As Passed by the House

127th General Assembly Regular Session 2007-2008

Am. Sub. S. B. No. 289

Senator Spada 

Cosponsors: Senators Harris, Stivers, Grendell, Schuler, Schuring, Seitz, Padgett, Fedor, Niehaus, Austria, Mumper, Cates, Sawyer, Wilson, Kearney, Boccieri, Cafaro, Carey, Faber, Goodman, Miller, D., Roberts, Schaffer, Miller, R., Smith, Morano 

Representatives Hite, Book, Collier, Domenick, Flowers, Lundy, Reinhard, Schneider, Aslanides, Bacon, Beatty, Blessing, Bolon, Boyd, Brady, Brown, Budish, Celeste, Chandler, Combs, DeBose, DeGeeter, Dodd, Driehaus, Dyer, Evans, Fende, Foley, Gardner, Garrison, Gerberry, Gibbs, Goyal, Hagan, J., Hagan, R., Harwood, Hottinger, Hughes, Koziura, Letson, Luckie, McGregor, J., Mecklenborg, Newcomb, Oelslager, Otterman, J., Patton, Raussen, Redfern, Sayre, Schindel, Schlichter, Setzer, Skindell, Slesnick, Stewart, D., Stewart, J., Szollosi, Uecker, Ujvagi, Widener, Widowfield, Williams, B., Yates, Yuko, Zehringer 

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A BILL

To amend sections 121.02, 121.03, 2311.07, 2311.08,

1

2743.03, 3313.616, 3319.13, 4112.01, 5901.02,

2

5901.021, 5901.07, 5901.09, 5902.01, 5902.02,

3

5902.03, 5902.04, 5902.06, 5902.07, 5902.08,

4

5902.15, 5903.02, 5903.99, 5904.01, 5907.01,

5

5907.02, 5907.022, 5907.023, 5907.03, 5907.04,

6

5907.11, 5907.12, 5907.13, 5907.141, 5910.02,

7

and 5923.05, to enact sections 2743.091,

8

5533.871, and 5902.09, and to repeal sections

9

124.29, 5902.05, and 5903.01 of the Revised

10

Code to create a Department of Veterans

11

Services and a Director of Veterans Services,

12

to create duties for the department and the

13

director, to transfer the duties of the

14

Governor's Office of Veterans Affairs to the

15

department, to place the Ohio Veterans' Home

16

Agency and the Ohio War Orphans Scholarship Board

17

under the department, to establish specified

18

employment rights for private sector employees

19

in the uniformed services, to permit a person

20

aggrieved under the federal "Uniformed Services

21

Employment and Reemployment Rights Act" to file a

22

claim against the person's employer in a state

23

court, to require the clerk of the court to give

24

the action priority on the court's dockets, to

25

prohibit the court from requiring a plaintiff to

26

pay court costs, and to designate State Route 660

27

in Guernsey County as the "Major James W. Reed

28

Memorial Highway."

29

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

Section 1. That sections 121.02, 121.03, 2311.07, 2311.08,	30
2743.03, 3313.616, 3319.13, 4112.01, 5901.02, 5901.021, 5901.07,	31
5901.09, 5902.01, 5902.02, 5902.03, 5902.04, 5902.06, 5902.07,	32
5902.08, 5902.15, 5903.02, 5903.99, 5904.01, 5907.01, 5907.02,	33
5907.022, 5907.023, 5907.03, 5907.04, 5907.11, 5907.12, 5907.13,	34
5907.141, 5910.02, and 5923.05 be amended and that sections	35
2743.091, 5533.871, and 5902.09 of the Revised Code be enacted	36
to read as follows:	37

Sec. 121.02.  The following administrative departments and	38
their respective directors are hereby created:	39

(A) The office of budget and management, which shall be	40
administered by the director of budget and management;	41

(B) The department of commerce, which shall be administered	42
by the director of commerce;	43

(C) The department of administrative services, which shall be	44
administered by the director of administrative services;	45

(D) The department of transportation, which shall be	46
administered by the director of transportation;	47

(E) The department of agriculture, which shall be	48
administered by the director of agriculture;	49

(F) The department of natural resources, which shall be	50
administered by the director of natural resources;	51

(G) The department of health, which shall be administered by	52
the director of health;	53

(H) The department of job and family services, which shall be	54
administered by the director of job and family services;	55

(I) Until July 1, 1997, the department of liquor control,	56
which shall be administered by the director of liquor control;	57

(J) The department of public safety, which shall be	58
administered by the director of public safety;	59

(K) The department of mental health, which shall be	60
administered by the director of mental health;	61

(L) The department of mental retardation and developmental	62
disabilities, which shall be administered by the director of	63
mental retardation and developmental disabilities;	64

(M) The department of insurance, which shall be administered	65
by the superintendent of insurance as director thereof;	66

(N) The department of development, which shall be	67
administered by the director of development;	68

(O) The department of youth services, which shall be	69
administered by the director of youth services;	70

(P) The department of rehabilitation and correction, which	71
shall be administered by the director of rehabilitation and	72
correction;	73

(Q) The environmental protection agency, which shall be	74
administered by the director of environmental protection;	75

(R) The department of aging, which shall be administered by	76
the director of aging;	77

(S) The department of alcohol and drug addiction services,	78
which shall be administered by the director of alcohol and drug	79
addiction services;	80

(T) The department of veterans services, which shall be	81
administered by the director of veterans services.	82

The director of each department shall exercise the powers and	83
perform the duties vested by law in such department.	84

Sec. 121.03.  The following administrative department heads	85
shall be appointed by the governor, with the advice and consent of	86
the senate, and shall hold their offices during the term of the	87
appointing governor, and are subject to removal at the pleasure of	88
the governor.	89

(A) The director of budget and management;

90

(B) The director of commerce;

91

(C) The director of transportation;

92

(D) The director of agriculture;

93

(E) The director of job and family services;

94

(F) Until July 1, 1997, the director of liquor control;

95

(G) The director of public safety;

96

(H) The superintendent of insurance;

97

(I) The director of development;

98

(J) The tax commissioner;

99

(K) The director of administrative services;

100

(L) The director of natural resources;

101

(M) The director of mental health;

102

(N) The director of mental retardation and developmental	103
disabilities;	104

(O) The director of health;

105

(P) The director of youth services;

106

(Q) The director of rehabilitation and correction;

107

(R) The director of environmental protection;

108

(S) The director of aging;

109

(T) The director of alcohol and drug addiction services;

110

(U) The administrator of workers' compensation who meets the	111
qualifications required under division (A) of section 4121.121 of	112
the Revised Code;	113

(V) The director of veterans services who meets the	114
qualifications required under section 5902.01 of the Revised Code.	115

Sec. 2311.07.  Cases in which there is an issue of fact or	116
damages to be assessed shall be tried in the order in which they	117
stand on the trial docket, unless by the consent of parties, or by	118
the order of the court, they are continued or placed at the end of	119
the docket, or for good cause shown are especially assigned for	120
trial or hearing out of their regular order. Actions for wages and	121
actions pursuant to section 5903.02 of the Revised Code shall be	122
first in order for trial.	123

Sec. 2311.08.  The court may assign for trial the cases	124
triable to a jury, in a series, in the order in which they stand	125
upon the docket, giving preference always to actions for wages,	126
actions pursuant to section 5903.02 of the Revised Code, and cases	127
not triable to a jury, in a series in like manner. All other cases	128
shall be heard in the order in which they stand upon the trial	129
docket, unless the court otherwise directs.	130

Sec. 2743.03.  (A)(1) There is hereby created a court of	131
claims. The court of claims is a court of record and has	132
exclusive, original jurisdiction of all civil actions against the	133
state permitted by the waiver of immunity contained in section	134
2743.02 of the Revised Code, exclusive jurisdiction of the causes	135
of action of all parties in civil actions that are removed to the	136
court of claims, and jurisdiction to hear appeals from the	137
decisions of the court of claims commissioners. The court shall	138
have full equity powers in all actions within its jurisdiction and	139
may entertain and determine all counterclaims, cross-claims, and	140
third-party claims.	141

(2) If the claimant in a civil action as described in	142
division (A)(1) of this section also files a claim for a	143
declaratory judgment, injunctive relief, or other equitable relief	144
against the state that arises out of the same circumstances that	145
gave rise to the civil action described in division (A)(1) of this	146
section, the court of claims has exclusive, original jurisdiction	147
to hear and determine that claim in that civil action. This	148
division does not affect, and shall not be construed as affecting,	149
the original jurisdiction of another court of this state to hear	150
and determine a civil action in which the sole relief that the	151
claimant seeks against the state is a declaratory judgment,	152
injunctive relief, or other equitable relief.	153

(3) In addition to its exclusive, original jurisdiction as	154
conferred by division (A)(1) and (2) of this section, the court of	155
claims has exclusive, original jurisdiction as described in	156
division (F) of section 2743.02 and, division (B) of section	157
3335.03, and division (C) of section 5903.02 of the Revised Code.	158

(B) The court of claims shall sit in Franklin county, its	159
hearings shall be public, and it shall consist of incumbent	160
justices or judges of the supreme court, courts of appeals, or	161
courts of common pleas, or retired justices or judges eligible for	162
active duty pursuant to division (C) of Section 6 of Article IV,	163
Ohio Constitution, sitting by temporary assignment of the chief	164
justice of the supreme court. The chief justice may direct the	165
court to sit in any county for cases on removal upon a showing of	166
substantial hardship and whenever justice dictates.	167

(C)(1) A civil action against the state shall be heard and	168
determined by a single judge. Upon application by the claimant or	169
the state, the chief justice of the supreme court may assign a	170
panel of three judges to hear and determine a civil action	171
presenting novel or complex issues of law or fact. Concurrence of	172
two members of the panel is necessary for any judgment or order.	173

(2) Whenever the chief justice of the supreme court believes	174
an equitable resolution of a case will be expedited, hethe chief	175
justice may appoint referees in accordance with Civil Rule 53 to	176
hear the case.	177

(3) When any dispute under division (B) of section 153.12 of	178
the Revised Code is brought to the court of claims, upon request	179
of either party to the dispute, the chief justice of the supreme	180
court shall appoint a single referee or a panel of three referees.	181
The referees need not be attorneys, but shall be persons	182
knowledgeable about construction contract law, a member of the	183
construction industry panel of the American arbitration	184
association, or an individual or individuals deemed qualified by	185
the chief justice to serve. No person shall serve as a referee if	186
that person has been employed by an affected state agency or a	187
contractor or subcontractor involved in the dispute at any time in	188
the preceding five years. Proceedings governing referees shall be	189
in accordance with Civil Rule 53, except as modified by this	190
division. The referee or panel of referees shall submit its	191
report, which shall include a recommendation and finding of fact,	192
to the judge assigned to the case by the chief justice, within	193
thirty days of the conclusion of the hearings. Referees appointed	194
pursuant to this division shall be compensated on a per diem basis	195
at the same rate as is paid to judges of the court and also shall	196
be paid their expenses. If a single referee is appointed or a	197
panel of three referees is appointed, then, with respect to one	198
referee of the panel, the compensation and expenses of the referee	199
shall not be taxed as part of the costs in the case but shall be	200
included in the budget of the court. If a panel of three referees	201
is appointed, the compensation and expenses of the two remaining	202
referees shall be taxed as costs of the case.	203

