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(127th General Assembly)
(Amended Substitute Senate Bill Number 289)
AN ACT
To amend sections 121.02, 121.03, 2311.07, 2311.08,
2743.03, 3313.616, 3319.13, 4112.01, 5901.02,
5901.021, 5901.07, 5901.09, 5902.01, 5902.02,
5902.03, 5902.04, 5902.06, 5902.07,
5902.08,
5902.15, 5903.02, 5903.99, 5904.01, 5907.01,
5907.02,
5907.022,
5907.023, 5907.03, 5907.04,
5907.11,
5907.12,
5907.13, 5907.141,
5910.02,
and 5923.05, to enact
sections 2743.091,
5533.871, and
5902.09, and to repeal sections
124.29, 5902.05,
and 5903.01
of the
Revised
Code to create a
Department of
Veterans
Services and a Director
of
Veterans
Services,
to
create duties for the
department and
the
director, to transfer the
duties of the
Governor's Office of Veterans
Affairs to the
department, to place the Ohio
Veterans' Home
Agency and the Ohio War Orphans
Scholarship Board
under the department, to
establish specified
employment rights for private
sector
employees
in
the uniformed services, to
permit a person
aggrieved
under the federal "Uniformed Services
Employment and Reemployment Rights Act" to file a
claim
against the person's employer in a state
court,
to require the clerk of the court to give
the
action
priority on the court's dockets,
to
prohibit the court from
requiring a plaintiff to
pay court costs, and to designate State Route 660
in Guernsey County as the "Major James W. Reed
Memorial Highway."
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 121.02, 121.03, 2311.07, 2311.08,
2743.03, 3313.616, 3319.13, 4112.01, 5901.02,
5901.021, 5901.07,
5901.09, 5902.01, 5902.02, 5902.03, 5902.04,
5902.06, 5902.07,
5902.08, 5902.15, 5903.02, 5903.99, 5904.01, 5907.01,
5907.02,
5907.022, 5907.023, 5907.03, 5907.04, 5907.11, 5907.12,
5907.13,
5907.141, 5910.02, and 5923.05 be amended and that sections
2743.091, 5533.871, and 5902.09
of the
Revised Code be enacted
to read as
follows:
Sec. 121.02. The following administrative departments and
their respective directors are hereby created:
(A) The office of budget and management, which shall be
administered by the director of budget and management;
(B) The department of commerce, which shall be
administered
by the director of commerce;
(C) The department of administrative services, which shall
be
administered by the director of administrative services;
(D) The department of transportation, which shall be
administered by the director of transportation;
(E) The department of agriculture, which shall be
administered by the director of agriculture;
(F) The department of natural resources, which shall be
administered by the director of natural resources;
(G) The department of health, which shall be administered
by
the director of health;
(H) The department of job and family services, which
shall be
administered by the director of job and family services;
(I) Until July 1, 1997, the department of liquor control,
which shall be
administered by the director of liquor control;
(J) The department of public safety, which shall be
administered by the director of public safety;
(K) The department of mental health, which shall be
administered by the director of mental health;
(L) The department of mental retardation and developmental
disabilities, which shall be administered by the director of
mental retardation and developmental disabilities;
(M) The department of insurance, which shall be
administered
by the superintendent of insurance as director
thereof;
(N) The department of development, which shall be
administered by the director of development;
(O) The department of youth services, which shall be
administered by the director of youth services;
(P) The department of rehabilitation and correction, which
shall be administered by the director of rehabilitation and
correction;
(Q) The environmental protection agency, which shall be
administered by the director of environmental protection;
(R) The department of aging, which shall be administered
by
the director of aging;
(S) The department of alcohol and drug addiction services,
which shall be administered by the director of alcohol and drug
addiction services;
(T) The department of veterans services, which shall be
administered by the director of veterans services.
The director of each department shall exercise the powers
and
perform the duties vested by law in such department.
Sec. 121.03. The following administrative department heads
shall be appointed by the governor, with the advice and consent
of
the senate, and shall hold their offices during the term of
the
appointing governor, and are subject to removal at the
pleasure of
the governor.
(A) The director of budget and management;
(B) The director of commerce;
(C) The director of transportation;
(D) The director of agriculture;
(E) The director of job and family services;
(F) Until July 1, 1997, the director of liquor control;
(G) The director of public safety;
(H) The superintendent of insurance;
(I) The director of development;
(J) The tax commissioner;
(K) The director of administrative services;
(L) The director of natural resources;
(M) The director of mental health;
(N) The director of mental retardation and developmental
disabilities;
(O) The director of health;
(P) The director of youth services;
(Q) The director of rehabilitation and correction;
(R) The director of environmental protection;
(S) The director of aging;
(T) The director of alcohol and drug addiction services;
(U) The administrator of workers' compensation who meets
the
qualifications required under division (A) of section 4121.121 of
the
Revised Code;
(V) The director of veterans services who meets the
qualifications required under section 5902.01 of the Revised Code.
Sec. 2311.07. Cases in which there is an issue of fact or
damages to be
assessed shall be tried in the order in which they
stand on the trial docket,
unless by the consent of parties, or by
the order of the court, they are
continued or placed at the end of
the docket, or for good cause shown are
especially assigned for
trial or hearing out of their regular order. Actions
for wages and
actions pursuant to section 5903.02 of the Revised Code shall be
first in order for trial.
Sec. 2311.08. The court may assign for trial the cases
triable to a jury, in
a series, in the order in which they stand
upon the docket, giving preference
always to actions for wages,
actions pursuant to section 5903.02 of the Revised Code, and cases
not triable to a jury, in a series in
like manner. All other cases
shall be heard in the order in which they stand
upon the trial
docket, unless the court otherwise directs.
Sec. 2743.03. (A)(1) There is hereby created a court of
claims. The court of claims is a court of record and has
exclusive, original jurisdiction of all civil actions against the
state permitted by the waiver of immunity contained in section
2743.02 of the Revised Code, exclusive jurisdiction of the causes
of action of all parties in civil actions that are removed to the
court of claims, and jurisdiction to hear appeals from the
decisions of the court of claims commissioners. The court shall
have full equity powers in all actions within its jurisdiction
and
may entertain and determine all counterclaims, cross-claims,
and
third-party claims.
(2) If the claimant in a civil action as described in
division (A)(1) of this section also files a claim for a
declaratory judgment, injunctive relief, or other equitable
relief
against the state that arises out of the same
circumstances that
gave rise to the civil action described in
division (A)(1) of this
section, the court of claims has
exclusive, original jurisdiction
to hear and determine that claim
in that civil action. This
division does not affect, and shall
not be construed as affecting,
the original jurisdiction of
another court of this state to hear
and determine a civil action
in which the sole relief that the
claimant seeks against the
state is a declaratory judgment,
injunctive relief, or other
equitable relief.
(3) In addition to its exclusive, original jurisdiction as
conferred by division (A)(1) and (2) of this section, the court
of
claims has exclusive, original jurisdiction as described in
division (F) of section 2743.02 and, division (B) of section
3335.03, and division (C) of section 5903.02 of the Revised Code.
(B) The court of claims shall sit in Franklin county, its
hearings shall be public, and it shall consist of incumbent
justices or judges of the supreme court, courts of appeals, or
courts of common pleas, or retired justices or judges eligible
for
active duty pursuant to division (C) of Section 6 of Article
IV,
Ohio Constitution, sitting by temporary assignment of the
chief
justice of the supreme court. The chief justice may
direct the
court to sit in any county for cases on removal upon a
showing of
substantial hardship and whenever justice dictates.
(C)(1) A civil action against the state shall be heard and
determined by a single judge. Upon application by the claimant
or
the state, the chief justice of the supreme court may assign a
panel of three judges to hear and determine a civil action
presenting novel or complex issues of law or fact. Concurrence
of
two members of the panel is necessary for any judgment or
order.
(2) Whenever the chief justice of the supreme court
believes
an equitable resolution of a case will be expedited, he the
chief
justice
may appoint referees in accordance with Civil Rule 53 to
hear the
case.
(3) When any dispute under division (B) of section 153.12
of
the Revised Code is brought to the court of claims, upon
request
of either party to the dispute, the chief justice of the
supreme
court shall appoint a single referee or a panel of three
referees.
