As Passed by the House

129th General Assembly Regular Session 2011-2012

H. B. No. 490

Representatives Dovilla, Landis 

Cosponsors: Representatives Johnson, Pillich, Bubp, Martin, Milkovich, Rosenberger, Yuko, Adams, R., Amstutz, Anielski, Antonio, Baker, Barnes, Beck, Blair, Blessing, Boose, Boyd, Brenner, Buchy, Budish, Carney, Celebrezze, Celeste, Cera, Combs, Conditt, Damschroder, Derickson, DeVitis, Driehaus, Duffey, Fedor, Fende, Foley, Gardner, Garland, Gerberry, Gonzales, Grossman, Hackett, Hagan, C., Hagan, R., Hall, Hayes, Hill, Hottinger, Huffman, Kozlowski, Letson, Lundy, Lynch, Maag, McClain, Murray, Newbold, O'Brien, Patmon, Pelanda, Phillips, Ramos, Reece, Ruhl, Schuring, Sears, Slesnick, Smith, Sprague, Stebelton, Stinziano, Szollosi, Terhar, Thompson, Uecker, Williams, Young Speaker Batchelder 

---

A BILL

To amend sections 149.01, 317.24, 3333.31, and

1

5902.02 of the Revised Code to change the law

2

regarding a County Recorder's release of a

3

veteran's record of discharge, to modify the

4

duties of the Director of Veterans Services with

5

respect to publishing information about Veterans

6

Services offices, to modify the composition of the

7

Veterans Advisory Committee, and to grant in-state

8

tuition for nonresident spouses and dependents of

9

veterans who served on active duty and are

10

deceased.

11

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

Section 1. That sections 149.01, 317.24, 3333.31, and 5902.02	12
of the Revised Code be amended to read as follows:	13

Sec. 149.01.  Each elective state officer, the adjutant	14
general, the adult parole authority, the department of	15
agriculture, the director of administrative services, the public	16
utilities commission, the superintendent of insurance, the	17
superintendent of financial institutions, the superintendent of	18
purchases and printing, the state commissioner of soldiers'	19
claims, the fire marshal, the industrial commission, the	20
administrator of workers' compensation, the state department of	21
transportation, the department of health, the state medical board,	22
the state dental board, the board of embalmers and funeral	23
directors, the Ohio commission for the blind, the accountancy	24
board of Ohio, the state council of uniform state laws, the board	25
of commissioners of the sinking fund, the department of taxation,	26
the board of tax appeals, the division of liquor control, the	27
director of state armories, the trustees of the Ohio state	28
university, and every private or quasi-public institution,	29
association, board, or corporation receiving state money for its	30
use and purpose shall make annually, at the end of each fiscal	31
year, in quadruplicate, a report of the transactions and	32
proceedings of that office or department for that fiscal year,	33
excepting receipts and disbursements unless otherwise specifically	34
required by law. The report shall contain a summary of the	35
official acts of the officer, board, council, commission,	36
institution, association, or corporation and any suggestions and	37
recommendations that are proper. On the first day of August of	38
each year, one of the reports shall be filed with the governor,	39
one with the secretary of state, and one with the state library,	40
and one shall be kept on file in the office of the officer, board,	41
council, commission, institution, association, or corporation.	42

Sec. 317.24.  (A) As used in this section:

43

(1) "Authorized party" means any of the following:

44

(a) The person who is the subject of the record of discharge;

45

(b) A county veterans service officer, or anwho is certified	46
by the department of veterans services;	47

(c) An attorney-in-fact, agent, or other representative of	48
the person who is the subject of the record of discharge, if	49
authorized to inspect or copy the record of discharge by that	50
person in a power of attorney or other document;	51

(c)(d) A person authorized, for good cause shown, by a court	52
of record to inspect or copy the record of discharge;	53

(d)(e) If the person who is the subject of the record of	54
discharge is deceased, the executor or administrator, or an heir,	55
legatee, or devisee, of the person's estate or a funeral director	56
who is to perform the funeral for the deceased person.	57

