Bill Text: OH HB461 | 2009-2010 | 128th General Assembly | Engrossed

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Bill Title: And to amend Sections 265.50.55 and 409.10 of Am. Sub. H.B. 1 of the 128th General Assembly to make changes to the law regarding the Ohio Veterans' Home Agency, the Department of Veterans Services, the Ohio National Guard Scholarship Program, and other military-related laws, to establish the Commission for the Future of Local Veterans Posts in Ohio, to provide for adjustments to payments to schools, to provide for adjustments to payments for nonpublic schools, and to make an appropriation.

Spectrum: Slight Partisan Bill (Democrat 38-21)

Status: (Engrossed - Dead) 2010-05-20 - To Finance & Financial Institutions [HB461 Detail]

Download: Ohio-2009-HB461-Engrossed.html

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As Passed by the House

128th General Assembly Regular Session 2009-2010

Am. Sub. H. B. No. 461

Representatives Pillich, Boose 

Cosponsors: Representatives Baker, Balderson, Beck, Brown, Chandler, Derickson, Domenick, Evans, Garland, Gerberry, Grossman, Harwood, McGregor, Okey, Pryor, Sears, Ujvagi, Wachtmann, Yuko, Carney, Fende, Gardner, Garrison, Goyal, McClain, Mecklenborg, Bolon, Boyd, Celeste, Daniels, Driehaus, Dyer, Foley, Hackett, Hagan, Harris, Heard, Hite, Hottinger, Koziura, Lehner, Letson, Luckie, Lundy, Mallory, Murray, Oelslager, Otterman, Patten, Schneider, Stewart, Szollosi, Walter, Weddington, Williams, B., Winburn, Zehringer 

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A BILL

To amend sections 123.024, 141.02, 3313.616, 3721.50,

1

4503.46, 5111.21, 5902.02, 5907.01, 5907.02,

2

5907.021, 5907.04, 5907.08, 5907.10, 5907.11,

3

5907.12, 5907.13, 5911.10, 5913.01, 5913.011,

4

5913.02, 5913.021, 5919.06, 5919.26, 5919.28,

5

5919.29, 5919.34, and 5924.136 and to repeal

6

sections 5907.023, 5907.05, and 5913.04 of the

7

Revised Code and to amend Sections 265.50.55 and

8

409.10 of Am. Sub. H.B. 1 of the 128th General

9

Assembly to make changes to the law regarding the

10

Ohio Veterans' Home Agency, the Department of

11

Veterans Services, the Ohio National Guard

12

Scholarship Program, and other military-related

13

laws, to establish the Commission for the Future

14

of Local Veterans Posts in Ohio, to provide for

15

adjustments to payments to schools, to provide for

16

adjustments to payments for nonpublic schools, and

17

to make an appropriation.

18

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 123.024, 141.02, 3313.616, 3721.50,	19
4503.46, 5111.21, 5902.02, 5907.01, 5907.02, 5907.021, 5907.04,	20
5907.08, 5907.10, 5907.11, 5907.12, 5907.13, 5911.10, 5913.01,	21
5913.011, 5913.02, 5913.021, 5919.06, 5919.26, 5919.28, 5919.29,	22
5919.34, and 5924.136 of the Revised Code be amended to read as	23
follows:	24

Sec. 123.024.  (A) The department of administrative services	25
shall assign and make available, at state expense, suitable office	26
space in state-owned facilities to accommodate the office	27
operations of the state headquarters of allboth of the following:	28

(1) All veterans organizations in this state that either are	29
incorporated and issued a charter by the congress of the United	30
States or are recognized by the United States department of	31
veterans affairs;	32

(2) The auxiliary organizations of veterans organizations	33
described in division (A)(1) of this section;	34

(3) The Ohio veterans' home agency.

35

(B) The department may situate office space for each	36
auxiliary organization of a veterans organization with or near the	37
office space of that veterans organization.	38

Sec. 141.02.  (A) The salaries of the adjutant general, the	39
assistant adjutant general for army, the assistant adjutant	40
general for air, and the assistant quartermaster general shall be	41
paid according to divisions (B) and (H) of section 124.15 of the	42
Revised Code.	43

(B) The adjutant general, the assistant adjutant general for	44
army, the assistant adjutant general for air, and the assistant	45
quartermaster general shall receive the basic allowances for	46
quarters and for subsistence of their rank according to the pay at	47
the time prescribed for the armed forces of the United States,	48
except that the assistant adjutant general for air shall not	49
receive flying pay. The adjutant general shall not receive any	50
flying pay, even if the adjutant general is an officer in the air	51
national guard.	52

(C) The adjutant general, assistant adjutant general for	53
army, and the assistant adjutant general for air may take a leave	54
of absence from their respective positions without loss of pay for	55
the time they are performing service in the uniformed service as	56
required by their federally recognized officer status. These	57
positions shall not accrue leave as other permanent state	58
employees do but shall accrue leave and record usage of leave as	59
if these positions were those of the administrative department	60
heads listed in section 121.03 of the Revised Code.	61

(D) If the assistant quartermaster general is a federally	62
recognized officer, the assistant quartermaster general may take a	63
leave of absence from the position without loss of pay for the	64
time the assistant quartermaster general is performing service in	65
the uniformed service as required by the person's federally	66
recognized officer status and the assistant quartermaster general	67
shall not accrue leave as other permanent state employees do but	68
shall accrue leave and record usage of leave as if the assistant	69
quartermaster general were an administrative department head	70
listed in section 121.03 of the Revised Code. If the assistant	71
quartermaster general is not a federally recognized officer, the	72
assistant quartermaster general shall accrue leave as other	73
permanent state employees do.	74

(E) Notwithstanding Chapter 102. of the Revised Code and any	75
other provision of law, the adjutant general, assistant adjutant	76
general for army, assistant adjutant general for air, and	77
assistant quartermaster general may retain, in addition to any	78
state compensation, any federal pay, allowances, and compensation	79
received because of any federally recognized officer status.	80

Sec. 3313.616.  (A) Notwithstanding the requirements of	81
sections 3313.61, 3313.611, and 3313.612 of the Revised Code, the	82
board of education of any city, exempted village, or local school	83
district or the governing authority of any chartered nonpublic	84
school may grant a high school diploma to any veteran of World War	85
II, the Korean conflict, or the Vietnam conflict who is a resident	86
of this state or who was previously enrolled in any high school in	87
this state if all of the following apply:	88

(1) The veteran either:

89

(a) Left a public or nonpublic school located in any state	90
prior to graduation in order to serve in the armed forces of the	91
United States;	92

(b) Left a public or nonpublic school located in any state	93
prior to graduation due to family circumstances and subsequently	94
entered the armed forces of the United States.	95

(2) The veteran received an honorable discharge from the	96
armed forces of the United States.	97

(3) The veteran has not been granted a diploma as provided in	98
section 3313.61 or 3313.612 of the Revised Code, a diploma of	99
adult education as provided in section 3313.611 of the Revised	100
Code, or a diploma under this section.	101

(B) Notwithstanding the requirements of sections 3313.61,	102
3313.611, and 3313.612 of the Revised Code, the board of education	103
of any city, exempted village, or local school district or the	104
governing authority of any chartered nonpublic school may grant a	105
high school diploma to any woman who left high school during World	106
War II, the Korean conflict, or the Vietnam conflict and who is a	107
resident of this state or was previously enrolled in any high	108
school in this state, if both of the following apply:	109

(1) The woman either:

110

(a) Left a public or nonpublic school located in any state	111
prior to graduation in order to join the workforce to support her	112
family or to join the war effort;	113

(b) Left a public or nonpublic school located in any state	114
prior to graduation due to family circumstances and subsequently	115
joined the workforce or war effort.	116

(2) The woman has not been granted a diploma as provided in	117
section 3313.61 or 3313.612 of the Revised Code, a diploma of	118
adult education as provided in section 3313.611 of the Revised	119
Code, or a diploma under this section.	120

(C) If a person who would otherwise qualify for a diploma	121
under this section is deceased, the board of education of any	122
school district or the governing authority of any chartered	123
nonpublic school may award such diploma to the person posthumously	124
and may present that diploma to a living relative of the person.	125

(D) The department of veterans services, in accordance with	126
section 111.15 of the Revised Code, and with the advice and	127
consent of the veterans advisory committee established under	128
division (K)(J) of section 5902.02 of the Revised Code, shall	129
develop and adopt rules to implement this section. Such rules	130
shall include, but not be limited to, rules establishing	131
procedures for application and verification of eligible persons	132
for a diploma under this section.	133

Sec. 3721.50.  As used in sections 3721.50 to 3721.58 of the	134
Revised Code:	135

(A) "Franchise permit fee rate" means the amount determined	136
as follows:	137

(1) Determine the difference between the following:

138

(a) The total net patient revenue, less medicaid per diem	139
payments, of all nursing homes and hospital long-term care units	140
as shown on cost reports filed under section 5111.26 of the	141
Revised Code for the calendar year immediately preceding the	142
fiscal year for which the franchise permit fee is assessed under	143
section 3721.51 of the Revised Code;	144