The referees need not be attorneys, but shall be
persons
knowledgeable about construction contract law, a member
of the
construction industry panel of the American arbitration
association, or an individual or individuals deemed qualified by
the chief justice to serve. No person shall serve as a referee
if
that person has been employed by an affected state agency or a
contractor or subcontractor involved in the dispute at any time
in
the preceding five years. Proceedings governing referees
shall be
in accordance with Civil Rule 53, except as modified by
this
division. The referee or panel of referees shall submit its
report, which shall include a recommendation and finding of fact,
to the judge assigned to the case by the chief justice, within
thirty days of the conclusion of the hearings. Referees
appointed
pursuant to this division shall be compensated on a per
diem basis
at the same rate as is paid to judges of the court and
also shall
be paid their expenses. If a single referee is
appointed or a
panel of three referees is appointed, then, with
respect to one
referee of the panel, the compensation and
expenses of the referee
shall not be taxed as part of the costs
in the case but shall be
included in the budget of the court. If
a panel of three referees
is appointed, the compensation and
expenses of the two remaining
referees shall be taxed as costs of
the case.
All costs of a case shall be apportioned among the parties.
The court may not require that any party deposit with the court
cash, bonds, or other security in excess of two hundred dollars
to
guarantee payment of costs without the prior approval in each
case
of the chief justice.
(4) An appeal from a decision of the court of claims
commissioners shall be heard and determined by one judge of the
court of claims.
(D) The Rules of Civil Procedure shall govern practice and
procedure in all actions in the court of claims, except insofar
as
inconsistent with this chapter. The supreme court may
promulgate
rules governing practice and procedure in actions in
the court as
provided in Section 5 of Article IV, Ohio
Constitution.
(E)(1) A party who files a counterclaim against the state
or
makes the state a third-party defendant in an action commenced
in
any court, other than the court of claims, shall file a
petition
for removal in the court of claims. The petition shall
state the
basis for removal, be accompanied by a copy of all
process,
pleadings, and other papers served upon the petitioner,
and shall
be signed in accordance with Civil Rule 11. A petition
for removal
based on a counterclaim shall be filed within
twenty-eight days
after service of the counterclaim of the
petitioner. A petition
for removal based on third-party practice
shall be filed within
twenty-eight days after the filing of the
third-party complaint of
the petitioner.
(2) Within seven days after filing a petition for removal,
the petitioner shall give written notice to the parties, and
shall
file a copy of the petition with the clerk of the court in
which
the action was brought originally. The filing effects the
removal
of the action to the court of claims, and the clerk of
the court
where the action was brought shall forward all papers
in the case
to the court of claims. The court of claims shall
adjudicate all
civil actions removed. The court may remand a
civil action to the
court in which it originated upon a finding
that the removal
petition does not justify removal, or upon a
finding that the
state is no longer a party.
(3) Bonds, undertakings, or security and injunctions,
attachments, sequestrations, or other orders issued prior to
removal remain in effect until dissolved or modified by the court
of claims.
Sec. 2743.091. If a person brings an action in the court of
claims pursuant to section 5903.02 of the Revised Code or section
4323 of the "Uniformed Services Employment and Reemployment Rights
Act of 1994," 108 Stat. 3149, 38 U.S.C. 4301, et seq., the clerk
of the court of claims shall give the action priority on the court
of claims' dockets.
Sec. 3313.616. (A) 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
veteran
of World War
II, the Korean conflict, or the Vietnam 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:
(1) The veteran either:
(a) 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;
(b) 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.
(2) The veteran received an honorable discharge from the
armed forces of
the United States.
(3) 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.
(B) 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 woman who left high school during World
War II, the Korean conflict, or the Vietnam conflict and who is a
resident of this state or was previously enrolled in any high
school in this state, if both of the following apply:
(1) The woman either:
(a) Left a public or nonpublic school located in any state
prior to graduation in order to join the workforce to support her
family or to join the war effort;
(b) Left a public or nonpublic school located in any state
prior to graduation due to family circumstances and subsequently
joined the workforce or war effort.
(2) The woman 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.
(C) If a person 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 person
posthumously
and may present that diploma to a
living relative of
the person.
(D) The governor's office department of
veterans' affairs
veterans services, 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 persons
for a diploma under this
section.
Sec. 3319.13. Upon the written request of a teacher or a
regular nonteaching
school employee, a board of education may
grant a leave of absence for a
period of not more than two
consecutive school years for educational,
professional, or other
purposes, and shall grant such leave where illness or
other
disability is the reason for the request. Upon subsequent
request,
such
leave may be renewed by the board. Without request,
a board
may grant similar
leave of absence and renewals thereof to
any
teacher or regular nonteaching
school employee because of
physical
or mental disability, but such teacher may
have a hearing
on such
unrequested leave of absence or its renewals in
accordance
with
section 3319.16 of the Revised Code, and such nonteaching
school
employee may have a hearing on such unrequested leave of
absence
or its
renewals in accordance with division (C) of section
3319.081 of the Revised
Code. Upon the return to service of a
teacher or a nonteaching school
employee at the expiration of a
leave of absence, the teacher or
nonteaching school employee shall
resume the contract status that the teacher
or nonteaching school
employee held prior to the leave of absence. Any
teacher who
leaves a teaching position for service in the uniformed services
and who returns from service in the uniformed services that is
terminated in a
manner other than as described in section 4304 of
Title 38 of the United
States Code, "Uniformed Services Employment
and Reemployment Rights Act of
1994," 108 Stat. 3149, 38 U.S.C.A.
4304, shall resume the contract status held
prior to entering the
uniformed services, subject to passing a physical
examination
by
an individual authorized by the Revised Code to conduct physical
examinations, including a physician assistant, a clinical nurse
specialist, a certified
nurse practitioner, or a certified
nurse-midwife. Any written documentation of the physical
examination shall be completed by the individual who conducted the
examination. Such contract
status
shall be resumed at the
first
of
the school
semester or the
beginning of the school year
following
return from the
uniformed
services. For purposes of
this section
and section 3319.14 of the
Revised Code, "uniformed
services" and
"service in the uniformed
services"
have the same
meanings as
defined in section 5903.01 5923.05 of
the Revised Code.
Upon the return of a nonteaching school employee from a leave
of absence, the
board may terminate the employment of a person
hired exclusively for the
purpose of replacing the returning
employee while the returning employee was
on leave. If, after the
return of a nonteaching employee from leave, the
person employed
exclusively for the purpose of replacing an employee while the
employee was on leave is continued in employment as a regular
nonteaching
school employee or if the person is hired by the board
as a regular
nonteaching school employee within a year after
employment as a replacement is
terminated, the person shall, for
purposes of section 3319.081 of the Revised
Code, receive credit
for the person's length of service with the school
district during
such replacement period in the following manner:
(A) If employed as a replacement for less than twelve
months,
the person
shall be employed under a contract valid for a
period
equal to twelve months
less the number of months employed
as a
replacement. At the end of such
contract period, if the
person is
reemployed it shall be under a two-year
contract.
Subsequent
reemployment shall be pursuant to division (B) of
section 3319.081
of the Revised Code.
(B) If employed as a replacement for twelve months or more
but less than
twenty-four months, the person shall be employed
under a contract valid for a
period equal to twenty-four months
less the number of months employed as a
replacement. Subsequent
reemployment shall be pursuant to division (B) of
section 3319.081
of the Revised Code.
(C) If employed as a replacement for more than twenty-four
months, the person
shall be employed pursuant to division (B) of
section 3319.081 of the Revised
Code.
For purposes of this section, employment during any part of
a
month shall count as employment during the entire month.
Sec. 4112.01. (A) As used in this chapter:
(1) "Person" includes one or more individuals,
partnerships,
associations, organizations, corporations, legal
representatives,
trustees, trustees in bankruptcy, receivers, and
other organized
groups of persons. "Person" also includes, but
is not limited to,
any owner, lessor, assignor, builder, manager,
broker,
salesperson, appraiser, agent, employee,
lending
institution, and
the state and all political subdivisions,
authorities, agencies,
boards, and commissions of the state.
(2) "Employer" includes the state, any political
subdivision
of the state, any person employing four or more
persons within the
state, and any person acting directly or
indirectly in the
interest of an employer.
(3) "Employee" means an individual employed by any
employer
but does not include any individual employed in the
domestic
service of any person.
(4) "Labor organization" includes any organization that
exists, in whole or in part, for the purpose of collective
bargaining or of dealing with employers concerning grievances,
terms or conditions of employment, or other mutual aid or
protection in relation to employment.
(5) "Employment agency" includes any person regularly
undertaking, with or without compensation, to procure
opportunities to work or to procure, recruit, refer, or place
employees.
(6) "Commission" means the Ohio civil rights commission
created by section 4112.03 of the Revised Code.