All costs of a case shall be apportioned among the parties.	204
The court may not require that any party deposit with the court	205
cash, bonds, or other security in excess of two hundred dollars to	206
guarantee payment of costs without the prior approval in each case	207
of the chief justice.	208

(4) An appeal from a decision of the court of claims	209
commissioners shall be heard and determined by one judge of the	210
court of claims.	211

(D) The Rules of Civil Procedure shall govern practice and	212
procedure in all actions in the court of claims, except insofar as	213
inconsistent with this chapter. The supreme court may promulgate	214
rules governing practice and procedure in actions in the court as	215
provided in Section 5 of Article IV, Ohio Constitution.	216

(E)(1) A party who files a counterclaim against the state or	217
makes the state a third-party defendant in an action commenced in	218
any court, other than the court of claims, shall file a petition	219
for removal in the court of claims. The petition shall state the	220
basis for removal, be accompanied by a copy of all process,	221
pleadings, and other papers served upon the petitioner, and shall	222
be signed in accordance with Civil Rule 11. A petition for removal	223
based on a counterclaim shall be filed within twenty-eight days	224
after service of the counterclaim of the petitioner. A petition	225
for removal based on third-party practice shall be filed within	226
twenty-eight days after the filing of the third-party complaint of	227
the petitioner.	228

(2) Within seven days after filing a petition for removal,	229
the petitioner shall give written notice to the parties, and shall	230
file a copy of the petition with the clerk of the court in which	231
the action was brought originally. The filing effects the removal	232
of the action to the court of claims, and the clerk of the court	233
where the action was brought shall forward all papers in the case	234
to the court of claims. The court of claims shall adjudicate all	235
civil actions removed. The court may remand a civil action to the	236
court in which it originated upon a finding that the removal	237
petition does not justify removal, or upon a finding that the	238
state is no longer a party.	239

(3) Bonds, undertakings, or security and injunctions,	240
attachments, sequestrations, or other orders issued prior to	241
removal remain in effect until dissolved or modified by the court	242
of claims.	243

Sec. 2743.091.  If a person brings an action in the court of	244
claims pursuant to section 5903.02 of the Revised Code or section	245
4323 of the "Uniformed Services Employment and Reemployment Rights	246
Act of 1994," 108 Stat. 3149, 38 U.S.C. 4301, et seq., the clerk	247
of the court of claims shall give the action priority on the court	248
of claims' dockets.	249

Sec. 3313.616.  (A) Notwithstanding the requirements of	250
sections 3313.61, 3313.611, and 3313.612 of the Revised Code, the	251
board of education of any city, exempted village, or local school	252
district or the governing authority of any chartered nonpublic	253
school may grant a high school diploma to any veteran of World War	254
II, the Korean conflict, or the Vietnam conflict who is a resident	255
of this state or who was previously enrolled in any high school in	256
this state if all of the following apply:	257

(1) The veteran either:

258

(a) Left a public or nonpublic school located in any state	259
prior to graduation in order to serve in the armed forces of the	260
United States;	261

(b) Left a public or nonpublic school located in any state	262
prior to graduation due to family circumstances and subsequently	263
entered the armed forces of the United States.	264

(2) The veteran received an honorable discharge from the	265
armed forces of the United States.	266

(3) The veteran has not been granted a diploma as provided in	267
section 3313.61 or 3313.612 of the Revised Code, a diploma of	268
adult education as provided in section 3313.611 of the Revised	269
Code, or a diploma under this section.	270

(B) Notwithstanding the requirements of sections 3313.61,	271
3313.611, and 3313.612 of the Revised Code, the board of education	272
of any city, exempted village, or local school district or the	273
governing authority of any chartered nonpublic school may grant a	274
high school diploma to any woman who left high school during World	275
War II, the Korean conflict, or the Vietnam conflict and who is a	276
resident of this state or was previously enrolled in any high	277
school in this state, if both of the following apply:	278

(1) The woman either:

279

(a) Left a public or nonpublic school located in any state	280
prior to graduation in order to join the workforce to support her	281
family or to join the war effort;	282

(b) Left a public or nonpublic school located in any state	283
prior to graduation due to family circumstances and subsequently	284
joined the workforce or war effort.	285

(2) The woman has not been granted a diploma as provided in	286
section 3313.61 or 3313.612 of the Revised Code, a diploma of	287
adult education as provided in section 3313.611 of the Revised	288
Code, or a diploma under this section.	289

(C) If a person who would otherwise qualify for a diploma	290
under this section is deceased, the board of education of any	291
school district or the governing authority of any chartered	292
nonpublic school may award such diploma to the person posthumously	293
and may present that diploma to a living relative of the person.	294

(D) The governor's officedepartment of veterans' affairs	295
veterans services, in accordance with section 111.15 of the	296
Revised Code, and with the advice and consent of the veterans	297
advisory committee established under division (K) of section	298
5902.02 of the Revised Code, shall develop and adopt rules to	299
implement this section. Such rules shall include, but not be	300
limited to, rules establishing procedures for application and	301
verification of eligible persons for a diploma under this	302
section.	303

Sec. 3319.13.  Upon the written request of a teacher or a	304
regular nonteaching school employee, a board of education may	305
grant a leave of absence for a period of not more than two	306
consecutive school years for educational, professional, or other	307
purposes, and shall grant such leave where illness or other	308
disability is the reason for the request. Upon subsequent request,	309
such leave may be renewed by the board. Without request, a board	310
may grant similar leave of absence and renewals thereof to any	311
teacher or regular nonteaching school employee because of physical	312
or mental disability, but such teacher may have a hearing on such	313
unrequested leave of absence or its renewals in accordance with	314
section 3319.16 of the Revised Code, and such nonteaching school	315
employee may have a hearing on such unrequested leave of absence	316
or its renewals in accordance with division (C) of section	317
3319.081 of the Revised Code. Upon the return to service of a	318
teacher or a nonteaching school employee at the expiration of a	319
leave of absence, the teacher or nonteaching school employee shall	320
resume the contract status that the teacher or nonteaching school	321
employee held prior to the leave of absence. Any teacher who	322
leaves a teaching position for service in the uniformed services	323
and who returns from service in the uniformed services that is	324
terminated in a manner other than as described in section 4304 of	325
Title 38 of the United States Code, "Uniformed Services Employment	326
and Reemployment Rights Act of 1994," 108 Stat. 3149, 38 U.S.C.A.	327
4304, shall resume the contract status held prior to entering the	328
uniformed services, subject to passing a physical examination by	329
an individual authorized by the Revised Code to conduct physical	330
examinations, including a physician assistant, a clinical nurse	331
specialist, a certified nurse practitioner, or a certified	332
nurse-midwife. Any written documentation of the physical	333
examination shall be completed by the individual who conducted the	334
examination. Such contract status shall be resumed at the first of	335
the school semester or the beginning of the school year following	336
return from the uniformed services. For purposes of this section	337
and section 3319.14 of the Revised Code, "uniformed services" and	338
"service in the uniformed services" have the same meanings as	339
defined in section 5903.015923.05 of the Revised Code.	340

Upon the return of a nonteaching school employee from a leave	341
of absence, the board may terminate the employment of a person	342
hired exclusively for the purpose of replacing the returning	343
employee while the returning employee was on leave. If, after the	344
return of a nonteaching employee from leave, the person employed	345
exclusively for the purpose of replacing an employee while the	346
employee was on leave is continued in employment as a regular	347
nonteaching school employee or if the person is hired by the board	348
as a regular nonteaching school employee within a year after	349
employment as a replacement is terminated, the person shall, for	350
purposes of section 3319.081 of the Revised Code, receive credit	351
for the person's length of service with the school district during	352
such replacement period in the following manner:	353

(A) If employed as a replacement for less than twelve months,	354
the person shall be employed under a contract valid for a period	355
equal to twelve months less the number of months employed as a	356
replacement. At the end of such contract period, if the person is	357
reemployed it shall be under a two-year contract. Subsequent	358
reemployment shall be pursuant to division (B) of section 3319.081	359
of the Revised Code.	360

(B) If employed as a replacement for twelve months or more	361
but less than twenty-four months, the person shall be employed	362
under a contract valid for a period equal to twenty-four months	363
less the number of months employed as a replacement. Subsequent	364
reemployment shall be pursuant to division (B) of section 3319.081	365
of the Revised Code.	366

(C) If employed as a replacement for more than twenty-four	367
months, the person shall be employed pursuant to division (B) of	368
section 3319.081 of the Revised Code.	369

For purposes of this section, employment during any part of a	370
month shall count as employment during the entire month.	371

Sec. 4112.01.  (A) As used in this chapter:

372

(1) "Person" includes one or more individuals, partnerships,	373
associations, organizations, corporations, legal representatives,	374
trustees, trustees in bankruptcy, receivers, and other organized	375
groups of persons. "Person" also includes, but is not limited to,	376
any owner, lessor, assignor, builder, manager, broker,	377
salesperson, appraiser, agent, employee, lending institution, and	378
the state and all political subdivisions, authorities, agencies,	379
boards, and commissions of the state.	380

(2) "Employer" includes the state, any political subdivision	381
of the state, any person employing four or more persons within the	382
state, and any person acting directly or indirectly in the	383
interest of an employer.	384

(3) "Employee" means an individual employed by any employer	385
but does not include any individual employed in the domestic	386
service of any person.	387

(4) "Labor organization" includes any organization that	388
exists, in whole or in part, for the purpose of collective	389
bargaining or of dealing with employers concerning grievances,	390
terms or conditions of employment, or other mutual aid or	391
protection in relation to employment.	392

(5) "Employment agency" includes any person regularly	393
undertaking, with or without compensation, to procure	394
opportunities to work or to procure, recruit, refer, or place	395
employees.	396

(6) "Commission" means the Ohio civil rights commission	397
created by section 4112.03 of the Revised Code.	398

(7) "Discriminate" includes segregate or separate.

