As Reported by the House State Government and Elections Committee

127th General Assembly Regular Session 2007-2008

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 

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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 and

8

5902.09, and to repeal sections 124.29, 5902.05,

9

and 5903.01 of the Revised Code to create a

10

Department of Veterans Services and a Director

11

of Veterans Services, to create duties for the

12

department and the director, to transfer the

13

duties of the Governor's Office of Veterans

14

Affairs to the department, to place the Ohio

15

Veterans' Home Agency and the Ohio War Orphans

16

Scholarship Board under the department, to

17

establish specified employment rights for private

18

sector employees in the uniformed services, to

19

permit certain aggrieved persons to file a claim

20

against the person's employer in a state court,

21

to require the clerk of the court to give the

22

action priority on the court's dockets, and to

23

prohibit the court from requiring a plaintiff to

24

pay court costs.

25

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

Section 1. That sections 121.02, 121.03, 2311.07, 2311.08,	26
2743.03, 3313.616, 3319.13, 4112.01, 5901.02, 5901.021, 5901.07,	27
5901.09, 5902.01, 5902.02, 5902.03, 5902.04, 5902.06, 5902.07,	28
5902.08, 5902.15, 5903.02, 5903.99, 5904.01, 5907.01, 5907.02,	29
5907.022, 5907.023, 5907.03, 5907.04, 5907.11, 5907.12, 5907.13,	30
5907.141, 5910.02, and 5923.05 be amended and that sections	31
2743.091 and 5902.09 of the Revised Code be enacted to read as	32
follows:	33

Sec. 121.02.  The following administrative departments and	34
their respective directors are hereby created:	35

(A) The office of budget and management, which shall be	36
administered by the director of budget and management;	37

(B) The department of commerce, which shall be administered	38
by the director of commerce;	39

(C) The department of administrative services, which shall be	40
administered by the director of administrative services;	41

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

(E) The department of agriculture, which shall be	44
administered by the director of agriculture;	45

(F) The department of natural resources, which shall be	46
administered by the director of natural resources;	47

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

(H) The department of job and family services, which shall be	50
administered by the director of job and family services;	51

(I) Until July 1, 1997, the department of liquor control,	52
which shall be administered by the director of liquor control;	53

(J) The department of public safety, which shall be	54
administered by the director of public safety;	55

(K) The department of mental health, which shall be	56
administered by the director of mental health;	57

(L) The department of mental retardation and developmental	58
disabilities, which shall be administered by the director of	59
mental retardation and developmental disabilities;	60

(M) The department of insurance, which shall be administered	61
by the superintendent of insurance as director thereof;	62

(N) The department of development, which shall be	63
administered by the director of development;	64

(O) The department of youth services, which shall be	65
administered by the director of youth services;	66

(P) The department of rehabilitation and correction, which	67
shall be administered by the director of rehabilitation and	68
correction;	69

(Q) The environmental protection agency, which shall be	70
administered by the director of environmental protection;	71

(R) The department of aging, which shall be administered by	72
the director of aging;	73

(S) The department of alcohol and drug addiction services,	74
which shall be administered by the director of alcohol and drug	75
addiction services;	76

(T) The department of veterans services, which shall be	77
administered by the director of veterans services.	78

The director of each department shall exercise the powers and	79
perform the duties vested by law in such department.	80

Sec. 121.03.  The following administrative department heads	81
shall be appointed by the governor, with the advice and consent of	82
the senate, and shall hold their offices during the term of the	83
appointing governor, and are subject to removal at the pleasure of	84
the governor.	85

(A) The director of budget and management;

86

(B) The director of commerce;

87

(C) The director of transportation;

88

(D) The director of agriculture;

89

(E) The director of job and family services;

90

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

91

(G) The director of public safety;

92

(H) The superintendent of insurance;

93

(I) The director of development;

94

(J) The tax commissioner;

95

(K) The director of administrative services;

96

(L) The director of natural resources;

97

(M) The director of mental health;

98

(N) The director of mental retardation and developmental	99
disabilities;	100

(O) The director of health;

101

(P) The director of youth services;

102

(Q) The director of rehabilitation and correction;

103

(R) The director of environmental protection;

104

(S) The director of aging;

105

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

106

(U) The administrator of workers' compensation who meets the	107
qualifications required under division (A) of section 4121.121 of	108
the Revised Code;	109

(V) The director of veterans services who meets the	110
qualifications required under section 5902.01 of the Revised Code.	111

Sec. 2311.07.  Cases in which there is an issue of fact or	112
damages to be assessed shall be tried in the order in which they	113
stand on the trial docket, unless by the consent of parties, or by	114
the order of the court, they are continued or placed at the end of	115
the docket, or for good cause shown are especially assigned for	116
trial or hearing out of their regular order. Actions for wages and	117
actions pursuant to section 5903.02 of the Revised Code shall be	118
first in order for trial.	119

Sec. 2311.08.  The court may assign for trial the cases	120
triable to a jury, in a series, in the order in which they stand	121
upon the docket, giving preference always to actions for wages,	122
actions pursuant to section 5903.02 of the Revised Code, and cases	123
not triable to a jury, in a series in like manner. All other cases	124
shall be heard in the order in which they stand upon the trial	125
docket, unless the court otherwise directs.	126

Sec. 2743.03.  (A)(1) There is hereby created a court of	127
claims. The court of claims is a court of record and has	128
exclusive, original jurisdiction of all civil actions against the	129
state permitted by the waiver of immunity contained in section	130
2743.02 of the Revised Code, exclusive jurisdiction of the causes	131
of action of all parties in civil actions that are removed to the	132
court of claims, and jurisdiction to hear appeals from the	133
decisions of the court of claims commissioners. The court shall	134
have full equity powers in all actions within its jurisdiction and	135
may entertain and determine all counterclaims, cross-claims, and	136
third-party claims.	137

(2) If the claimant in a civil action as described in	138
division (A)(1) of this section also files a claim for a	139
declaratory judgment, injunctive relief, or other equitable relief	140
against the state that arises out of the same circumstances that	141
gave rise to the civil action described in division (A)(1) of this	142
section, the court of claims has exclusive, original jurisdiction	143
to hear and determine that claim in that civil action. This	144
division does not affect, and shall not be construed as affecting,	145
the original jurisdiction of another court of this state to hear	146
and determine a civil action in which the sole relief that the	147
claimant seeks against the state is a declaratory judgment,	148
injunctive relief, or other equitable relief.	149

(3) In addition to its exclusive, original jurisdiction as	150
conferred by division (A)(1) and (2) of this section, the court of	151
claims has exclusive, original jurisdiction as described in	152
division (F) of section 2743.02 and, division (B) of section	153
3335.03, and division (C) of section 5903.02 of the Revised Code.	154

(B) The court of claims shall sit in Franklin county, its	155
hearings shall be public, and it shall consist of incumbent	156
justices or judges of the supreme court, courts of appeals, or	157
courts of common pleas, or retired justices or judges eligible for	158
active duty pursuant to division (C) of Section 6 of Article IV,	159
Ohio Constitution, sitting by temporary assignment of the chief	160
justice of the supreme court. The chief justice may direct the	161
court to sit in any county for cases on removal upon a showing of	162
substantial hardship and whenever justice dictates.	163

(C)(1) A civil action against the state shall be heard and	164
determined by a single judge. Upon application by the claimant or	165
the state, the chief justice of the supreme court may assign a	166
panel of three judges to hear and determine a civil action	167
presenting novel or complex issues of law or fact. Concurrence of	168
two members of the panel is necessary for any judgment or order.	169

(2) Whenever the chief justice of the supreme court believes	170
an equitable resolution of a case will be expedited, hethe chief	171
justice may appoint referees in accordance with Civil Rule 53 to	172
hear the case.	173

(3) When any dispute under division (B) of section 153.12 of	174
the Revised Code is brought to the court of claims, upon request	175
of either party to the dispute, the chief justice of the supreme	176
court shall appoint a single referee or a panel of three referees.	177
The referees need not be attorneys, but shall be persons	178
knowledgeable about construction contract law, a member of the	179
construction industry panel of the American arbitration	180
association, or an individual or individuals deemed qualified by	181
the chief justice to serve. No person shall serve as a referee if	182
that person has been employed by an affected state agency or a	183
contractor or subcontractor involved in the dispute at any time in	184
the preceding five years. Proceedings governing referees shall be	185
in accordance with Civil Rule 53, except as modified by this	186
division. The referee or panel of referees shall submit its	187
report, which shall include a recommendation and finding of fact,	188
to the judge assigned to the case by the chief justice, within	189
thirty days of the conclusion of the hearings. Referees appointed	190
pursuant to this division shall be compensated on a per diem basis	191
at the same rate as is paid to judges of the court and also shall	192
be paid their expenses. If a single referee is appointed or a	193
panel of three referees is appointed, then, with respect to one	194
referee of the panel, the compensation and expenses of the referee	195
shall not be taxed as part of the costs in the case but shall be	196
included in the budget of the court. If a panel of three referees	197
is appointed, the compensation and expenses of the two remaining	198
referees shall be taxed as costs of the case.	199

All costs of a case shall be apportioned among the parties.	200
The court may not require that any party deposit with the court	201
cash, bonds, or other security in excess of two hundred dollars to	202
guarantee payment of costs without the prior approval in each case	203
of the chief justice.	204

(4) An appeal from a decision of the court of claims	205
commissioners shall be heard and determined by one judge of the	206
court of claims.	207

(D) The Rules of Civil Procedure shall govern practice and	208
procedure in all actions in the court of claims, except insofar as	209
inconsistent with this chapter. The supreme court may promulgate	210
rules governing practice and procedure in actions in the court as	211
provided in Section 5 of Article IV, Ohio Constitution.	212

(E)(1) A party who files a counterclaim against the state or	213
makes the state a third-party defendant in an action commenced in	214
any court, other than the court of claims, shall file a petition	215
for removal in the court of claims. The petition shall state the	216
basis for removal, be accompanied by a copy of all process,	217
pleadings, and other papers served upon the petitioner, and shall	218
be signed in accordance with Civil Rule 11. A petition for removal	219
based on a counterclaim shall be filed within twenty-eight days	220
after service of the counterclaim of the petitioner. A petition	221
for removal based on third-party practice shall be filed within	222
twenty-eight days after the filing of the third-party complaint of	223
the petitioner.	224

(2) Within seven days after filing a petition for removal,	225
the petitioner shall give written notice to the parties, and shall	226
file a copy of the petition with the clerk of the court in which	227
the action was brought originally. The filing effects the removal	228
of the action to the court of claims, and the clerk of the court	229
where the action was brought shall forward all papers in the case	230
to the court of claims. The court of claims shall adjudicate all	231
civil actions removed. The court may remand a civil action to the	232
court in which it originated upon a finding that the removal	233
petition does not justify removal, or upon a finding that the	234
state is no longer a party.	235

