Section 1. That sections 123.024, 141.02, 2108.72, 2108.73, | 24 |
3313.616, 3721.50, 4503.46, 5111.21, 5533.785, 5902.02, 5907.01, | 25 |
5907.02, 5907.021, 5907.04, 5907.08, 5907.10, 5907.11, 5907.12, | 26 |
5907.13, 5911.10, 5913.01, 5913.011, 5913.02, 5913.021, 5919.06, | 27 |
5919.26, 5919.28, 5919.29, 5919.34, 5923.05, and 5924.136 of the | 28 |
Revised Code be amended to read as follows: | 29 |
(B) The adjutant general, the assistant adjutant general for | 49 |
army, the assistant adjutant general for air, and the assistant | 50 |
quartermaster general shall receive the basic allowances for | 51 |
quarters and for subsistence of their rank according to the pay at | 52 |
the time prescribed for the armed forces of the United States, | 53 |
except that the assistant adjutant general for air shall not | 54 |
receive flying pay. The adjutant general shall not receive any | 55 |
flying pay, even if the adjutant general is an officer in the air | 56 |
national guard. | 57 |
(C) The adjutant general, assistant adjutant general for | 58 |
army, and the assistant adjutant general for air may take a leave | 59 |
of absence from their respective positions without loss of pay for | 60 |
the time they are performing service in the uniformed service as | 61 |
required by their federally recognized officer status. These | 62 |
positions shall not accrue leave as other permanent state | 63 |
employees do but shall accrue leave and record usage of leave as | 64 |
if these positions were those of the administrative department | 65 |
heads listed in section 121.03 of the Revised Code. | 66 |
(D) If the assistant quartermaster general is a federally | 67 |
recognized officer, the assistant quartermaster general may take a | 68 |
leave of absence from the position without loss of pay for the | 69 |
time the assistant quartermaster general is performing service in | 70 |
the uniformed service as required by the person's federally | 71 |
recognized officer status and the assistant quartermaster general | 72 |
shall not accrue leave as other permanent state employees do but | 73 |
shall accrue leave and record usage of leave as if the assistant | 74 |
quartermaster general were an administrative department head | 75 |
listed in section 121.03 of the Revised Code. If the assistant | 76 |
quartermaster general is not a federally recognized officer, the | 77 |
assistant quartermaster general shall accrue leave as other | 78 |
permanent state employees do. | 79 |
(E) Notwithstanding Chapter 102. of the Revised Code and any | 80 |
other provision of law, the adjutant general, assistant adjutant | 81 |
general for army, assistant adjutant general for air, and | 82 |
assistant quartermaster general may retain, in addition to any | 83 |
state compensation, any federal pay, allowances, and compensation | 84 |
received because of any federally recognized officer status. | 85 |
I, ................. (legal name and present address of | 133 |
declarant), an adult being of sound mind, willfully and | 134 |
voluntarily appoint my representative, named below, to have the | 135 |
right of disposition, as defined in section 2108.70 of the Revised | 136 |
Code, for my body upon my death. All decisions made by my | 137 |
representative with respect to the right of disposition shall be | 138 |
binding. | 139 |
By signing below, the representative, or successor | 203 |
representative, if applicable, acknowledges that he or she, as | 204 |
representative or successor representative, assumes the right of | 205 |
disposition as defined in section 2108.70 of the Revised Code, and | 206 |
understands that he or she is liable for the reasonable costs of | 207 |
exercising the right, including any goods and services that are | 208 |
purchased. | 209 |
I attest that the declarant signed or acknowledged this | 222 |
assignment of the right of disposition under section 2108.70 of | 223 |
the Revised Code in my presence and that the declarant is at least | 224 |
eighteen years of age and appears to be of sound mind and not | 225 |
under or subject to duress, fraud, or undue influence. I further | 226 |
attest that I am not the declarant's representative or successor | 227 |
representative, I am at least eighteen years of age, and I am not | 228 |
related to the declarant by blood, marriage, or adoption. | 229 |
On ..............., before me, the undersigned notary public, | 248 |
personally appeared ................., known to me or | 249 |
satisfactorily proven to be the person whose name is subscribed as | 250 |
the declarant, and who has acknowledged that he or she executed | 251 |
this written declaration under section 2108.70 of the Revised Code | 252 |
for the purposes expressed in that section. I attest that the | 253 |
declarant is at least eighteen years of age and appears to be of | 254 |
sound mind and not under or subject to duress, fraud, or undue | 255 |
influence. | 256 |
(C) Completion of a federal Record of Emergency Data form, DD | 261 |
Form 93, or its successor form, by a member of the military, is | 262 |
sufficient to constitute a written declaration under section | 263 |
2108.70 of the Revised Code if section 13a of DD Form 93, entitled | 264 |
"Person Authorized to Direct Disposition," has been properly | 265 |
completed by the member of the military who has subsequently died | 266 |
while under active duty orders as described in 10 U.S.C. 1481. | 267 |
Sec. 3313.616. (A) Notwithstanding the requirements of | 278 |
sections 3313.61, 3313.611, and 3313.612 of the Revised Code, the | 279 |
board of education of any city, exempted village, or local school | 280 |
district or the governing authority of any chartered nonpublic | 281 |
school may grant a high school diploma to any veteran of World War | 282 |
II, the Korean conflict, or the Vietnam conflict who is a resident | 283 |
of this state or who was previously enrolled in any high school in | 284 |
this state if all of the following apply: | 285 |
(B) Notwithstanding the requirements of sections 3313.61, | 299 |
3313.611, and 3313.612 of the Revised Code, the board of education | 300 |
of any city, exempted village, or local school district or the | 301 |
governing authority of any chartered nonpublic school may grant a | 302 |