(b) The total net patient revenue, less medicaid per diem	145
payments, of all nursing homes and hospital long-term care units	146
as shown on cost reports filed under section 5111.26 of the	147
Revised Code for the calendar year immediately preceding the	148
calendar year that immediately precedes the fiscal year for which	149
the franchise permit fee is assessed under section 3721.51 of the	150
Revised Code.	151

(2) Multiply the amount determined under division (A)(1) of	152
this section by five and five-tenths per cent;	153

(3) Divide the amount determined under division (A)(2) of	154
this section by the total number of days in the fiscal year for	155
which the franchise permit fee is assessed under section 3721.51	156
of the Revised Code;	157

(4) Subtract eleven dollars and ninety-five cents from the	158
amount determined under division (A)(3) of this section;	159

(5) Add eleven dollars and ninety-five cents to the amount	160
determined under division (A)(4) of this section.	161

(B) "Hospital" has the same meaning as in section 3727.01 of	162
the Revised Code.	163

(C) "Hospital long-term care unit" means any distinct part of	164
a hospital in which any of the following beds are located:	165

(1) Beds registered pursuant to section 3701.07 of the	166
Revised Code as skilled nursing facility beds or long-term care	167
beds;	168

(2) Beds licensed as nursing home beds under section 3721.02	169
or 3721.09 of the Revised Code.	170

(D) "Inpatient days" means all days during which a resident	171
of a nursing facility, regardless of payment source, occupies a	172
bed in the nursing facility that is included in the facility's	173
certified capacity under Title XIX. Therapeutic or hospital leave	174
days for which payment is made under section 5111.26 of the	175
Revised Code are considered inpatient days proportionate to the	176
percentage of the facility's per resident per day rate paid for	177
those days.	178

(E) "Medicaid" has the same meaning as in section 5111.01 of	179
the Revised Code.	180

(F) "Medicaid day" means all days during which a resident who	181
is a medicaid recipient occupies a bed in a nursing facility that	182
is included in the facility's certified capacity under Title XIX.	183
Therapeutic or hospital leave days for which payment is made under	184
section 5111.26 of the Revised Code are considered medicaid days	185
proportionate to the percentage of the nursing facility's per	186
resident per day rate for those days.	187

(G) "Medicare" means the program established by Title XVIII.

188

(H) "Nursing facility" has the same meaning as in section	189
5111.20 of the Revised Code.	190

(I)(1) "Nursing home" means all of the following:

191

(a) A nursing home licensed under section 3721.02 or 3721.09	192
of the Revised Code, including any part of a home for the aging	193
licensed as a nursing home;	194

(b) A facility or part of a facility, other than a hospital,	195
that is certified as a skilled nursing facility under Title XVIII;	196

(c) A nursing facility, other than a portion of a hospital	197
certified as a nursing facility.	198

(2) "Nursing home" does not include any of the following:

199

(a) A county home, county nursing home, or district home	200
operated pursuant to Chapter 5155. of the Revised Code;	201

(b) A nursing home maintained and operated by the Ohio	202
veterans' home agencydepartment of veterans services under	203
section 5907.01 of the Revised Code;	204

(c) A nursing home or part of a nursing home licensed under	205
section 3721.02 or 3721.09 of the Revised Code that is certified	206
as an intermediate care facility for the mentally retarded under	207
Title XIX.	208

(J) "Title XIX" means Title XIX of the "Social Security Act,"	209
79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	210

(K) "Title XVIII" means Title XVIII of the "Social Security	211
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	212

Sec. 4503.46.  (A) For the purposes of this section,	213
"prisoner of war" means any regularly appointed, enrolled,	214
enlisted, or inducted member of the military forces of the United	215
States who was captured, separated, and incarcerated by an enemy	216
of the United States at any time, and any regularly appointed,	217
enrolled, or enlisted member of the military forces of Great	218
Britain, France, any of the countries that comprised the former	219
Union of Soviet Socialist Republics, Australia, Belgium, Brazil,	220
Canada, China, Denmark, Greece, the Netherlands, New Zealand,	221
Norway, Poland, South Africa, or any of the countries that	222
comprised the former Yugoslavia who was a citizen of the United	223
States at the time of such appointment, enrollment, or enlistment,	224
and was captured, separated, and incarcerated by an enemy of this	225
country during World War II.	226

(B) Any person who has been a prisoner of war, or the spouse	227
of such person, may apply to the registrar of motor vehicles for	228
the registration of one passenger car, noncommercial motor	229
vehicle, or other vehicle of a class approved by the registrar the	230
person or spouse owns or leases. The application shall be	231
accompanied by written evidence in the form of a record of	232
separation, a letter from one of the armed forces of the United	233
States or other country as provided in division (A) of this	234
section, or other evidence as the registrar may require by rule,	235
that the applicant or the applicant's spouse was a prisoner of war	236
and was honorably discharged or is presently residing in this	237
state on active duty with one of the branches of the armed forces	238
of the United States, or was a prisoner of war and was honorably	239
discharged or received an equivalent discharge or release from one	240
of the armed forces of such other country. No person is eligible	241
to receive special license plates under this section if the person	242
or the person's spouse currently has registered one vehicle and	243
obtained license plates under this section.	244

Upon receipt of an application for registration of a motor	245
vehicle under this section, and presentation of satisfactory	246
evidence of such prisoner-of-war status, the registrar shall issue	247
to the applicant the appropriate vehicle registration and a set of	248
license plates. In addition to the letters and numbers ordinarily	249
inscribed thereon, the license plates shall be inscribed with the	250
words "FORMER POW." The license plates shall be issued without	251
payment of any registration fee or service fee as required by	252
division (B) of section 4503.04 and sections 4503.10 and 4503.102	253
of the Revised Code, and without payment of any applicable county,	254
township, or municipal motor vehicle tax levied under Chapter	255
4504. of the Revised Code.	256

(C) The spouse of a deceased former prisoner of war who has	257
not remarried, if the deceased person received or was eligible to	258
receive special license plates issued under division (B) of this	259
section, may apply to the registrar for the registration of the	260
spouse's personal motor vehicle without the payment of any fee or	261
tax as provided by division (B) of this section. The application	262
for registration shall be accompanied by documentary evidence of	263
the deceased person's status as a former prisoner of war and by	264
any other evidence that the registrar requires by rule.	265

Upon receipt of an application for registration under this	266
division and presentation of satisfactory evidence as required by	267
this division and by the registrar, the registrar shall issue to	268
the spouse the appropriate vehicle registration and a set of	269
license plates as provided in division (B) of this section.	270

(D) No person who is not a former prisoner of war, or the	271
spouse of such person, or the spouse of a deceased former prisoner	272
of war who has not remarried shall willfully and falsely represent	273
that the person is such a former prisoner of war or spouse, for	274
the purpose of obtaining license plates under this section.	275

(E) No person shall own or lease a motor vehicle bearing	276
license plates issued under this section unless the person is	277
eligible to be issued the license plates.	278

(F) Whoever violates this section is guilty of a misdemeanor	279
of the fourth degree.	280

Sec. 5111.21.  (A) In order to be eligible for medicaid	281
payments, the operator of a nursing facility or intermediate care	282
facility for the mentally retarded shall do all of the following:	283

(1) Enter into a provider agreement with the department as	284
provided in section 5111.22, 5111.671, or 5111.672 of the Revised	285
Code;	286

(2) Apply for and maintain a valid license to operate if so	287
required by law;	288

(3) Subject to division (B) of this section, comply with all	289
applicable state and federal laws and rules.	290

(B) A state rule that requires the operator of an	291
intermediate care facility for the mentally retarded to have	292
received approval of a plan for the proposed facility pursuant to	293
section 5123.042 of the Revised Code as a condition of the	294
operator being eligible for medicaid payments for the facility	295
does not apply if, under section 5123.193 or 5123.197 of the	296
Revised Code, a residential facility license was obtained or	297
modified for the facility without obtaining approval of such a	298
plan.	299

(C)(1) Except as provided in division (C)(2) of this section,	300
the operator of a nursing facility that elects to obtain and	301
maintain eligibility for payments under the medicaid program shall	302
qualify all of the facility's medicaid-certified beds in the	303
medicare program established by Title XVIII. The director of job	304
and family services may adopt rules under section 5111.02 of the	305
Revised Code to establish the time frame in which a nursing	306
facility must comply with this requirement.	307

(2) The Ohio veteran's home agencydepartment of veterans	308
services is not required to qualify all of the medicaid-certified	309
beds in a nursing facility the agency maintains and operates under	310
section 5907.01 of the Revised Code in the medicare program.	311

Sec. 5902.02.  The duties of the director of veterans	312
services shall include the following:	313

(A) Furnishing the veterans service commissions of all	314
counties of the state copies of the state laws, rules, and	315
legislation relating to the operation of the commissions and their	316
offices;	317

(B) Upon application, assisting the general public in	318
obtaining records of vital statistics pertaining to veterans or	319
their dependents;	320

(C) Adopting rules pursuant to Chapter 119. of the Revised	321
Code pertaining to minimum qualifications for hiring, certifying,	322
and accrediting county veterans service officers, pertaining to	323
their required duties, and pertaining to revocation of the	324
certification of county veterans service officers;	325

(D) Adopting rules pursuant to Chapter 119. of the Revised	326
Code for the education, training, certification, and duties of	327
veterans service commissioners and for the revocation of the	328
certification of a veterans service commissioner;	329

