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S. B. No. 289 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Harris, Stivers, Grendell, Schuler, Schuring, Seitz, Padgett, Fedor, Niehaus, Austria, Mumper
A BILL
To amend sections 121.02, 121.03, 3313.616, 5901.02,
5901.021, 5901.07, 5901.09, 5902.01, 5902.02,
5902.03, 5902.04, 5902.05, 5902.06, 5902.07,
5902.08, 5902.15, 5904.01, 5907.01, 5907.02, and
5910.02 and to enact sections 5902.021 and 5902.09
of the Revised Code to create a Department of
Veterans Affairs and a Director of Veterans
Affairs, to create duties for the department and
the director, to transfer the duties of the
Governor's Office of Veterans Affairs to the
department, and to place the Ohio Veterans' Home
Agency and the Ohio War Orphans Scholarship Board
under the department.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 121.02, 121.03, 3313.616, 5901.02,
5901.021, 5901.07, 5901.09, 5902.01, 5902.02, 5902.03, 5902.04,
5902.05, 5902.06, 5902.07, 5902.08, 5902.15, 5904.01, 5907.01,
5907.02, and 5910.02 be amended and sections
5902.021 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 affairs, which shall be
administered by the director of veterans affairs.
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 affairs.
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:
(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:
(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, 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. 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 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.
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 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 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
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. 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. 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, 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;
(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 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
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.
Sec. 5902.02. The duties of the director of the governor's
office of veterans affairs shall include the following:
(A) Furnishing the veterans service commissions of all
counties of the state copies of the state laws, rules, and
legislation relating to the operation of the commissions and
their
offices;
(B) Upon application, assisting the general public in
obtaining records of vital statistics pertaining to veterans or
their dependents;
(C) Adopting rules pursuant to Chapter 119. of the
Revised
Code pertaining to minimum qualifications for hiring,
certifying,
and accrediting county veterans service officers and
pertaining to
their required duties;
(D) Adopting rules pursuant to Chapter 119. of the
Revised
Code for the education, training, certification, and
duties of
veterans service commissioners;
(E) Developing and monitoring programs and agreements
enhancing employment and training for veterans in single or
multiple county areas;
(F) Developing and monitoring programs and agreements to
enable county veterans service commissions to address
homelessness, indigency, and other veteran-related issues
individually or jointly;
(G) Developing and monitoring programs and agreements to
enable state agencies, individually or jointly, that provide
services to veterans, including the
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 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
governor's women veterans advisory committee, and a representative
of
the
office of the attorney general. The governor's office
department of
veterans
affairs shall submit to the advisory
committee
proposed rules for
the committee's operation. The
committee may review and revise
these proposed rules prior
to
submitting them to the joint
committee on agency rule review.
(L) 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 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
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 affairs 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 affairs 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 affairs
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 affairs;
(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) Taking charge of, and temporarily directing, a veterans
service commission that the director has found is not properly
discharging its duties and responsibilities to veterans and their
dependents until the commission has taken corrective action and
resumed properly discharging its duties and responsibilities to
veterans and their dependents;
(V) Developing and maintaining a cordial 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 cordial relationships with the
several veterans organizations, encourage the organizations in
their efforts at assisting veterans and their dependents, and
advocate for adequate state subsidization of the organizations;
(X) Taking any other actions required by this chapter.
Sec. 5902.021. If the director of veterans affairs, upon
complaint or the director's own initiative, finds that a veterans
service commission is not properly discharging its duties and
responsibilities to veterans and their dependents, the director
may take charge of and temporarily direct the commission. In this
event, the commission shall prepare a plan for corrective action
and submit it to the director. If the plan is not acceptable, the
director shall advise the commission how the plan might be made
acceptable. When an acceptable corrective action plan has been
agreed to, the commission shall implement the corrective actions.
The director shall relinquish direction of the commission when the
commission is again properly discharging its duties and
responsibilities to veterans and their dependents.
Sec. 5902.03. The director of the governor's office of
veterans affairs 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, 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 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. 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. 5902.05. For the purpose of assisting veterans, the
director of the
governor's office of veterans affairs or
the
director's
representative shall visit
each veterans' home
operated
under Chapter 5907. of the Revised Code and
the national military
home
at Dayton at least once every three
months,
and
may visit
other veterans facilities as necessary. At
the discretion of the
governor, the director of the governor's
office of veterans
affairs or
the director's
representative
shall visit the several
governmental departments at Washington,
D.C., or elsewhere, as may
be necessary.
Sec. 5902.06. The director of the governor's office of
veterans affairs shall
keep a register showing the situation and
disposition of any claim filed by
that office the department of
veterans affairs.
Sec. 5902.07. The director of the governor's office of
veterans affairs 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, 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, 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 affairs. 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 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.
(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
shall provide the
task force with necessary personnel, supplies,
and services.
Sec. 5904.01. (A) There is hereby created the Ohio veterans
hall of fame. The governor's office department of veterans affairs
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 shall be an ex officio member. The governor's office
department of veterans affairs' 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, 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 affairs. 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 eight
members who shall
govern the 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, the director of veterans
affairs 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
shall govern, conduct, and care for
veterans' homes, the
property
of the
homes, and the
veterans residing in the
home.
Four Five members of the board constitute a quorum, but any
three four
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 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,
shall
employ aides, assistants,
and employees, and perform other
duties
that may be
assigned to the superintendent by the board or
become
necessary in the
carrying out of
the superintendent's
duties. The
superintendent shall be
responsible directly to the
board.
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, 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 shall make an annual report to the governor as to
all expenditures and as to the management of the
Ohio veterans'
home
agency.
Sec. 5910.02. There is hereby created an Ohio war orphans
scholarship board consisting as part of the department of veterans
affairs. 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 affairs 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.
Section 2. That existing sections 121.02, 121.03, 3313.616,
5901.02, 5901.021, 5901.07, 5901.09, 5902.01, 5902.02, 5902.03,
5902.04, 5902.05, 5902.06, 5902.07, 5902.08, 5902.15, 5904.01,
5907.01, 5907.02, and 5910.02 of the Revised Code are hereby
repealed.
Section 3. Chapter 5902. of the Revised Code shall be known
as "Veterans Affairs."
Section 4. 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 Affairs. The Department of Veterans Affairs
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 Affairs.
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
Affairs or the Director of Veterans Affairs 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 Affairs, until
modified or rescinded by the Department of Veterans Affairs. 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 Affairs.
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 Affairs 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 Affairs. 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 Affairs or to the
Director of Veterans Affairs, 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 Affairs or the
Director of Veterans Affairs, whichever is appropriate. Upon
application to the court or agency, the Department of Veterans
Affairs or the Director of Veterans Affairs shall be substituted
as a party.
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