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H. B. No. 649 As Passed by the HouseAs Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Bacon, Dolan, Flowers, Jones, McGregor, R., Schlichter, Stewart, J., Adams, Aslanides, Batchelder, Ciafardini, Collier, Daniels, Evans, Gibbs, Goodwin, Hagan, J., Hite, Hughes, Peterson, Reinhard, Schindel, Schneider, Sears, Setzer, Uecker, Wachtmann, White, Widener, Zehringer
A BILL
To amend section 5902.02 and to enact sections
5902.16 and 5902.161 of the Revised Code to
provide compensation to veterans of the Persian
Gulf, Afghanistan, and Iraq conflicts.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5902.02 be amended and sections
5902.16 and 5902.161 of the Revised Code be enacted to read as
follows:
Sec. 5902.02. The duties of the director of veterans
services 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) Adopting rules pursuant to Chapter 119. of the
Revised
Code pertaining to minimum qualifications for hiring,
certifying,
and accrediting county veterans service officers,
pertaining
to
their required duties, and pertaining to revocation of the
certification of county veterans service officers;
(D) Adopting rules pursuant to Chapter 119. of the
Revised
Code for the education, training, certification, and
duties of
veterans service commissioners and for the revocation of the
certification of a veterans service commissioner;
(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
veterans'
homes
operated under
Chapter 5907. of the Revised Code and the director
of job and
family
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 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 department of veterans
services 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, a representative of the
advisory committee on
women veterans, a representative of a labor
organization, and a
representative
of
the
office of the attorney
general. The
department
of
veterans
services 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) Adopting, with the advice and assistance of the
veterans
advisory committee, policy and procedural
guidelines 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
department of veterans services shall
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
veterans
services
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) Developing and maintaining and improving a resource, such
as a telephone answering point or a web site, by means of which
veterans and their dependents, through a single portal, can access
multiple sources of information and interaction with regard to the
rights of, and the benefits available to, veterans and their
dependents. The director of veterans services may enter into
agreements with state and federal agencies, with agencies of
political subdivisions, with state and local instrumentalities,
and with private entities as necessary to make the resource as
complete as is possible.
(O) Planning, organizing, advertising, and conducting
outreach efforts, such as conferences and fairs, at which veterans
and their dependents may meet, learn about the organization and
operation of the department of veterans services and of veterans
service commissions, and obtain information about the rights of,
and the benefits and services available to, veterans and their
dependents;
(P) Advertising, in print, on radio and television, and
otherwise, the rights of, and the benefits and services available
to, veterans and their dependents;
(Q) Developing and advocating improved benefits and services
for, and improved delivery of benefits and services to, veterans
and their dependents;
(R) Searching for, identifying, and reviewing statutory and
administrative policies that relate to veterans and their
dependents and reporting to the general assembly statutory and
administrative policies that should be consolidated in whole or in
part within the organization of the department of veterans
services
to unify funding, delivery, and accounting of statutory
and
administrative policy expressions that relate particularly
to
veterans and their dependents;
(S) Encouraging veterans service commissions to innovate and
otherwise to improve efficiency in delivering benefits and
services to veterans and their dependents and to report successful
innovations and efficiencies to the director of veterans services;
(T) Publishing and encouraging adoption of successful
innovations and efficiencies veterans service commissions have
achieved in delivering benefits and services to veterans and their
dependents;
(U) Establishing advisory committees, in addition to the
veterans advisory committee established under division (K) of this
section, on veterans issues;
(V) Developing and maintaining a relationship with
the
United States department of veterans affairs, seeking optimal
federal benefits and services for Ohio veterans and their
dependents, and encouraging veterans service commissions to
maximize the federal benefits and services to which veterans and
their dependents are entitled;
(W) Developing and maintaining relationships with the
several veterans organizations, encouraging the organizations in
their efforts at assisting veterans and their dependents, and
advocating for adequate state subsidization of the organizations;
(X) Requiring the several veterans organizations that receive
funding from the state annually to report to the director of
veterans services and prescribing the form and content of the
report;
(Y) Investigating complaints against county veterans services
commissioners and county veterans service officers if the director
reasonably believes the investigation to be appropriate and
necessary;
(Z) Administering the Persian gulf, Afghanistan, and Iraq
conflict compensation program established in section 5902.16 of
the Revised Code and adopting rules as necessary to implement the
program;
(AA) Taking any other actions required by this chapter.
Sec. 5902.16. (A) As used in this section:
"Afghanistan service" means military service within
Afghanistan during the period between October 7, 2001, and the
date
determined by the president or congress of the United States
as
the end of the involvement of the United States armed forces
in
Afghanistan.
"Domestic service" means service within the territorial
limits of the fifty states, excluding sea duty.
