As Reported by House Veterans' Affairs Committee           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, 123.024, 4503.571, 5901.02,   14           

                5901.07, and 5902.02 and to enact sections         15           

                3301.25, 5901.99, and 5902.15 of the Revised Code  16           

                to 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; to require the Department of                        

                Administrative Services to provide office space    30           

                for the Ohio Veterans' Home; and to create the     31           

                Military Activation Task Force at specified times  33           

                in the Governor's Office of Veterans Affairs.                   

                                                          2      


                                                                 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        35           

      Section 1.  That sections 5.23, 123.024, 4503.571, 5901.02,  37           

5901.07, and 5902.02 be amended and sections 3301.25, 5901.99,     38           

and 5902.15 of the Revised Code be enacted to read as follows:     40           

      Sec. 5.23.  (A)  The twelfth day of February, known as       49           

Lincoln's birthday, the twenty-second day of February, known as    51           

Washington's birthday, the thirtieth day of May, known as          52           

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

Veterans' day, shall be commemorated in the schools.               53           

      (B)  THE TENTH DAY OF NOVEMBER IS DESIGNATED AS "VETERANS    55           

EDUCATE TODAY'S STUDENTS DAY" OR "V.E.T.S. DAY."  EACH ELEMENTARY  57           

AND SECONDARY SCHOOL IN THIS STATE IS ENCOURAGED TO COMMEMORATE    58           

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

TO VISIT THE SCHOOL AND DISCUSS THEIR MILITARY EXPERIENCES WITH    59           

THE STUDENTS OF THE SCHOOL.                                        60           

      Sec. 123.024.  (A)  The department of administrative         70           

services shall assign and make available, at state expense,        71           

suitable office space in state-owned facilities to accommodate     72           

the office operations of the state headquarters of both ALL of     73           

the following:                                                     75           

      (1)  All veterans organizations in this state that either    77           

are incorporated and issued a charter by the congress of the       78           

United States or are recognized by the United States department    79           

of veterans affairs;                                               80           

      (2)  The auxiliary organizations of veterans organizations   82           

described in division (A)(1) of this section;                      83           

      (3)  THE OHIO VETERANS' HOME.                                85           

      (B)  The department may situate office space for each        87           

auxiliary organization of a veterans organization with or near     88           

the office space of that veterans organization.                    89           

      Sec. 3301.25.  THE DEPARTMENT OF EDUCATION SHALL DISTRIBUTE  91           

TO THE LIBRARY OF EACH SECONDARY SCHOOL IN THIS STATE A COPY OF    92           

THE BOOK "LETTERS HOME:  THE LETTERS OF THE OHIO VETERANS PLAZA"   97           

AND A VIDEOTAPE OF THE OHIO VETERANS PLAZA DEDICATION.             98           

                                                          3      


                                                                 
      Sec. 4503.571.  Any person who has been awarded the purple   107          

heart may apply to the registrar of motor vehicles for the         108          

registration of one passenger car, noncommercial motor vehicle,    109          

recreational vehicle, or other vehicle of a class approved by the  110          

registrar that the person owns or leases.  The application shall   111          

be accompanied by such documentary evidence in support of the      112          

award as the registrar may require.  The application may be        113          

combined with a request for a special reserved license plate       114          

under section 4503.40 or 4503.42 of the Revised Code.              115          

      Upon receipt of an application for registration of a motor   117          

vehicle under this section and the required taxes and fees, and    118          

UPON presentation of the required supporting evidence of the       119          

award of the purple heart, the registrar shall issue to the        121          

applicant the appropriate motor vehicle registration and a set of  122          

license plates and a validation sticker, or a validation sticker   123          

alone when required by section 4503.191 of the Revised Code.       124          

      In addition to the letters and numbers ordinarily inscribed  126          

thereon ON THE LICENSE PLATES, the license plates shall be         128          

inscribed with the words "PURPLE HEART."  The license plates       129          

shall bear county identification stickers that identify the                     

county of registration by name or number.                          130          

      The license plates and validation stickers shall be issued   132          

upon payment of the regular license fee required by section        133          

4503.04 of the Revised Code, payment of any local motor vehicle    134          

