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| To amend section 5902.02 and to enact sections | 1 |
| 5902.16 and 5902.161 of the Revised Code to | 2 |
| provide compensation to veterans of the Persian | 3 |
| Gulf, Afghanistan, and Iraq conflicts. | 4 |
| Section 1. That section 5902.02 be amended and sections | 5 |
| 5902.16 and 5902.161 of the Revised Code be enacted to read as | 6 |
| follows: | 7 |
| Sec. 5902.02. The duties of the director of veterans | 8 |
| services shall include the following: | 9 |
| (A) Furnishing the veterans service commissions of all | 10 |
| counties of the state copies of the state laws, rules, and | 11 |
| legislation relating to the operation of the commissions and their | 12 |
| offices; | 13 |
| (B) Upon application, assisting the general public in | 14 |
| obtaining records of vital statistics pertaining to veterans or | 15 |
| their dependents; | 16 |
| (C) Adopting rules pursuant to Chapter 119. of the Revised | 17 |
| Code pertaining to minimum qualifications for hiring, certifying, | 18 |
| and accrediting county veterans service officers, pertaining to | 19 |
| their required duties, and pertaining to revocation of the | 20 |
| certification of county veterans service officers; | 21 |
| (D) Adopting rules pursuant to Chapter 119. of the Revised | 22 |
| Code for the education, training, certification, and duties of | 23 |
| veterans service commissioners and for the revocation of the | 24 |
| certification of a veterans service commissioner; | 25 |
| (E) Developing and monitoring programs and agreements | 26 |
| enhancing employment and training for veterans in single or | 27 |
| multiple county areas; | 28 |
| (F) Developing and monitoring programs and agreements to | 29 |
| enable county veterans service commissions to address | 30 |
| homelessness, indigency, and other veteran-related issues | 31 |
| individually or jointly; | 32 |
| (G) Developing and monitoring programs and agreements to | 33 |
| enable state agencies, individually or jointly, that provide | 34 |
| services to veterans, including the veterans' homes operated under | 35 |
| Chapter 5907. of the Revised Code and the director of job and | 36 |
| family services, to address homelessness, indigency, employment, | 37 |
| and other veteran-related issues; | 38 |
| (H) Establishing and providing statistical reporting formats | 39 |
| and procedures for county veterans service commissions; | 40 |
| (I) Publishing annually, promulgating change notices for, and | 41 |
| distributing a listing of county veterans service officers, county | 42 |
| veterans service commissioners, state directors of veterans | 43 |
| affairs, and national and state service officers of accredited | 44 |
| veterans organizations and their state headquarters. The listing | 45 |
| shall include the expiration dates of commission members' terms of | 46 |
| office and the organizations they represent; the names, addresses, | 47 |
| and telephone numbers of county veterans service officers and | 48 |
| state directors of veterans affairs; and the addresses and | 49 |
| telephone numbers of the Ohio offices and headquarters of state | 50 |
| and national veterans service organizations. | 51 |
| (J) Publishing, by the first day of April of each | 52 |
| odd-numbered year, a directory of the laws of this state dealing | 53 |
| with veterans, as enacted through the conclusion of the previous | 54 |
| session of the general assembly, and distributing the publication | 55 |
| to each county veterans service office and the state headquarters | 56 |
| of each congressionally chartered veterans organization in the | 57 |
| state; | 58 |
| (K) Establishing a veterans advisory committee to advise and | 59 |
| assist the department of veterans services in its duties. | 60 |
| Members shall include a state representative of congressionally | 61 |
| chartered veterans organizations referred to in section 5901.02 | 62 |
| of the Revised Code, a representative of any other | 63 |
| congressionally chartered state veterans organization that has at | 64 |
| least one veterans service commissioner in the state, three | 65 |
| representatives of the Ohio state association of county veterans | 66 |
| service commissioners, who shall have a combined vote of one, | 67 |
| three representatives of the state association of county veterans | 68 |
| service officers, who shall have a combined vote of one, one | 69 |
| representative of the county commissioners association of Ohio, | 70 |
| who shall be a county commissioner not from the same county as | 71 |
| any of the other county representatives, a representative of the | 72 |
| advisory committee on women veterans, a representative of a labor | 73 |
| organization, and a representative of the office of the attorney | 74 |
| general. The department of veterans services shall submit to | 75 |
