| Section 1. That sections 121.02, 121.03, 3313.616, 5901.02, | 14 |
|
5901.021, 5901.07, 5901.09, 5902.01, 5902.02, 5902.03, 5902.04, | 15 |
|
5902.05, 5902.06, 5902.07, 5902.08, 5902.15, 5904.01, 5907.01, | 16 |
|
5907.02, and 5910.02 be amended and sections
5902.021 and 5902.09 | 17 |
|
of the Revised Code be enacted to read as follows: | 18 |
| Sec. 3313.616. (A) Notwithstanding the requirements of | 96 |
|
sections
3313.61, 3313.611, and 3313.612 of the Revised Code, the | 97 |
|
board of
education of any city, exempted village, or local school | 98 |
|
district or the governing authority of any chartered nonpublic | 99 |
|
school
may grant a high school diploma
to any
veteran
of World War | 100 |
|
II, the Korean conflict, or the Vietnam conflict
who is
a resident | 101 |
|
of this
state or who was previously enrolled in any high school in | 102 |
|
this state if all of the following
apply: | 103 |
| (B) Notwithstanding the requirements of sections 3313.61, | 117 |
|
3313.611, and 3313.612 of the Revised Code, the board of education | 118 |
|
of any city, exempted village, or local school district or the | 119 |
|
governing authority of any chartered nonpublic school may grant a | 120 |
|
high school diploma to any woman who left high school during World | 121 |
|
War II, the Korean conflict, or the Vietnam conflict and who is a | 122 |
|
resident of this state or was previously enrolled in any high | 123 |
|
school in this state, if both of the following apply: | 124 |
(D) The governor's officedepartment of
veterans' affairs, in | 141 |
|
accordance with section 111.15 of the Revised Code, and with the | 142 |
|
advice and consent of the veterans advisory committee established | 143 |
|
under division (K) of section 5902.02 of the Revised Code, shall | 144 |
|
develop and adopt rules to
implement this
section. Such rules | 145 |
|
shall include, but not be limited to, rules
establishing | 146 |
|
procedures for
application and verification of
eligible persons | 147 |
|
for a diploma under this
section. | 148 |
| Sec. 5901.02. In each county there shall be a commission | 149 |
|
known as "the
veterans service commission."
Except as provided in | 150 |
|
section 5901.021 of the Revised Code, the commission shall be | 151 |
|
composed of five
residents of the
county
appointed to five-year | 152 |
|
terms by a judge
of the
court of common
pleas. At the time of | 153 |
|
appointment or
reappointment
to the
commission, no commission | 154 |
|
member
appointed
under this section shall be an employee of the | 155 |
|
commission
or hold
an elective or other appointive office of the | 156 |
|
county served by the
commission. | 157 |
| Each member of the commission
appointed under this section | 158 |
|
shall be an honorably
discharged or honorably
separated veteran. | 159 |
|
Within sixty days
after the date of appointment, each
such
member | 160 |
shall
file the member's form DD214
with the
governor's office | 161 |
| department of
veterans
affairs in accordance with
guidelines | 162 |
established by the
director of that
officedepartment.
Such | 163 |
|
appointments shall be
made
from
lists
of
recommended persons, in | 164 |
|
the manner specified in
the
following paragraph. One
person shall | 165 |
|
be a representative
recommended by the American Legion; one
person | 166 |
|
shall be a
representative recommended by the Veterans of Foreign | 167 |
|
Wars;
one
person shall be a representative recommended by the | 168 |
|
Disabled
American
Veterans; one person shall be a representative | 169 |
|
recommended by the
AMVETS; and one person shall be a | 170 |
|
representative
recommended by the
Military Order of the Purple | 171 |
|
Heart of the U.S.A., the Vietnam Veterans of
America, or the | 172 |
|
Korean War Veterans Association. If any such organization has no | 173 |
|
post or chapter located in the
county, the appointment shall be | 174 |
|
made from lists of recommended persons
submitted by posts or | 175 |
|
chapters of any other congressionally chartered veterans | 176 |
|
organizations located in the county. If no such other | 177 |
|
organizations have
posts or chapters located in the county, the | 178 |
|
judge
responsible for making
appointments under this section may | 179 |
|
appoint any
qualified
veteran
to represent the veteran community. | 180 |
| On or before the fifteenth day of October of each year, the | 181 |
|
appointing
judge
shall notify each post
or chapter
of each | 182 |
|
organization within the county from
which the
member may
or must | 183 |
|
be appointed that it may submit a list
containing
three | 184 |
|
recommendations of persons who are eligible for
appointment. If | 185 |
|
the
judge does not receive any recommendations
within sixty days | 186 |
|
after providing
the required notification, the
judge may appoint | 187 |
|
any
qualified veteran to represent
the veteran
community. The | 188 |
|
judge shall make the appointment on or before the
fifteenth day of | 189 |
|
January of each year.
