As Passed by the House 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-REPRESENTATIVES 10
CALLENDER-HOOPS-BUEHRER-HOLLISTER-STEVENS-CAREY-TAYLOR- 11
GRENDELL-PETERSON-WILLAMOWSKI-KRUPINSKI-JORDAN-COUGHLIN-YOUNG- 12
TIBERI-BUCHY-BRITTON-VESPER-HARRIS-WOMER BENJAMIN-MOTTLEY- 13
ALLEN-METZGER-TRAKAS-CALVERT-WIDENER-AMSTUTZ-ROMAN-SCHURING- 14
O'BRIEN-ASLANIDES-SALERNO-BRADING-A. CORE-PATTON-AUSTRIA- 15
BENDER-DISTEL-REDFERN-GOODING-FLANNERY-D. MILLER-HARTNETT- 16
EVANS-VERICH-DePIERO-SMITH 17
_________________________________________________________________ 18
A B I L L
To amend sections 5.23, 123.024, 4503.571, 5901.02, 20
5901.07, and 5902.02 and to enact sections 21
3301.25, 5901.99, and 5902.15 of the Revised Code 22
to require members of county veterans service 23
commissions and county veterans service officers 24
to file a copy of their Form DD214 with the 25
Governor's Office of Veterans Affairs; to
designate November 10 of each year as "Veterans 26
Educate Today's Students Day"; to authorize the 27
Department of Education to distribute to school 28
libraries a book and videotape relating to the 29
Ohio Veterans Plaza or any other appropriate
written or video material regarding veterans; to 30
eliminate the payment of the existing additional 31
$10 fee in connection with a Purple Heart special
license plate; to make it a misdemeanor of the 32
first degree to misrepresent one's veteran or 33
veteran-related status to obtain certain benefits 34
or financial assistance; to require the
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Department of Administrative Services to provide 35
office space for the Ohio Veterans' Home; and to
create the Military Activation Task Force at 38
specified times in the Governor's Office of
Veterans Affairs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 40
Section 1. That sections 5.23, 123.024, 4503.571, 5901.02, 42
5901.07, and 5902.02 be amended and sections 3301.25, 5901.99, 43
and 5902.15 of the Revised Code be enacted to read as follows: 45
Sec. 5.23. (A) The twelfth day of February, known as 54
Lincoln's birthday, the twenty-second day of February, known as 56
Washington's birthday, the thirtieth day of May, known as 57
Memorial day, and the eleventh day of November, known as
Veterans' day, shall be commemorated in the schools. 58
(B) THE TENTH DAY OF NOVEMBER IS DESIGNATED AS "VETERANS 60
EDUCATE TODAY'S STUDENTS DAY" OR "V.E.T.S. DAY." EACH ELEMENTARY 62
AND SECONDARY SCHOOL IN THIS STATE IS ENCOURAGED TO COMMEMORATE 63
AND OBSERVE THIS DAY BY INVITING VETERANS, ON OR ABOUT THIS DAY,
TO VISIT THE SCHOOL AND DISCUSS THEIR MILITARY EXPERIENCES WITH 64
THE STUDENTS OF THE SCHOOL. 65
Sec. 123.024. (A) The department of administrative 75
services shall assign and make available, at state expense, 76
suitable office space in state-owned facilities to accommodate 77
the office operations of the state headquarters of both ALL of 78
the following: 80
(1) All veterans organizations in this state that either 82
are incorporated and issued a charter by the congress of the 83
United States or are recognized by the United States department 84
of veterans affairs; 85
(2) The auxiliary organizations of veterans organizations 87
described in division (A)(1) of this section; 88
(3) THE OHIO VETERANS' HOME. 90
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(B) The department may situate office space for each 92
auxiliary organization of a veterans organization with or near 93
the office space of that veterans organization. 94
Sec. 3301.25. THE DEPARTMENT OF EDUCATION SHALL DISTRIBUTE 96
TO THE LIBRARY OF EACH SECONDARY SCHOOL IN THIS STATE A COPY OF A 97
VIDEOTAPE OF THE OHIO VETERANS PLAZA DEDICATION. AND SHALL 98
DISTRIBUTE THE BOOK LETTERS HOME: THE LETTERS OF THE OHIO 100
VETERANS PLAZA OR OTHER APPROPRIATE WRITTEN MATERIAL REGARDING 101
VETERANS.