(E) Developing and monitoring programs and agreements	330
enhancing employment and training for veterans in single or	331
multiple county areas;	332

(F) Developing and monitoring programs and agreements to	333
enable county veterans service commissions to address	334
homelessness, indigency, and other veteran-related issues	335
individually or jointly;	336

(G) Developing and monitoring programs and agreements to	337
enable state agencies, individually or jointly, that provide	338
services to veterans, including the veterans' homes operated under	339
Chapter 5907. of the Revised Code and the director of job and	340
family services, to address homelessness, indigency, employment,	341
and other veteran-related issues;	342

(H) Establishing and providing statistical reporting formats	343
and procedures for county veterans service commissions;	344

(I) Publishing annually, promulgating change notices for, and	345
distributing a listing of county veterans service officers, county	346
veterans service commissioners, state directors of veterans	347
affairs, and national and state service officers of accredited	348
veterans organizations and their state headquarters. The listing	349
shall include the expiration dates of commission members' terms of	350
office and the organizations they represent; the names, addresses,	351
and telephone numbers of county veterans service officers and	352
state directors of veterans affairs; and the addresses and	353
telephone numbers of the Ohio offices and headquarters of state	354
and national veterans service organizations.	355

(J) Publishing, by the first day of April of each	356
odd-numbered year, a directory of the laws of this state dealing	357
with veterans, as enacted through the conclusion of the previous	358
session of the general assembly, and distributing the publication	359
to each county veterans service office and the state headquarters	360
of each congressionally chartered veterans organization in the	361
state;	362

(K) Establishing a veterans advisory committee to advise and	363
assist the department of veterans services in its duties. Members	364
shall include a state representative of congressionally chartered	365
veterans organizations referred to in section 5901.02 of the	366
Revised Code, a representative of any other congressionally	367
chartered state veterans organization that has at least one	368
veterans service commissioner in the state, three representatives	369
of the Ohio state association of county veterans service	370
commissioners, who shall have a combined vote of one, three	371
representatives of the state association of county veterans	372
service officers, who shall have a combined vote of one, one	373
representative of the county commissioners association of Ohio,	374
who shall be a county commissioner not from the same county as any	375
of the other county representatives, a representative of the	376
advisory committee on women veterans, a representative of a labor	377
organization, and a representative of the office of the attorney	378
general. The department of veterans services shall submit to the	379
advisory committee proposed rules for the committee's operation.	380
The committee may review and revise these proposed rules prior to	381
submitting them to the joint committee on agency rule review.	382

(L)(K) Adopting, with the advice and assistance of the	383
veterans advisory committee, policy and procedural guidelines that	384
the veterans service commissions shall adhere to in the	385
development and implementation of rules, policies, procedures, and	386
guidelines for the administration of Chapter 5901. of the Revised	387
Code. The department of veterans services shall adopt no	388
guidelines or rules regulating the purposes, scope, duration, or	389
amounts of financial assistance provided to applicants pursuant to	390
sections 5901.01 to 5901.15 of the Revised Code. The director of	391
veterans services may obtain opinions from the office of the	392
attorney general regarding rules, policies, procedures, and	393
guidelines of the veterans service commissions and may enforce	394
compliance with Chapter 5901. of the Revised Code.	395

(M)(L) Receiving copies of form DD214 filed in accordance	396
with the director's guidelines adopted under division (L) of this	397
section from members of veterans service commissions appointed	398
under section 5901.02 and from county veterans service officers	399
employed under section 5901.07 of the Revised Code;	400

(N)(M) Developing and maintaining and improving a resource,	401
such as a telephone answering point or a web site, by means of	402
which veterans and their dependents, through a single portal, can	403
access multiple sources of information and interaction with regard	404
to the rights of, and the benefits available to, veterans and	405
their dependents. The director of veterans services may enter into	406
agreements with state and federal agencies, with agencies of	407
political subdivisions, with state and local instrumentalities,	408
and with private entities as necessary to make the resource as	409
complete as is possible.	410

(O)(N) Planning, organizing, advertising, and conducting	411
outreach efforts, such as conferences and fairs, at which veterans	412
and their dependents may meet, learn about the organization and	413
operation of the department of veterans services and of veterans	414
service commissions, and obtain information about the rights of,	415
and the benefits and services available to, veterans and their	416
dependents;	417

(P)(O) Advertising, in print, on radio and television, and	418
otherwise, the rights of, and the benefits and services available	419
to, veterans and their dependents;	420

(Q)(P) Developing and advocating improved benefits and	421
services for, and improved delivery of benefits and services to,	422
veterans and their dependents;	423

(R)(Q) Searching for, identifying, and reviewing statutory	424
and administrative policies that relate to veterans and their	425
dependents and reporting to the general assembly statutory and	426
administrative policies that should be consolidated in whole or in	427
part within the organization of the department of veterans	428
services to unify funding, delivery, and accounting of statutory	429
and administrative policy expressions that relate particularly to	430
veterans and their dependents;	431

(S)(R) Encouraging veterans service commissions to innovate	432
and otherwise to improve efficiency in delivering benefits and	433
services to veterans and their dependents and to report successful	434
innovations and efficiencies to the director of veterans services;	435

(T)(S) Publishing and encouraging adoption of successful	436
innovations and efficiencies veterans service commissions have	437
achieved in delivering benefits and services to veterans and their	438
dependents;	439

(U)(T) Establishing advisory committees, in addition to the	440
veterans advisory committee established under division (K) of this	441
section, on veterans issues;	442

(V)(U) Developing and maintaining a relationship with the	443
United States department of veterans affairs, seeking optimal	444
federal benefits and services for Ohio veterans and their	445
dependents, and encouraging veterans service commissions to	446
maximize the federal benefits and services to which veterans and	447
their dependents are entitled;	448

(W)(V) Developing and maintaining relationships with the	449
several veterans organizations, encouraging the organizations in	450
their efforts at assisting veterans and their dependents, and	451
advocating for adequate state subsidization of the organizations;	452

(X)(W) Requiring the several veterans organizations that	453
receive funding from the state annually to report to the director	454
of veterans services and prescribing the form and content of the	455
report;	456

(Y)(X) Investigating complaints against county veterans	457
services commissioners and county veterans service officers if the	458
director reasonably believes the investigation to be appropriate	459
and necessary;	460

(Z)(Y) Taking any other actions required by this chapter.

461

Sec. 5907.01. (A) As used in this chapter:

462

(1) "Armed forces of the United States" has the same meaning	463
as in section 5903.11 of the Revised Code.	464

(2) "Domiciliary" means a separate area within the Ohio	465
veterans' home providing domiciliary care.	466

(3) "Domiciliary care" means providing shelter, food, and	467
necessary medical care on an ambulatory self-care basis to	468
eligible veterans who do not need the nursing services provided in	469
nursing homes.	470

(4) "Nursing home" means a nursing home within a veterans'	471
homehas the same meaning as in section 3721.01 of the Revised	472
Code.	473

(2)(5) "Veterans' home" means a veterans' home operated by	474
the Ohio veterans' home agencyVeteran" has the same meaning as in	475
section 5901.01 of the Revised Code.	476

(B) There isare hereby established the Ohio veterans' home	477
agency as part ofhomes within the department of veterans	478
services. The agencydepartment shall maintain and operate state	479
veterans' and nursing homes for honorably discharged veteransas	480
administered under the state veterans' home programs defined in	481
Title 38 of the United States Code.	482

Sec. 5907.02.  The director of veterans services shall govern	483
the Ohio veterans' home agencyhomes and have charge and custody	484
of the agency'shomes' facilities. The director shall govern,	485
conduct, and care for veterans' homes, the property of the homes,	486
and the veterans residing in the homehomes.	487

All supplies for the agencyveterans' homes shall be	488
purchased as provided in sections 125.04 to 125.15 of the Revised	489
Code.	490

The director shall appoint a superintendent of the Ohio	491
veterans' home agencyhomes upon any terms that are proper, and	492
the superintendent, with the advice and consent of the director,	493
shall employ aides, assistants, and employees, and perform other	494
duties that may be assigned to the superintendent by the director	495
or become necessary in the carrying out of the superintendent's	496
duties. The superintendent shall be responsible directly to the	497
director.	498

Subject to section 5907.021 of the Revised Code, the	499
superintendent may appoint one or more employees at each veterans'	500
home as veterans' home police officers authorized to act on the	501
grounds of that home. The superintendent shall provide to those	502
employees a copy of the rules that apply to their appointment. The	503
rules shall specify whether or not the police officers may carry a	504
firearm.	505

Subject to section 5907.021 of the Revised Code, the	506
superintendent shall appoint a chief of police of the Ohio	507
veterans' home agency, determine the number of officers and other	508
personnel required by each veterans' home, and establish salary	509
schedules and other conditions of employment for veterans' homes	510
police officers. The chief of police shall serve at the pleasure	511
of the superintendent and shall appointrecommend appointment of	512
officers and other personnel as the veterans' homes may require,	513
subject to the rules and limits that the superintendent	514
establishes regarding qualifications, salary ranges, and the	515
number of personnel. The superintendent, with the approval of the	516
director, may purchase or otherwise acquire any police apparatus,	517
equipment, or materials, including a police communication system	518
and vehicles, that the veterans' homes police officers may	519
require. The superintendent may send one or more of the officers	520
or employees nominated by the police chief to a school of	521
instruction designed to provide additional training or skills	522
related to their work assignment at their veterans' home. The	523
superintendent may send those officers or employees to the Ohio	524
peace officer training academy that the superintendent considers	525
appropriate.	526