high school diploma to any woman who left high school during World | 303 |
War II, the Korean conflict, or the Vietnam conflict and who is a | 304 |
resident of this state or was previously enrolled in any high | 305 |
school in this state, if both of the following apply: | 306 |
(D) The department of veterans services, in accordance with | 323 |
section 111.15 of the Revised Code, and with the advice and | 324 |
consent of the veterans advisory committee established under | 325 |
division (K)(J) of section 5902.02 of the Revised Code, shall | 326 |
develop and adopt rules to implement this section. Such rules | 327 |
shall include, but not be limited to, rules establishing | 328 |
procedures for application and verification of eligible persons | 329 |
for a diploma under this section. | 330 |
Sec. 4503.46. (A) For the purposes of this section, | 410 |
"prisoner of war" means any regularly appointed, enrolled, | 411 |
enlisted, or inducted member of the military forces of the United | 412 |
States who was captured, separated, and incarcerated by an enemy | 413 |
of the United States at any time, and any regularly appointed, | 414 |
enrolled, or enlisted member of the military forces of Great | 415 |
Britain, France, any of the countries that comprised the former | 416 |
Union of Soviet Socialist Republics, Australia, Belgium, Brazil, | 417 |
Canada, China, Denmark, Greece, the Netherlands, New Zealand, | 418 |
Norway, Poland, South Africa, or any of the countries that | 419 |
comprised the former Yugoslavia who was a citizen of the United | 420 |
States at the time of such appointment, enrollment, or enlistment, | 421 |
and was captured, separated, and incarcerated by an enemy of this | 422 |
country during World War II. | 423 |
(B) Any person who has been a prisoner of war, or the spouse | 424 |
of such person, may apply to the registrar of motor vehicles for | 425 |
the registration of one passenger car, noncommercial motor | 426 |
vehicle, or other vehicle of a class approved by the registrar the | 427 |
person or spouse owns or leases. The application shall be | 428 |
accompanied by written evidence in the form of a record of | 429 |
separation, a letter from one of the armed forces of the United | 430 |
States or other country as provided in division (A) of this | 431 |
section, or other evidence as the registrar may require by rule, | 432 |
that the applicant or the applicant's spouse was a prisoner of war | 433 |
and was honorably discharged or is presently residing in this | 434 |
state on active duty with one of the branches of the armed forces | 435 |
of the United States, or was a prisoner of war and was honorably | 436 |
discharged or received an equivalent discharge or release from one | 437 |
of the armed forces of such other country. No person is eligible | 438 |
to receive special license plates under this section if the person | 439 |
or the person's spouse currently has registered one vehicle and | 440 |
obtained license plates under this section. | 441 |
Upon receipt of an application for registration of a motor | 442 |
vehicle under this section, and presentation of satisfactory | 443 |
evidence of such prisoner-of-war status, the registrar shall issue | 444 |
to the applicant the appropriate vehicle registration and a set of | 445 |
license plates. In addition to the letters and numbers ordinarily | 446 |
inscribed thereon, the license plates shall be inscribed with the | 447 |
words "FORMER POW." The license plates shall be issued without | 448 |
payment of any registration fee or service fee as required by | 449 |
division (B) of section 4503.04 and sections 4503.10 and 4503.102 | 450 |
of the Revised Code, and without payment of any applicable county, | 451 |
township, or municipal motor vehicle tax levied under Chapter | 452 |
4504. of the Revised Code. | 453 |
(C) The spouse of a deceased former prisoner of war who has | 454 |
not remarried, if the deceased person received or was eligible to | 455 |
receive special license plates issued under division (B) of this | 456 |
section, may apply to the registrar for the registration of the | 457 |
spouse's personal motor vehicle without the payment of any fee or | 458 |
tax as provided by division (B) of this section. The application | 459 |
for registration shall be accompanied by documentary evidence of | 460 |
the deceased person's status as a former prisoner of war and by | 461 |
any other evidence that the registrar requires by rule. | 462 |
(B) A state rule that requires the operator of an | 488 |
intermediate care facility for the mentally retarded to have | 489 |
received approval of a plan for the proposed facility pursuant to | 490 |
section 5123.042 of the Revised Code as a condition of the | 491 |
operator being eligible for medicaid payments for the facility | 492 |
does not apply if, under section 5123.193 or 5123.197 of the | 493 |
Revised Code, a residential facility license was obtained or | 494 |
modified for the facility without obtaining approval of such a | 495 |
plan. | 496 |
(G) Developing and monitoring programs and agreements to | 542 |
enable state agencies, individually or jointly, that provide | 543 |
services to veterans, including the veterans' homes operated under | 544 |
Chapter 5907. of the Revised Code and the director of job and | 545 |
family services, to address homelessness, indigency, employment, | 546 |
and other veteran-related issues;
| 547 |
(I) Publishing annually, promulgating change notices for, and | 550 |
distributing a listing of county veterans service officers, county | 551 |
veterans service commissioners, state directors of veterans | 552 |
affairs, and national and state service officers of accredited | 553 |
veterans organizations and their state headquarters. The listing | 554 |
shall include the expiration dates of commission members' terms of | 555 |
office and the organizations they represent; the names, addresses, | 556 |
and telephone numbers of county veterans service officers and | 557 |
state directors of veterans affairs; and the addresses and | 558 |
telephone numbers of the Ohio offices and headquarters of state | 559 |
and national veterans service organizations.