Sec. 4503.571. Any person who has been awarded the purple 110
heart may apply to the registrar of motor vehicles for the 111
registration of one passenger car, noncommercial motor vehicle, 112
recreational vehicle, or other vehicle of a class approved by the 113
registrar that the person owns or leases. The application shall 114
be accompanied by such documentary evidence in support of the 115
award as the registrar may require. The application may be 116
combined with a request for a special reserved license plate 117
under section 4503.40 or 4503.42 of the Revised Code. 118
Upon receipt of an application for registration of a motor 120
vehicle under this section and the required taxes and fees, and 121
UPON presentation of the required supporting evidence of the 122
award of the purple heart, the registrar shall issue to the 124
applicant the appropriate motor vehicle registration and a set of 125
license plates and a validation sticker, or a validation sticker 126
alone when required by section 4503.191 of the Revised Code. 127
In addition to the letters and numbers ordinarily inscribed 129
thereon ON THE LICENSE PLATES, the license plates shall be 131
inscribed with the words "PURPLE HEART." The license plates 132
shall bear county identification stickers that identify the
county of registration by name or number. 133
The license plates and validation stickers shall be issued 135
upon payment of the regular license fee required by section 136
4503.04 of the Revised Code, payment of any local motor vehicle 137
license tax levied under Chapter 4504. of the Revised Code, 138
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payment of an additional fee of ten dollars, and compliance with 139
all other applicable laws relating to the registration of motor 140
vehicles. If the application is combined with a request for a 141
special reserved license plate under section 4503.40 or 4503.42 142
of the Revised Code, the license plates and validation sticker 143
shall be issued upon payment of the fees and taxes referred to in 144
this section and the additional fee prescribed under section 145
4503.40 or 4503.42 of the Revised Code. The additional fee of 146
ten dollars shall be for the purpose of compensating the bureau 147
of motor vehicles for additional services required in the issuing 149
of license plates under this section and shall be transmitted by 150
the registrar to the treasurer of state for deposit into the 151
state treasury to the credit of the state bureau of motor
vehicles fund created by section 4501.25 of the Revised Code. 152
No person who is not a recipient of the purple heart shall 154
willfully and falsely represent that the person is a recipient of 155
a purple heart for the purpose of obtaining license plates under 156
this section. No person shall own a motor vehicle bearing 157
license plates under this section unless the person is eligible 158
to be issued such THOSE license plates. 159
Sec. 5901.02. In each county there shall be a commission 168
known as "the veterans service commission" composed of five 169
persons. Such THOSE persons shall be residents of the county and 171
shall be appointed to five-year terms by a judge of the court of 172
common pleas. At the time of his appointment or reappointment to 174
the commission, no commission member shall be an employee of the
commission or hold an elective or other appointive office of the 175
county served by the commission. 176
Each person on MEMBER OF the commission shall be an 178
honorably discharged or honorably separated veteran. WITHIN 180
SIXTY DAYS AFTER THE DATE OF APPOINTMENT, EACH MEMBER OF THE 181
COMMISSION SHALL FILE THE MEMBER'S FORM DD214 WITH THE GOVERNOR'S 182
OFFICE OF VETERANS AFFAIRS IN ACCORDANCE WITH GUIDELINES 183
ESTABLISHED BY THE DIRECTOR OF THAT OFFICE. Appointments to the 185
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commission shall be made from lists of recommended persons, in 187
the manner specified in the following paragraph. One person 188
shall be a representative recommended by the American Legion; one
person shall be a representative recommended by the Veterans of 189
Foreign Wars; one person shall be a representative recommended by 190
the Disabled American Veterans; one person shall be a 191
representative recommended by the AMVETS,; and one person shall 192
be a representative recommended by the Military Order of the 194
Purple Heart of the U.S.A. or the Vietnam Veterans of America. 195
If any such organization has no post or chapter located in the
county, the appointment shall be made from lists of recommended 196
persons submitted by posts or chapters of any other 197
congressionally chartered veterans organizations located in the 198
county. If no such other organizations have posts or chapters 199
located in the county, the judge DESCRIBED IN THE FOLLOWING 200
PARAGRAPH may appoint any qualified veteran to represent the 201
veteran community.