(3) Bonds, undertakings, or security and injunctions,	236
attachments, sequestrations, or other orders issued prior to	237
removal remain in effect until dissolved or modified by the court	238
of claims.	239

Sec. 2743.091.  If a person brings an action in the court of	240
claims pursuant to section 5903.02 of the Revised Code or section	241
4323 of the "Uniformed Services Employment and Reemployment Rights	242
Act of 1994," 108 Stat. 3149, 38 U.S.C. 4301, et seq., the clerk	243
of the court of claims shall give the action priority on the court	244
of claims' dockets.	245

Sec. 3313.616.  (A) Notwithstanding the requirements of	246
sections 3313.61, 3313.611, and 3313.612 of the Revised Code, the	247
board of education of any city, exempted village, or local school	248
district or the governing authority of any chartered nonpublic	249
school may grant a high school diploma to any veteran of World War	250
II, the Korean conflict, or the Vietnam conflict who is a resident	251
of this state or who was previously enrolled in any high school in	252
this state if all of the following apply:	253

(1) The veteran either:

254

(a) Left a public or nonpublic school located in any state	255
prior to graduation in order to serve in the armed forces of the	256
United States;	257

(b) Left a public or nonpublic school located in any state	258
prior to graduation due to family circumstances and subsequently	259
entered the armed forces of the United States.	260

(2) The veteran received an honorable discharge from the	261
armed forces of the United States.	262

(3) The veteran has not been granted a diploma as provided in	263
section 3313.61 or 3313.612 of the Revised Code, a diploma of	264
adult education as provided in section 3313.611 of the Revised	265
Code, or a diploma under this section.	266

(B) Notwithstanding the requirements of sections 3313.61,	267
3313.611, and 3313.612 of the Revised Code, the board of education	268
of any city, exempted village, or local school district or the	269
governing authority of any chartered nonpublic school may grant a	270
high school diploma to any woman who left high school during World	271
War II, the Korean conflict, or the Vietnam conflict and who is a	272
resident of this state or was previously enrolled in any high	273
school in this state, if both of the following apply:	274

(1) The woman either:

275

(a) Left a public or nonpublic school located in any state	276
prior to graduation in order to join the workforce to support her	277
family or to join the war effort;	278

(b) Left a public or nonpublic school located in any state	279
prior to graduation due to family circumstances and subsequently	280
joined the workforce or war effort.	281

(2) The woman has not been granted a diploma as provided in	282
section 3313.61 or 3313.612 of the Revised Code, a diploma of	283
adult education as provided in section 3313.611 of the Revised	284
Code, or a diploma under this section.	285

(C) If a person who would otherwise qualify for a diploma	286
under this section is deceased, the board of education of any	287
school district or the governing authority of any chartered	288
nonpublic school may award such diploma to the person posthumously	289
and may present that diploma to a living relative of the person.	290

(D) The governor's officedepartment of veterans' affairs	291
veterans services, in accordance with section 111.15 of the	292
Revised Code, and with the advice and consent of the veterans	293
advisory committee established under division (K) of section	294
5902.02 of the Revised Code, shall develop and adopt rules to	295
implement this section. Such rules shall include, but not be	296
limited to, rules establishing procedures for application and	297
verification of eligible persons for a diploma under this	298
section.	299

Sec. 3319.13.  Upon the written request of a teacher or a	300
regular nonteaching school employee, a board of education may	301
grant a leave of absence for a period of not more than two	302
consecutive school years for educational, professional, or other	303
purposes, and shall grant such leave where illness or other	304
disability is the reason for the request. Upon subsequent request,	305
such leave may be renewed by the board. Without request, a board	306
may grant similar leave of absence and renewals thereof to any	307
teacher or regular nonteaching school employee because of physical	308
or mental disability, but such teacher may have a hearing on such	309
unrequested leave of absence or its renewals in accordance with	310
section 3319.16 of the Revised Code, and such nonteaching school	311
employee may have a hearing on such unrequested leave of absence	312
or its renewals in accordance with division (C) of section	313
3319.081 of the Revised Code. Upon the return to service of a	314
teacher or a nonteaching school employee at the expiration of a	315
leave of absence, the teacher or nonteaching school employee shall	316
resume the contract status that the teacher or nonteaching school	317
employee held prior to the leave of absence. Any teacher who	318
leaves a teaching position for service in the uniformed services	319
and who returns from service in the uniformed services that is	320
terminated in a manner other than as described in section 4304 of	321
Title 38 of the United States Code, "Uniformed Services Employment	322
and Reemployment Rights Act of 1994," 108 Stat. 3149, 38 U.S.C.A.	323
4304, shall resume the contract status held prior to entering the	324
uniformed services, subject to passing a physical examination by	325
an individual authorized by the Revised Code to conduct physical	326
examinations, including a physician assistant, a clinical nurse	327
specialist, a certified nurse practitioner, or a certified	328
nurse-midwife. Any written documentation of the physical	329
examination shall be completed by the individual who conducted the	330
examination. Such contract status shall be resumed at the first of	331
the school semester or the beginning of the school year following	332
return from the uniformed services. For purposes of this section	333
and section 3319.14 of the Revised Code, "uniformed services" and	334
"service in the uniformed services" have the same meanings as	335
defined in section 5903.015923.05 of the Revised Code.	336

Upon the return of a nonteaching school employee from a leave	337
of absence, the board may terminate the employment of a person	338
hired exclusively for the purpose of replacing the returning	339
employee while the returning employee was on leave. If, after the	340
return of a nonteaching employee from leave, the person employed	341
exclusively for the purpose of replacing an employee while the	342
employee was on leave is continued in employment as a regular	343
nonteaching school employee or if the person is hired by the board	344
as a regular nonteaching school employee within a year after	345
employment as a replacement is terminated, the person shall, for	346
purposes of section 3319.081 of the Revised Code, receive credit	347
for the person's length of service with the school district during	348
such replacement period in the following manner:	349

(A) If employed as a replacement for less than twelve months,	350
the person shall be employed under a contract valid for a period	351
equal to twelve months less the number of months employed as a	352
replacement. At the end of such contract period, if the person is	353
reemployed it shall be under a two-year contract. Subsequent	354
reemployment shall be pursuant to division (B) of section 3319.081	355
of the Revised Code.	356

(B) If employed as a replacement for twelve months or more	357
but less than twenty-four months, the person shall be employed	358
under a contract valid for a period equal to twenty-four months	359
less the number of months employed as a replacement. Subsequent	360
reemployment shall be pursuant to division (B) of section 3319.081	361
of the Revised Code.	362

(C) If employed as a replacement for more than twenty-four	363
months, the person shall be employed pursuant to division (B) of	364
section 3319.081 of the Revised Code.	365

For purposes of this section, employment during any part of a	366
month shall count as employment during the entire month.	367

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

368

(1) "Person" includes one or more individuals, partnerships,	369
associations, organizations, corporations, legal representatives,	370
trustees, trustees in bankruptcy, receivers, and other organized	371
groups of persons. "Person" also includes, but is not limited to,	372
any owner, lessor, assignor, builder, manager, broker,	373
salesperson, appraiser, agent, employee, lending institution, and	374
the state and all political subdivisions, authorities, agencies,	375
boards, and commissions of the state.	376

(2) "Employer" includes the state, any political subdivision	377
of the state, any person employing four or more persons within the	378
state, and any person acting directly or indirectly in the	379
interest of an employer.	380

(3) "Employee" means an individual employed by any employer	381
but does not include any individual employed in the domestic	382
service of any person.	383

(4) "Labor organization" includes any organization that	384
exists, in whole or in part, for the purpose of collective	385
bargaining or of dealing with employers concerning grievances,	386
terms or conditions of employment, or other mutual aid or	387
protection in relation to employment.	388

(5) "Employment agency" includes any person regularly	389
undertaking, with or without compensation, to procure	390
opportunities to work or to procure, recruit, refer, or place	391
employees.	392

(6) "Commission" means the Ohio civil rights commission	393
created by section 4112.03 of the Revised Code.	394

(7) "Discriminate" includes segregate or separate.

395

(8) "Unlawful discriminatory practice" means any act	396
prohibited by section 4112.02, 4112.021, or 4112.022 of the	397
Revised Code.	398

(9) "Place of public accommodation" means any inn,	399
restaurant, eating house, barbershop, public conveyance by air,	400
land, or water, theater, store, other place for the sale of	401
merchandise, or any other place of public accommodation or	402
amusement of which the accommodations, advantages, facilities, or	403
privileges are available to the public.	404

(10) "Housing accommodations" includes any building or	405
structure, or portion of a building or structure, that is used or	406
occupied or is intended, arranged, or designed to be used or	407
occupied as the home residence, dwelling, dwelling unit, or	408
sleeping place of one or more individuals, groups, or families	409
whether or not living independently of each other; and any vacant	410
land offered for sale or lease. "Housing accommodations" also	411
includes any housing accommodations held or offered for sale or	412
rent by a real estate broker, salesperson, or agent, by any other	413
person pursuant to authorization of the owner, by the owner, or by	414
the owner's legal representative.	415

(11) "Restrictive covenant" means any specification limiting	416
the transfer, rental, lease, or other use of any housing	417
accommodations because of race, color, religion, sex, military	418
status, familial status, national origin, disability, or ancestry,	419
or any limitation based upon affiliation with or approval by any	420
person, directly or indirectly, employing race, color, religion,	421
sex, military status, familial status, national origin,	422
disability, or ancestry as a condition of affiliation or approval.	423

(12) "Burial lot" means any lot for the burial of deceased	424
persons within any public burial ground or cemetery, including,	425
but not limited to, cemeteries owned and operated by municipal	426
corporations, townships, or companies or associations incorporated	427
for cemetery purposes.	428

(13) "Disability" means a physical or mental impairment that	429
substantially limits one or more major life activities, including	430
the functions of caring for one's self, performing manual tasks,	431
walking, seeing, hearing, speaking, breathing, learning, and	432
working; a record of a physical or mental impairment; or being	433
regarded as having a physical or mental impairment.	434

(14) Except as otherwise provided in section 4112.021 of the	435
Revised Code, "age" means at least forty years old.	436

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

437

(a) One or more individuals who are under eighteen years of	438
age and who are domiciled with a parent or guardian having legal	439
custody of the individual or domiciled, with the written	440
permission of the parent or guardian having legal custody, with a	441
designee of the parent or guardian;	442

(b) Any person who is pregnant or in the process of securing	443
legal custody of any individual who is under eighteen years of	444
age.	445