| 560 |
(K) Establishing a veterans advisory committee to advise and | 568 |
assist the department of veterans services in its duties. Members | 569 |
shall include a member of the military officers association of | 570 |
America who is a resident of this state, a state representative of | 571 |
congressionally chartered veterans organizations referred to in | 572 |
section 5901.02 of the Revised Code, a representative of any other | 573 |
congressionally chartered state veterans organization that has at | 574 |
least one veterans service commissioner in the state, three | 575 |
representatives of the Ohio state association of county veterans | 576 |
service commissioners, who shall have a combined vote of one, | 577 |
three representatives of the state association of county veterans | 578 |
service officers, who shall have a combined vote of one, one | 579 |
representative of the county commissioners association of Ohio, | 580 |
who shall be a county commissioner not from the same county as any | 581 |
of the other county representatives, a representative of the | 582 |
advisory committee on women veterans, a representative of a labor | 583 |
organization, and a representative of the office of the attorney | 584 |
general. The department of veterans services shall submit to the | 585 |
advisory committee proposed rules for the committee's operation. | 586 |
The committee may review and revise these proposed rules prior to | 587 |
submitting them to the joint committee on agency rule review.
| 588 |
(L)(K) Adopting, with the advice and assistance of the | 589 |
veterans advisory committee, policy and procedural guidelines that | 590 |
the veterans service commissions shall adhere to in the | 591 |
development and implementation of rules, policies, procedures, and | 592 |
guidelines for the administration of Chapter 5901. of the Revised | 593 |
Code. The department of veterans services shall adopt no | 594 |
guidelines or rules regulating the purposes, scope, duration, or | 595 |
amounts of financial assistance provided to applicants pursuant to | 596 |
sections 5901.01 to 5901.15 of the Revised Code. The director of | 597 |
veterans services may obtain opinions from the office of the | 598 |
attorney general regarding rules, policies, procedures, and | 599 |
guidelines of the veterans service commissions and may enforce | 600 |
compliance with Chapter 5901. of the Revised Code.
| 601 |
(N)(M) Developing and maintaining and improving a resource, | 607 |
such as a telephone answering point or a web site, by means of | 608 |
which veterans and their dependents, through a single portal, can | 609 |
access multiple sources of information and interaction with regard | 610 |
to the rights of, and the benefits available to, veterans and | 611 |
their dependents. The director of veterans services may enter into | 612 |
agreements with state and federal agencies, with agencies of | 613 |
political subdivisions, with state and local instrumentalities, | 614 |
and with private entities as necessary to make the resource as | 615 |
complete as is possible.
| 616 |
(O)(N) Planning, organizing, advertising, and conducting | 617 |
outreach efforts, such as conferences and fairs, at which veterans | 618 |
and their dependents may meet, learn about the organization and | 619 |
operation of the department of veterans services and of veterans | 620 |
service commissions, and obtain information about the rights of, | 621 |
and the benefits and services available to, veterans and their | 622 |
dependents;
| 623 |
(R)(Q) Searching for, identifying, and reviewing statutory | 630 |
and administrative policies that relate to veterans and their | 631 |
dependents and reporting to the general assembly statutory and | 632 |
administrative policies that should be consolidated in whole or in | 633 |
part within the organization of the department of veterans | 634 |
services to unify funding, delivery, and accounting of statutory | 635 |
and administrative policy expressions that relate particularly to | 636 |
veterans and their dependents;
| 637 |
The director shall appoint a superintendent of the Ohio | 697 |
veterans' home agencyhomes upon any terms that are proper, and | 698 |
the superintendent, with the advice and consent of the director, | 699 |
shall employ aides, assistants, and employees, and perform other | 700 |
duties that may be assigned to the superintendent by the director | 701 |
or become necessary in the carrying out of the superintendent's | 702 |
duties. The superintendent shall be responsible directly to the | 703 |
director.
| 704 |
Subject to section 5907.021 of the Revised Code, the | 712 |
superintendent shall appoint a chief of police
of the Ohio | 713 |
veterans' home agency, determine the number of officers and other | 714 |
personnel required by each veterans' home, and establish salary | 715 |
schedules and other conditions of employment for veterans' homes | 716 |
police officers. The chief of police shall serve at the pleasure | 717 |
of the superintendent and shall
appointrecommend appointment of | 718 |
officers and other personnel as the veterans' homes may require, | 719 |
subject to the rules and limits that the superintendent | 720 |
establishes regarding qualifications, salary ranges, and the | 721 |
number of personnel. The superintendent, with the approval of the | 722 |
director, may purchase or otherwise acquire any police apparatus, | 723 |
equipment, or materials, including a police communication system | 724 |
and vehicles, that the veterans' homes police officers may | 725 |
require. The superintendent may send one or more of the officers | 726 |
or employees nominated by the police chief to a school of | 727 |
instruction designed to provide additional training or skills | 728 |
related to their work assignment at their veterans' home. The | 729 |
superintendent may send those officers or employees to the Ohio | 730 |
peace officer training academy that the superintendent considers | 731 |
appropriate. | 732 |
(b) The superintendent shall suspend from employment a chief | 756 |
of police or from employment as a veterans' home police officer an | 757 |
employee appointed as a veterans' home police officer if that | 758 |
chief of police or employee is convicted, after trial, of a | 759 |
felony. If the chief of police or the employee files an appeal | 760 |