Any
vacancy in a membership appointed under | 190 |
|
this
section
shall
be
filled in the same manner as the original | 191 |
|
appointments. | 192 |
| (B)(1) In any
county
that is described in division (A)
of | 216 |
|
this section and in which the
veterans service
commission
submits | 217 |
|
a budget request under section
5901.11 of the
Revised Code
for the | 218 |
|
ensuing fiscal year that
exceeds
twenty-five-thousandths of one | 219 |
|
per cent of the
assessed value of
property in
the county or
the | 220 |
|
amount
appropriated to the
commission from the
county general fund | 221 |
|
in the
current fiscal year
by more than ten
per cent of that | 222 |
|
appropriation, the
board
of
county commissioners,
by resolution, | 223 |
|
may create not more
than six
memberships on the
veterans service | 224 |
|
commission in
addition to the
memberships
provided for by section | 225 |
|
5901.02 of the
Revised Code.
The board
shall prescribe the number | 226 |
|
of years
the additional
memberships
shall exist,
which shall not | 227 |
|
exceed five
years. Once
a board of
county
commissioners creates
| 228 |
|
any additional
memberships, it may
not create
further
additional | 229 |
|
memberships
under this
section if the total number of
such | 230 |
|
memberships
would exceed six.
The
board shall
appoint
persons who | 231 |
|
are residents of the county
and who are honorably
discharged or | 232 |
|
honorably separated veterans to each of the
additional | 233 |
|
memberships, for terms prescribed by the board and
commencing on a | 234 |
|
date fixed by the board.
Each person appointed to
an additional | 235 |
|
membership shall file, within sixty days after the
date of the | 236 |
appointment, the person's form DD214 with the
governor's office | 237 |
| department of veterans affairs in accordance with
guidelines | 238 |
established by the director of that officedepartment. | 239 |
| Sec. 5901.07. The veterans service commission shall employ | 252 |
|
one or more county veterans service officers, one of whom may act | 253 |
|
as executive
director. Each service officer shall be a veteran. | 254 |
|
Within sixty
days after the date of initial employment, each | 255 |
|
service officer shall file a
copy of the officer's form DD214 with | 256 |
the
governor's officedepartment of veterans affairs in accordance | 257 |
with guidelines
established by the director of that office | 258 |
| department. Each service
officer
shall be employed in the | 259 |
|
classified service and is exempt from civil service examination. | 260 |
|
The
service officers shall advise and
assist present and former | 261 |
|
members of the
armed forces of the United States, veterans, and | 262 |
|
their spouses, surviving spouses, children, parents, and | 263 |
|
dependents
in presenting claims or obtaining rights or benefits | 264 |
|
under any law of the United States or of this state. | 265 |
| The commission shall employ the
necessary clerks, | 270 |
|
stenographers, and other personnel to assist
the service officers | 271 |
|
in the performance of duties and
shall fix their
compensation. | 272 |
|
Each of these employees shall be a veteran or, if a qualified | 273 |
|
veteran is not available, the spouse, surviving spouse, child, or | 274 |
|
parent of
a veteran. Each of these employees shall be employed in | 275 |
|
the classified
service and is exempt
from civil service | 276 |
|
examination. | 277 |
| The board of county commissioners, upon the
recommendation or | 278 |
|
approval of the veterans service commission, may
provide
suitable | 279 |
|
office space, supplies, and office and incidental
expenses for | 280 |
|
each service officer. The compensation of each
service officer and | 281 |
|
of any employee and any expenses incurred
under this section shall | 282 |
|
be paid out of funds appropriated to the
commission, as provided | 283 |
|
in section 5901.11 of the Revised Code. | 284 |
| Sec. 5901.09. (A) Each applicant for financial assistance | 285 |
|
under
sections 5901.01
to 5901.15 of the Revised Code shall | 286 |
|
provide the veterans service commission
with a statement | 287 |
|
concerning the applicant's household income and
the amount of real | 288 |
|
and
personal taxable property, stocks, bonds, moneys on hand | 289 |
|
loaned or deposited
in any bank or elsewhere, shares in building | 290 |
|
associations, mortgages, notes,
or other articles of value from | 291 |
|
which the applicant derives an
income or revenue.