"Foreign service" means service in locations other than the
territorial limits of the fifty states, excluding Persian gulf,
Afghanistan, or Iraq service.
"Iraq service" means military service within Iraq during the
period between March 19, 2003, and the date determined by the
president or congress of the United States as the end of the
involvement of the United States armed forces in Iraq.
"Persian gulf service" means military service within the
Persian gulf theater of operations during the period between
August 2, 1990, and March 3, 1991.
"United States armed forces" includes members of the Ohio
national guard serving on active duty.
(B) The director of veterans services shall implement and
administer the Persian gulf, Afghanistan, and Iraq conflicts
compensation program. Under the program, payments shall be made to
each person who meets
all of the following
requirements:
(1) The person has served in active duty in the United States
armed forces, except active duty for training only, at any
time
between August 2, 1990, and March 3, 1991, at any time
between
October 7, 2001, and the date determined by the president
or
congress of the United States as the end of involvement of the
United States armed forces in Afghanistan, or at any time between
March 19, 2003, and the date determined by the president or
congress of the United States as the end of the involvement of the
United States armed forces in Iraq;
(2) The person was an Ohio resident for at least one year
immediately preceding the start of active duty service and is
currently an Ohio resident;
(3) The person was separated from the United States armed
forces under
honorable conditions, is still serving in active
duty service, is retired from active duty service, or remains in
the Ohio national guard after serving on active duty.
(C) A person who meets the requirements of division (B) of
this section may apply to
receive compensation of fifty dollars
for each month of active
domestic or foreign service and one
hundred dollars for each month
of Persian gulf, Afghanistan, or
Iraq service during the
compensable periods. A person who is
medically discharged or
medically retired from service due to
combat-related disabilities
sustained during Persian gulf,
Afghanistan, or Iraq service may apply to receive compensation of
one
thousand dollars. The
maximum amount of cash payable to any
person in active domestic or
foreign service is five hundred
dollars and the maximum amount of
cash payable to any person in
Persian gulf, Afghanistan, or Iraq
service is one thousand
dollars, unless the person qualifies for a
survivor's payment or
a payment based on missing in action or
prisoner of war status
under division (D) of this
section. Compensation for
a fraction
of a month of service shall
be paid on the basis of
one-thirtieth of the appropriate monthly
amount for each day of
service.
(D)(1) The surviving spouse, surviving child or children, or
surviving parent or parents, including a person or persons
standing in loco parentis for one year preceding commencement of
service in the United States armed forces, is entitled to, and may
apply to receive, the
same amount of compensation that the person
who served in the
armed forces would have received under division
(C) of this
section. If the United States department of
veterans' affairs
determines that the person's death was the
result of injuries or
illness sustained in Persian gulf,
Afghanistan, or Iraq service,
the person's survivors are entitled
to, and may apply for, a survivor's payment of
five thousand
dollars, regardless of the amount of compensation
that the
deceased would have been entitled to receive under this
section,
if living. The survivor's payment shall be made to the
surviving
spouse. If there is no surviving spouse, the payment
shall go to
the surviving child or children. If there are no
surviving
children, the payment shall go to the surviving parent
or parents
or person or persons standing in loco parentis.
(2) A person designated by the United States department of
defense as missing in action as a result of honorable service or
held in enemy captivity, or the spouse, child, or parent,
including
a person standing in loco parentis for one year
preceding
commencement of active duty service, of a person
designated as
missing in action or held in enemy captivity, is
entitled to, and
may apply for, a
payment of five thousand
dollars. This payment
replaces any other
cash benefit payable
under this section. While
the person is
missing or held captive,
the payment shall be made
to the person's
spouse. If there is no
spouse to claim the
payment, payment shall
be made to the
person's child or children.
If the person does not
have
children, payment shall be made to
the person's parent or
parents or person or persons standing in
loco parentis.
No payment to a spouse, child, parent, or person in loco
parentis of a person designated as missing in action as a result
of honorable service or held in enemy captivity, while the person
is missing in action or held captive, shall prevent the missing or
captive person from claiming and receiving a bonus of an equal
amount on the person's release or location.
(E) Compensation shall not be paid under this section as
follows:
(1) To any person who received from
another state a bonus or
compensation of a similar nature;
(2) To any person who served less than
ninety days in the
United States armed forces, unless active duty
was terminated as
a result of injuries or illness sustained during
Persian gulf,
Afghanistan, or Iraq service during the compensable
period;
(3) To any person for any
time period spent under penal
confinement during the compensable
period.
(F) All applications for payment of compensation under this
section shall be made to the director
according to
the following
schedule:
(1) For Persian gulf service, not later than December 31,
2010.
(2) For Afghanistan service, not later than three years after
the date determined by the president or congress of the United
States as the end of involvement of the United States armed forces
in Afghanistan.