from that conviction and the conviction is upheld by the highest | 761 |
court to which the appeal is taken or if the chief of police or | 762 |
the employee does not file a timely appeal, the superintendent | 763 |
shall terminate the employment of that chief of police or that | 764 |
employee as a veterans' home police officer. If the chief of | 765 |
police or the employee files an appeal that results in that chief | 766 |
of police's or that employee's acquittal of the felony or | 767 |
conviction of a misdemeanor, or in the dismissal of the felony | 768 |
charge against that chief of police or that employee, the | 769 |
superintendent shall reinstate that chief of police or that | 770 |
employee as a veterans' home police officer. A chief of police or | 771 |
an employee who is reinstated as a veterans' home police officer | 772 |
under division (B)(2)(b) of this section shall not receive any | 773 |
back pay unless the conviction of that chief of police or that | 774 |
employee of the felony was reversed on appeal, or the felony | 775 |
charge was dismissed, because the court found insufficient | 776 |
evidence to convict the chief of police or the employee of the | 777 |
felony. | 778 |
Sec. 5907.04. Subject to the following paragraph, all | 785 |
members of the armed forcesveterans, who served
in the regular or | 786 |
volunteer forces of the United States or the Ohio national guard | 787 |
or members of the naval militia during the war with Spain, the | 788 |
Philippine insurrection, the China relief expedition, the Indian | 789 |
war, the Mexican expedition, World War I, World War II, or during | 790 |
the period beginning June 25, 1950 and ending July 19, 1953, known | 791 |
as the Korean conflict, or during the period beginning August 5, | 792 |
1964, and ending July 1, 1973, known as the Vietnam conflict, | 793 |
during a period of conflict as determined by the United States | 794 |
department of veterans affairs or any person who is awarded either | 795 |
the armed forces expeditionary medal established by presidential | 796 |
executive order 10977 dated December 4, 1961, or the Vietnam | 797 |
service medal established by presidential executive order 11231 | 798 |
dated July 8, 1965, who have been honorably discharged or | 799 |
separated under honorable conditions therefrom, or any discharged | 800 |
members of the Polish and Czechoslovakian armed forces who served | 801 |
in armed conflict with an enemy of the United States in World War | 802 |
I or World War II who have been citizens of the United States for | 803 |
at least ten years, provided that the above-mentioned persons have | 804 |
been citizens of this state for five consecutive yearsone year or | 805 |
more at the date of making application for admission, are disabled | 806 |
by disease, wounds, or otherwise, and are by reason of such | 807 |
disability incapable of earning their living, and all members of | 808 |
the Ohio national guard or naval militia who have lost an arm or | 809 |
leg, or their sight, or become permanently disabled from any | 810 |
cause, while in the line and discharge of duty, and are not able | 811 |
to support themselves, may be admitted to a veterans' home under | 812 |
such rules as the director of veterans services adopts. | 813 |
The superintendent of the Ohio veterans' home agency shall | 819 |
promptly and diligently pursue the establishment of the | 820 |
eligibility for medical assistance under Chapter 5111. of the | 821 |
Revised Code of all persons admitted to a veterans' home and all | 822 |
residents of a home who appear to qualify and shall promptly and | 823 |
diligently pursue and maintain the certification of each home's | 824 |
compliance with federal laws and regulations governing | 825 |
participation in the medical assistance program to include as | 826 |
large as possible a part of the home's bed capacity. | 827 |
Veterans' homes may reserve a bed during the temporary | 828 |
absence of a resident or patient from the home, including a | 829 |
nursing home within it, under conditions prescribed by the | 830 |
director, to include hospitalization for an acute condition, | 831 |
visits with relatives and friends, and participation in | 832 |
therapeutic programs outside the home. A home shall not reserve a | 833 |
bed for more than thirty days, except that absences for more than | 834 |
thirty days due to hospitalization may be authorized. | 835 |
"The State of Ohio, .......... county, ss. ..........., | 841 |
superintendent of the Ohio veterans' home agencyhomes, being duly | 842 |
sworn, says that the superintendent believes that ............, a | 843 |
resident of the veterans' home located in .......... county, has a | 844 |
mental illness; that, in consequence of the resident's mental | 845 |
illness, the resident's being at large is dangerous to the | 846 |
community, and that the resident was received into the home from | 847 |
............ county, on the ...... day of ........., ..... | 848 |
Sec. 5907.11. (A) The superintendent of the Ohio veterans' | 857 |
home agencyhomes, with the approval of the director of veterans | 858 |
services, may establish a local fund for each veterans' home to be | 859 |
used for the entertainment and welfare of the residents of the | 860 |
home. Each fund shall be designated as the residents' benefit fund | 861 |
and shall be operated for the exclusive benefit of the residents | 862 |
of the associated home. Each fund shall receive all revenue from | 863 |
the sale of commissary items at the associated home and shall | 864 |
receive all moneys received as donations by the associated home | 865 |
from any source. | 866 |
Sec. 5907.12. The directorsuperintendent of veterans | 873 |
servicesthe Ohio veterans' homes may utilize the services of | 874 |
volunteers to assist in attending to and caring for residents, | 875 |
assisting in resident activities, caring for veterans' homes' | 876 |
buildings and grounds, and participating in any other services | 877 |
that accomplish any of the
director'ssuperintendent's purposes | 878 |
related to veterans' homes. All volunteer programs are subject to | 879 |
the
director'ssuperintendent's approval. The director | 880 |
superintendent may recruit, train, and supervise the services of | 881 |
community volunteers or volunteer groups for volunteer programs. | 882 |
The directorsuperintendent may designate volunteers as state | 883 |