(7) "Discriminate" includes segregate or separate.
(8) "Unlawful discriminatory practice" means any act
prohibited by section 4112.02, 4112.021, or 4112.022 of the
Revised Code.
(9) "Place of public accommodation" means any inn,
restaurant, eating house, barbershop, public conveyance by air,
land, or water, theater, store, other place for the sale of
merchandise, or any other place of public accommodation or
amusement of which the accommodations, advantages, facilities, or
privileges are available to the public.
(10) "Housing accommodations" includes any building or
structure, or portion of a building or structure, that is used or
occupied or is intended, arranged, or designed to be used or
occupied as the home residence, dwelling, dwelling unit, or
sleeping place of one or more individuals, groups, or families
whether or not living independently of each other; and any vacant
land offered for sale or lease. "Housing accommodations" also
includes any housing accommodations held or offered for sale or
rent by a real estate broker, salesperson, or agent, by
any other
person pursuant to authorization of the owner, by the owner, or
by
the owner's legal representative.
(11) "Restrictive covenant" means any specification
limiting
the transfer, rental, lease, or other use of any housing
accommodations because of race, color, religion, sex, military
status, familial
status, national origin, disability, or ancestry,
or
any
limitation
based upon affiliation with or approval by any
person,
directly
or indirectly, employing race, color, religion,
sex, military status,
familial
status, national origin,
disability, or ancestry as a
condition of
affiliation or approval.
(12) "Burial lot" means any lot for the burial of deceased
persons within any public burial ground or cemetery, including,
but not limited to, cemeteries owned and operated by municipal
corporations, townships, or companies or associations
incorporated
for cemetery purposes.
(13) "Disability" means a physical or mental
impairment
that
substantially limits one or more major life activities, including
the functions of caring for one's self, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, and
working; a record of a physical or mental impairment; or being
regarded as having a physical or mental impairment.
(14) Except as otherwise provided in section 4112.021 of
the
Revised Code, "age" means at least forty years old.
(15) "Familial status" means either of the following:
(a) One or more individuals who are under eighteen years
of
age and who are domiciled with a parent or guardian having
legal
custody of the individual or domiciled, with the written
permission of the parent or guardian having legal custody, with a
designee of the parent or guardian;
(b) Any person who is pregnant or in the process of
securing
legal custody of any individual who is under eighteen
years of
age.
(16)(a) Except as provided in division (A)(16)(b) of this
section, "physical or mental impairment" includes any of the
following:
(i) Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the
following body systems: neurological; musculoskeletal; special
sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary; hemic
and
lymphatic; skin; and endocrine;
(ii) Any mental or psychological disorder, including, but
not
limited to, mental retardation, organic brain syndrome,
emotional
or mental illness, and specific learning disabilities;
(iii) Diseases and conditions, including, but not limited
to,
orthopedic, visual, speech, and hearing impairments, cerebral
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, human immunodeficiency virus
infection, mental retardation, emotional illness, drug addiction,
and alcoholism.
(b) "Physical or mental impairment" does not include any
of
the following:
(i) Homosexuality and bisexuality;
(ii) Transvestism, transsexualism, pedophilia,
exhibitionism,
voyeurism, gender identity disorders not resulting
from physical
impairments, or other sexual behavior disorders;
(iii) Compulsive gambling, kleptomania, or pyromania;
(iv) Psychoactive substance use disorders resulting from
the
current illegal use of a controlled substance
or the current
use
of alcoholic beverages.
(17) "Dwelling unit" means a single unit of residence for
a
family of one or more persons.
(18) "Common use areas" means rooms, spaces, or elements
inside or outside a building that are made available for the use
of residents of the building or their guests, and includes, but
is
not limited to, hallways, lounges, lobbies, laundry rooms,
refuse
rooms, mail rooms, recreational areas, and passageways
among and
between buildings.
(19) "Public use areas" means interior or exterior rooms
or
spaces of a privately or publicly owned building that are made
available to the general public.
(20) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code.
(21) "Disabled tenant" means a tenant or prospective
tenant
who is a person with a disability.
(22) "Military status" means a person's status in "service in
the uniformed services" as defined in section 5903.01 5923.05 of
the
Revised Code.
(B) For the purposes of divisions (A) to (F) of section
4112.02 of the Revised Code, the terms "because of sex" and "on
the basis of sex" include, but are not limited to, because of or
on the basis of pregnancy, any illness arising out of and
occurring during the course of a pregnancy, childbirth, or
related
medical conditions. Women affected by pregnancy,
childbirth, or
related medical conditions shall be treated the
same for all
employment-related purposes, including receipt of
benefits under
fringe benefit programs, as other persons not so
affected but
similar in their ability or inability to work, and
nothing in
division (B) of section 4111.17 of the Revised Code
shall be
interpreted to permit otherwise. This division shall
not be
construed to require an employer to pay for health
insurance
benefits for abortion, except where the life of the
mother would
be endangered if the fetus were carried to term or
except where
medical complications have arisen from the abortion,
provided that
nothing in this division precludes an employer from
providing
abortion benefits or otherwise affects bargaining
agreements in
regard to abortion.
Sec. 5533.871. The road known as state route number six
hundred sixty, located within Guernsey county, shall be known as
the "Major James W. Reed Memorial Highway."
The director of transportation may erect suitable markers
along the highway indicating its name.
Sec. 5901.02. In each county there shall be a commission
known as "the
veterans service commission."
Except as provided in
section 5901.021 of the Revised Code, the commission shall be
composed of five
residents of the
county
appointed to five-year
terms by a judge
of the
court of common
pleas. At the time of
appointment or
reappointment
to the
commission, no commission
member
appointed
under this section shall be an employee of the
commission
or hold
an elective or other appointive office of the
county served by the
commission.
Each member of the commission
appointed under this section
shall be an honorably
discharged or honorably
separated veteran.
Within sixty days
after the date of appointment, each
such
member
shall
file the member's form DD214
with the
governor's office
department of
veterans
affairs services in accordance with
guidelines
established by the
director of that
office
department.
Such
appointments 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., the Vietnam
Veterans of
America, or the
Korean War Veterans Association. 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
responsible for making
appointments under this section may
appoint any
qualified
veteran
to represent the veteran community.
On or before the fifteenth day of October of each year, the
appointing
judge
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, 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.
Any
vacancy in a membership appointed under
this
section
shall
be
filled in the same manner as the original
appointments.
Beginning in the year 2000,
appointment of
members to the
commission
under this section
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 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., the Vietnam Veterans of
America, or the Korean War Veterans Association 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.
The appointing authority shall remove a member who fails to
maintain certification or whose certification is revoked by the
director of veterans services.
Sec. 5901.021. (A) This section applies only to counties
having a
population, according to the most recent decennial
census, of more
than five hundred thousand.
(B)(1) In any
county
that is described in division (A)
of
this section and in which the
veterans service
commission
submits
a budget request under section
5901.11 of the
Revised Code
for the
ensuing fiscal year that
exceeds
twenty-five-thousandths of one
per cent of the
assessed value of
property in
the county or
the
amount
appropriated to the
commission from the
county general fund
in the
current fiscal year
by more than ten
per cent of that
appropriation, the
board
of
county commissioners,
by resolution,
may create not more
than six
memberships on the
veterans service
commission in
addition to the
memberships
provided for by section
5901.02 of the
Revised Code.
The board
shall prescribe the number
of years
the additional
memberships
shall exist,
which shall not
exceed five
years. Once
a board of
county
commissioners creates
any additional
memberships, it may
not create
further
additional
memberships
under this
section if the total number of
such
memberships
would exceed six.
The
board shall
appoint
persons who
are residents of the county
and who are honorably
discharged or
honorably separated veterans to each of the
additional
memberships, for terms prescribed by the board and
commencing on a
date fixed by the board.
Each person appointed to
an additional
membership shall file, within sixty days after the
date of the
appointment, the person's form DD214 with the
governor's office
department of veterans affairs services in accordance with
guidelines
established by the director of that office
department.
(2) If the board of county
commissioners appoints
additional
members
as described in division (B)(1) of this
section, the board
may
permit the commission to submit an original
or revised budget
request for the ensuing fiscal year later than
the last Monday in
May, as otherwise required under section
5901.11 of the Revised
Code.
(C) The board of county commissioners may remove, for cause,
any
member
appointed under this
section. The board shall determine
whether
the additional members may be reappointed
upon the
expiration of their
terms, and shall fill any vacancy in
an
additional membership for the
unexpired term in
the manner
provided
for the
original
appointment.