399

(8) "Unlawful discriminatory practice" means any act	400
prohibited by section 4112.02, 4112.021, or 4112.022 of the	401
Revised Code.	402

(9) "Place of public accommodation" means any inn,	403
restaurant, eating house, barbershop, public conveyance by air,	404
land, or water, theater, store, other place for the sale of	405
merchandise, or any other place of public accommodation or	406
amusement of which the accommodations, advantages, facilities, or	407
privileges are available to the public.	408

(10) "Housing accommodations" includes any building or	409
structure, or portion of a building or structure, that is used or	410
occupied or is intended, arranged, or designed to be used or	411
occupied as the home residence, dwelling, dwelling unit, or	412
sleeping place of one or more individuals, groups, or families	413
whether or not living independently of each other; and any vacant	414
land offered for sale or lease. "Housing accommodations" also	415
includes any housing accommodations held or offered for sale or	416
rent by a real estate broker, salesperson, or agent, by any other	417
person pursuant to authorization of the owner, by the owner, or by	418
the owner's legal representative.	419

(11) "Restrictive covenant" means any specification limiting	420
the transfer, rental, lease, or other use of any housing	421
accommodations because of race, color, religion, sex, military	422
status, familial status, national origin, disability, or ancestry,	423
or any limitation based upon affiliation with or approval by any	424
person, directly or indirectly, employing race, color, religion,	425
sex, military status, familial status, national origin,	426
disability, or ancestry as a condition of affiliation or approval.	427

(12) "Burial lot" means any lot for the burial of deceased	428
persons within any public burial ground or cemetery, including,	429
but not limited to, cemeteries owned and operated by municipal	430
corporations, townships, or companies or associations incorporated	431
for cemetery purposes.	432

(13) "Disability" means a physical or mental impairment that	433
substantially limits one or more major life activities, including	434
the functions of caring for one's self, performing manual tasks,	435
walking, seeing, hearing, speaking, breathing, learning, and	436
working; a record of a physical or mental impairment; or being	437
regarded as having a physical or mental impairment.	438

(14) Except as otherwise provided in section 4112.021 of the	439
Revised Code, "age" means at least forty years old.	440

(15) "Familial status" means either of the following:

441

(a) One or more individuals who are under eighteen years of	442
age and who are domiciled with a parent or guardian having legal	443
custody of the individual or domiciled, with the written	444
permission of the parent or guardian having legal custody, with a	445
designee of the parent or guardian;	446

(b) Any person who is pregnant or in the process of securing	447
legal custody of any individual who is under eighteen years of	448
age.	449

(16)(a) Except as provided in division (A)(16)(b) of this	450
section, "physical or mental impairment" includes any of the	451
following:	452

(i) Any physiological disorder or condition, cosmetic	453
disfigurement, or anatomical loss affecting one or more of the	454
following body systems: neurological; musculoskeletal; special	455
sense organs; respiratory, including speech organs;	456
cardiovascular; reproductive; digestive; genito-urinary; hemic and	457
lymphatic; skin; and endocrine;	458

(ii) Any mental or psychological disorder, including, but not	459
limited to, mental retardation, organic brain syndrome, emotional	460
or mental illness, and specific learning disabilities;	461

(iii) Diseases and conditions, including, but not limited to,	462
orthopedic, visual, speech, and hearing impairments, cerebral	463
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	464
cancer, heart disease, diabetes, human immunodeficiency virus	465
infection, mental retardation, emotional illness, drug addiction,	466
and alcoholism.	467

(b) "Physical or mental impairment" does not include any of	468
the following:	469

(i) Homosexuality and bisexuality;

470

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	471
voyeurism, gender identity disorders not resulting from physical	472
impairments, or other sexual behavior disorders;	473

(iii) Compulsive gambling, kleptomania, or pyromania;

474

(iv) Psychoactive substance use disorders resulting from the	475
current illegal use of a controlled substance or the current use	476
of alcoholic beverages.	477

(17) "Dwelling unit" means a single unit of residence for a	478
family of one or more persons.	479

(18) "Common use areas" means rooms, spaces, or elements	480
inside or outside a building that are made available for the use	481
of residents of the building or their guests, and includes, but is	482
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	483
rooms, mail rooms, recreational areas, and passageways among and	484
between buildings.	485

(19) "Public use areas" means interior or exterior rooms or	486
spaces of a privately or publicly owned building that are made	487
available to the general public.	488

(20) "Controlled substance" has the same meaning as in	489
section 3719.01 of the Revised Code.	490

(21) "Disabled tenant" means a tenant or prospective tenant	491
who is a person with a disability.	492

(22) "Military status" means a person's status in "service in	493
the uniformed services" as defined in section 5903.015923.05 of	494
the Revised Code.	495

(B) For the purposes of divisions (A) to (F) of section	496
4112.02 of the Revised Code, the terms "because of sex" and "on	497
the basis of sex" include, but are not limited to, because of or	498
on the basis of pregnancy, any illness arising out of and	499
occurring during the course of a pregnancy, childbirth, or related	500
medical conditions. Women affected by pregnancy, childbirth, or	501
related medical conditions shall be treated the same for all	502
employment-related purposes, including receipt of benefits under	503
fringe benefit programs, as other persons not so affected but	504
similar in their ability or inability to work, and nothing in	505
division (B) of section 4111.17 of the Revised Code shall be	506
interpreted to permit otherwise. This division shall not be	507
construed to require an employer to pay for health insurance	508
benefits for abortion, except where the life of the mother would	509
be endangered if the fetus were carried to term or except where	510
medical complications have arisen from the abortion, provided that	511
nothing in this division precludes an employer from providing	512
abortion benefits or otherwise affects bargaining agreements in	513
regard to abortion.	514

Sec. 5533.871.  The road known as state route number six	515
hundred sixty, located within Guernsey county, shall be known as	516
the "Major James W. Reed Memorial Highway."	517

The director of transportation may erect suitable markers	518
along the highway indicating its name.	519

Sec. 5901.02.  In each county there shall be a commission	520
known as "the veterans service commission." Except as provided in	521
section 5901.021 of the Revised Code, the commission shall be	522
composed of five residents of the county appointed to five-year	523
terms by a judge of the court of common pleas. At the time of	524
appointment or reappointment to the commission, no commission	525
member appointed under this section shall be an employee of the	526
commission or hold an elective or other appointive office of the	527
county served by the commission.	528

Each member of the commission appointed under this section	529
shall be an honorably discharged or honorably separated veteran.	530
Within sixty days after the date of appointment, each such member	531
shall file the member's form DD214 with the governor's office	532
department of veterans affairsservices in accordance with	533
guidelines established by the director of that office	534
department. Such appointments shall be made from lists of	535
recommended persons, in the manner specified in the following	536
paragraph. One person shall be a representative recommended by	537
the American Legion; one person shall be a representative	538
recommended by the Veterans of Foreign Wars; one person shall be	539
a representative recommended by the Disabled American Veterans;	540
one person shall be a representative recommended by the AMVETS;	541
and one person shall be a representative recommended by the	542
Military Order of the Purple Heart of the U.S.A., the Vietnam	543
Veterans of America, or the Korean War Veterans Association. If	544
any such organization has no post or chapter located in the	545
county, the appointment shall be made from lists of recommended	546
persons submitted by posts or chapters of any other	547
congressionally chartered veterans organizations located in the	548
county. If no such other organizations have posts or chapters	549
located in the county, the judge responsible for making	550
appointments under this section may appoint any qualified veteran	551
to represent the veteran community.	552

On or before the fifteenth day of October of each year, the	553
appointing judge shall notify each post or chapter of each	554
organization within the county from which the member may or must	555
be appointed that it may submit a list containing three	556
recommendations of persons who are eligible for appointment. If	557
the judge does not receive any recommendations within sixty days	558
after providing the required notification, the judge may appoint	559
any qualified veteran to represent the veteran community. The	560
judge shall make the appointment on or before the fifteenth day of	561
January of each year. Any vacancy in a membership appointed under	562
this section shall be filled in the same manner as the original	563
appointments.	564

Beginning in the year 2000, appointment of members to the	565
commission under this section shall be made as follows:	566

(A) Appointments for members to represent the American Legion	567
shall be made for terms to commence in years ending in zero and	568
five.	569

(B) Appointments for members to represent the Veterans of	570
Foreign Wars shall be made for terms to commence in years ending	571
in one and six.	572

(C) Appointments for members to represent the Disabled	573
American Veterans shall be made for terms to commence in years	574
ending in two and seven.	575

(D) Appointments for members to represent the AMVETS shall be	576
made for terms to commence in years ending in three and eight.	577

(E) Appointments for members to represent the Military Order	578
of the Purple Heart of the U.S.A., the Vietnam Veterans of	579
America, or the Korean War Veterans Association shall be made for	580
terms to commence in years ending in four and nine.	581

The terms immediately preceding the initial appointments made	582
under divisions (A) to (E) of this section may be for periods of	583
less than five years.	584

The appointing authority shall remove a member who fails to	585
maintain certification or whose certification is revoked by the	586
director of veterans services.	587

Sec. 5901.021. (A) This section applies only to counties	588
having a population, according to the most recent decennial	589
census, of more than five hundred thousand.	590

(B)(1) In any county that is described in division (A) of	591
this section and in which the veterans service commission submits	592
a budget request under section 5901.11 of the Revised Code for the	593
ensuing fiscal year that exceeds twenty-five-thousandths of one	594
per cent of the assessed value of property in the county or the	595
amount appropriated to the commission from the county general fund	596
in the current fiscal year by more than ten per cent of that	597
appropriation, the board of county commissioners, by resolution,	598
may create not more than six memberships on the veterans service	599
commission in addition to the memberships provided for by section	600
5901.02 of the Revised Code. The board shall prescribe the number	601
of years the additional memberships shall exist, which shall not	602
exceed five years. Once a board of county commissioners creates	603
any additional memberships, it may not create further additional	604
memberships under this section if the total number of such	605
memberships would exceed six. The board shall appoint persons who	606
are residents of the county and who are honorably discharged or	607
honorably separated veterans to each of the additional	608
memberships, for terms prescribed by the board and commencing on a	609
date fixed by the board. Each person appointed to an additional	610
membership shall file, within sixty days after the date of the	611
appointment, the person's form DD214 with the governor's office	612
department of veterans affairsservices in accordance with	613
guidelines established by the director of that office	614
department.	615

(2) If the board of county commissioners appoints additional	616
members as described in division (B)(1) of this section, the board	617
may permit the commission to submit an original or revised budget	618
request for the ensuing fiscal year later than the last Monday in	619
May, as otherwise required under section 5901.11 of the Revised	620
Code.	621

(C) The board of county commissioners may remove, for cause,	622
any member appointed under this section. The board shall determine	623
whether the additional members may be reappointed upon the	624
expiration of their terms, and shall fill any vacancy in an	625
additional membership for the unexpired term in the manner	626
provided for the original appointment.	627

Sec. 5901.07.  The veterans service commission shall employ	628
one or more county veterans service officers, one of whom may act	629
as executive director. Each service officer shall be a veteran.	630
Within sixty days after the date of initial employment, each	631
service officer shall file a copy of the officer's form DD214 with	632
the governor's officedepartment of veterans affairsservices in	633
accordance with guidelines established by the director of that	634
officedepartment. Each service officer shall be employed in the	635
classified service and is exempt from civil service examination.	636
The commission may remove a veterans service officer who fails to	637
maintain accreditation or whose certification is revoked by the	638
director of veterans services. The service officers shall advise	639
and assist present and former members of the armed forces of the	640
United States, veterans, and their spouses, surviving spouses,	641
children, parents, and dependents in presenting claims or	642
obtaining rights or benefits under any law of the United States	643
or of this state.	644

The commission shall employ each service officer on a part-	645
or full-time basis and fix the officer's compensation. No county	646
commissioner or member of the veterans service commission shall be	647
employed as a service officer.	648

