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Sub. H. B. No. 75As Passed by the SenateAs Passed by the Senate
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Buehrer, Olman, T. Patton, Gilb, Wagner, Webster, Kearns, Husted, Flowers, Cates, Hoops, McGregor, Calvert, Aslanides, Jerse, Carano, DeBose, Allen, Distel, DePiero, Young, Faber, Gibbs, Oelslager, Carmichael, Schmidt, Perry, Strahorn, J. Stewart, C. Evans, D. Evans, Boccieri, Latta, Driehaus, Grendell, Clancy, Brown, Schaffer, Setzer, Chandler, Seaver, Woodard, Reidelbach, Williams, Taylor, Hartnett, Callender, Barrett, Beatty, Book, Cirelli, Collier, Core, Daniels, Domenick, Hagan, Harwood, Hollister, Hughes, Key, Koziura, Martin, Mason, Miller, Niehaus, Otterman, S. Patton, Peterson, Price, Raga, Redfern, Schlichter, Schneider, Skindell, G. Smith, S. Smith, D. Stewart, Sykes, Trakas, Walcher, White, Widener, Widowfield, Willamowski, Wolpert, Yates
SENATORS Amstutz, Prentiss, Brady, Robert Gardner, Austria, Carnes, DiDonato, Fedor, Goodman, Harris, Hottinger, Jordan, Mumper, Roberts, Schuler, Schuring, Spada, Stivers, Wachtmann, White, Zurz, Armbruster, Dann
A BILL
To amend sections 311.01 and 3313.616 of the Revised Code to grant
high school diplomas to veterans of the Korean
Conflict, to expand eligibility for diplomas to certain veterans, to clarify the educational qualifications for county sheriffs, and to declare and emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 311.01 and 3313.616 of the Revised Code be
amended to read as follows:
Sec. 311.01. (A) A sheriff shall be elected quadrennially
in each county. A sheriff shall hold office for a term of four
years, beginning on the first Monday of January next after the
sheriff's election. (B) Except as otherwise
provided in this section, no person is eligible to be a candidate
for sheriff, and no person shall be elected or appointed to the
office of sheriff, unless that person meets all of the following
requirements: (1) The person is a citizen of the United States. (2) The person has been a resident of the county in which
the person is a
candidate for or is appointed to the office of sheriff for at
least one year immediately prior to the qualification date. (3) The person has the qualifications of an elector as
specified in
section 3503.01 of the Revised Code and has complied with all
applicable election laws. (4) The person has been awarded a high school diploma or a
certificate of high school
equivalence issued for achievement of specified minimum
scores on the general educational development test of the American
council on education. (5) The person has not been convicted of or pleaded guilty to a
felony or any offense involving moral turpitude under the laws of
this or any other state or the United States, and has not been
convicted of or pleaded guilty to an offense that is a
misdemeanor of the first degree under the laws of this state or
an offense under the laws of any other state or the United States
that carries a penalty that is substantially equivalent to the
penalty for a misdemeanor of the first degree under the laws of
this state. (6) The person has been fingerprinted and has been the
subject of a
search of local, state, and national fingerprint files to
disclose any criminal record. Such fingerprints shall be taken
under the direction of the administrative judge of the court of
common pleas who, prior to the applicable qualification date,
shall notify the board of elections, board of county
commissioners, or county central committee of the proper
political party, as applicable, of the judge's findings. (7) The person has prepared a complete history of
the person's places of
residence for a period of six years immediately preceding the
qualification date and a complete history of the person's places of
employment for a period of six years immediately preceding the
qualification date, indicating the name and address of each
employer and the period of time employed by that employer. The
residence and employment histories shall be filed with the
administrative judge of the court of common pleas of the county,
who shall forward them with the findings under division (B)(6) of
this section to the appropriate board of elections, board of
county commissioners, or county central committee of the proper
political party prior to the applicable qualification date. (8) The person meets at least one of the following conditions: (a) Has obtained or held, within the four-year period ending
immediately prior to the qualification date, a valid basic peace officer
certificate of training issued by the Ohio peace officer training
commission or has been issued a certificate of training
pursuant to section 5503.05 of the
Revised Code, and,
within the four-year period ending immediately prior to the qualification
date, has been employed as an appointee pursuant to section 5503.01 of the
Revised Code or as a full-time peace officer as defined in section 109.71 of
the Revised Code performing duties related to the enforcement of statutes,
ordinances, or codes; (b) Has obtained or held, within the three-year period ending
immediately prior to the qualification date, a valid basic peace officer
certificate of training issued by the Ohio peace officer training
commission and has been employed for at least the last
three years prior to the qualification date as a full-time
law enforcement
officer, as defined in division (A)(11) of section
2901.01 of the Revised Code,
performing duties related to the enforcement of statutes, ordinances, or
codes. (9) The person meets at least one of the following conditions: (a) Has at least two years of
supervisory experience as a peace officer at the
rank of corporal or above, or
has been appointed pursuant to section 5503.01 of the Revised Code and served
at the rank of sergeant or above, in the five-year period ending immediately
prior to the qualification date; (b) Has completed satisfactorily at
least two years of post-secondary education or the equivalent in
semester or quarter hours in a college or university authorized
to confer degrees by the Ohio board of regents or the comparable
agency of another state in which the college or university is
located or in a school that holds a certificate of registration issued by the state board of career colleges and schools under Chapter 3332. of the Revised Code. (C) Persons who meet the requirements of division (B) of
this section, except the requirement of division (B)(2) of this
section, may take
all actions otherwise necessary to comply with division (B) of
this section. If, on the applicable qualification date, no
person has met all the requirements of division (B) of this
section, then persons who have complied with and meet the
requirements of division (B) of this section, except the
requirement of division (B)(2) of this section, shall be considered
qualified candidates under division (B) of this section. (D) Newly elected sheriffs shall
attend a basic training course conducted by the Ohio peace officer
training commission pursuant to division (A) of section
109.80 of the Revised Code. A
newly elected sheriff shall complete not less than two weeks of this course
before the first Monday in January next after the sheriff's
election. While attending the basic training course, a newly elected sheriff
may, with the approval of the board of county commissioners, receive
compensation, paid for from funds established by the sheriff's county for this
purpose, in the same manner and amounts as if carrying out the powers and
duties of the office of sheriff. Appointed sheriffs shall attend the
first basic training course conducted by the Ohio peace officer
training commission pursuant to division (A) of section 109.80 of
the Revised Code within six months following the date of
appointment or election to the office of sheriff.
