O
hio Legislative Service Commission
122nd Senate Bill Analysis
S.B. 130
122nd General Assembly
(As Introduced)


Repeals existing law regarding the reemployment of public employees after military service, and requires that the reinstatement and reemployment rights of employees in the uniformed services conform to the federal Uniformed Services Employment and Reemployment Rights Act of 1994.
Exempts the military pay and allowances of members of the reserve units of the armed forces of the United States and the Ohio National Guard from municipal corporation income tax.
Excludes members of the Ohio organized militia while training or performing duty under the Ohio National Guard Law from coverage under the Public Employees Collective Bargaining Law.
Exempts members and uniformed employees of the armed forces of the United States, members of the reserve components of the armed forces of the United States, and members of the Ohio National Guard, except United States reserve technicians, from the Commercial Driver's Licensing Law when operating a vehicle owned by the Department of Defense.
Places in the unclassified civil service all commissioned, warrant, and noncommissioned officers and enlisted persons in the Ohio organized militia, including military appointees in the Adjutant General's Department.
Exempts executive agencies of the United States from the required reporting of newly hired, rehired, or returning to work employees, to the Department of Human Services for child support and fraud detection purposes under section 5101.312 of the Revised Code.
Provides that a reservist called or ordered to active duty for less than 31 days must not be required to pay more than the employee's share for the continuation of the employee's group health or medical care coverage.
Repeals the exemption from jury duty and serving on a posse comitatus for active duty members of the Ohio Military Reserve and the Ohio Naval Militia.
Exempts the Adjutant General's Department from the filing and other requirements of section 111.15 of the Revised Code with respect to rules adopted by the Department.
Repeals the Military Census Law.
Modifies the Adjutant General Law.
Modifies the Ohio National Guard Law.
Modifies the Organized Militia Law.

CONTENT AND OPERATION

Rulemaking, adoption, and filing requirements

(sec. 111.15)

R.C. 111.15 states in pertinent part:

Under current law, section 111.15 of the Revised Code does not apply to the General Assembly or any court. The bill provides that section 111.15 of the Revised Code does not apply to the Adjutant General's Department (sec. 111.15(A)(2)).

The bill also exempts the Adjutant General's office from rulemaking procedures in the Administrative Procedure Act (sec. 5919.04).

Municipal income tax

(sec. 718.01)

Under current law, no municipal corporation may tax, for income tax purposes, the military pay or allowances of members of the armed forces of the United States. The bill expands that prohibition to additionally prohibit a municipal corporation from taxing the military pay and allowances of the members of the reserve components of the armed forces of the United States, including the Ohio National Guard (sec. 718.01(F)(1)).

Commercial drivers licensing law

(sec. 4506.02)

Under existing law, Chapter 4506. of the Revised Code governs the issuance and regulation of commercial driver's licenses. The chapter does not apply to any person when engaged in the operation of (1) a farm truck, (2) fire equipment for a fire department, volunteer or nonvolunteer fire company, fire district, or joint fire district, (3) a public safety vehicle used to provide transportation or emergency medical service for ill or injured persons, (4) a recreational vehicle, or (5) a commercial motor vehicle within the boundaries of an eligible unit of local government, if the person is employed by the eligible unit of local government and is operating the commercial motor vehicle for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting, but only if either the employee who holds a commercial driver's license issued under Chapter 4506. and ordinarily operates a commercial motor vehicle for these purposes is unable to operate the vehicle, or the employing eligible unit of local government determines that a snow or ice emergency exists that requires additional assistance.

The bill adds an exemption for a vehicle owned by the Department of Defense and operated by any member or uniformed employee of the armed forces of the United States or their reserve components, including the Ohio National Guard. This exception does not apply to United States reserve technicians. (Sec. 4506.02(A)(6).)

Human Services information reporting

(sec. 5101.312)

Under existing law, specified employers must report in writing to the Department of Human Services the hiring, rehiring, or return to work as an employee of a person who resides, works, or will be assigned to work in this state to whom the employer anticipates paying compensation. The Department must use the reports to locate obligors under child support orders being administered by child support enforcement agencies in this state and to detect fraud in any program administered by the Department. The Department may submit to the Bureau of Workers' Compensation or the Bureau of Employment Services a copy of any report it receives from an employer. The Department must require an employer who fails to make a report to pay a fee of $25 for each failure.