The commission shall employ the necessary clerks,	649
stenographers, and other personnel to assist the service officers	650
in the performance of duties and shall fix their compensation.	651
Each of these employees shall be a veteran or, if a qualified	652
veteran is not available, the spouse, surviving spouse, child, or	653
parent of a veteran. Each of these employees shall be employed in	654
the classified service and is exempt from civil service	655
examination.	656

The board of county commissioners, upon the recommendation or	657
approval of the veterans service commission, may provide suitable	658
office space, supplies, and office and incidental expenses for	659
each service officer. The compensation of each service officer and	660
of any employee and any expenses incurred under this section shall	661
be paid out of funds appropriated to the commission, as provided	662
in section 5901.11 of the Revised Code.	663

Sec. 5901.09.  (A) Each applicant for financial assistance	664
under sections 5901.01 to 5901.15 of the Revised Code shall	665
provide the veterans service commission with a statement	666
concerning the applicant's household income and the amount of real	667
and personal taxable property, stocks, bonds, moneys on hand	668
loaned or deposited in any bank or elsewhere, shares in building	669
associations, mortgages, notes, or other articles of value from	670
which the applicant derives an income or revenue. The statement	671
shall be made upon blanks furnished by the commission and shall be	672
subscribed by the applicant.	673

Statements provided under this division shall not include	674
medical records and, pursuant to division (B) of this section, are	675
not public records under section 149.43 of the Revised Code.	676
Veterans service commissions may compile statistical data from the	677
statements in a manner to be prescribed by the governor's office	678
department of veterans affairsservices. These data shall be	679
considered a matter of public record.	680

(B) The following are not public records under section 149.43	681
of the Revised Code:	682

(1) A statement described in division (A) of this section;

683

(2) Any application for financial assistance under sections	684
5901.01 to 5901.15 of the Revised Code;	685

(3) Any documents that accompany and pertain to a statement	686
described in division (A) of this section or an application	687
described in division (B)(2) of this section;	688

(4) Any other documents that are used by or are in the	689
possession of a veterans service commission that may affect the	690
determination of the eligibility of an applicant for financial	691
assistance under sections 5901.01 to 5901.15 of the Revised Code	692
or that may affect the determination of an increase, decrease, or	693
discontinuance of an allowance under section 5901.14 of the	694
Revised Code, if those documents are required to be kept	695
confidential under any statute of this state or the United States;	696

(5) Any applications to obtain benefits under any law of the	697
United States or of this state, and any documents accompanying	698
those applications, in the possession of a veterans service	699
commission and filed by persons in the armed forces of the United	700
States, veterans, or the spouses, surviving spouses, children,	701
parents, or dependents of veterans.	702

(C) Interviews of applicants for financial assistance under	703
sections 5901.01 to 5901.15 of the Revised Code, discussions of	704
the applications, statements, and other documents described in	705
division (B) of this section, and reviews of matters relating to	706
applicants' requests for financial assistance under sections	707
5901.01 to 5901.15 of the Revised Code shall be kept confidential.	708
In accordance with division (J) of section 121.22 of the Revised	709
Code, a veterans service commission shall conduct a meeting of the	710
commission or a portion of a meeting of the commission to	711
interview an applicant for financial assistance under sections	712
5901.01 to 5901.15 of the Revised Code, to discuss an application,	713
statement, or other document described in division (B) of this	714
section, or to review matters relating to an applicant's request	715
for financial assistance under sections 5901.01 to 5901.15 of the	716
Revised Code in an executive session.	717

(D) Except as otherwise provided in division (E) of this	718
section or division (B) of section 5902.04 of the Revised Code, a	719
veterans service commission shall ensure that the applications,	720
statements, and other documents described in division (B) of this	721
section are not used for any purpose other than to determine the	722
eligibility of the applicant for financial assistance under	723
sections 5901.01 to 5901.15 of the Revised Code or to determine	724
whether to increase, decrease, or discontinue an allowance under	725
section 5901.14 of the Revised Code.	726

(E)(1) An applicant for, or a recipient or former recipient	727
of, financial assistance under sections 5901.01 to 5901.15 of the	728
Revised Code may consent to the release by a veterans service	729
commission of any information in an application, statement, or	730
other document described in division (B) of this section that	731
pertains to the applicant, recipient, or former recipient by	732
completing and signing a release of information form. The form	733
shall be prescribed by the governor's officedepartment of	734
veterans affairsservices. An applicant for, or a recipient or	735
former recipient of, financial assistance shall sign a separate	736
release of information form each time the applicant, recipient,	737
or former recipient consents to the release of any specific	738
information in the application, statement, or other document	739
involved. A copy of each signed release of information form shall	740
be kept in the file of the applicant, recipient, or former	741
recipient kept by the commission. The release of information	742
form shall specify the following items:	743

(a) The individual, agency, or organization requesting the	744
information;	745

(b) The specific information requested;

746

(c) The intended use of the information requested;

747

(d) The date of the request for the information;

748

(e) The signature of the person who consents to the release	749
of the information.	750

(2) A law enforcement officer may obtain an application,	751
statement, or document as described in division (B) of this	752
section pursuant to an investigation by a law enforcement	753
authority, upon the issuance of a court order established upon	754
reasonable grounds that the information contained in the	755
applicatonapplication, statement, or document is relevant to a	756
suspected violation of law.	757

(3)(a) A party to a matter pending before a court may obtain	758
an application, statement, or document as described in division	759
(B) of this section, if upon application to a court of competent	760
jurisdiction, the party proves all of the following:	761

(i) The information contained in the application, statement,	762
or document is relevant and material to the matter before the	763
court.	764

(ii) Disclosure of the application, statement, or document	765
serves the interests of justice, because the need of the party	766
requesting the information within the application, statement, or	767
document outweighs the privacy interest of the applicant,	768
recipient, or former recipient of financial assistance under	769
sections 5901.01 to 5901.15 of the Revised Code.	770

(iii) No other reasonable mean exists to obtain the	771
information contained in the application, statement, or document.	772

(b) If the party to a matter pending before a court proves	773
all of the elements in division (E)(3)(a) of this section, the	774
court may order the disclosure of an application, statement, or	775
document described in division (B) of this section. For purposes	776
of this division the court shall do all of the following:	777

(i) Indicate the specific application, statement, or document	778
to be disclosed;	779

(ii) Indicate the purpose for the disclosure of the	780
application, statement, or docmentdocument;	781

(iii) Indicate the person to whom the application, statement,	782
or document will be disclosed.	783

Sec. 5902.01. There is hereby established within the office	784
of the governor the governor's office of veterans affairs. The	785
governor shall appoint, with the advice and consent of the senate,	786
a chief executive assistant, whoThe person appointed to the	787
position of director of veterans services shall be an honorably	788
discharged or honorably separated veteran of the United States	789
armed forces, to be known as director of the governor's office of	790
veterans affairs. The governor's officedepartment of veterans	791
affairsservices shall employ such other administrative and	792
technical personnel as are necessary to perform the general and	793
specific duties of the officedepartment. The administrative	794
assistants and technical personnel shall be honorably discharged	795
or honorably separated veterans of the United States armed	796
forces, and shall be employed in the classified service and not	797
be considered employees of the governor's office for purposes of	798
division (A)(16) of section 124.11 or division (B)(2) of section	799
124.14 of the Revised Code. Each individual employed in the	800
clerical staff shall be an honorably discharged or honorably	801
separated veteran or, if a qualified veteran is not available,	802
the spouse, surviving spouse, child, or parent of an honorably	803
discharged or honorably separated veteran, and shall be employed	804
in the classified service and not be considered an employee of	805
the governor's office for purposes of division (A)(16) of section	806
124.11 of the Revised Code.For positions within the department,	807
the director shall adopt rules under Chapter 119. of the Revised	808
Code establishing a program, which the director shall implement,	809
giving hiring preferences to veterans.	810

Sec. 5902.02.  The duties of the director of the governor's	811
office of veterans affairsservices shall include the following:	812

(A) Furnishing the veterans service commissions of all	813
counties of the state copies of the state laws, rules, and	814
legislation relating to the operation of the commissions and their	815
offices;	816

(B) Upon application, assisting the general public in	817
obtaining records of vital statistics pertaining to veterans or	818
their dependents;	819

(C) Adopting rules pursuant to Chapter 119. of the Revised	820
Code pertaining to minimum qualifications for hiring, certifying,	821
and accrediting county veterans service officers and, pertaining	822
to their required duties, and pertaining to revocation of the	823
certification of county veterans service officers;	824

(D) Adopting rules pursuant to Chapter 119. of the Revised	825
Code for the education, training, certification, and duties of	826
veterans service commissioners and for the revocation of the	827
certification of a veterans service commissioner;	828

(E) Developing and monitoring programs and agreements	829
enhancing employment and training for veterans in single or	830
multiple county areas;	831

(F) Developing and monitoring programs and agreements to	832
enable county veterans service commissions to address	833
homelessness, indigency, and other veteran-related issues	834
individually or jointly;	835

(G) Developing and monitoring programs and agreements to	836
enable state agencies, individually or jointly, that provide	837
services to veterans, including the veterans' homes operated under	838
Chapter 5907. of the Revised Code and the director of job and	839
family services, to address homelessness, indigency, employment,	840
and other veteran-related issues;	841

(H) Establishing and providing statistical reporting formats	842
and procedures for county veterans service commissions;	843

(I) Publishing annually, promulgating change notices for, and	844
distributing a listing of county veterans service officers, county	845
veterans service commissioners, state directors of veterans	846
affairs, and national and state service officers of accredited	847
veterans organizations and their state headquarters. The listing	848
shall include the expiration dates of commission members' terms of	849
office and the organizations they represent; the names, addresses,	850
and telephone numbers of county veterans service officers and	851
state directors of veterans affairs; and the addresses and	852
telephone numbers of the Ohio offices and headquarters of state	853
and national veterans service organizations.	854

(J) Publishing, by the first day of April of each	855
odd-numbered year, a directory of the laws of this state dealing	856
with veterans, as enacted through the conclusion of the previous	857
session of the general assembly, and distributing the publication	858
to each county veterans service office and the state headquarters	859
of each congressionally chartered veterans organization in the	860
state;	861

(K) Establishing a veterans advisory committee to advise and	862
assist the governor's officedepartment of veterans affairs	863
services in its duties. Members shall include a state	864
representative of congressionally chartered veterans	865
organizations referred to in section 5901.02 of the Revised	866
Code, a representative of any other congressionally chartered	867
state veterans organization that has at least one veterans	868
service commissioner in the state, three representatives of the	869
Ohio state association of county veterans service commissioners,	870
who shall have a combined vote of one, three representatives of	871
the state association of county veterans service officers, who	872
shall have a combined vote of one, one representative of the	873
county commissioners association of Ohio, who shall be a county	874
commissioner not from the same county as any of the other county	875
representatives, a representative of the advisory committee on	876
women veterans, a representative of a labor organization, and a	877
representative of the office of the attorney general. The	878
governor's officedepartment of veterans affairsservices shall	879
submit to the advisory committee proposed rules for the	880
committee's operation. The committee may review and revise these	881
proposed rules prior to submitting them to the joint committee	882
on agency rule review.	883