(2) "Separation code" or "separation program number" means	58
the coded number or numbers used to specify the reasons for a	59
person's separation from active duty, as contained in one of the	60
following:	61

(a) Regarding a separation code, as contained in line 23 or	62
26 of a veteran's discharge paper, United States department of	63
defense form DD-214;	64

(b) Regarding a separation program number, as contained in	65
line 9(c) or line 11(c) of a veteran's discharge paper, under	66
prior versions of United States department of defense form DD-214.	67

(3) "Service-related document" means any United States	68
department of defense form DD-215 or DD-220, or any National Guard	69
Bureau form NGB-22 or NGB-22A.	70

(B)(1) Upon request of any discharged member of the armed	71
forces of the United States and presentation of the member's	72
discharge, the county recorder shall record the discharge in a	73
book to be furnished by the board of county commissioners for that	74
purpose. There shall be no fee for the recording. The record of	75
discharge, or a certified copy of the record, shall be received in	76
evidence in all cases where the original discharge would be	77
received.	78

(2)(a) A discharge recorded under division (B)(1) or (D) of	79
this section is not a public record under section 149.43 of the	80
Revised Code for a period of seventy-five years after the date of	81
the recording. During that period, the county recorder's office	82
shall make the record of discharge available only to an authorized	83
party or to a person other than an authorized party as provided by	84
division (B)(2)(b) of this section. Except as provided in section	85
317.27 of the Revised Code, the authorized party shall pay the	86
reasonable costs of copying the record of discharge.	87

(b) A person other than an authorized party may request to	88
view or receive a copy of a discharge record recorded under	89
division (B)(1) or (D) of this section. Upon such a person's	90
request, the county recorder's office shall provide a copy of the	91
discharged record to the person that shall be redacted to contain	92
only the name, rank, date of birth, date of discharge, and type of	93
discharge of the person who is the subject of the discharge	94
record. Except as provided in section 317.27 of the Revised Code,	95
a person other than an authorized party shall pay the reasonable	96
costs of copying the record of discharge.	97

(3) A county veterans service officer, who is an authorized	98
party, may request to receive, from a county recorder's office, a	99
record of discharge if the veterans service officer has a need for	100
access to the record of discharge for the purpose of supporting a	101
veteran's claim for benefits, and the county recorder's office	102
shall make the record available to the county veterans service	103
officer.	104

(C) Upon application by a person whose discharge has been	105
recorded pursuant to this section, the county recorder shall,	106
without fee, expunge the person's record of discharge, expunge the	107
person's separation program number or separation code from the	108
person's record of discharge and from any of the person's other	109
service-related documents that have been recorded, or expunge the	110
person's social security number from the person's record of	111
discharge and from any of the person's other service-related	112
documents that have been recorded. The application shall be in the	113
following form:	114

"APPLICATION FOR EXPUNGEMENT	115

OF DISCHARGE RECORD OR OTHER INFORMATION	116

I, ................ (Name of Applicant), the undersigned,	117
hereby request the County Recorder of the County of ............	118
(Name of County), state of Ohio, to expunge my .......... (Insert	119
Record of Discharge, Separation Program Number or Separation Code	120
from my Record of Discharge and other service-related documents,	121
or Social Security Number from my Record of Discharge and other	122
service-related documents).	123

Dated this .......... day of .........., .....

124

.................................

(Signature of Applicant)

Sworn to and subscribed before me by ............ (Name of	125
Applicant) on .........., .....	126

........................................

Notary	127
Public

My commission expires ..........,	128
....."

