| Section 1. That sections 121.02, 121.03, 3313.616, 5901.02,
| 16 |
|
5901.021, 5901.07, 5901.09, 5902.01, 5902.02, 5902.03, 5902.04,
| 17 |
|
5902.06, 5902.07, 5902.08, 5902.15, 5904.01, 5907.01,
5907.02, | 18 |
|
5907.022, 5907.023, 5907.03, 5907.04, 5907.11, 5907.12,
5907.13, | 19 |
|
5907.141, and 5910.02 be amended and that section 5902.09
of the | 20 |
|
Revised Code be enacted to read as follows:
| 21 |
| Sec. 3313.616. (A) Notwithstanding the requirements of
| 100 |
|
sections
3313.61, 3313.611, and 3313.612 of the Revised Code, the
| 101 |
|
board of
education of any city, exempted village, or local school
| 102 |
|
district or the governing authority of any chartered nonpublic
| 103 |
|
school
may grant a high school diploma
to any
veteran
of World War
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|
II, the Korean conflict, or the Vietnam conflict
who is
a resident
| 105 |
|
of this
state or who was previously enrolled in any high school in
| 106 |
|
this state if all of the following
apply:
| 107 |
| (B) Notwithstanding the requirements of sections 3313.61,
| 121 |
|
3313.611, and 3313.612 of the Revised Code, the board of education
| 122 |
|
of any city, exempted village, or local school district or the
| 123 |
|
governing authority of any chartered nonpublic school may grant a
| 124 |
|
high school diploma to any woman who left high school during World
| 125 |
|
War II, the Korean conflict, or the Vietnam conflict and who is a
| 126 |
|
resident of this state or was previously enrolled in any high
| 127 |
|
school in this state, if both of the following apply:
| 128 |
(D) The governor's officedepartment of
veterans' affairs | 145 |
| veterans services, in
accordance with section 111.15 of the | 146 |
|
Revised Code, and with the
advice and consent of the veterans | 147 |
|
advisory committee established
under division (K) of section | 148 |
|
5902.02 of the Revised Code, shall
develop and adopt rules to
| 149 |
|
implement this
section. Such rules
shall include, but not be | 150 |
|
limited to, rules
establishing
procedures for
application and | 151 |
|
verification of
eligible persons
for a diploma under this
| 152 |
|
section.
| 153 |
| Sec. 5901.02. In each county there shall be a commission
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|
known as "the
veterans service commission."
Except as provided in
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|
section 5901.021 of the Revised Code, the commission shall be
| 156 |
|
composed of five
residents of the
county
appointed to five-year
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|
terms by a judge
of the
court of common
pleas. At the time of
| 158 |
|
appointment or
reappointment
to the
commission, no commission
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|
member
appointed
under this section shall be an employee of the
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|
commission
or hold
an elective or other appointive office of the
| 161 |
|
county served by the
commission.
| 162 |
| Each member of the commission
appointed under this section
| 163 |
|
shall be an honorably
discharged or honorably
separated veteran.
| 164 |
|
Within sixty days
after the date of appointment, each
such
member
| 165 |
shall
file the member's form DD214
with the
governor's office | 166 |
department of
veterans
affairsservices in accordance with
| 167 |
guidelines
established by the
director of that
office | 168 |
| department.
Such
appointments shall be
made
from
lists
of
| 169 |
|
recommended persons, in
the manner specified in
the
following | 170 |
|
paragraph. One
person shall
be a representative
recommended by | 171 |
|
the American Legion; one
person
shall be a
representative | 172 |
|
recommended by the Veterans of Foreign
Wars;
one
person shall be | 173 |
|
a representative recommended by the
Disabled
American
Veterans; | 174 |
|
one person shall be a representative
recommended by the
AMVETS; | 175 |
|
and one person shall be a
representative
recommended by the
| 176 |
|
Military Order of the Purple
Heart of the U.S.A., the Vietnam | 177 |
|
Veterans of
America, or the
Korean War Veterans Association. If | 178 |
|
any such organization has no
post or chapter located in the
| 179 |
|
county, the appointment shall be
made from lists of recommended | 180 |
|
persons
submitted by posts or
chapters of any other | 181 |
|
congressionally chartered veterans
organizations located in the | 182 |
|
county. If no such other
organizations have
posts or chapters | 183 |
|
located in the county, the
judge
responsible for making
| 184 |
|
appointments under this section may
appoint any
qualified
veteran
| 185 |
|
to represent the veteran community.
| 186 |
| On or before the fifteenth day of October of each year, the
| 187 |
|
appointing
judge
shall notify each post
or chapter
of each
| 188 |
|
organization within the county from
which the
member may
or must
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|
be appointed that it may submit a list
containing
three
| 190 |
|
recommendations of persons who are eligible for
appointment. If
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|
the
judge does not receive any recommendations
within sixty days
| 192 |
|
after providing
the required notification, the
judge may appoint
| 193 |
|
any
qualified veteran to represent
the veteran
community. The
| 194 |
|
judge shall make the appointment on or before the
fifteenth day of
| 195 |
|
January of each year.
Any
vacancy in a membership appointed under
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|
this
section
shall
be
filled in the same manner as the original
| 197 |
|
appointments.
| 198 |
| (B)(1) In any
county
that is described in division (A)
of
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|
this section and in which the
veterans service
commission
submits
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|
a budget request under section
5901.11 of the
Revised Code
for the
| 227 |
|
ensuing fiscal year that
exceeds
twenty-five-thousandths of one
| 228 |
|
per cent of the
assessed value of
property in
the county or
the
| 229 |
|
amount
appropriated to the
commission from the
county general fund
| 230 |
|
in the
current fiscal year
by more than ten
per cent of that
| 231 |
|
appropriation, the
board
of
county commissioners,
by resolution,
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|
may create not more
than six
memberships on the
veterans service
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|
commission in
addition to the
memberships
provided for by section
| 234 |
|
5901.02 of the
Revised Code.