(16)(a) Except as provided in division (A)(16)(b) of this	446
section, "physical or mental impairment" includes any of the	447
following:	448

(i) Any physiological disorder or condition, cosmetic	449
disfigurement, or anatomical loss affecting one or more of the	450
following body systems: neurological; musculoskeletal; special	451
sense organs; respiratory, including speech organs;	452
cardiovascular; reproductive; digestive; genito-urinary; hemic and	453
lymphatic; skin; and endocrine;	454

(ii) Any mental or psychological disorder, including, but not	455
limited to, mental retardation, organic brain syndrome, emotional	456
or mental illness, and specific learning disabilities;	457

(iii) Diseases and conditions, including, but not limited to,	458
orthopedic, visual, speech, and hearing impairments, cerebral	459
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	460
cancer, heart disease, diabetes, human immunodeficiency virus	461
infection, mental retardation, emotional illness, drug addiction,	462
and alcoholism.	463

(b) "Physical or mental impairment" does not include any of	464
the following:	465

(i) Homosexuality and bisexuality;

466

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	467
voyeurism, gender identity disorders not resulting from physical	468
impairments, or other sexual behavior disorders;	469

(iii) Compulsive gambling, kleptomania, or pyromania;

470

(iv) Psychoactive substance use disorders resulting from the	471
current illegal use of a controlled substance or the current use	472
of alcoholic beverages.	473

(17) "Dwelling unit" means a single unit of residence for a	474
family of one or more persons.	475

(18) "Common use areas" means rooms, spaces, or elements	476
inside or outside a building that are made available for the use	477
of residents of the building or their guests, and includes, but is	478
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	479
rooms, mail rooms, recreational areas, and passageways among and	480
between buildings.	481

(19) "Public use areas" means interior or exterior rooms or	482
spaces of a privately or publicly owned building that are made	483
available to the general public.	484

(20) "Controlled substance" has the same meaning as in	485
section 3719.01 of the Revised Code.	486

(21) "Disabled tenant" means a tenant or prospective tenant	487
who is a person with a disability.	488

(22) "Military status" means a person's status in "service in	489
the uniformed services" as defined in section 5903.015923.05 of	490
the Revised Code.	491

(B) For the purposes of divisions (A) to (F) of section	492
4112.02 of the Revised Code, the terms "because of sex" and "on	493
the basis of sex" include, but are not limited to, because of or	494
on the basis of pregnancy, any illness arising out of and	495
occurring during the course of a pregnancy, childbirth, or related	496
medical conditions. Women affected by pregnancy, childbirth, or	497
related medical conditions shall be treated the same for all	498
employment-related purposes, including receipt of benefits under	499
fringe benefit programs, as other persons not so affected but	500
similar in their ability or inability to work, and nothing in	501
division (B) of section 4111.17 of the Revised Code shall be	502
interpreted to permit otherwise. This division shall not be	503
construed to require an employer to pay for health insurance	504
benefits for abortion, except where the life of the mother would	505
be endangered if the fetus were carried to term or except where	506
medical complications have arisen from the abortion, provided that	507
nothing in this division precludes an employer from providing	508
abortion benefits or otherwise affects bargaining agreements in	509
regard to abortion.	510

Sec. 5901.02.  In each county there shall be a commission	511
known as "the veterans service commission." Except as provided in	512
section 5901.021 of the Revised Code, the commission shall be	513
composed of five residents of the county appointed to five-year	514
terms by a judge of the court of common pleas. At the time of	515
appointment or reappointment to the commission, no commission	516
member appointed under this section shall be an employee of the	517
commission or hold an elective or other appointive office of the	518
county served by the commission.	519

Each member of the commission appointed under this section	520
shall be an honorably discharged or honorably separated veteran.	521
Within sixty days after the date of appointment, each such member	522
shall file the member's form DD214 with the governor's office	523
department of veterans affairsservices in accordance with	524
guidelines established by the director of that office	525
department. Such appointments shall be made from lists of	526
recommended persons, in the manner specified in the following	527
paragraph. One person shall be a representative recommended by	528
the American Legion; one person shall be a representative	529
recommended by the Veterans of Foreign Wars; one person shall be	530
a representative recommended by the Disabled American Veterans;	531
one person shall be a representative recommended by the AMVETS;	532
and one person shall be a representative recommended by the	533
Military Order of the Purple Heart of the U.S.A., the Vietnam	534
Veterans of America, or the Korean War Veterans Association. If	535
any such organization has no post or chapter located in the	536
county, the appointment shall be made from lists of recommended	537
persons submitted by posts or chapters of any other	538
congressionally chartered veterans organizations located in the	539
county. If no such other organizations have posts or chapters	540
located in the county, the judge responsible for making	541
appointments under this section may appoint any qualified veteran	542
to represent the veteran community.	543

On or before the fifteenth day of October of each year, the	544
appointing judge shall notify each post or chapter of each	545
organization within the county from which the member may or must	546
be appointed that it may submit a list containing three	547
recommendations of persons who are eligible for appointment. If	548
the judge does not receive any recommendations within sixty days	549
after providing the required notification, the judge may appoint	550
any qualified veteran to represent the veteran community. The	551
judge shall make the appointment on or before the fifteenth day of	552
January of each year. Any vacancy in a membership appointed under	553
this section shall be filled in the same manner as the original	554
appointments.	555

Beginning in the year 2000, appointment of members to the	556
commission under this section shall be made as follows:	557

(A) Appointments for members to represent the American Legion	558
shall be made for terms to commence in years ending in zero and	559
five.	560

(B) Appointments for members to represent the Veterans of	561
Foreign Wars shall be made for terms to commence in years ending	562
in one and six.	563

(C) Appointments for members to represent the Disabled	564
American Veterans shall be made for terms to commence in years	565
ending in two and seven.	566

(D) Appointments for members to represent the AMVETS shall be	567
made for terms to commence in years ending in three and eight.	568

(E) Appointments for members to represent the Military Order	569
of the Purple Heart of the U.S.A., the Vietnam Veterans of	570
America, or the Korean War Veterans Association shall be made for	571
terms to commence in years ending in four and nine.	572

The terms immediately preceding the initial appointments made	573
under divisions (A) to (E) of this section may be for periods of	574
less than five years.	575

The appointing authority shall remove a member who fails to	576
maintain certification or whose certification is revoked by the	577
director of veterans services.	578

Sec. 5901.021. (A) This section applies only to counties	579
having a population, according to the most recent decennial	580
census, of more than five hundred thousand.	581

(B)(1) In any county that is described in division (A) of	582
this section and in which the veterans service commission submits	583
a budget request under section 5901.11 of the Revised Code for the	584
ensuing fiscal year that exceeds twenty-five-thousandths of one	585
per cent of the assessed value of property in the county or the	586
amount appropriated to the commission from the county general fund	587
in the current fiscal year by more than ten per cent of that	588
appropriation, the board of county commissioners, by resolution,	589
may create not more than six memberships on the veterans service	590
commission in addition to the memberships provided for by section	591
5901.02 of the Revised Code. The board shall prescribe the number	592
of years the additional memberships shall exist, which shall not	593
exceed five years. Once a board of county commissioners creates	594
any additional memberships, it may not create further additional	595
memberships under this section if the total number of such	596
memberships would exceed six. The board shall appoint persons who	597
are residents of the county and who are honorably discharged or	598
honorably separated veterans to each of the additional	599
memberships, for terms prescribed by the board and commencing on a	600
date fixed by the board. Each person appointed to an additional	601
membership shall file, within sixty days after the date of the	602
appointment, the person's form DD214 with the governor's office	603
department of veterans affairsservices in accordance with	604
guidelines established by the director of that office	605
department.	606

(2) If the board of county commissioners appoints additional	607
members as described in division (B)(1) of this section, the board	608
may permit the commission to submit an original or revised budget	609
request for the ensuing fiscal year later than the last Monday in	610
May, as otherwise required under section 5901.11 of the Revised	611
Code.	612

(C) The board of county commissioners may remove, for cause,	613
any member appointed under this section. The board shall determine	614
whether the additional members may be reappointed upon the	615
expiration of their terms, and shall fill any vacancy in an	616
additional membership for the unexpired term in the manner	617
provided for the original appointment.	618

Sec. 5901.07.  The veterans service commission shall employ	619
one or more county veterans service officers, one of whom may act	620
as executive director. Each service officer shall be a veteran.	621
Within sixty days after the date of initial employment, each	622
service officer shall file a copy of the officer's form DD214 with	623
the governor's officedepartment of veterans affairsservices in	624
accordance with guidelines established by the director of that	625
officedepartment. Each service officer shall be employed in the	626
classified service and is exempt from civil service examination.	627
The commission may remove a veterans service officer who fails to	628
maintain accreditation or whose certification is revoked by the	629
director of veterans services. The service officers shall advise	630
and assist present and former members of the armed forces of the	631
United States, veterans, and their spouses, surviving spouses,	632
children, parents, and dependents in presenting claims or	633
obtaining rights or benefits under any law of the United States	634
or of this state.	635

The commission shall employ each service officer on a part-	636
or full-time basis and fix the officer's compensation. No county	637
commissioner or member of the veterans service commission shall be	638
employed as a service officer.	639

The commission shall employ the necessary clerks,	640
stenographers, and other personnel to assist the service officers	641
in the performance of duties and shall fix their compensation.	642
Each of these employees shall be a veteran or, if a qualified	643
veteran is not available, the spouse, surviving spouse, child, or	644
parent of a veteran. Each of these employees shall be employed in	645
the classified service and is exempt from civil service	646
examination.	647

The board of county commissioners, upon the recommendation or	648
approval of the veterans service commission, may provide suitable	649
office space, supplies, and office and incidental expenses for	650
each service officer. The compensation of each service officer and	651
of any employee and any expenses incurred under this section shall	652
be paid out of funds appropriated to the commission, as provided	653
in section 5901.11 of the Revised Code.	654

Sec. 5901.09.  (A) Each applicant for financial assistance	655
under sections 5901.01 to 5901.15 of the Revised Code shall	656
provide the veterans service commission with a statement	657
concerning the applicant's household income and the amount of real	658
and personal taxable property, stocks, bonds, moneys on hand	659
loaned or deposited in any bank or elsewhere, shares in building	660
associations, mortgages, notes, or other articles of value from	661
which the applicant derives an income or revenue. The statement	662
shall be made upon blanks furnished by the commission and shall be	663
subscribed by the applicant.	664

Statements provided under this division shall not include	665
medical records and, pursuant to division (B) of this section, are	666
not public records under section 149.43 of the Revised Code.	667
Veterans service commissions may compile statistical data from the	668
statements in a manner to be prescribed by the governor's office	669
department of veterans affairsservices. These data shall be	670
considered a matter of public record.	671