(L) Adopting, with the advice and assistance of the veterans	884
advisory committee, policy and procedural guidelines that the	885
veterans service commissions shall adhere to in the development	886
and implementation of rules, policies, procedures, and guidelines	887
for the administration of Chapter 5901. of the Revised Code. The	888
governor's officedepartment of veterans affairsservices shall	889
adopt no guidelines or rules regulating the purposes, scope,	890
duration, or amounts of financial assistance provided to	891
applicants pursuant to sections 5901.01 to 5901.15 of the	892
Revised Code. The director of the governor's office of veterans	893
affairsservices may obtain opinions from the office of the	894
attorney general regarding rules, policies, procedures, and	895
guidelines of the veterans service commissions and may enforce	896
compliance with Chapter 5901. of the Revised Code.	897

(M) Receiving copies of form DD214 filed in accordance with	898
the director's guidelines adopted under division (L) of this	899
section from members of veterans service commissions appointed	900
under section 5901.02 and from county veterans service officers	901
employed under section 5901.07 of the Revised Code;	902

(N) Developing and maintaining and improving a resource, such	903
as a telephone answering point or a web site, by means of which	904
veterans and their dependents, through a single portal, can access	905
multiple sources of information and interaction with regard to the	906
rights of, and the benefits available to, veterans and their	907
dependents. The director of veterans services may enter into	908
agreements with state and federal agencies, with agencies of	909
political subdivisions, with state and local instrumentalities,	910
and with private entities as necessary to make the resource as	911
complete as is possible.	912

(O) Planning, organizing, advertising, and conducting	913
outreach efforts, such as conferences and fairs, at which veterans	914
and their dependents may meet, learn about the organization and	915
operation of the department of veterans services and of veterans	916
service commissions, and obtain information about the rights of,	917
and the benefits and services available to, veterans and their	918
dependents;	919

(P) Advertising, in print, on radio and television, and	920
otherwise, the rights of, and the benefits and services available	921
to, veterans and their dependents;	922

(Q) Developing and advocating improved benefits and services	923
for, and improved delivery of benefits and services to, veterans	924
and their dependents;	925

(R) Searching for, identifying, and reviewing statutory and	926
administrative policies that relate to veterans and their	927
dependents and reporting to the general assembly statutory and	928
administrative policies that should be consolidated in whole or in	929
part within the organization of the department of veterans	930
services to unify funding, delivery, and accounting of statutory	931
and administrative policy expressions that relate particularly	932
to veterans and their dependents;	933

(S) Encouraging veterans service commissions to innovate and	934
otherwise to improve efficiency in delivering benefits and	935
services to veterans and their dependents and to report successful	936
innovations and efficiencies to the director of veterans services;	937

(T) Publishing and encouraging adoption of successful	938
innovations and efficiencies veterans service commissions have	939
achieved in delivering benefits and services to veterans and their	940
dependents;	941

(U) Establishing advisory committees, in addition to the	942
veterans advisory committee established under division (K) of this	943
section, on veterans issues;	944

(V) Developing and maintaining a relationship with the	945
United States department of veterans affairs, seeking optimal	946
federal benefits and services for Ohio veterans and their	947
dependents, and encouraging veterans service commissions to	948
maximize the federal benefits and services to which veterans and	949
their dependents are entitled;	950

(W) Developing and maintaining relationships with the	951
several veterans organizations, encouraging the organizations in	952
their efforts at assisting veterans and their dependents, and	953
advocating for adequate state subsidization of the organizations;	954

(X) Requiring the several veterans organizations that receive	955
funding from the state annually to report to the director of	956
veterans services and prescribing the form and content of the	957
report;	958

(Y) Investigating complaints against county veterans services	959
commissioners and county veterans service officers if the director	960
reasonably believes the investigation to be appropriate and	961
necessary;	962

(Z) Taking any other actions required by this chapter.

963

Sec. 5902.03.  The director of the governor's office of	964
veterans affairsservices may microfilm or otherwise duplicate all	965
or any part of copies of original certificates of discharge and	966
separation submitted by Ohio veterans in conjunction with their	967
applications for Ohio war bonuses.	968

The director may prepare and maintain files of such	969
microfilmed certificates of discharge and separation in such	970
manner that they may readily be available for the use of the	971
governor's officedepartment of veterans affairsservices,	972
authorized veterans service officers of the several	973
congressionally chartered veterans organizations, and county	974
veterans service officers of the several counties of the state	975
in support of applications for compensation, pension, medical,	976
or domiciliary care, or other state and federal benefits	977
provided for eligible veterans or their dependents or survivors.	978

The director may make copies of such microfilmed certificates	979
of discharge and separation for storage under secure conditions to	980
assure their preservation, and for supply to qualified veterans or	981
their dependents or survivors or to interested and authorized	982
veterans organizations to aid such organizations in their programs	983
of veterans aid and assistance.	984

Sec. 5902.04.  (A) Upon application, the director of the	985
governor's office of veterans affairsservices shall furnish	986
necessary instructions and advice to the veterans of the state,	987
their heirs, or their legal representatives, respecting their	988
claims against the United States or the state for pensions,	989
bounty, bonus, back pay, or otherwise, by reason of military	990
service, and perform other duties that the governor requires.	991

(B) The director or the director's representative may examine	992
the files of any veterans service commission that pertain to	993
either of the following classes of persons to determine the	994
custody, use, or confidentiality of any documents in those files:	995

(1) Applicants for, or recipients or former recipients of,	996
financial assistance under sections 5901.01 to 5901.15 of the	997
Revised Code;	998

(2) Applicants for federal, state, or county benefits under	999
those sections.	1000

(C)(1) No information or documents obtained by examinations	1001
conducted under division (B) of this section shall be considered	1002
part of the public records of the governor's officedepartment of	1003
veterans affairsservices. The director may disclose information	1004
or documents that the director obtains pursuant to an	1005
examination conducted under division (B) of this section and that	1006
personally identify an applicant, recipient, or former recipient	1007
described in that division, if either of the following applies:	1008

(a) The director considers the disclosure necessary to	1009
enforce compliance with Chapter 5901. of the Revised Code.	1010

(b) For the purposes and under the circumstances authorized	1011
under division (E) of section 5901.09 of the Revised Code.	1012

(2) In all other cases, the director shall maintain the	1013
confidentiality of information or documents that the director	1014
obtains pursuant to an examination under division (B) of this	1015
section and that personally identify an applicant, recipient, or	1016
former recipient described in that division.	1017

Sec. 5902.06.  The director of the governor's office of	1018
veterans affairsservices shall keep a register showing the	1019
situation and disposition of any claim filed by that officethe	1020
department of veterans services.	1021

Sec. 5902.07.  The director of the governor's office of	1022
veterans affairsservices may administer oaths. He shall have a	1023
seal of office and hisThe director's official certificate shall	1024
be received in evidence without further authentication.	1025

Sec. 5902.08.  The director of the governor's office of	1026
veterans affairsservices, or any employee thereof, shall not	1027
receive directly or indirectly a fee or reward of any kind from	1028
a claimant or other person for services rendered or to be	1029
rendered, relating to a duty required of himthe director or	1030
employee under sections 5902.01 to 5902.07 of the Revised Code,	1031
or in any manner connected therewith.	1032

Sec. 5902.09. The person in charge of a state agency or	1033
instrumentality, an agency or instrumentality of a political	1034
subdivision, or a private entity, such as a nursing home, that	1035
provides law enforcement, health, or welfare services to	1036
individuals, other than the Ohio veterans' home and veterans	1037
service organizations, shall ask an individual with whom the	1038
agency, instrumentality, or entity interacts if the individual	1039
is a veteran or is or was the dependent of a veteran. If the	1040
individual claims to be such an individual, the person in charge	1041
shall report the individual's name, address, telephone number,	1042
and e-mail address; the agency's, instrumentality's, or entity's	1043
name, address, telephone number, and e-mail address; the nature	1044
of the agency's, instrumentality's, or entity's interaction with	1045
the individual; and the date on which the interaction occurred	1046
to the director of veterans services. The director shall inform	1047
the veterans service commission having jurisdiction about the	1048
veteran or dependent and the interaction. The commission shall	1049
inquire about, and offer benefits and services appropriate to,	1050
the veteran or dependent.	1051

Sec. 5902.15.  (A) If the president of the United States	1052
indicates that national guard or reserve forces with headquarters	1053
in this state may be called to active military duty, the governor	1054
or the director of the governor's office of veterans affairs	1055
services shall convene, not later than ten days after all its	1056
members are appointed, a military activation task force to	1057
determine whether federal, state, and county agencies have	1058
prepared proper support mechanisms for that military activation.	1059
The task force shall prepare and publish a report stating	1060
whether these mechanisms have been prepared and what further	1061
actions need to be taken to support that military activation.	1062

(B) The members of the task force are the chairpersons and	1063
ranking minority members of the committees of the house of	1064
representatives and senate that customarily consider bills dealing	1065
with the military and veterans affairs, and a representative of	1066
each of the following agencies and organizations whom that agency	1067
or organization shall appoint:	1068

(1) The Ohio army national guard;

1069

(2) The Ohio air national guard;

1070

(3) The United States army reserve;

1071

(4) The United States marine corps reserve;

1072

(5) The United States naval reserve;

1073

(6) The United States air force reserve;

1074

(7) The United States coast guard reserve;

1075

(8) The United States department of veterans affairs;

1076

(9) The American Legion, department of Ohio;

1077

(10) The Veterans of Foreign Wars, department of Ohio;

1078

(11) The AMVETS, department of ohioOhio;

1079

(12) The Disabled American Veterans, department of ohioOhio;

1080

(13) The American Ex-Prisoners of War, department of Ohio;

1081

(14) The Vietnam Veterans of America, department of ohio	1082
Ohio;	1083

(15) The office of the Ohio attorney general;

1084

(16) The Ohio association of county veterans service	1085
officers;	1086

(17) The Ohio association of county veterans service	1087
commissioners;	1088

(18) The bureau of employment services;

1089

(19) The department of administrative services;

1090

(20)(19) The state department of humanjob and family	1091
services;	1092

(21)(20) The Ohio office of the United States department of	1093
labor;	1094

(22)(21) The employer support of the national guard and	1095
reserve;	1096

(23)(22) The Ohio military family support group;

1097

(24)(23) The national league of families of prisoners and	1098
missing in action;	1099

(25)(24) The governor's officedepartment of veterans	1100
affairsservices.	1101

(C) At its first meeting, the task force shall elect a	1102
chairperson and other officers it considers necessary.	1103

(D) Members of the task force shall receive no compensation	1104
but shall be reimbursed for expenses they incur in the performance	1105
of their duties.	1106

(E) Members of the task force shall serve until the task	1107
force publishes its report. Any vacancy on the task force shall be	1108
filled in the same manner as the original appointment.	1109

(F) The governor's officedepartment of veterans affairs	1110
services shall provide the task force with necessary personnel,	1111
supplies, and services.	1112