The board
shall prescribe the number
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|
of years
the additional
memberships
shall exist,
which shall not
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|
exceed five
years. Once
a board of
county
commissioners creates
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|
any additional
memberships, it may
not create
further
additional
| 238 |
|
memberships
under this
section if the total number of
such
| 239 |
|
memberships
would exceed six.
The
board shall
appoint
persons who
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|
are residents of the county
and who are honorably
discharged or
| 241 |
|
honorably separated veterans to each of the
additional
| 242 |
|
memberships, for terms prescribed by the board and
commencing on a
| 243 |
|
date fixed by the board.
Each person appointed to
an additional
| 244 |
|
membership shall file, within sixty days after the
date of the
| 245 |
appointment, the person's form DD214 with the
governor's office | 246 |
department of veterans affairsservices in accordance with
| 247 |
guidelines
established by the director of that office | 248 |
| department.
| 249 |
| Sec. 5901.07. The veterans service commission shall employ
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|
one or more county veterans service officers, one of whom may act
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|
as executive
director. Each service officer shall be a veteran.
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|
Within sixty
days after the date of initial employment, each
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|
service officer shall file a
copy of the officer's form DD214 with
| 266 |
the
governor's officedepartment of veterans affairsservices in | 267 |
|
accordance
with guidelines
established by the director of that | 268 |
officedepartment. Each service
officer
shall be employed in the
| 269 |
|
classified service and is exempt from civil service examination.
| 270 |
| The commission may remove a veterans service officer who fails
to | 271 |
|
maintain accreditation or whose certification is revoked by the | 272 |
|
director of veterans services. The
service officers shall advise | 273 |
|
and
assist present and former
members of the
armed forces of the | 274 |
|
United States, veterans, and
their spouses, surviving spouses, | 275 |
|
children, parents, and
dependents
in presenting claims or | 276 |
|
obtaining rights or benefits
under any law of the United States | 277 |
|
or of this state.
| 278 |
| The commission shall employ the
necessary clerks,
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|
stenographers, and other personnel to assist
the service officers
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|
in the performance of duties and
shall fix their
compensation.
| 285 |
|
Each of these employees shall be a veteran or, if a qualified
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|
veteran is not available, the spouse, surviving spouse, child, or
| 287 |
|
parent of
a veteran. Each of these employees shall be employed in
| 288 |
|
the classified
service and is exempt
from civil service
| 289 |
|
examination.
| 290 |
| The board of county commissioners, upon the
recommendation or
| 291 |
|
approval of the veterans service commission, may
provide
suitable
| 292 |
|
office space, supplies, and office and incidental
expenses for
| 293 |
|
each service officer. The compensation of each
service officer and
| 294 |
|
of any employee and any expenses incurred
under this section shall
| 295 |
|
be paid out of funds appropriated to the
commission, as provided
| 296 |
|
in section 5901.11 of the Revised Code.
| 297 |
| Sec. 5901.09. (A) Each applicant for financial assistance
| 298 |
|
under
sections 5901.01
to 5901.15 of the Revised Code shall
| 299 |
|
provide the veterans service commission
with a statement
| 300 |
|
concerning the applicant's household income and
the amount of real
| 301 |
|
and
personal taxable property, stocks, bonds, moneys on hand
| 302 |
|
loaned or deposited
in any bank or elsewhere, shares in building
| 303 |
|
associations, mortgages, notes,
or other articles of value from
| 304 |
|
which the applicant derives an
income or revenue.
The statement
| 305 |
|
shall be made upon blanks furnished by the
commission and shall be
| 306 |
|
subscribed by the applicant.
| 307 |
| (4) Any other documents that are used by or are in the
| 323 |
|
possession of a
veterans service
commission that may affect the
| 324 |
|
determination of the eligibility of an
applicant for financial
| 325 |
|
assistance
under sections 5901.01 to 5901.15 of the Revised Code
| 326 |
|
or
that may affect the determination of an increase, decrease, or
| 327 |
|
discontinuance
of an allowance under section 5901.14
of the
| 328 |
|
Revised Code, if those documents are required to
be kept
| 329 |
|
confidential under any statute of this state or the United
States;
| 330 |
| (5) Any applications to obtain benefits under any law of the
| 331 |
|
United States or of this state, and any documents
accompanying
| 332 |
|
those applications, in the possession of a veterans service
| 333 |
|
commission and filed by persons in the armed forces of the United
| 334 |
|
States, veterans, or the spouses, surviving spouses, children,
| 335 |
|
parents, or dependents of veterans.
| 336 |
| (C) Interviews of applicants for financial assistance under
| 337 |
|
sections 5901.01 to 5901.15 of the Revised Code, discussions of
| 338 |
|
the
applications, statements,
and other documents described in
| 339 |
|
division (B) of this section,
and reviews of matters relating to
| 340 |
|
applicants' requests for financial
assistance under sections
| 341 |
|
5901.01 to 5901.15
of the Revised Code shall be kept confidential.
| 342 |
|
In accordance with division
(J) of section 121.22 of the Revised
| 343 |
|
Code, a veterans
service commission shall conduct a meeting of the
| 344 |
|
commission
or a portion of a meeting of the commission to
| 345 |
|
interview an applicant for
financial
assistance under sections
| 346 |
|
5901.01 to 5901.15 of the Revised Code, to discuss
an application,
| 347 |
|
statement, or other document described in division (B) of this
| 348 |
|
section, or to review matters relating to an applicant's request
| 349 |
|
for financial
assistance under sections 5901.01
to 5901.15 of the
| 350 |
|
Revised Code in an executive session.
| 351 |
| (D) Except as otherwise provided in division (E) of
this
| 352 |
|
section or division
(B) of section 5902.04 of the Revised Code, a
| 353 |
|
veterans
service commission shall ensure that the
applications,
| 354 |
|
statements,
and other documents described in division (B) of this
| 355 |
|
section are not
used
for any purpose other than to determine the
| 356 |
|
eligibility of the applicant for
financial assistance under
| 357 |
|
sections 5901.01 to 5901.15 of the Revised Code or
to determine
| 358 |
|
whether to increase, decrease, or discontinue an allowance under
| 359 |
|
section
5901.14 of the Revised Code.