(B) The following are not public records under section 149.43	672
of the Revised Code:	673

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

674

(2) Any application for financial assistance under sections	675
5901.01 to 5901.15 of the Revised Code;	676

(3) Any documents that accompany and pertain to a statement	677
described in division (A) of this section or an application	678
described in division (B)(2) of this section;	679

(4) Any other documents that are used by or are in the	680
possession of a veterans service commission that may affect the	681
determination of the eligibility of an applicant for financial	682
assistance under sections 5901.01 to 5901.15 of the Revised Code	683
or that may affect the determination of an increase, decrease, or	684
discontinuance of an allowance under section 5901.14 of the	685
Revised Code, if those documents are required to be kept	686
confidential under any statute of this state or the United States;	687

(5) Any applications to obtain benefits under any law of the	688
United States or of this state, and any documents accompanying	689
those applications, in the possession of a veterans service	690
commission and filed by persons in the armed forces of the United	691
States, veterans, or the spouses, surviving spouses, children,	692
parents, or dependents of veterans.	693

(C) Interviews of applicants for financial assistance under	694
sections 5901.01 to 5901.15 of the Revised Code, discussions of	695
the applications, statements, and other documents described in	696
division (B) of this section, and reviews of matters relating to	697
applicants' requests for financial assistance under sections	698
5901.01 to 5901.15 of the Revised Code shall be kept confidential.	699
In accordance with division (J) of section 121.22 of the Revised	700
Code, a veterans service commission shall conduct a meeting of the	701
commission or a portion of a meeting of the commission to	702
interview an applicant for financial assistance under sections	703
5901.01 to 5901.15 of the Revised Code, to discuss an application,	704
statement, or other document described in division (B) of this	705
section, or to review matters relating to an applicant's request	706
for financial assistance under sections 5901.01 to 5901.15 of the	707
Revised Code in an executive session.	708

(D) Except as otherwise provided in division (E) of this	709
section or division (B) of section 5902.04 of the Revised Code, a	710
veterans service commission shall ensure that the applications,	711
statements, and other documents described in division (B) of this	712
section are not used for any purpose other than to determine the	713
eligibility of the applicant for financial assistance under	714
sections 5901.01 to 5901.15 of the Revised Code or to determine	715
whether to increase, decrease, or discontinue an allowance under	716
section 5901.14 of the Revised Code.	717

(E)(1) An applicant for, or a recipient or former recipient	718
of, financial assistance under sections 5901.01 to 5901.15 of the	719
Revised Code may consent to the release by a veterans service	720
commission of any information in an application, statement, or	721
other document described in division (B) of this section that	722
pertains to the applicant, recipient, or former recipient by	723
completing and signing a release of information form. The form	724
shall be prescribed by the governor's officedepartment of	725
veterans affairsservices. An applicant for, or a recipient or	726
former recipient of, financial assistance shall sign a separate	727
release of information form each time the applicant, recipient,	728
or former recipient consents to the release of any specific	729
information in the application, statement, or other document	730
involved. A copy of each signed release of information form shall	731
be kept in the file of the applicant, recipient, or former	732
recipient kept by the commission. The release of information	733
form shall specify the following items:	734

(a) The individual, agency, or organization requesting the	735
information;	736

(b) The specific information requested;

737

(c) The intended use of the information requested;

738

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

739

(e) The signature of the person who consents to the release	740
of the information.	741

(2) A law enforcement officer may obtain an application,	742
statement, or document as described in division (B) of this	743
section pursuant to an investigation by a law enforcement	744
authority, upon the issuance of a court order established upon	745
reasonable grounds that the information contained in the	746
applicatonapplication, statement, or document is relevant to a	747
suspected violation of law.	748

(3)(a) A party to a matter pending before a court may obtain	749
an application, statement, or document as described in division	750
(B) of this section, if upon application to a court of competent	751
jurisdiction, the party proves all of the following:	752

(i) The information contained in the application, statement,	753
or document is relevant and material to the matter before the	754
court.	755

(ii) Disclosure of the application, statement, or document	756
serves the interests of justice, because the need of the party	757
requesting the information within the application, statement, or	758
document outweighs the privacy interest of the applicant,	759
recipient, or former recipient of financial assistance under	760
sections 5901.01 to 5901.15 of the Revised Code.	761

(iii) No other reasonable mean exists to obtain the	762
information contained in the application, statement, or document.	763

(b) If the party to a matter pending before a court proves	764
all of the elements in division (E)(3)(a) of this section, the	765
court may order the disclosure of an application, statement, or	766
document described in division (B) of this section. For purposes	767
of this division the court shall do all of the following:	768

(i) Indicate the specific application, statement, or document	769
to be disclosed;	770

(ii) Indicate the purpose for the disclosure of the	771
application, statement, or docmentdocument;	772

(iii) Indicate the person to whom the application, statement,	773
or document will be disclosed.	774

Sec. 5902.01. There is hereby established within the office	775
of the governor the governor's office of veterans affairs. The	776
governor shall appoint, with the advice and consent of the senate,	777
a chief executive assistant, whoThe person appointed to the	778
position of director of veterans services shall be an honorably	779
discharged or honorably separated veteran of the United States	780
armed forces, to be known as director of the governor's office of	781
veterans affairs. The governor's officedepartment of veterans	782
affairsservices shall employ such other administrative and	783
technical personnel as are necessary to perform the general and	784
specific duties of the officedepartment. The administrative	785
assistants and technical personnel shall be honorably discharged	786
or honorably separated veterans of the United States armed	787
forces, and shall be employed in the classified service and not	788
be considered employees of the governor's office for purposes of	789
division (A)(16) of section 124.11 or division (B)(2) of section	790
124.14 of the Revised Code. Each individual employed in the	791
clerical staff shall be an honorably discharged or honorably	792
separated veteran or, if a qualified veteran is not available,	793
the spouse, surviving spouse, child, or parent of an honorably	794
discharged or honorably separated veteran, and shall be employed	795
in the classified service and not be considered an employee of	796
the governor's office for purposes of division (A)(16) of section	797
124.11 of the Revised Code.For positions within the department,	798
the director shall adopt rules under Chapter 119. of the Revised	799
Code establishing a program, which the director shall implement,	800
giving hiring preferences to veterans.	801

Sec. 5902.02.  The duties of the director of the governor's	802
office of veterans affairsservices shall include the following:	803

(A) Furnishing the veterans service commissions of all	804
counties of the state copies of the state laws, rules, and	805
legislation relating to the operation of the commissions and their	806
offices;	807

(B) Upon application, assisting the general public in	808
obtaining records of vital statistics pertaining to veterans or	809
their dependents;	810

(C) Adopting rules pursuant to Chapter 119. of the Revised	811
Code pertaining to minimum qualifications for hiring, certifying,	812
and accrediting county veterans service officers and, pertaining	813
to their required duties, and pertaining to revocation of the	814
certification of county veterans service officers;	815

(D) Adopting rules pursuant to Chapter 119. of the Revised	816
Code for the education, training, certification, and duties of	817
veterans service commissioners and for the revocation of the	818
certification of a veterans service commissioner;	819

(E) Developing and monitoring programs and agreements	820
enhancing employment and training for veterans in single or	821
multiple county areas;	822

(F) Developing and monitoring programs and agreements to	823
enable county veterans service commissions to address	824
homelessness, indigency, and other veteran-related issues	825
individually or jointly;	826

(G) Developing and monitoring programs and agreements to	827
enable state agencies, individually or jointly, that provide	828
services to veterans, including the veterans' homes operated under	829
Chapter 5907. of the Revised Code and the director of job and	830
family services, to address homelessness, indigency, employment,	831
and other veteran-related issues;	832

(H) Establishing and providing statistical reporting formats	833
and procedures for county veterans service commissions;	834

(I) Publishing annually, promulgating change notices for, and	835
distributing a listing of county veterans service officers, county	836
veterans service commissioners, state directors of veterans	837
affairs, and national and state service officers of accredited	838
veterans organizations and their state headquarters. The listing	839
shall include the expiration dates of commission members' terms of	840
office and the organizations they represent; the names, addresses,	841
and telephone numbers of county veterans service officers and	842
state directors of veterans affairs; and the addresses and	843
telephone numbers of the Ohio offices and headquarters of state	844
and national veterans service organizations.	845

(J) Publishing, by the first day of April of each	846
odd-numbered year, a directory of the laws of this state dealing	847
with veterans, as enacted through the conclusion of the previous	848
session of the general assembly, and distributing the publication	849
to each county veterans service office and the state headquarters	850
of each congressionally chartered veterans organization in the	851
state;	852

(K) Establishing a veterans advisory committee to advise and	853
assist the governor's officedepartment of veterans affairs	854
services in its duties. Members shall include a state	855
representative of congressionally chartered veterans	856
organizations referred to in section 5901.02 of the Revised	857
Code, a representative of any other congressionally chartered	858
state veterans organization that has at least one veterans	859
service commissioner in the state, three representatives of the	860
Ohio state association of county veterans service commissioners,	861
who shall have a combined vote of one, three representatives of	862
the state association of county veterans service officers, who	863
shall have a combined vote of one, one representative of the	864
county commissioners association of Ohio, who shall be a county	865
commissioner not from the same county as any of the other county	866
representatives, a representative of the advisory committee on	867
women veterans, a representative of a labor organization, and a	868
representative of the office of the attorney general. The	869
governor's officedepartment of veterans affairsservices shall	870
submit to the advisory committee proposed rules for the	871
committee's operation. The committee may review and revise these	872
proposed rules prior to submitting them to the joint committee	873
on agency rule review.	874

(L) Adopting, with the advice and assistance of the veterans	875
advisory committee, policy and procedural guidelines that the	876
veterans service commissions shall adhere to in the development	877
and implementation of rules, policies, procedures, and guidelines	878
for the administration of Chapter 5901. of the Revised Code. The	879
governor's officedepartment of veterans affairsservices shall	880
adopt no guidelines or rules regulating the purposes, scope,	881
duration, or amounts of financial assistance provided to	882
applicants pursuant to sections 5901.01 to 5901.15 of the	883
Revised Code. The director of the governor's office of veterans	884
affairsservices may obtain opinions from the office of the	885
attorney general regarding rules, policies, procedures, and	886
guidelines of the veterans service commissions and may enforce	887
compliance with Chapter 5901. of the Revised Code.	888

(M) Receiving copies of form DD214 filed in accordance with	889
the director's guidelines adopted under division (L) of this	890
section from members of veterans service commissions appointed	891
under section 5901.02 and from county veterans service officers	892
employed under section 5901.07 of the Revised Code;	893