license tax levied under Chapter 4504. of the Revised Code,        135          

payment of an additional fee of ten dollars ONLY WHEN A LICENSE    136          

PLATE IS ISSUED, and compliance with all other applicable laws     137          

relating to the registration of motor vehicles.  If the            138          

application is combined with a request for a special reserved                   

license plate under section 4503.40 or 4503.42 of the Revised      139          

Code, the license plates and validation sticker shall be issued    140          

upon payment of the fees and taxes referred to in this section     141          

and the additional fee prescribed under section 4503.40 or         142          

4503.42 of the Revised Code.  The additional fee of ten dollars    143          

                                                          4      


                                                                 
shall be for the purpose of compensating the bureau of motor                    

vehicles for additional services required in the issuing of        145          

license plates under this section and shall be transmitted by the  146          

registrar to the treasurer of state for deposit into the state     147          

treasury to the credit of the state bureau of motor vehicles fund  148          

created by section 4501.25 of the Revised Code.  NO ADDITIONAL     149          

FEE SHALL BE CHARGED WHEN A VALIDATION STICKER ALONE IS ISSUED.    150          

      No person who is not a recipient of the purple heart shall   152          

willfully and falsely represent that the person is a recipient of  153          

a purple heart for the purpose of obtaining license plates under   154          

this section.  No person shall own a motor vehicle bearing         155          

license plates under this section unless the person is eligible    156          

to be issued such THOSE license plates.                            157          

      Sec. 5901.02.  In each county there shall be a commission    166          

known as "the veterans service commission" composed of five        167          

persons.  Such THOSE persons shall be residents of the county and  169          

shall be appointed to five-year terms by a judge of the court of   170          

common pleas.  At the time of his appointment or reappointment to  172          

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

commission or hold an elective or other appointive office of the   173          

county served by the commission.                                   174          

      Each person on MEMBER OF the commission shall be an          176          

honorably discharged or honorably separated veteran.  WITHIN       178          

SIXTY DAYS AFTER THE DATE OF APPOINTMENT, EACH MEMBER OF THE       179          

COMMISSION SHALL FILE THE MEMBER'S FORM DD214 WITH THE GOVERNOR'S  180          

OFFICE OF VETERANS AFFAIRS IN ACCORDANCE WITH GUIDELINES           181          

ESTABLISHED BY THE DIRECTOR OF THAT OFFICE.  Appointments to the   183          

commission shall be made from lists of recommended persons, in     185          

the manner specified in the following paragraph.  One person       186          

shall be a representative recommended by the American Legion; one               

person shall be a representative recommended by the Veterans of    187          

Foreign Wars; one person shall be a representative recommended by  188          

the Disabled American Veterans; one person shall be a              189          

representative recommended by the AMVETS,; and one person shall    190          

                                                          5      


                                                                 
be a representative recommended by the Military Order of the       192          

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

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

county, the appointment shall be made from lists of recommended    194          

persons submitted by posts or chapters of any other                195          

congressionally chartered veterans organizations located in the    196          

county.  If no such other organizations have posts or chapters     197          

located in the county, the judge DESCRIBED IN THE FOLLOWING        198          

PARAGRAPH may appoint any qualified veteran to represent the       199          

veteran community.                                                              

      On or before the fifteenth day of October of each year, the  201          

judge of the court of common pleas who is responsible for making   202          

appointments to the commission shall notify each post or chapter,  203          

of each organization within the county from which the member may   204          

or must be appointed that it may submit a list containing three    205          

recommendations of persons who are eligible for appointment.  If                

the judge does not receive any recommendations within sixty days   206          

after providing the required notification, he THE JUDGE may        207          

appoint any qualified veteran to represent the veteran community.  209          

The judge shall make the appointment on or before the fifteenth    210          

day of January of each year.  Vacancies occurring on the                        

commission shall be filled in the same manner as the original      211          

appointments.                                                                   