Sec. 5903.02.  (A) The determination of reinstatement and	1113
reemployment rights of permanent public employees and permanent	1114
private employees in the uniformed services shall be made in	1115
accordance withAs used in this section, "uniformed services" and	1116
"service in the uniformed services" have the same meanings as in	1117
the "Uniformed Services Employment and Reemployment Rights Act of	1118
1994," 108 Stat. 3149, 38 U.S.C.A. 4301, et. seq4303.	1119

(B) Any person whose absence from a position of employment is	1120
necessitated by reason of service in the uniformed services or in	1121
the Ohio organized militia has the same reinstatement and	1122
reemployment rights in this state that a person has under the	1123
"Uniformed Services Employment and Reemployment Rights Act of	1124
1994." A person who is denied a reinstatement or reemployment	1125
right pursuant to this section has a cause of action for the same	1126
remedies as a person has under the "Uniformed Services Employment	1127
and Reemployment Rights Act of 1994." The court of common pleas,	1128
notwithstanding any sum limitation established by decision of a	1129
board of county commissioners pursuant to section 2305.01 of the	1130
Revised Code, shall have exclusive original jurisdiction for such	1131
actions, unless the defendant is the state, in which case the	1132
court of claims shall have exclusive original jurisdiction	1133
pursuant to division (C) of this section.	1134

(C) A person who seeks reinstatement or reemployment rights	1135
with the state, pursuant to this section, may bring an action in	1136
the court of claims pursuant to this section or section 4323 of	1137
the "Uniformed Services Employment and Reemployment Rights Act of	1138
1994."	1139

(D) In any action or proceeding to enforce a provision of	1140
this section, the court shall require the defendant to pay the	1141
court costs if the plaintiff is the prevailing party in the action	1142
or proceeding. If the plaintiff is not the prevailing party, the	1143
court may use its discretion in allocating court costs among the	1144
parties to the action.	1145

(E) In any action or proceeding to enforce a provision of	1146
this section the court may award to a plaintiff who prevails in	1147
such action or proceeding reasonable attorney's fees, expert	1148
witness fees, and other litigation expenses. If the plaintiff does	1149
not receive a favorable judgment from the court in that action,	1150
the court shall not require the plaintiff to reimburse the state	1151
or the defendant for attorney's fees.	1152

(F) The director of administrative services shall adopt rules	1153
in accordance with Chapter 119. of the Revised Code for the	1154
implementation of this chapter with respect to persons in public	1155
service.	1156

Sec. 5903.99.  Whoever violates sections 5903.01 andsection	1157
5903.02 of the Revised Code may be fined not more than one	1158
thousand dollars or imprisoned not more than six months, or both.	1159

Sec. 5904.01.  (A) There is hereby created the Ohio veterans	1160
hall of fame. The governor's officedepartment of veterans affairs	1161
services shall serve as the veterans hall of fame's	1162
administrative agent. The veterans hall of fame shall recognize	1163
the post-military achievements of outstanding veterans and	1164
spotlight all veterans' contributions to the civilian workplace.	1165

(B) The Ohio veterans hall of fame shall have an executive	1166
committee composed of thirteen members, all of whom shall be	1167
veterans. The director of the governor's office of veterans	1168
affairsservices shall be an ex officio member. The governor's	1169
officedepartment of veterans affairs'services' veterans	1170
advisory committee, the advisory committee on women veterans,	1171
the Ohio veterans hall of fame foundation, the Veterans of	1172
Foreign Wars, the Disabled American Veterans, the AMVETS, the	1173
Vietnam Veterans of America, and the American Legion shall each	1174
appoint one member.	1175

The Ohio veterans hall of fame executive committee shall	1176
appoint its final four members, one of whom shall be from any	1177
veterans organization that is incorporated in this state and that	1178
is not otherwise represented on the executive committee, one of	1179
whom was inducted into the veterans hall of fame three years	1180
before the current fiscal year, one of whom was inducted into the	1181
veterans hall of fame two years before the current fiscal year,	1182
and one of whom was inducted into the veterans hall of fame one	1183
year before the current fiscal year.	1184

(C) Terms of office of the members of the Ohio veterans hall	1185
of fame executive committee shall be for three years. Each member	1186
shall serve subsequent to the expiration of the member's term	1187
until the member's successor is appointed, or until sixty days has	1188
elapsed, whichever occurs first. No member shall serve more than	1189
two consecutive terms.	1190

(D) All vacancies in the membership of the Ohio veterans hall	1191
of fame executive committee shall be filled in the same manner as	1192
prescribed for original appointments, and the terms of the	1193
appointees shall be limited to the unexpired terms.	1194

(E) The members of the Ohio veterans hall of fame executive	1195
committee shall serve without compensation, but shall be	1196
reimbursed for their actual and necessary expenses incurred in the	1197
performance of their official duties.	1198

(F) The Ohio veterans hall of fame executive committee shall	1199
elect a chairperson and vice-chairperson from its membership. It	1200
shall meet annually to select inductees for the veterans hall of	1201
fame from the persons nominated in a manner prescribed by the	1202
executive committee. The names of selected inductees shall be	1203
submitted to the governor for final approval. The governor shall	1204
provide any final approval within thirty days after the executive	1205
committee submits the names of the selected inductees. The	1206
governor may reject any of the selected inductees for cause, but	1207
shall not make any additions to the list of those inductees.	1208

(G) Except as otherwise provided in this division, all state	1209
elected officials, members of the general assembly, members of the	1210
Ohio veterans hall of fame foundation, members of the veterans	1211
hall of fame executive committee, members of the governor's staff,	1212
members of the veterans hall of fame staff, and members of any	1213
county veterans service commission, and the director of the	1214
governor's office of veterans affairsservices, shall not be	1215
eligible for induction into the veterans hall of fame until two	1216
years after they have left their position. The executive	1217
committee may waive the two-years requirement for nominees over	1218
the age of seventy.	1219

(H) The Ohio veterans hall of fame executive committee is not	1220
subject to sections 101.82 to 101.87 of the Revised Code.	1221

Sec. 5907.01. (A) As used in this chapter:

1222

(1) "Nursing home" means a nursing home within a veterans'	1223
home.	1224

(2) "Veterans' home" means a veterans' home operated by the	1225
Ohio veterans' home agency.	1226

(B) There is hereby established the Ohio veterans' home	1227
agency thatas part of the department of veterans services. The	1228
agency shall maintain and operate veterans' and nursing homes for	1229
honorably discharged veterans.	1230

Sec. 5907.02.  The board of trustees of the Ohio veterans'	1231
home agency, which is hereby created, shall consist of seven	1232
members whodirector of veterans services shall govern the Ohio	1233
veterans' home agency and have charge and custody of the agency's	1234
facilities. The members shall be the director of administrative	1235
services or that director's designee, the director of aging or	1236
that director's designee, and five members who shall be appointed	1237
by the governor with the advice and consent of the senate. All the	1238
members of the board appointed by the governor shall be veterans	1239
of wars in which the United States has participated, and not more	1240
than three of the members shall be of the same political party.	1241
The trustees shall serve without compensation, but they shall be	1242
allowed their actual expenses incurred in the discharge of their	1243
duties. Each year, the governor shall appoint one trustee. The	1244
term of office for each member of the board shall be for five	1245
years, commencing on the first day of July and ending on the	1246
thirtieth day of June. Each member shall hold office from the	1247
date of that member's appointment until the end of the term for	1248
which the member was appointed. Any member appointed to fill a	1249
vacancy occurring prior to the expiration of the term for which	1250
that member's predecessor was appointed shall hold office for the	1251
remainder of that term. Any member shall continue in office	1252
subsequent to the expiration date of that member's term until	1253
the member's successor takes office, or until a period of sixty	1254
days has elapsed, whichever occurs first. The boarddirector	1255
shall govern, conduct, and care for veterans' homes, the	1256
property of the homes, and the veterans residing in the home.	1257

Four members of the board constitute a quorum, but any three	1258
may approve the payment of current expenses, salaries, and open	1259
contracts previously entered into by the board.	1260

All supplies for the agency shall be purchased as provided in	1261
sections 125.04 to 125.15 of the Revised Code.	1262

The boarddirector shall appoint a superintendent of the Ohio	1263
veterans' home agency upon any terms that are proper, and the	1264
superintendent, with the advice and consent of the boarddirector,	1265
shall employ aides, assistants, and employees, and perform other	1266
duties that may be assigned to the superintendent by the board	1267
director or become necessary in the carrying out of the	1268
superintendent's duties. The superintendent shall be responsible	1269
directly to the boarddirector.	1270

Subject to section 5907.021 of the Revised Code, the	1271
superintendent may appoint one or more employees at each veterans'	1272
home as veterans' home police officers authorized to act on the	1273
grounds of that home. The superintendent shall provide to those	1274
employees a copy of the rules that apply to their appointment. The	1275
rules shall specify whether or not the police officers may carry a	1276
firearm.	1277

Subject to section 5907.021 of the Revised Code, the	1278
superintendent shall appoint a chief of police of the Ohio	1279
veterans' home agency, determine the number of officers and other	1280
personnel required by each veterans' home, and establish salary	1281
schedules and other conditions of employment for veterans' homes	1282
police officers. The chief of police shall serve at the pleasure	1283
of the superintendent and shall appoint officers and other	1284
personnel as the veterans' homes may require, subject to the rules	1285
and limits that the superintendent establishes regarding	1286
qualifications, salary ranges, and the number of personnel. The	1287
superintendent, with the approval of the boarddirector, may	1288
purchase or otherwise acquire any police apparatus, equipment, or	1289
materials, including a police communication system and vehicles,	1290
that the veterans' homes police officers may require. The	1291
superintendent may send one or more of the officers or employees	1292
nominated by the police chief to a school of instruction designed	1293
to provide additional training or skills related to their work	1294
assignment at their veterans' home. The superintendent may send	1295
those officers or employees to the Ohio peace officer training	1296
academy that the superintendent considers appropriate.	1297

The boarddirector shall make an annual report to the	1298
governor as to all expenditures and as to the management of the	1299
Ohio veterans' home agency.	1300

Sec. 5907.022.  The board of trustees of the Ohio veterans'	1301
home agencydirector of veterans services may do either of the	1302
following to expand nursing home care and domiciliary services to	1303
veterans at sites other than the Ohio veterans' homes and nursing	1304
homes:	1305

(A) Enter into contracts or agreements, including agreements	1306
for the acceptance of grants, to construct, lease, purchase, or	1307
otherwise acquire real property or facilities to establish a	1308
network of facilities;	1309

(B) Enter into contracts with private providers.

