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(123rd General Assembly)(Amended Substitute House Bill Number 118)
AN ACT
To amend sections 351.07, 3735.42, 3735.62, 5901.01, 5903.11, and 5910.01 of
the Revised Code to include in the definition of veteran for certain purposes
an individual who served as a member of the United States Merchant Marine,
Army Transport Service, or Naval Transport Service and either has an honorable
report of separation from the active duty military service or died on active
duty while serving in a war zone during World War II.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 351.07, 3735.42, 3735.62, 5901.01, 5903.11, and
5910.01 of the Revised Code be amended to read as follows:
Sec. 351.07. (A)(1) A convention facilities authority shall
employ and fix the qualifications, duties, and compensation of
employees and enter into contracts for professional services as
it may require to conduct the business of the authority, provided
that no full-time employees shall be employed until the authority
adopts and implements a policy regarding hiring preferences for
veterans. "The authority at any time may suspend or dismiss any
employee or terminate any contract for professional services. (2) "Veteran" means an either of the following: (a) An individual who has served in the
active military or naval service of the United States, and who
was discharged or released under circumstances other than
dishonorable. Any employee may be suspended or dismissed, and
any contract for professional services may be terminated at any
time by the authority.; (b) An individual who has served as a member of the
United States merchant marine and
to whom either of the following applies: (i) The individual has an honorable
report of separation from the active duty military service, form
DD214 or DD215. (ii) The individual served in the united
States merchant marine
between December 7, 1941, and December 31, 1946, and died on
active duty while serving in a war zone during that period of service. (3) "United States merchant marine" includes the
United States army transport service and the United
States naval transport service. (B) A convention facilities authority may provide for the
administration and enforcement of the laws of the state by
employing special policemen police officers, and may seek the
assistance of other appropriate law enforcement officers to enforce its rules
and
maintain order. Special policemen police officers employed by
an authority shall serve as a security force with respect to the property,
grounds, buildings, equipment, and facilities under the authority's
control to protect the authority's property, suppress nuisances
and disturbances and breaches of the peace, and enforce laws for
the preservation of good order. In performing their duties,
special policemen police officers are vested with the same
powers of arrest as
police officers are given under divisions (A) and (B) of section
2935.03 of the Revised Code while on the grounds of the
authority's facilities, and under division (D) of such section
when off of the grounds of the authority's facilities. Sec. 3735.42. (A) Except as provided in any contract for financial
assistance
with the federal government in the selection of tenants for housing projects,
a metropolitan housing authority shall give preference, as among applicants
equally in need and eligible for occupancy of the dwelling and at the rent
involved, to families of veterans and servicemen persons serving in
the active military or naval service of the United
States, including families of
deceased veterans or servicemen deceased persons who were so serving
at the time of death. (B) As used in this section: (A)(1) "Veteran" means a either of the following:
(a) A person who has served in
the active military or naval
service of the United States and who was discharged or released therefrom
under conditions other than dishonorable. (B) "Servicemen" means a person serving in the active military or naval
service of the United States.;
(b) A person who served as a member of the United
States merchant marine and
to whom either of the following applies: (i) The person has an honorable report of separation
from active duty military service, form DD214 or
DD215. (ii) The person served in the United States
merchant marine
between December 7, 1941, and December 31, 1946, and died on
active duty while serving in a war zone during that period of service. (2) "United States merchant marine" includes the
United States army transport service and the United
States naval transport service. Sec. 3735.62. (A) Any five or more veterans, all of whom are
citizens of the United States and residents of this state, may form a
corporation not for profit under sections 1702.01 to 1702.58,
inclusive, of the Revised Code,
relating to corporations not for profit, for the purpose of purchasing real
property and constructing thereon residences for sale to members of such
corporation without any profit to the corporation, borrowing money for such
purpose, and mortgaging or pledging any assets of the corporation as security
therefor, and doing such other things as are appropriate in order to carry out
such purpose. The business of such corporation shall be carried on only
within such municipal corporation or other political subdivision of this state
as is specified in the articles of incorporation. As Except as
specified in this section, such corporation shall be governed by such
sections. (B) As used in this section, "veteran": (1) "Veteran" means any either of the following: (a) Any person who has served in any branch of the armed
forces of
the United States in or during any war in which this country has been or is
engaged. Except as specified in this section, such corporation shall be
governed by such sections.; (b) Any person who has served as a member of the United
States merchant marine and
to whom either of the following applies: (i) The person
has an honorable report of separation
from the active duty military service, form DD214 or DD215. (ii) the person served in the United States
merchant MARINE
between December 7, 1941, and December 31, 1946, and died on
active duty while serving in a war zone during that period of service. (2) "United States merchant marine" includes the
United States army transport service and the United