While
attending the basic training course, appointed sheriffs shall receive regular
compensation in the same manner and amounts as if
carrying out their regular powers and duties. Five days of instruction at the basic training course shall be considered
equal to one week of work. The costs of conducting the basic training course
and the costs of meals, lodging, and travel of appointed and
newly elected sheriffs attending the course shall be paid from
state funds appropriated to the commission for this purpose. (E) In each calendar year, each
sheriff shall attend and successfully complete at least sixteen
hours of continuing education approved under division (B) of
section 109.80 of the Revised Code. A sheriff who receives a
waiver of the continuing education requirement from the commission
under division (C) of section 109.80 of the Revised Code because
of medical disability or for other good cause shall complete the
requirement at the earliest time after the disability or cause
terminates. (F)(1) Each person who is a candidate for election to or who
is under consideration for appointment to the office of sheriff
shall swear before the administrative judge of the court of
common pleas as to the truth of any information the person
provides to verify the person's qualifications for the office.
A person who violates this requirement is guilty of
falsification under section 2921.13 of the Revised Code. (2) Each board of elections shall certify whether or not a
candidate for the office of sheriff who has filed a declaration of candidacy,
a statement of candidacy, or a declaration of intent to be a write-in
candidate meets the qualifications specified in divisions (B) and
(C) of this section. (G) The office of a sheriff who is required to comply with
division (D) or (E) of this section and who fails to successfully
complete the courses pursuant to those divisions is hereby deemed
to be vacant. (H) As used in this section: (1) "Qualification date" means the last day on which a
candidate for the office of sheriff can file a declaration of
candidacy, a statement of candidacy, or a declaration of intent
to be a write-in candidate, as applicable, in the case of a
primary election for the office of sheriff; the last day on which
a person may be appointed to fill a vacancy in a party nomination
for the office of sheriff under Chapter 3513. of the Revised
Code, in the case of a vacancy in the office of sheriff; or a
date thirty days after the day on which a vacancy in the office
of sheriff occurs, in the case of an appointment to such a
vacancy under section 305.02 of the Revised Code. (2) "Newly elected sheriff" means a person who did not
hold the office of sheriff of a county on the date the person was
elected sheriff of that county. Sec. 3313.616. (A)(1) Notwithstanding the requirements of
sections
3313.61, 3313.611, and 3313.612 of the Revised Code, the
board of
education of any city, exempted village, or local school
district or the governing authority of any chartered nonpublic
school
may grant a high school diploma
to any
World War II veteran
of World War II or the Korean conflict
who is
a resident of this
state or who was previously enrolled in any high school in this state if all of the following
apply: (a) The veteran left either: (i) Left a public or nonpublic school located in
any state prior to graduation
in order to
serve in the armed
forces of the United States; (ii) Left a public or nonpublic school located in any state prior to graduation due to family circumstances and subsequently entered the armed forces of the United States. (b) The veteran received an honorable discharge from the
armed forces of
the United States. (c) The veteran has not been granted a diploma as provided
in section
3313.61 or 3313.612 of the Revised Code, a diploma of
adult education as provided in
section 3313.611 of the Revised
Code, or a diploma under this section. (2) If a veteran who would otherwise qualify for a diploma
under this section is deceased, the board of education of any
school
district or the governing authority of any chartered
nonpublic school may award such diploma
to the veteran
posthumously and may present that diploma to a
living relative of
the veteran.
(B) The governor's office of
veterans' affairs, in
accordance with section 111.15 of the Revised Code, and with the
advice and consent of the veterans advisory committee established
under division (K) of section 5902.02 of the Revised Code, shall
develop and adopt rules to
implement this
section. Such rules
shall include, but not be limited to, rules
establishing
procedures for
application and verification of
eligible veterans
for a diploma under this
section.
Section 2. That existing sections 311.01 and 3313.616 of the Revised Code
are hereby repealed. Section 3. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is that the number of living veterans of World War II and the Korean Conflict is decreasing each day and the sacrifices they made by foregoing the completion of their own educations should be acknowledged and honored without delay. Therefore, this act shall go into immediate effect.
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