1310

Sec. 5907.023. Neither theThe Ohio veterans' home agency	1311
established by section 5907.01 of the Revised Code nor the board	1312
of trustees of the Ohio veterans' home agency created by section	1313
5907.02 of the Revised Code is not subject to sections 101.82 to	1314
101.87 of the Revised Code.	1315

Sec. 5907.03.  The management and control of veterans' homes	1316
shall be subject to such inspection and supervision as the	1317
congress of the United States may require as a condition of making	1318
appropriations for their maintenance. A person appointed or	1319
designated by congress may make such inspection and exercise such	1320
supervision, and, if so required by congress, the person may have	1321
and exercise the privileges of a member of the board of trustees	1322
of the Ohio veterans' home agencythe director of veterans	1323
services.	1324

Sec. 5907.04. AllSubject to the following paragraph, all	1325
members of the armed forces, who served in the regular or	1326
volunteer forces of the United States or the Ohio national guard	1327
or members of the naval militia during the war with Spain, the	1328
Philippine insurrection, the China relief expedition, the Indian	1329
war, the Mexican expedition, World War I, World War II, or during	1330
the period beginning June 25, 1950 and ending July 19, 1953, known	1331
as the Korean conflict, or during the period beginning August 5,	1332
1964, and ending July 1, 1973, known as the Vietnam conflict, or	1333
any person who is awarded either the armed forces expeditionary	1334
medal established by presidential executive order 10977 dated	1335
December 4, 1961, or the Vietnam service medal established by	1336
presidential executive order 11231 dated July 8, 1965, who have	1337
been honorably discharged or separated under honorable conditions	1338
therefrom, or any discharged members of the Polish and	1339
Czechoslovakian armed forces who served in armed conflict with an	1340
enemy of the United States in World War I or World War II who have	1341
been citizens of the United States for at least ten years,	1342
provided that the above-mentioned persons have been citizens of	1343
this state for five consecutive years or more at the date of	1344
making application for admission, are disabled by disease, wounds,	1345
or otherwise, and are by reason of such disability incapable of	1346
earning their living, and all members of the Ohio national guard	1347
or naval militia who have lost an arm or leg, or their sight, or	1348
become permanently disabled from any cause, while in the line and	1349
discharge of duty, and are not able to support themselves, may be	1350
admitted to a veterans' home under such rules as the board of	1351
trustees of the Ohio veterans' home agencydirector of veterans	1352
services adopts.	1353

A person who served in the armed forces of the United States	1354
as defined in division (E)(7) of section 5903.11 of the Revised	1355
Code is eligible for admission to a veterans' home under the	1356
preceding paragraph only if the person has the characteristics	1357
defined in division (B)(1) of section 5901.01 of the Revised Code.	1358

The superintendent of the Ohio veterans' home agency shall	1359
promptly and diligently pursue the establishment of the	1360
eligibility for medical assistance under Chapter 5111. of the	1361
Revised Code of all persons admitted to a veterans' home and all	1362
residents of a home who appear to qualify and shall promptly and	1363
diligently pursue and maintain the certification of each home's	1364
compliance with federal laws and regulations governing	1365
participation in the medical assistance program to include as	1366
large as possible a part of the home's bed capacity.	1367

Veterans' homes may reserve a bed during the temporary	1368
absence of a resident or patient from the home, including a	1369
nursing home within it, under conditions prescribed by the board	1370
of trusteesdirector, to include hospitalization for an acute	1371
condition, visits with relatives and friends, and participation in	1372
therapeutic programs outside the home. A home shall not reserve a	1373
bed for more than thirty days, except that absences for more than	1374
thirty days due to hospitalization may be authorized.	1375

Sec. 5907.11.  (A) The superintendent of the Ohio veterans'	1376
home agency, with the approval of the board of trustees of the	1377
agencydirector of veterans services, may establish a local fund	1378
for each veterans' home to be used for the entertainment and	1379
welfare of the residents of the home. Each fund shall be	1380
designated as the residents' benefit fund and shall be operated	1381
for the exclusive benefit of the residents of the associated home.	1382
Each fund shall receive all revenue from the sale of commissary	1383
items at the associated home and shall receive all moneys received	1384
as donations by the associated home from any source.	1385

(B) The residents' benefit funds also may be used to receive	1386
and disburse any donations made for events sponsored by the Ohio	1387
veterans hall of fame.	1388

(C) The superintendent, subject to the approval of the board	1389
of trusteesdirector, shall establish rules for the operation of	1390
the residents' benefit funds.	1391

Sec. 5907.12.  The board of trustees of the Ohio veterans'	1392
home agencydirector of veterans services may utilize the services	1393
of volunteers to assist in attending to and caring for residents,	1394
assisting in resident activities, caring for veterans' homes'	1395
buildings and grounds, and participating in any other services	1396
that accomplish any of the board'sdirector's purposes related to	1397
veterans' homes. All volunteer programs are subject to the board's	1398
director's approval. The boarddirector may recruit, train, and	1399
supervise the services of community volunteers or volunteer groups	1400
for volunteer programs. The boarddirector may designate	1401
volunteers as state employees for the purpose of motor vehicle	1402
accident liability insurance under section 9.83 of the Revised	1403
Code and for the purpose of indemnification from liability	1404
incurred in the performance of their duties under section 9.87 of	1405
the Revised Code.	1406

Sec. 5907.13.  Residents of veterans' homes may be assessed a	1407
fee to pay a portion of the expenses of their support, dependent	1408
upon their ability to pay. Subject to controlling board approval,	1409
the board of trustees of the Ohio veterans' home agencydirector	1410
of veterans services shall adopt rules for determining a	1411
resident's ability to pay. Each resident shall furnish the board	1412
of trusteesdirector statements of income, assets, debts, and	1413
expenses that the boarddirector requires.	1414

All fees contributed by the residents under this section	1415
shall be deposited into an interest-bearing account in a public	1416
depository in accordance with section 135.18 of the Revised Code.	1417
All of these fees shall be paid to the treasurer of state within	1418
thirty days after the end of the month of receipt, together with	1419
all interest credited to the account to date. The treasurer of	1420
state shall credit eighty per cent of these fees and of this	1421
interest to the Ohio veterans' homes operating fund and twenty per	1422
cent of these fees and of this interest to the Ohio veterans'	1423
homes fund.	1424

The fee for each resident shall be based upon the level of	1425
care provided to the resident by the resident's home. The board of	1426
trusteesdirector shall determine authorized levels of care for	1427
residents. The assessment for each resident shall not exceed the	1428
difference between the total per diem amount collected by the	1429
state for maintenance from all sources on the resident's behalf	1430
and the average annual per diem cost for the resident's	1431
maintenance, computed in accordance with veterans administration	1432
regulations.	1433

Sec. 5907.141.  (A) All money received from the United States	1434
department of veterans affairs in per diem grants for care that	1435
veterans' homes provide shall be deposited in the state treasury	1436
to the credit of the Ohio veterans' homes federal grant fund,	1437
which is hereby created. Money credited to the fund shall be used	1438
only for the operating costs of veterans' homes.	1439

(B) Any resident of a veterans' home whom the United States	1440
department of veterans affairs determines to have excess income or	1441
assets, or is denied per diem for any reason by the United States	1442
department of veterans affairs, therefore rendering the home	1443
ineligible to collect per diem grant reimbursement for days of	1444
care provided to that resident, may be required to pay, in	1445
addition to the fees assessed under section 5907.13 of the Revised	1446
Code, an amount equal to the rate of per diem grant that the	1447
department denied for that particular resident. Any amount that	1448
the resident pays under this division shall be collected and	1449
distributed in the same manner as the fees assessed under section	1450
5907.13 of the Revised Code.	1451

Sec. 5910.02.  There is hereby created an Ohio war orphans	1452
scholarship board consistingas part of the department of veterans	1453
services. The board consists of seveneight members as follows:	1454
the chancellor of the Ohio board of regents or the chancellor's	1455
designee; the director of veterans services or the director's	1456
designee; one member of the house of representatives, appointed by	1457
the speaker; one member of the senate, appointed by the president	1458
of the senate; and four members appointed by the governor, one of	1459
whom shall be a representative of the American Legion, one of whom	1460
shall be a representative of the Veterans of Foreign Wars, one of	1461
whom shall be a representative of the Disabled American Veterans,	1462
and one of whom shall be a representative of the AMVETS. At least	1463
ninety days prior to the expiration of the term of office of the	1464
representative of a veterans organization appointed by the	1465
governor, the governor shall notify the state headquarters of the	1466
affected organization of the need for an appointment and request	1467
the organization to make at least three nominations. Within sixty	1468
days after making the request for nominations, the governor may	1469
make the appointment from the nominations received, or may reject	1470
all the nominations and request at least three new nominations,	1471
from which the governor shall make an appointment within thirty	1472
days after making the request for the new nominations. If the	1473
governor receives no nominations during this thirty-day period,	1474
the governor may appoint any veteran.	1475

Terms of office for the four members appointed by the	1476
governor shall be for four years, commencing on the first day of	1477
January and ending on the thirty-first day of December, except	1478
that the term of the AMVETS representative shall expire December	1479
31, 1998, and the new term that succeeds it shall commence on	1480
January 1, 1999, and end on December 31, 2002. Each member shall	1481
hold office from the date of the member's appointment until the	1482
end of the term for which the member was appointed. The other	1483
members shall serve during their terms of office. Any vacancy	1484
shall be filled by appointment in the same manner as by original	1485
appointment. Any member appointed to fill a vacancy occurring	1486
prior to the expiration of the term for which the member's	1487
predecessor was appointed shall hold office for the remainder of	1488
such term. Any appointed member shall continue in office	1489
subsequent to the expiration date of the member's term until the	1490
member's successor takes office, or until a period of sixty days	1491
has elapsed, whichever occurs first. The members of the board	1492
shall serve without pay but shall be reimbursed for travel	1493
expenses and for other actual and necessary expenses incurred in	1494
the performance of their duties, not to exceed ten dollars per day	1495
for ten days in any one year to be appropriated out of any moneys	1496
in the state treasury to the credit of the general revenue fund.	1497

The chancellor of the board of regents shall act as secretary	1498
to the board and shall furnish such clerical and other assistance	1499
as may be necessary to the performance of the duties of the board.	1500

The board shall determine the number of scholarships to be	1501
made available, receive applications for scholarships, pass upon	1502
the eligibility of applicants, decide which applicants are to	1503
receive scholarships, and do all other things necessary for the	1504
proper administration of this chapter.	1505

Sec. 5923.05.  (A)(1) Permanent public employees who are	1506
members of the Ohio organized militia or members of other reserve	1507
components of the armed forces of the United States, including the	1508
Ohio national guard, are entitled to a leave of absence from their	1509
respective positions without loss of pay for the time they are	1510
performing service in the uniformed services, for periods of up to	1511
one month, for each calendar year in which they are performing	1512
service in the uniformed services.	1513

(2) As used in this section:

1514

(a) "Calendar year" means the year beginning on the first day	1515
of January and ending on the last day of December.	1516

(b) "Month" means twenty-two eight-hour work days or one	1517
hundred seventy-six hours within one calendar year.	1518

(c) "Permanent public employees" and "uniformed services"	1519
have the same meanings as in section 5903.01 of the Revised Code	1520
employee" means any person holding a position in public employment	1521
that requires working a regular schedule of twenty-six consecutive	1522
biweekly pay periods, or any other regular schedule of comparable	1523
consecutive pay periods, which is not limited to a specific season	1524
or duration. "Permanent public employee" does not include student	1525
help; intermittent, seasonal, or external interim employees; or	1526
individuals covered by personal services contracts.	1527