On or before the fifteenth day of October of each year, the 203
judge of the court of common pleas who is responsible for making 204
appointments to the commission shall notify each post or chapter, 205
of each organization within the county from which the member may 206
or must be appointed that it may submit a list containing three 207
recommendations of persons who are eligible for appointment. If
the judge does not receive any recommendations within sixty days 208
after providing the required notification, he THE JUDGE may 209
appoint any qualified veteran to represent the veteran community. 211
The judge shall make the appointment on or before the fifteenth 212
day of January of each year. Vacancies occurring on the
commission shall be filled in the same manner as the original 213
appointments.
Beginning in the year 2000, appointments to the commission 215
shall be made as follows: 216
(A) Appointments for members to represent the American 218
Legion shall be made for terms to commence in years ending in 219
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zero and five.
(B) Appointments for members to represent the veterans 222
VETERANS of Foreign Wars shall be made for terms to commence in 223
years ending in one and six.
(C) Appointments for members to represent the Disabled 225
American Veterans shall be made for terms to commence in years 226
ending in two and seven.
(D) Appointments for members to represent the AMVETS shall 228
be made for terms to commence in years ending in three and eight. 229
(E) Appointments for members to represent the Military 231
Order of the Purple Heart of the U.S.A. or the Vietnam Veterans 232
of America shall be made for terms to commence in years ending in 233
four and nine.
The terms immediately preceding the initial appointments 235
made under divisions (A) to (E) of this section may be for 236
periods of less than five years.
Sec. 5901.07. The veterans service commission shall employ 245
one or more county veterans service officers, one of whom may act 246
as executive director. Each SERVICE officer shall be a veteran. 247
WITHIN SIXTY DAYS AFTER THE DATE OF INITIAL EMPLOYMENT, EACH 248
SERVICE OFFICER SHALL FILE A COPY OF THE OFFICER'S FORM DD214 249
WITH THE GOVERNOR'S OFFICE OF VETERANS AFFAIRS IN ACCORDANCE WITH 250
GUIDELINES ESTABLISHED BY THE DIRECTOR OF THAT OFFICE. Each 251
SERVICE OFFICER shall be employed in the classified service and 254
is exempt from civil service examination. The duties of these 256
SERVICE officers are to SHALL advise and assist present and 257
former members of the armed forces of the United States, 258
veterans, and their spouses, surviving spouses, children, 259
parents, and dependents in presenting claims or obtaining rights 260
or benefits under any law of the United States or of this state. 261
The commission shall employ each service officer on a part- 264
or full-time basis and fix his THE OFFICER'S compensation. No 265
county commissioner or member of the veterans service commission 266
shall be employed as a service officer. The 267
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THE commission shall employ the necessary clerks, 270
stenographers, and other personnel to assist the service officer 271
OFFICERS in the performance of duties and SHALL fix their 272
compensation. Each of these employees shall be a veteran or, if 273
a qualified veteran is not available, the spouse, surviving 274
spouse, child, or parent of a veteran. Each OF THESE EMPLOYEES 275
shall be employed in the classified service and is exempt from 277
civil service examination. The
THE board of county commissioners, upon the recommendation 280
or approval of the VETERANS SERVICE commission, may provide 281
suitable office space, supplies, and office and incidental 282
expenses for each service officer. The compensation of the EACH 283
service officer and of any employee and any expenses incurred 284
under this section shall be paid out of funds appropriated to the 285
commission, as provided in section 5901.11 of the Revised Code. 286
Sec. 5901.99. (A) NO PERSON WHO IS NOT A VETERAN, AN 288
ACTIVE-DUTY MEMBER OF THE ARMED FORCES OF THE UNITED STATES, OR 290
THE SPOUSE, SURVIVING SPOUSE, DEPENDENT PARENT, MINOR CHILD, OR 291
WARD OF A VETERAN OR AN ACTIVE-DUTY MEMBER OF THE ARMED FORCES OF 292
THE UNITED STATES SHALL KNOWINGLY REPRESENT THAT THE PERSON IS A 294
VETERAN, AN ACTIVE-DUTY MEMBER OF THE ARMED FORCES OF THE UNITED 295
STATES, OR THE SPOUSE, SURVIVING SPOUSE, DEPENDENT PARENT, MINOR 296