The bill exempts an executive agency of the United States from this law by excepting them from the definition of employer in R.C. 5101.312(A)(2).

Personnel changes relating to current and former members of the military

Current law places in the unclassified civil service all commissioned and noncommissioned officers and enlisted persons in the military service of the state, including military appointees in the office of the Adjutant General. The bill revises this provision to place in the unclassified civil service all commissioned, warrant, and noncommissioned persons in the Ohio organized militia, including military appointees in the Adjutant General's Department. (Sec. 124.11(A)(6).) Existing law excludes from coverage under the Public Employees Collective Bargaining Law persons who are members of the organized militia, while on active duty. The bill revises this provision to exclude from this coverage members of the Ohio organized militia while training or performing duty under the Ohio National Guard Law. (Sec. 4117.01(C)(4).)

Existing law provides for the continuation of employee group health care coverage when reservists are called or ordered to active duty. The bill provides that a reservist called or ordered to active duty for less than 31 days must not be required to pay more than the employee share, if any, for the coverage. (Secs. 1737.301(D)(2)(b), 1738.261(D)(2)(b), 1742.341(D)(2)(b), 3923.381(C)(2)(b), and 3923.382(C)(2)(b).)

Present law provides for the restoration of the civil service status of classified public employees and the reemployment of public employees after such employees have completed their military service. The bill replaces these provisions of current law with a provision that states that the determination of reinstatement and reemployment rights of permanent public employees and permanent private employees in the uniformed services must be made in accordance with the federal "Uniformed Services Employment and Reemployment Rights Act of 1994." It also states that a person who enters the uniformed services at the time of holding an office or position in the public service is entitled to reinstatement in accordance with that Act. The bill requires the Director of Administrative Services to adopt rules for the implementation of these provisions. The bill defines "uniformed services" to mean the armed forces; the Ohio organized militia when engaged in active duty for training, inactive duty training, or full-time National Guard duty; the commissioned corps of the Public Health Service; and any other category of persons designated by the President of the United States in time of war or emergency. It defines "private employer" as any person, institution, organization, or other entity that is not a public employer and that pays salary or wages for work performed or that has control over employment opportunities and "permanent private employee" as any person holding a position with a private employer. It also defines "service in the uniformed services" as the performance of duty, on a voluntary or involuntary basis, in a uniformed service under competent authority, including active duty, active duty for training, inactive duty for training, full-time National Guard duty, and performance of duty or training by a member of the Ohio Organized Militia. "Service in the uniformed services" includes also the period of time for which a person is absent from a position of public or private employment for the purpose of an examination to determine the fitness of the person to perform any duty described in the definition. (Secs. 124.28 (repealed), 124.29, 3319.13, 3319.14, 5903.01, 5903.02 (repealed and reenacted), 5903.03 to 5903.05 (repealed), 5903.09 (repealed), and 5903.99 (repealed).)

Posse comitatus and jury duty

(secs. 5920.09 and 5920.10)

Under current law, whenever the Ohio Military Reserve or any part thereof is ordered out for active service by the Governor, the Ohio Code of Military Justice is in full force in respect to those forces. Every officer and enlisted man of those forces is, during his service therein, exempt from service upon any posse comitatus and from jury duty. The bill eliminates the exemption from service upon any posse comitatus and from jury duty for officers and enlisted men of the Ohio Military Reserve when ordered out for active service by the Governor. (Sec. 5920.10.)

Under current law, the Ohio Naval Militia is organized, governed, drilled, and instructed in accordance with the regulations and customs provided for the navy of the United States, and Chapter 5924. of the Revised Code, together with the orders of the Governor. Every commissioned officer, warrant officer, and enlisted member, when ordered out for active service by the Governor, must during his service therein, be exempt from service upon any posse comitatus and from jury duty. The bill eliminates the exemption from service upon any posse comitatus and from jury duty for commissioned officers, warrant officers, and enlisted members of the Ohio Naval Militia when called out for active service by the Governor. (Sec. 5921.09.)

Adjutant General Law

(secs. 5913.08, 5913.10, and 5913.17)

Receipt of gifts

(sec. 5911.03)

Existing law states that the Adjutant General may receive gifts of land, money, or other property for the purpose of aiding in the acquisition of grounds and airfields, or the purchase, building, furnishing, or maintaining of an armory, building, or other facility for military purposes. All lands so acquired must be deeded to the state, and all property so received from any source must become the property of the state. The bill limits the requirement that all property so received become property of the state and that all lands so received be deeded to the state by stating that such is the case, except as may be provided in an agreement by which the United States contributes to the cost of acquiring, designing, or constructing the grounds, armory, airfield, or other facility used for developing, training, and operating units of the National Guard. In the grant of authority to the Adjutant General to receive gifts for an armory, building, or other facility, the bill replaces "building" with "airfield." (Sec. 5911.03.)

