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S. J. R. No. 1 As Introduced
As Introduced
| 128th General Assembly | | Regular Session | | 2009-2010 |
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Senators Grendell, Wilson
Cosponsors:
Senators Harris, Patton, Schuler, Schaffer, Hughes, Fedor, Miller, D.
A JOINT RESOLUTION
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Proposing to enact Section 2q of Article VIII of the
Constitution of the State of Ohio to provide
compensation to veterans of the Persian Gulf,
Afghanistan, and Iraq conflicts.
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| Be it resolved by the General Assembly of the State of Ohio,
three-fifths of the members elected to each house concurring
herein, that there shall be submitted to the electors of the
state, in the manner prescribed by law at the general election to
be held on November 3, 2009, a proposal to enact Section 2q of
Article VIII of the Constitution of Ohio to read as follows: |
| 2q. (A) Upon the order of the commissioners of the
sinking fund
created by Section 8 of Article VIII of the
Constitution of the
State of Ohio, the Ohio public facilities
commission shall proceed to issue and sell, from time
to
time,
bonds or
other obligations of the state in such amounts as
are
necessary
to provide all or part of the funds as may be
required
to pay the
compensation established by, and the expenses
of
administering,
this section. The original principal amount of
obligations so issued
shall not exceed two hundred million
dollars, provided that obligations issued under this section to
retire or refund obligations previously issued under this section
shall not be counted against that issuance limitation. The full
faith and
credit, revenue, and taxing power of the state is
hereby pledged
for payment of debt service on such obligations
issued under this section, and the state covenants to continue the
levy, collection, and application of sufficient state excises,
taxes, and revenues to the extent needed for those purposes;
provided that moneys referred to in Section 5a of Article XII of
the Constitution of the State of Ohio may not be pledged or used
for the payment of debt service. As used in
this section, "debt
service" means principal and interest and
other accreted amounts
payable on the obligations authorized
by this section. |
| Each obligation so issued shall mature not later than the
thirty-first day of December of the fifteenth calendar year after
its issuance, except that obligations issued to refund obligations
under this section shall mature not later than
the thirty-first
day of December of the fifteenth calendar year
after the year in
which the original obligation was issued.
Except for obligations
issued under this section to retire
or refund obligations
previously issued under this section, no obligations shall
be
issued under this
section later than
April 1, 2012. |
| In the case of the issuance of any obligations under this
section as bond anticipation notes, provision shall be made in the
bond or note proceedings for the establishment, and the
maintenance during the period the notes are outstanding, of
special funds into which there shall be paid, from the sources
authorized for payment of the bonds anticipated, the amount that
would have been sufficient to pay the principal that would have
been payable on those bonds during that period if bonds maturing
serially in each year over the maximum period of maturity referred
to in this section had been issued without the prior issuance of
the notes. Those special funds and investment income on them shall
be used solely for the payment of debt service on those notes or
the bonds anticipated. |
| The obligations issued under this section, the transfer
thereof, and the interest or
other income thereon, including any
profit made on the sale,
exchange, or other disposition, shall at
all times be free from
taxation within the state. |
| Such obligations shall be sold only to the best bidder or
bidders after notice of sale has been published setting forth the
terms and conditions of the sale. The notice of sale shall state
the date and time
of the
sale, the
total
face value of the
obligations to be
sold,
their
denominations
and maturity
dates,
information
relative to the
rates of interest
that they
may bear, the
dates
on which the
interest will be
payable,
whether and on what terms
they are subject to call or prior
redemption, and any other
applicable term or condition of the
sale. |
| (B) Out of the proceeds of the sale of all obligations,
except those issued to refund or retire obligations previously
issued under this section,
the amount that represents accrued
interest, if any, shall be paid
into the state treasury into the
Persian gulf, Afghanistan, and
Iraq conflicts compensation bond
retirement fund, which is hereby
created. As determined at the
time of sale, the amount that represents premium shall be paid
into either the Persian gulf, Afghanistan, and Iraq conflicts
compensation bond retirement fund or the Persian gulf,
Afghanistan, and Iraq conflicts compensation fund, which is hereby
created in the state treasury. The balance of the proceeds shall
be paid into the Persian gulf, Afghanistan, and Iraq conflicts
compensation fund. All proceeds of the sale of any obligations
issued under this section to refund or retire obligations
previously issued under this section shall be paid into the
Persian gulf, Afghanistan, and Iraq conflicts compensation bond
retirement fund and used to pay debt service on those outstanding
obligations so refunded. The general assembly
may appropriate and
cause to be paid into the Persian gulf,
Afghanistan, and Iraq
conflicts compensation bond retirement fund
or the Persian gulf,
Afghanistan, and Iraq conflicts compensation
fund, out of money
in the treasury not otherwise appropriated,
such amount as is
proper for use for the purposes for
which such funds are created.
