130th Ohio General Assembly
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Am. H. B. No. 532  As Reported by the House Veterans Affairs Committee
As Reported by the House Veterans Affairs Committee

129th General Assembly
Regular Session
2011-2012
Am. H. B. No. 532


Representatives Kozlowski, Gonzales 

Cosponsors: Representatives Henne, Gardner, Derickson, Adams, J., Bubp, Pillich, Garland, Grossman, Sears, Szollosi, Hottinger, Buchy, Fende, Wachtmann, Lundy, Ruhl, Yuko, Reece, Dovilla, Boose, Conditt, Stebelton, Maag, Young, Goodwin, Johnson, Landis, Butler, Fedor, Hagan, C., Martin, Milkovich, Rosenberger 



A BILL
To amend section 5913.11 of the Revised Code to revise the Ohio Military Medal of Distinction law, and to make an appropriation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5913.11 of the Revised Code be amended to read as follows:
Sec. 5913.11. (A) There is hereby created the Ohio military medal of distinction. The adjutant general shall design the medal and coordinate an eligibility establishment program. An individual is eligible for the medal if the individual was killed in the line of duty on or after September 10, 2001, while doing one of the following:
(1) Engaging in an action against an enemy of the United States;
(2) Engaging in military operations involving conflict with an opposing foreign force;
(3) Serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; or
(4) Serving in a combat zone designated by presidential order.
(B) To receive the Ohio military medal of distinction, an individual shall be at least one of the following at the time the member was killed in the line of duty:
(1) An Ohio A national guard member who is a resident of this state;
(2) An Ohio national guard member;
(3) A United States military reserves member who is a resident of this state;
(3)(4) A United States armed forces member who is either a resident of this state or stationed in this state by a United States department of defense order.
(C) (1) At least once per year, both houses of the general assembly the adjutant general shall obtain provide a list of eligible medal recipients from to the adjutant general department of veterans services and meet in joint convention to and the governor. The adjutant general shall prepare a medal for each eligible medal recipient. The medal shall be presented to the recipient's primary next of kin, as designated by the recipient. If the recipient has not designated a primary next of kin or if the designated primary next of kin is deceased, the primary next of kin shall be determined under the rules of the United States department of defense.
(2) The governor and the general assembly annually shall hold a joint ceremony to recognize the medal recipients for the prior year and to present each medal to the recipient's primary next of kin, as determined under division (C)(1) of this section. Beginning in 2013, in any year in which the governor holds a wreath-laying ceremony to honor the deceased veterans of the state, the ceremony to recognize the medal recipients shall be held on the same day as the wreath-laying ceremony.
(D)(1) If a parent of the medal recipient is the primary next of kin, as determined under division (C)(1) of this section, and the medal recipient's parents are not married to each other or are legally separated from each other, the medal recipient's other living parent may request a duplicate medal at no cost.
If neither of the medal recipient's parents is the primary next of kin, as determined under division (C)(1) of this section, the living parents of the medal recipient jointly may request a duplicate medal at no cost, except that if the parents of the medal recipient are not married to each other or are legally separated from each other, each living parent may request a duplicate medal at no cost.
If the medal recipient's spouse is not the primary next of kin, the spouse may request a duplicate medal at no cost.
The adjutant general shall prescribe a form by which a parent or spouse may request a duplicate medal under division (D) (1) of this section.
(2) A surviving spouse, a natural or adopted child who is at least eighteen years of age, a parent, a brother or sister, whether of the whole or the half blood, who is at least eighteen years of age, an aunt or uncle who is at least eighteen years of age, or a grandparent of a medal recipient may apply to the adjutant general, on a form prescribed by the adjutant general, to receive a duplicate medal. The applicant shall include with the application a fee in an amount to be determined by the adjutant general. The adjutant general shall set the fee at an amount no greater than the cost of producing the duplicate medal.
(E) There is in the state treasury the military medal of distinction fund. The fund shall consist of all fees collected from applicants for duplicate medals as well as appropriations made by the general assembly for purposes of the Ohio military medal of distinction program. The fund shall be used to pay for the production of medals. Investment earnings of the fund shall be credited to the fund.
Section 2. That existing section 5913.11 of the Revised Code is hereby repealed.
Section 3. All items in this section are hereby appropriated as designated out of any moneys in the state treasury to the credit of the State Special Revenue Fund Group. For all appropriations made in this act, those in the first column are for fiscal year 2012 and those in the second column are for fiscal year 2013. The appropriations made in this act are in addition to any other appropriations made for the FY 2012-FY 2013 biennium.
Appropriations
ADJ ADJUTANT GENERAL
State Special Revenue Fund Group
5LY0 745626 Military Medal of Distinction $ 0 $ 2,500
TOTAL SSR State Special Revenue Fund Group $ 0 $ 2,500
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 2,500

MILITARY MEDAL OF DISTINCTION
On the effective date of this act, or as soon as possible thereafter, the Director of Budget and Management shall transfer $2,500 cash from the General Revenue Fund to the Military Medal of Distinction Fund (Fund 5LY0). The amount transferred shall be used by the Adjutant General for the purposes described in section 5913.11 of the Revised Code.
Section 4. Within the limits set forth in this act, the Director of Budget and Management shall establish accounts indicating the source and amount of funds for each appropriation made in this act, and shall determine the form and manner in which appropriation accounts shall be maintained. Expenditures from appropriations contained in this act shall be accounted for as though made in Am. Sub. H.B. 153 of the 129th General Assembly.
The appropriations made in this act are subject to all provisions of Am. Sub. H.B. 153 of the 129th General Assembly that are generally applicable to such appropriations.
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