Sale of alcohol

(sec. 5911.08)

Under current law, the sale of intoxicating liquor in an armory, building, airfield, or other facility used for training and for the safekeeping of arms, clothing, equipment, and other military property belonging to the Ohio National Guard, the Ohio Military Reserve, or the Ohio Naval Militia is prohibited, and any person guilty of violating the prohibition must be punished as a court-martial directs. The bill prohibits the sale of beer or intoxicating liquor in such places, except as allowed under a permit issued under the Liquor Permit Law, and requires that violators of the prohibition be subject to punishment under the Liquor Permit Law instead of as a court-martial directs. (Sec. 5911.08.)

Duties of the Adjutant General

(sec. 5913.01)

Under current law, the Adjutant General is chief of staff to the commander in chief and administrative head of the organized militia. Under the bill the Adjutant General is the commander in chief and administrative head of the organized militia. (Sec. 5913.01(A).)

Under current law, the duties of the Adjutant General include having custody of all military records, correspondence, and other military documents; superintending the preparation of all returns and reports required by the United States from the state on military matters; and keeping a roster of all officers of the military forces of the state, including retired officers. He must, whenever necessary, cause the military code, orders, circulars, and memorandums of the Adjutant General's Department to be printed and distributed to the commissioned officers and organizations of the organized militia. He must prepare and issue all necessary books, blanks, and notices. He must attest all commissions issued to military officers. He must have a seal, and all copies of orders, records, and papers in his office certified and authenticated under the seal are evidence in like manner as if the originals were produced. All orders issued from his office must be authenticated with the seal. He must keep and preserve the arms, ordnance, equipment, and all other military property belonging to the state or issued to the state by the federal government, and he must make and issue such regulations as are necessary to keep, preserve, and repair such property as in his opinion conditions demand. He must issue the military property to the units of the Organized Militia as the necessity of the service requires. He must submit an annual report to the Governor at such time as the Governor requires of the transaction of his department, setting forth the strength and condition of the Organized Militia and other matters as he deems important. He must issue and distribute all orders of the commander in chief and perform the duties as the commander in chief directs and the duties as are prescribed by law.

The bill makes technical changes to the language of the provisions described in the prior paragraph by replacing all reference to military or militia with "Ohio Organized Militia," replace "military code" with "military provisions of the Revised Code," and making other similar changes. Under the bill, in addition to assuming the duties of the commander in chief of the Ohio Organized Militia, the Adjutant General commands the state area command of the Ohio National Guard and may enter into cooperative agreements, contractual arrangements, or agreements for the acceptance of grants with the United States or any agency or department of the United States, other states, any department or political subdivision of this state, or any person or body politic, to accomplish the purposes of the Adjutant General's Department. The Adjutant General must cooperate with, and not infringe upon, the rights of other state departments, divisions, boards, commissions, and agencies, political subdivisions, and other public officials and public and private agencies when the interests of the Adjutant General's Department and those other entities overlap.

The funds made available by the United States for the exclusive use of the Department must be expended only by the Department and only for the purposes for which the federal funds were appropriated. In accepting federal funds, the Department agrees to abide by the terms and conditions of the grant or cooperative agreement and further agrees to expend the federal funds in accordance with the laws and regulations of the United States. (Sec. 5913.01(A)(11) and (C).)

Requirements for military staff of the Governor; rank of military officials

(secs. 5913.02 and 5913.021)

Under current law, the military staff of the Governor consists of an Adjutant General of the grade of major general with the duties of quartermaster general; an Assistant Adjutant General for Army of the grade of brigadier general; an Assistant Adjutant General for Air of the grade of brigadier general; and an Assistant Quartermaster General of the grade of colonel; all of whom are appointed by the Governor and hold office during his pleasure. The Governor's military staff also must include four aides-de-camp, who are appointed by the Governor and hold office during his pleasure. Existing law mandates that the military staff of the Governor consist of the above-listed officers. The bill removes the mandatory nature of the Governor's military staff by stating that the Governor's military staff may consist of the listed officers. It also alters the requisite rank of the members of the Governor's military staff as follows: (1) an Adjutant General in the grade of major general, who must perform the duties of quartermaster general, (2) an Assistant Adjutant General for Army in the grade of major general, (3) an Assistant Adjutant General for Air in the grade of major general, and (4) an Assistant Quartermaster General in the grade of colonel or any retired officer who has appropriate qualifications for the position, as determined by the Adjutant General and the Governor. All above named persons are appointed by the Governor and hold office during the Governor's pleasure. (Sec. 5913.02.)

