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As Reported by House Veterans' Affairs Committee
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. S. B. No. 120 |
SENATORS WATTS-SPADA-SCHAFRATH-LATELL-SHOEMAKER-CARNES-LATTA-
PRENTISS-WACHTMANN-DiDONATO-MUMPER-NEIN-GARDNER-DRAKE-ARMBRUSTER-
WHITE-CUPP-HAGAN-KEARNS-FINAN-BRADY
A BILL
To amend sections 5.23, 123.024, 4503.571, 5901.02, 5901.07, and 5902.02
and to enact sections 3301.25, 5901.99, and 5902.15 of the Revised
Code to
require members of county veterans service commissions and county
veterans service officers to file a copy of their Form DD214
with the Governor's Office of Veterans Affairs; to
designate November 10 of each year as "Veterans Educate Today's
Students Day"; to require the Department of Education to
distribute to school libraries a book and videotape relating to
the Ohio Veterans Plaza; to require the payment of the existing
additional $10 fee in connection with a Purple Heart special
license plate only when a license plate is issued and to eliminate
the payment of the additional fee when the Purple Heart special
license plate is renewed; to make it a misdemeanor of the first degree to
misrepresent one's veteran or veteran-related status to obtain certain
benefits or financial assistance; to require the Department of Administrative
Services to provide office space for the Ohio Veterans' Home; and to create
the Military Activation Task
Force
at specified times in the Governor's Office of Veterans Affairs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5.23, 123.024, 4503.571, 5901.02, 5901.07, and
5902.02 be amended and sections 3301.25, 5901.99, and 5902.15 of the
Revised
Code be enacted to read as follows:
Sec. 5.23. (A) The twelfth day of February, known as Lincoln's
birthday, the
twenty-second day of February, known as Washington's birthday, the thirtieth
day of May, known as Memorial day, and the eleventh day of November, known as
Veterans' day, shall be commemorated in the schools.
(B) THE TENTH DAY OF NOVEMBER IS DESIGNATED AS "VETERANS
EDUCATE TODAY'S STUDENTS DAY" OR "V.E.T.S.
DAY." EACH ELEMENTARY AND SECONDARY SCHOOL IN THIS STATE IS ENCOURAGED TO
COMMEMORATE AND OBSERVE THIS DAY BY INVITING VETERANS, ON OR ABOUT THIS DAY,
TO VISIT THE SCHOOL AND DISCUSS THEIR MILITARY EXPERIENCES WITH THE STUDENTS
OF THE SCHOOL.
Sec. 123.024. (A) The department of administrative
services shall assign and make available, at state expense,
suitable office space in state-owned facilities to accommodate
the office operations of the state headquarters of both ALL of
the
following:
(1) All veterans organizations in this state that either
are incorporated and issued a charter by the congress of the
United States or are recognized by the United States department
of veterans affairs;
(2) The auxiliary organizations of veterans organizations
described in division (A)(1) of this section;
(3) THE OHIO VETERANS' HOME.
(B) The department may situate office space for each
auxiliary organization of a veterans organization with or near
the office space of that veterans organization.
Sec. 3301.25. THE DEPARTMENT OF EDUCATION SHALL DISTRIBUTE TO THE
LIBRARY OF EACH SECONDARY SCHOOL IN THIS STATE A COPY OF THE BOOK
"LETTERS
HOME:
THE
LETTERS OF THE
OHIO VETERANS PLAZA" AND A VIDEOTAPE OF THE
OHIO VETERANS PLAZA DEDICATION.
Sec. 4503.571. Any person who has been awarded the purple
heart may apply to the registrar of motor vehicles for the
registration of one passenger car, noncommercial motor vehicle,
recreational vehicle, or other vehicle of a class approved by the registrar
that the person owns or leases. The application shall be accompanied by such
documentary evidence in support of the award as the registrar may require.
The application may be combined with a request for a special reserved
license plate under section 4503.40 or 4503.42 of the
Revised Code.
Upon receipt of an application for registration of a motor
vehicle under this section and the required taxes and fees, and
UPON presentation of the required supporting evidence of the award of
the purple
heart, the registrar shall issue to the applicant the appropriate motor
vehicle registration and a set of license plates and a validation sticker, or
a validation sticker alone when required by section 4503.191 of the Revised
Code.