| 360 |
| (E)(1) An applicant for, or a recipient or former recipient
| 361 |
|
of,
financial
assistance under sections 5901.01
to 5901.15 of the
| 362 |
|
Revised Code may consent to the release
by a veterans service
| 363 |
|
commission of any information in an application,
statement,
or
| 364 |
|
other document described in
division (B) of this section that
| 365 |
|
pertains to the applicant,
recipient, or former recipient by
| 366 |
|
completing and
signing a release of information form. The form
| 367 |
shall be prescribed by the
governor's officedepartment of
| 368 |
veterans affairsservices. An applicant for, or a recipient or
| 369 |
|
former
recipient of, financial assistance shall sign a separate | 370 |
|
release
of
information form each time the applicant, recipient, | 371 |
|
or former
recipient
consents to the release of any specific
| 372 |
|
information in
the application, statement,
or other document | 373 |
|
involved. A copy
of
each signed release of information form shall | 374 |
|
be kept in the file
of the
applicant, recipient, or former | 375 |
|
recipient kept by the
commission. The release
of information | 376 |
|
form shall specify the
following items:
| 377 |
| (2) A law enforcement officer may obtain an application,
| 385 |
|
statement, or
document as described in division (B) of this
| 386 |
|
section pursuant to an
investigation by a law enforcement
| 387 |
|
authority, upon the issuance of a court
order established upon
| 388 |
|
reasonable grounds that the information contained in
the
| 389 |
applicatonapplication, statement, or document is relevant to a | 390 |
|
suspected
violation of
law.
| 391 |
| (ii) Disclosure of the application, statement, or document
| 399 |
|
serves
the interests of justice, because the need of the party
| 400 |
|
requesting the
information within the application, statement, or
| 401 |
|
document outweighs the
privacy interest of the applicant,
| 402 |
|
recipient, or former recipient of financial
assistance under
| 403 |
|
sections 5901.01 to 5901.15 of the Revised Code.
| 404 |
Sec. 5902.01. There is hereby established within the office
| 418 |
of the governor
the governor's office of veterans affairs. The
| 419 |
governor shall appoint, with
the advice and consent of the senate,
| 420 |
a chief executive assistant, whoThe person appointed to the | 421 |
|
position of director of veterans services shall
be an honorably | 422 |
|
discharged
or honorably separated veteran of the United States
| 423 |
armed forces,
to be known as director of the governor's office of | 424 |
veterans
affairs. The governor's officedepartment of veterans | 425 |
affairsservices
shall employ such other
administrative and | 426 |
|
technical
personnel as
are necessary to perform the general
and | 427 |
specific
duties of the
officedepartment. The administrative | 428 |
assistants
and
technical
personnel shall be honorably discharged | 429 |
or
honorably separated
veterans of the United States
armed | 430 |
forces,
and shall be employed
in the classified service and
not | 431 |
be
considered employees of the
governor's office for purposes of | 432 |
division
(A)(16) of section
124.11 or division (B)(2) of section
| 433 |
124.14 of the Revised Code.
Each individual employed in the
| 434 |
clerical staff shall be an
honorably discharged or honorably | 435 |
separated veteran or, if a
qualified
veteran is not available, | 436 |
the spouse, surviving spouse,
child, or parent of an
honorably | 437 |
discharged or honorably separated
veteran, and shall be
employed | 438 |
in the classified service and not
be considered an employee of | 439 |
the
governor's office for purposes of
division (A)(16) of section | 440 |
124.11
of the Revised Code.For positions within the department, | 441 |
|
the director shall adopt rules under Chapter 119. of the Revised | 442 |
|
Code establishing a program, which the director shall implement, | 443 |
|
giving hiring
preferences to veterans. | 444 |
| (G) Developing and monitoring programs and agreements to
| 470 |
|
enable state agencies, individually or jointly, that provide
| 471 |
|
services to veterans, including the
veterans'
homes
operated under
| 472 |
|
Chapter 5907. of the Revised Code and the director
of job and
| 473 |
|
family
services, to address homelessness, indigency,
employment,
| 474 |
|
and
other veteran-related issues;
| 475 |
| (I) Publishing annually, promulgating change notices for,
and
| 478 |
|
distributing a listing of county veterans service officers,
county
| 479 |
|
veterans service commissioners, state directors of
veterans
| 480 |
|
affairs, and national and state service officers of
accredited
| 481 |
|
veterans organizations and their state headquarters.
The listing
| 482 |
|
shall include the expiration dates of commission
members' terms of
| 483 |
|
office and the organizations they represent;
the names, addresses,
| 484 |
|
and telephone numbers of county veterans
service officers and
| 485 |
|
state directors of veterans affairs; and the
addresses and
| 486 |
|
telephone numbers of the Ohio offices and
headquarters of state
| 487 |
|
and national veterans service
organizations.
| 488 |
| (K) Establishing a veterans advisory committee to advise
and
| 496 |
assist the governor's officedepartment of veterans affairs | 497 |
| services in its
duties.