The statement | 292 |
|
shall be made upon blanks furnished by the
commission and shall be | 293 |
|
subscribed by the applicant. | 294 |
| (4) Any other documents that are used by or are in the | 310 |
|
possession of a
veterans service
commission that may affect the | 311 |
|
determination of the eligibility of an
applicant for financial | 312 |
|
assistance
under sections 5901.01 to 5901.15 of the Revised Code | 313 |
|
or
that may affect the determination of an increase, decrease, or | 314 |
|
discontinuance
of an allowance under section 5901.14
of the | 315 |
|
Revised Code, if those documents are required to
be kept | 316 |
|
confidential under any statute of this state or the United
States; | 317 |
| (5) Any applications to obtain benefits under any law of the | 318 |
|
United States or of this state, and any documents
accompanying | 319 |
|
those applications, in the possession of a veterans service | 320 |
|
commission and filed by persons in the armed forces of the United | 321 |
|
States, veterans, or the spouses, surviving spouses, children, | 322 |
|
parents, or dependents of veterans. | 323 |
| (C) Interviews of applicants for financial assistance under | 324 |
|
sections 5901.01 to 5901.15 of the Revised Code, discussions of | 325 |
|
the
applications, statements,
and other documents described in | 326 |
|
division (B) of this section,
and reviews of matters relating to | 327 |
|
applicants' requests for financial
assistance under sections | 328 |
|
5901.01 to 5901.15
of the Revised Code shall be kept confidential. | 329 |
|
In accordance with division
(J) of section 121.22 of the Revised | 330 |
|
Code, a veterans
service commission shall conduct a meeting of the | 331 |
|
commission
or a portion of a meeting of the commission to | 332 |
|
interview an applicant for
financial
assistance under sections | 333 |
|
5901.01 to 5901.15 of the Revised Code, to discuss
an application, | 334 |
|
statement, or other document described in division (B) of this | 335 |
|
section, or to review matters relating to an applicant's request | 336 |
|
for financial
assistance under sections 5901.01
to 5901.15 of the | 337 |
|
Revised Code in an executive session. | 338 |
| (D) Except as otherwise provided in division (E) of
this | 339 |
|
section or division
(B) of section 5902.04 of the Revised Code, a | 340 |
|
veterans
service commission shall ensure that the
applications, | 341 |
|
statements,
and other documents described in division (B) of this | 342 |
|
section are not
used
for any purpose other than to determine the | 343 |
|
eligibility of the applicant for
financial assistance under | 344 |
|
sections 5901.01 to 5901.15 of the Revised Code or
to determine | 345 |
|
whether to increase, decrease, or discontinue an allowance under | 346 |
|
section
5901.14 of the Revised Code. | 347 |
| (E)(1) An applicant for, or a recipient or former recipient | 348 |
|
of,
financial
assistance under sections 5901.01
to 5901.15 of the | 349 |
|
Revised Code may consent to the release
by a veterans service | 350 |
|
commission of any information in an application,
statement,
or | 351 |
|
other document described in
division (B) of this section that | 352 |
|
pertains to the applicant,
recipient, or former recipient by | 353 |
|
completing and
signing a release of information form. The form | 354 |
shall be prescribed by the
governor's officedepartment of | 355 |
|
veterans affairs. An applicant for, or a recipient or
former | 356 |
|
recipient of, financial assistance shall sign a separate release | 357 |
|
of
information form each time the applicant, recipient, or former | 358 |
|
recipient
consents to the release of any specific
information in | 359 |
|
the application, statement,
or other document involved. A copy
of | 360 |
|
each signed release of information form shall be kept in the file | 361 |
|
of the
applicant, recipient, or former recipient kept by the | 362 |
|
commission. The release
of information form shall specify the | 363 |
|
following items: | 364 |
| (2) A law enforcement officer may obtain an application, | 372 |
|
statement, or
document as described in division (B) of this | 373 |
|
section pursuant to an
investigation by a law enforcement | 374 |
|
authority, upon the issuance of a court
order established upon | 375 |
|
reasonable grounds that the information contained in
the | 376 |
|
applicaton, statement, or document is relevant to a suspected | 377 |
|
violation of
law. | 378 |
| (ii) Disclosure of the application, statement, or document | 386 |
|
serves
the interests of justice, because the need of the party | 387 |
|
requesting the
information within the application, statement, or | 388 |
|
document outweighs the
privacy interest of the applicant, | 389 |
|
recipient, or former recipient of financial
assistance under | 390 |
|
sections 5901.01 to 5901.15 of the Revised Code. | 391 |
Sec. 5902.01. There is hereby established within the office | 405 |
of the governor
the governor's office of veterans affairs. The | 406 |
governor shall appoint, with
the advice and consent of the senate, | 407 |
a chief executive assistant, who shall
be an honorably discharged | 408 |
or honorably separated veteran of the United States
armed forces, | 409 |
to be known as director of the governor's office of veterans | 410 |
