  AT ITS FIRST MEETING, THE TASK FORCE SHALL ELECT A      471          

CHAIRPERSON AND OTHER OFFICERS IT CONSIDERS NECESSARY.             473          

      (D)  MEMBERS OF THE TASK FORCE SHALL RECEIVE NO              475          

COMPENSATION BUT SHALL BE REIMBURSED FOR EXPENSES THEY INCUR IN    476          

THE PERFORMANCE OF THEIR DUTIES.                                   477          

      (E)  MEMBERS OF THE TASK FORCE SHALL SERVE UNTIL THE TASK    479          

FORCE PUBLISHES ITS REPORT.  ANY VACANCY ON THE TASK FORCE SHALL   480          

BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.          481          

      (F)  THE GOVERNOR'S OFFICE OF VETERANS AFFAIRS SHALL         483          

PROVIDE THE TASK FORCE WITH NECESSARY PERSONNEL, SUPPLIES, AND     484          

SERVICES.                                                                       

      Section 2.  That existing sections 5.23, 4503.571, 5901.02,  486          

5901.07, and 5902.02 of the Revised Code are hereby repealed.      487          

      Section 3.  Each member of a county veterans service         489          

commission appointed under section 5901.02 of the Revised Code,    490          

as amended by this act, and each county veterans service officer   491          

appointed under section 5901.07 of the Revised Code, as amended    492          

by this act, who is serving on the effective date of this act      493          

shall file, within 60 days after that date, with the Governor's    494          

Office of Veterans Affairs, the member's or officer's Form DD214   495          

and an authorization for release of information contained in the   497          

form.