(D) Upon the request of any person who served during World	129
War I or World War II as a member of any armed force of the	130
government of Poland or Czechoslovakia and participated while so	131
serving in armed conflict with an enemy of the United States and	132
who has been a citizen of the United States for at least ten	133
years, and the presentation of the person's discharge, the county	134
recorder shall record the person's discharge in a book to be	135
furnished by the board of county commissioners for that purpose.	136
No fee shall be charged for the recording. The record, or a	137
certified copy of it, shall be received in evidence in all cases	138
where the original would be received.	139

Sec. 3333.31.  (A) For state subsidy and tuition surcharge	140
purposes, status as a resident of Ohio shall be defined by the	141
chancellor of the Ohio board of regents by rule promulgated	142
pursuant to Chapter 119. of the Revised Code. No adjudication as	143
to the status of any person under such rule, however, shall be	144
required to be made pursuant to Chapter 119. of the Revised Code.	145
The term "resident" for these purposes shall not be equated with	146
the definition of that term as it is employed elsewhere under the	147
laws of this state and other states, and shall not carry with it	148
any of the legal connotations appurtenant thereto. Rather, except	149
as provided in divisions (B) and (D) of this section, for such	150
purposes, the rule promulgated under this section shall have the	151
objective of excluding from treatment as residents those who are	152
present in the state primarily for the purpose of attending a	153
state-supported or state-assisted institution of higher education,	154
and may prescribe presumptive rules, rebuttable or conclusive, as	155
to such purpose based upon the source or sources of support of the	156
student, residence prior to first enrollment, evidence of	157
intention to remain in the state after completion of studies, or	158
such other factors as the chancellor deems relevant.	159

(B) The rules of the chancellor for determining student	160
residency shall grant residency status to a veteran and to the	161
veteran's spouse and any dependent of the veteran, if both of the	162
following conditions are met:	163

(1) The veteran either:

164

(a) Served one or more years on active military duty and was	165
honorably discharged or received a medical discharge that was	166
related to the military service;	167

(b) Was killed while serving on active military duty or has	168
been declared to be missing in action or a prisoner of war.	169

(2) If the veteran seeks residency status for tuition	170
surcharge purposes, the veteran has established domicile in this	171
state as of the first day of a term of enrollment in an	172
institution of higher education. If the spouse or a dependent of	173
the veteran seeks residency status for tuition surcharge purposes,	174
the veteran and the spouse or dependent seeking residency status	175
have established domicile in this state as of the first day of a	176
term of enrollment in an institution of higher education, except	177
that if the veteran was killed while serving on active military	178
duty or, has been declared to be missing in action or a prisoner	179
of war, or is deceased after discharge, only the spouse or	180
dependent seeking residency status shall be required to have	181
established domicile in accordance with this division.	182

(C) The rules of the chancellor for determining student	183
residency shall not deny residency status to a student who is	184
either a dependent child of a parent, or the spouse of a person	185
who, as of the first day of a term of enrollment in an institution	186
of higher education, has accepted full-time employment and	187
established domicile in this state for reasons other than gaining	188
the benefit of favorable tuition rates.	189

Documentation of full-time employment and domicile shall	190
include both of the following documents:	191

(1) A sworn statement from the employer or the employer's	192
representative on the letterhead of the employer or the employer's	193
representative certifying that the parent or spouse of the student	194
is employed full-time in Ohio;	195

(2) A copy of the lease under which the parent or spouse is	196
the lessee and occupant of rented residential property in the	197
state, a copy of the closing statement on residential real	198
property of which the parent or spouse is the owner and occupant	199
in this state or, if the parent or spouse is not the lessee or	200
owner of the residence in which the parent or spouse has	201
established domicile, a letter from the owner of the residence	202
certifying that the parent or spouse resides at that residence.	203

Residency officers may also evaluate, in accordance with the	204
chancellor's rule, requests for immediate residency status from	205
dependent students whose parents are not living and whose domicile	206
follows that of a legal guardian who has accepted full-time	207
employment and established domicile in the state for reasons other	208
than gaining the benefit of favorable tuition rates.	209

(D)(1) The rules of the chancellor for determining student	210
residency shall grant residency status to a person who, while a	211
resident of this state for state subsidy and tuition surcharge	212
purposes, graduated from a high school in this state or completed	213
the final year of instruction at home as authorized under section	214
3321.04 of the Revised Code, if the person enrolls in an	215
institution of higher education and establishes domicile in this	216
state, regardless of the student's residence prior to that	217
enrollment.	218