In addition to the letters and numbers ordinarily inscribed thereon
ON THE LICENSE PLATES, the
license plates shall be inscribed with the words "PURPLE HEART." The
license plates shall bear county identification stickers that identify the
county of registration by name or number.
The license plates and validation stickers shall be issued upon payment of the
regular license fee required by section 4503.04 of the Revised Code, payment
of any local motor vehicle license tax levied under Chapter 4504. of the
Revised Code, payment of an additional fee of ten dollars ONLY WHEN A
LICENSE PLATE IS ISSUED, and compliance with
all other applicable laws relating to the registration of motor vehicles. If
the application is combined with a request for a special reserved license
plate under section 4503.40 or 4503.42 of the Revised Code, the license plates
and validation sticker shall be issued upon payment of the
fees and taxes referred to in this section and the additional fee prescribed
under section 4503.40 or 4503.42 of the Revised Code. The additional fee of
ten dollars shall be for the purpose of compensating the bureau of motor
vehicles for additional
services required in the issuing of license plates under this section and
shall be transmitted by the registrar to the treasurer of state for deposit
into the state treasury to the credit of the state bureau of motor vehicles
fund created by section 4501.25 of the Revised Code.
NO ADDITIONAL FEE SHALL BE CHARGED WHEN A VALIDATION STICKER ALONE IS
ISSUED.
No person who is not a recipient of the purple heart shall
willfully and falsely represent that the person is a recipient of a
purple heart for the purpose of obtaining license plates under
this section. No person shall own a motor vehicle bearing
license plates under this section unless the person is eligible
to be issued such THOSE license plates.
Sec. 5901.02. In each county there shall be a commission known as "the
veterans service commission" composed of five persons. Such
THOSE persons shall be
residents of the county and shall be appointed to five-year terms by a judge
of the court of common pleas. At the time of his appointment or
reappointment
to the commission, no commission member shall be an employee of the commission
or hold an elective or other appointive office of the county served by the
commission.
Each person on MEMBER OF the commission shall be an honorably
discharged or honorably
separated veteran. WITHIN SIXTY DAYS AFTER THE DATE OF APPOINTMENT, EACH
MEMBER OF THE COMMISSION SHALL FILE THE MEMBER'S FORM DD214
WITH THE GOVERNOR'S OFFICE OF VETERANS
AFFAIRS IN ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE DIRECTOR OF THAT
OFFICE.
Appointments to the commission shall be made from lists
of
recommended persons, in the manner specified in the following paragraph. One
person shall be a representative recommended by the American Legion; one
person shall be a representative recommended by the Veterans of Foreign Wars;
one person shall be a representative recommended by the Disabled American
Veterans; one person shall be a representative recommended by the
AMVETS,; and one person shall be a representative
recommended by the
Military Order of the Purple Heart of the U.S.A. or the Vietnam Veterans of
America. If any such organization has no post or chapter located in the
county, the appointment shall be made from lists of recommended persons
submitted by posts or chapters of any other congressionally chartered veterans
organizations located in the county. If no such other organizations have
posts or chapters located in the county, the judge DESCRIBED IN THE
FOLLOWING PARAGRAPH may appoint any qualified
veteran to represent the veteran community.
On or before the fifteenth day of October of each year, the judge of the court
of common pleas who is responsible for making appointments to the commission
shall notify each post or chapter, of each organization within the county from
which the member may or must be appointed that it may submit a list containing
three recommendations of persons who are eligible for appointment. If the
judge does not receive any recommendations within sixty days after providing
the required notification, he THE JUDGE may appoint any
qualified veteran to represent
the veteran community. The judge shall make the appointment on or before the
fifteenth day of January of each year. Vacancies occurring on the commission
shall be filled in the same manner as the original appointments.
Beginning in the year 2000, appointments to the commission shall be made as
follows:
(A) Appointments for members to represent the American Legion shall be made
for terms to commence in years ending in zero and five.
(B) Appointments for members to represent the veterans
VETERANS of Foreign Wars shall
be made for terms to commence in years ending in one and six.
(C) Appointments for members to represent the Disabled American Veterans
shall be made for terms to commence in years ending in two and seven.
(D) Appointments for members to represent the AMVETS shall be made
for terms to commence in years ending in three and eight.