      Beginning in the year 2000, appointments to the commission   213          

shall be made as follows:                                          214          

      (A)  Appointments for members to represent the American      216          

Legion shall be made for terms to commence in years ending in      217          

zero and five.                                                                  

      (B)  Appointments for members to represent the veterans      220          

VETERANS of Foreign Wars shall be made for terms to commence in    221          

years ending in one and six.                                                    

      (C)  Appointments for members to represent the Disabled      223          

American Veterans shall be made for terms to commence in years     224          

ending in two and seven.                                                        

                                                          6      


                                                                 
      (D)  Appointments for members to represent the AMVETS shall  226          

be made for terms to commence in years ending in three and eight.  227          

      (E)  Appointments for members to represent the Military      229          

Order of the Purple Heart of the U.S.A. or the Vietnam Veterans    230          

of America shall be made for terms to commence in years ending in  231          

four and nine.                                                                  

      The terms immediately preceding the initial appointments     233          

made under divisions (A) to (E) of this section may be for         234          

periods of less than five years.                                                

      Sec. 5901.07.  The veterans service commission shall employ  243          

one or more county veterans service officers, one of whom may act  244          

as executive director.  Each SERVICE officer shall be a veteran.   245          

WITHIN SIXTY DAYS AFTER THE DATE OF INITIAL EMPLOYMENT, EACH       246          

SERVICE OFFICER SHALL FILE A COPY OF THE OFFICER'S FORM DD214      247          

WITH THE GOVERNOR'S OFFICE OF VETERANS AFFAIRS IN ACCORDANCE WITH  248          

GUIDELINES ESTABLISHED BY THE DIRECTOR OF THAT OFFICE.  Each       249          

SERVICE OFFICER shall be employed in the classified service and    252          

is exempt from civil service examination.  The duties of these     254          

SERVICE officers are to SHALL advise and assist present and        255          

former members of the armed forces of the United States,           256          

veterans, and their spouses, surviving spouses, children,          257          

parents, and dependents in presenting claims or obtaining rights   258          

or benefits under any law of the United States or of this state.   259          

      The commission shall employ each service officer on a part-  262          

or full-time basis and fix his THE OFFICER'S compensation.  No     263          

county commissioner or member of the veterans service commission   264          

shall be employed as a service officer.  The                       265          

      THE commission shall employ the necessary clerks,            268          

stenographers, and other personnel to assist the service officer   269          

OFFICERS in the performance of duties and SHALL fix their          270          

compensation.  Each of these employees shall be a veteran or, if   271          

a qualified veteran is not available, the spouse, surviving        272          

spouse, child, or parent of a veteran.  Each OF THESE EMPLOYEES    273          

shall be employed in the classified service and is exempt from     275          

                                                          7      


                                                                 
civil service examination.  The                                                 

      THE board of county commissioners, upon the recommendation   278          

or approval of the VETERANS SERVICE commission, may provide        279          

suitable office space, supplies, and office and incidental         280          

expenses for each service officer.  The compensation of the EACH   281          

service officer and of any employee and any expenses incurred      282          

under this section shall be paid out of funds appropriated to the  283          

commission, as provided in section 5901.11 of the Revised Code.    284          

      Sec. 5901.99.  (A)  NO PERSON WHO IS NOT A VETERAN, AN       286          

ACTIVE-DUTY MEMBER OF THE ARMED FORCES OF THE UNITED STATES, OR    288          

THE SPOUSE, SURVIVING SPOUSE, DEPENDENT PARENT, MINOR CHILD, OR    289          

WARD OF A VETERAN OR AN ACTIVE-DUTY MEMBER OF THE ARMED FORCES OF  290          

THE UNITED STATES SHALL KNOWINGLY REPRESENT THAT THE PERSON IS A   292          

VETERAN, AN ACTIVE-DUTY MEMBER OF THE ARMED FORCES OF THE UNITED   293          

STATES, OR THE SPOUSE, SURVIVING SPOUSE, DEPENDENT PARENT, MINOR   294          

CHILD, OR WARD OF A VETERAN OR AN ACTIVE-DUTY MEMBER OF THE ARMED  296          

FORCES OF THE UNITED STATES AND IS ELIGIBLE FOR ANY BENEFITS OR    298          

FINANCIAL ASSISTANCE RELATED TO VETERAN STATUS FOR THE PURPOSE OF  299          

RECEIVING SUCH BENEFITS OR FINANCIAL ASSISTANCE.                   300          

      (B)  WHOEVER VIOLATES THIS SECTION IS GUILTY OF              302          

MISREPRESENTATION OF VETERAN STATUS, A MISDEMEANOR OF THE FIRST    303          

DEGREE.                                                                         