The director shall make an annual report to the governor as	527
to all expenditures and as to the management of the Ohio veterans'	528
home agency.	529

Sec. 5907.021.  (A) As used in this section, "felony" has the	530
same meaning as in section 109.511 of the Revised Code.	531

(B)(1) The superintendent of the Ohio veterans' home agency	532
homes shall not appoint a person as a chief of police of the	533
agency or an employee as a Ohio veterans' home police officer on a	534
permanent basis, on a temporary basis, for a probationary term, or	535
on other than a permanent basis if the person or employee	536
previously has been convicted of or has pleaded guilty to a	537
felony.	538

(2)(a) The superintendent shall terminate the employment of a	539
chief of police or the employment as a veterans' home police	540
officer of an employee appointed as a veterans' home police	541
officer if that chief of police or employee does either of the	542
following:	543

(i) Pleads guilty to a felony;

544

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	545
plea agreement as provided in division (D) of section 2929.43 of	546
the Revised Code in which the chief of police or employee agrees	547
to surrender the certificate awarded to that chief of police or	548
employee under section 109.77 of the Revised Code.	549

(b) The superintendent shall suspend from employment a chief	550
of police or from employment as a veterans' home police officer an	551
employee appointed as a veterans' home police officer if that	552
chief of police or employee is convicted, after trial, of a	553
felony. If the chief of police or the employee files an appeal	554
from that conviction and the conviction is upheld by the highest	555
court to which the appeal is taken or if the chief of police or	556
the employee does not file a timely appeal, the superintendent	557
shall terminate the employment of that chief of police or that	558
employee as a veterans' home police officer. If the chief of	559
police or the employee files an appeal that results in that chief	560
of police's or that employee's acquittal of the felony or	561
conviction of a misdemeanor, or in the dismissal of the felony	562
charge against that chief of police or that employee, the	563
superintendent shall reinstate that chief of police or that	564
employee as a veterans' home police officer. A chief of police or	565
an employee who is reinstated as a veterans' home police officer	566
under division (B)(2)(b) of this section shall not receive any	567
back pay unless the conviction of that chief of police or that	568
employee of the felony was reversed on appeal, or the felony	569
charge was dismissed, because the court found insufficient	570
evidence to convict the chief of police or the employee of the	571
felony.	572

(3) Division (B) of this section does not apply regarding an	573
offense that was committed prior to January 1, 1997.	574

(4) The suspension from employment, or the termination of the	575
employment, of a chief of police or a veterans' home police	576
officer under division (B)(2) of this section shall be in	577
accordance with Chapter 119. of the Revised Code.	578

Sec. 5907.04.  Subject to the following paragraph, all	579
members of the armed forcesveterans, who served in the regular or	580
volunteer forces of the United States or the Ohio national guard	581
or members of the naval militia during the war with Spain, the	582
Philippine insurrection, the China relief expedition, the Indian	583
war, the Mexican expedition, World War I, World War II, or during	584
the period beginning June 25, 1950 and ending July 19, 1953, known	585
as the Korean conflict, or during the period beginning August 5,	586
1964, and ending July 1, 1973, known as the Vietnam conflict,	587
during a period of conflict as determined by the United States	588
department of veterans affairs or any person who is awarded either	589
the armed forces expeditionary medal established by presidential	590
executive order 10977 dated December 4, 1961, or the Vietnam	591
service medal established by presidential executive order 11231	592
dated July 8, 1965, who have been honorably discharged or	593
separated under honorable conditions therefrom, or any discharged	594
members of the Polish and Czechoslovakian armed forces who served	595
in armed conflict with an enemy of the United States in World War	596
I or World War II who have been citizens of the United States for	597
at least ten years, provided that the above-mentioned persons have	598
been citizens of this state for five consecutive yearsone year or	599
more at the date of making application for admission, are disabled	600
by disease, wounds, or otherwise, and are by reason of such	601
disability incapable of earning their living, and all members of	602
the Ohio national guard or naval militia who have lost an arm or	603
leg, or their sight, or become permanently disabled from any	604
cause, while in the line and discharge of duty, and are not able	605
to support themselves, may be admitted to a veterans' home under	606
such rules as the director of veterans services adopts.	607

A personveteran who served in the armed forces of the United	608
States as defined in division (E)(7) of section 5903.11 of the	609
Revised Code is eligible for admission to a veterans' home under	610
the preceding paragraph only if the person has the characteristics	611
defined in division (B)(1) of section 5901.01 of the Revised Code.	612

The superintendent of the Ohio veterans' home agency shall	613
promptly and diligently pursue the establishment of the	614
eligibility for medical assistance under Chapter 5111. of the	615
Revised Code of all persons admitted to a veterans' home and all	616
residents of a home who appear to qualify and shall promptly and	617
diligently pursue and maintain the certification of each home's	618
compliance with federal laws and regulations governing	619
participation in the medical assistance program to include as	620
large as possible a part of the home's bed capacity.	621

Veterans' homes may reserve a bed during the temporary	622
absence of a resident or patient from the home, including a	623
nursing home within it, under conditions prescribed by the	624
director, to include hospitalization for an acute condition,	625
visits with relatives and friends, and participation in	626
therapeutic programs outside the home. A home shall not reserve a	627
bed for more than thirty days, except that absences for more than	628
thirty days due to hospitalization may be authorized.	629

Sec. 5907.08.  When a resident of a veterans' home becomes	630
dangerous to the community due to a mental illness, the	631
superintendent of the Ohio veterans' home agencyhomes shall file	632
with the probate judge of the county in which the home is located	633
substantially the following affidavit:	634

"The State of Ohio, .......... county, ss. ...........,	635
superintendent of the Ohio veterans' home agencyhomes, being duly	636
sworn, says that the superintendent believes that ............, a	637
resident of the veterans' home located in .......... county, has a	638
mental illness; that, in consequence of the resident's mental	639
illness, the resident's being at large is dangerous to the	640
community, and that the resident was received into the home from	641
............ county, on the ...... day of ........., .....	642

...................."

643

Sec. 5907.10. (A) The Ohio veterans' home agencyhomes shall	644
maintain and operate a nursing home as part of each veterans' home	645
for the benefit of honorably discharged veterans admitted to a	646
veterans' home under this chapter. The nursing homes are subject	647
to sections 3721.01 to 3721.09 and 3721.99 of the Revised Code.	648

(B) The nursing home within the veterans' home located in	649
Sandusky shall be known as "The Robert T. Secrest Nursing Home."	650

Sec. 5907.11.  (A) The superintendent of the Ohio veterans'	651
home agencyhomes, with the approval of the director of veterans	652
services, may establish a local fund for each veterans' home to be	653
used for the entertainment and welfare of the residents of the	654
home. Each fund shall be designated as the residents' benefit fund	655
and shall be operated for the exclusive benefit of the residents	656
of the associated home. Each fund shall receive all revenue from	657
the sale of commissary items at the associated home and shall	658
receive all moneys received as donations by the associated home	659
from any source.	660

(B) The residents' benefit funds also may be used to receive	661
and disburse any donations made for events sponsored by the Ohio	662
veterans hall of fame.	663

(C) The superintendent, subject to the approval of the	664
director, shall establish rules for the operation of the	665
residents' benefit funds.	666

Sec. 5907.12.  The directorsuperintendent of veterans	667
servicesthe Ohio veterans' homes may utilize the services of	668
volunteers to assist in attending to and caring for residents,	669
assisting in resident activities, caring for veterans' homes'	670
buildings and grounds, and participating in any other services	671
that accomplish any of the director'ssuperintendent's purposes	672
related to veterans' homes. All volunteer programs are subject to	673
the director'ssuperintendent's approval. The director	674
superintendent may recruit, train, and supervise the services of	675
community volunteers or volunteer groups for volunteer programs.	676
The directorsuperintendent may designate volunteers as state	677
employees for the purpose of motor vehicle accident liability	678
insurance under section 9.83 of the Revised Code and for the	679
purpose of indemnification from liability incurred in the	680
performance of their duties under section 9.87 of the Revised	681
Code.	682

Sec. 5907.13.  Residents of veterans' homes may be assessed a	683
fee to pay a portion of the expenses of their support, dependent	684
upon their ability to pay. Subject to controlling board approval,	685
the director of veterans services shall adopt rules for	686
determining a resident's ability to pay. Each resident shall	687
furnish the directorrequired statements of income, assets,	688
debts, and expenses that the director requires.	689

All fees contributed by the residents under this section	690
shall be deposited into an interest-bearing account in a public	691
depository in accordance with section 135.18 of the Revised Code.	692
All of these fees shall be paid to the treasurer of state within	693
thirty days after the end of the month of receipt, together with	694
all interest credited to the account to date. The treasurer of	695
state shall credit eighty per cent of these fees and of this	696
interest to the Ohio veterans' homes operating fund and twenty per	697
cent of these fees and of this interest to the Ohio veterans'	698
homes fund.	699