employees for the purpose of motor vehicle accident liability | 884 |
insurance under section 9.83 of the Revised Code and for the | 885 |
purpose of indemnification from liability incurred in the | 886 |
performance of their duties under section 9.87 of the Revised | 887 |
Code. | 888 |
Sec. 5907.13. Residents of veterans' homes may be assessed a | 889 |
fee to pay a portion of the expenses of their support, dependent | 890 |
upon their ability to pay. Subject to controlling board approval, | 891 |
the director of veterans services shall adopt rules for | 892 |
determining a resident's ability to pay. Each resident shall | 893 |
furnish the
directorrequired statements of income, assets, | 894 |
debts, and expenses that the director requires. | 895 |
All fees contributed by the residents under this section | 896 |
shall be deposited into an interest-bearing account in a public | 897 |
depository in accordance with section 135.18 of the Revised Code. | 898 |
All of these fees shall be paid to the treasurer of state within | 899 |
thirty days after the end of the month of receipt, together with | 900 |
all interest credited to the account to date. The treasurer of | 901 |
state shall credit eighty per cent of these fees and of this | 902 |
interest to the Ohio veterans' homes operating fund and twenty per | 903 |
cent of these fees and of this interest to the Ohio veterans' | 904 |
homes fund. | 905 |
The proceeds from the sale or lease of such an armory, or | 920 |
from the sale or lease of other facilities and land owned by the | 921 |
adjutant general, shall be credited to the armory improvements | 922 |
fund, which is hereby created in the state treasury. The moneys in | 923 |
the fund shall be used to support Ohio army national guard | 924 |
facility and maintenance expenses as the adjutant general directs. | 925 |
Any fund expenditure related to the construction, acquisition, | 926 |
lease, or financing of a capital asset is subject to approval by | 927 |
the controlling board. Investment earnings of the fund shall be | 928 |
credited to the general revenue fund. | 929 |
(C) The adjutant general may enter into cooperative | 973 |
agreements, contractual arrangements, or agreements for the | 974 |
acceptance of grants with the United States or any agency or | 975 |
department of the United States, other states, any department or | 976 |
political subdivision of this state, or any person or body | 977 |
politic, to accomplish the purposes of the adjutant general's | 978 |
department. The adjutant general shall cooperate with, and not | 979 |
infringe upon, the rights of other state departments, divisions, | 980 |
boards, commissions, and agencies, political subdivisions, and | 981 |
other public officials and public and private agencies when the | 982 |
interests of the adjutant general's department and those other | 983 |
entities overlap. | 984 |
Sec. 5913.011. The adjutant general of Ohio is hereby | 993 |
authorized to enter into a contract with the federal department of | 994 |
health, education and welfaresocial security administration for | 995 |
the purpose of securing social security benefits, under the | 996 |
national social security act, for those employees of the Ohio | 997 |
national guard who are paid from federal funds, and for whom the | 998 |
federal congress appropriates funds to cover employer's share of | 999 |
social security payments. | 1000 |
(E) The adjutant general, the assistant adjutant general for | 1034 |
army, the assistant adjutant general for air, and the assistant | 1035 |
quartermaster general at the time of appointment shall each have | 1036 |
not less than ten years' commissioned service in the armed forces | 1037 |
of the United States, not less than five years of that service | 1038 |
being in the Ohio national guard, and shall at all times during | 1039 |
their tenure of office be federally recognized officers of the | 1040 |
Ohio national guard. | 1041 |
(F) The provisions of this section relative to federal | 1042 |
recognition shall be suspended during any period of emergency when | 1043 |
the majority of the units of the Ohio national guard are in the | 1044 |
federal service. In that event, retired officers of the Ohio | 1045 |
national guard shall be eligible to serve as adjutant general, | 1046 |
assistant adjutant general for army, assistant adjutant general | 1047 |
for air, and assistant quartermaster general for the duration of | 1048 |
such emergency or until a majority of the units of the Ohio | 1049 |
national guard are released from federal service. | 1050 |
Sec. 5919.06. Persons shall be commissioned as officers of | 1051 |
the Ohio national guard
shall be selected only from the following | 1052 |
classes: officers or enlisted men of the national guard; officers, | 1053 |
active or retired, reserve officers, and former officers of the | 1054 |
armed forces of the United States; persons who hold certificates | 1055 |
of eligibility for commission; enlisted men and former enlisted | 1056 |
men of the armed forces of the United States who have received an | 1057 |
honorable discharge; graduates of the United States military, | 1058 |
naval, and air force academies; graduates of the reserve officer | 1059 |
training corps; and for the technical branches and services, such | 1060 |
other civilians as may be specially qualified for duty thereinas | 1061 |
provided under army, air force, and national guard regulations. | 1062 |
Sec. 5919.29. (A) The governor as commander in chief may | 1073 |
order individuals and units of the Ohio national guard to perform | 1074 |
any training or duty authorized under the "Act of August 10, | 1075 |
1956," 70A Stat. 596, 32 U.S.C.A. 101 to 716, and under | 1076 |
regulations prescribed by the president of the United States, the | 1077 |
secretary of defense, the secretary of the army, the secretary of | 1078 |
the air force, or the chief of the national guard bureau. | 1079 |
(B) When ordered by the governor to perform training or duty | 1080 |
under this section or section 5923.12 of the Revised Code, members | 1081 |
of the Ohio national guard shall have the protections afforded to | 1082 |
persons on federal active duty by the "The Soldiers and Sailors | 1083 |
Service Members Civil Relief Act of 1940," 54 Stat. 1178Pub. L. | 1084 |
No. 108-189, 50 App. U.S.C.A. 501-548 and 560-591596, and by the | 1085 |