(3) For Iraq service, not later than three years after the
date determined by the president or congress of the United States
as the end of involvement of the United States armed forces in
Iraq.
(G) The director shall have complete charge of
making
payment of compensation under division (C) of this section
and
shall adopt rules, including rules regarding the amounts to
which
beneficiaries are entitled, residency requirements, and any
other
rules necessary to implement this section. These rules
shall be
adopted in accordance with Chapter 119. of the Revised
Code.
The director shall select and appoint legal counsel
and
employees as are necessary and fix their compensation and
prescribe their duties. All appointees shall serve at the
director's
pleasure. When practical, the director shall
employ
Persian gulf,
Afghanistan, and Iraq conflict
veterans to
fill
such
positions.
(H) No sale or assignment of any right or claim to
compensation under this section shall be valid. No claims of
creditors shall be enforceable against rights or claims to or
payments of compensation under this section. No fees shall be
charged for services in connection with the prosecution of any
right or claim to compensation or the collection of any
compensation under this section.
(I) On payment of all valid claims for cash compensation made
within the time limitations under this section, the director shall
make a final report to the general assembly. Any funds
remaining
in the Persian gulf,
Afghanistan,
and
Iraq conflicts
compensation fund shall be transferred to the budget stabilization
fund.
Sec. 5902.161. (A) There is hereby created in the state
treasury
the Persian gulf, Afghanistan, and Iraq conflicts
compensation
fund. The fund shall consist of amounts lawfully
appropriated,
transferred, and credited to the fund. The director
of veterans
services shall use the fund to pay for compensation
to veterans of
the Persian gulf, Afghanistan, and Iraq conflicts
in accordance
with section 5902.16 of the Revised Code. All
investment earnings
of the fund shall be credited to the fund.
(B) If the director of veterans services determines that the
money available in the Persian gulf, Afghanistan, and Iraq
conflicts compensation fund is inadequate to provide the
compensation required by section 5902.16 of the Revised Code, the
director of veterans services shall request that the director of
budget and management transfer an amount in cash, estimated by the
director of veterans services as being sufficient to meet those
requirements, from the budget stabilization fund established in
section 131.43 of the Revised Code to the Persian gulf,
Afghanistan, and Iraq conflicts compensation fund. The total
amount to be transferred from the budget stabilization fund to the
Persian gulf, Afghanistan, and Iraq conflicts compensation fund,
including any amounts authorized in uncodified law, shall not be
more than two hundred million dollars.
Section 2. That existing section 5902.02 of the Revised Code
is hereby repealed.
Section 3. All items in this section are hereby appropriated
as designated out of any moneys in the state treasury to the
credit of the Persian Gulf, Afghanistan, and Iraq Conflicts
Compensation Fund for fiscal year 2009. The appropriation made in
this act is in addition to any other appropriations made for the
FY 2008-2009 biennium.
DVS DEPARTMENT OF VETERANS SERVICES
Persian Gulf, Afghanistan, and Iraq Conflicts Compensation Fund
5FS0 |
900605 |
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Persian Gulf, Afghanistan, and Iraq Conflicts Compensation |
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$ |
150,000,000 |
TOTAL 5FS0 Persian Gulf, Afghanistan, and Iraq Conflicts Compensation Fund |
|
$ |
150,000,000 |
TOTAL ALL BUDGET FUND GROUPS |
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$ |
150,000,000 |
PERSIAN GULF, AFGHANISTAN, AND IRAQ CONFLICTS COMPENSATION
Within 15 days after the effective date of this section, the
Director of Budget and Management shall transfer $150,000,000 in
fiscal year 2009 from the Budget Stabilization Fund (Fund 7013) to
the Persian Gulf, Afghanistan, and Iraq Conflicts Compensation
Fund (Fund 5FS0) in the Department of Veterans Services.
The Director of Veterans Services shall use the foregoing
appropriation item 900605, Persian Gulf, Afghanistan, and Iraq
Conflicts Compensation, to carry out section 5902.16 of the
Revised Code.
Section 4. Within the limits set forth in this act, the
Director of Budget and Management shall establish accounts
indicating the source and amount of funds for each appropriation
made in this act, and shall determine the form and manner in which
appropriation accounts shall be maintained. Expenditures from
appropriations contained in this act shall be accounted for as
though made in Am. Sub. H.B. 119 of the 127th General Assembly.
The appropriations made in this act are subject to all
provisions of Am. Sub. H.B. 119 of the 127th General Assembly that
are generally applicable to the appropriations.
Section 5. The codified and uncodified sections of law
amended and enacted by this act are exempt from the referendum
under Ohio Constitution, Article II, Section 1d and section 1.471
of the Revised Code and therefore take effect immediately when
this act
becomes law.
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