Members
shall include a state | 498 |
|
representative of
congressionally
chartered veterans | 499 |
|
organizations referred to in
section 5901.02
of
the Revised | 500 |
|
Code, a representative of any other
congressionally
chartered | 501 |
|
state veterans organization that has at
least one
veterans | 502 |
|
service commissioner in the state, three
representatives
of the | 503 |
|
Ohio state association of county veterans
service
commissioners, | 504 |
|
who shall have a combined vote of one,
three
representatives of | 505 |
|
the state association of county veterans
service officers, who | 506 |
|
shall have a combined vote of one, one
representative of the | 507 |
|
county commissioners association of Ohio,
who shall be a county | 508 |
|
commissioner not from the same county as
any
of the other county | 509 |
|
representatives, a representative of the
advisory committee on | 510 |
|
women veterans, a representative of a labor organization, and a | 511 |
|
representative
of
the
office of the attorney general. The | 512 |
governor's officedepartment
of
veterans
affairsservices shall | 513 |
|
submit to the advisory
committee
proposed rules for
the | 514 |
|
committee's operation. The
committee may
review and revise
these | 515 |
|
proposed rules prior
to
submitting them
to the joint
committee | 516 |
|
on agency rule review.
| 517 |
| (L) Adopting, with the advice and assistance of the
veterans
| 518 |
|
advisory committee, policy and procedural
guidelines that the
| 519 |
|
veterans service commissions shall adhere to in the
development
| 520 |
|
and implementation of rules, policies, procedures,
and guidelines
| 521 |
|
for the administration of Chapter 5901. of the
Revised Code. The
| 522 |
governor's officedepartment of veterans affairsservices shall
| 523 |
|
adopt no
guidelines or
rules regulating the purposes, scope,
| 524 |
|
duration, or
amounts of
financial assistance provided to
| 525 |
|
applicants pursuant to
sections
5901.01 to 5901.15 of the | 526 |
Revised
Code. The director of
the
governor's office of veterans | 527 |
affairsservices
may obtain opinions from
the
office of the | 528 |
|
attorney general
regarding rules, policies,
procedures, and | 529 |
|
guidelines of the
veterans service commissions and
may enforce | 530 |
|
compliance with
Chapter 5901. of the Revised Code.
| 531 |
| (N) Developing and maintaining and improving a resource, such
| 537 |
|
as a telephone answering point or a web site, by means of which
| 538 |
|
veterans and their dependents, through a single portal, can access
| 539 |
|
multiple sources of information and interaction with regard to the
| 540 |
|
rights of, and the benefits available to, veterans and their
| 541 |
|
dependents. The director of veterans services may enter into
| 542 |
|
agreements with state and federal agencies, with agencies of
| 543 |
|
political subdivisions, with state and local instrumentalities,
| 544 |
|
and with private entities as necessary to make the resource as
| 545 |
|
complete as is possible. | 546 |
| (O) Planning, organizing, advertising, and conducting
| 547 |
|
outreach efforts, such as conferences and fairs, at which veterans
| 548 |
|
and their dependents may meet, learn about the organization and
| 549 |
|
operation of the department of veterans services and of veterans
| 550 |
|
service commissions, and obtain information about the rights of,
| 551 |
|
and the benefits and services available to, veterans and their
| 552 |
|
dependents; | 553 |
| (R) Searching for, identifying, and reviewing statutory and
| 560 |
|
administrative policies that relate to veterans and their
| 561 |
|
dependents and reporting to the general assembly statutory and
| 562 |
|
administrative policies that should be consolidated in whole or in
| 563 |
|
part within the organization of the department of veterans | 564 |
|
services
to unify funding, delivery, and accounting of statutory | 565 |
|
and
administrative policy expressions that relate particularly | 566 |
|
to
veterans and their dependents; | 567 |
| The director may prepare and maintain files of such
| 603 |
|
microfilmed certificates of discharge and separation in such
| 604 |
|
manner that they may readily be available for the use of the
| 605 |
governor's officedepartment of veterans affairsservices, | 606 |
|
authorized
veterans service officers of the several
| 607 |
|
congressionally chartered
veterans organizations, and county
| 608 |
|
veterans service officers of
the several counties of the state
| 609 |
|
in support of applications for
compensation, pension, medical, | 610 |
|
or
domiciliary care, or other
state and federal benefits | 611 |
|
provided
for eligible veterans or their
dependents or survivors.
| 612 |
Sec. 5902.04. (A) Upon application, the director of the
| 619 |
governor's
office of
veterans affairsservices shall furnish | 620 |
|
necessary
instructions and advice to the
veterans of the state, | 621 |
|
their heirs,
or their legal representatives, respecting
their | 622 |
|
claims against
the United States or the state for
pensions,
| 623 |
|
bounty, bonus, back
pay, or otherwise, by reason of military | 624 |
service, and
perform
other duties that the governor requires.
| 625 |
| (C)(1) No information or documents obtained by examinations
| 635 |
|
conducted under division (B) of this section shall be considered
| 636 |
part
of the public records of the governor's officedepartment of
| 637 |
veterans affairsservices. The
director may disclose
information | 638 |
|
or
documents that the director obtains pursuant to an | 639 |
|
examination
conducted under division (B) of this section and that | 640 |
|
personally
identify an applicant, recipient, or former recipient | 641 |
|
described in
that
division, if either of the following applies:
| 642 |
Sec. 5902.08. The director of the governor's office of | 660 |
veterans affairsservices, or
any employee thereof, shall not | 661 |
|
receive
directly or indirectly a fee or reward
of any kind from | 662 |
|
a claimant
or other person for services rendered or to be
| 663 |
rendered, relating
to a duty required of himthe director or
| 664 |
|
employee under sections
5902.01 to 5902.07
of the Revised Code, | 665 |
|
or in any manner connected
therewith.
| 666 |
| Sec. 5902.09. The person in charge of a state agency or
| 667 |
|
instrumentality, an agency or instrumentality of a political
| 668 |
|
subdivision, or a private entity, such as a nursing home, that
| 669 |
|
provides law enforcement, health, or welfare services to
| 670 |
|
individuals, other than the Ohio veterans' home and veterans | 671 |
|
service organizations, shall ask an
individual with whom the | 672 |
|
agency, instrumentality, or entity
interacts if the individual | 673 |
|
is a veteran or is or was the
dependent of a veteran. If the | 674 |
|
individual claims to be such an
individual, the person in charge | 675 |
|
shall report the individual's
name, address, telephone number, | 676 |
|
and e-mail address; the agency's,
instrumentality's, or entity's | 677 |
|
name, address, telephone number,
and e-mail address; the nature | 678 |
|
of the agency's, instrumentality's,
or entity's interaction with | 679 |
|
the individual; and the date on which
the interaction occurred | 680 |
|
to the director of veterans services. The
director shall inform | 681 |
|
the veterans service commission having
jurisdiction about the | 682 |
|
veteran or dependent and the interaction.
