S. B. No. 176 As Introduced

As Introduced

129th General Assembly

Regular Session

2011-2012

S. B. No. 176

Senator LaRose

Cosponsors: Senators Cates, Kearney

A BILL

To amend sections 3313.65 and 5901.02, and to repeal

section 5901.021 of the Revised Code to correct an

obsolete reference and to eliminate the authority

for additional Veterans' Commission members in

counties with a population of more than five

hundred thousand.

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

Section 1. That sections 3313.65 and 5901.02 of the Revised	7
Code be amended to read as follows:	8

Sec. 3313.65. (A) As used in this section and section	9
3313.64 of the Revised Code:	10

(1) A person is "in a residential facility" if the person is	11
a resident or a resident patient of an institution, home, or other	12
residential facility that is:	13

(a) Licensed as a nursing home, residential care facility, or	14
home for the aging by the director of health under section 3721.02	15
of the Revised Code;	16

(b) Licensed as an adult care facility by the director of	17
health under Chapter 3722. of the Revised Code;	18

(c) Maintained as a county home or district home by the board	19
of county commissioners or a joint board of county commissioners	20
under Chapter 5155. of the Revised Code;	21

(d) Operated or administered by a board of alcohol, drug	22
addiction, and mental health services under section 340.03 or	23
340.06 of the Revised Code, or provides residential care pursuant	24
to contracts made under section 340.03 or 340.033 of the Revised	25
Code;	26

(e) Maintained as a state institution for the mentally ill	27
under Chapter 5119. of the Revised Code;	28

(f) Licensed by the department of mental health under section	29
5119.20 or 5119.22 of the Revised Code;	30

(g) Licensed as a residential facility by the department of	31
developmental disabilities under section 5123.19 of the Revised	32
Code;	33

(h) Operated by the veteran's administration or another	34
agency of the United States government;	35

(i) ~~The~~Operated by the Ohio ~~soldiers' and sailors' home~~	36
veterans' home agency.	37

(2) A person is "in a correctional facility" if any of the	38
following apply:	39

(a) The person is an Ohio resident and is:

(i) Imprisoned, as defined in section 1.05 of the Revised	41
Code;	42

(ii) Serving a term in a community-based correctional	43
facility or a district community-based correctional facility;	44

(iii) Required, as a condition of parole, a post-release	45
control sanction, a community control sanction, transitional	46
control, or early release from imprisonment, as a condition of	47
shock parole or shock probation granted under the law in effect	48
prior to July 1, 1996, or as a condition of a furlough granted	49
under the version of section 2967.26 of the Revised Code in effect	50
prior to March 17, 1998, to reside in a halfway house or other	51
community residential center licensed under section 2967.14 of the	52
Revised Code or a similar facility designated by the court of	53
common pleas that established the condition or by the adult parole	54
authority.	55

(b) The person is imprisoned in a state correctional	56
institution of another state or a federal correctional institution	57
but was an Ohio resident at the time the sentence was imposed for	58
the crime for which the person is imprisoned.	59

(3) A person is "in a juvenile residential placement" if the	60
person is an Ohio resident who is under twenty-one years of age	61
and has been removed, by the order of a juvenile court, from the	62
place the person resided at the time the person became subject to	63
the court's jurisdiction in the matter that resulted in the	64
person's removal.	65

(4) "Community control sanction" has the same meaning as in	66
section 2929.01 of the Revised Code.	67

(5) "Post-release control sanction" has the same meaning as	68
in section 2967.01 of the Revised Code.	69

(B) If the circumstances described in division (C) of this	70
section apply, the determination of what school district must	71
admit a child to its schools and what district, if any, is liable	72
for tuition shall be made in accordance with this section, rather	73
than section 3313.64 of the Revised Code.	74

(C) A child who does not reside in the school district in	75
which the child's parent resides and for whom a tuition obligation	76
previously has not been established under division (C)(2) of	77
section 3313.64 of the Revised Code shall be admitted to the	78
schools of the district in which the child resides if at least one	79
of the child's parents is in a residential or correctional	80
facility or a juvenile residential placement and the other parent,	81
if living and not in such a facility or placement, is not known to	82
reside in this state.	83

(D) Regardless of who has custody or care of the child,	84
whether the child resides in a home, or whether the child receives	85
special education, if a district admits a child under division (C)	86
of this section, tuition shall be paid to that district as	87
follows:	88

(1) If the child's parent is in a juvenile residential	89
placement, by the district in which the child's parent resided at	90
the time the parent became subject to the jurisdiction of the	91
juvenile court;	92

(2) If the child's parent is in a correctional facility, by	93
the district in which the child's parent resided at the time the	94
sentence was imposed;	95