The fee for each resident shall be based upon the level of	700
care provided to the resident by the resident's home. The director	701
shall determine authorized levels of care for residents. The	702
assessment for each resident shall not exceed the difference	703
between the total per diem amount collected by the state for	704
maintenance from all sources on the resident's behalf and the	705
average annual per diem cost for the resident's maintenance,	706
computed in accordance with veterans administration regulations.	707

Sec. 5911.10.  If any armory erected or purchased by the	708
state becomes vacant because of the deactivation of the	709
organizations quartered in that armory, the governor and the	710
adjutant general may lease that armory for periods not to exceed	711
one year; or, when authorized by an act of the general assembly,	712
may sell that armory or lease it for a period of years.	713

The proceeds from the sale or lease of such an armory, or	714
from the sale or lease of other facilities and land owned by the	715
adjutant general, shall be credited to the armory improvements	716
fund, which is hereby created in the state treasury. The moneys in	717
the fund shall be used to support Ohio army national guard	718
facility and maintenance expenses as the adjutant general directs.	719
Any fund expenditure related to the construction, acquisition,	720
lease, or financing of a capital asset is subject to approval by	721
the controlling board. Investment earnings of the fund shall be	722
credited to the general revenue fund.	723

Sec. 5913.01.  (A) The adjutant general is the commander and	724
administrative head of the Ohio organized militia. The adjutant	725
general shall:	726

(1) Be provided offices and shall keep them open during usual	727
business hours;	728

(2) Have and maintain custody of all military records,	729
correspondence, and other documents of the Ohio organized militia;	730

(3) Superintend the preparation of all returns and reports	731
required by the United States from the state on military matters;	732

(4) Keep a roster of all officers of the Ohio organized	733
militia, including retired officers;	734

(5) Whenever necessary, cause the military provisions of the	735
Revised Code and the orders, regulations, pamphlets, circulars,	736
and memorandums of the adjutant general's department to be printed	737
and distributed to the organizations of the Ohio organized	738
militia;	739

(6) Prepare and issue all necessary Ohio organized militia	740
forms and attest to all commissions issued to officers of the Ohio	741
organized militia;	742

(7) Have a seal, and all copies of orders, records, and	743
papers in the adjutant general's office certified and	744
authenticated with that seal shall be competent evidence in like	745
manner as if the originals were produced. All orders issued from	746
the adjutant general's office shall bear a duplicate of the seal.	747

(8) Keep and preserve the arms, ordnance, equipment, and all	748
other military property belonging to the state or issued to the	749
state by the federal government and issue any regulations	750
necessary to keep, preserve, and repair the property as conditions	751
demand;	752

(9) Issue adjutant general's property to the units of the	753
Ohio organized militia as the necessity of the service or	754
organizational or allowance tables requires;	755

(10) Submit an annual report to the governor at such time as	756
the governor requires of the transaction of the adjutant general's	757
department, setting forth the strength and condition of the Ohio	758
organized militia and other matters that the adjutant general	759
chooses;	760

(11) Command the state area commandjoint force headquarters	761
of the Ohio national guard.	762

(B) The adjutant general shall issue and distribute all	763
orders issued in the name of the governor as the commander in	764
chief of the Ohio organized militia and perform the duties that	765
the governor directs and other duties prescribed by law.	766

(C) The adjutant general may enter into cooperative	767
agreements, contractual arrangements, or agreements for the	768
acceptance of grants with the United States or any agency or	769
department of the United States, other states, any department or	770
political subdivision of this state, or any person or body	771
politic, to accomplish the purposes of the adjutant general's	772
department. The adjutant general shall cooperate with, and not	773
infringe upon, the rights of other state departments, divisions,	774
boards, commissions, and agencies, political subdivisions, and	775
other public officials and public and private agencies when the	776
interests of the adjutant general's department and those other	777
entities overlap.	778

The funds made available by the United States for the	779
exclusive use of the department shall be expended only by the	780
department and only for the purposes for which the federal funds	781
were appropriated. In accepting federal funds, the department	782
agrees to abide by the terms and conditions of the grant or	783
cooperative agreement and further agrees to expend the federal	784
funds in accordance with the laws and regulations of the United	785
States.	786

Sec. 5913.011.  The adjutant general of Ohio is hereby	787
authorized to enter into a contract with the federal department of	788
health, education and welfaresocial security administration for	789
the purpose of securing social security benefits, under the	790
national social security act, for those employees of the Ohio	791
national guard who are paid from federal funds, and for whom the	792
federal congress appropriates funds to cover employer's share of	793
social security payments.	794

Sec. 5913.02. (A) The military staff of the governor may	795
consist of any of the following:	796

(1)(A) An adjutant general in the grade of major general, who	797
shall perform the duties of quartermaster general;	798

(2)(B) An assistant adjutant general for army in the grade of	799
major general;	800

(3)(C) An assistant adjutant general for air in the grade of	801
major general;	802

(4)(D) An assistant quartermaster general in the grade of	803
colonel or brigadier general or any retired officer who has	804
appropriate qualifications for the position, as determined by the	805
adjutant general and the governor.	806

All persons named in divisions (A)(1) to (4)(D) of this	807
section shall be appointed by the governor and shall hold office	808
during the governor's pleasure.	809

(B) The governor's military staff also shall include four	810
aides-de-camp, who shall be appointed by the governor and hold	811
office during the governor's pleasure.	812

Sec. 5913.021.  (A) The adjutant general at the time of	813
appointment shall be a federally recognized officer in the Ohio	814
national guard in the grade of colonel or above or have a	815
certificate of eligibility for federal recognition.	816

(B) The assistant adjutant general for army at the time of	817
appointment shall be a federally recognized officer in the Ohio	818
army national guard in the grade of colonel or above or have a	819
certificate of eligibility for federal recognition.	820

(C) The assistant adjutant general for air at the time of	821
appointment shall be a federally recognized officer in the Ohio	822
air national guard in the grade of colonel or above or have a	823
certificate of eligibility for federal recognition.	824

(D) The assistant quartermaster general at the time of	825
appointment shall be a federally recognized officer in the Ohio	826
army national guard in the grade of lieutenant colonel or above	827
brigadier general, or any retired officer who has appropriate	828
qualifications for the position, as determined by the adjutant	829
general and the governor.	830

(E) The adjutant general, the assistant adjutant general for	831
army, the assistant adjutant general for air, and the assistant	832
quartermaster general at the time of appointment shall each have	833
not less than ten years' commissioned service in the armed forces	834
of the United States, not less than five years of that service	835
being in the Ohio national guard, and shall at all times during	836
their tenure of office be federally recognized officers of the	837
Ohio national guard.	838

(F) The provisions of this section relative to federal	839
recognition shall be suspended during any period of emergency when	840
the majority of the units of the Ohio national guard are in the	841
federal service. In that event, retired officers of the Ohio	842
national guard shall be eligible to serve as adjutant general,	843
assistant adjutant general for army, assistant adjutant general	844
for air, and assistant quartermaster general for the duration of	845
such emergency or until a majority of the units of the Ohio	846
national guard are released from federal service.	847

Sec. 5919.06.  Persons shall be commissioned as officers of	848
the Ohio national guard shall be selected only from the following	849
classes: officers or enlisted men of the national guard; officers,	850
active or retired, reserve officers, and former officers of the	851
armed forces of the United States; persons who hold certificates	852
of eligibility for commission; enlisted men and former enlisted	853
men of the armed forces of the United States who have received an	854
honorable discharge; graduates of the United States military,	855
naval, and air force academies; graduates of the reserve officer	856
training corps; and for the technical branches and services, such	857
other civilians as may be specially qualified for duty thereinas	858
provided under army, air force, and national guard regulations.	859

Sec. 5919.26.  The adjutant general shall provide by order	860
the reports to be made by the officers of the Ohio national guard,	861
which requirements shall, as far as practicable, be upon similar	862
blanks and in similar form to the reports required under the	863
regulations of the government for the armed forces of the United	864
States.	865

Sec. 5919.28.  The system of tactics, field exercises, and	866
training and evaluation for the United States army or air force	867
shall be the system of tactics, field exercises, and training and	868
evaluation for the Ohio national guard.	869

Sec. 5919.29.  (A) The governor as commander in chief may	870
order individuals and units of the Ohio national guard to perform	871
any training or duty authorized under the "Act of August 10,	872
1956," 70A Stat. 596, 32 U.S.C.A. 101 to 716, and under	873
regulations prescribed by the president of the United States, the	874
secretary of defense, the secretary of the army, the secretary of	875
the air force, or the chief of the national guard bureau.	876

(B) When ordered by the governor to perform training or duty	877
under this section or section 5923.12 of the Revised Code, members	878
of the Ohio national guard shall have the protections afforded to	879
persons on federal active duty by the "The Soldiers and Sailors	880
Service Members Civil Relief Act of 1940," 54 Stat. 1178Pub. L.	881
No. 108-189, 50 App. U.S.C.A. 501-548 and 560-591596, and by the	882
"Uniformed Services Employment and Reemployment Rights Act of	883
1994," 108 Stat. 3149, 38 U.S.C.A. 4301 to 4333.	884

Sec. 5919.34.  (A) As used in this section:

885

(1) "Academic term" means any one of the following:

886

(a) Fall term, which consists of fall semester or fall	887
quarter, as appropriate;	888

(b) Winter term, which consists of winter semester, winter	889
quarter, or spring semester, as appropriate;	890

(c) Spring term, which consists of spring quarter;

891

(d) Summer term, which consists of summer semester or summer	892
quarter, as appropriate.	893

(2) "Eligible applicant" means any individual to whom all of	894
the following apply:	895

(a) The individual does not possess a baccalaureate degree.