CHILD, OR WARD OF A VETERAN OR AN ACTIVE-DUTY MEMBER OF THE ARMED 298
FORCES OF THE UNITED STATES AND IS ELIGIBLE FOR ANY BENEFITS OR 300
FINANCIAL ASSISTANCE RELATED TO VETERAN STATUS FOR THE PURPOSE OF 301
RECEIVING SUCH BENEFITS OR FINANCIAL ASSISTANCE. 302
(B) WHOEVER VIOLATES THIS SECTION IS GUILTY OF 304
MISREPRESENTATION OF VETERAN STATUS, A MISDEMEANOR OF THE FIRST 305
DEGREE.
Sec. 5902.02. The duties of the director of the governor's 314
office of veterans affairs shall include the following: 315
(A) Furnishing the veterans service commissions of all 317
counties of the state copies of the state laws, rules, and 318
legislation relating to the operation of the commissions and 319
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their offices; 320
(B) Upon application, assisting the general public in 322
obtaining records of vital statistics pertaining to veterans or 323
their dependents; 324
(C) Promulgating ADOPTING rules pursuant to Chapter 119. 326
of the Revised Code pertaining to minimum qualifications for 327
hiring, certifying, and accrediting county veterans service 328
officers and pertaining to their required duties; 329
(D) Promulgating ADOPTING rules pursuant to Chapter 119. 331
of the Revised Code for the education, training, certification, 332
and duties of veterans service commissioners; 333
(E) Developing and monitoring programs and agreements 335
enhancing employment and training for veterans in single or 336
multiple county areas; 337
(F) Developing and monitoring programs and agreements to 339
enable county veterans service commissions to address 340
homelessness, indigency, and other veteran-related issues 341
individually or jointly; 342
(G) Developing and monitoring programs and agreements to 344
enable state agencies, individually or jointly, that provide 345
services to veterans, including the Ohio veterans' home and the 346
Ohio bureau of employment services, to address homelessness, 348
indigency, employment, and other veteran-related issues; 349
(H) Establishing and providing statistical reporting 351
formats and procedures for county veterans service commissions; 352
(I) Publishing annually, promulgating change notices for, 354
and distributing a listing of county veterans service officers, 355
county veterans service commissioners, state directors of 356
veterans affairs, and national and state service officers of 357
accredited veterans organizations and their state headquarters. 358
The listing shall include the expiration dates of commission 359
members' terms of office and the organizations they represent; 360
the names, addresses, and telephone numbers of county veterans 361
service officers and state directors of veterans affairs; and the 362
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addresses and telephone numbers of the Ohio offices and 363
headquarters of state and national veterans service 364
organizations. 365
(J) Publishing, by the first day of April of each 367
odd-numbered year, a directory of Ohio THE laws OF THIS STATE 369
dealing with veterans, as enacted through the conclusion of the 370
previous session of the general assembly, and distributing the 371
publication to each county veterans service office and the state 372
headquarters of each congressionally chartered veterans 373
organization in the state; 374
(K) Establishing a veterans advisory committee to advise 376
and assist the governor's office of veterans affairs in its 377
duties. Members shall include a state representative of 378
congressionally chartered veterans organizations referred to in 379
section 5901.02 of the Revised Code, a representative of any 380
other congressionally chartered state veterans organization that 381
has at least one veterans service commissioner in the state, 382
three representatives of the Ohio state association of county 383
veterans service commissioners, who shall have a combined vote of 384
one, three representatives of the state association of county 385
veterans service officers, who shall have a combined vote of one, 386
one representative of the county commissioners association of 387
Ohio, who shall be a county commissioner not from the same county 388
as any of the other county representatives, and a representative 389
of the office of the attorney general. The governor's office of 390
veterans affairs shall submit to the advisory committee proposed 392
rules for the committee's operation. The committee may review 393
and revise these proposed rules prior to submitting them to the 394
joint committee on agency rule review.
