2q. (A) Upon the order of the commissioners of the | 12 |
sinking fund
created by Section 8 of Article VIII of the | 13 |
Constitution of the
State of Ohio, the Ohio public facilities | 14 |
commission shall proceed to issue and sell, from time
to
time, | 15 |
bonds or
other obligations of the state in such amounts as
are | 16 |
necessary
to provide all or part of the funds as may be
required | 17 |
to pay the
compensation established by, and the expenses
of | 18 |
administering,
this section. The original principal amount of | 19 |
obligations so issued
shall not exceed two hundred million | 20 |
dollars, provided that obligations issued under this section to | 21 |
retire or refund obligations previously issued under this section | 22 |
shall not be counted against that issuance limitation. The full | 23 |
faith and
credit, revenue, and taxing power of the state is | 24 |
hereby pledged
for payment of debt service on such obligations | 25 |
issued under this section, and the state covenants to continue the | 26 |
levy, collection, and application of sufficient state excises, | 27 |
taxes, and revenues to the extent needed for those purposes; | 28 |
provided that moneys referred to in Section 5a of Article XII of | 29 |
the Constitution of the State of Ohio may not be pledged or used | 30 |
for the payment of debt service. As used in
this section, "debt | 31 |
service" means principal and interest and
other accreted amounts | 32 |
payable on the obligations authorized
by this section. | 33 |
Each obligation so issued shall mature not later than the | 34 |
thirty-first day of December of the fifteenth calendar year after | 35 |
its issuance, except that obligations issued to refund obligations | 36 |
under this section shall mature not later than
the thirty-first | 37 |
day of December of the fifteenth calendar year
after the year in | 38 |
which the original obligation was issued.
Except for obligations | 39 |
issued under this section to retire
or refund obligations | 40 |
previously issued under this section, no obligations shall
be | 41 |
issued under this
section later than
April 1, 2012. | 42 |
In the case of the issuance of any obligations under this | 43 |
section as bond anticipation notes, provision shall be made in the | 44 |
bond or note proceedings for the establishment, and the | 45 |
maintenance during the period the notes are outstanding, of | 46 |
special funds into which there shall be paid, from the sources | 47 |
authorized for payment of the bonds anticipated, the amount that | 48 |
would have been sufficient to pay the principal that would have | 49 |
been payable on those bonds during that period if bonds maturing | 50 |
serially in each year over the maximum period of maturity referred | 51 |
to in this section had been issued without the prior issuance of | 52 |
the notes. Those special funds and investment income on them shall | 53 |
be used solely for the payment of debt service on those notes or | 54 |
the bonds anticipated. | 55 |
Such obligations shall be sold only to the best bidder or | 60 |
bidders after notice of sale has been published setting forth the | 61 |
terms and conditions of the sale. The notice of sale shall state | 62 |
the date and time
of the
sale, the
total
face value of the | 63 |
obligations to be
sold,
their
denominations
and maturity | 64 |
dates,
information
relative to the
rates of interest
that they | 65 |
may bear, the
dates
on which the
interest will be
payable, | 66 |
whether and on what terms
they are subject to call or prior | 67 |
redemption, and any other
applicable term or condition of the | 68 |
sale. | 69 |
(B) Out of the proceeds of the sale of all obligations, | 70 |
except those issued to refund or retire obligations previously | 71 |
issued under this section,
the amount that represents accrued | 72 |
interest, if any, shall be paid
into the state treasury into the | 73 |
Persian gulf, Afghanistan, and
Iraq conflicts compensation bond | 74 |
retirement fund, which is hereby
created. As determined at the | 75 |
time of sale, the amount that represents premium shall be paid | 76 |
into either the Persian gulf, Afghanistan, and Iraq conflicts | 77 |
compensation bond retirement fund or the Persian gulf, | 78 |
Afghanistan, and Iraq conflicts compensation fund, which is hereby | 79 |
created in the state treasury. The balance of the proceeds shall | 80 |
be paid into the Persian gulf, Afghanistan, and Iraq conflicts | 81 |
compensation fund. All proceeds of the sale of any obligations | 82 |
issued under this section to refund or retire obligations | 83 |
previously issued under this section shall be paid into the | 84 |
Persian gulf, Afghanistan, and Iraq conflicts compensation bond | 85 |
retirement fund and used to pay debt service on those outstanding | 86 |
obligations so refunded. The general assembly
may appropriate and | 87 |
cause to be paid into the Persian gulf,
Afghanistan, and Iraq | 88 |
conflicts compensation bond retirement fund
or the Persian gulf, | 89 |
Afghanistan, and Iraq conflicts compensation
fund, out of money | 90 |
in the treasury not otherwise appropriated,
such amount as is | 91 |
proper for use for the purposes for
which such funds are created. | 92 |
Except for amounts advanced by the general assembly to the Persian | 93 |
gulf, Afghanistan, and Iraq conflicts compensation fund with the | 94 |
express expectation of reimbursement from the proceeds of | 95 |
obligations paid into that fund, and except for amounts | 96 |
transferred under division (E) of this section for the purpose of | 97 |
defraying the immediate cost of administration and compensation, | 98 |
if the
general
assembly
appropriates any funds to the Persian | 99 |
gulf,
Afghanistan,
and
Iraq conflicts compensation fund prior | 100 |
to the
time obligations have been issued in the original | 101 |
principal amount authorized in this section, that original | 102 |
principal amount authorized in this section shall be reduced by | 103 |
the
amount of funds
appropriated. | 104 |
(C) On or before the first day of July in each fiscal year, | 105 |
there shall be certified to the director of budget and
management | 106 |
the total amount of funds necessary to provide, together with all | 107 |
other money
that will
be
available in the Persian gulf, | 108 |
Afghanistan, and Iraq
conflicts
compensation bond retirement | 109 |
fund, for the payment of debt service in that fiscal year.