The commission shall | 683 |
|
inquire about, and offer benefits and
services appropriate to, | 684 |
|
the veteran or dependent. | 685 |
| Sec. 5902.15. (A) If the president of the United
States
| 686 |
|
indicates that national guard or reserve forces with
headquarters
| 687 |
|
in this
state may be called to active military duty, the governor
| 688 |
or the
director of the governor's office of veterans
affairs | 689 |
| services shall
convene, not later than ten days after all its
| 690 |
|
members are
appointed, a military activation task force to
| 691 |
|
determine whether
federal, state, and county agencies have
| 692 |
|
prepared proper support
mechanisms for that military activation. | 693 |
|
The
task force shall
prepare and publish a report stating | 694 |
|
whether
these mechanisms have
been prepared and what further | 695 |
|
actions need
to be taken to support
that military activation.
| 696 |
| (B) The Ohio veterans hall of fame shall have an executive
| 753 |
|
committee composed of thirteen members, all of whom shall be
| 754 |
veterans. The director of the governor's office of veterans
| 755 |
affairsservices shall be an ex officio member. The governor's | 756 |
officedepartment of veterans affairs'services' veterans | 757 |
|
advisory committee, the
advisory committee on women veterans, | 758 |
|
the Ohio veterans hall of
fame foundation, the Veterans of | 759 |
|
Foreign Wars, the Disabled
American Veterans, the AMVETS, the | 760 |
|
Vietnam Veterans of America,
and the American Legion shall each | 761 |
|
appoint one member.
| 762 |
| The Ohio veterans hall of fame executive committee shall
| 763 |
|
appoint its final four members, one of whom shall be from any
| 764 |
|
veterans organization that is incorporated in this state and that
| 765 |
|
is not otherwise represented on the executive committee, one of
| 766 |
|
whom was inducted into the veterans hall of fame three years
| 767 |
|
before the current fiscal year, one of whom was inducted into the
| 768 |
|
veterans hall of fame two years before the current fiscal year,
| 769 |
|
and one of whom was inducted into the veterans hall of fame one
| 770 |
|
year before the current fiscal year.
| 771 |
| (F) The Ohio veterans hall of fame executive committee shall
| 786 |
|
elect a chairperson and vice-chairperson from its membership. It
| 787 |
|
shall meet annually to select inductees for the veterans hall of
| 788 |
|
fame from the persons nominated in a manner prescribed by the
| 789 |
|
executive committee. The names of selected inductees shall be
| 790 |
|
submitted to the governor for final approval. The governor shall
| 791 |
|
provide any final approval within thirty days after the executive
| 792 |
|
committee submits the names of the selected inductees. The
| 793 |
|
governor may reject any of the selected inductees for cause, but
| 794 |
|
shall not make any additions to the list of those inductees.
| 795 |
| (G) Except as otherwise provided in this division, all state
| 796 |
|
elected officials, members of the general assembly, members of the
| 797 |
|
Ohio veterans hall of fame foundation, members of the veterans
| 798 |
|
hall of fame executive committee, members of the governor's staff,
| 799 |
|
members of the veterans hall of fame staff, and members of any
| 800 |
county veterans service commission, and the director of the
| 801 |
governor's office of veterans affairsservices, shall not be | 802 |
|
eligible for
induction into the veterans hall of fame until two | 803 |
|
years after
they have left their position. The executive | 804 |
|
committee may waive
the two-years requirement for nominees over | 805 |
|
the age of seventy.
| 806 |
Sec. 5907.02. The board of trustees of the Ohio veterans'
| 818 |
home
agency,
which is hereby created, shall consist
of seven
| 819 |
members whodirector of veterans services shall
govern the Ohio | 820 |
|
veterans' home agency and
have charge and
custody of
the
agency's | 821 |
facilities. The members
shall be
the director of
administrative | 822 |
services or that
director's
designee,
the director
of aging or | 823 |
that director's
designee, and
five members
who shall
be
appointed | 824 |
by the governor
with the
advice and consent of the
senate. All the | 825 |
members of the
board
appointed by the governor
shall be veterans | 826 |
of wars in which
the
United States has
participated, and not more | 827 |
than three of the
members shall be of
the same political party. | 828 |
The trustees shall
serve without
compensation, but they shall be | 829 |
allowed their actual
expenses
incurred in the discharge of their | 830 |
duties. Each year,
the governor
shall appoint one trustee. The | 831 |
term of office for
each member
of
the board shall be for five
| 832 |
years, commencing on
the first day of
July and ending on the
| 833 |
thirtieth day of June.
Each member shall
hold office from the
| 834 |
date of that member's
appointment until the
end of the term for
| 835 |
which the member was
appointed. Any member
appointed to fill a | 836 |
vacancy
occurring
prior
to the expiration of
the term for which | 837 |
that member's predecessor
was
appointed shall
hold office for the | 838 |
remainder of that term.