(N) Developing and maintaining and improving a resource, such	894
as a telephone answering point or a web site, by means of which	895
veterans and their dependents, through a single portal, can access	896
multiple sources of information and interaction with regard to the	897
rights of, and the benefits available to, veterans and their	898
dependents. The director of veterans services may enter into	899
agreements with state and federal agencies, with agencies of	900
political subdivisions, with state and local instrumentalities,	901
and with private entities as necessary to make the resource as	902
complete as is possible.	903

(O) Planning, organizing, advertising, and conducting	904
outreach efforts, such as conferences and fairs, at which veterans	905
and their dependents may meet, learn about the organization and	906
operation of the department of veterans services and of veterans	907
service commissions, and obtain information about the rights of,	908
and the benefits and services available to, veterans and their	909
dependents;	910

(P) Advertising, in print, on radio and television, and	911
otherwise, the rights of, and the benefits and services available	912
to, veterans and their dependents;	913

(Q) Developing and advocating improved benefits and services	914
for, and improved delivery of benefits and services to, veterans	915
and their dependents;	916

(R) Searching for, identifying, and reviewing statutory and	917
administrative policies that relate to veterans and their	918
dependents and reporting to the general assembly statutory and	919
administrative policies that should be consolidated in whole or in	920
part within the organization of the department of veterans	921
services to unify funding, delivery, and accounting of statutory	922
and administrative policy expressions that relate particularly	923
to veterans and their dependents;	924

(S) Encouraging veterans service commissions to innovate and	925
otherwise to improve efficiency in delivering benefits and	926
services to veterans and their dependents and to report successful	927
innovations and efficiencies to the director of veterans services;	928

(T) Publishing and encouraging adoption of successful	929
innovations and efficiencies veterans service commissions have	930
achieved in delivering benefits and services to veterans and their	931
dependents;	932

(U) Establishing advisory committees, in addition to the	933
veterans advisory committee established under division (K) of this	934
section, on veterans issues;	935

(V) Developing and maintaining a relationship with the	936
United States department of veterans affairs, seeking optimal	937
federal benefits and services for Ohio veterans and their	938
dependents, and encouraging veterans service commissions to	939
maximize the federal benefits and services to which veterans and	940
their dependents are entitled;	941

(W) Developing and maintaining relationships with the	942
several veterans organizations, encouraging the organizations in	943
their efforts at assisting veterans and their dependents, and	944
advocating for adequate state subsidization of the organizations;	945

(X) Requiring the several veterans organizations that receive	946
funding from the state annually to report to the director of	947
veterans services and prescribing the form and content of the	948
report;	949

(Y) Investigating complaints against county veterans services	950
commissioners and county veterans service officers if the director	951
reasonably believes the investigation to be appropriate and	952
necessary;	953

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

954

Sec. 5902.03.  The director of the governor's office of	955
veterans affairsservices may microfilm or otherwise duplicate all	956
or any part of copies of original certificates of discharge and	957
separation submitted by Ohio veterans in conjunction with their	958
applications for Ohio war bonuses.	959

The director may prepare and maintain files of such	960
microfilmed certificates of discharge and separation in such	961
manner that they may readily be available for the use of the	962
governor's officedepartment of veterans affairsservices,	963
authorized veterans service officers of the several	964
congressionally chartered veterans organizations, and county	965
veterans service officers of the several counties of the state	966
in support of applications for compensation, pension, medical,	967
or domiciliary care, or other state and federal benefits	968
provided for eligible veterans or their dependents or survivors.	969

The director may make copies of such microfilmed certificates	970
of discharge and separation for storage under secure conditions to	971
assure their preservation, and for supply to qualified veterans or	972
their dependents or survivors or to interested and authorized	973
veterans organizations to aid such organizations in their programs	974
of veterans aid and assistance.	975

Sec. 5902.04.  (A) Upon application, the director of the	976
governor's office of veterans affairsservices shall furnish	977
necessary instructions and advice to the veterans of the state,	978
their heirs, or their legal representatives, respecting their	979
claims against the United States or the state for pensions,	980
bounty, bonus, back pay, or otherwise, by reason of military	981
service, and perform other duties that the governor requires.	982

(B) The director or the director's representative may examine	983
the files of any veterans service commission that pertain to	984
either of the following classes of persons to determine the	985
custody, use, or confidentiality of any documents in those files:	986

(1) Applicants for, or recipients or former recipients of,	987
financial assistance under sections 5901.01 to 5901.15 of the	988
Revised Code;	989

(2) Applicants for federal, state, or county benefits under	990
those sections.	991

(C)(1) No information or documents obtained by examinations	992
conducted under division (B) of this section shall be considered	993
part of the public records of the governor's officedepartment of	994
veterans affairsservices. The director may disclose information	995
or documents that the director obtains pursuant to an	996
examination conducted under division (B) of this section and that	997
personally identify an applicant, recipient, or former recipient	998
described in that division, if either of the following applies:	999

(a) The director considers the disclosure necessary to	1000
enforce compliance with Chapter 5901. of the Revised Code.	1001

(b) For the purposes and under the circumstances authorized	1002
under division (E) of section 5901.09 of the Revised Code.	1003

(2) In all other cases, the director shall maintain the	1004
confidentiality of information or documents that the director	1005
obtains pursuant to an examination under division (B) of this	1006
section and that personally identify an applicant, recipient, or	1007
former recipient described in that division.	1008

Sec. 5902.06.  The director of the governor's office of	1009
veterans affairsservices shall keep a register showing the	1010
situation and disposition of any claim filed by that officethe	1011
department of veterans services.	1012

Sec. 5902.07.  The director of the governor's office of	1013
veterans affairsservices may administer oaths. He shall have a	1014
seal of office and hisThe director's official certificate shall	1015
be received in evidence without further authentication.	1016

Sec. 5902.08.  The director of the governor's office of	1017
veterans affairsservices, or any employee thereof, shall not	1018
receive directly or indirectly a fee or reward of any kind from	1019
a claimant or other person for services rendered or to be	1020
rendered, relating to a duty required of himthe director or	1021
employee under sections 5902.01 to 5902.07 of the Revised Code,	1022
or in any manner connected therewith.	1023

Sec. 5902.09. The person in charge of a state agency or	1024
instrumentality, an agency or instrumentality of a political	1025
subdivision, or a private entity, such as a nursing home, that	1026
provides law enforcement, health, or welfare services to	1027
individuals, other than the Ohio veterans' home and veterans	1028
service organizations, shall ask an individual with whom the	1029
agency, instrumentality, or entity interacts if the individual	1030
is a veteran or is or was the dependent of a veteran. If the	1031
individual claims to be such an individual, the person in charge	1032
shall report the individual's name, address, telephone number,	1033
and e-mail address; the agency's, instrumentality's, or entity's	1034
name, address, telephone number, and e-mail address; the nature	1035
of the agency's, instrumentality's, or entity's interaction with	1036
the individual; and the date on which the interaction occurred	1037
to the director of veterans services. The director shall inform	1038
the veterans service commission having jurisdiction about the	1039
veteran or dependent and the interaction. The commission shall	1040
inquire about, and offer benefits and services appropriate to,	1041
the veteran or dependent.	1042

Sec. 5902.15.  (A) If the president of the United States	1043
indicates that national guard or reserve forces with headquarters	1044
in this state may be called to active military duty, the governor	1045
or the director of the governor's office of veterans affairs	1046
services shall convene, not later than ten days after all its	1047
members are appointed, a military activation task force to	1048
determine whether federal, state, and county agencies have	1049
prepared proper support mechanisms for that military activation.	1050
The task force shall prepare and publish a report stating	1051
whether these mechanisms have been prepared and what further	1052
actions need to be taken to support that military activation.	1053

(B) The members of the task force are the chairpersons and	1054
ranking minority members of the committees of the house of	1055
representatives and senate that customarily consider bills dealing	1056
with the military and veterans affairs, and a representative of	1057
each of the following agencies and organizations whom that agency	1058
or organization shall appoint:	1059

(1) The Ohio army national guard;

1060

(2) The Ohio air national guard;

1061

(3) The United States army reserve;

1062

(4) The United States marine corps reserve;

1063

(5) The United States naval reserve;

1064

(6) The United States air force reserve;

1065

(7) The United States coast guard reserve;

1066

(8) The United States department of veterans affairs;

1067

(9) The American Legion, department of Ohio;

1068

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

1069

(11) The AMVETS, department of ohioOhio;

1070

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

1071

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

1072

(14) The Vietnam Veterans of America, department of ohio	1073
Ohio;	1074

(15) The office of the Ohio attorney general;

1075

(16) The Ohio association of county veterans service	1076
officers;	1077

(17) The Ohio association of county veterans service	1078
commissioners;	1079

(18) The bureau of employment services;

1080

(19) The department of administrative services;

1081

(20)(19) The state department of humanjob and family	1082
services;	1083

(21)(20) The Ohio office of the United States department of	1084
labor;	1085

(22)(21) The employer support of the national guard and	1086
reserve;	1087

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

1088

(24)(23) The national league of families of prisoners and	1089
missing in action;	1090

(25)(24) The governor's officedepartment of veterans	1091
affairsservices.	1092

(C) At its first meeting, the task force shall elect a	1093
chairperson and other officers it considers necessary.	1094

(D) Members of the task force shall receive no compensation	1095
but shall be reimbursed for expenses they incur in the performance	1096
of their duties.	1097

(E) Members of the task force shall serve until the task	1098
force publishes its report. Any vacancy on the task force shall be	1099
filled in the same manner as the original appointment.	1100

(F) The governor's officedepartment of veterans affairs	1101
services shall provide the task force with necessary personnel,	1102
supplies, and services.	1103

Sec. 5903.02.  (A) The determination of reinstatement and	1104
reemployment rights of permanent public employees and permanent	1105
private employees in the uniformed services shall be made in	1106
accordance withAs used in this section, "uniformed services" and	1107
"service in the uniformed services" have the same meanings as in	1108
the "Uniformed Services Employment and Reemployment Rights Act of	1109
1994," 108 Stat. 3149, 38 U.S.C.A. 4301, et. seq4303.	1110

(B) Any person whose absence from a position of employment is	1111
necessitated by reason of service in the uniformed services or in	1112
the Ohio organized militia has the same reinstatement and	1113
reemployment rights in this state that a person has under the	1114
"Uniformed Services Employment and Reemployment Rights Act of	1115
1994." A person who is denied a reinstatement or reemployment	1116
right pursuant to this section has a cause of action for the same	1117
remedies as a person has under the "Uniformed Services Employment	1118
and Reemployment Rights Act of 1994." The court of common pleas,	1119
notwithstanding any sum limitation established by decision of a	1120
board of county commissioners pursuant to section 2305.01 of the	1121
Revised Code, shall have exclusive original jurisdiction for such	1122
actions, unless the defendant is the state, in which case the	1123
court of claims shall have exclusive original jurisdiction	1124
pursuant to division (C) of this section.	1125