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 department of veterans affairs services in
accordance
with guidelines
established by the director of that
office
department. Each service
officer
shall be employed in the
classified service and is exempt from civil service examination.
The commission may remove a veterans service officer who fails
to
maintain accreditation or whose certification is revoked by the
director of veterans services. The
service officers 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 the officer's
compensation. No county
commissioner or member of the veterans service commission shall
be
employed as a service officer.
The commission shall employ the
necessary clerks,
stenographers, and other personnel to assist
the service 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 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 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. 5901.09. (A) Each applicant for financial assistance
under
sections 5901.01
to 5901.15 of the Revised Code shall
provide the veterans service commission
with a statement
concerning the applicant's household income and
the amount of real
and
personal taxable property, stocks, bonds, moneys on hand
loaned or deposited
in any bank or elsewhere, shares in building
associations, mortgages, notes,
or other articles of value from
which the applicant derives an
income or revenue.
The statement
shall be made upon blanks furnished by the
commission and shall be
subscribed by the applicant.
Statements provided under this division shall not
include
medical records and,
pursuant to division (B) of this section, are
not public
records under section 149.43 of the Revised Code.
Veterans service
commissions may compile statistical data from the
statements in a
manner to
be prescribed by the governor's office
department of veterans affairs services. These data shall
be
considered a
matter of public record.
(B) The following are not public records under section 149.43
of the Revised Code:
(1) A statement described in division (A) of this section;
(2) Any application for financial assistance under sections
5901.01 to
5901.15 of the Revised Code;
(3) Any documents that accompany and pertain to a statement
described in
division (A) of this section or an application
described in division
(B)(2) of this section;
(4) Any other documents that are used by or are in the
possession of a
veterans service
commission that may affect the
determination of the eligibility of an
applicant for financial
assistance
under sections 5901.01 to 5901.15 of the Revised Code
or
that may affect the determination of an increase, decrease, or
discontinuance
of an allowance under section 5901.14
of the
Revised Code, if those documents are required to
be kept
confidential under any statute of this state or the United
States;
(5) Any applications to obtain benefits under any law of the
United States or of this state, and any documents
accompanying
those applications, in the possession of a veterans service
commission and filed by persons in the armed forces of the United
States, veterans, or the spouses, surviving spouses, children,
parents, or dependents of veterans.
(C) Interviews of applicants for financial assistance under
sections 5901.01 to 5901.15 of the Revised Code, discussions of
the
applications, statements,
and other documents described in
division (B) of this section,
and reviews of matters relating to
applicants' requests for financial
assistance under sections
5901.01 to 5901.15
of the Revised Code shall be kept confidential.
In accordance with division
(J) of section 121.22 of the Revised
Code, a veterans
service commission shall conduct a meeting of the
commission
or a portion of a meeting of the commission to
interview an applicant for
financial
assistance under sections
5901.01 to 5901.15 of the Revised Code, to discuss
an application,
statement, or other document described in division (B) of this
section, or to review matters relating to an applicant's request
for financial
assistance under sections 5901.01
to 5901.15 of the
Revised Code in an executive session.
(D) Except as otherwise provided in division (E) of
this
section or division
(B) of section 5902.04 of the Revised Code, a
veterans
service commission shall ensure that the
applications,
statements,
and other documents described in division (B) of this
section are not
used
for any purpose other than to determine the
eligibility of the applicant for
financial assistance under
sections 5901.01 to 5901.15 of the Revised Code or
to determine
whether to increase, decrease, or discontinue an allowance under
section
5901.14 of the Revised Code.
(E)(1) An applicant for, or a recipient or former recipient
of,
financial
assistance under sections 5901.01
to 5901.15 of the
Revised Code may consent to the release
by a veterans service
commission of any information in an application,
statement,
or
other document described in
division (B) of this section that
pertains to the applicant,
recipient, or former recipient by
completing and
signing a release of information form. The form
shall be prescribed by the
governor's office department of
veterans affairs services. An applicant for, or a recipient or
former
recipient of, financial assistance shall sign a separate
release
of
information form each time the applicant, recipient,
or former
recipient
consents to the release of any specific
information in
the application, statement,
or other document
involved. A copy
of
each signed release of information form shall
be kept in the file
of the
applicant, recipient, or former
recipient kept by the
commission. The release
of information
form shall specify the
following items:
(a) The individual, agency, or organization requesting the
information;
(b) The specific information requested;
(c) The intended use of the information requested;
(d) The date of the request for the information;
(e) The signature of the person who consents to the release
of
the information.
(2) A law enforcement officer may obtain an application,
statement, or
document as described in division (B) of this
section pursuant to an
investigation by a law enforcement
authority, upon the issuance of a court
order established upon
reasonable grounds that the information contained in
the
applicaton application, statement, or document is relevant to a
suspected
violation of
law.
(3)(a) A party to a matter pending before a court may obtain
an
application, statement, or document as described in division
(B) of
this section, if upon application to a court of competent
jurisdiction, the
party proves all of the following:
(i) The information contained in the application, statement,
or
document is relevant and material to the matter before the
court.
(ii) Disclosure of the application, statement, or document
serves
the interests of justice, because the need of the party
requesting the
information within the application, statement, or
document outweighs the
privacy interest of the applicant,
recipient, or former recipient of financial
assistance under
sections 5901.01 to 5901.15 of the Revised Code.
(iii) No other reasonable mean exists to obtain the
information
contained in the application, statement, or document.
(b) If the party to a matter pending before a court proves
all of
the elements in division (E)(3)(a) of this section,
the
court may order the disclosure of an application, statement, or
document
described in division (B) of this section. For purposes
of this
division the court shall do all of the following:
(i) Indicate the specific application, statement, or document
to
be disclosed;
(ii) Indicate the purpose for the disclosure of the
application,
statement, or docment document;
(iii) Indicate the person to whom the application, statement,
or
document will be disclosed.
Sec. 5902.01. There is hereby established within the office
of the governor
the governor's office of veterans affairs. The
governor shall appoint, with
the advice and consent of the senate,
a chief executive assistant, who The person appointed to the
position of director of veterans services shall
be an honorably
discharged
or honorably separated veteran of the United States
armed forces,
to be known as director of the governor's office of
veterans
affairs. The governor's office department of veterans
affairs services
shall employ such other
administrative and
technical
personnel as
are necessary to perform the general
and
specific
duties of the
office department. The administrative
assistants
and
technical
personnel shall be honorably discharged
or
honorably separated
veterans of the United States
armed
forces,
and shall be employed
in the classified service and
not
be
considered employees of the
governor's office for purposes of
division
(A)(16) of section
124.11 or division (B)(2) of section
124.14 of the Revised Code.
Each individual employed in the
clerical staff shall be an
honorably discharged or honorably
separated veteran or, if a
qualified
veteran is not available,
the spouse, surviving spouse,
child, or parent of an
honorably
discharged or honorably separated
veteran, and shall be
employed
in the classified service and not
be considered an employee of
the
governor's office for purposes of
division (A)(16) of section
124.11
of the Revised Code.
For positions within the department,
the director shall adopt rules under Chapter 119. of the Revised
Code establishing a program, which the director shall implement,
giving hiring
preferences to veterans.
Sec. 5902.02. The duties of the director of the governor's
office of veterans affairs 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 and,
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 governor's office department of veterans affairs
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
governor's office
department
of
veterans
affairs 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
governor's office department of veterans affairs 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
the
governor's office of veterans
affairs 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) Taking any other actions required by this chapter.
Sec. 5902.03. The director of the governor's office of
veterans affairs services may
microfilm or otherwise duplicate all
or
any
part of copies of original certificates of discharge and
separation submitted by Ohio veterans in conjunction with their
applications
for Ohio war bonuses.
The director may prepare and maintain files of such
microfilmed certificates of discharge and separation in such
manner that they may readily be available for the use of the
governor's office department of veterans affairs services,
authorized
veterans service officers of the several
congressionally chartered
veterans organizations, and county
veterans service officers of
the several counties of the state
in support of applications for
compensation, pension, medical,
or
domiciliary care, or other
state and federal benefits
provided
for eligible veterans or their
dependents or survivors.
The director may make copies of such microfilmed
certificates
of discharge and separation for storage under secure
conditions to
assure their preservation, and for supply to
qualified veterans or
their dependents or survivors or to
interested and authorized
veterans organizations
to aid such organizations in their programs
of veterans aid and
assistance.