      Sec. 5902.02.  The duties of the director of the governor's  312          

office of veterans affairs shall include the following:            313          

      (A)  Furnishing the veterans service commissions of all      315          

counties of the state copies of the state laws, rules, and         316          

legislation relating to the operation of the commissions and       317          

their offices;                                                     318          

      (B)  Upon application, assisting the general public in       320          

obtaining records of vital statistics pertaining to veterans or    321          

their dependents;                                                  322          

      (C)  Promulgating ADOPTING rules pursuant to Chapter 119.    324          

of the Revised Code pertaining to minimum qualifications for       325          

hiring, certifying, and accrediting county veterans service        326          

                                                          8      


                                                                 
officers and pertaining to their required duties;                  327          

      (D)  Promulgating ADOPTING rules pursuant to Chapter 119.    329          

of the Revised Code for the education, training, certification,    330          

and duties of veterans service commissioners;                      331          

      (E)  Developing and monitoring programs and agreements       333          

enhancing employment and training for veterans in single or        334          

multiple county areas;                                             335          

      (F)  Developing and monitoring programs and agreements to    337          

enable county veterans service commissions to address              338          

homelessness, indigency, and other veteran-related issues          339          

individually or jointly;                                           340          

      (G)  Developing and monitoring programs and agreements to    342          

enable state agencies, individually or jointly, that provide       343          

services to veterans, including the Ohio veterans' home and the    344          

Ohio bureau of employment services, to address homelessness,       346          

indigency, employment, and other veteran-related issues;           347          

      (H)  Establishing and providing statistical reporting        349          

formats and procedures for county veterans service commissions;    350          

      (I)  Publishing annually, promulgating change notices for,   352          

and distributing a listing of county veterans service officers,    353          

county veterans service commissioners, state directors of          354          

veterans affairs, and national and state service officers of       355          

accredited veterans organizations and their state headquarters.    356          

The listing shall include the expiration dates of commission       357          

members' terms of office and the organizations they represent;     358          

the names, addresses, and telephone numbers of county veterans     359          

service officers and state directors of veterans affairs; and the  360          

addresses and telephone numbers of the Ohio offices and            361          

headquarters of state and national veterans service                362          

organizations.                                                     363          

      (J)  Publishing, by the first day of April of each           365          

odd-numbered year, a directory of Ohio THE laws OF THIS STATE      367          

dealing with veterans, as enacted through the conclusion of the    368          

previous session of the general assembly, and distributing the     369          

                                                          9      


                                                                 
publication to each county veterans service office and the state   370          

headquarters of each congressionally chartered veterans            371          

organization in the state;                                         372          

      (K)  Establishing a veterans advisory committee to advise    374          

and assist the governor's office of veterans affairs in its        375          

duties.  Members shall include a state representative of           376          

congressionally chartered veterans organizations referred to in    377          

section 5901.02 of the Revised Code, a representative of any       378          

other congressionally chartered state veterans organization that   379          

has at least one veterans service commissioner in the state,       380          

three representatives of the Ohio state association of county      381          

veterans service commissioners, who shall have a combined vote of  382          

one, three representatives of the state association of county      383          

veterans service officers, who shall have a combined vote of one,  384          

one representative of the county commissioners association of      385          

Ohio, who shall be a county commissioner not from the same county  386          

as any of the other county representatives, and a representative   387          

of the office of the attorney general.  The governor's office of   388          

veterans affairs shall submit to the advisory committee proposed   390          

rules for the committee's operation.  The committee may review     391          

and revise these proposed rules prior to submitting them to the    392          

joint committee on agency rule review.                                          