affairs. The governor's officedepartment of veterans affairs | 411 |
shall employ such other
administrative and technical personnel as | 412 |
|
are necessary to perform the general
and specific duties of the | 413 |
officedepartment. The administrative assistants and
technical | 414 |
|
personnel shall be honorably discharged or honorably separated | 415 |
|
veterans of the United States
armed forces, and shall be employed | 416 |
in the classified service and
not be considered employees of the | 417 |
governor's office for purposes of division
(A)(16) of section | 418 |
124.11 or division (B)(2) of section
124.14 of the Revised Code. | 419 |
|
Each individual employed in the
clerical staff shall be an | 420 |
|
honorably discharged or honorably separated veteran or, if a | 421 |
|
qualified
veteran is not available, the spouse, surviving spouse, | 422 |
|
child, or parent of an
honorably discharged or honorably separated | 423 |
veteran, and shall be
employed in the classified service and not | 424 |
be considered an employee of the
governor's office for purposes of | 425 |
division (A)(16) of section 124.11
of the Revised Code. | 426 |
| (G) Developing and monitoring programs and agreements to | 450 |
|
enable state agencies, individually or jointly, that provide | 451 |
|
services to veterans, including the
veterans'
homes
operated under | 452 |
|
Chapter 5907. of the Revised Code and the director
of job and | 453 |
|
family
services, to address homelessness, indigency,
employment, | 454 |
|
and
other veteran-related issues; | 455 |
| (I) Publishing annually, promulgating change notices for,
and | 458 |
|
distributing a listing of county veterans service officers,
county | 459 |
|
veterans service commissioners, state directors of
veterans | 460 |
|
affairs, and national and state service officers of
accredited | 461 |
|
veterans organizations and their state headquarters.
The listing | 462 |
|
shall include the expiration dates of commission
members' terms of | 463 |
|
office and the organizations they represent;
the names, addresses, | 464 |
|
and telephone numbers of county veterans
service officers and | 465 |
|
state directors of veterans affairs; and the
addresses and | 466 |
|
telephone numbers of the Ohio offices and
headquarters of state | 467 |
|
and national veterans service
organizations. | 468 |
| (K) Establishing a veterans advisory committee to advise
and | 476 |
assist the governor's officedepartment of veterans affairs in its | 477 |
|
duties.
Members
shall include a state representative of | 478 |
|
congressionally
chartered veterans organizations referred to in | 479 |
|
section 5901.02
of
the Revised Code, a representative of any other | 480 |
|
congressionally
chartered state veterans organization that has at | 481 |
|
least one
veterans service commissioner in the state, three | 482 |
|
representatives
of the Ohio state association of county veterans | 483 |
|
service
commissioners, who shall have a combined vote of one, | 484 |
|
three
representatives of the state association of county veterans | 485 |
|
service officers, who shall have a combined vote of one, one | 486 |
|
representative of the county commissioners association of Ohio, | 487 |
|
who shall be a county commissioner not from the same county as
any | 488 |
|
of the other county representatives, a representative of the | 489 |
|
governor's women veterans advisory committee, and a representative | 490 |
of
the
office of the attorney general. The governor's office | 491 |
| department of
veterans
affairs shall submit to the advisory | 492 |
|
committee
proposed rules for
the committee's operation. The | 493 |
|
committee may review and revise
these proposed rules prior
to | 494 |
|
submitting them to the joint
committee on agency rule review. | 495 |
| (L) Adopting, with the advice and assistance of the
veterans | 496 |
|
advisory committee, policy and procedural
guidelines that the | 497 |
|
veterans service commissions shall adhere to in the
development | 498 |
|
and implementation of rules, policies, procedures,
and guidelines | 499 |
|
for the administration of Chapter 5901. of the
Revised Code. The | 500 |
governor's officedepartment of veterans affairs shall
adopt no | 501 |
|
guidelines or
rules regulating the purposes, scope,
duration, or | 502 |
|
amounts of
financial assistance provided to
applicants pursuant to | 503 |
|
sections
5901.01 to 5901.15 of the Revised
Code. The director of | 504 |
the
governor's office of veterans affairs
may obtain opinions from | 505 |
|
the
office of the attorney general
regarding rules, policies, | 506 |
|
procedures, and guidelines of the
veterans service commissions and | 507 |
|
may enforce compliance with
Chapter 5901. of the Revised Code. | 508 |
| (N) Developing and maintaining and improving a resource, such | 514 |
|
as a telephone answering point or a web site, by means of which | 515 |
|
veterans and their dependents, through a single portal, can access | 516 |
|
multiple sources of information and interaction with regard to the | 517 |
|
rights of, and the benefits available to, veterans and their | 518 |
|
dependents. The director of veterans affairs may enter into | 519 |
|
agreements with state and federal agencies, with agencies of | 520 |
