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
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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
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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
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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
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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
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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
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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
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(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
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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
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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
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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.