The | 110 |
director shall transfer from the general
revenue fund to the | 111 |
Persian gulf, Afghanistan, and Iraq conflicts
compensation bond | 112 |
retirement fund, without necessity of
appropriation by the | 113 |
general assembly, an
amount equal to the
amount so certified, | 114 |
and those funds shall be used for the payment
of the debt | 115 |
service. | 116 |
(a) The person has served in active duty in the United States | 124 |
armed forces, except active duty for training only, at any
time | 125 |
between August 2, 1990, and March 3, 1991, at any time
between | 126 |
October 7, 2001, and the date determined by the president
or | 127 |
congress of the United States as the end of involvement of the | 128 |
United States armed forces in Afghanistan, or at any time between | 129 |
March 19, 2003, and the date determined by the president or | 130 |
congress of the United States as the end of the involvement of the | 131 |
United States armed forces in Iraq. | 132 |
A person who meets the requirements of divisions (D)(1)(a), | 140 |
(b), and (c) of this section is entitled to, and may apply to | 141 |
receive, compensation of fifty dollars for each month of active | 142 |
domestic or foreign service and one hundred dollars for each month | 143 |
of Persian gulf, Afghanistan, or Iraq service during the | 144 |
compensable periods. A person who is medically discharged or | 145 |
medically retired from service due to combat-related disabilities | 146 |
sustained during Persian gulf, Afghanistan, or Iraq service is | 147 |
entitled to, and may apply to receive, compensation of one | 148 |
thousand dollars. The
maximum amount of cash payable to any | 149 |
person in active domestic or
foreign service is five hundred | 150 |
dollars and the maximum amount of
cash payable to any person in | 151 |
Persian gulf, Afghanistan, or Iraq
service is one thousand | 152 |
dollars, unless the person qualifies for a
survivor's payment or | 153 |
a payment based on missing in action or
prisoner of war status | 154 |
under division (D)(2) or (D)(3) of this
section. Compensation for | 155 |
a fraction of a month of service shall
be paid on the basis of | 156 |
one-thirtieth of the appropriate monthly
amount for each day of | 157 |
service. | 158 |
(2) The surviving spouse, surviving child or children, or | 159 |
surviving parent or parents, including a person or persons | 160 |
standing in loco parentis for one year preceding commencement of | 161 |
service in the United States armed forces, is entitled to, and may | 162 |
apply to receive, the
same amount of compensation that the person | 163 |
who served in the
armed forces would have received under division | 164 |
(D)(1) of this
section. If the United States department of | 165 |
veterans' affairs
determines that the person's death was the | 166 |
result of injuries or
illness sustained in Persian gulf, | 167 |
Afghanistan, or Iraq service,
the person's survivors are entitled | 168 |
to, and may apply for, a survivor's payment of
five thousand | 169 |
dollars, regardless of the amount of compensation
that the | 170 |
deceased would have been entitled to receive under this
section, | 171 |
if living. The survivor's payment shall be made to the
surviving | 172 |
spouse. If there is no surviving spouse, the payment
shall go to | 173 |
the surviving child or children. If there are no
surviving | 174 |
children, the payment shall go to the surviving parent
or parents | 175 |
or person or persons standing in loco parentis. | 176 |
(3) A person designated by the United States department of | 177 |
defense as missing in action as a result of honorable service or | 178 |
held in enemy captivity, or the spouse, child, or parent, | 179 |
including
a person standing in loco parentis for one year | 180 |
preceding
commencement of active duty service, of a person | 181 |
designated as
missing in action or held in enemy captivity, is | 182 |
entitled to, and
may apply for, a
payment of five thousand | 183 |
dollars. This payment
replaces any other
cash benefit payable | 184 |
under this section. While
the person is
missing or held captive, | 185 |
the payment shall be made
to the person's
spouse. If there is no | 186 |
spouse to claim the
payment, payment shall
be made to the | 187 |
person's child or children.
If the person does not
have | 188 |
children, payment shall be made to
the person's parent or | 189 |
parents or person or persons standing in
loco parentis. | 190 |
The commissioners shall select and appoint legal counsel
and | 255 |
employees as are necessary and fix their compensation and | 256 |
prescribe their duties. All appointees shall serve at the | 257 |
commissioners'
pleasure. When practical, the commissioners shall | 258 |
employ
Persian gulf,
Afghanistan, and Iraq conflict
veterans to | 259 |
fill such
positions.
The general assembly shall
transfer | 260 |
necessary funds to
the
Persian gulf, Afghanistan, and
Iraq | 261 |
conflicts compensation
fund
and to the commissioners'
operating | 262 |
budget, for the purpose of
defraying the immediate cost
of | 263 |
administration and compensation.
Any funds so transferred shall | 264 |
not reduce the original principal
amount of obligations that may | 265 |
be issued under this section. | 266 |
On retirement of all of the obligations issued under this | 273 |
section and payment of all valid claims for cash compensation made | 274 |
within the time limitations under this section, the commissioners | 275 |
shall
make a final report to the general assembly. Any
balance | 276 |
remaining in the Persian gulf, Afghanistan, and Iraq
conflicts | 277 |
compensation fund or the Persian gulf, Afghanistan, and
Iraq | 278 |
conflicts compensation bond retirement fund shall be
transferred | 279 |
or disposed of as provided by law. | 280 |