      (L)  Promulgating ADOPTING, with the advice and assistance   394          

of the veterans advisory committee, policy and procedural          396          

guidelines, which THAT the veterans service commissions shall      397          

adhere to in the development and implementation of rules,          400          

policies, procedures, and guidelines for the administration of     401          

Chapter 5901. of the Revised Code.  The governor's office of       402          

veterans affairs shall promulgate ADOPT no guidelines or rules     403          

regulating the purposes, scope, duration, or amounts of financial  405          

assistance provided to applicants pursuant to sections 5901.01 to  406          

5901.15 of the Revised Code.  The director of the governor's       407          

office of veterans affairs may obtain opinions from the office of  408          

the attorney general regarding rules, policies, procedures, and    409          

                                                          10     


                                                                 
guidelines of the veterans service commissions and may enforce     410          

compliance with Chapter 5901. of the Revised Code.                 411          

      (M)  RECEIVING COPIES OF FORM DD214 FILED IN ACCORDANCE      413          

WITH THE DIRECTOR'S GUIDELINES ADOPTED UNDER DIVISION (L) OF THIS  414          

SECTION FROM MEMBERS OF VETERANS SERVICE COMMISSIONS APPOINTED     415          

UNDER SECTION 5901.02 AND FROM COUNTY VETERANS SERVICE OFFICERS    417          

EMPLOYED UNDER SECTION 5901.07 OF THE REVISED CODE;                             

      (N)  Taking any other actions required by this chapter.      419          

      Sec. 5902.15.  (A)  IF THE PRESIDENT OF THE UNITED STATES    422          

INDICATES THAT NATIONAL GUARD OR RESERVE FORCES WITH HEADQUARTERS  423          

IN THIS STATE MAY BE CALLED TO ACTIVE MILITARY DUTY, THE GOVERNOR  424          

OR THE DIRECTOR OF THE GOVERNOR'S OFFICE OF VETERANS AFFAIRS       426          

SHALL CONVENE, NOT LATER THAN TEN DAYS AFTER ALL ITS MEMBERS ARE   427          

APPOINTED, A MILITARY ACTIVATION TASK FORCE TO DETERMINE WHETHER   428          

FEDERAL, STATE, AND COUNTY AGENCIES HAVE PREPARED PROPER SUPPORT   429          

MECHANISMS FOR THAT MILITARY ACTIVATION.  THE TASK FORCE SHALL     430          

PREPARE AND PUBLISH A REPORT STATING WHETHER THESE MECHANISMS      431          

HAVE BEEN PREPARED AND WHAT FURTHER ACTIONS NEED TO BE TAKEN TO    432          

SUPPORT THAT MILITARY ACTIVATION.                                               