(2) The rules of the chancellor for determining student	219
residency shall not grant residency status to an alien if the	220
alien is not also an immigrant or a nonimmigrant.	221

(E) As used in this section:

222

(1) "Dependent," "domicile," "institution of higher	223
education," and "residency officer" have the meanings ascribed in	224
the chancellor's rules adopted under this section.	225

(2) "Alien" means a person who is not a United States citizen	226
or a United States national.	227

(3) "Immigrant" means an alien who has been granted the right	228
by the United States bureau of citizenship and immigration	229
services to reside permanently in the United States and to work	230
without restrictions in the United States.	231

(4) "Nonimmigrant" means an alien who has been granted the	232
right by the United States bureau of citizenship and immigration	233
services to reside temporarily in the United States.	234

Sec. 5902.02.  The duties of the director of veterans	235
services shall include the following:	236

(A) Furnishing the veterans service commissions of all	237
counties of the state copies of the state laws, rules, and	238
legislation relating to the operation of the commissions and their	239
offices;	240

(B) Upon application, assisting the general public in	241
obtaining records of vital statistics pertaining to veterans or	242
their dependents;	243

(C) Adopting rules pursuant to Chapter 119. of the Revised	244
Code pertaining to minimum qualifications for hiring, certifying,	245
and accrediting county veterans service officers, pertaining to	246
their required duties, and pertaining to revocation of the	247
certification of county veterans service officers;	248

(D) Adopting rules pursuant to Chapter 119. of the Revised	249
Code for the education, training, certification, and duties of	250
veterans service commissioners and for the revocation of the	251
certification of a veterans service commissioner;	252

(E) Developing and monitoring programs and agreements	253
enhancing employment and training for veterans in single or	254
multiple county areas;	255

(F) Developing and monitoring programs and agreements to	256
enable county veterans service commissions to address	257
homelessness, indigency, and other veteran-related issues	258
individually or jointly;	259

(G) Developing and monitoring programs and agreements to	260
enable state agencies, individually or jointly, that provide	261
services to veterans, including the veterans' homes operated under	262
Chapter 5907. of the Revised Code and the director of job and	263
family services, to address homelessness, indigency, employment,	264
and other veteran-related issues;	265

(H) Establishing and providing statistical reporting formats	266
and procedures for county veterans service commissions;	267

(I) Publishing annually, promulgating change notices for, and	268
distributingelectronically a listing of county veterans service	269
officers,offices and county veterans service commissioners, state	270
directors of veterans affairs, and national and state service	271
officers of accredited veterans organizations and their state	272
headquarters. The listing shall include the expiration dates of	273
commission members' terms of office and the organizations they	274
represent; the names, addresses, and telephone numbers of county	275
veterans service officers and state directors of veterans affairs	276
offices; and the addresses and telephone numbers of the Ohio	277
offices and headquarters of state and national veterans service	278
organizations.	279

(J) Establishing a veterans advisory committee to advise and	280
assist the department of veterans services in its duties. Members	281
shall include a member of the national guard association of the	282
United States who is a resident of this state, a member of the	283
military officers association of America who is a resident of this	284
state, a state representative of congressionally chartered	285
veterans organizations referred to in section 5901.02 of the	286
Revised Code, a representative of any other congressionally	287
chartered state veterans organization that has at least one	288
veterans service commissioner in the state, three representatives	289
of the Ohio state association of county veterans service	290
commissioners, who shall have a combined vote of one, three	291
representatives of the state association of county veterans	292
service officers, who shall have a combined vote of one, one	293
representative of the county commissioners association of Ohio,	294
who shall be a county commissioner not from the same county as any	295
of the other county representatives, a representative of the	296
advisory committee on women veterans, a representative of a labor	297
organization, and a representative of the office of the attorney	298
general. The department of veterans services shall submit to the	299
advisory committee proposed rules for the committee's operation.	300
The committee may review and revise these proposed rules prior to	301
submitting them to the joint committee on agency rule review.	302