|
political subdivisions, with state and local instrumentalities, | 521 |
|
and with private entities as necessary to make the resource as | 522 |
|
complete as is possible. | 523 |
| (O) Planning, organizing, advertising, and conducting | 524 |
|
outreach efforts, such as conferences and fairs, at which veterans | 525 |
|
and their dependents may meet, learn about the organization and | 526 |
|
operation of the department of veterans affairs and of veterans | 527 |
|
service commissions, and obtain information about the rights of, | 528 |
|
and the benefits and services available to, veterans and their | 529 |
|
dependents; | 530 |
| (R) Searching for, identifying, and reviewing statutory and | 537 |
|
administrative policies that relate to veterans and their | 538 |
|
dependents and reporting to the general assembly statutory and | 539 |
|
administrative policies that should be consolidated in whole or in | 540 |
|
part within the organization of the department of veterans affairs | 541 |
|
to unify funding, delivery, and accounting of statutory and | 542 |
|
administrative policy expressions that relate particularly to | 543 |
|
veterans and their dependents; | 544 |
| Sec. 5902.021. If the director of veterans affairs, upon | 570 |
|
complaint or the director's own initiative, finds that a veterans | 571 |
|
service commission is not properly discharging its duties and | 572 |
|
responsibilities to veterans and their dependents, the director | 573 |
|
may take charge of and temporarily direct the commission. In this | 574 |
|
event, the commission shall prepare a plan for corrective action | 575 |
|
and submit it to the director. If the plan is not acceptable, the | 576 |
|
director shall advise the commission how the plan might be made | 577 |
|
acceptable. When an acceptable corrective action plan has been | 578 |
|
agreed to, the commission shall implement the corrective actions. | 579 |
|
The director shall relinquish direction of the commission when the | 580 |
|
commission is again properly discharging its duties and | 581 |
|
responsibilities to veterans and their dependents. | 582 |
| The director may prepare and maintain files of such | 588 |
|
microfilmed certificates of discharge and separation in such | 589 |
|
manner that they may readily be available for the use of the | 590 |
governor's officedepartment of veterans affairs, authorized | 591 |
|
veterans service officers of the several
congressionally chartered | 592 |
|
veterans organizations, and county
veterans service officers of | 593 |
|
the several counties of the state
in support of applications for | 594 |
|
compensation, pension, medical, or
domiciliary care, or other | 595 |
|
state and federal benefits provided
for eligible veterans or their | 596 |
|
dependents or survivors. | 597 |
Sec. 5902.04. (A) Upon application, the director of the | 604 |
governor's
office of
veterans affairs shall furnish necessary | 605 |
|
instructions and advice to the
veterans of the state, their heirs, | 606 |
|
or their legal representatives, respecting
their claims against | 607 |
|
the United States or the state for
pensions,
bounty, bonus, back | 608 |
pay, or otherwise, by reason of military service, and
perform | 609 |
other duties that the governor requires. | 610 |
| (C)(1) No information or documents obtained by examinations | 620 |
|
conducted under division (B) of this section shall be considered | 621 |
part
of the public records of the governor's officedepartment of | 622 |
|
veterans affairs. The
director may disclose
information or | 623 |
|
documents that the director obtains pursuant to an examination | 624 |
|
conducted under division (B) of this section and that personally | 625 |
|
identify an applicant, recipient, or former recipient described in | 626 |
|
that
division, if either of the following applies: | 627 |
| Sec. 5902.05. For the purpose of assisting veterans, the | 637 |
director of the
governor's office of veterans affairs or
the | 638 |
|
director's
representative shall visit
each veterans' home
operated | 639 |
|
under Chapter 5907. of the Revised Code and
the national military | 640 |
|
home
at Dayton at least once every three
months,
and
may visit | 641 |
|
other veterans facilities as necessary. At
the discretion of the | 642 |
governor, the director of the governor's
office of veterans | 643 |
|
affairs or
the director's
representative
shall visit the several | 644 |
|
governmental departments at Washington,
D.C., or elsewhere, as may | 645 |
|
be necessary. | 646 |
| Sec. 5902.09. The person in charge of a state agency or | 662 |
|
instrumentality, an agency or instrumentality of a political | 663 |
|
subdivision, or a private entity, such as a nursing home, that | 664 |
|
provides law enforcement, health, or welfare services to | 665 |
|
individuals, other than the Ohio veterans' home, shall ask an | 666 |
|
individual with whom the agency, instrumentality, or entity | 667 |
|
interacts if the individual is a veteran or is or was the | 668 |
|
dependent of a veteran. If the individual claims to be such an | 669 |
|
individual, the person in charge shall report the individual's | 670 |
|
name, address, telephone number, and e-mail address; the agency's, | 671 |
|