Any
member shall
continue in office | 839 |
subsequent to the expiration
date
of that
member's term until | 840 |
the
member's successor takes
office, or until
a period
of sixty | 841 |
days
has elapsed, whichever
occurs first. The
boarddirector | 842 |
|
shall
govern, conduct, and care for
veterans' homes, the
| 843 |
|
property
of
the
homes, and the
veterans residing in the
home.
| 844 |
The boarddirector shall appoint a superintendent
of the
Ohio
| 850 |
|
veterans' home
agency upon
any terms that are proper, and
the
| 851 |
superintendent, with
the advice and consent of the boarddirector,
| 852 |
|
shall
employ aides, assistants,
and employees, and perform other
| 853 |
duties
that may be
assigned to the superintendent by the board | 854 |
| director or
become
necessary in the
carrying out of
the | 855 |
|
superintendent's
duties. The
superintendent shall be
responsible | 856 |
directly to the
boarddirector.
| 857 |
| Subject to section 5907.021 of the Revised Code, the
| 865 |
|
superintendent shall
appoint a chief of police
of the
Ohio
| 866 |
|
veterans'
home
agency, determine the number of officers
and other
| 867 |
|
personnel
required by
each veterans' home, and
establish
salary
| 868 |
|
schedules and other
conditions of employment for
veterans'
homes
| 869 |
|
police officers. The
chief of police
shall
serve at the pleasure
| 870 |
|
of the superintendent
and shall
appoint
officers and other
| 871 |
|
personnel as the
veterans' homes
may
require, subject to the rules
| 872 |
|
and limits that the
superintendent
establishes regarding
| 873 |
|
qualifications, salary
ranges, and the
number of personnel. The
| 874 |
superintendent, with the
approval of
the
boarddirector, may | 875 |
|
purchase or
otherwise acquire any
police
apparatus,
equipment, or | 876 |
|
materials,
including a police
communication system
and vehicles, | 877 |
|
that
the
veterans'
homes
police officers
may require. The | 878 |
|
superintendent
may send
one or more
of the
officers or employees | 879 |
|
nominated by the
police
chief to a
school of
instruction designed | 880 |
|
to provide
additional
training or
skills
related to their work | 881 |
|
assignment at
their
veterans' home. The
superintendent may send | 882 |
|
those officers
or
employees to the Ohio
peace officer training | 883 |
|
academy that the
superintendent considers
appropriate.
| 884 |
| Sec. 5907.03. The management and control of
veterans'
homes | 903 |
|
shall be
subject to such inspection and
supervision as the | 904 |
|
congress of the United
States
may require as a
condition of making | 905 |
|
appropriations for
their maintenance. A
person appointed or | 906 |
|
designated by congress may make such
inspection and
exercise such | 907 |
|
supervision, and, if so required by
congress,
the
person may have | 908 |
and
exercise the privileges of a
member of the board of trustees | 909 |
of the Ohio veterans' home agencythe director of veterans | 910 |
|
services. | 911 |
Sec. 5907.04. AllSubject to the following paragraph, all | 912 |
|
members of the armed forces, who served
in
the regular or | 913 |
|
volunteer forces of the United States or the
Ohio
national guard | 914 |
|
or members of the naval militia during the
war with
Spain, the | 915 |
|
Philippine insurrection, the China relief
expedition,
the Indian | 916 |
|
war, the Mexican expedition, World War I,
World War II,
or during | 917 |
|
the period beginning June 25, 1950 and
ending July 19,
1953,
known | 918 |
|
as the Korean
conflict, or during
the period beginning
August 5, | 919 |
|
1964, and
ending July 1, 1973,
known as the Vietnam
conflict, or | 920 |
|
any person who is
awarded either the armed forces
expeditionary | 921 |
|
medal established by
presidential executive order
10977 dated | 922 |
|
December 4, 1961, or the
Vietnam service medal
established by | 923 |
|
presidential executive order
11231 dated July 8,
1965, who have | 924 |
|
been honorably discharged or
separated under
honorable conditions | 925 |
|
therefrom, or any discharged
members of the
Polish and | 926 |
|
Czechoslovakian armed forces who served
in armed
conflict with an | 927 |
|
enemy of the United States in World War
I or
World War II who have | 928 |
|
been citizens of the United States for
at
least ten years, | 929 |
|
provided that the above-mentioned persons have
been citizens of
| 930 |
|
this state for five consecutive years or
more at
the
date of | 931 |
|
making application for admission, are disabled
by
disease, wounds, | 932 |
|
or otherwise, and are by reason of such
disability incapable of | 933 |
|
earning their living, and all members of
the Ohio national guard | 934 |
|
or naval militia who have lost an arm or
leg, or their sight, or | 935 |
|
become permanently disabled from any
cause, while in the line and | 936 |
|
discharge of duty, and are not able
to support themselves, may be | 937 |
admitted to
a veterans'
home
under
such rules as
the board of | 938 |
trustees
of the Ohio
veterans' home
agencydirector of veterans | 939 |
|
services adopts. | 940 |
| The superintendent of the
Ohio veterans' home
agency
shall | 946 |
|
promptly and
diligently pursue the establishment of the | 947 |
|
eligibility for
medical assistance under Chapter 5111. of the | 948 |
|
Revised Code of all
persons admitted to
a veterans' home and
all | 949 |
|
residents of
a home who
appear to qualify and shall
promptly and | 950 |
|
diligently pursue and
maintain the certification of
each home's | 951 |
|
compliance with federal
laws and regulations
governing | 952 |
|
participation in the medical
assistance program to
include as | 953 |
|
large as possible a part of the
home's bed capacity. | 954 |
|
Veterans' homes may reserve a bed
during the
temporary | 955 |
|
absence of a resident or patient from the
home,
including
a | 956 |
nursing home
within it,
under conditions
prescribed by the board | 957 |
of trusteesdirector,
to include hospitalization for an acute | 958 |
|
condition,
visits with
relatives and friends, and participation in | 959 |
|
therapeutic programs
outside the
home.
A home shall
not reserve a | 960 |
|
bed for more
than thirty days, except that absences
for more than | 961 |
|
thirty days
due to hospitalization may be
authorized. | 962 |
| Sec. 5907.11. (A) The superintendent of the Ohio veterans' | 963 |
home
agency, with the
approval of the board of trustees of
the
| 964 |
agencydirector of veterans services, may establish a
local fund | 965 |
|
for each veterans'
home to
be used for the entertainment and | 966 |
|
welfare of the residents
of
the
home.