Sec. 5902.04. (A) Upon application, the director of the
governor's
office of
veterans affairs services shall furnish
necessary
instructions and advice to the
veterans of the state,
their heirs,
or their legal representatives, respecting
their
claims against
the United States or the state for
pensions,
bounty, bonus, back
pay, or otherwise, by reason of military
service, and
perform
other duties that the governor requires.
(B) The director or the director's representative may examine
the
files of any veterans service
commission that pertain to
either of the following classes of persons to
determine the
custody, use, or confidentiality of any documents in those
files:
(1) Applicants for, or recipients or former recipients of,
financial
assistance under sections 5901.01 to 5901.15 of the
Revised Code;
(2) Applicants for federal, state, or county benefits under
those
sections.
(C)(1) No information or documents obtained by examinations
conducted under division (B) of this section shall be considered
part
of the public records of the governor's office department of
veterans affairs services. The
director may disclose
information
or
documents that the director obtains pursuant to an
examination
conducted under division (B) of this section and that
personally
identify an applicant, recipient, or former recipient
described in
that
division, if either of the following applies:
(a) The director considers the disclosure necessary to
enforce
compliance with Chapter 5901. of the Revised Code.
(b) For the purposes and under the circumstances authorized
under
division (E) of section 5901.09 of the Revised Code.
(2) In all other cases, the director
shall maintain the
confidentiality of information or documents that the
director
obtains
pursuant to an examination under division (B) of this
section and
that personally identify an applicant, recipient, or
former recipient
described in that division.
Sec. 5902.06. The director of the governor's office of
veterans affairs services shall
keep a register showing the
situation and
disposition of any claim filed by
that office the
department of
veterans services.
Sec. 5902.07. The director of the governor's office of
veterans affairs services may
administer oaths. He shall have a
seal of
office
and his The director's official certificate
shall
be
received in evidence without further authentication.
Sec. 5902.08. The director of the governor's office of
veterans affairs services, or
any employee thereof, shall not
receive
directly or indirectly a fee or reward
of any kind from
a claimant
or other person for services rendered or to be
rendered, relating
to a duty required of him the director or
employee under sections
5902.01 to 5902.07
of the Revised Code,
or in any manner connected
therewith.
Sec. 5902.09. The person in charge of a state agency or
instrumentality, an agency or instrumentality of a political
subdivision, or a private entity, such as a nursing home, that
provides law enforcement, health, or welfare services to
individuals, other than the Ohio veterans' home and veterans
service organizations, shall ask an
individual with whom the
agency, instrumentality, or entity
interacts if the individual
is a veteran or is or was the
dependent of a veteran. If the
individual claims to be such an
individual, the person in charge
shall report the individual's
name, address, telephone number,
and e-mail address; the agency's,
instrumentality's, or entity's
name, address, telephone number,
and e-mail address; the nature
of the agency's, instrumentality's,
or entity's interaction with
the individual; and the date on which
the interaction occurred
to the director of veterans services. The
director shall inform
the veterans service commission having
jurisdiction about the
veteran or dependent and the interaction.
The commission shall
inquire about, and offer benefits and
services appropriate to,
the veteran or dependent.
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
services 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 Ohio;
(12) The Disabled American Veterans, department
of ohio Ohio;
(13) The American Ex-Prisoners of War,
department of
Ohio;
(14) The Vietnam Veterans of America,
department of ohio
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)(19) The state department of human job and
family
services;
(21)(20) The Ohio office of the United States
department of
labor;
(22)(21) The employer support of the national guard and
reserve;
(23)(22) The Ohio military family support group;
(24)(23) The national league of families of prisoners and
missing in
action;
(25)(24) The governor's office department of veterans
affairs services.
(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 department of veterans affairs
services
shall provide the
task force with necessary personnel,
supplies,
and services.
Sec. 5903.02. (A) The determination of reinstatement and
reemployment rights
of permanent public employees and permanent
private employees in the uniformed
services shall be made in
accordance with As used in this section, "uniformed services" and
"service in the uniformed services" have the same meanings as in
the "Uniformed Services Employment
and Reemployment Rights Act of
1994," 108 Stat. 3149, 38 U.S.C.A. 4301, et.
seq 4303.
(B) Any person whose absence from a position of employment is
necessitated by reason of service in the uniformed services or in
the Ohio organized militia has the same reinstatement and
reemployment rights in this state that a person has under the
"Uniformed Services Employment and Reemployment Rights Act of
1994." A person who is denied a reinstatement or reemployment
right pursuant to this section has a cause of action for the same
remedies as a person has under the "Uniformed Services Employment
and Reemployment Rights Act of 1994." The court of common pleas,
notwithstanding any sum limitation established by decision of a
board of county commissioners pursuant to section 2305.01 of the
Revised Code, shall have exclusive original jurisdiction for such
actions, unless the defendant is the state, in which case the
court of claims shall have exclusive original jurisdiction
pursuant to division (C) of this section.
(C) A person who seeks reinstatement or reemployment rights
with the state, pursuant to this section, may bring an action in
the court of claims pursuant to this section or section 4323 of
the "Uniformed Services Employment and Reemployment Rights Act of
1994."
(D) In any action or proceeding to enforce a provision of
this section, the court shall require the defendant to pay the
court costs if the plaintiff is the prevailing party in the action
or proceeding. If the plaintiff is not the prevailing party, the
court may use its discretion in allocating court costs among the
parties to the action.
(E) In any action or proceeding to enforce a provision of
this section the court may award to a plaintiff who prevails in
such action or proceeding reasonable attorney's fees, expert
witness fees, and other litigation expenses. If the plaintiff does
not receive a favorable judgment from the court in that action,
the court shall not require the plaintiff to reimburse the state
or the defendant
for attorney's fees.
(F) The director of administrative services shall adopt rules
in accordance with Chapter 119. of the Revised Code for the
implementation of this chapter with respect to persons in public
service.
Sec. 5903.99. Whoever violates sections 5903.01 and section
5903.02 of the Revised
Code may be fined not more than one
thousand dollars or imprisoned not more
than six months, or both.
Sec. 5904.01. (A) There is hereby created the Ohio veterans
hall of fame. The governor's office department of veterans affairs
services
shall serve as the veterans hall of fame's
administrative agent.
The veterans hall of fame shall recognize
the post-military
achievements of outstanding veterans and
spotlight all veterans'
contributions to the civilian workplace.
(B) The Ohio veterans hall of fame shall have an executive
committee composed of thirteen members, all of whom shall be
veterans. The director of the governor's office of veterans
affairs services shall be an ex officio member. The governor's
office
department of veterans affairs' services' veterans
advisory committee, the
advisory committee on women veterans,
the Ohio veterans hall of
fame foundation, the Veterans of
Foreign Wars, the Disabled
American Veterans, the AMVETS, the
Vietnam Veterans of America,
and the American Legion shall each
appoint one member.
The Ohio veterans hall of fame executive committee shall
appoint its final four members, one of whom shall be from any
veterans organization that is incorporated in this state and that
is not otherwise represented on the executive committee, one of
whom was inducted into the veterans hall of fame three years
before the current fiscal year, one of whom was inducted into the
veterans hall of fame two years before the current fiscal year,
and one of whom was inducted into the veterans hall of fame one
year before the current fiscal year.
(C) Terms of office of the members of the Ohio veterans hall
of fame executive committee shall be for three years. Each member
shall serve subsequent to the expiration of the member's term
until the member's successor is appointed, or until sixty days has
elapsed, whichever occurs first. No member shall serve more than
two consecutive terms.
(D) All vacancies in the membership of the Ohio veterans hall
of fame executive committee shall be filled in the same manner as
prescribed for original appointments, and the terms of the
appointees shall be limited to the unexpired terms.
(E) The members of the Ohio veterans hall of fame executive
committee shall serve without compensation, but shall be
reimbursed for their actual and necessary expenses incurred in the
performance of their official duties.
(F) The Ohio veterans hall of fame executive committee shall
elect a chairperson and vice-chairperson from its membership. It
shall meet annually to select inductees for the veterans hall of
fame from the persons nominated in a manner prescribed by the
executive committee. The names of selected inductees shall be
submitted to the governor for final approval. The governor shall
provide any final approval within thirty days after the executive
committee submits the names of the selected inductees. The
governor may reject any of the selected inductees for cause, but
shall not make any additions to the list of those inductees.