instrumentality's, or entity's name, address, telephone number, | 672 |
|
and e-mail address; the nature of the agency's, instrumentality's, | 673 |
|
or entity's interaction with the individual; and the date on which | 674 |
|
the interaction occurred to the director of veterans affairs. The | 675 |
|
director shall inform the veterans service commission having | 676 |
|
jurisdiction about the veteran or dependent and the interaction. | 677 |
|
The commission shall inquire about, and offer benefits and | 678 |
|
services appropriate to, the veteran or dependent. | 679 |
| Sec. 5902.15. (A) If the president of the United
States | 680 |
|
indicates that national guard or reserve forces with
headquarters | 681 |
|
in this
state may be called to active military duty, the governor | 682 |
or the
director of the governor's office of veterans
affairs shall | 683 |
|
convene, not later than ten days after all its
members are | 684 |
|
appointed, a military activation task force to
determine whether | 685 |
|
federal, state, and county agencies have
prepared proper support | 686 |
|
mechanisms for that military activation. The
task force shall | 687 |
|
prepare and publish a report stating whether
these mechanisms have | 688 |
|
been prepared and what further actions need
to be taken to support | 689 |
|
that military activation. | 690 |
| (B) The Ohio veterans hall of fame shall have an executive | 747 |
|
committee composed of thirteen members, all of whom shall be | 748 |
veterans. The director of the governor's office of veterans | 749 |
affairs shall be an ex officio member. The governor's office | 750 |
| department of veterans affairs' veterans advisory committee, the | 751 |
|
advisory committee on women veterans, the Ohio veterans hall of | 752 |
|
fame foundation, the Veterans of Foreign Wars, the Disabled | 753 |
|
American Veterans, the AMVETS, the Vietnam Veterans of America, | 754 |
|
and the American Legion shall each appoint one member. | 755 |
| The Ohio veterans hall of fame executive committee shall | 756 |
|
appoint its final four members, one of whom shall be from any | 757 |
|
veterans organization that is incorporated in this state and that | 758 |
|
is not otherwise represented on the executive committee, one of | 759 |
|
whom was inducted into the veterans hall of fame three years | 760 |
|
before the current fiscal year, one of whom was inducted into the | 761 |
|
veterans hall of fame two years before the current fiscal year, | 762 |
|
and one of whom was inducted into the veterans hall of fame one | 763 |
|
year before the current fiscal year. | 764 |
| (F) The Ohio veterans hall of fame executive committee shall | 779 |
|
elect a chairperson and vice-chairperson from its membership. It | 780 |
|
shall meet annually to select inductees for the veterans hall of | 781 |
|
fame from the persons nominated in a manner prescribed by the | 782 |
|
executive committee. The names of selected inductees shall be | 783 |
|
submitted to the governor for final approval. The governor shall | 784 |
|
provide any final approval within thirty days after the executive | 785 |
|
committee submits the names of the selected inductees. The | 786 |
|
governor may reject any of the selected inductees for cause, but | 787 |
|
shall not make any additions to the list of those inductees. | 788 |
| (G) Except as otherwise provided in this division, all state | 789 |
|
elected officials, members of the general assembly, members of the | 790 |
|
Ohio veterans hall of fame foundation, members of the veterans | 791 |
|
hall of fame executive committee, members of the governor's staff, | 792 |
|
members of the veterans hall of fame staff, and members of any | 793 |
county veterans service commission, and the director of the | 794 |
governor's office of veterans affairs, shall not be eligible for | 795 |
|
induction into the veterans hall of fame until two years after | 796 |
|
they have left their position. The executive committee may waive | 797 |
|
the two-years requirement for nominees over the age of seventy. | 798 |
| Sec. 5907.02. The board of trustees of the Ohio veterans' | 810 |
home
agency,
which is hereby created, shall consist
of seveneight | 811 |
|
members who shall
govern the agency and
have charge and
custody of | 812 |
|
the
agency's facilities. The members
shall be
the director of | 813 |
|
administrative services or that
director's
designee,
the director | 814 |
|
of aging or that director's
designee, the director of veterans | 815 |
|
affairs or that director's designee, and
five members
who shall
be | 816 |
|
appointed by the governor
with the
advice and consent of the | 817 |
|
senate. All the members of the
board
appointed by the governor | 818 |
|
shall be veterans of wars in which
the
United States has | 819 |
|
participated, and not more than three of the
members shall be of | 820 |
|
the same political party. The trustees shall
serve without | 821 |
|
compensation, but they shall be allowed their actual
expenses | 822 |
|
incurred in the discharge of their duties. Each year,
the governor | 823 |
|
shall appoint one trustee. The term of office for
each member
of | 824 |
|
the board shall be for five
years, commencing on
the first day of | 825 |
|
July and ending on the
thirtieth day of June.