(E) Appointments for members to represent the Military Order of the Purple
Heart of the U.S.A. or the Vietnam Veterans of America shall be made for terms
to commence in years ending in four and nine.
The terms immediately preceding the initial appointments made under divisions
(A) to (E) of this section may be for periods of less than five years.
Sec. 5901.07. The veterans service commission shall employ
one or more county veterans service officers, one of whom may act as executive
director. Each SERVICE officer shall be a veteran. WITHIN SIXTY
DAYS AFTER THE DATE OF INITIAL EMPLOYMENT, EACH SERVICE OFFICER SHALL FILE A
COPY OF THE OFFICER'S FORM DD214 WITH THE
GOVERNOR'S OFFICE OF VETERANS AFFAIRS IN ACCORDANCE WITH GUIDELINES
ESTABLISHED BY THE DIRECTOR OF THAT OFFICE. Each SERVICE
OFFICER
shall be employed in the
classified service and is exempt from civil service examination. The
duties
of these SERVICE officers are to SHALL advise and
assist present and former members of the
armed forces of the United States, veterans, and
their spouses, surviving spouses, children, parents, and dependents
in presenting claims or obtaining rights or benefits
under any law of the United States or of this state.
The commission shall employ each service officer on a
part- or full-time basis and fix his THE OFFICER'S
compensation. No county
commissioner or member of the veterans service commission shall
be employed as a service officer. The
THE commission shall employ the
necessary clerks, stenographers, and other personnel to assist
the service officer OFFICERS in the performance of duties and
SHALL fix their
compensation. Each of these employees shall be a veteran or, if a qualified
veteran is not available, the spouse, surviving spouse, child, or parent of
a veteran. Each OF THESE EMPLOYEES shall be employed in the classified
service and is exempt
from civil service examination. The
THE board of county commissioners, upon the
recommendation or approval of the VETERANS SERVICE commission, may
provide
suitable office space, supplies, and office and incidental
expenses for each service officer. The compensation of the EACH
service officer and of any employee and any expenses incurred
under this section shall be paid out of funds appropriated to the
commission, as provided in section 5901.11 of the Revised Code.
Sec. 5901.99. (A) NO PERSON WHO IS NOT A VETERAN, AN
ACTIVE-DUTY MEMBER OF THE ARMED FORCES OF THE UNITED STATES,
OR
THE SPOUSE, SURVIVING SPOUSE, DEPENDENT PARENT, MINOR CHILD, OR WARD OF A
VETERAN OR AN ACTIVE-DUTY MEMBER OF THE ARMED FORCES OF
THE UNITED STATES SHALL KNOWINGLY REPRESENT THAT THE PERSON
IS A
VETERAN, AN ACTIVE-DUTY MEMBER OF THE ARMED FORCES OF THE UNITED
STATES, OR THE SPOUSE, SURVIVING SPOUSE, DEPENDENT PARENT, MINOR
CHILD, OR WARD OF A VETERAN OR AN
ACTIVE-DUTY MEMBER OF THE ARMED FORCES OF THE UNITED STATES
AND IS
ELIGIBLE FOR ANY BENEFITS OR FINANCIAL ASSISTANCE RELATED TO VETERAN STATUS
FOR THE PURPOSE OF RECEIVING SUCH
BENEFITS OR FINANCIAL ASSISTANCE.
(B) WHOEVER VIOLATES THIS SECTION IS GUILTY OF MISREPRESENTATION
OF VETERAN STATUS, A MISDEMEANOR OF THE FIRST DEGREE.
Sec. 5902.02. The duties of the director of the governor's
office of veterans affairs shall include the following:
(A) Furnishing the veterans service commissions of all
counties of the state copies of the state laws, rules, and
legislation relating to the operation of the commissions and
their offices;
(B) Upon application, assisting the general public in
obtaining records of vital statistics pertaining to veterans or
their dependents;
(C) Promulgating ADOPTING rules pursuant to Chapter 119. of the
Revised Code pertaining to minimum qualifications for hiring,
certifying, and accrediting county veterans service officers and
pertaining to their required duties;
(D) Promulgating ADOPTING rules pursuant to Chapter 119. of the
Revised Code for the education, training, certification, and
duties of veterans service commissioners;
(E) Developing and monitoring programs and agreements
enhancing employment and training for veterans in single or
multiple county areas;
(F) Developing and monitoring programs and agreements to
enable county veterans service commissions to address
homelessness, indigency, and other veteran-related issues
individually or jointly;
(G) Developing and monitoring programs and agreements to
enable state agencies, individually or jointly, that provide
services to veterans, including the Ohio veterans' home and the Ohio bureau of
employment
services, to address homelessness, indigency, employment, and
other veteran-related issues;
(H) Establishing and providing statistical reporting
formats and procedures for county veterans service commissions;
(I) Publishing annually, promulgating change notices for,
and distributing a listing of county veterans service officers,
county veterans service commissioners, state directors of
veterans affairs, and national and state service officers of
accredited veterans organizations and their state headquarters.