(G) Except as otherwise provided in this division, all state
elected officials, members of the general assembly, members of the
Ohio veterans hall of fame foundation, members of the veterans
hall of fame executive committee, members of the governor's staff,
members of the veterans hall of fame staff, and members of any
county veterans service commission, and the director of the
governor's office of veterans affairs services, shall not be
eligible for
induction into the veterans hall of fame until two
years after
they have left their position. The executive
committee may waive
the two-years requirement for nominees over
the age of seventy.
(H) The Ohio veterans hall of fame executive committee is not
subject to sections 101.82 to 101.87 of the Revised Code.
Sec. 5907.01. (A) As used in this chapter:
(1) "Nursing home" means a nursing home within a veterans'
home.
(2) "Veterans' home" means a veterans' home operated by the
Ohio veterans' home agency.
(B) There
is hereby established the Ohio veterans' home
agency
that as part of the department of veterans services. The
agency shall
maintain and operate veterans' and
nursing
homes for
honorably discharged
veterans.
Sec. 5907.02. The board of trustees of the Ohio veterans'
home
agency,
which is hereby created, shall consist
of seven
members who director of veterans services shall
govern the Ohio
veterans' home agency and
have charge and
custody of
the
agency's
facilities. The members
shall be
the director of
administrative
services or that
director's
designee,
the director
of aging or
that director's
designee, and
five members
who shall
be
appointed
by the governor
with the
advice and consent of the
senate. All the
members of the
board
appointed by the governor
shall be veterans
of wars in which
the
United States has
participated, and not more
than three of the
members shall be of
the same political party.
The trustees shall
serve without
compensation, but they shall be
allowed their actual
expenses
incurred in the discharge of their
duties. Each year,
the governor
shall appoint one trustee. The
term of office for
each member
of
the board shall be for five
years, commencing on
the first day of
July and ending on the
thirtieth day of June.
Each member shall
hold office from the
date of that member's
appointment until the
end of the term for
which the member was
appointed. Any member
appointed to fill a
vacancy
occurring
prior
to the expiration of
the term for which
that member's predecessor
was
appointed shall
hold office for the
remainder of that term.
Any
member shall
continue in office
subsequent to the expiration
date
of that
member's term until
the
member's successor takes
office, or until
a period
of sixty
days
has elapsed, whichever
occurs first. The
board
director
shall
govern, conduct, and care for
veterans' homes, the
property
of
the
homes, and the
veterans residing in the
home.
Four members of the board constitute a quorum, but any
three
may approve the payment of current expenses, salaries,
and
open
contracts previously entered into by the board.
All supplies for the
agency shall be purchased as
provided in
sections 125.04 to 125.15 of the Revised Code.
The board director shall appoint a superintendent
of the
Ohio
veterans' home
agency upon
any terms that are proper, and
the
superintendent, with
the advice and consent of the board director,
shall
employ aides, assistants,
and employees, and perform other
duties
that may be
assigned to the superintendent by the board
director or
become
necessary in the
carrying out of
the
superintendent's
duties. The
superintendent shall be
responsible
directly to the
board director.
Subject to section 5907.021 of the Revised Code, the
superintendent
may
appoint one or more employees
at each
veterans'
home as
veterans' home police officers authorized
to act on the
grounds of
that home. The
superintendent shall provide to those
employees a copy of the
rules that apply to their appointment.
The
rules shall specify
whether or not the police officers may
carry a
firearm.
Subject to section 5907.021 of the Revised Code, the
superintendent shall
appoint a chief of police
of the
Ohio
veterans'
home
agency, determine the number of officers
and other
personnel
required by
each veterans' home, and
establish
salary
schedules and other
conditions of employment for
veterans'
homes
police officers. The
chief of police
shall
serve at the pleasure
of the superintendent
and shall
appoint
officers and other
personnel as the
veterans' homes
may
require, subject to the rules
and limits that the
superintendent
establishes regarding
qualifications, salary
ranges, and the
number of personnel. The
superintendent, with the
approval of
the
board director, may
purchase or
otherwise acquire any
police
apparatus,
equipment, or
materials,
including a police
communication system
and vehicles,
that
the
veterans'
homes
police officers
may require. The
superintendent
may send
one or more
of the
officers or employees
nominated by the
police
chief to a
school of
instruction designed
to provide
additional
training or
skills
related to their work
assignment at
their
veterans' home. The
superintendent may send
those officers
or
employees to the Ohio
peace officer training
academy that the
superintendent considers
appropriate.
The board director shall make an annual report to the
governor as to
all expenditures and as to the management of the
Ohio veterans'
home
agency.
Sec. 5907.022. The board of trustees of the
Ohio veterans'
home
agency director of veterans services may do either of the
following
to expand
nursing home
care and domiciliary services to
veterans
at sites
other than the
Ohio veterans'
homes
and nursing
homes:
(A) Enter into contracts
or agreements, including agreements
for the acceptance of
grants, to construct, lease, purchase, or
otherwise acquire real
property or facilities to establish a
network of
facilities;
(B) Enter into contracts with private providers.
Sec. 5907.023. Neither the The Ohio veterans' home agency
established by section 5907.01 of the Revised Code nor the board
of trustees of the Ohio veterans' home agency created by
section
5907.02 of the Revised Code is not subject to sections 101.82
to
101.87 of the Revised Code.
Sec. 5907.03. The management and control of
veterans'
homes
shall be
subject to such inspection and
supervision as the
congress of the United
States
may require as a
condition of making
appropriations for
their maintenance. A
person appointed or
designated by congress may make such
inspection and
exercise such
supervision, and, if so required by
congress,
the
person may have
and
exercise the privileges of a
member of the board of trustees
of the Ohio veterans' home agency the director of veterans
services.
Sec. 5907.04. All Subject to the following paragraph, all
members of the armed forces, who served
in
the regular or
volunteer forces of the United States or the
Ohio
national guard
or members of the naval militia during the
war with
Spain, the
Philippine insurrection, the China relief
expedition,
the Indian
war, the Mexican expedition, World War I,
World War II,
or during
the period beginning June 25, 1950 and
ending July 19,
1953,
known
as the Korean
conflict, or during
the period beginning
August 5,
1964, and
ending July 1, 1973,
known as the Vietnam
conflict, or
any person who is
awarded either the armed forces
expeditionary
medal established by
presidential executive order
10977 dated
December 4, 1961, or the
Vietnam service medal
established by
presidential executive order
11231 dated July 8,
1965, who have
been honorably discharged or
separated under
honorable conditions
therefrom, or any discharged
members of the
Polish and
Czechoslovakian armed forces who served
in armed
conflict with an
enemy of the United States in World War
I or
World War II who have
been citizens of the United States for
at
least ten years,
provided that the above-mentioned persons have
been citizens of
this state for five consecutive years or
more at
the
date of
making application for admission, are disabled
by
disease, wounds,
or otherwise, and are by reason of such
disability incapable of
earning their living, and all members of
the Ohio national guard
or naval militia who have lost an arm or
leg, or their sight, or
become permanently disabled from any
cause, while in the line and
discharge of duty, and are not able
to support themselves, may be
admitted to
a veterans'
home
under
such rules as
the board of
trustees
of the Ohio
veterans' home
agency director of veterans
services adopts.
A person who served in the armed forces of the United States
as defined in division (E)(7) of section 5903.11 of the Revised
Code is eligible for admission to a veterans' home under the
preceding paragraph only if the person has the characteristics
defined in division (B)(1) of section 5901.01 of the Revised Code.
The superintendent of the
Ohio veterans' home
agency
shall
promptly and
diligently pursue the establishment of the
eligibility for
medical assistance under Chapter 5111. of the
Revised Code of all
persons admitted to
a veterans' home and
all
residents of
a home who
appear to qualify and shall
promptly and
diligently pursue and
maintain the certification of
each home's
compliance with federal
laws and regulations
governing
participation in the medical
assistance program to
include as
large as possible a part of the
home's bed capacity.
Veterans' homes may reserve a bed
during the
temporary
absence of a resident or patient from the
home,
including
a
nursing home
within it,
under conditions
prescribed by the board
of trustees director,
to include hospitalization for an acute
condition,
visits with
relatives and friends, and participation in
therapeutic programs
outside the
home.
A home shall
not reserve a
bed for more
than thirty days, except that absences
for more than
thirty days
due to hospitalization may be
authorized.
Sec. 5907.11. (A) The superintendent of the Ohio veterans'
home
agency, with the
approval of the board of trustees of
the
agency director of veterans services, may establish a
local fund
for each veterans'
home to
be used for the entertainment and
welfare of the residents
of
the
home.
Each fund shall be
designated as the residents'
benefit
fund
and shall be operated
for the exclusive benefit of
the
residents of the
associated
home.