Each member shall | 826 |
|
hold office from the
date of that member's
appointment until the | 827 |
|
end of the term for
which the member was
appointed. Any member | 828 |
|
appointed to fill a vacancy
occurring
prior
to the expiration of | 829 |
|
the term for which that member's predecessor
was
appointed shall | 830 |
|
hold office for the remainder of that term.
Any
member shall | 831 |
|
continue in office subsequent to the expiration
date
of that | 832 |
|
member's term until the member's successor takes
office, or until | 833 |
|
a period
of sixty days has elapsed, whichever
occurs first. The | 834 |
|
board
shall govern, conduct, and care for
veterans' homes, the | 835 |
|
property
of the
homes, and the
veterans residing in the
home. | 836 |
| The board shall appoint a superintendent
of the
Ohio | 842 |
|
veterans' home
agency upon
any terms that are proper, and
the | 843 |
|
superintendent, with
the advice and consent of the board,
shall | 844 |
|
employ aides, assistants,
and employees, and perform other
duties | 845 |
|
that may be
assigned to the superintendent by the board or
become | 846 |
|
necessary in the
carrying out of
the superintendent's
duties. The | 847 |
|
superintendent shall be
responsible directly to the
board. | 848 |
| Subject to section 5907.021 of the Revised Code, the | 856 |
|
superintendent shall
appoint a chief of police
of the
Ohio | 857 |
|
veterans'
home
agency, determine the number of officers
and other | 858 |
|
personnel
required by
each veterans' home, and
establish
salary | 859 |
|
schedules and other
conditions of employment for
veterans'
homes | 860 |
|
police officers. The
chief of police
shall
serve at the pleasure | 861 |
|
of the superintendent
and shall
appoint
officers and other | 862 |
|
personnel as the
veterans' homes
may
require, subject to the rules | 863 |
|
and limits that the
superintendent
establishes regarding | 864 |
|
qualifications, salary
ranges, and the
number of personnel. The | 865 |
|
superintendent, with the
approval of
the
board, may purchase or | 866 |
|
otherwise acquire any
police
apparatus,
equipment, or materials, | 867 |
|
including a police
communication system
and vehicles, that
the | 868 |
|
veterans'
homes
police officers
may require. The superintendent | 869 |
|
may send
one or more
of the
officers or employees nominated by the | 870 |
|
police
chief to a
school of
instruction designed to provide | 871 |
|
additional
training or
skills
related to their work assignment at
| 872 |
|
their
veterans' home. The
superintendent may send those officers | 873 |
|
or
employees to the Ohio
peace officer training academy that the | 874 |
|
superintendent considers
appropriate. | 875 |
| Sec. 5910.02. There is hereby created an Ohio war orphans | 879 |
scholarship board consistingas part of the department of veterans | 880 |
affairs. The board consists of seveneight members as follows: the | 881 |
|
chancellor of the Ohio board of regents or the chancellor's | 882 |
|
designee; the director of veterans affairs or the director's | 883 |
|
designee; one
member of the house of
representatives, appointed by | 884 |
|
the speaker; one
member of the senate, appointed by the president | 885 |
|
of the senate;
and four members appointed by the governor, one of | 886 |
|
whom shall be
a representative of the American Legion, one of whom | 887 |
|
shall be a representative of
the Veterans of Foreign Wars, one of | 888 |
|
whom shall be a
representative of
the Disabled American Veterans, | 889 |
|
and one of whom shall be a
representative of the AMVETS. At least | 890 |
|
ninety days prior to the
expiration of
the term
of office of the | 891 |
|
representative of a veterans organization
appointed by the | 892 |
|
governor, the governor shall notify the state
headquarters of the | 893 |
|
affected organization of the need for an
appointment and request | 894 |
|
the organization to make at least three
nominations. Within sixty | 895 |
|
days after making the request for
nominations, the governor may | 896 |
|
make the appointment from the
nominations received, or may reject | 897 |
|
all the nominations and
request at least three new nominations, | 898 |