States naval transport service. Sec. 5901.01. As used in sections 5901.01 to 5901.37 of the Revised Code: (A) Except as otherwise provided in division (B) of this section, "veteran"
means a either of the following: (1) A former member of the armed forces of the United States who
served on
active military duty and received an honorable discharge or honorable
separation, a member of the armed forces of the United States who died on
active military duty, or a member of the armed forces of the United States
missing in action more than ninety days.; (2) A member of the United States merchant
marine to whom either of the following applies: (a) The member has an honorable report of separation from the
active duty military service, form DD214 or DD215. (b) The member served in the United States
merchant marine
between December 7, 1941, and December 31, 1946, and died on
active duty while serving in a war zone during that period of service. (B) As used in section 5901.08 and other sections of the Revised Code with
regard to applications for financial assistance under sections 5901.02 to
5901.15 of the Revised Code, "veteran" means a
either of the following: (1) A person who served in the armed
forces of the United States on active military duty and was
discharged from
the service under honorable conditions, and who either served on active duty
for reasons other than training or, while serving on active duty for training,
incurred a disability recognized by the department of veterans affairs or
department of defense as service-connected; (2) A person who served in the United States merchant
marine, who
either served on active duty for reasons other than training or,
while serving on active duty for training, incurred a disability
recognized by the department of veterans affairs or department of
defense as service-connected, and to whom either of the following
applies: (a) The person has an honorable report of separation from the
active duty military service, form DD214 or DD215. (b) The person served in the United States
merchant marine
between December 7, 1941, and December 31, 1946, and died on
active duty while serving in a war zone during that period of service. (C) "Veterans plot" means a plot of land in any cemetery, set apart to be
exclusively used for interring the remains of deceased veterans. (D) "United States merchant marine"
includes the United States army transport service and the
United States naval transport service. Sec. 5903.11. (A) Any federally funded employment and
training program administered by any state agency including, but
not limited to, the "Job Training Partnership Act," 96 Stat. 1322
(1982), 29 U.S.C.A. 1501, shall include a veteran priority system
to provide maximum employment and training opportunities to
veterans and other eligible persons within each targeted group as
established by federal law and state and federal policy in the
service area. Disabled veterans, veterans of the Vietnam era,
other veterans, and other eligible persons shall receive
preference over nonveterans within each targeted group in the
provision of employment and training services available through
these programs as required by this section. (B) Each state agency shall refer qualified applicants to
job openings and training opportunities in programs described in
division (A) of this section in the following order of priority: (1) Special disabled veterans; (2) Veterans of the Vietnam era; (3) Disabled veterans; (4) All other veterans; (5) Other eligible persons; (6) Nonveterans. (C) Each state agency providing employment and training
services to veterans and other eligible persons under programs
described in division (A) of this section shall submit an annual
written report to the speaker of the house of representatives and
the president of the senate on the services that it provides to
veterans and other eligible persons. Each such agency shall
report separately on all entitlement programs, employment or
training programs, and any other programs that it provides to
each class of persons described in divisions (B)(1) to (6) of
this section. Each such agency shall also report on action taken
to ensure compliance with statutory requirements. Compliance and
reporting procedures shall be in accordance with the reporting
procedures then in effect for all employment and training
programs described in division (A) of this section, with the
addition of veterans as a separate reporting module. (D) All state agencies that administer federally funded
employment and training programs described in division (A) of
this section for veterans and other eligible persons shall do all
of the following: (1) Ensure that veterans are treated with courtesy and
respect at all state governmental facilities; (2) Give priority in referral to jobs to qualified
veterans and other eligible persons; (3) Give priority in referral to and enrollment in
training programs to qualified veterans and other eligible
persons; (4) Give preferential treatment to special disabled
veterans in the provision of all needed state services; (5) Provide information and effective referral assistance
to veterans and other eligible persons regarding needed benefits
and services that may be obtained through other agencies. (E) As used in this section: (1) "Special disabled veteran" means a veteran who is
entitled to, or who but for the receipt of military pay would be
entitled to, compensation under any law administered by the
department of veterans affairs for a disability rated at thirty
per cent or more or a person who was discharged or released from
active duty because of a service-connected disability. (2) "Veteran of the Vietnam era" means an eligible veteran
who served on active duty for a period of more than one hundred
eighty days, any part of which occurred from August 5, 1964,
through May 7, 1975, and was discharged or released therefrom
with other than a dishonorable discharge or a person who was
discharged or released from active duty for a service-connected
disability if any part of the active duty was performed from
August 5, 1964, through May 7, 1975. (3) "Disabled veteran" means a veteran who is entitled to,
or who but for the receipt of military retirement pay would be
entitled to compensation, under any law administered by the
department of veterans affairs and who is not a special disabled
veteran. (4) "Eligible veteran" means a person who served on active
duty for more than one hundred eighty days and was discharged or