896

(b) The individual has enlisted, re-enlisted, or extended	897
current enlistment in the Ohio national guard or is an individual	898
to which division (F) of this section applies.	899

(c) The individual is actively enrolled as a full-time or	900
part-time student for at least sixthree credit hours of course	901
work in a semester or quarter in a two-year or four-year	902
degree-granting program at an institution of higher education or	903
in a diploma-granting program at an institution of higher	904
education that is a school of nursing.	905

(d) The individual has not accumulated ninety-six eligibility	906
units under division (E) of this section.	907

(3) "Institution of higher education" means an Ohio	908
institution of higher education that is state-assisted, that is	909
nonprofit and has received a certificate of authorization from the	910
Ohio board of regents pursuant to Chapter 1713. of the Revised	911
Code, that is a private institution exempt from regulation under	912
Chapter 3332. of the Revised Code as prescribed in section	913
3333.046 of the Revised Code, or that holds a certificate of	914
registration and program authorization issued by the state board	915
of career colleges and schools pursuant to section 3332.05 of the	916
Revised Code.	917

(4) "State university" has the same meaning as in section	918
3345.011 of the Revised Code.	919

(B)(1) There is hereby created a scholarship program to be	920
known as the Ohio national guard scholarship program. For the	921
fiscal year 2000, the number of participants in the program for	922
the fall term is limited to the equivalent of two thousand five	923
hundred full-time participants; the number of participants in the	924
program for the winter term is limited to the equivalent of two	925
thousand five hundred full-time participants; the number of	926
participants in the program for the spring term is limited to the	927
equivalent of one thousand six hundred seventy-five full-time	928
participants; and the number of participants in the program for	929
the summer term is limited to the equivalent of six hundred	930
full-time participants. Except as provided in division (B)(2) of	931
this section for the fiscal year 2001 and succeeding fiscal years,	932
the number of participants in the program for the fall term is	933
limited to the equivalent of three thousand five hundred full-time	934
participants; the number of participants in the program for the	935
winter term is limited to the equivalent of three thousand five	936
hundred full-time participants; the number of participants in the	937
program for the spring term is limited to the equivalent of two	938
thousand three hundred forty-five full-time participants; and the	939
number of participants in the program for the summer term is	940
limited to the equivalent of eight hundred full-time participants.	941

(2) After the application deadline for any academic term in	942
fiscal year 2001, the adjutant general may request the controlling	943
board, if sufficient appropriated funds are available, to approve	944
the following number of additional participants for that term:	945

(a) For the fall or winter academic term, up to the	946
equivalent of five hundred additional full-time participants;	947

(b) For the spring academic term, up to the equivalent of	948
three hundred seventy-five additional full-time participants;	949

(c) For the summer academic term, up to the equivalent of one	950
hundred twenty-five additional full-time participants.	951

(C) If the adjutant general estimates that appropriations and	952
any funds in the Ohio national guard scholarship reserve fund are	953
insufficient to pay for all scholarships applied for under this	954
section and likely to be used during an academic term are	955
inadequate for all eligible applicants for that academic term to	956
receive scholarships, the adjutant general shall promptly inform	957
all applicants not receiving scholarships for that academic term	958
of the next academic term that appropriations will be adequate for	959
the scholarships. Any such eligible applicant may again apply for	960
a scholarship beginning that academic term if the applicant is in	961
compliance with all requirements established by this section and	962
the adjutant general for the program. The adjutant general shall	963
process all applications for scholarships for each academic term	964
in the order in which they are received. The scholarships shall be	965
made without regard to financial need. At no time shall one person	966
be placed in priority over another because of sex, race, or	967
religion.	968

(D)(1) Except as provided in division (I) of this section,	969
for each academic term that an eligible applicant is approved for	970
a scholarship under this section and either remains a current	971
member in good standing of the Ohio national guard or is eligible	972
for a scholarship under division (F)(1) of this section, the	973
institution of higher education in which the applicant is enrolled	974
shall, if the applicant's enlistment obligation extends beyond the	975
end of that academic term or if division (F)(1) of this section	976
applies, be paid on the applicant's behalf the applicable one of	977
the following amounts:	978

(a) If the institution is state-assisted, an amount equal to	979
one hundred per cent of the institution's tuition charges;	980

(b) If the institution is a nonprofit private institution or	981
a private institution exempt from regulation under Chapter 3332.	982
of the Revised Code as prescribed in section 3333.046 of the	983
Revised Code, an amount equal to one hundred per cent of the	984
average tuition charges of all state universities;	985

(c) If the institution is an institution that holds a	986
certificate of registration from the state board of career	987
colleges and schools, the lesser of the following:	988

(i) An amount equal to one hundred per cent of the total	989
instructional and general charges of the institution;	990

(ii) An amount equal to one hundred per cent of the average	991
tuition charges of all state universities.	992

(2) An eligible applicant's scholarship shall not be reduced	993
by the amount of that applicant's benefits under "the Montgomery	994
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984).	995

(3) An eligible non-prior service applicant's scholarship	996
shall be reduced by the amount of the applicant's tuition benefits	997
under "The Post-9/11 Veterans Educational Assistance Act of 2008,"	998
110 Pub. L. No. 252, 122 Stat. 2323 (2008). An eligible prior	999
service applicant's scholarship shall be reduced by the amount of	1000
the applicant's tuition benefits under "The Post-9/11 Veterans	1001
Educational Assistance Act of 2008" unless the applicant qualified	1002
for one hundred per cent tuition under that act and transfers the	1003
federal benefits under that act's portability provisions.	1004

(E) A scholarship recipient under this section shall be	1005
entitled to receive scholarships under this section for the number	1006
of quarters or semesters it takes the recipient to accumulate	1007
ninety-six eligibility units as determined under divisions (E)(1)	1008
to (3) of this section.	1009

(1) To determine the maximum number of semesters or quarters	1010
for which a recipient is entitled to a scholarship under this	1011
section, the adjutant general shall convert a recipient's credit	1012
hours of enrollment for each academic term into eligibility units	1013
in accordance with the following table:	1014

		The				1015
Number of		following		The following		1016
credit hours		number of		number of		1017
of enrollment		eligibility		eligibility		1018
in an academic		units if a		units if a		1019
term	equals	semester	or	quarter		1020
						1021
12 or more hours		12 units		8 units		1022
9 but less than 12		9 units		6 units		1023
6 but less than 9		6 units		4 units		1024

(2) A scholarship recipient under this section may continue	1025
to apply for scholarships under this section until the recipient	1026
has accumulated ninety-six eligibility units.	1027

(3) If a scholarship recipient withdraws from courses prior	1028
to the end of an academic term so that the recipient's enrollment	1029
for that academic term is less than sixthree credit hours, no	1030
scholarship shall be paid on behalf of that person for that	1031
academic term. Except as provided in division (F)(3) of this	1032
section, if a scholarship has already been paid on behalf of the	1033
person for that academic term, the adjutant general shall add to	1034
that person's accumulated eligibility units the number of	1035
eligibility units for which the scholarship was paid.	1036

(F) This division applies to any eligible applicant called	1037
into active duty on or after September 11, 2001. As used in this	1038
division, "active duty" means active duty pursuant to an executive	1039
order of the president of the United States, an act of the	1040
congress of the United States, or section 5919.29 or 5923.21 of	1041
the Revised Code.	1042

(1) AnFor a period of up to five years from when an	1043
individual's enlistment obligation in the Ohio national guard	1044
ends, an individual to whom this division applies is eligible for	1045
scholarships under this section for those academic terms that were	1046
missed or could have been missed as a result of the individual's	1047
call into active duty. Scholarships shall not be paid for the	1048
academic term in which an eligible applicant's enlistment	1049
obligation ends unless an applicant is eligible under this	1050
division for a scholarship for such academic term due to previous	1051
active duty.	1052

(2) When an individual to whom this division applies	1053
withdraws or otherwise fails to complete courses, for which	1054
scholarships have been awarded under this section, because the	1055
individual was called into active duty, the institution of higher	1056
education shall grant the individual a leave of absence from the	1057
individual's education program and shall not impose any academic	1058
penalty for such withdrawal or failure to complete courses.	1059
Division (F)(2) of this section applies regardless of whether or	1060
not the scholarship amount was paid to the institution of higher	1061
education.	1062

(3) If an individual to whom this division applies withdraws	1063
or otherwise fails to complete courses because the individual was	1064
called into active duty, and if scholarships for those courses	1065
have already been paid, either:	1066

(a) The adjutant general shall not add to that person's	1067
accumulated eligibility units calculated under division (E) of	1068
this section the number of eligibility units for the academic	1069
courses or term for which the scholarship was paid and the	1070
institution of higher education shall repay the scholarship amount	1071
to the state.	1072