| the advisory committee proposed rules for the committee's | 76 |
| operation. The committee may review and revise these proposed | 77 |
| rules prior to submitting them to the joint committee on agency | 78 |
| rule review. | 79 |
| (L) Adopting, with the advice and assistance of the veterans | 80 |
| advisory committee, policy and procedural guidelines that the | 81 |
| veterans service commissions shall adhere to in the development | 82 |
| and implementation of rules, policies, procedures, and guidelines | 83 |
| for the administration of Chapter 5901. of the Revised Code. The | 84 |
| department of veterans services shall adopt no guidelines or | 85 |
| rules regulating the purposes, scope, duration, or amounts of | 86 |
| financial assistance provided to applicants pursuant to sections | 87 |
| 5901.01 to 5901.15 of the Revised Code. The director of veterans | 88 |
| services may obtain opinions from the office of the attorney | 89 |
| general regarding rules, policies, procedures, and guidelines of | 90 |
| the veterans service commissions and may enforce compliance with | 91 |
| Chapter 5901. of the Revised Code. | 92 |
| (M) Receiving copies of form DD214 filed in accordance with | 93 |
| the director's guidelines adopted under division (L) of this | 94 |
| section from members of veterans service commissions appointed | 95 |
| under section 5901.02 and from county veterans service officers | 96 |
| employed under section 5901.07 of the Revised Code; | 97 |
| (N) Developing and maintaining and improving a resource, such | 98 |
| as a telephone answering point or a web site, by means of which | 99 |
| veterans and their dependents, through a single portal, can access | 100 |
| multiple sources of information and interaction with regard to the | 101 |
| rights of, and the benefits available to, veterans and their | 102 |
| dependents. The director of veterans services may enter into | 103 |
| agreements with state and federal agencies, with agencies of | 104 |
| political subdivisions, with state and local instrumentalities, | 105 |
| and with private entities as necessary to make the resource as | 106 |
| complete as is possible. | 107 |
| (O) Planning, organizing, advertising, and conducting | 108 |
| outreach efforts, such as conferences and fairs, at which veterans | 109 |
| and their dependents may meet, learn about the organization and | 110 |
| operation of the department of veterans services and of veterans | 111 |
| service commissions, and obtain information about the rights of, | 112 |
| and the benefits and services available to, veterans and their | 113 |
| dependents; | 114 |
| (P) Advertising, in print, on radio and television, and | 115 |
| otherwise, the rights of, and the benefits and services available | 116 |
| to, veterans and their dependents; | 117 |
| (Q) Developing and advocating improved benefits and services | 118 |
| for, and improved delivery of benefits and services to, veterans | 119 |
| and their dependents; | 120 |
| (R) Searching for, identifying, and reviewing statutory and | 121 |
| administrative policies that relate to veterans and their | 122 |
| dependents and reporting to the general assembly statutory and | 123 |
| administrative policies that should be consolidated in whole or in | 124 |
| part within the organization of the department of veterans | 125 |
| services to unify funding, delivery, and accounting of statutory | 126 |
| and administrative policy expressions that relate particularly | 127 |
| to veterans and their dependents; | 128 |
| (S) Encouraging veterans service commissions to innovate and | 129 |
| otherwise to improve efficiency in delivering benefits and | 130 |
| services to veterans and their dependents and to report successful | 131 |
| innovations and efficiencies to the director of veterans services; | 132 |
| (T) Publishing and encouraging adoption of successful | 133 |
| innovations and efficiencies veterans service commissions have | 134 |
| achieved in delivering benefits and services to veterans and their | 135 |
| dependents; | 136 |
| (U) Establishing advisory committees, in addition to the | 137 |
| veterans advisory committee established under division (K) of this | 138 |
| section, on veterans issues; | 139 |
| (V) Developing and maintaining a relationship with the | 140 |
| United States department of veterans affairs, seeking optimal | 141 |
| federal benefits and services for Ohio veterans and their | 142 |
| dependents, and encouraging veterans service commissions to | 143 |
| maximize the federal benefits and services to which veterans and | 144 |
| their dependents are entitled; | 145 |
| (W) Developing and maintaining relationships with the | 146 |
| several veterans organizations, encouraging the organizations in | 147 |