Each fund shall receive
all
revenue from the sale of commissary
items
at the associated
home
and shall receive all moneys received
as donations
by the
associated home from any source.
(B) The residents' benefit
funds also may be used to
receive
and disburse any
donations made for events sponsored by
the Ohio
veterans hall of fame.
(C) The superintendent, subject to the approval of the board
of trustees director,
shall establish rules for the operation of
the
residents' benefit
funds.
Sec. 5907.12. The board of trustees of the Ohio veterans'
home
agency director of veterans services may utilize
the services
of
volunteers to
assist in
attending to and caring for residents,
assisting in
resident
activities, caring for
veterans' homes'
buildings and
grounds, and
participating in any other services
that accomplish
any of the board's
director's purposes related to
veterans' homes. All volunteer
programs are subject
to the board's
director's approval. The
board director may
recruit, train, and
supervise the services of community volunteers
or volunteer groups
for volunteer programs. The board director may
designate
volunteers as
state employees for the purpose of motor
vehicle
accident
liability insurance under section 9.83 of the
Revised
Code and for
the purpose
of indemnification from liability
incurred in the
performance of their duties
under section 9.87 of
the Revised
Code.
Sec. 5907.13. Residents of
veterans'
homes may
be
assessed a
fee to pay a portion of the expenses of their
support,
dependent
upon their ability to pay. Subject to
controlling
board approval,
the board of trustees of the
Ohio
veterans' home
agency
director
of veterans services shall adopt rules for determining a
resident's
ability to pay.
Each resident shall furnish the board
of trustees
director statements
of income, assets, debts, and
expenses that
the board director requires.
All fees contributed by the residents under this section
shall be
deposited into an interest-bearing account in a public
depository
in accordance with section 135.18 of the Revised Code.
All of
these fees shall be paid to the treasurer of state within
thirty days
after the end of the month of receipt, together with
all interest
credited to the account to date. The treasurer of
state shall
credit eighty per cent of these fees and of this
interest
to the Ohio veterans'
homes operating fund and
twenty per
cent of these fees and of this interest to the Ohio
veterans'
homes
fund.
The fee for each resident shall be based
upon the level of
care provided to the resident by the
resident's home. The board
of
trustees
director shall determine authorized levels of care for
residents.
The assessment for each resident shall not exceed the
difference
between the total per diem amount collected by the
state for
maintenance from all sources on the resident's behalf
and the
average annual per diem cost for the resident's
maintenance,
computed in accordance with veterans administration
regulations.
Sec. 5907.141. (A) All money received from the United
States
department of veterans affairs in per diem grants for
care
that
veterans'
homes provide shall be
deposited
in the state treasury
to the credit of the Ohio
veterans'
homes federal grant fund,
which is hereby created.
Money credited to
the fund shall be used
only for the operating
costs of
veterans'
homes.
(B) Any resident of
a veterans' home whom the
United States
department of veterans affairs determines to have
excess income or
assets, or is denied per diem for any reason by the United States
department of veterans affairs, therefore rendering the home
ineligible
to collect per
diem grant reimbursement for days of
care provided
to that
resident,
may be required to pay, in
addition to the
fees assessed
under section 5907.13 of the Revised
Code, an amount
equal to the
rate of per diem grant that the
department denied for
that particular
resident. Any amount that
the resident pays under
this
division shall be collected and
distributed in the same
manner as
the fees assessed under section
5907.13 of the Revised
Code.
Sec. 5910.02. There is hereby created an Ohio war orphans
scholarship board consisting as part of the department of veterans
services. The board consists of seven eight members as follows:
the
chancellor of the Ohio board of regents or the chancellor's
designee; the director of veterans services or the director's
designee; one
member of the house of
representatives, appointed by
the speaker; one
member of the senate, appointed by the president
of the senate;
and four members appointed by the governor, one of
whom shall be
a representative of the American Legion, one of whom
shall be a representative of
the Veterans of Foreign Wars, one of
whom shall be a
representative of
the Disabled American Veterans,
and one of whom shall be a
representative of the AMVETS. At least
ninety days prior to the
expiration of
the term
of office of the
representative of a veterans organization
appointed by the
governor, the governor shall notify the state
headquarters of the
affected organization of the need for an
appointment and request
the organization to make at least three
nominations. Within sixty
days after making the request for
nominations, the governor may
make the appointment from the
nominations received, or may reject
all the nominations and
request at least three new nominations,
from which the governor
shall make an appointment within thirty
days after making the
request for the new nominations. If the
governor receives no
nominations during this thirty-day period,
the governor may
appoint any veteran.
Terms of office for the four members appointed by the
governor shall be for four years, commencing on the first day of
January and ending on the thirty-first day of December, except
that the term of the
AMVETS representative shall expire December
31,
1998, and the new
term that succeeds it shall commence on
January 1, 1999, and end
on December 31, 2002. Each member shall
hold office from
the
date of the member's appointment until the
end of the term
for which the member was appointed. The other
members shall
serve during their terms
of office. Any vacancy
shall be filled by appointment in the
same manner as by original
appointment. Any member appointed to
fill a vacancy occurring
prior to the expiration of the term for
which the member's
predecessor was appointed shall hold
office for the
remainder of
such term. Any appointed member shall continue in
office
subsequent to the expiration date of the member's
term until the
member's successor takes office, or until a
period of sixty days
has
elapsed, whichever occurs first. The members of the board
shall
serve without pay but shall be reimbursed for travel
expenses and
for other actual and necessary expenses incurred in
the
performance of their duties, not to exceed ten dollars per day
for ten days in any one year to be appropriated out of any moneys
in the state treasury to the credit of the general revenue fund.
The chancellor of the board of regents shall act as secretary
to
the board and
shall furnish such clerical and
other assistance
as may be necessary to the performance of the
duties of the board.
The board shall determine the number of scholarships to be
made available, receive applications for scholarships, pass upon
the eligibility of applicants, decide which applicants are to
receive scholarships, and do all other things necessary for the
proper administration of this chapter.
Sec. 5923.05. (A)(1) Permanent public employees who are
members
of the
Ohio organized militia or members of other reserve
components of
the armed forces of the United States, including the
Ohio
national
guard, are entitled to a leave of absence from their
respective
positions without loss of pay for the time they are
performing
service in the uniformed services,
for periods of up
to
one month, for each
calendar year in which
they are performing
service in the
uniformed services.
(2) As used in this section:
(a) "Calendar year" means the
year beginning on the
first
day
of January and ending on the last
day of December.
(b) "Month" means twenty-two eight-hour work days
or
one
hundred seventy-six hours within one calendar year.
(c) "Permanent public employees" and "uniformed services"
have the same meanings as in section 5903.01 of the Revised Code
employee" means any person holding a position in public
employment
that requires working a regular schedule of twenty-six consecutive
biweekly pay periods, or any other regular schedule of comparable
consecutive
pay periods, which is not limited to a specific season
or duration.
"Permanent public employee" does not include student
help; intermittent,
seasonal, or external interim employees; or
individuals covered by personal
services contracts.
(d) "State agency" means any department, bureau, board,
commission, office, or other organized body established by the
constitution or laws of this state for the exercise of any
function of state government, the general assembly, all
legislative agencies, the supreme court, the court of claims, and
the state-supported institutions of higher education.
(e) "Service in the uniformed services" means the performance
of duty, on a
voluntary or involuntary basis, in a uniformed
service, under competent
authority, and includes active duty,
active duty for training, initial active
duty for training,
inactive duty for training, full-time national guard duty,
and
performance of duty or training by a member of the Ohio organized
militia
pursuant to Chapter 5923. of the Revised Code. "Service in
the uniformed
services" includes also the period of time for which
a person is absent from a
position of public or private employment
for the purpose of an examination to
determine the fitness of the
person to perform any duty described in this
division.
(f) "Uniformed services" means the armed forces, the Ohio
organized militia
when engaged in active duty for training,
inactive duty training, or full-time
national guard duty, the
commissioned corps of the public health service, and
any other
category of persons designated by the president of the United
States
in time of war or emergency.
(B) Except as otherwise provided in division
(D) of this
section, any permanent public employee
who is employed by a
political subdivision, who is entitled to the
leave provided
under
division (A) of this section, and who is
called or ordered
to
the
uniformed services for longer than a
month, for each
calendar
year
in which the employee performed
service in the
uniformed
services,
because of an executive order
issued by the
president of
the
United States, because of an act of congress,
or
because of an
order to perform duty issued by the governor
pursuant to section
5919.29 of the Revised Code
is entitled,
during the
period
designated
in the order or act, to
a leave of
absence and
to be
paid, during each
monthly pay period
of that
leave of
absence, the
lesser of the following:
(1) The difference between the permanent public employee's
gross monthly wage or
salary as
a permanent public
employee and
the sum of
the permanent public employee's gross
uniformed pay and
allowances received that month;
(2) Five hundred dollars.