(d) "State agency" means any department, bureau, board,	1528
commission, office, or other organized body established by the	1529
constitution or laws of this state for the exercise of any	1530
function of state government, the general assembly, all	1531
legislative agencies, the supreme court, the court of claims, and	1532
the state-supported institutions of higher education.	1533

(e) "Service in the uniformed services" means the performance	1534
of duty, on a voluntary or involuntary basis, in a uniformed	1535
service, under competent authority, and includes active duty,	1536
active duty for training, initial active duty for training,	1537
inactive duty for training, full-time national guard duty, and	1538
performance of duty or training by a member of the Ohio organized	1539
militia pursuant to Chapter 5923. of the Revised Code. "Service in	1540
the uniformed services" includes also the period of time for which	1541
a person is absent from a position of public or private employment	1542
for the purpose of an examination to determine the fitness of the	1543
person to perform any duty described in this division.	1544

(f) "Uniformed services" means the armed forces, the Ohio	1545
organized militia when engaged in active duty for training,	1546
inactive duty training, or full-time national guard duty, the	1547
commissioned corps of the public health service, and any other	1548
category of persons designated by the president of the United	1549
States in time of war or emergency.	1550

(B) Except as otherwise provided in division (D) of this	1551
section, any permanent public employee who is employed by a	1552
political subdivision, who is entitled to the leave provided under	1553
division (A) of this section, and who is called or ordered to the	1554
uniformed services for longer than a month, for each calendar year	1555
in which the employee performed service in the uniformed services,	1556
because of an executive order issued by the president of the	1557
United States, because of an act of congress, or because of an	1558
order to perform duty issued by the governor pursuant to section	1559
5919.29 of the Revised Code is entitled, during the period	1560
designated in the order or act, to a leave of absence and to be	1561
paid, during each monthly pay period of that leave of absence, the	1562
lesser of the following:	1563

(1) The difference between the permanent public employee's	1564
gross monthly wage or salary as a permanent public employee and	1565
the sum of the permanent public employee's gross uniformed pay and	1566
allowances received that month;	1567

(2) Five hundred dollars.

1568

(C) Except as otherwise provided in division (D) of this	1569
section, any permanent public employee who is employed by a state	1570
agency, who is entitled to the leave provided under division (A)	1571
of this section, and who is called or ordered to the uniformed	1572
services for longer than a month, for each calendar year in which	1573
the employee performed service in the uniformed services, because	1574
of an executive order issued by the president of the United	1575
States, because of an act of congress, or because of an order to	1576
perform duty issued by the governor pursuant to section 5919.29 or	1577
5923.21 of the Revised Code is entitled, during the period	1578
designated in the order or act, to a leave of absence and to be	1579
paid, during each monthly pay period of that leave of absence, the	1580
difference between the permanent public employee's gross monthly	1581
wage or salary as a permanent public employee and the sum of the	1582
permanent public employee's gross uniformed pay and allowances	1583
received that month.	1584

(D) No permanent public employee shall receive payments under	1585
division (B) or (C) of this section if the sum of the permanent	1586
public employee's gross uniformed pay and allowances received in a	1587
pay period exceeds the employee's gross wage or salary as a	1588
permanent public employee for that period or if the permanent	1589
public employee is receiving pay under division (A) of this	1590
section.	1591

(E) Any political subdivision of the state, as defined in	1592
section 2744.01 of the Revised Code, may elect to pay any of its	1593
permanent public employees who are entitled to the leave provided	1594
under division (A) of this section and who are called or ordered	1595
to the uniformed services for longer than one month, for each	1596
calendar year in which the employee performed service in the	1597
uniformed services, because of an executive order issued by the	1598
president or an act of congress, such payments, in addition to	1599
those payments required by division (B) of this section, as may be	1600
authorized by the legislative authority of the political	1601
subdivision.	1602

(F) Each permanent public employee who is entitled to leave	1603
provided under division (A) of this section shall submit to the	1604
permanent public employee's appointing authority the published	1605
order authorizing the call or order to the uniformed services or a	1606
written statement from the appropriate military commander	1607
authorizing that service, prior to being credited with that leave.	1608

(G) Any permanent public employee of a political subdivision	1609
whose employment is governed by a collective bargaining agreement	1610
with provision for the performance of service in the uniformed	1611
services shall abide by the terms of that collective bargaining	1612
agreement with respect to the performance of that service, except	1613
that no collective bargaining agreement may afford fewer rights	1614
and benefits than are conferred under this section.	1615

Section 2. That existing sections 121.02, 121.03, 2311.07,	1616
2311.08, 2743.03, 3313.616, 3319.13, 4112.01, 5901.02, 5901.021,	1617
5901.07, 5901.09, 5902.01, 5902.02, 5902.03, 5902.04, 5902.06,	1618
5902.07, 5902.08, 5902.15, 5903.02, 5903.99, 5904.01, 5907.01,	1619
5907.02, 5907.022, 5907.023, 5907.03, 5907.04, 5907.11, 5907.12,	1620
5907.13, 5907.141, 5910.02, and 5923.05 of the Revised Code are	1621
hereby repealed.	1622

Section 3. That sections 124.29, 5902.05, and 5903.01 of the	1623
Revised Code are hereby repealed.	1624

Section 4. Chapter 5902. of the Revised Code shall be known	1625
as "Department of Veterans Services."	1626

Section 5. On the effective date of this section, the	1627
Governor's Office of Veterans Affairs is abolished and its	1628
functions, and its assets and liabilities, are transferred to the	1629
Department of Veterans Services. The Department of Veterans	1630
Services is successor to, assumes the obligations and authority	1631
of, and otherwise continues the Governor's Office of Veterans	1632
Affairs. No right, privilege, or remedy, and no duty, liability,	1633
or obligation, accrued under the Governor's Office of Veterans	1634
Affairs is impaired or lost by reason of the transfer and shall be	1635
recognized, administered, performed, or enforced by the Department	1636
of Veterans Services.	1637

Business commenced but not completed by the Governor's Office	1638
of Veterans Affairs or by the Director of the Governor's Office of	1639
Veterans Affairs shall be completed by the Department of Veterans	1640
Services or the Director of Veterans Services in the same manner,	1641
and with the same effect, as if completed by the Governor's Office	1642
of Veterans Affairs or the Director of the Governor's Office of	1643
Veterans Affairs.	1644

All the rules, orders, and determinations of the Governor's	1645
Office of Veterans Affairs continue in effect as rules, orders,	1646
and determinations of the Department of Veterans Services, until	1647
modified or rescinded by the Department of Veterans Services. If	1648
necessary to ensure the integrity of the numbering of the	1649
Administrative Code, the Director of the Legislative Service	1650
Commission shall renumber the rules of the Governor's Office of	1651
Veterans Affairs to reflect their transfer to the Department of	1652
Veterans Services.	1653

Subject to the layoff provisions of sections 124.321 to	1654
124.382 of the Revised Code, all employees of the Governor's	1655
Office of Veterans Affairs are transferred to the Department of	1656
Veterans Services and retain their positions and all benefits	1657
accruing thereto.	1658

The Director of Budget and Management shall determine the	1659
amount of unexpended balances in the appropriation accounts that	1660
pertain to the Governor's Office of Veterans Affairs and shall	1661
recommend to the Controlling Board their transfer to appropriation	1662
accounts that pertain to the Department of Veterans Services. The	1663
Director of the Governor's Office of Veterans Affairs shall	1664
provide full and timely information to the Controlling Board to	1665
facilitate the transfer.	1666

Whenever the Governor's Office of Veterans Affairs or the	1667
Director of the Governor's Office of Veterans Affairs is referred	1668
to in a statute, contract, or other instrument, the reference is	1669
deemed to refer to the Department of Veterans Services or to the	1670
Director of Veterans Services, whichever is appropriate in	1671
context.	1672

No pending action or proceeding being prosecuted or defended	1673
in court or before an agency by the Governor's Office of Veterans	1674
Affairs or the Director of the Governor's Office of Veterans	1675
Affairs is affected by the transfer and shall be prosecuted or	1676
defended in the name of Department of Veterans Services or the	1677
Director of Veterans Services, whichever is appropriate. Upon	1678
application to the court or agency, the Department of Veterans	1679
Services or the Director of Veterans Services shall be substituted	1680
as a party.	1681

Section 6. On the effective date of this section, the Ohio	1682
Veterans' Home Agency is abolished and its functions, and its	1683
assets and liabilities, are transferred to the Department of	1684
Veterans Services. The Department of Veterans Services is	1685
successor to, assumes the obligations and authority of, and	1686
otherwise continues the Ohio Veterans' Home Agency. No right,	1687
privilege, or remedy, and no duty, liability, or obligation,	1688
accrued under the Ohio Veterans' Home Agency is impaired or lost	1689
by reason of the transfer and shall be recognized, administered,	1690
performed, or enforced by the Department of Veterans Services.	1691

Business commenced but not completed by the Ohio Veterans'	1692
Home Agency or its Board of Trustees shall be completed by the	1693
Department of Veterans Services or the Director of Veterans	1694
Services in the same manner, and with the same effect, as if	1695
completed by the Ohio Veterans' Home Agency or its Board of	1696
Trustees.	1697

All the rules, orders, and determinations of the Ohio	1698
Veterans' Home Agency or its Board of Trustees continue in effect	1699
as rules, orders, and determinations of the Department of Veterans	1700
Services, until modified or rescinded by the Department of	1701
Veterans Services. If necessary to ensure the integrity of the	1702
numbering of the Administrative Code, the Director of the	1703
Legislative Service Commission shall renumber the rules of the	1704
Ohio Veterans' Home Agency or its Board of Trustees to reflect	1705
their transfer to the Department of Veterans Services.	1706

Subject to the layoff provisions of sections 124.321 to	1707
124.382 of the Revised Code, all employees of the Ohio Veterans'	1708
Home Agency are transferred to the Department of Veterans Services	1709
and retain their positions and all benefits accruing thereto.	1710

The Director of Budget and Management shall determine the	1711
amount of unexpended balances in the appropriation accounts that	1712
pertain to the Ohio Veterans' Home Agency and shall recommend to	1713
the Controlling Board their transfer to appropriation accounts	1714
that pertain to the Department of Veterans Services. The Board of	1715
Trustees of the Ohio Veterans' Home Agency shall provide full and	1716
timely information to the Controlling Board to facilitate the	1717
transfer.	1718

Whenever the Ohio Veterans' Home Agency or its Board of	1719
Trustees is referred to in a statute, contract, or other	1720
instrument, the reference is deemed to refer to the Department of	1721
Veterans Services or to the Director of Veterans Services,	1722
whichever is appropriate in context.	1723

No pending action or proceeding being prosecuted or defended	1724
in court or before an agency by the Ohio Veterans' Home Agency or	1725
its Board of Trustees is affected by the transfer and shall be	1726
prosecuted or defended in the name of the Department of Veterans	1727
Services or the Director of Veterans Services, whichever is	1728
appropriate. Upon application to the court or agency, the	1729
Department of Veterans Services or the Director of Veterans	1730
Services shall be substituted as a party.	1731