| their efforts at assisting veterans and their dependents, and | 148 |
| advocating for adequate state subsidization of the organizations; | 149 |
| (X) Requiring the several veterans organizations that receive | 150 |
| funding from the state annually to report to the director of | 151 |
| veterans services and prescribing the form and content of the | 152 |
| report; | 153 |
| (Y) Investigating complaints against county veterans services | 154 |
| commissioners and county veterans service officers if the director | 155 |
| reasonably believes the investigation to be appropriate and | 156 |
| necessary; | 157 |
| (Z) Administering the Persian gulf, Afghanistan, and Iraq | 158 |
| conflict compensation program established in section 5902.16 of | 159 |
| the Revised Code and adopting rules as necessary to implement the | 160 |
| program; | 161 |
| (AA) Taking any other actions required by this chapter. | 162 |
| Sec. 5902.16. (A) As used in this section: | 163 |
| "Afghanistan service" means military service within | 164 |
| Afghanistan during the period between October 7, 2001, and the | 165 |
| date determined by the president or congress of the United States | 166 |
| as the end of the involvement of the United States armed forces | 167 |
| in Afghanistan. | 168 |
| "Domestic service" means service within the territorial | 169 |
| limits of the fifty states, excluding sea duty. | 170 |
| "Foreign service" means service in locations other than the | 171 |
| territorial limits of the fifty states, excluding Persian gulf, | 172 |
| Afghanistan, or Iraq service. | 173 |
| "Iraq service" means military service within Iraq during the | 174 |
| period between March 19, 2003, and the date determined by the | 175 |
| president or congress of the United States as the end of the | 176 |
| involvement of the United States armed forces in Iraq. | 177 |
| "Persian gulf service" means military service within the | 178 |
| Persian gulf theater of operations during the period between | 179 |
| August 2, 1990, and March 3, 1991. | 180 |
| "United States armed forces" includes members of the Ohio | 181 |
| national guard serving on active duty. | 182 |
| (B) The director of veterans services shall implement and | 183 |
| administer the Persian gulf, Afghanistan, and Iraq conflicts | 184 |
| compensation program. Under the program, payments shall be made to | 185 |
| each person who meets all of the following requirements: | 186 |
| (1) The person has served in active duty in the United States | 187 |
| armed forces, except active duty for training only, at any time | 188 |
| between August 2, 1990, and March 3, 1991, at any time between | 189 |
| October 7, 2001, and the date determined by the president or | 190 |
| congress of the United States as the end of involvement of the | 191 |
| United States armed forces in Afghanistan, or at any time between | 192 |
| March 19, 2003, and the date determined by the president or | 193 |
| congress of the United States as the end of the involvement of the | 194 |
| United States armed forces in Iraq; | 195 |
| (2) The person was an Ohio resident for at least one year | 196 |
| immediately preceding the start of active duty service and is | 197 |
| currently an Ohio resident; | 198 |
| (3) The person was separated from the United States armed | 199 |
| forces under honorable conditions, is still serving in active | 200 |
| duty service, is retired from active duty service, or remains in | 201 |
| the Ohio national guard after serving on active duty. | 202 |
| (C) A person who meets the requirements of division (B) of | 203 |
| this section may apply to receive compensation of fifty dollars | 204 |
| for each month of active domestic or foreign service and one | 205 |
| hundred dollars for each month of Persian gulf, Afghanistan, or | 206 |
| Iraq service during the compensable periods. A person who is | 207 |
| medically discharged or medically retired from service due to | 208 |
| combat-related disabilities sustained during Persian gulf, | 209 |
| Afghanistan, or Iraq service may apply to receive compensation of | 210 |
| one thousand dollars. The maximum amount of cash payable to any | 211 |
| person in active domestic or foreign service is five hundred | 212 |
| dollars and the maximum amount of cash payable to any person in | 213 |
| Persian gulf, Afghanistan, or Iraq service is one thousand | 214 |
| dollars, unless the person qualifies for a survivor's payment or | 215 |
| a payment based on missing in action or prisoner of war status | 216 |
| under division (D) of this section. Compensation for a fraction | 217 |
| of a month of service shall be paid on the basis of | 218 |
| one-thirtieth of the appropriate monthly amount for each day of | 219 |
| service. | 220 |
| (D)(1) The surviving spouse, surviving child or children, or | 221 |