Except for amounts advanced by the general assembly to the Persian
gulf, Afghanistan, and Iraq conflicts compensation fund with the
express expectation of reimbursement from the proceeds of
obligations paid into that fund, and except for amounts
transferred under division (E) of this section for the purpose of
defraying the immediate cost of administration and compensation,
if the
general
assembly
appropriates any funds to the Persian
gulf,
Afghanistan,
and
Iraq conflicts compensation fund prior
to the
time obligations have been issued in the original
principal amount authorized in this section, that original
principal amount authorized in this section shall be reduced by
the
amount of funds
appropriated. |
| (C) On or before the first day of July in each fiscal year,
there shall be certified to the director of budget and
management
the total amount of funds necessary to provide, together with all
other money
that will
be
available in the Persian gulf,
Afghanistan, and Iraq
conflicts
compensation bond retirement
fund, for the payment of debt service in that fiscal year.
The
director shall transfer from the general
revenue fund to the
Persian gulf, Afghanistan, and Iraq conflicts
compensation bond
retirement fund, without necessity of
appropriation by the
general assembly, an
amount equal to the
amount so certified,
and those funds shall be used for the payment
of the debt
service. |
| (D)(1) The Persian gulf, Afghanistan, and Iraq conflicts
compensation fund shall be paid out upon the order of the
commissioners of the sinking fund,
without necessity of
appropriation by the general
assembly, in payment
of the
expenses of administering this
section and as compensation
as
follows to each person who meets
all of the following
requirements: |
| (a) The person has served in active duty in the United States
armed forces, except active duty for training only, at any
time
between August 2, 1990, and March 3, 1991, at any time
between
October 7, 2001, and the date determined by the president
or
congress of the United States as the end of involvement of the
United States armed forces in Afghanistan, or at any time between
March 19, 2003, and the date determined by the president or
congress of the United States as the end of the involvement of the
United States armed forces in Iraq. |
| (b) The person was an Ohio resident for at least one year
immediately preceding the start of active duty service and is
currently an Ohio resident. |
| (c) The person was separated from the United States armed
forces under
honorable conditions, is still serving in active
duty service, is retired from active duty service, or remains in
the Ohio national guard after serving on active duty. |
| A person who meets the requirements of divisions (D)(1)(a),
(b), and (c) of this section is entitled to, and may apply to
receive, compensation of fifty dollars for each month of active
domestic or foreign service and one hundred dollars for each month
of Persian gulf, Afghanistan, or Iraq service during the
compensable periods. A person who is medically discharged or
medically retired from service due to combat-related disabilities
sustained during Persian gulf, Afghanistan, or Iraq service is
entitled to, and may apply to receive, compensation of one
thousand dollars. The
maximum amount of cash payable to any
person in active domestic or
foreign service is five hundred
dollars and the maximum amount of
cash payable to any person in
Persian gulf, Afghanistan, or Iraq
service is one thousand
dollars, unless the person qualifies for a
survivor's payment or
a payment based on missing in action or
prisoner of war status
under division (D)(2) or (D)(3) of this
section. Compensation for
a fraction of a month of service shall
be paid on the basis of
one-thirtieth of the appropriate monthly
amount for each day of
service. |
| (2) The surviving spouse, surviving child or children, or
surviving parent or parents, including a person or persons
standing in loco parentis for one year preceding commencement of
service in the United States armed forces, is entitled to, and may
apply to receive, the
same amount of compensation that the person
who served in the
armed forces would have received under division
(D)(1) of this
section. If the United States department of
veterans' affairs
determines that the person's death was the
result of injuries or
illness sustained in Persian gulf,
Afghanistan, or Iraq service,
the person's survivors are entitled
to, and may apply for, a survivor's payment of
five thousand
dollars, regardless of the amount of compensation
that the
deceased would have been entitled to receive under this
section,
if living. The survivor's payment shall be made to the
surviving
spouse. If there is no surviving spouse, the payment
shall go to
the surviving child or children. If there are no
surviving
children, the payment shall go to the surviving parent
or parents
or person or persons standing in loco parentis. |
| (3) A person designated by the United States department of
defense as missing in action as a result of honorable service or
held in enemy captivity, or the spouse, child, or parent,
including
a person standing in loco parentis for one year
preceding
commencement of active duty service, of a person
designated as
missing in action or held in enemy captivity, is
entitled to, and
may apply for, a
payment of five thousand
dollars. This payment
replaces any other
cash benefit payable
under this section. While
the person is
missing or held captive,
the payment shall be made
to the person's
spouse. If there is no
spouse to claim the
payment, payment shall
be made to the
person's child or children.