Under existing law, the Adjutant General at the time of the General's appointment must be a federally recognized officer of the Ohio National Guard of the grade of colonel or above, the Assistant Adjutant General for Army at the time of appointment must be a federally recognized officer of the Ohio Army National Guard of the grade of lieutenant colonel or above, the Assistant Adjutant General for Air at the time of appointment must be a federally recognized rated officer of the Ohio Air National Guard of the grade of lieutenant colonel or above, and the Assistant Quartermaster General at the time of appointment must be a federally recognized officer of the Ohio National Guard of the grade of major or above. The Adjutant General, the Assistant Adjutant General for Army, the Assistant Adjutant General for Air, and the Assistant Quartermaster General at the time of appointment must each have not less than ten years' commissioned service in the armed forces of the United States, not less than five years of that service being in the Ohio National Guard, and must at all times during their tenure of office be federally recognized officers of the Ohio National Guard.

The bill alters the required rank of the Adjutant General's personnel as follows: the Assistant Adjutant General for Army at the time of appointment must be a federally recognized officer of the Ohio Army National Guard of the grade of colonel or above, the Assistant Adjutant General for Air at the time of appointment must be a federally recognized rated officer of the Ohio Air National Guard of the grade of colonel or above, and the Assistant Quartermaster General at the time of appointment must be a federally recognized officer of the Ohio National Guard of the grade of lieutenant colonel or above, or any retired officer who has appropriate qualifications for the position, as determined by the Adjutant General and the Governor. (Sec. 5913.021.)

Retirement

(sec. 5913.07)

Under existing law, any person who has served as a member of the organized militia of Ohio or of the armed forces of the United States, or both, for a period of three years, one year of which has been served as a commissioned officer of the Ohio State Guard, the Ohio State Naval Militia, or the Ohio Military Reserve, at his own request and upon approval of the Adjutant General, may be placed upon the reserve list, which shall be kept in the office of the Adjutant General. Those officers may not receive compensation for their services except as provided in section 5913.07 of the Revised Code, but are permitted on all occasions of ceremony to wear the uniform of their rank. The commander in chief of the state militia may assign or detail the officers to duty and when so assigned or detailed, they must receive the same pay and allowances as officers on the active list of the organized militia assigned, detailed, or employed under similar conditions.

The bill modifies this provision to provide that any person who has served as a member of the Ohio Organized Militia or of the armed forces of the United States, or both, for a period of 20 years, eight years of which have been served as a commissioned officer of the Ohio Organized Militia, at the person's request and upon approval of the Adjutant General, may be placed upon the retired list, which must be kept in the office of the Adjutant General. Retired officers may not receive compensation from the state for their services except as provided below, but may on all occasions of ceremony wear the uniform of their rank. The Adjutant General may assign or detail retired officers upon duty and when so assigned or detailed, they must receive the same pay and allowances as officers on the active list of the element of the Ohio Organized Militia assigned, detailed, or employed under the same conditions. (Sec. 5913.07.)

Adjutant General's authority as director of state armories; conferral of additional powers

(secs. 5911.011, 5913.051, and 5913.09)

It modifies the Adjutant General's authority as director of state armories to specify that the Adjutant General, as director of state armories, may acquire, design, construct, expand, rehabilitate, and convert grounds, armories, airfields, and other facilities for the purposes of developing, training, and operating units of the Ohio National Guard and for the safekeeping of arms, clothing, equipment, and other state or federal military property issued to the Ohio National Guard or state property issued to the Ohio Military Reserve or the Ohio Naval Militia. In acquiring grounds, armories, airfields, and other facilities, the Adjutant General may lease property for any term up to 99 years, subject to the availability of state funds or federal funds obtained under an agreement by which the United States contributes to the cost of leasing the grounds, armory, airfield, or other facility or the Adjutant General may build suitable buildings, airfields, and facilities for those purposes. (Sec. 5911.011.)

