As Reported by the House Veterans Affairs Committee

129th General Assembly
Regular Session
2011-2012
Am. H. B. No. 532


Representatives Kozlowski, Gonzales 

Cosponsors: Representatives Henne, Gardner, Derickson, Adams, J., Bubp, Pillich, Garland, Grossman, Sears, Szollosi, Hottinger, Buchy, Fende, Wachtmann, Lundy, Ruhl, Yuko, Reece, Dovilla, Boose, Conditt, Stebelton, Maag, Young, Goodwin, Johnson, Landis, Butler, Fedor, Hagan, C., Martin, Milkovich, Rosenberger 

A BILL
To amend section 5913.11 of the Revised Code to 1
revise the Ohio Military Medal of Distinction law, 2
and to make an appropriation.3


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

       Section 1. That section 5913.11 of the Revised Code be 4
amended to read as follows:5

       Sec. 5913.11. (A) There is hereby created the Ohio military 6
medal of distinction. The adjutant general shall design the medal 7
and coordinate an eligibility establishment program. An individual 8
is eligible for the medal if the individual was killed in the line 9
of dutyon or after September 10, 2001, while doing one of the 10
following:11

       (1) Engaging in an action against an enemy of the United 12
States;13

       (2) Engaging in military operations involving conflict with 14
an opposing foreign force;15

       (3) Serving with friendly foreign forces engaged in an armed 16
conflict against an opposing armed force in which the United 17
States is not a belligerent party; or18

       (4) Serving in a combat zone designated by presidential 19
order.20

       (B) To receive the Ohio military medal of distinction, an 21
individual shall be at least one of the following at the time the 22
member was killed in the line of duty:23

       (1) An OhioA national guard member who is a resident of this 24
state;25

       (2) An Ohio national guard member;26

       (3) A United States military reserves member who is a 27
resident of this state;28

       (3)(4) A United States armed forces member who is either a 29
resident of this state or stationed in this state by a United 30
States department of defense order.31

       (C) (1) At least once per year, both houses of the general 32
assemblythe adjutant general shall obtainprovide a list of 33
eligible medal recipients fromto the adjutant generaldepartment 34
of veterans servicesand meet in joint convention toand the 35
governor. The adjutant general shall prepare a medal for each 36
eligible medal recipient. The medal shall be presented to the 37
recipient's primary next of kin, as designated by the recipient. 38
If the recipient has not designated a primary next of kin or if 39
the designated primary next of kin is deceased, the primary next 40
of kin shall be determined under the rules of the United States 41
department of defense. 42

       (2) The governor and the general assembly annually shall hold 43
a joint ceremony to recognize the medal recipients for the prior 44
year and to present each medal to the recipient's primary next of 45
kin, as determined under division (C)(1) of this section. 46
Beginning in 2013, in any year in which the governor holds a 47
wreath-laying ceremony to honor the deceased veterans of the 48
state, the ceremony to recognize the medal recipients shall be 49
held on the same day as the wreath-laying ceremony.50

       (D)(1) If a parent of the medal recipient is the primary next 51
of kin, as determined under division (C)(1) of this section, and 52
the medal recipient's parents are not married to each other or are 53
legally separated from each other, the medal recipient's other 54
living parent may request a duplicate medal at no cost.55

       If neither of the medal recipient's parents is the primary 56
next of kin, as determined under division (C)(1) of this section, 57
the living parents of the medal recipient jointly may request a 58
duplicate medal at no cost, except that if the parents of the 59
medal recipient are not married to each other or are legally 60
separated from each other, each living parent may request a 61
duplicate medal at no cost. 62

       If the medal recipient's spouse is not the primary next of 63
kin, the spouse may request a duplicate medal at no cost.64

       The adjutant general shall prescribe a form by which a parent 65
or spouse may request a duplicate medal under division (D) (1) of 66
this section.67

       (2) A surviving spouse, a natural or adopted child who is at 68
least eighteen years of age, a parent, a brother or sister, 69
whether of the whole or the half blood, who is at least eighteen 70
years of age, an aunt or uncle who is at least eighteen years of 71
age, or a grandparent of a medal recipient may apply to the 72
adjutant general, on a form prescribed by the adjutant general, to 73
receive a duplicate medal. The applicant shall include with the 74
application a fee in an amount to be determined by the adjutant 75
general. The adjutant general shall set the fee at an amount no 76
greater than the cost of producing the duplicate medal.77

        (E) There is in the state treasury the military medal of 78
distinction fund. The fund shall consist of all fees collected 79
from applicants for duplicate medals as well as appropriations 80
made by the general assembly for purposes of the Ohio military 81
medal of distinction program. The fund shall be used to pay for 82
the production of medals. Investment earnings of the fund shall be 83
credited to the fund.84

       Section 2. That existing section 5913.11 of the Revised Code 85
is hereby repealed.86

       Section 3. All items in this section are hereby appropriated 87
as designated out of any moneys in the state treasury to the 88
credit of the State Special Revenue Fund Group. For all 89
appropriations made in this act, those in the first column are for 90
fiscal year 2012 and those in the second column are for fiscal 91
year 2013. The appropriations made in this act are in addition to 92
any other appropriations made for the FY 2012-FY 2013 biennium.93

Appropriations

ADJ ADJUTANT GENERAL
94

State Special Revenue Fund Group95

5LY0 745626 Military Medal of Distinction $ 0 $ 2,500 96
TOTAL SSR State Special Revenue Fund Group $ 0 $ 2,500 97
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 2,500 98

       MILITARY MEDAL OF DISTINCTION99

       On the effective date of this act, or as soon as possible 100
thereafter, the Director of Budget and Management shall transfer 101
$2,500 cash from the General Revenue Fund to the Military Medal of 102
Distinction Fund (Fund 5LY0). The amount transferred shall be used 103
by the Adjutant General for the purposes described in section 104
5913.11 of the Revised Code.105

       Section 4. Within the limits set forth in this act, the 106
Director of Budget and Management shall establish accounts 107
indicating the source and amount of funds for each appropriation 108
made in this act, and shall determine the form and manner in which 109
appropriation accounts shall be maintained. Expenditures from 110
appropriations contained in this act shall be accounted for as 111
though made in Am. Sub. H.B. 153 of the 129th General Assembly.112

        The appropriations made in this act are subject to all 113
provisions of Am. Sub. H.B. 153 of the 129th General Assembly that 114
are generally applicable to such appropriations. 115