"Uniformed Services Employment and Reemployment Rights Act of | 1086 |
1994," 108 Stat. 3149, 38 U.S.C.A. 4301 to 4333. | 1087 |
(3) "Institution of higher education" means an Ohio | 1111 |
institution of higher education that is state-assisted, that is | 1112 |
nonprofit and has received a certificate of authorization from the | 1113 |
Ohio board of regents pursuant to Chapter 1713. of the Revised | 1114 |
Code, that is a private institution exempt from regulation under | 1115 |
Chapter 3332. of the Revised Code as prescribed in section | 1116 |
3333.046 of the Revised Code, or that holds a certificate of | 1117 |
registration and program authorization issued by the state board | 1118 |
of career colleges and schools pursuant to section 3332.05 of the | 1119 |
Revised Code. | 1120 |
(B)(1) There is hereby created a scholarship program to be | 1123 |
known as the Ohio national guard scholarship program. For the | 1124 |
fiscal year 2000, the number of participants in the program for | 1125 |
the fall term is limited to the equivalent of two thousand five | 1126 |
hundred full-time participants; the number of participants in the | 1127 |
program for the winter term is limited to the equivalent of two | 1128 |
thousand five hundred full-time participants; the number of | 1129 |
participants in the program for the spring term is limited to the | 1130 |
equivalent of one thousand six hundred seventy-five full-time | 1131 |
participants; and the number of participants in the program for | 1132 |
the summer term is limited to the equivalent of six hundred | 1133 |
full-time participants. Except as provided in division (B)(2) of | 1134 |
this section for the fiscal year 2001 and succeeding fiscal years, | 1135 |
the number of participants in the program for the fall term is | 1136 |
limited to the equivalent of three thousand five hundred full-time | 1137 |
participants; the number of participants in the program for the | 1138 |
winter term is limited to the equivalent of three thousand five | 1139 |
hundred full-time participants; the number of participants in the | 1140 |
program for the spring term is limited to the equivalent of two | 1141 |
thousand three hundred forty-five full-time participants; and the | 1142 |
number of participants in the program for the summer term is | 1143 |
limited to the equivalent of eight hundred full-time participants. | 1144 |
(C) If the adjutant general estimates that appropriations and | 1155 |
any funds in the Ohio national guard scholarship reserve fund are | 1156 |
insufficient to pay for all scholarships applied for under this | 1157 |
section and likely to be used during an academic term are | 1158 |
inadequate for all eligible applicants for that academic term to | 1159 |
receive scholarships, the adjutant general shall promptly inform | 1160 |
all applicants not receiving scholarships for that academic term | 1161 |
of the next academic term that appropriations will be adequate for | 1162 |
the scholarships. Any such eligible applicant may again apply for | 1163 |
a scholarship beginning that academic term if the applicant is in | 1164 |
compliance with all requirements established by this section and | 1165 |
the adjutant general for the program. The adjutant general shall | 1166 |
process all applications for scholarships for each academic term | 1167 |
in the order in which they are received. The scholarships shall be | 1168 |
made without regard to financial need. At no time shall one person | 1169 |
be placed in priority over another because of sex, race, or | 1170 |
religion. | 1171 |
(D)(1) Except as provided in division (I) of this section, | 1172 |
for each academic term that an eligible applicant is approved for | 1173 |
a scholarship under this section and either remains a current | 1174 |
member in good standing of the Ohio national guard or is eligible | 1175 |
for a scholarship under division (F)(1) of this section, the | 1176 |
institution of higher education in which the applicant is enrolled | 1177 |
shall, if the applicant's enlistment obligation extends beyond the | 1178 |
end of that academic term or if division (F)(1) of this section | 1179 |
applies, be paid on the applicant's behalf the applicable one of | 1180 |
the following amounts: | 1181 |
(3) An eligible non-prior service applicant's scholarship | 1199 |
shall be reduced by the amount of the applicant's tuition benefits | 1200 |
under "The Post-9/11 Veterans Educational Assistance Act of 2008," | 1201 |
110 Pub. L. No. 252, 122 Stat. 2323 (2008). An eligible prior | 1202 |
service applicant's scholarship shall be reduced by the amount of | 1203 |
the applicant's tuition benefits under "The Post-9/11 Veterans | 1204 |
Educational Assistance Act of 2008" unless the applicant qualified | 1205 |
for one hundred per cent tuition under that act and transfers the | 1206 |
federal benefits under that act's portability provisions. | 1207 |
(3) If a scholarship recipient withdraws from courses prior | 1231 |
to the end of an academic term so that the recipient's enrollment | 1232 |
for that academic term is less than sixthree credit hours, no | 1233 |
scholarship shall be paid on behalf of that person for that | 1234 |
academic term. Except as provided in division (F)(3) of this | 1235 |
section, if a scholarship has already been paid on behalf of the | 1236 |
person for that academic term, the adjutant general shall add to | 1237 |
that person's accumulated eligibility units the number of | 1238 |
eligibility units for which the scholarship was paid. | 1239 |
(1) AnFor a period of up to five years from when an | 1246 |
individual's enlistment obligation in the Ohio national guard | 1247 |
ends, an individual to whom this division applies is eligible for | 1248 |
scholarships under this section for those academic terms that were | 1249 |
missed or could have been missed as a result of the individual's | 1250 |
call into active duty. Scholarships shall not be paid for the | 1251 |
academic term in which an eligible applicant's enlistment | 1252 |
obligation ends unless an applicant is eligible under this | 1253 |
division for a scholarship for such academic term due to previous | 1254 |
active duty. | 1255 |
(2) When an individual to whom this division applies | 1256 |
withdraws or otherwise fails to complete courses, for which | 1257 |