(b) The adjutant general shall add to that individual's	1073
accumulated eligibility units calculated under division (E) of	1074
this section the number of eligibility units for the academic	1075
courses or term for which the scholarship was paid if the	1076
institution of higher education agrees to permit the individual to	1077
complete the remainder of the academic courses in which the	1078
individual was enrolled at the time the individual was called into	1079
active duty.	1080

(4) No individual who is discharged from the Ohio national	1081
guard under other than honorable conditions shall be eligible for	1082
scholarships under this division.	1083

(G) A scholarship recipient under this section who fails to	1084
complete the term of enlistment, re-enlistment, or extension of	1085
current enlistment the recipient was serving at the time a	1086
scholarship was paid on behalf of the recipient under this section	1087
is liable to the state for repayment of a percentage of all Ohio	1088
national guard scholarships paid on behalf of the recipient under	1089
this section, plus interest at the rate of ten per cent per annum	1090
calculated from the dates the scholarships were paid. This	1091
percentage shall equal the percentage of the current term of	1092
enlistment, re-enlistment, or extension of enlistment a recipient	1093
has not completed as of the date the recipient is discharged from	1094
the Ohio national guard.	1095

The attorney general may commence a civil action on behalf of	1096
the adjutant general to recover the amount of the scholarships and	1097
the interest provided for in this division and the expenses	1098
incurred in prosecuting the action, including court costs and	1099
reasonable attorney's fees. A scholarship recipient is not liable	1100
under this division if the recipient's failure to complete the	1101
term of enlistment being served at the time a scholarship was paid	1102
on behalf of the recipient under this section is due to the	1103
recipient's death; discharge from the national guard due to	1104
disability; or the recipient's enlistment, for a term not less	1105
than the recipient's remaining term in the national guard, in the	1106
active component of the United States armed forces or the active	1107
reserve component of the United States armed forces.	1108

(H) On or before the first day of each academic term, the	1109
adjutant general shall provide an eligibility roster to each	1110
institution of higher education at which one or more scholarship	1111
recipients have applied for enrollment. The institution shall use	1112
the roster to certify the actual full-time or part-time enrollment	1113
of each scholarship recipient listed as enrolled at the	1114
institution and return the roster to the adjutant general within	1115
thirty days after the first day of the academic term. The adjutant	1116
general shall report to the Ohio board of regents the number of	1117
students in the Ohio national guard scholarship program at each	1118
institution of higher education. The Ohio board of regents shall	1119
provide for payment of the appropriate number and amount of	1120
scholarships to each institution of higher education pursuant to	1121
division (D) of this section. If an institution of higher	1122
education fails to certify the actual enrollment of a scholarship	1123
recipient listed as enrolled at the institution within thirty days	1124
of the end of an academic term, the institution shall not be	1125
eligible to receive payment from the Ohio national guard	1126
scholarship program or from the individual enrollee. The adjutant	1127
general shall report on a quarterly basis to the director of	1128
budget and management, the speaker of the house of	1129
representatives, and the president of the senate the number of	1130
Ohio national guard scholarship recipients and a projection of the	1131
cost of the program for the remainder of the biennium.	1132

(I) The chancellor of the Ohio board of regents and the	1133
adjutant general may adopt rules pursuant to Chapter 119. of the	1134
Revised Code governing the administration and fiscal management of	1135
the Ohio national guard scholarship program and the procedure by	1136
which the Ohio board of regents and the department of the adjutant	1137
general may modify the amount of scholarships a member receives	1138
based on the amount of other state financial aid a member	1139
receives.	1140

(J) Notwithstanding division (A) of section 127.14 of the	1141
Revised Code, the controlling board shall not transfer all or part	1142
of any appropriation for the Ohio national guard scholarship	1143
program.	1144

Sec. 5924.136.  (A) The following persons of the organized	1145
militia may administer oaths for the purposes of military	1146
administration, including military justice, and affidavits may be	1147
taken for those purposes before those persons who shall have the	1148
general powers of a notary public:	1149

(1) The state judge advocate and all assistant state judge	1150
advocates;	1151

(2) All law specialists;

1152

(3) All summary courts-martial;

1153

(4) All adjutants, assistant adjutants, acting adjutants, and	1154
personnel adjutants;	1155

(5) All commanding officers of the naval militia;

1156

(6) All legal officers;

1157

(7) The president, military judge, trial counsel, and	1158
assistant trial counsel for all general and special	1159
courts-martial;	1160

(8) The president and counsel for the court of any court of	1161
inquiry;	1162

(9) All officers designated to take a deposition;

1163

(10) All persons detailed to conduct an investigation; and

1164

(11) All other persons designated by regulations of the	1165
governoradjutant general.	1166

(B) Officers on the state reserve list and state retired list	1167
shall not be authorized to administer oaths as provided in this	1168
section unless they are on active duty in or with the organized	1169
militia under orders of the governor as prescribed in this code.	1170

(C) The signature without seal of any such person, together	1171
with the title of histhe person's office, is prima-facie evidence	1172
of histhe person's authority.	1173

Section 2.  That existing sections 123.024, 141.02, 3313.616,	1174
3721.50, 4503.46, 5111.21, 5902.02, 5907.01, 5907.02, 5907.021,	1175
5907.04, 5907.08, 5907.10, 5907.11, 5907.12, 5907.13, 5911.10,	1176
5913.01, 5913.011, 5913.02, 5913.021, 5919.06, 5919.26, 5919.28,	1177
5919.29, 5919.34, and 5924.136 and sections 5907.023, 5907.05,	1178
and 5913.04 of the Revised Code are hereby repealed.	1179

Section 3. (A) The Commission for the Future of Local	1180
Veterans Posts in Ohio shall develop recommendations for the	1181
successful and sustainable operation of local veterans posts in	1182
Ohio. In developing its recommendations, the commission shall	1183
analyze, but is not limited to analyzing only, the following:	1184

(1) The economic status of local veterans posts throughout	1185
the state;	1186

(2) Relevant tax and regulatory issues impacting local	1187
veterans posts in the state, and comparable tax and regulatory	1188
issues impacting local veterans posts in other states;	1189

(3) Relevant tax and regulatory costs impacting local	1190
veterans posts in the state compared to support provided by the	1191
state and by its political subdivisions, and comparable relevant	1192
tax and regulatory costs impacting local veterans posts in other	1193
states compared to support provided by the other states and by	1194
their political subdivisions;	1195

(4) The local economic and civic impact of local veterans	1196
posts in communities throughout the state;	1197

(5) The sustainability of local veterans posts in the state.

1198

(B) There is a Commission for the Future of Local Veterans	1199
Posts in Ohio, consisting of nine members. The President of the	1200
Senate, Minority Leader of the Senate, Speaker of the House of	1201
Representatives, and Minority Leader of the House of	1202
Representatives each shall appoint one member from their	1203
respective houses. The Director of Veterans Services shall	1204
appoint, on the recommendation of each organization, a	1205
representative of the American Legion of Ohio, a representative of	1206
AMVETS of Ohio, and a representative of the Veterans of Foreign	1207
Wars. The Director shall also appoint a veteran who is a member of	1208
a local veterans post not otherwise represented on the commission.	1209
The Director, or the Director's designee, shall serve as an ex	1210
officio member of the commission and shall serve as the	1211
chairperson of the commission.	1212

Initial appointments to the commission shall be made not	1213
later than thirty days after the act's effective date. Vacancies	1214
shall be filled in the manner provided for original appointments.	1215

Members of the commission are not entitled to compensation	1216
for their services.	1217

The commission shall conduct public meetings on the	1218
development of its recommendations, and in particular on the	1219
subjects it is required to analyze under division (A) of this	1220
section. The commission shall meet at the call of the chairperson.	1221

(C) The commission shall report its recommendations and	1222
reasons supporting them to the President of the Senate, the	1223
Speaker of the House of Representatives, the Minority Leader of	1224
the Senate, the Minority Leader of the House of Representatives,	1225
and the Governor not later than December 31, 2010. The commission	1226
ceases to exist upon submitting its recommendations.	1227

Section 4.  (A) After meeting the requirements of division	1228
(B) of this section, on June 30, 2010, or as soon as possible	1229
thereafter, the Director of Budget and Management, upon the	1230
request of the Superintendent of Public Instruction, shall cancel	1231
up to $29,732,647 of prior year encumbrances against General	1232
Revenue Fund appropriation items in the Department of Education's	1233
budget that are expected to lapse at the end of fiscal year 2010.	1234
The amount of the canceled encumbrances up to $20,761,069 is	1235
hereby reappropriated to appropriation item 200511, Auxiliary	1236
Services, and up to $8,971,578 is hereby reappropriated to	1237
appropriation item 200532, Nonpublic Administrative Cost	1238
Reimbursement, for fiscal year 2011. These amounts are in addition	1239
to any appropriations in Am. Sub. H.B. 1 of the 128th General	1240
Assembly, but are inclusive of appropriations provided in Section	1241
6 of Sub. H.B. 318 of the 128th General Assembly.	1242

(B) Division (A) of this section shall not be implemented	1243
until the following requirements have been met:	1244

