SENATORS Amstutz, Prentiss, Brady

To amend sections 311.01 and 3313.616 of the Revised

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Code to grant high school diplomas to veterans of

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the Korean Conflict, to expand eligibility for

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diplomas to certain veterans, to clarify the

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educational qualifications for county sheriffs,

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and to declare and emergency.

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

Section 1. That sections 311.01 and 3313.616 of the Revised	7
Code be amended to read as follows:	8

Sec. 311.01.  (A) A sheriff shall be elected quadrennially in	9
each county. A sheriff shall hold office for a term of four years,	10
beginning on the first Monday of January next after the sheriff's	11
election.	12

(B) Except as otherwise provided in this section, no person	13
is eligible to be a candidate for sheriff, and no person shall be	14
elected or appointed to the office of sheriff, unless that person	15
meets all of the following requirements:	16

(1) The person is a citizen of the United States.

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(2) The person has been a resident of the county in which the	18
person is a candidate for or is appointed to the office of sheriff	19
for at least one year immediately prior to the qualification date.	20

(3) The person has the qualifications of an elector as	21
specified in section 3503.01 of the Revised Code and has complied	22
with all applicable election laws.	23

(4) The person has been awarded a high school diploma or a	24
certificate of high school equivalence issued for achievement of	25
specified minimum scores on the general educational development	26
test of the American council on education.	27

(5) The person has not been convicted of or pleaded guilty to	28
a felony or any offense involving moral turpitude under the laws	29
of this or any other state or the United States, and has not been	30
convicted of or pleaded guilty to an offense that is a misdemeanor	31
of the first degree under the laws of this state or an offense	32
under the laws of any other state or the United States that	33
carries a penalty that is substantially equivalent to the penalty	34
for a misdemeanor of the first degree under the laws of this	35
state.	36

(6) The person has been fingerprinted and has been the	37
subject of a search of local, state, and national fingerprint	38
files to disclose any criminal record. Such fingerprints shall be	39
taken under the direction of the administrative judge of the court	40
of common pleas who, prior to the applicable qualification date,	41
shall notify the board of elections, board of county	42
commissioners, or county central committee of the proper political	43
party, as applicable, of the judge's findings.	44

(7) The person has prepared a complete history of the	45
person's places of residence for a period of six years immediately	46
preceding the qualification date and a complete history of the	47
person's places of employment for a period of six years	48
immediately preceding the qualification date, indicating the name	49
and address of each employer and the period of time employed by	50
that employer. The residence and employment histories shall be	51
filed with the administrative judge of the court of common pleas	52
of the county, who shall forward them with the findings under	53
division (B)(6) of this section to the appropriate board of	54
elections, board of county commissioners, or county central	55
committee of the proper political party prior to the applicable	56
qualification date.	57

(8) The person meets at least one of the following	58
conditions:	59

(a) Has obtained or held, within the four-year period ending	60
immediately prior to the qualification date, a valid basic peace	61
officer certificate of training issued by the Ohio peace officer	62
training commission or has been issued a certificate of training	63
pursuant to section 5503.05 of the Revised Code, and, within the	64
four-year period ending immediately prior to the qualification	65
date, has been employed as an appointee pursuant to section	66
5503.01 of the Revised Code or as a full-time peace officer as	67
defined in section 109.71 of the Revised Code performing duties	68
related to the enforcement of statutes, ordinances, or codes;	69

(b) Has obtained or held, within the three-year period ending	70
immediately prior to the qualification date, a valid basic peace	71
officer certificate of training issued by the Ohio peace officer	72
training commission and has been employed for at least the last	73
three years prior to the qualification date as a full-time law	74
enforcement officer, as defined in division (A)(11) of section	75
2901.01 of the Revised Code, performing duties related to the	76
enforcement of statutes, ordinances, or codes.	77

(9) The person meets at least one of the following	78
conditions:	79

(a) Has at least two years of supervisory experience as a	80
peace officer at the rank of corporal or above, or has been	81
appointed pursuant to section 5503.01 of the Revised Code and	82
served at the rank of sergeant or above, in the five-year period	83
ending immediately prior to the qualification date;	84

(b) Has completed satisfactorily at least two years of	85
post-secondary education or the equivalent in semester or quarter	86
hours in a college or university authorized to confer degrees by	87
the Ohio board of regents or the comparable agency of another	88
state in which the college or university is located or in a school	89
that holds a certificate of registration issued by the state board	90
of career colleges and schools under Chapter 3332. of the Revised	91
Code.	92

(C) Persons who meet the requirements of division (B) of this	93
section, except the requirement of division (B)(2) of this	94
section, may take all actions otherwise necessary to comply with	95
division (B) of this section. If, on the applicable qualification	96
date, no person has met all the requirements of division (B) of	97
this section, then persons who have complied with and meet the	98
requirements of division (B) of this section, except the	99
requirement of division (B)(2) of this section, shall be	100
considered qualified candidates under division (B) of this	101
section.	102