| surviving parent or parents, including a person or persons | 222 |
| standing in loco parentis for one year preceding commencement of | 223 |
| service in the United States armed forces, is entitled to, and may | 224 |
| apply to receive, the same amount of compensation that the person | 225 |
| who served in the armed forces would have received under division | 226 |
| (C) of this section. If the United States department of | 227 |
| veterans' affairs determines that the person's death was the | 228 |
| result of injuries or illness sustained in Persian gulf, | 229 |
| Afghanistan, or Iraq service, the person's survivors are entitled | 230 |
| to, and may apply for, a survivor's payment of five thousand | 231 |
| dollars, regardless of the amount of compensation that the | 232 |
| deceased would have been entitled to receive under this section, | 233 |
| if living. The survivor's payment shall be made to the surviving | 234 |
| spouse. If there is no surviving spouse, the payment shall go to | 235 |
| the surviving child or children. If there are no surviving | 236 |
| children, the payment shall go to the surviving parent or parents | 237 |
| or person or persons standing in loco parentis. | 238 |
| (2) A person designated by the United States department of | 239 |
| defense as missing in action as a result of honorable service or | 240 |
| held in enemy captivity, or the spouse, child, or parent, | 241 |
| including a person standing in loco parentis for one year | 242 |
| preceding commencement of active duty service, of a person | 243 |
| designated as missing in action or held in enemy captivity, is | 244 |
| entitled to, and may apply for, a payment of five thousand | 245 |
| dollars. This payment replaces any other cash benefit payable | 246 |
| under this section. While the person is missing or held captive, | 247 |
| the payment shall be made to the person's spouse. If there is no | 248 |
| spouse to claim the payment, payment shall be made to the | 249 |
| person's child or children. If the person does not have | 250 |
| children, payment shall be made to the person's parent or | 251 |
| parents or person or persons standing in loco parentis. | 252 |
| No payment to a spouse, child, parent, or person in loco | 253 |
| parentis of a person designated as missing in action as a result | 254 |
| of honorable service or held in enemy captivity, while the person | 255 |
| is missing in action or held captive, shall prevent the missing or | 256 |
| captive person from claiming and receiving a bonus of an equal | 257 |
| amount on the person's release or location. | 258 |
| (E) Compensation shall not be paid under this section as | 259 |
| follows: | 260 |
| (1) To any person who received from another state a bonus or | 261 |
| compensation of a similar nature; | 262 |
| (2) To any person who served less than ninety days in the | 263 |
| United States armed forces, unless active duty was terminated as | 264 |
| a result of injuries or illness sustained during Persian gulf, | 265 |
| Afghanistan, or Iraq service during the compensable period; | 266 |
| (3) To any person for any time period spent under penal | 267 |
| confinement during the compensable period. | 268 |
| (F) All applications for payment of compensation under this | 269 |
| section shall be made to the director according to the following | 270 |
| schedule: | 271 |
| (1) For Persian gulf service, not later than December 31, | 272 |
| 2010. | 273 |
| (2) For Afghanistan service, not later than three years after | 274 |
| the date determined by the president or congress of the United | 275 |
| States as the end of involvement of the United States armed forces | 276 |
| in Afghanistan. | 277 |
| (3) For Iraq service, not later than three years after the | 278 |
| date determined by the president or congress of the United States | 279 |
| as the end of involvement of the United States armed forces in | 280 |
| Iraq. | 281 |
| (G) The director shall have complete charge of making | 282 |
| payment of compensation under division (C) of this section and | 283 |
| shall adopt rules, including rules regarding the amounts to which | 284 |
| beneficiaries are entitled, residency requirements, and any other | 285 |
| rules necessary to implement this section. These rules shall be | 286 |
| adopted in accordance with Chapter 119. of the Revised Code. | 287 |
| The director shall select and appoint legal counsel and | 288 |
| employees as are necessary and fix their compensation and | 289 |
| prescribe their duties. All appointees shall serve at the | 290 |
| director's pleasure. When practical, the director shall employ | 291 |
| Persian gulf, Afghanistan, and Iraq conflict veterans to fill | 292 |
| such positions. | 293 |
| (H) No sale or assignment of any right or claim to | 294 |
| compensation under this section shall be valid. No claims of | 295 |