(L) Promulgating ADOPTING, with the advice and assistance 396
of the veterans advisory committee, policy and procedural 398
guidelines, which THAT the veterans service commissions shall 399
adhere to in the development and implementation of rules, 402
policies, procedures, and guidelines for the administration of 403
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Chapter 5901. of the Revised Code. The governor's office of 404
veterans affairs shall promulgate ADOPT no guidelines or rules 405
regulating the purposes, scope, duration, or amounts of financial 407
assistance provided to applicants pursuant to sections 5901.01 to 408
5901.15 of the Revised Code. The director of the governor's 409
office of veterans affairs may obtain opinions from the office of 410
the attorney general regarding rules, policies, procedures, and 411
guidelines of the veterans service commissions and may enforce 412
compliance with Chapter 5901. of the Revised Code. 413
(M) RECEIVING COPIES OF FORM DD214 FILED IN ACCORDANCE 415
WITH THE DIRECTOR'S GUIDELINES ADOPTED UNDER DIVISION (L) OF THIS 416
SECTION FROM MEMBERS OF VETERANS SERVICE COMMISSIONS APPOINTED 417
UNDER SECTION 5901.02 AND FROM COUNTY VETERANS SERVICE OFFICERS 419
EMPLOYED UNDER SECTION 5901.07 OF THE REVISED CODE;
(N) Taking any other actions required by this chapter. 421
Sec. 5902.15. (A) IF THE PRESIDENT OF THE UNITED STATES 424
INDICATES THAT NATIONAL GUARD OR RESERVE FORCES WITH HEADQUARTERS 425
IN THIS STATE MAY BE CALLED TO ACTIVE MILITARY DUTY, THE GOVERNOR 426
OR THE DIRECTOR OF THE GOVERNOR'S OFFICE OF VETERANS AFFAIRS 428
SHALL CONVENE, NOT LATER THAN TEN DAYS AFTER ALL ITS MEMBERS ARE 429
APPOINTED, A MILITARY ACTIVATION TASK FORCE TO DETERMINE WHETHER 430
FEDERAL, STATE, AND COUNTY AGENCIES HAVE PREPARED PROPER SUPPORT 431
MECHANISMS FOR THAT MILITARY ACTIVATION. THE TASK FORCE SHALL 432
PREPARE AND PUBLISH A REPORT STATING WHETHER THESE MECHANISMS 433
HAVE BEEN PREPARED AND WHAT FURTHER ACTIONS NEED TO BE TAKEN TO 434
SUPPORT THAT MILITARY ACTIVATION.