(C) A person who seeks reinstatement or reemployment rights	1126
with the state, pursuant to this section, may bring an action in	1127
the court of claims pursuant to this section or section 4323 of	1128
the "Uniformed Services Employment and Reemployment Rights Act of	1129
1994."	1130

(D) Notwithstanding any other provision of the Revised Code,	1131
court costs may not be charged against any person claiming rights	1132
under this section.	1133

(E) In any action or proceeding to enforce a provision of	1134
this section the court may award to a plaintiff who prevails in	1135
such action or proceeding reasonable attorney's fees, expert	1136
witness fees, and other litigation expenses. If the plaintiff does	1137
not receive a favorable judgment from the court in that action,	1138
the court shall not require the plaintiff to reimburse the state	1139
for attorney's fees.	1140

(F) The director of administrative services shall adopt rules	1141
in accordance with Chapter 119. of the Revised Code for the	1142
implementation of this chapter with respect to persons in public	1143
service.	1144

Sec. 5903.99.  Whoever violates sections 5903.01 andsection	1145
5903.02 of the Revised Code may be fined not more than one	1146
thousand dollars or imprisoned not more than six months, or both.	1147

Sec. 5904.01.  (A) There is hereby created the Ohio veterans	1148
hall of fame. The governor's officedepartment of veterans affairs	1149
services shall serve as the veterans hall of fame's	1150
administrative agent. The veterans hall of fame shall recognize	1151
the post-military achievements of outstanding veterans and	1152
spotlight all veterans' contributions to the civilian workplace.	1153

(B) The Ohio veterans hall of fame shall have an executive	1154
committee composed of thirteen members, all of whom shall be	1155
veterans. The director of the governor's office of veterans	1156
affairsservices shall be an ex officio member. The governor's	1157
officedepartment of veterans affairs'services' veterans	1158
advisory committee, the advisory committee on women veterans,	1159
the Ohio veterans hall of fame foundation, the Veterans of	1160
Foreign Wars, the Disabled American Veterans, the AMVETS, the	1161
Vietnam Veterans of America, and the American Legion shall each	1162
appoint one member.	1163

The Ohio veterans hall of fame executive committee shall	1164
appoint its final four members, one of whom shall be from any	1165
veterans organization that is incorporated in this state and that	1166
is not otherwise represented on the executive committee, one of	1167
whom was inducted into the veterans hall of fame three years	1168
before the current fiscal year, one of whom was inducted into the	1169
veterans hall of fame two years before the current fiscal year,	1170
and one of whom was inducted into the veterans hall of fame one	1171
year before the current fiscal year.	1172

(C) Terms of office of the members of the Ohio veterans hall	1173
of fame executive committee shall be for three years. Each member	1174
shall serve subsequent to the expiration of the member's term	1175
until the member's successor is appointed, or until sixty days has	1176
elapsed, whichever occurs first. No member shall serve more than	1177
two consecutive terms.	1178

(D) All vacancies in the membership of the Ohio veterans hall	1179
of fame executive committee shall be filled in the same manner as	1180
prescribed for original appointments, and the terms of the	1181
appointees shall be limited to the unexpired terms.	1182

(E) The members of the Ohio veterans hall of fame executive	1183
committee shall serve without compensation, but shall be	1184
reimbursed for their actual and necessary expenses incurred in the	1185
performance of their official duties.	1186

(F) The Ohio veterans hall of fame executive committee shall	1187
elect a chairperson and vice-chairperson from its membership. It	1188
shall meet annually to select inductees for the veterans hall of	1189
fame from the persons nominated in a manner prescribed by the	1190
executive committee. The names of selected inductees shall be	1191
submitted to the governor for final approval. The governor shall	1192
provide any final approval within thirty days after the executive	1193
committee submits the names of the selected inductees. The	1194
governor may reject any of the selected inductees for cause, but	1195
shall not make any additions to the list of those inductees.	1196

(G) Except as otherwise provided in this division, all state	1197
elected officials, members of the general assembly, members of the	1198
Ohio veterans hall of fame foundation, members of the veterans	1199
hall of fame executive committee, members of the governor's staff,	1200
members of the veterans hall of fame staff, and members of any	1201
county veterans service commission, and the director of the	1202
governor's office of veterans affairsservices, shall not be	1203
eligible for induction into the veterans hall of fame until two	1204
years after they have left their position. The executive	1205
committee may waive the two-years requirement for nominees over	1206
the age of seventy.	1207

(H) The Ohio veterans hall of fame executive committee is not	1208
subject to sections 101.82 to 101.87 of the Revised Code.	1209

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

1210

(1) "Nursing home" means a nursing home within a veterans'	1211
home.	1212

(2) "Veterans' home" means a veterans' home operated by the	1213
Ohio veterans' home agency.	1214

(B) There is hereby established the Ohio veterans' home	1215
agency thatas part of the department of veterans services. The	1216
agency shall maintain and operate veterans' and nursing homes for	1217
honorably discharged veterans.	1218

Sec. 5907.02.  The board of trustees of the Ohio veterans'	1219
home agency, which is hereby created, shall consist of seven	1220
members whodirector of veterans services shall govern the Ohio	1221
veterans' home agency and have charge and custody of the agency's	1222
facilities. The members shall be the director of administrative	1223
services or that director's designee, the director of aging or	1224
that director's designee, and five members who shall be appointed	1225
by the governor with the advice and consent of the senate. All the	1226
members of the board appointed by the governor shall be veterans	1227
of wars in which the United States has participated, and not more	1228
than three of the members shall be of the same political party.	1229
The trustees shall serve without compensation, but they shall be	1230
allowed their actual expenses incurred in the discharge of their	1231
duties. Each year, the governor shall appoint one trustee. The	1232
term of office for each member of the board shall be for five	1233
years, commencing on the first day of July and ending on the	1234
thirtieth day of June. Each member shall hold office from the	1235
date of that member's appointment until the end of the term for	1236
which the member was appointed. Any member appointed to fill a	1237
vacancy occurring prior to the expiration of the term for which	1238
that member's predecessor was appointed shall hold office for the	1239
remainder of that term. Any member shall continue in office	1240
subsequent to the expiration date of that member's term until	1241
the member's successor takes office, or until a period of sixty	1242
days has elapsed, whichever occurs first. The boarddirector	1243
shall govern, conduct, and care for veterans' homes, the	1244
property of the homes, and the veterans residing in the home.	1245

Four members of the board constitute a quorum, but any three	1246
may approve the payment of current expenses, salaries, and open	1247
contracts previously entered into by the board.	1248

All supplies for the agency shall be purchased as provided in	1249
sections 125.04 to 125.15 of the Revised Code.	1250

The boarddirector shall appoint a superintendent of the Ohio	1251
veterans' home agency upon any terms that are proper, and the	1252
superintendent, with the advice and consent of the boarddirector,	1253
shall employ aides, assistants, and employees, and perform other	1254
duties that may be assigned to the superintendent by the board	1255
director or become necessary in the carrying out of the	1256
superintendent's duties. The superintendent shall be responsible	1257
directly to the boarddirector.	1258

Subject to section 5907.021 of the Revised Code, the	1259
superintendent may appoint one or more employees at each veterans'	1260
home as veterans' home police officers authorized to act on the	1261
grounds of that home. The superintendent shall provide to those	1262
employees a copy of the rules that apply to their appointment. The	1263
rules shall specify whether or not the police officers may carry a	1264
firearm.	1265

Subject to section 5907.021 of the Revised Code, the	1266
superintendent shall appoint a chief of police of the Ohio	1267
veterans' home agency, determine the number of officers and other	1268
personnel required by each veterans' home, and establish salary	1269
schedules and other conditions of employment for veterans' homes	1270
police officers. The chief of police shall serve at the pleasure	1271
of the superintendent and shall appoint officers and other	1272
personnel as the veterans' homes may require, subject to the rules	1273
and limits that the superintendent establishes regarding	1274
qualifications, salary ranges, and the number of personnel. The	1275
superintendent, with the approval of the boarddirector, may	1276
purchase or otherwise acquire any police apparatus, equipment, or	1277
materials, including a police communication system and vehicles,	1278
that the veterans' homes police officers may require. The	1279
superintendent may send one or more of the officers or employees	1280
nominated by the police chief to a school of instruction designed	1281
to provide additional training or skills related to their work	1282
assignment at their veterans' home. The superintendent may send	1283
those officers or employees to the Ohio peace officer training	1284
academy that the superintendent considers appropriate.	1285

The boarddirector shall make an annual report to the	1286
governor as to all expenditures and as to the management of the	1287
Ohio veterans' home agency.	1288

Sec. 5907.022.  The board of trustees of the Ohio veterans'	1289
home agencydirector of veterans services may do either of the	1290
following to expand nursing home care and domiciliary services to	1291
veterans at sites other than the Ohio veterans' homes and nursing	1292
homes:	1293

(A) Enter into contracts or agreements, including agreements	1294
for the acceptance of grants, to construct, lease, purchase, or	1295
otherwise acquire real property or facilities to establish a	1296
network of facilities;	1297

(B) Enter into contracts with private providers.