scholarships have been awarded under this section, because the | 1258 |
individual was called into active duty, the institution of higher | 1259 |
education shall grant the individual a leave of absence from the | 1260 |
individual's education program and shall not impose any academic | 1261 |
penalty for such withdrawal or failure to complete courses. | 1262 |
Division (F)(2) of this section applies regardless of whether or | 1263 |
not the scholarship amount was paid to the institution of higher | 1264 |
education. | 1265 |
(G) A scholarship recipient under this section who fails to | 1287 |
complete the term of enlistment, re-enlistment, or extension of | 1288 |
current enlistment the recipient was serving at the time a | 1289 |
scholarship was paid on behalf of the recipient under this section | 1290 |
is liable to the state for repayment of a percentage of all Ohio | 1291 |
national guard scholarships paid on behalf of the recipient under | 1292 |
this section, plus interest at the rate of ten per cent per annum | 1293 |
calculated from the dates the scholarships were paid. This | 1294 |
percentage shall equal the percentage of the current term of | 1295 |
enlistment, re-enlistment, or extension of enlistment a recipient | 1296 |
has not completed as of the date the recipient is discharged from | 1297 |
the Ohio national guard. | 1298 |
The attorney general may commence a civil action on behalf of | 1299 |
the adjutant general to recover the amount of the scholarships and | 1300 |
the interest provided for in this division and the expenses | 1301 |
incurred in prosecuting the action, including court costs and | 1302 |
reasonable attorney's fees. A scholarship recipient is not liable | 1303 |
under this division if the recipient's failure to complete the | 1304 |
term of enlistment being served at the time a scholarship was paid | 1305 |
on behalf of the recipient under this section is due to the | 1306 |
recipient's death; discharge from the national guard due to | 1307 |
disability; or the recipient's enlistment, for a term not less | 1308 |
than the recipient's remaining term in the national guard, in the | 1309 |
active component of the United States armed forces or the active | 1310 |
reserve component of the United States armed forces. | 1311 |
(H) On or before the first day of each academic term, the | 1312 |
adjutant general shall provide an eligibility roster to each | 1313 |
institution of higher education at which one or more scholarship | 1314 |
recipients have applied for enrollment. The institution shall use | 1315 |
the roster to certify the actual full-time or part-time enrollment | 1316 |
of each scholarship recipient listed as enrolled at the | 1317 |
institution and return the roster to the adjutant general
within | 1318 |
thirty days after the first day of the academic term. The adjutant | 1319 |
general shall report to the chancellor of the Ohio board of | 1320 |
regents the number of students in the Ohio national guard | 1321 |
scholarship program at each institution of higher education. The | 1322 |
Ohio board of regentschancellor shall provide for payment of the | 1323 |
appropriate number and amount of scholarships to each institution | 1324 |
of higher education pursuant to division (D) of this section. If | 1325 |
an institution of higher education fails to certify the actual | 1326 |
enrollment of a scholarship recipient listed as enrolled at the | 1327 |
institution within thirty days of the end of an academic term, the | 1328 |
institution shall not be eligible to receive payment from the Ohio | 1329 |
national guard scholarship program or from the individual | 1330 |
enrollee. The adjutant general shall report on a quarterly basis | 1331 |
to the director of budget and management, the speaker of the house | 1332 |
of representatives, and the president of the senate the number of | 1333 |
Ohio national guard scholarship recipients and a projection of the | 1334 |
cost of the program for the remainder of the biennium. | 1335 |
Sec. 5923.05. (A)(1) Permanent public employees who are | 1348 |
members of the Ohio organized militia or members of other reserve | 1349 |
components of the armed forces of the United States, including the | 1350 |
Ohio national guard, are entitled to a leave of absence from their | 1351 |
respective positions without loss of pay for the time they are | 1352 |
performing service in the uniformed services, for periods of up to | 1353 |
one month, for each calendar year in which they are performing | 1354 |
service in the uniformed services. | 1355 |
(c) "Permanent public employee" means any person holding a | 1363 |
position in public employment that requires working a regular | 1364 |
schedule of twenty-six consecutive biweekly pay periods, or any | 1365 |
other regular schedule of comparable consecutive pay periods, | 1366 |
which is not limited to a specific season or duration. "Permanent | 1367 |
public employee" does not include student help; intermittent, | 1368 |
seasonal, or external interim employees; or individuals covered by | 1369 |
personal services contracts. | 1370 |
(d) "State agency" means any department, bureau, board, | 1371 |
commission, office, or other organized body established by the | 1372 |
constitution or laws of this state for the exercise of any | 1373 |
function of state government, the general assembly, all | 1374 |
legislative agencies, the supreme court, the court of claims, and | 1375 |
the state-supported institutions of higher education. | 1376 |
(e) "Service in the uniformed services" means the performance | 1377 |
of duty, on a voluntary or involuntary basis, in a uniformed | 1378 |
service, under competent authority, and includes active duty, | 1379 |
active duty for training, initial active duty for training, | 1380 |
inactive duty for training, full-time national guard duty, and | 1381 |
performance of duty or training by a member of the Ohio organized | 1382 |
militia pursuant to Chapter 5923. of the Revised Code. "Service in | 1383 |
the uniformed services" includes also the period of time for which | 1384 |
a person is absent from a position of public or private employment | 1385 |
for the purpose of an examination to determine the fitness of the | 1386 |
person to perform any duty described in this division. | 1387 |
(B) Except as otherwise provided in division (D) of this | 1397 |
section, any permanent public employee who is employed by a | 1398 |