The listing shall include the expiration dates of commission
members' terms of office and the organizations they represent;
the names, addresses, and telephone numbers of county veterans
service officers and state directors of veterans affairs; and the
addresses and telephone numbers of the Ohio offices and
headquarters of state and national veterans service
organizations.
(J) Publishing, by the first day of April of each
odd-numbered year, a directory of Ohio THE laws OF THIS
STATE dealing with
veterans, as enacted through the conclusion of the previous
session of the general assembly, and distributing the publication
to each county veterans service office and the state headquarters
of each congressionally chartered veterans organization in the
state;
(K) Establishing a veterans advisory committee to advise
and assist the governor's office of veterans affairs in its duties. Members
shall include a state representative of congressionally
chartered veterans organizations referred to in section 5901.02
of the Revised Code, a representative of any other
congressionally chartered state veterans organization that has at
least one veterans service commissioner in the state, three
representatives of the Ohio state association of county veterans
service commissioners, who shall have a combined vote of one,
three representatives of the state association of county veterans
service officers, who shall have a combined vote of one, one
representative of the county commissioners association of Ohio,
who shall be a county commissioner not from the same county as
any of the other county representatives, and a representative of
the office of the attorney general. The governor's office of
veterans affairs shall submit to the advisory committee
proposed rules for the committee's operation. The
committee may review and revise these proposed rules prior
to submitting them to the joint committee on agency rule review.
(L) Promulgating ADOPTING, with the advice and assistance of
the
veterans advisory committee, policy and procedural
guidelines, which THAT the veterans service commissions shall
adhere to in
the
development and implementation of rules, policies, procedures,
and guidelines for the administration of Chapter 5901. of the
Revised Code. The governor's office of veterans affairs shall
promulgate ADOPT no guidelines or rules regulating the purposes,
scope,
duration, or amounts of financial assistance provided to
applicants pursuant to sections 5901.01 to 5901.15 of the Revised
Code. The director of the governor's office of veterans affairs
may obtain opinions from the office of the attorney general
regarding rules, policies, procedures, and guidelines of the
veterans service commissions and may enforce compliance with
Chapter 5901. of the Revised Code.
(M) RECEIVING COPIES OF FORM DD214 FILED IN ACCORDANCE WITH THE
DIRECTOR'S GUIDELINES ADOPTED UNDER DIVISION (L) OF THIS SECTION FROM
MEMBERS OF VETERANS SERVICE COMMISSIONS APPOINTED UNDER SECTION 5901.02 AND
FROM
COUNTY VETERANS SERVICE OFFICERS EMPLOYED UNDER SECTION 5901.07 of the Revised Code;
(N) Taking any other actions required by this chapter.
Sec. 5902.15. (A) IF THE PRESIDENT OF THE UNITED
STATES INDICATES THAT NATIONAL GUARD OR RESERVE FORCES WITH
HEADQUARTERS IN THIS
STATE MAY BE CALLED TO ACTIVE MILITARY DUTY, THE GOVERNOR OR THE
DIRECTOR OF THE GOVERNOR'S OFFICE OF VETERANS
AFFAIRS SHALL CONVENE, NOT LATER THAN TEN DAYS AFTER ALL ITS
MEMBERS ARE APPOINTED, A MILITARY ACTIVATION TASK FORCE TO
DETERMINE WHETHER FEDERAL, STATE, AND COUNTY AGENCIES HAVE
PREPARED PROPER SUPPORT MECHANISMS FOR THAT MILITARY ACTIVATION. THE
TASK FORCE SHALL PREPARE AND PUBLISH A REPORT STATING WHETHER
THESE MECHANISMS HAVE BEEN PREPARED AND WHAT FURTHER ACTIONS NEED
TO BE TAKEN TO SUPPORT THAT MILITARY ACTIVATION.