(K) Adopting, with the advice and assistance of the veterans	303
advisory committee, policy and procedural guidelines that the	304
veterans service commissions shall adhere to in the development	305
and implementation of rules, policies, procedures, and guidelines	306
for the administration of Chapter 5901. of the Revised Code. The	307
department of veterans services shall adopt no guidelines or rules	308
regulating the purposes, scope, duration, or amounts of financial	309
assistance provided to applicants pursuant to sections 5901.01 to	310
5901.15 of the Revised Code. The director of veterans services may	311
obtain opinions from the office of the attorney general regarding	312
rules, policies, procedures, and guidelines of the veterans	313
service commissions and may enforce compliance with Chapter 5901.	314
of the Revised Code.	315

(L) Receiving copies of form DD214 filed in accordance with	316
the director's guidelines adopted under division (L) of this	317
section from members of veterans service commissions appointed	318
under section 5901.02 and from county veterans service officers	319
employed under section 5901.07 of the Revised Code;	320

(M) Developing and maintaining and improving a resource, such	321
as a telephone answering point or a web site, by means of which	322
veterans and their dependents, through a single portal, can access	323
multiple sources of information and interaction with regard to the	324
rights of, and the benefits available to, veterans and their	325
dependents. The director of veterans services may enter into	326
agreements with state and federal agencies, with agencies of	327
political subdivisions, with state and local instrumentalities,	328
and with private entities as necessary to make the resource as	329
complete as is possible.	330

(N) Planning, organizing, advertising, and conducting	331
outreach efforts, such as conferences and fairs, at which veterans	332
and their dependents may meet, learn about the organization and	333
operation of the department of veterans services and of veterans	334
service commissions, and obtain information about the rights of,	335
and the benefits and services available to, veterans and their	336
dependents;	337

(O) Advertising, in print, on radio and television, and	338
otherwise, the rights of, and the benefits and services available	339
to, veterans and their dependents;	340

(P) Developing and advocating improved benefits and services	341
for, and improved delivery of benefits and services to, veterans	342
and their dependents;	343

(Q) Searching for, identifying, and reviewing statutory and	344
administrative policies that relate to veterans and their	345
dependents and reporting to the general assembly statutory and	346
administrative policies that should be consolidated in whole or in	347
part within the organization of the department of veterans	348
services to unify funding, delivery, and accounting of statutory	349
and administrative policy expressions that relate particularly to	350
veterans and their dependents;	351

(R) Encouraging veterans service commissions to innovate and	352
otherwise to improve efficiency in delivering benefits and	353
services to veterans and their dependents and to report successful	354
innovations and efficiencies to the director of veterans services;	355

(S) Publishing and encouraging adoption of successful	356
innovations and efficiencies veterans service commissions have	357
achieved in delivering benefits and services to veterans and their	358
dependents;	359

(T) Establishing advisory committees, in addition to the	360
veterans advisory committee established under division (K) of this	361
section, on veterans issues;	362

(U) Developing and maintaining a relationship with the United	363
States department of veterans affairs, seeking optimal federal	364
benefits and services for Ohio veterans and their dependents, and	365
encouraging veterans service commissions to maximize the federal	366
benefits and services to which veterans and their dependents are	367
entitled;	368

(V) Developing and maintaining relationships with the several	369
veterans organizations, encouraging the organizations in their	370
efforts at assisting veterans and their dependents, and advocating	371
for adequate state subsidization of the organizations;	372

(W) Requiring the several veterans organizations that receive	373
funding from the state annually to report to the director of	374
veterans services and prescribing the form and content of the	375
report;	376

(X) Investigating complaints against county veterans services	377
commissioners and county veterans service officers if the director	378
reasonably believes the investigation to be appropriate and	379
necessary;	380

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

381

Section 2. That existing sections 149.01, 317.24, 3333.31,	382
and 5902.02 of the Revised Code are hereby repealed.	383