1298

Sec. 5907.023. Neither theThe Ohio veterans' home agency	1299
established by section 5907.01 of the Revised Code nor the board	1300
of trustees of the Ohio veterans' home agency created by section	1301
5907.02 of the Revised Code is not subject to sections 101.82 to	1302
101.87 of the Revised Code.	1303

Sec. 5907.03.  The management and control of veterans' homes	1304
shall be subject to such inspection and supervision as the	1305
congress of the United States may require as a condition of making	1306
appropriations for their maintenance. A person appointed or	1307
designated by congress may make such inspection and exercise such	1308
supervision, and, if so required by congress, the person may have	1309
and exercise the privileges of a member of the board of trustees	1310
of the Ohio veterans' home agencythe director of veterans	1311
services.	1312

Sec. 5907.04. AllSubject to the following paragraph, all	1313
members of the armed forces, who served in the regular or	1314
volunteer forces of the United States or the Ohio national guard	1315
or members of the naval militia during the war with Spain, the	1316
Philippine insurrection, the China relief expedition, the Indian	1317
war, the Mexican expedition, World War I, World War II, or during	1318
the period beginning June 25, 1950 and ending July 19, 1953, known	1319
as the Korean conflict, or during the period beginning August 5,	1320
1964, and ending July 1, 1973, known as the Vietnam conflict, or	1321
any person who is awarded either the armed forces expeditionary	1322
medal established by presidential executive order 10977 dated	1323
December 4, 1961, or the Vietnam service medal established by	1324
presidential executive order 11231 dated July 8, 1965, who have	1325
been honorably discharged or separated under honorable conditions	1326
therefrom, or any discharged members of the Polish and	1327
Czechoslovakian armed forces who served in armed conflict with an	1328
enemy of the United States in World War I or World War II who have	1329
been citizens of the United States for at least ten years,	1330
provided that the above-mentioned persons have been citizens of	1331
this state for five consecutive years or more at the date of	1332
making application for admission, are disabled by disease, wounds,	1333
or otherwise, and are by reason of such disability incapable of	1334
earning their living, and all members of the Ohio national guard	1335
or naval militia who have lost an arm or leg, or their sight, or	1336
become permanently disabled from any cause, while in the line and	1337
discharge of duty, and are not able to support themselves, may be	1338
admitted to a veterans' home under such rules as the board of	1339
trustees of the Ohio veterans' home agencydirector of veterans	1340
services adopts.	1341

A person who served in the armed forces of the United States	1342
as defined in division (E)(7) of section 5903.11 of the Revised	1343
Code is eligible for admission to a veterans' home under the	1344
preceding paragraph only if the person has the characteristics	1345
defined in division (B)(1) of section 5901.01 of the Revised Code.	1346

The superintendent of the Ohio veterans' home agency shall	1347
promptly and diligently pursue the establishment of the	1348
eligibility for medical assistance under Chapter 5111. of the	1349
Revised Code of all persons admitted to a veterans' home and all	1350
residents of a home who appear to qualify and shall promptly and	1351
diligently pursue and maintain the certification of each home's	1352
compliance with federal laws and regulations governing	1353
participation in the medical assistance program to include as	1354
large as possible a part of the home's bed capacity.	1355

Veterans' homes may reserve a bed during the temporary	1356
absence of a resident or patient from the home, including a	1357
nursing home within it, under conditions prescribed by the board	1358
of trusteesdirector, to include hospitalization for an acute	1359
condition, visits with relatives and friends, and participation in	1360
therapeutic programs outside the home. A home shall not reserve a	1361
bed for more than thirty days, except that absences for more than	1362
thirty days due to hospitalization may be authorized.	1363

Sec. 5907.11.  (A) The superintendent of the Ohio veterans'	1364
home agency, with the approval of the board of trustees of the	1365
agencydirector of veterans services, may establish a local fund	1366
for each veterans' home to be used for the entertainment and	1367
welfare of the residents of the home. Each fund shall be	1368
designated as the residents' benefit fund and shall be operated	1369
for the exclusive benefit of the residents of the associated home.	1370
Each fund shall receive all revenue from the sale of commissary	1371
items at the associated home and shall receive all moneys received	1372
as donations by the associated home from any source.	1373

(B) The residents' benefit funds also may be used to receive	1374
and disburse any donations made for events sponsored by the Ohio	1375
veterans hall of fame.	1376

(C) The superintendent, subject to the approval of the board	1377
of trusteesdirector, shall establish rules for the operation of	1378
the residents' benefit funds.	1379

Sec. 5907.12.  The board of trustees of the Ohio veterans'	1380
home agencydirector of veterans services may utilize the services	1381
of volunteers to assist in attending to and caring for residents,	1382
assisting in resident activities, caring for veterans' homes'	1383
buildings and grounds, and participating in any other services	1384
that accomplish any of the board'sdirector's purposes related to	1385
veterans' homes. All volunteer programs are subject to the board's	1386
director's approval. The boarddirector may recruit, train, and	1387
supervise the services of community volunteers or volunteer groups	1388
for volunteer programs. The boarddirector may designate	1389
volunteers as state employees for the purpose of motor vehicle	1390
accident liability insurance under section 9.83 of the Revised	1391
Code and for the purpose of indemnification from liability	1392
incurred in the performance of their duties under section 9.87 of	1393
the Revised Code.	1394

Sec. 5907.13.  Residents of veterans' homes may be assessed a	1395
fee to pay a portion of the expenses of their support, dependent	1396
upon their ability to pay. Subject to controlling board approval,	1397
the board of trustees of the Ohio veterans' home agencydirector	1398
of veterans services shall adopt rules for determining a	1399
resident's ability to pay. Each resident shall furnish the board	1400
of trusteesdirector statements of income, assets, debts, and	1401
expenses that the boarddirector requires.	1402

All fees contributed by the residents under this section	1403
shall be deposited into an interest-bearing account in a public	1404
depository in accordance with section 135.18 of the Revised Code.	1405
All of these fees shall be paid to the treasurer of state within	1406
thirty days after the end of the month of receipt, together with	1407
all interest credited to the account to date. The treasurer of	1408
state shall credit eighty per cent of these fees and of this	1409
interest to the Ohio veterans' homes operating fund and twenty per	1410
cent of these fees and of this interest to the Ohio veterans'	1411
homes fund.	1412

The fee for each resident shall be based upon the level of	1413
care provided to the resident by the resident's home. The board of	1414
trusteesdirector shall determine authorized levels of care for	1415
residents. The assessment for each resident shall not exceed the	1416
difference between the total per diem amount collected by the	1417
state for maintenance from all sources on the resident's behalf	1418
and the average annual per diem cost for the resident's	1419
maintenance, computed in accordance with veterans administration	1420
regulations.	1421

Sec. 5907.141.  (A) All money received from the United States	1422
department of veterans affairs in per diem grants for care that	1423
veterans' homes provide shall be deposited in the state treasury	1424
to the credit of the Ohio veterans' homes federal grant fund,	1425
which is hereby created. Money credited to the fund shall be used	1426
only for the operating costs of veterans' homes.	1427

(B) Any resident of a veterans' home whom the United States	1428
department of veterans affairs determines to have excess income or	1429
assets, or is denied per diem for any reason by the United States	1430
department of veterans affairs, therefore rendering the home	1431
ineligible to collect per diem grant reimbursement for days of	1432
care provided to that resident, may be required to pay, in	1433
addition to the fees assessed under section 5907.13 of the Revised	1434
Code, an amount equal to the rate of per diem grant that the	1435
department denied for that particular resident. Any amount that	1436
the resident pays under this division shall be collected and	1437
distributed in the same manner as the fees assessed under section	1438
5907.13 of the Revised Code.	1439

Sec. 5910.02.  There is hereby created an Ohio war orphans	1440
scholarship board consistingas part of the department of veterans	1441
services. The board consists of seveneight members as follows:	1442
the chancellor of the Ohio board of regents or the chancellor's	1443
designee; the director of veterans services or the director's	1444
designee; one member of the house of representatives, appointed by	1445
the speaker; one member of the senate, appointed by the president	1446
of the senate; and four members appointed by the governor, one of	1447
whom shall be a representative of the American Legion, one of whom	1448
shall be a representative of the Veterans of Foreign Wars, one of	1449
whom shall be a representative of the Disabled American Veterans,	1450
and one of whom shall be a representative of the AMVETS. At least	1451
ninety days prior to the expiration of the term of office of the	1452
representative of a veterans organization appointed by the	1453
governor, the governor shall notify the state headquarters of the	1454
affected organization of the need for an appointment and request	1455
the organization to make at least three nominations. Within sixty	1456
days after making the request for nominations, the governor may	1457
make the appointment from the nominations received, or may reject	1458
all the nominations and request at least three new nominations,	1459
from which the governor shall make an appointment within thirty	1460
days after making the request for the new nominations. If the	1461
governor receives no nominations during this thirty-day period,	1462
the governor may appoint any veteran.	1463

Terms of office for the four members appointed by the	1464
governor shall be for four years, commencing on the first day of	1465
January and ending on the thirty-first day of December, except	1466
that the term of the AMVETS representative shall expire December	1467
31, 1998, and the new term that succeeds it shall commence on	1468
January 1, 1999, and end on December 31, 2002. Each member shall	1469
hold office from the date of the member's appointment until the	1470
end of the term for which the member was appointed. The other	1471
members shall serve during their terms of office. Any vacancy	1472
shall be filled by appointment in the same manner as by original	1473
appointment. Any member appointed to fill a vacancy occurring	1474
prior to the expiration of the term for which the member's	1475
predecessor was appointed shall hold office for the remainder of	1476
such term. Any appointed member shall continue in office	1477
subsequent to the expiration date of the member's term until the	1478
member's successor takes office, or until a period of sixty days	1479
has elapsed, whichever occurs first. The members of the board	1480
shall serve without pay but shall be reimbursed for travel	1481
expenses and for other actual and necessary expenses incurred in	1482
the performance of their duties, not to exceed ten dollars per day	1483
for ten days in any one year to be appropriated out of any moneys	1484
in the state treasury to the credit of the general revenue fund.	1485

The chancellor of the board of regents shall act as secretary	1486
to the board and shall furnish such clerical and other assistance	1487
as may be necessary to the performance of the duties of the board.	1488

The board shall determine the number of scholarships to be	1489
made available, receive applications for scholarships, pass upon	1490
the eligibility of applicants, decide which applicants are to	1491
receive scholarships, and do all other things necessary for the	1492
proper administration of this chapter.	1493

Sec. 5923.05.  (A)(1) Permanent public employees who are	1494
members of the Ohio organized militia or members of other reserve	1495
components of the armed forces of the United States, including the	1496
Ohio national guard, are entitled to a leave of absence from their	1497
respective positions without loss of pay for the time they are	1498
performing service in the uniformed services, for periods of up to	1499
one month, for each calendar year in which they are performing	1500
service in the uniformed services.	1501

(2) As used in this section:

1502

(a) "Calendar year" means the year beginning on the first day	1503
of January and ending on the last day of December.	1504

(b) "Month" means twenty-two eight-hour work days or one	1505
hundred seventy-six hours within one calendar year.	1506

(c) "Permanent public employees" and "uniformed services"	1507
have the same meanings as in section 5903.01 of the Revised Code	1508
employee" means any person holding a position in public employment	1509
that requires working a regular schedule of twenty-six consecutive	1510
biweekly pay periods, or any other regular schedule of comparable	1511
consecutive pay periods, which is not limited to a specific season	1512
or duration. "Permanent public employee" does not include student	1513
help; intermittent, seasonal, or external interim employees; or	1514
individuals covered by personal services contracts.	1515

(d) "State agency" means any department, bureau, board,	1516
commission, office, or other organized body established by the	1517
constitution or laws of this state for the exercise of any	1518
function of state government, the general assembly, all	1519
legislative agencies, the supreme court, the court of claims, and	1520
the state-supported institutions of higher education.	1521