(B) THE MEMBERS OF THE TASK FORCE ARE THE CHAIRPERSONS AND
RANKING MINORITY MEMBERS OF THE COMMITTEES OF THE HOUSE OF
REPRESENTATIVES AND SENATE THAT CUSTOMARILY CONSIDER BILLS DEALING
WITH THE MILITARY AND VETERANS AFFAIRS, AND A REPRESENTATIVE OF EACH OF
THE FOLLOWING AGENCIES AND ORGANIZATIONS WHOM THAT AGENCY
OR ORGANIZATION SHALL APPOINT:
(1) THE OHIO ARMY NATIONAL GUARD;
(2) THE OHIO AIR NATIONAL GUARD;
(3) THE UNITED STATES ARMY RESERVE;
(4) THE UNITED STATES MARINE CORPS RESERVE;
(5) THE UNITED STATES NAVAL RESERVE;
(6) THE UNITED STATES AIR FORCE RESERVE;
(7) THE UNITED STATES COAST GUARD RESERVE;
(8) THE UNITED STATES DEPARTMENT OF VETERANS
AFFAIRS;
(9) THE AMERICAN LEGION, DEPARTMENT OF
OHIO;
(10) THE VETERANS OF FOREIGN WARS, DEPARTMENT
OF OHIO;
(11) THE AMVETS, DEPARTMENT OF OHIO;
(12) THE DISABLED AMERICAN VETERANS, DEPARTMENT
OF
OHIO;
(13) THE AMERICAN EX-PRISONERS OF WAR,
DEPARTMENT OF
OHIO;
(14) THE VIETNAM VETERANS OF AMERICA,
DEPARTMENT OF
OHIO;
(15) THE OFFICE OF THE OHIO ATTORNEY GENERAL;
(16) THE OHIO ASSOCIATION OF COUNTY VETERANS SERVICE
OFFICERS;
(17) THE OHIO ASSOCIATION OF COUNTY VETERANS SERVICE
COMMISSIONERS;
(18) THE BUREAU OF EMPLOYMENT SERVICES;
(19) THE DEPARTMENT OF ADMINISTRATIVE SERVICES;
(20) THE STATE DEPARTMENT OF HUMAN SERVICES;
(21) THE OHIO OFFICE OF THE UNITED STATES
DEPARTMENT OF LABOR;
(22) THE EMPLOYER SUPPORT OF THE NATIONAL GUARD AND RESERVE;
(23) THE OHIO MILITARY FAMILY SUPPORT GROUP;
(24) THE NATIONAL LEAGUE OF FAMILIES OF PRISONERS AND MISSING IN
ACTION;
(25) THE GOVERNOR'S OFFICE OF VETERANS AFFAIRS.
(C) AT ITS FIRST MEETING, THE TASK FORCE SHALL ELECT A
CHAIRPERSON
AND OTHER OFFICERS IT CONSIDERS NECESSARY.
(D) MEMBERS OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION BUT
SHALL BE REIMBURSED FOR EXPENSES THEY INCUR IN THE PERFORMANCE OF THEIR
DUTIES.
(E) MEMBERS OF THE TASK FORCE SHALL SERVE UNTIL THE TASK FORCE
PUBLISHES ITS REPORT. ANY VACANCY ON THE TASK FORCE SHALL BE FILLED
IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.
(F) THE GOVERNOR'S OFFICE OF VETERANS AFFAIRS SHALL PROVIDE THE
TASK FORCE WITH NECESSARY PERSONNEL, SUPPLIES, AND SERVICES.
Section 2. That existing sections 5.23, 123.024, 4503.571, 5901.02,
5901.07, and 5902.02 of the Revised Code are hereby repealed.
Section 3. Each member of a county veterans service commission
appointed under section 5901.02 of the Revised Code, as amended by
this act, and each county veterans service officer appointed under
section 5901.07 of the Revised Code, as amended by this act, who
is serving on the effective date of this act shall file, within 60
days after that date, with the Governor's Office of Veterans
Affairs, the member's or officer's Form DD214.
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