(3) If the child's parent is in a residential facility, by	96
the district in which the parent resided at the time the parent	97
was admitted to the residential facility, except that if the	98
parent was transferred from another residential facility, tuition	99
shall be paid by the district in which the parent resided at the	100
time the parent was admitted to the facility from which the parent	101
first was transferred;	102

(4) In the event of a disagreement as to which school	103
district is liable for tuition under division (C)(1), (2), or (3)	104
of this section, the superintendent of public instruction shall	105
determine which district shall pay tuition.	106

(E) If a child covered by division (D) of this section	107
receives special education in accordance with Chapter 3323. of the	108
Revised Code, the tuition shall be paid in accordance with section	109
3323.13 or 3323.14 of the Revised Code. Tuition for children who	110
do not receive special education shall be paid in accordance with	111
division (J) of section 3313.64 of the Revised Code.	112

Sec. 5901.02. In each county there shall be a commission	113
known as "the veterans service commission." ~~Except as provided in~~	114
~~section 5901.021 of the Revised Code, the~~The commission shall be	115
composed of five residents of the county appointed to five-year	116
terms by a judge of the court of common pleas. At the time of	117
appointment or reappointment to the commission, no commission	118
member appointed under this section shall be an employee of the	119
commission or hold an elective or other appointive office of the	120
county served by the commission.	121

Each member of the commission appointed under this section	122
shall be an honorably discharged or honorably separated veteran.	123
Within sixty days after the date of appointment, each such member	124
shall file the member's form DD214 with the department of veterans	125
services in accordance with guidelines established by the director	126
of that department. Such appointments shall be made from lists of	127
recommended persons, in the manner specified in the following	128
paragraph. One person shall be a representative recommended by the	129
American Legion; one person shall be a representative recommended	130
by the Veterans of Foreign Wars; one person shall be a	131
representative recommended by the Disabled American Veterans; one	132
person shall be a representative recommended by the AMVETS; and	133
one person shall be a representative recommended by the Military	134
Order of the Purple Heart of the U.S.A., the Vietnam Veterans of	135
America, or the Korean War Veterans Association. If any such	136
organization has no post or chapter located in the county, the	137
appointment shall be made from lists of recommended persons	138
submitted by posts or chapters of any other congressionally	139
chartered veterans organizations located in the county. If no such	140
other organizations have posts or chapters located in the county,	141
the judge responsible for making appointments under this section	142
may appoint any qualified veteran to represent the veteran	143
community.	144

On or before the fifteenth day of October of each year, the	145
appointing judge shall notify each post or chapter of each	146
organization within the county from which the member may or must	147
be appointed that it may submit a list containing three	148
recommendations of persons who are eligible for appointment. If	149
the judge does not receive any recommendations within sixty days	150
after providing the required notification, the judge may appoint	151
any qualified veteran to represent the veteran community. The	152
judge shall make the appointment on or before the fifteenth day of	153
January of each year. Any vacancy in a membership appointed under	154
this section shall be filled in the same manner as the original	155
appointments.	156

Beginning in the year 2000, appointment of members to the	157
commission under this section shall be made as follows:	158

(A) Appointments for members to represent the American Legion	159
shall be made for terms to commence in years ending in zero and	160
five.	161

(B) Appointments for members to represent the Veterans of	162
Foreign Wars shall be made for terms to commence in years ending	163
in one and six.	164

(C) Appointments for members to represent the Disabled	165
American Veterans shall be made for terms to commence in years	166
ending in two and seven.	167

(D) Appointments for members to represent the AMVETS shall be	168
made for terms to commence in years ending in three and eight.	169

(E) Appointments for members to represent the Military Order	170
of the Purple Heart of the U.S.A., the Vietnam Veterans of	171
America, or the Korean War Veterans Association shall be made for	172
terms to commence in years ending in four and nine.	173

The terms immediately preceding the initial appointments made	174
under divisions (A) to (E) of this section may be for periods of	175
less than five years.	176

The appointing authority shall remove a member who fails to	177
maintain certification or whose certification is revoked by the	178
director of veterans services.	179

Section 2. That existing sections 3313.65 and 5901.02 and	180
section 5901.021 of the Revised Code are repealed.	181

Section 3. As the terms of members who hold additional	182
memberships on a veterans service commission under section	183
5901.021 of the Revised Code expire, the additional memberships	184
are abolished. When the term of the last such member expires, the	185
membership of the commission shall be constituted only as	186
prescribed in section 5901.02 of the Revised Code.	187

Section 4. Section 3313.65 of the Revised Code is presented	188
in this act as a composite of the section as amended by both Am.	189
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. The	190
General Assembly, applying the principle stated in division (B) of	191
section 1.52 of the Revised Code that amendments are to be	192
harmonized if reasonably capable of simultaneous operation, finds	193
that the composite is the resulting version of the section in	194
effect prior to the effective date of the section as presented in	195
this act.	196