|
from which the governor
shall make an appointment within thirty | 899 |
|
days after making the
request for the new nominations. If the | 900 |
|
governor receives no
nominations during this thirty-day period, | 901 |
|
the governor may
appoint any veteran. | 902 |
| Terms of office for the four members appointed by the | 903 |
|
governor shall be for four years, commencing on the first day of | 904 |
|
January and ending on the thirty-first day of December, except | 905 |
|
that the term of the
AMVETS representative shall expire December | 906 |
|
31,
1998, and the new
term that succeeds it shall commence on | 907 |
|
January 1, 1999, and end
on December 31, 2002. Each member shall | 908 |
|
hold office from
the
date of the member's appointment until the | 909 |
|
end of the term
for which the member was appointed. The other | 910 |
|
members shall
serve during their terms
of office. Any vacancy | 911 |
|
shall be filled by appointment in the
same manner as by original | 912 |
|
appointment. Any member appointed to
fill a vacancy occurring | 913 |
|
prior to the expiration of the term for
which the member's | 914 |
|
predecessor was appointed shall hold
office for the
remainder of | 915 |
|
such term. Any appointed member shall continue in
office | 916 |
|
subsequent to the expiration date of the member's
term until the | 917 |
|
member's successor takes office, or until a
period of sixty days | 918 |
|
has
elapsed, whichever occurs first. The members of the board | 919 |
|
shall
serve without pay but shall be reimbursed for travel | 920 |
|
expenses and
for other actual and necessary expenses incurred in | 921 |
|
the
performance of their duties, not to exceed ten dollars per day | 922 |
|
for ten days in any one year to be appropriated out of any moneys | 923 |
|
in the state treasury to the credit of the general revenue fund. | 924 |
| Section 2. That existing sections 121.02, 121.03, 3313.616, | 933 |
|
5901.02, 5901.021, 5901.07, 5901.09, 5902.01, 5902.02, 5902.03, | 934 |
|
5902.04, 5902.05, 5902.06, 5902.07, 5902.08, 5902.15, 5904.01, | 935 |
|
5907.01, 5907.02, and 5910.02 of the Revised Code are hereby | 936 |
|
repealed. | 937 |
| Section 4. On the effective date of this section, the | 940 |
|
Governor's Office of Veterans Affairs is abolished and its | 941 |
|
functions, and its assets and liabilities, are transferred to the | 942 |
|
Department of Veterans Affairs. The Department of Veterans Affairs | 943 |
|
is successor to, assumes the obligations and authority of, and | 944 |
|
otherwise continues the Governor's Office of Veterans Affairs. No | 945 |
|
right, privilege, or remedy, and no duty, liability, or | 946 |
|
obligation, accrued under the Governor's Office of Veterans | 947 |
|
Affairs is impaired or lost by reason of the transfer and shall be | 948 |
|
recognized, administered, performed, or enforced by the Department | 949 |
|
of Veterans Affairs. | 950 |
| All the rules, orders, and determinations of the Governor's | 958 |
|
Office of Veterans Affairs continue in effect as rules, orders, | 959 |
|
and determinations of the Department of Veterans Affairs, until | 960 |
|
modified or rescinded by the Department of Veterans Affairs. If | 961 |
|
necessary to ensure the integrity of the numbering of the | 962 |
|
Administrative Code, the Director of the Legislative Service | 963 |
|
Commission shall renumber the rules of the Governor's Office of | 964 |
|
Veterans Affairs to reflect their transfer to the Department of | 965 |
|
Veterans Affairs. | 966 |
| No pending action or proceeding being prosecuted or defended | 985 |
|
in court or before an agency by the Governor's Office of Veterans | 986 |
|
Affairs or the Director of the Governor's Office of Veterans | 987 |
|
Affairs is affected by the transfer and shall be prosecuted or | 988 |
|
defended in the name of Department of Veterans Affairs or the | 989 |
|
Director of Veterans Affairs, whichever is appropriate. Upon | 990 |
|
application to the court or agency, the Department of Veterans | 991 |
|
Affairs or the Director of Veterans Affairs shall be substituted | 992 |
|
as a party. | 993 |