(e) "Service in the uniformed services" means the performance	1522
of duty, on a voluntary or involuntary basis, in a uniformed	1523
service, under competent authority, and includes active duty,	1524
active duty for training, initial active duty for training,	1525
inactive duty for training, full-time national guard duty, and	1526
performance of duty or training by a member of the Ohio organized	1527
militia pursuant to Chapter 5923. of the Revised Code. "Service in	1528
the uniformed services" includes also the period of time for which	1529
a person is absent from a position of public or private employment	1530
for the purpose of an examination to determine the fitness of the	1531
person to perform any duty described in this division.	1532

(f) "Uniformed services" means the armed forces, the Ohio	1533
organized militia when engaged in active duty for training,	1534
inactive duty training, or full-time national guard duty, the	1535
commissioned corps of the public health service, and any other	1536
category of persons designated by the president of the United	1537
States in time of war or emergency.	1538

(B) Except as otherwise provided in division (D) of this	1539
section, any permanent public employee who is employed by a	1540
political subdivision, who is entitled to the leave provided under	1541
division (A) of this section, and who is called or ordered to the	1542
uniformed services for longer than a month, for each calendar year	1543
in which the employee performed service in the uniformed services,	1544
because of an executive order issued by the president of the	1545
United States, because of an act of congress, or because of an	1546
order to perform duty issued by the governor pursuant to section	1547
5919.29 of the Revised Code is entitled, during the period	1548
designated in the order or act, to a leave of absence and to be	1549
paid, during each monthly pay period of that leave of absence, the	1550
lesser of the following:	1551

(1) The difference between the permanent public employee's	1552
gross monthly wage or salary as a permanent public employee and	1553
the sum of the permanent public employee's gross uniformed pay and	1554
allowances received that month;	1555

(2) Five hundred dollars.

1556

(C) Except as otherwise provided in division (D) of this	1557
section, any permanent public employee who is employed by a state	1558
agency, who is entitled to the leave provided under division (A)	1559
of this section, and who is called or ordered to the uniformed	1560
services for longer than a month, for each calendar year in which	1561
the employee performed service in the uniformed services, because	1562
of an executive order issued by the president of the United	1563
States, because of an act of congress, or because of an order to	1564
perform duty issued by the governor pursuant to section 5919.29 or	1565
5923.21 of the Revised Code is entitled, during the period	1566
designated in the order or act, to a leave of absence and to be	1567
paid, during each monthly pay period of that leave of absence, the	1568
difference between the permanent public employee's gross monthly	1569
wage or salary as a permanent public employee and the sum of the	1570
permanent public employee's gross uniformed pay and allowances	1571
received that month.	1572

(D) No permanent public employee shall receive payments under	1573
division (B) or (C) of this section if the sum of the permanent	1574
public employee's gross uniformed pay and allowances received in a	1575
pay period exceeds the employee's gross wage or salary as a	1576
permanent public employee for that period or if the permanent	1577
public employee is receiving pay under division (A) of this	1578
section.	1579

(E) Any political subdivision of the state, as defined in	1580
section 2744.01 of the Revised Code, may elect to pay any of its	1581
permanent public employees who are entitled to the leave provided	1582
under division (A) of this section and who are called or ordered	1583
to the uniformed services for longer than one month, for each	1584
calendar year in which the employee performed service in the	1585
uniformed services, because of an executive order issued by the	1586
president or an act of congress, such payments, in addition to	1587
those payments required by division (B) of this section, as may be	1588
authorized by the legislative authority of the political	1589
subdivision.	1590

(F) Each permanent public employee who is entitled to leave	1591
provided under division (A) of this section shall submit to the	1592
permanent public employee's appointing authority the published	1593
order authorizing the call or order to the uniformed services or a	1594
written statement from the appropriate military commander	1595
authorizing that service, prior to being credited with that leave.	1596

(G) Any permanent public employee of a political subdivision	1597
whose employment is governed by a collective bargaining agreement	1598
with provision for the performance of service in the uniformed	1599
services shall abide by the terms of that collective bargaining	1600
agreement with respect to the performance of that service, except	1601
that no collective bargaining agreement may afford fewer rights	1602
and benefits than are conferred under this section.	1603

Section 2. That existing sections 121.02, 121.03, 2311.07,	1604
2311.08, 2743.03, 3313.616, 3319.13, 4112.01, 5901.02, 5901.021,	1605
5901.07, 5901.09, 5902.01, 5902.02, 5902.03, 5902.04, 5902.06,	1606
5902.07, 5902.08, 5902.15, 5903.02, 5903.99, 5904.01, 5907.01,	1607
5907.02, 5907.022, 5907.023, 5907.03, 5907.04, 5907.11, 5907.12,	1608
5907.13, 5907.141, 5910.02, and 5923.05 of the Revised Code are	1609
hereby repealed.	1610

Section 3. That sections 124.29, 5902.05, and 5903.01 of the	1611
Revised Code are hereby repealed.	1612

Section 4. Chapter 5902. of the Revised Code shall be known	1613
as "Department of Veterans Services."	1614

Section 5. On the effective date of this section, the	1615
Governor's Office of Veterans Affairs is abolished and its	1616
functions, and its assets and liabilities, are transferred to the	1617
Department of Veterans Services. The Department of Veterans	1618
Services is successor to, assumes the obligations and authority	1619
of, and otherwise continues the Governor's Office of Veterans	1620
Affairs. No right, privilege, or remedy, and no duty, liability,	1621
or obligation, accrued under the Governor's Office of Veterans	1622
Affairs is impaired or lost by reason of the transfer and shall be	1623
recognized, administered, performed, or enforced by the Department	1624
of Veterans Services.	1625

Business commenced but not completed by the Governor's Office	1626
of Veterans Affairs or by the Director of the Governor's Office of	1627
Veterans Affairs shall be completed by the Department of Veterans	1628
Services or the Director of Veterans Services in the same manner,	1629
and with the same effect, as if completed by the Governor's Office	1630
of Veterans Affairs or the Director of the Governor's Office of	1631
Veterans Affairs.	1632

All the rules, orders, and determinations of the Governor's	1633
Office of Veterans Affairs continue in effect as rules, orders,	1634
and determinations of the Department of Veterans Services, until	1635
modified or rescinded by the Department of Veterans Services. If	1636
necessary to ensure the integrity of the numbering of the	1637
Administrative Code, the Director of the Legislative Service	1638
Commission shall renumber the rules of the Governor's Office of	1639
Veterans Affairs to reflect their transfer to the Department of	1640
Veterans Services.	1641

Subject to the layoff provisions of sections 124.321 to	1642
124.382 of the Revised Code, all employees of the Governor's	1643
Office of Veterans Affairs are transferred to the Department of	1644
Veterans Services and retain their positions and all benefits	1645
accruing thereto.	1646

The Director of Budget and Management shall determine the	1647
amount of unexpended balances in the appropriation accounts that	1648
pertain to the Governor's Office of Veterans Affairs and shall	1649
recommend to the Controlling Board their transfer to appropriation	1650
accounts that pertain to the Department of Veterans Services. The	1651
Director of the Governor's Office of Veterans Affairs shall	1652
provide full and timely information to the Controlling Board to	1653
facilitate the transfer.	1654

Whenever the Governor's Office of Veterans Affairs or the	1655
Director of the Governor's Office of Veterans Affairs is referred	1656
to in a statute, contract, or other instrument, the reference is	1657
deemed to refer to the Department of Veterans Services or to the	1658
Director of Veterans Services, whichever is appropriate in	1659
context.	1660

No pending action or proceeding being prosecuted or defended	1661
in court or before an agency by the Governor's Office of Veterans	1662
Affairs or the Director of the Governor's Office of Veterans	1663
Affairs is affected by the transfer and shall be prosecuted or	1664
defended in the name of Department of Veterans Services or the	1665
Director of Veterans Services, whichever is appropriate. Upon	1666
application to the court or agency, the Department of Veterans	1667
Services or the Director of Veterans Services shall be substituted	1668
as a party.	1669

Section 6. On the effective date of this section, the Ohio	1670
Veterans' Home Agency is abolished and its functions, and its	1671
assets and liabilities, are transferred to the Department of	1672
Veterans Services. The Department of Veterans Services is	1673
successor to, assumes the obligations and authority of, and	1674
otherwise continues the Ohio Veterans' Home Agency. No right,	1675
privilege, or remedy, and no duty, liability, or obligation,	1676
accrued under the Ohio Veterans' Home Agency is impaired or lost	1677
by reason of the transfer and shall be recognized, administered,	1678
performed, or enforced by the Department of Veterans Services.	1679

Business commenced but not completed by the Ohio Veterans'	1680
Home Agency or its Board of Trustees shall be completed by the	1681
Department of Veterans Services or the Director of Veterans	1682
Services in the same manner, and with the same effect, as if	1683
completed by the Ohio Veterans' Home Agency or its Board of	1684
Trustees.	1685

All the rules, orders, and determinations of the Ohio	1686
Veterans' Home Agency or its Board of Trustees continue in effect	1687
as rules, orders, and determinations of the Department of Veterans	1688
Services, until modified or rescinded by the Department of	1689
Veterans Services. If necessary to ensure the integrity of the	1690
numbering of the Administrative Code, the Director of the	1691
Legislative Service Commission shall renumber the rules of the	1692
Ohio Veterans' Home Agency or its Board of Trustees to reflect	1693
their transfer to the Department of Veterans Services.	1694

Subject to the layoff provisions of sections 124.321 to	1695
124.382 of the Revised Code, all employees of the Ohio Veterans'	1696
Home Agency are transferred to the Department of Veterans Services	1697
and retain their positions and all benefits accruing thereto.	1698

The Director of Budget and Management shall determine the	1699
amount of unexpended balances in the appropriation accounts that	1700
pertain to the Ohio Veterans' Home Agency and shall recommend to	1701
the Controlling Board their transfer to appropriation accounts	1702
that pertain to the Department of Veterans Services. The Board of	1703
Trustees of the Ohio Veterans' Home Agency shall provide full and	1704
timely information to the Controlling Board to facilitate the	1705
transfer.	1706

Whenever the Ohio Veterans' Home Agency or its Board of	1707
Trustees is referred to in a statute, contract, or other	1708
instrument, the reference is deemed to refer to the Department of	1709
Veterans Services or to the Director of Veterans Services,	1710
whichever is appropriate in context.	1711

No pending action or proceeding being prosecuted or defended	1712
in court or before an agency by the Ohio Veterans' Home Agency or	1713
its Board of Trustees is affected by the transfer and shall be	1714
prosecuted or defended in the name of the Department of Veterans	1715
Services or the Director of Veterans Services, whichever is	1716
appropriate. Upon application to the court or agency, the	1717
Department of Veterans Services or the Director of Veterans	1718
Services shall be substituted as a party.	1719