political subdivision, who is entitled to the leave provided under | 1399 |
division (A) of this section, and who is called or ordered to the | 1400 |
uniformed services for longer than a month, for each calendar year | 1401 |
in which the employee performed service in the uniformed services, | 1402 |
because of an executive order issued by the president of the | 1403 |
United States, because of an act of congress, or because of an | 1404 |
order to perform duty issued by the governor pursuant to section | 1405 |
5919.29 of the Revised Code is entitled, during the period | 1406 |
designated in the order or act, to a leave of absence and to be | 1407 |
paid, during each monthly pay period of that leave of absence, the | 1408 |
lesser of the following: | 1409 |
(C) Except as otherwise provided in division (D) of this | 1415 |
section, any permanent public employee who is employed by a state | 1416 |
agency, who is entitled to the leave provided under division (A) | 1417 |
of this section, and who is called or ordered to the uniformed | 1418 |
services for longer than a month, for each calendar year in which | 1419 |
the employee performed service in the uniformed services, because | 1420 |
of an executive order issued by the president of the United | 1421 |
States, because of an act of congress, or because of an order to | 1422 |
perform duty issued by the governor pursuant to section 5919.29 or | 1423 |
5923.21 of the Revised Code is entitled, during the period | 1424 |
designated in the order or act, to a leave of absence and to be | 1425 |
paid, during each monthly pay period of that leave of absence, the | 1426 |
difference between the permanent public employee's gross monthly | 1427 |
wage or salary as a permanent public employee and the sum of the | 1428 |
permanent public employee's gross uniformed pay and allowances | 1429 |
received that month. | 1430 |
(E) Any political subdivision of the state, as defined in | 1438 |
section 2744.01 of the Revised Code, may elect to pay any of its | 1439 |
permanent public employees who are entitled to the leave provided | 1440 |
under division (A) of this section and who are called or ordered | 1441 |
to the uniformed services for longer than one month, for each | 1442 |
calendar year in which the employee performed service in the | 1443 |
uniformed services, because of an executive order issued by the | 1444 |
president or an act of congress, such payments, in addition to | 1445 |
those payments required by division (B) of this section, as may be | 1446 |
authorized by the legislative authority of the political | 1447 |
subdivision. | 1448 |
Section 2. That existing sections 123.024, 141.02, 2108.72, | 1491 |
2108.73, 3313.616, 3721.50, 4503.46, 5111.21, 5533.785, 5902.02, | 1492 |
5907.01, 5907.02, 5907.021, 5907.04, 5907.08, 5907.10, 5907.11, | 1493 |
5907.12, 5907.13, 5911.10, 5913.01, 5913.011, 5913.02, 5913.021, | 1494 |
5919.06, 5919.26, 5919.28, 5919.29, 5919.34, 5923.05, and | 1495 |
5924.136, and sections 5907.023, 5907.05, and 5913.04 of the | 1496 |
Revised Code are hereby repealed. | 1497 |
The foregoing appropriation item 900321, Veterans' Homes | 1531 |
Operations, shall be used by the Department of Veterans Services | 1532 |
to carry out its responsibilities under this section and Chapter | 1533 |
5902. of the Revised Code. On the effective date of this section, | 1534 |
or as soon as possible thereafter, the Director of Budget and | 1535 |
Management may cancel any existing encumbrances against | 1536 |
appropriation item 900100, Personal Services, and 900200, | 1537 |
Maintenance, and may reestablish the encumbrances in appropriation | 1538 |
item 900321, Veterans' Homes Operations. The Director may also | 1539 |
transfer appropriation to reestablish such encumbrances in | 1540 |
different appropriation items within the agency as the Director | 1541 |
determines necessary. The Director may also transfer any | 1542 |
unencumbered or unallotted balances to the appropriate line item | 1543 |
to be used for the same purposes. The reestablished encumbrances | 1544 |
are hereby appropriated. | 1545 |
The foregoing appropriation item 900641, Persian Gulf, | 1547 |
Afghanistan, and Iraq Conflicts Compensation, shall be used by the | 1548 |
Department of Veterans Services to provide all or part of the | 1549 |
moneys required to pay the compensation established by Section 2r | 1550 |
of Article VIII, Ohio Constitution. Eligible costs are those costs | 1551 |
of paying compensation to veterans of the Persian Gulf, | 1552 |
Afghanistan, and Iraq Conflicts to which the proceeds of the | 1553 |
Persian Gulf, Afghanistan, and Iraq Conflicts Compensation Fund | 1554 |
(7041) are to be applied, together with the expenses of | 1555 |
administering Section 2r of Article VIII, Ohio Constitution. If | 1556 |
the Director of Veterans Services determines that additional | 1557 |
appropriations are necessary for this purpose, the Director shall | 1558 |
certify to the Director of Budget and Management the estimated | 1559 |
amount of the additional appropriation needed in appropriation | 1560 |
item 900641. Upon receipt of the estimated amount, the Director of | 1561 |
Budget and Management shall increase the appropriation in | 1562 |
appropriation item 900641. These increased amounts are hereby | 1563 |
appropriated. | 1564 |
Section 5. The sections of law contained in this act, and the | 1578 |
items of which they are composed, are not subject to the | 1579 |
referendum. Therefore, under Ohio Constitution, Article II, | 1580 |
Section 1d and section 1.471 of the Revised Code, the sections of | 1581 |
law contained in this act, and the items of which they are | 1582 |
composed, go into immediate effect when this act becomes law. | 1583 |
Section 6. Section 5907.021 of the Revised Code is presented | 1584 |
in this act as a composite of the section as amended by both Am. | 1585 |
Sub. H.B. 490 and H.B. 675 of the 124th General Assembly. The | 1586 |
General Assembly, applying the principle stated in division (B) of | 1587 |
section 1.52 of the Revised Code that amendments are to be | 1588 |
harmonized if reasonably capable of simultaneous operation, finds | 1589 |
that the composite is the resulting version of the section in | 1590 |
effect prior to the effective date of the section as presented in | 1591 |
this act. | 1592 |