If the person does not
have
children, payment shall be made to
the person's parent or
parents or person or persons standing in
loco parentis. |
| No payment to a spouse, child, parent, or person in loco
parentis of a person designated as missing in action as a result
of honorable service or held in enemy captivity, while the person
is missing in action or held captive, shall prevent the missing or
captive person from claiming and receiving a bonus of an equal
amount on the person's release or location. |
| (4) Compensation shall not be paid under this section as
follows: |
| (a) To any person who received from
another state a bonus or
compensation of a similar nature; |
| (b) To any person who served less than
ninety days in the
United States armed forces, unless active duty
was terminated as
a result of injuries or illness sustained during
Persian gulf,
Afghanistan, or Iraq service during the compensable
period; |
| (c) To any person for any
time period spent under penal
confinement during the compensable
period. |
| (5) No sale or assignment of any right or claim to
compensation under this section shall be valid. No claims of
creditors shall be enforceable against rights or claims to or
payments of compensation under this section. No fees shall be
charged for services in connection with the prosecution of any
right or claim to compensation or the collection of any
compensation under this section. |
| (6) All applications for payment of compensation under this
section shall be made to the commissioners of the sinking fund
according to
the following
schedule: |
| (a) For Persian gulf service, not later than December 31,
2011; |
| (b) For Afghanistan service, not later than three years after
the date determined by the president or congress of the United
States as the end of involvement of the United States armed forces
in Afghanistan; |
| (c) For Iraq service, not later than three years after the
date determined by the president or congress of the United States
as the end of involvement of the United States armed forces in
Iraq. |
| (7) As used in this section: |
| "Afghanistan service" means military service within
Afghanistan during the period between October 7, 2001, and the
date
determined by the president or congress of the United States
as
the end of the involvement of the United States armed forces
in
Afghanistan. |
| "Domestic service" means service within the territorial
limits of the fifty states, excluding sea duty. |
| "Foreign service" means service in locations other than the
territorial limits of the fifty states, excluding Persian gulf,
Afghanistan, or Iraq service. |
| "Iraq service" means military service within Iraq during the
period between March 19, 2003, and the date determined by the
president or congress of the United States as the end of the
involvement of the United States armed forces in Iraq. |
| "Persian gulf service" means military service within the
Persian gulf theater of operations during the period between
August 2, 1990, and March 3, 1991. |
| "United States armed forces" includes members of the Ohio
national guard serving on active duty. |
| (E) The commissioners of the sinking fund (hereinafter
referred to as "commissioners") shall have complete charge of
making
payment of compensation under division (D) of this section
and
shall adopt rules, including rules regarding the amounts to
which
beneficiaries are entitled, residency requirements, and any
other
rules necessary to implement this section. These rules
shall be adopted in accordance with Chapter 119. of the Revised
Code. |
| The commissioners shall select and appoint legal counsel
and
employees as are necessary and fix their compensation and
prescribe their duties. All appointees shall serve at the
commissioners'
pleasure. When practical, the commissioners shall
employ
Persian gulf,
Afghanistan, and Iraq conflict
veterans to
fill such
positions.
The general assembly shall
transfer
necessary funds to
the
Persian gulf, Afghanistan, and
Iraq
conflicts compensation
fund
and to the commissioners'
operating
budget, for the purpose of
defraying the immediate cost
of
administration and compensation.
Any funds so transferred shall
not reduce the original principal
amount of obligations that may
be issued under this section. |
| On payment of all valid claims for cash compensation made
within the time limitations under this section, the commissioners
may
transfer any funds remaining in the Persian gulf,
Afghanistan,
and
Iraq conflicts compensation fund to the Persian
gulf,
Afghanistan,
and Iraq conflicts compensation bond
retirement
fund. |
| On retirement of all of the obligations issued under this
section and payment of all valid claims for cash compensation made
within the time limitations under this section, the commissioners
shall
make a final report to the general assembly. Any
balance
remaining in the Persian gulf, Afghanistan, and Iraq
conflicts
compensation fund or the Persian gulf, Afghanistan, and
Iraq
conflicts compensation bond retirement fund shall be
transferred
or disposed of as provided by law. |
| (F) The people of this state declare it to be their intention
that this amendment in no manner affects or changes any of the
existing provisions of the Constitution except as set forth in
this section. The provisions of this section shall be
self-executing. |
| (G) Debt service on obligations issued pursuant to this
section shall not be included in the calculation of total debt
service for purposes of division (A) of Section 17 of Article VIII
of the Constitution of the State of Ohio. |
| (H) As provided in divisions (C) and (D)(1) of this section,
no further act of appropriation is necessary, notwithstanding
Section 22 of Article II of the Constitution of the State of Ohio. |
| (I) Any reference in this section to a public office,
officer, or body shall include any successor thereto. |
| If adopted by a majority of the electors voting on this
proposal at the general election held November 3, 2009, Section 2q
of Article VIII of the Constitution of the State of Ohio shall
take effect immediately. |
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