released from active duty with other than a dishonorable
discharge or a person who was discharged or released from active
duty because of a service-connected disability. (5) "Other eligible person" means one of the following: (a) The spouse of any person who died of a
service-connected disability; (b) The spouse of any member of the armed forces serving
on active duty who at the time of the spouse's application for
assistance under any program described in division (A) of this
section is listed pursuant to the act "Act of September
6, 1966," 80
Stat. 629, 37 U.S.C.A. 556, and the regulations issued pursuant
thereto, as having been in one or more of the following
categories for a total of ninety or more days: (i) Missing in action; (ii) Captured in line of duty by a hostile force; (iii) Forcibly detained or interned in line of duty by a
foreign government or power. (c) The spouse of any person who has a total disability
permanent in nature resulting from a service-connected disability
or the spouse of a veteran who died while such a disability was
in existence. (6) "Veteran" means any either of the following: (a) Any person who was a member of the
armed forces of the United States for a period of one hundred
eighty days or more or a person who was discharged or released
from active duty because of a service-connected disability.; (b) A person who served as a member of the United
States merchant marine and
to whom either of the following applies: (i) The person
has an honorable report of separation from
active duty military service, form DD214 or DD215. (ii) The person served in the United States
merchant marine
between December 7, 1941, and December 31, 1946, and died on
active duty while serving in a war zone during that period of service. (7) "Armed forces of the United States" means the army,
air force, navy, marine corps, coast guard, and any other
military service branch that is designated by congress as a part
of the armed forces of the United States. (8) "Employment program" means a program which provides
referral of individuals to employer job openings in the federal,
state, or private sector. (9) "Training program" means any program that upgrades the
employability of qualified applicants. (10) "Entitlement program" means any program that enlists
specific criteria in determining eligibility, including but not
limited to the existence in special segments of the general
population of specific financial needs. (11) "Targeted group" means a group of persons designated
by federal law or regulations or by state law to receive special
assistance under an employment and training program described in
division (A) of this section. (12) "United States merchant marine" includes
the United States army transport service and the
United States naval transport service. Sec. 5910.01. As used in this chapter
and section 5919.34 of the Revised Code: (A) "Child" includes natural and adopted children
and stepchildren who have not been legally adopted by the veteran parent
provided that the relationship between the stepchild and the veteran parent
meets the following criteria: (1) The veteran parent is married to the child's natural or adoptive
parent at the time application for a scholarship granted under this chapter is
made; or if the veteran parent is deceased, the child's natural or adoptive
parent was married to the veteran parent at the time of the veteran parent's
death; (2) The child resided with the veteran parent for a period of not less
than ten consecutive years immediately prior to making application
for the scholarship; or if the veteran parent is deceased, the child resided
with the veteran parent for a period of not less than ten consecutive years
immediately prior to the veteran parent's death; (3) The child received financial support from the veteran parent for a
period of not less than ten consecutive years immediately prior to making
application for the scholarship; or if the veteran parent is deceased,
the child received financial support from the veteran parent for a period of
not less than ten consecutive years immediately prior to the veteran parent's
death. (B) "Veteran" includes any either of the following: (1) Any person who was a member of the
armed services of the United States for a period of ninety days
or more, or who was discharged from the armed services due to a
disability incurred while a member with less than ninety days'
service, or who died while a member of the armed services; provided
that such service, disability, or death occurred during
one of the following periods: April 6, 1917, to November 11,
1918; December 7, 1941, to December
31, 1946; June 25, 1950, to January 31, 1955;
January 1, 1960, to May 7, 1975; August 2, 1990, to the end of
operations conducted as a result of the invasion of
Kuwait by Iraq, including support for operation desert shield
and operation desert storm, as
declared by the president of the United States or the congress; or
any other period of conflict established by the United
States department of veterans affairs for pension purposes.; (2) Any person who served as a member of the United
States merchant marine and to whom either of the following
applies: (a) The person has an honorable report of separation from
the active duty military service, form DD214 or DD215. (b) The person served in the United States
merchant marine
between December 7, 1941, and December 31, 1946, and died on
active duty while serving in a war zone during that period of service. (C) "Armed services of the United States" or "United
States armed forces" includes the
army, air force, navy, marine corps, coast guard, and such other
military service branch as may be designated by congress as a
part of the armed forces of the United States. (D) "Board" means the Ohio war orphans scholarship board
created by section 5910.02 of the Revised Code. (E) "Disabled" means having a sixty per cent or greater
service-connected disability or receiving benefits for permanent
and total nonservice-connected disability, as determined by the
United States department of veterans
affairs. (F) "United States merchant marine" includes
the United States army transport service and the
United States naval transport service. SECTION 2 . That existing sections 351.07, 3735.42, 3735.62, 5901.01, 5903.11,
and 5910.01 of the Revised Code are hereby repealed.
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