Each fund shall be | 967 |
|
designated as the residents'
benefit
fund
and shall be operated | 968 |
|
for the exclusive benefit of
the
residents of the
associated
home.
| 969 |
|
Each fund shall receive
all
revenue from the sale of commissary | 970 |
|
items
at the associated
home
and shall receive all moneys received | 971 |
|
as donations
by the
associated home from any source. | 972 |
Sec. 5907.12. The board of trustees of the Ohio veterans' | 979 |
home
agencydirector of veterans services may utilize
the services | 980 |
|
of
volunteers to
assist in
attending to and caring for residents, | 981 |
|
assisting in
resident
activities, caring for
veterans' homes' | 982 |
|
buildings and
grounds, and
participating in any other services | 983 |
that accomplish
any of the board'sdirector's purposes related to | 984 |
veterans' homes. All volunteer
programs are subject
to the board's | 985 |
director's approval. The
boarddirector may
recruit, train, and | 986 |
|
supervise the services of community volunteers
or volunteer groups | 987 |
for volunteer programs. The boarddirector may
designate | 988 |
|
volunteers as
state employees for the purpose of motor
vehicle | 989 |
|
accident
liability insurance under section 9.83 of the
Revised | 990 |
|
Code and for
the purpose
of indemnification from liability | 991 |
|
incurred in the
performance of their duties
under section 9.87 of | 992 |
|
the Revised
Code. | 993 |
| Sec. 5907.13. Residents of
veterans'
homes may
be
assessed a | 994 |
|
fee to pay a portion of the expenses of their
support,
dependent | 995 |
|
upon their ability to pay. Subject to
controlling
board approval, | 996 |
the board of trustees of the
Ohio
veterans' home
agencydirector | 997 |
|
of veterans services shall adopt rules for determining a | 998 |
resident's
ability to pay.
Each resident shall furnish the board | 999 |
of trusteesdirector statements
of income, assets, debts, and | 1000 |
expenses that
the boarddirector requires. | 1001 |
| All fees contributed by the residents under this section | 1002 |
|
shall be
deposited into an interest-bearing account in a public | 1003 |
|
depository
in accordance with section 135.18 of the Revised Code. | 1004 |
|
All of
these fees shall be paid to the treasurer of state within | 1005 |
|
thirty days
after the end of the month of receipt, together with | 1006 |
|
all interest
credited to the account to date. The treasurer of | 1007 |
|
state shall
credit eighty per cent of these fees and of this | 1008 |
|
interest
to the Ohio veterans'
homes operating fund and
twenty per | 1009 |
|
cent of these fees and of this interest to the Ohio
veterans'
| 1010 |
|
homes
fund. | 1011 |
| The fee for each resident shall be based
upon the level of | 1012 |
care provided to the resident by the
resident's home. The board
of | 1013 |
trusteesdirector shall determine authorized levels of care for | 1014 |
|
residents.
The assessment for each resident shall not exceed the | 1015 |
|
difference
between the total per diem amount collected by the | 1016 |
|
state for
maintenance from all sources on the resident's behalf | 1017 |
|
and the
average annual per diem cost for the resident's | 1018 |
|
maintenance,
computed in accordance with veterans administration | 1019 |
|
regulations. | 1020 |
| (B) Any resident of
a veterans' home whom the
United States | 1027 |
|
department of veterans affairs determines to have
excess income or | 1028 |
|
assets, or is denied per diem for any reason by the United States | 1029 |
|
department of veterans affairs, therefore rendering the home | 1030 |
|
ineligible
to collect per
diem grant reimbursement for days of | 1031 |
|
care provided
to that
resident,
may be required to pay, in | 1032 |
|
addition to the
fees assessed
under section 5907.13 of the Revised | 1033 |
|
Code, an amount
equal to the
rate of per diem grant that the | 1034 |
|
department denied for
that particular
resident. Any amount that | 1035 |
|
the resident pays under
this
division shall be collected and | 1036 |
|
distributed in the same
manner as
the fees assessed under section | 1037 |
|
5907.13 of the Revised
Code. | 1038 |
| Sec. 5910.02. There is hereby created an Ohio war orphans
| 1039 |
scholarship board consistingas part of the department of veterans
| 1040 |
services. The board consists of seveneight members as follows: | 1041 |
|
the
chancellor of the Ohio board of regents or the chancellor's
| 1042 |
|
designee; the director of veterans services or the director's
| 1043 |
|
designee; one
member of the house of
representatives, appointed by
| 1044 |
|
the speaker; one
member of the senate, appointed by the president
| 1045 |
|
of the senate;
and four members appointed by the governor, one of
| 1046 |
|
whom shall be
a representative of the American Legion, one of whom
| 1047 |
|
shall be a representative of
the Veterans of Foreign Wars, one of
| 1048 |
|
whom shall be a
representative of
the Disabled American Veterans,
| 1049 |
|
and one of whom shall be a
representative of the AMVETS. At least
| 1050 |
|
ninety days prior to the
expiration of
the term
of office of the
| 1051 |
|
representative of a veterans organization
appointed by the
| 1052 |
|
governor, the governor shall notify the state
headquarters of the
| 1053 |
|
affected organization of the need for an
appointment and request
| 1054 |
|
the organization to make at least three
nominations. Within sixty
| 1055 |
|
days after making the request for
nominations, the governor may
| 1056 |
|
make the appointment from the
nominations received, or may reject
| 1057 |
|
all the nominations and
request at least three new nominations,
| 1058 |
|
from which the governor
shall make an appointment within thirty
| 1059 |
|
days after making the
request for the new nominations. If the
| 1060 |
|
governor receives no
nominations during this thirty-day period,
| 1061 |
|
the governor may
appoint any veteran.