(B) THE MEMBERS OF THE TASK FORCE ARE THE CHAIRPERSONS AND 436
RANKING MINORITY MEMBERS OF THE COMMITTEES OF THE HOUSE OF 437
REPRESENTATIVES AND SENATE THAT CUSTOMARILY CONSIDER BILLS 438
DEALING WITH THE MILITARY AND VETERANS AFFAIRS, AND A 439
REPRESENTATIVE OF EACH OF THE FOLLOWING AGENCIES AND 440
ORGANIZATIONS WHOM THAT AGENCY OR ORGANIZATION SHALL APPOINT: 441
(1) THE OHIO ARMY NATIONAL GUARD; 443
(2) THE OHIO AIR NATIONAL GUARD; 445
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(3) THE UNITED STATES ARMY RESERVE; 447
(4) THE UNITED STATES MARINE CORPS RESERVE; 449
(5) THE UNITED STATES NAVAL RESERVE; 451
(6) THE UNITED STATES AIR FORCE RESERVE; 453
(7) THE UNITED STATES COAST GUARD RESERVE; 455
(8) THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS; 458
(9) THE AMERICAN LEGION, DEPARTMENT OF OHIO; 461
(10) THE VETERANS OF FOREIGN WARS, DEPARTMENT OF OHIO; 464
(11) THE AMVETS, DEPARTMENT OF OHIO; 466
(12) THE DISABLED AMERICAN VETERANS, DEPARTMENT OF OHIO; 470
(13) THE AMERICAN EX-PRISONERS OF WAR, DEPARTMENT OF OHIO; 474
(14) THE VIETNAM VETERANS OF AMERICA, DEPARTMENT OF OHIO; 478
(15) THE OFFICE OF THE OHIO ATTORNEY GENERAL; 480
(16) THE OHIO ASSOCIATION OF COUNTY VETERANS SERVICE 482
OFFICERS; 483
(17) THE OHIO ASSOCIATION OF COUNTY VETERANS SERVICE 485
COMMISSIONERS; 486
(18) THE BUREAU OF EMPLOYMENT SERVICES; 488
(19) THE DEPARTMENT OF ADMINISTRATIVE SERVICES; 490
(20) THE STATE DEPARTMENT OF HUMAN SERVICES; 492
(21) THE OHIO OFFICE OF THE UNITED STATES DEPARTMENT OF 495
LABOR;
(22) THE EMPLOYER SUPPORT OF THE NATIONAL GUARD AND 497
RESERVE;
(23) THE OHIO MILITARY FAMILY SUPPORT GROUP; 499
(24) THE NATIONAL LEAGUE OF FAMILIES OF PRISONERS AND 501
MISSING IN ACTION; 502
(25) THE GOVERNOR'S OFFICE OF VETERANS AFFAIRS. 504
(C) AT ITS FIRST MEETING, THE TASK FORCE SHALL ELECT A 506
CHAIRPERSON AND OTHER OFFICERS IT CONSIDERS NECESSARY. 508
(D) MEMBERS OF THE TASK FORCE SHALL RECEIVE NO 510
COMPENSATION BUT SHALL BE REIMBURSED FOR EXPENSES THEY INCUR IN 511
THE PERFORMANCE OF THEIR DUTIES. 512
(E) MEMBERS OF THE TASK FORCE SHALL SERVE UNTIL THE TASK 514
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FORCE PUBLISHES ITS REPORT. ANY VACANCY ON THE TASK FORCE SHALL 515
BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT. 516
(F) THE GOVERNOR'S OFFICE OF VETERANS AFFAIRS SHALL 518
PROVIDE THE TASK FORCE WITH NECESSARY PERSONNEL, SUPPLIES, AND 519
SERVICES.
Section 2. That existing sections 5.23, 123.024, 4503.571, 521
5901.02, 5901.07, and 5902.02 of the Revised Code are hereby 522
repealed.
Section 3. Each member of a county veterans service 524
commission appointed under section 5901.02 of the Revised Code, 525
as amended by this act, and each county veterans service officer 526
appointed under section 5901.07 of the Revised Code, as amended 527
by this act, who is serving on the effective date of this act 528
shall file, within 60 days after that date, with the Governor's 529
Office of Veterans Affairs, the member's or officer's Form DD214. 530