(1) The Director of Budget and Management and the	1245
Superintendent of Public Instruction have determined that Section	1246
265.50.55 of Am. Sub. H.B. 1 of the 128th General Assembly, as	1247
amended by this Act, has been fully implemented to meet the use of	1248
funds and maintenance of effort provisions of the American	1249
Recovery and Reinvestment Act. Division (A) of this section is not	1250
intended to interfere with Section 265.50.55 of Am. Sub. H.B. 1 of	1251
the 128th General Assembly,	1252

(2) The Director of Budget and Management has determined that	1253
sufficient General Revenue Fund resources exist to fund authorized	1254
state expenditures for fiscal years 2010 and 2011. Division (A) of	1255
this section is not intended to interfere with state fiscal	1256
management.	1257

Section 5.  Section 5907.021 of the Revised Code is presented	1258
in this act as a composite of the section as amended by both Am.	1259
Sub. H.B. 490 and H.B. 675 of the 124th General Assembly. The	1260
General Assembly, applying the principle stated in division (B) of	1261
section 1.52 of the Revised Code that amendments are to be	1262
harmonized if reasonably capable of simultaneous operation, finds	1263
that the composite is the resulting version of the section in	1264
effect prior to the effective date of the section as presented in	1265
this act.	1266

Section 6. That Sections 265.50.55 and 409.10 of Am. Sub.	1267
H.B. 1 of the 128th General Assembly be amended to read as	1268
follows:	1269

Sec. 265.50.55.  TRANSFER AND ADJUSTMENT OF ARRA STATE FISCAL	1270
STABILIZATION FUND APPROPRIATIONS	1271

(A) The Director of Budget and Management, with the approval	1272
of the Controlling Board, may transfer appropriation between	1273
appropriation items 200550, Foundation Funding, and 200551,	1274
Foundation Funding – Federal Stimulus, in each fiscal year, upon	1275
the written request of the Superintendent of Public Instruction,	1276
to meet the maintenance of effort and use of funds provisions of	1277
the American Recovery and Reinvestment Act, including transferring	1278
appropriation between fiscal year 2010 and fiscal year 2011.	1279

(B) The adjustments under divisions (C), (D), and (E) of this	1280
section shall be made only for the purpose of meeting the use of	1281
funds provision of the American Recovery and Reinvestment Act for	1282
the Department of Education for fiscal years 2010 and 2011 or the	1283
maintenance of effort provisions of the American Recovery and	1284
Reinvestment Act for the Department of Education and the Board of	1285
Regents for fiscal year 2011.	1286

(C) As used in this section:

1287

(1) "Primary funding formula" means the subsidies for primary	1288
and secondary education included in the state's application to the	1289
federal government for state fiscal stabilization funding under	1290
the American Recovery and Reinvestment Act.	1291

(2) "Higher education funding formula" means the subsidies	1292
for higher education included in the state's application to the	1293
federal government for state fiscal stabilization funding under	1294
the American Recovery and Reinvestment Act.	1295

(3) "Allowed percentage" means the lesser of one hundred per	1296
cent or the percentage payments under the higher education funding	1297
formula for fiscal year 2011 are of the payments under the higher	1298
education funding formula for fiscal year 2009.	1299

(D) On or before June 1, 2010, or as soon as possible	1300
thereafter, the Superintendent of Public Instruction shall	1301
determine whether total payments under the primary funding formula	1302
for fiscal year 2010 are less than total payments for fiscal year	1303
2009.	1304

On or before June 1, 2011, or as soon as possible thereafter,	1305
the Chancellor of the Board of Regents shall determine in	1306
consultation with the Director of Budget and Management the	1307
allowed percentage as defined in division (C) of this section that	1308
allows maintenance of effort to be met for the Board of Regents.	1309

(E) If the payments under the primary funding formula for	1310
fiscal year 2010 are less than the payments for fiscal year 2009,	1311
or if the payments under the primary funding formula for fiscal	1312
year 2011 are less than the allowed percentage multiplied by the	1313
total payments for the primary funding formula for fiscal year	1314
2009, then to increase payments for fiscal year 2010 up to but not	1315
greater than payments for fiscal year 2009, or to increase	1316
payments for fiscal year 2011 up to but not greater than the	1317
allowed percentage multiplied by the total payments for the	1318
primary funding formula for fiscal year 2009, then the	1319
Superintendent of Public Instruction may take one or more of the	1320
following actions with approval of the Controlling Board:	1321

(1) The Superintendent of Public Instruction may use	1322
unexpended, unencumbered appropriations in appropriation item	1323
200550, Foundation Funding, or prior year GRF encumbered balances	1324
from the Department of Education's budget that are anticipated to	1325
lapse, in each fiscal year to provide an additional subsidy, on a	1326
per pupil basis, to city, local, or exempted village school	1327
districts, community schools, and STEM schools.	1328

(2) The Superintendent of Public Instruction may use fiscal	1329
year 2011 appropriation in appropriation item 200550, Foundation	1330
Funding, or appropriation item 200551, Foundation Funding -	1331
Federal Stimulus, to provide additional subsidy, on a per pupil	1332
basis, for fiscal year 2010 to city, local, and exempted village	1333
school districts, community schools, and STEM schools and reduce	1334
payments owed under the primary funding formula for fiscal year	1335
2011 by the same amount that each district was paid under the per	1336
pupil subsidy for fiscal year 2010. The action under this division	1337
shall be made only if the per pupil payments made for fiscal year	1338
2010 exactly offset the reductions made to the primary funding	1339
formula for fiscal year 2011 for each city, local, and exempted	1340
village school district, community school, and STEM school.	1341

(3) Upon request of the Superintendent of Public Instruction,	1342
the Director of Budget and Management may authorize expenditures,	1343
not to exceed the amount of canceled GRF encumbrances, in the	1344
Department of Education's budget, in excess of the amounts	1345
appropriated for the primary funding formula. The additional	1346
amounts authorized are hereby appropriated to appropriation item	1347
200550, Foundation Funding.	1348

Sec. 409.10. DVS DEPARTMENT OF VETERANS SERVICES

1349

General Revenue Fund	1350

GRF	900100		Personal Services		$	25,219,282		$	25,219,282		1351
GRF	900200		Maintenance		$	4,427,264		$	4,427,264		1352
GRF	900321		Veterans' Homes Operations		$	29,646,546		$	29,646,546		1353
GRF	900402		Hall of Fame		$	118,750		$	118,750		1354
GRF	900403		Veteran Record Conversion		$	40,631		$	40,631		1355
GRF	900408		Department of Veterans Services		$	2,054,790		$	2,054,790		1356
TOTAL GRF General Revenue Fund					$	31,860,717		$	31,860,717		1357

General Services Fund Group	1358

4840	900603		Veterans Home Veterans' Homes Services		$	770,000		$	850,000		1359
TOTAL GSF General Services Fund Group					$	770,000		$	850,000		1360

Federal Special Revenue Fund Group	1361

3680	900614		Veterans Training		$	745,892		$	745,892		1362
3740	900606		Troops to Teachers		$	100,000		$	100,000		1363
3BX0	900609		Medicare Services		$	2,000,000		$	2,200,000		1364
3L20	900601		Veterans Home Veterans' Homes Operations - Federal		$	16,979,245		$	17,454,046		1365
TOTAL FED Federal Special Revenue											1366
Fund Group					$	19,825,137		$	20,499,938		1367

State Special Revenue Fund Group	1368

4E20	900602		Veterans Home Veterans' Homes Operating		$	9,314,438		$	9,780,751		1369
6040	900604		Veterans Home Veterans' Homes Improvement		$	1,541,020		$	1,700,000		1370
TOTAL SSR State Special Revenue											1371
Fund Group					$	10,855,458		$	11,480,751		1372

TOTAL ALL BUDGET FUND GROUPS

$

63,311,312

$

64,691,406

1373

VETERANS' HOMES OPERATIONS

1374

The foregoing appropriation item 900321, Veterans' Homes	1375
Operations, shall be used by the Department of Veterans Services	1376
to carry out its responsibilities under this section and Chapter	1377
5902. of the Revised Code. On the effective date of this section,	1378
or as soon as possible thereafter, the Director of Budget and	1379
Management may cancel any existing encumbrances against	1380
appropriation item 900100, Personal Services, and 900200,	1381
Maintenance, and may reestablish the encumbrances in appropriation	1382
item 900321, Veterans' Homes Operations. The Director may also	1383
transfer appropriation to reestablish such encumbrances in	1384
different appropriation items within the agency as the Director	1385
determines necessary. The Director may also transfer any	1386
unencumbered or unallotted balances to the appropriate line item	1387
to be used for the same purposes. The reestablished encumbrances	1388
are hereby appropriated.	1389

Section 7. That existing Sections 265.50.55 and 409.10 of Am.	1390
Sub. H.B. 1 of the 128th General Assembly are hereby repealed.	1391

Section 8. The sections of law contained in this act, and the	1392
items of which they are composed, are not subject to the	1393
referendum. Therefore, under Ohio Constitution, Article II,	1394
Section 1d and section 1.471 of the Revised Code, the sections of	1395
law contained in this act, and the items of which they are	1396
composed, go into immediate effect when this act becomes law.	1397