| 1062 |
| Terms of office for the four members appointed by the
| 1063 |
|
governor shall be for four years, commencing on the first day of
| 1064 |
|
January and ending on the thirty-first day of December, except
| 1065 |
|
that the term of the
AMVETS representative shall expire December
| 1066 |
|
31,
1998, and the new
term that succeeds it shall commence on
| 1067 |
|
January 1, 1999, and end
on December 31, 2002. Each member shall
| 1068 |
|
hold office from
the
date of the member's appointment until the
| 1069 |
|
end of the term
for which the member was appointed. The other
| 1070 |
|
members shall
serve during their terms
of office. Any vacancy
| 1071 |
|
shall be filled by appointment in the
same manner as by original
| 1072 |
|
appointment. Any member appointed to
fill a vacancy occurring
| 1073 |
|
prior to the expiration of the term for
which the member's
| 1074 |
|
predecessor was appointed shall hold
office for the
remainder of
| 1075 |
|
such term. Any appointed member shall continue in
office
| 1076 |
|
subsequent to the expiration date of the member's
term until the
| 1077 |
|
member's successor takes office, or until a
period of sixty days
| 1078 |
|
has
elapsed, whichever occurs first. The members of the board
| 1079 |
|
shall
serve without pay but shall be reimbursed for travel
| 1080 |
|
expenses and
for other actual and necessary expenses incurred in
| 1081 |
|
the
performance of their duties, not to exceed ten dollars per day
| 1082 |
|
for ten days in any one year to be appropriated out of any moneys
| 1083 |
|
in the state treasury to the credit of the general revenue fund.
| 1084 |
| Section 2. That existing sections 121.02, 121.03, 3313.616,
| 1093 |
|
5901.02, 5901.021, 5901.07, 5901.09, 5902.01, 5902.02, 5902.03,
| 1094 |
|
5902.04, 5902.06, 5902.07, 5902.08, 5902.15, 5904.01,
5907.01, | 1095 |
|
5907.02, 5907.022, 5907.023, 5907.03, 5907.04, 5907.11,
5907.12, | 1096 |
|
5907.13, 5907.141, and 5910.02 of the Revised Code are hereby
| 1097 |
|
repealed.
| 1098 |
| Section 5. On the effective date of this section, the
| 1103 |
|
Governor's Office of Veterans Affairs is abolished and its
| 1104 |
|
functions, and its assets and liabilities, are transferred to the
| 1105 |
|
Department of Veterans Services. The Department of Veterans | 1106 |
|
Services
is successor to, assumes the obligations and authority | 1107 |
|
of, and
otherwise continues the Governor's Office of Veterans | 1108 |
|
Affairs. No
right, privilege, or remedy, and no duty, liability, | 1109 |
|
or
obligation, accrued under the Governor's Office of Veterans
| 1110 |
|
Affairs is impaired or lost by reason of the transfer and shall be
| 1111 |
|
recognized, administered, performed, or enforced by the Department
| 1112 |
|
of Veterans Services.
| 1113 |
| All the rules, orders, and determinations of the Governor's
| 1121 |
|
Office of Veterans Affairs continue in effect as rules, orders,
| 1122 |
|
and determinations of the Department of Veterans Services, until
| 1123 |
|
modified or rescinded by the Department of Veterans Services. If
| 1124 |
|
necessary to ensure the integrity of the numbering of the
| 1125 |
|
Administrative Code, the Director of the Legislative Service
| 1126 |
|
Commission shall renumber the rules of the Governor's Office of
| 1127 |
|
Veterans Affairs to reflect their transfer to the Department of
| 1128 |
|
Veterans Services.
| 1129 |
| No pending action or proceeding being prosecuted or defended
| 1149 |
|
in court or before an agency by the Governor's Office of Veterans
| 1150 |
|
Affairs or the Director of the Governor's Office of Veterans
| 1151 |
|
Affairs is affected by the transfer and shall be prosecuted or
| 1152 |
|
defended in the name of Department of Veterans Services or the
| 1153 |
|
Director of Veterans Services, whichever is appropriate. Upon
| 1154 |
|
application to the court or agency, the Department of Veterans
| 1155 |
|
Services or the Director of Veterans Services shall be substituted
| 1156 |
|
as a party.
| 1157 |
| Section 6. On the effective date of this section, the Ohio | 1158 |
|
Veterans' Home Agency is abolished and its functions, and its | 1159 |
|
assets and liabilities, are transferred to the Department of | 1160 |
|
Veterans Services. The Department of Veterans Services is | 1161 |
|
successor
to, assumes the obligations and authority of, and | 1162 |
|
otherwise
continues the Ohio Veterans' Home Agency. No right, | 1163 |
|
privilege, or
remedy, and no duty, liability, or obligation, | 1164 |
|
accrued under the
Ohio Veterans' Home Agency is impaired or lost | 1165 |
|
by reason of the
transfer and shall be recognized, administered, | 1166 |
|
performed, or
enforced by the Department of Veterans Services. | 1167 |
| All the rules, orders, and determinations of the Ohio | 1174 |
|
Veterans' Home Agency or its Board of Trustees continue in effect | 1175 |
|
as rules, orders, and determinations of the Department of Veterans | 1176 |
|
Services, until modified or rescinded by the Department of | 1177 |
|
Veterans
Services. If necessary to ensure the integrity of the | 1178 |
|
numbering of
the Administrative Code, the Director of the | 1179 |
|
Legislative Service
Commission shall renumber the rules of the | 1180 |
|
Ohio Veterans' Home
Agency or its Board of Trustees to reflect | 1181 |
|
their transfer to the
Department of Veterans Services. | 1182 |
| No pending action or proceeding being prosecuted or defended | 1200 |
|
in court or before an agency by the Ohio Veterans' Home Agency or | 1201 |
|
its Board of Trustees is affected by the transfer and shall be | 1202 |
|
prosecuted or defended in the name of the Department of Veterans | 1203 |
|
Services or the Director of Veterans Services, whichever is | 1204 |
|
appropriate.
Upon application to the court or agency, the | 1205 |
|
Department of
Veterans Services or the Director of Veterans | 1206 |
|
Services shall be
substituted as a party. | 1207 |