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.
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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
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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
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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
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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.
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(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
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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
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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
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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
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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
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(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
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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