(D) Newly elected sheriffs shall attend a basic training	103
course conducted by the Ohio peace officer training commission	104
pursuant to division (A) of section 109.80 of the Revised Code. A	105
newly elected sheriff shall complete not less than two weeks of	106
this course before the first Monday in January next after the	107
sheriff's election. While attending the basic training course, a	108
newly elected sheriff may, with the approval of the board of	109
county commissioners, receive compensation, paid for from funds	110
established by the sheriff's county for this purpose, in the same	111
manner and amounts as if carrying out the powers and duties of the	112
office of sheriff.	113

Appointed sheriffs shall attend the first basic training	114
course conducted by the Ohio peace officer training commission	115
pursuant to division (A) of section 109.80 of the Revised Code	116
within six months following the date of appointment or election to	117
the office of sheriff. While attending the basic training course,	118
appointed sheriffs shall receive regular compensation in the same	119
manner and amounts as if carrying out their regular powers and	120
duties.	121

Five days of instruction at the basic training course shall	122
be considered equal to one week of work. The costs of conducting	123
the basic training course and the costs of meals, lodging, and	124
travel of appointed and newly elected sheriffs attending the	125
course shall be paid from state funds appropriated to the	126
commission for this purpose.	127

(E) In each calendar year, each sheriff shall attend and	128
successfully complete at least sixteen hours of continuing	129
education approved under division (B) of section 109.80 of the	130
Revised Code. A sheriff who receives a waiver of the continuing	131
education requirement from the commission under division (C) of	132
section 109.80 of the Revised Code because of medical disability	133
or for other good cause shall complete the requirement at the	134
earliest time after the disability or cause terminates.	135

(F)(1) Each person who is a candidate for election to or who	136
is under consideration for appointment to the office of sheriff	137
shall swear before the administrative judge of the court of common	138
pleas as to the truth of any information the person provides to	139
verify the person's qualifications for the office. A person who	140
violates this requirement is guilty of falsification under section	141
2921.13 of the Revised Code.	142

(2) Each board of elections shall certify whether or not a	143
candidate for the office of sheriff who has filed a declaration of	144
candidacy, a statement of candidacy, or a declaration of intent to	145
be a write-in candidate meets the qualifications specified in	146
divisions (B) and (C) of this section.	147

(G) The office of a sheriff who is required to comply with	148
division (D) or (E) of this section and who fails to successfully	149
complete the courses pursuant to those divisions is hereby deemed	150
to be vacant.	151

(H) As used in this section:

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(1) "Qualification date" means the last day on which a	153
candidate for the office of sheriff can file a declaration of	154
candidacy, a statement of candidacy, or a declaration of intent to	155
be a write-in candidate, as applicable, in the case of a primary	156
election for the office of sheriff; the last day on which a person	157
may be appointed to fill a vacancy in a party nomination for the	158
office of sheriff under Chapter 3513. of the Revised Code, in the	159
case of a vacancy in the office of sheriff; or a date thirty days	160
after the day on which a vacancy in the office of sheriff occurs,	161
in the case of an appointment to such a vacancy under section	162
305.02 of the Revised Code.	163

(2) "Newly elected sheriff" means a person who did not hold	164
the office of sheriff of a county on the date the person was	165
elected sheriff of that county.	166

Sec. 3313.616.  (A)(1) Notwithstanding the requirements of	167
sections 3313.61, 3313.611, and 3313.612 of the Revised Code, the	168
board of education of any city, exempted village, or local school	169
district or the governing authority of any chartered nonpublic	170
school may grant a high school diploma to any World War II veteran	171
of World War II or the Korean conflict who is a resident of this	172
state or who was previously enrolled in any high school in this	173
state if all of the following apply:	174

(a) The veteran lefteither:

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(i) Left a public or nonpublic school located in any state	176
prior to graduation in order to serve in the armed forces of the	177
United States;	178

(ii) Left a public or nonpublic school located in any state	179
prior to graduation due to family circumstances and subsequently	180
entered the armed forces of the United States.	181

(b) The veteran received an honorable discharge from the	182
armed forces of the United States.	183

(c) The veteran has not been granted a diploma as provided in	184
section 3313.61 or 3313.612 of the Revised Code, a diploma of	185
adult education as provided in section 3313.611 of the Revised	186
Code, or a diploma under this section.	187

(2) If a veteran who would otherwise qualify for a diploma	188
under this section is deceased, the board of education of any	189
school district or the governing authority of any chartered	190
nonpublic school may award such diploma to the veteran	191
posthumously and may present that diploma to a living relative of	192
the veteran.	193

(B) The governor's office of veterans' affairs, in accordance	194
with section 111.15 of the Revised Code, and with the advice and	195
consent of the veterans advisory committee established under	196
division (K) of section 5902.02 of the Revised Code, shall develop	197
and adopt rules to implement this section. Such rules shall	198
include, but not be limited to, rules establishing procedures for	199
application and verification of eligible veterans for a diploma	200
under this section.	201

Section 2. That existing sections 311.01 and 3313.616 of the	202
Revised Code are hereby repealed.	203

Section 3.  This act is hereby declared to be an emergency	204
measure necessary for the immediate preservation of the public	205
peace, health, and safety. The reason for such necessity is that	206
the number of living veterans of World War II and the Korean	207
Conflict is decreasing each day and the sacrifices they made by	208
foregoing the completion of their own educations should be	209
acknowledged and honored without delay. Therefore, this act shall	210
go into immediate effect.	211