      (B)  THE MEMBERS OF THE TASK FORCE ARE THE CHAIRPERSONS AND  434          

RANKING MINORITY MEMBERS OF THE COMMITTEES OF THE HOUSE OF         435          

REPRESENTATIVES AND SENATE THAT CUSTOMARILY CONSIDER BILLS         436          

DEALING WITH THE MILITARY AND VETERANS AFFAIRS, AND A              437          

REPRESENTATIVE OF EACH OF THE FOLLOWING AGENCIES AND               438          

ORGANIZATIONS WHOM THAT AGENCY OR ORGANIZATION SHALL APPOINT:      439          

      (1)  THE OHIO ARMY NATIONAL GUARD;                           441          

      (2)  THE OHIO AIR NATIONAL GUARD;                            443          

      (3)  THE UNITED STATES ARMY RESERVE;                         445          

      (4)  THE UNITED STATES MARINE CORPS RESERVE;                 447          

      (5)  THE UNITED STATES NAVAL RESERVE;                        449          

      (6)  THE UNITED STATES AIR FORCE RESERVE;                    451          

      (7)  THE UNITED STATES COAST GUARD RESERVE;                  453          

      (8)  THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS;       456          

      (9)  THE AMERICAN LEGION, DEPARTMENT OF OHIO;                459          

                                                          11     


                                                                 
      (10)  THE VETERANS OF FOREIGN WARS, DEPARTMENT OF OHIO;      462          

      (11)  THE AMVETS, DEPARTMENT OF OHIO;                        464          

      (12)  THE DISABLED AMERICAN VETERANS, DEPARTMENT OF OHIO;    468          

      (13)  THE AMERICAN EX-PRISONERS OF WAR, DEPARTMENT OF OHIO;  472          

      (14)  THE VIETNAM VETERANS OF AMERICA, DEPARTMENT OF OHIO;   476          

      (15)  THE OFFICE OF THE OHIO ATTORNEY GENERAL;               478          

      (16)  THE OHIO ASSOCIATION OF COUNTY VETERANS SERVICE        480          

OFFICERS;                                                          481          

      (17)  THE OHIO ASSOCIATION OF COUNTY VETERANS SERVICE        483          

COMMISSIONERS;                                                     484          

      (18)  THE BUREAU OF EMPLOYMENT SERVICES;                     486          

      (19)  THE DEPARTMENT OF ADMINISTRATIVE SERVICES;             488          

      (20)  THE STATE DEPARTMENT OF HUMAN SERVICES;                490          

      (21)  THE OHIO OFFICE OF THE UNITED STATES DEPARTMENT OF     493          

LABOR;                                                                          

      (22)  THE EMPLOYER SUPPORT OF THE NATIONAL GUARD AND         495          

RESERVE;                                                                        

      (23)  THE OHIO MILITARY FAMILY SUPPORT GROUP;                497          

      (24)  THE NATIONAL LEAGUE OF FAMILIES OF PRISONERS AND       499          

MISSING IN ACTION;                                                 500          

      (25)  THE GOVERNOR'S OFFICE OF VETERANS AFFAIRS.             502          

      (C)  AT ITS FIRST MEETING, THE TASK FORCE SHALL ELECT A      504          

CHAIRPERSON AND OTHER OFFICERS IT CONSIDERS NECESSARY.             506          

      (D)  MEMBERS OF THE TASK FORCE SHALL RECEIVE NO              508          

COMPENSATION BUT SHALL BE REIMBURSED FOR EXPENSES THEY INCUR IN    509          

THE PERFORMANCE OF THEIR DUTIES.                                   510          

      (E)  MEMBERS OF THE TASK FORCE SHALL SERVE UNTIL THE TASK    512          

FORCE PUBLISHES ITS REPORT.  ANY VACANCY ON THE TASK FORCE SHALL   513          

BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.          514          

      (F)  THE GOVERNOR'S OFFICE OF VETERANS AFFAIRS SHALL         516          

PROVIDE THE TASK FORCE WITH NECESSARY PERSONNEL, SUPPLIES, AND     517          

SERVICES.                                                                       

      Section 2.  That existing sections 5.23, 123.024, 4503.571,  519          

5901.02, 5901.07, and 5902.02 of the Revised Code are hereby       520          

                                                          12     


                                                                 
repealed.                                                                       

      Section 3.  Each member of a county veterans service         522          

commission appointed under section 5901.02 of the Revised Code,    523          

as amended by this act, and each county veterans service officer   524          

appointed under section 5901.07 of the Revised Code, as amended    525          

by this act, who is serving on the effective date of this act      526          

shall file, within 60 days after that date, with the Governor's    527          

Office of Veterans Affairs, the member's or officer's Form DD214.  528