| creditors shall be enforceable against rights or claims to or | 296 |
| payments of compensation under this section. No fees shall be | 297 |
| charged for services in connection with the prosecution of any | 298 |
| right or claim to compensation or the collection of any | 299 |
| compensation under this section. | 300 |
| (I) On payment of all valid claims for cash compensation made | 301 |
| within the time limitations under this section, the director shall | 302 |
| make a final report to the general assembly. Any funds remaining | 303 |
| in the Persian gulf, Afghanistan, and Iraq conflicts | 304 |
| compensation fund shall be transferred to the budget stabilization | 305 |
| fund. | 306 |
| Sec. 5902.161. (A) There is hereby created in the state | 307 |
| treasury the Persian gulf, Afghanistan, and Iraq conflicts | 308 |
| compensation fund. The fund shall consist of amounts lawfully | 309 |
| appropriated, transferred, and credited to the fund. The director | 310 |
| of veterans services shall use the fund to pay for compensation | 311 |
| to veterans of the Persian gulf, Afghanistan, and Iraq conflicts | 312 |
| in accordance with section 5902.16 of the Revised Code. All | 313 |
| investment earnings of the fund shall be credited to the fund. | 314 |
| (B) If the director of veterans services determines that the | 315 |
| money available in the Persian gulf, Afghanistan, and Iraq | 316 |
| conflicts compensation fund is inadequate to provide the | 317 |
| compensation required by section 5902.16 of the Revised Code, the | 318 |
| director of veterans services shall request that the director of | 319 |
| budget and management transfer an amount in cash, estimated by the | 320 |
| director of veterans services as being sufficient to meet those | 321 |
| requirements, from the budget stabilization fund established in | 322 |
| section 131.43 of the Revised Code to the Persian gulf, | 323 |
| Afghanistan, and Iraq conflicts compensation fund. The total | 324 |
| amount to be transferred from the budget stabilization fund to the | 325 |
| Persian gulf, Afghanistan, and Iraq conflicts compensation fund, | 326 |
| including any amounts authorized in uncodified law, shall not be | 327 |
| more than two hundred million dollars. | 328 |
| Section 2. That existing section 5902.02 of the Revised Code | 329 |
| is hereby repealed. | 330 |
| Section 3. All items in this section are hereby appropriated | 331 |
| as designated out of any moneys in the state treasury to the | 332 |
| credit of the Persian Gulf, Afghanistan, and Iraq Conflicts | 333 |
| Compensation Fund for fiscal year 2009. The appropriation made in | 334 |
| this act is in addition to any other appropriations made for the | 335 |
| FY 2008-2009 biennium. | 336 |
| Appropriations |
| 337 | |
| Persian Gulf, Afghanistan, and Iraq Conflicts Compensation Fund | 338 |
| 5FS0 | 900605 | Persian Gulf, Afghanistan, and Iraq Conflicts Compensation | $ | 150,000,000 | 339 | |||
| TOTAL 5FS0 Persian Gulf, Afghanistan, and Iraq Conflicts Compensation Fund | $ | 150,000,000 | 340 | |||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 150,000,000 | 341 | |||||
| PERSIAN GULF, AFGHANISTAN, AND IRAQ CONFLICTS COMPENSATION | 342 |
| Within 15 days after the effective date of this section, the | 343 |
| Director of Budget and Management shall transfer $150,000,000 in | 344 |
| fiscal year 2009 from the Budget Stabilization Fund (Fund 7013) to | 345 |
| the Persian Gulf, Afghanistan, and Iraq Conflicts Compensation | 346 |
| Fund (Fund 5FS0) in the Department of Veterans Services. | 347 |
| The Director of Veterans Services shall use the foregoing | 348 |
| appropriation item 900605, Persian Gulf, Afghanistan, and Iraq | 349 |
| Conflicts Compensation, to carry out section 5902.16 of the | 350 |
| Revised Code. | 351 |
| Section 4. Within the limits set forth in this act, the | 352 |
| Director of Budget and Management shall establish accounts | 353 |
| indicating the source and amount of funds for each appropriation | 354 |
| made in this act, and shall determine the form and manner in which | 355 |
| appropriation accounts shall be maintained. Expenditures from | 356 |
| appropriations contained in this act shall be accounted for as | 357 |
| though made in Am. Sub. H.B. 119 of the 127th General Assembly. | 358 |
| The appropriations made in this act are subject to all | 359 |
| provisions of Am. Sub. H.B. 119 of the 127th General Assembly that | 360 |
| are generally applicable to the appropriations. | 361 |
| Section 5. The codified and uncodified sections of law | 362 |
| amended and enacted by this act are exempt from the referendum | 363 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 364 |
| of the Revised Code and therefore take effect immediately when | 365 |
| this act becomes law. | 366 |