(C)
Except as otherwise provided in division (D) of this
section, any permanent public employee who is employed by a state
agency, who is entitled to the leave provided under division
(A)
of this section, and who is called or ordered to the uniformed
services for longer than a month, for each calendar year in which
the employee performed service in the uniformed services, because
of an executive order issued by the president of the United
States, because of an act of congress, or because of an order to
perform duty issued by the governor pursuant to section 5919.29 or
5923.21 of
the Revised Code is entitled, during the period
designated in
the
order or act, to a leave of absence and to be
paid, during
each
monthly pay period of that leave of absence, the
difference
between the permanent public employee's gross monthly
wage or
salary as a permanent public employee and the sum of the
permanent
public employee's gross uniformed pay and allowances
received that
month.
(D) No permanent public employee shall receive payments
under
division (B)
or (C) of this section if the sum of the
permanent
public employee's gross
uniformed pay and allowances
received in a
pay period exceeds the employee's gross
wage or
salary as a
permanent public employee for that
period or if the
permanent
public employee is receiving pay
under division (A) of
this
section.
(E) Any political subdivision of the state, as defined in
section
2744.01 of
the Revised Code, may elect to
pay any of its
permanent public employees who are entitled to the
leave provided
under division (A) of this section and who are
called or ordered
to the uniformed services
for longer than one month, for each
calendar year in which
the employee performed service in the
uniformed services,
because of an executive order issued by the
president or an act
of congress, such payments, in addition to
those
payments required by division (B) of this section, as may be
authorized by the legislative authority of the political
subdivision.
(F) Each permanent public employee who is entitled to
leave
provided under division (A) of this section shall submit to
the
permanent public employee's appointing authority the
published
order authorizing the
call or order to the uniformed services or a
written statement from the appropriate
military commander
authorizing that service, prior to
being
credited
with
that
leave.
(G) Any permanent public employee of a political
subdivision
whose employment is governed by a collective
bargaining agreement
with provision for the
performance of service
in the uniformed
services shall
abide by the terms of that
collective bargaining
agreement with
respect to the performance of
that service,
except
that no collective bargaining
agreement
may afford fewer
rights
and benefits than are conferred under this
section.
SECTION 2. That existing sections 121.02, 121.03, 2311.07,
2311.08, 2743.03, 3313.616, 3319.13, 4112.01,
5901.02, 5901.021,
5901.07, 5901.09, 5902.01, 5902.02, 5902.03,
5902.04, 5902.06,
5902.07, 5902.08, 5902.15, 5903.02, 5903.99, 5904.01,
5907.01,
5907.02, 5907.022, 5907.023, 5907.03, 5907.04, 5907.11,
5907.12,
5907.13, 5907.141, 5910.02, and 5923.05 of the Revised Code are
hereby
repealed.
SECTION 3. That sections 124.29, 5902.05, and 5903.01 of the
Revised Code are hereby
repealed.
SECTION 4. Chapter 5902. of the Revised Code shall be known
as "Department of Veterans Services."
SECTION 5. On the effective date of this section, the
Governor's Office of Veterans Affairs is abolished and its
functions, and its assets and liabilities, are transferred to the
Department of Veterans Services. The Department of Veterans
Services
is successor to, assumes the obligations and authority
of, and
otherwise continues the Governor's Office of Veterans
Affairs. No
right, privilege, or remedy, and no duty, liability,
or
obligation, accrued under the Governor's Office of Veterans
Affairs is impaired or lost by reason of the transfer and shall be
recognized, administered, performed, or enforced by the Department
of Veterans Services.
Business commenced but not completed by the Governor's Office
of Veterans Affairs or by the Director of the Governor's Office of
Veterans Affairs shall be completed by the Department of Veterans
Services or the Director of Veterans Services in the same manner,
and with the same effect, as if completed by the Governor's Office
of Veterans Affairs or the Director of the Governor's Office of
Veterans Affairs.
All the rules, orders, and determinations of the Governor's
Office of Veterans Affairs continue in effect as rules, orders,
and determinations of the Department of Veterans Services, until
modified or rescinded by the Department of Veterans Services. If
necessary to ensure the integrity of the numbering of the
Administrative Code, the Director of the Legislative Service
Commission shall renumber the rules of the Governor's Office of
Veterans Affairs to reflect their transfer to the Department of
Veterans Services.
Subject to the layoff provisions of sections 124.321 to
124.382 of the Revised Code, all employees of the Governor's
Office of Veterans Affairs are transferred to the Department of
Veterans Services and retain their positions and all benefits
accruing thereto.
The Director of Budget and Management shall determine the
amount of unexpended balances in the appropriation accounts that
pertain to the Governor's Office of Veterans Affairs and shall
recommend to the Controlling Board their transfer to appropriation
accounts that pertain to the Department of Veterans Services. The
Director of the Governor's Office of Veterans Affairs shall
provide full and timely information to the Controlling Board to
facilitate the transfer.
Whenever the Governor's Office of Veterans Affairs or the
Director of the Governor's Office of Veterans Affairs is referred
to in a statute, contract, or other instrument, the reference is
deemed to refer to the Department of Veterans Services or to the
Director of Veterans Services, whichever is appropriate in
context.
No pending action or proceeding being prosecuted or defended
in court or before an agency by the Governor's Office of Veterans
Affairs or the Director of the Governor's Office of Veterans
Affairs is affected by the transfer and shall be prosecuted or
defended in the name of Department of Veterans Services or the
Director of Veterans Services, whichever is appropriate. Upon
application to the court or agency, the Department of Veterans
Services or the Director of Veterans Services shall be substituted
as a party.
SECTION 6. On the effective date of this section, the Ohio
Veterans' Home Agency is abolished and its functions, and its
assets and liabilities, are transferred to the Department of
Veterans Services. The Department of Veterans Services is
successor
to, assumes the obligations and authority of, and
otherwise
continues the Ohio Veterans' Home Agency. No right,
privilege, or
remedy, and no duty, liability, or obligation,
accrued under the
Ohio Veterans' Home Agency is impaired or lost
by reason of the
transfer and shall be recognized, administered,
performed, or
enforced by the Department of Veterans Services.
Business commenced but not completed by the Ohio Veterans'
Home Agency or its Board of Trustees shall be completed by the
Department of Veterans Services or the Director of Veterans
Services
in the same manner, and with the same effect, as if
completed by
the Ohio Veterans' Home Agency or its Board of
Trustees.
All the rules, orders, and determinations of the Ohio
Veterans' Home Agency or its Board of Trustees continue in effect
as rules, orders, and determinations of the Department of Veterans
Services, until modified or rescinded by the Department of
Veterans
Services. If necessary to ensure the integrity of the
numbering of
the Administrative Code, the Director of the
Legislative Service
Commission shall renumber the rules of the
Ohio Veterans' Home
Agency or its Board of Trustees to reflect
their transfer to the
Department of Veterans Services.
Subject to the layoff provisions of sections 124.321 to
124.382 of the Revised Code, all employees of the Ohio Veterans'
Home Agency are transferred to the Department of Veterans Services
and retain their positions and all benefits accruing thereto.
The Director of Budget and Management shall determine the
amount of unexpended balances in the appropriation accounts that
pertain to the Ohio Veterans' Home Agency and shall recommend to
the Controlling Board their transfer to appropriation accounts
that pertain to the Department of Veterans Services. The Board of
Trustees of the Ohio Veterans' Home Agency shall provide full and
timely information to the Controlling Board to facilitate the
transfer.
Whenever the Ohio Veterans' Home Agency or its Board of
Trustees is referred to in a statute, contract, or other
instrument, the reference is deemed to refer to the Department of
Veterans Services or to the Director of Veterans Services,
whichever
is appropriate in context.
No pending action or proceeding being prosecuted or defended
in court or before an agency by the Ohio Veterans' Home Agency or
its Board of Trustees is affected by the transfer and shall be
prosecuted or defended in the name of the Department of Veterans
Services or the Director of Veterans Services, whichever is
appropriate.
Upon application to the court or agency, the
Department of
Veterans Services or the Director of Veterans
Services shall be
substituted as a party.
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