The bill makes permissive the existing requirement that the Adjutant General appoint an assistant to the state area commander for readiness and training for army (sec. 5913.051).

The bill specifically authorizes the Adjutant General, in accordance with applicable state and federal law and regulations and with the approval of the Attorney General, to enter into contracts for the construction, repair, renovation, maintenance, and operation of military or other Adjutant General's Department property. It also authorizes the Adjutant General, in accordance with applicable state and federal law and regulations and with the approval of the Governor to lease or exchange all or part of any military or other Adjutant General's Department property and to grant easements or licenses, if the lease, exchange, easement, or license is advantageous to the state. It requires that all property of the Adjutant General's Department be sold in accordance with specified statutory procedures or in accordance with an act of the General Assembly. (Sec. 5913.09(C)(2), (3), and (4).)

Miscellaneous provisions

(secs. 5911.04, 5913.03, 5913.04, 5913.05, 5913.06, 5913.08, 5913.10, and 5913.17)

The bill contains numerous changes to clarify and gender neutralize the Adjutant General's law.

Military Census Law

(Chapter 5917.)

The bill repeals current law authorizing the Governor to order and direct the Adjutant General to take a military census of this state at any time.

Ohio National Guard Law

Regulation and publications governing the appointment of officers

(sec. 5919.04)

Under current law, the Governor may issue such regulations governing the appointment of officers in the Ohio National Guard and such other matters pertaining to the Ohio National Guard as are necessary to conform to the requirements made by Congress for participation in federal appropriations for the National Guard. The bill allows the Adjutant General to issue the regulations and also to issue other publications governing the appointment of officers in the Ohio National Guard and all other matters as necessary to conform to the requirements made or authorized by Congress for participation in federal appropriations for the National Guard. In issuing the regulations and other publications, the Adjutant General need not comply with Chapter 111. or 119. (Administrative Procedure Act) of the Revised Code. (Sec. 5919.04.)

Moral fitness

(sec. 5919.14)

Under current law, at any time the moral character, capacity, and general fitness for service, of any Ohio National Guard officer may be determined by an efficiency board of three commissioned officers, appointed by the Governor, who shall be senior in rank, if practicable, to the officer whose fitness for service is under investigation, and if the finding of the board is unfavorable to the officer and is approved by the Governor, he must be discharged. Under the bill, at any time the moral character, capacity, and general fitness for service of any Ohio National Guard officer may be determined by a board of officers, that must be convened and proceed according to publications of the Army or Air Force and the National Guard Bureau. The board of officers convened pursuant to this section is not a public body subject to the Open Meetings Law. (Sec. 5919.14.)

Miscellaneous provisions

(secs. 5919.01, 5919.02, 5919.071, 5919.09, 5919.12, 5919.13, 5919.15, 5919.16, 5919.17, 5919.22, 5919.25, 5919.28, 5919.29, 5919.30, 5919.32, 5919.33, and 5919.35)

The bill rewrites the portions of the Ohio National Guard Law to clarify its application and, where appropriate, conform it to applicable federal law.

Organized militia law

Membership requirements

(sec. 5923.01)

Under existing law, the militia of the state consists of all able-bodied citizens of the state, who are more than 17 years of age, and not more than 67 years of age except for the exemptions provided for in section 5923.03 of the Revised Code. The militia is divided into four classes: the Ohio National Guard, the Ohio Naval Militia, the Ohio Military Reserve, and the unorganized militia. The Ohio National Guard, the Ohio Naval Militia, and the Ohio Military Reserve are known collectively as the organized militia. "Military forces" under current organized militia law includes the Ohio National Guard, the Ohio Naval Militia, the Ohio Military Reserve, and the unorganized militia. "National Defense Act," under current organized militia law means an act of Congress, entitled "An act for making further and more effectual provision for the national defense and for other purposes," approved by the President, June 3, 1916, and all acts amendatory thereof and supplementary thereto. Existing organized militia law provides that no troops shall be maintained in time of peace other than as authorized and prescribed under the "National Defense Act." The limitation does not affect the right of the state to the use of the militia within its borders in time of peace as prescribed in the military laws of this state. This restriction does not prevent the organization and maintenance of police. (Sec. 5923.01.)

The bill modifies the provisions of existing section 5923.01, as discussed in the prior paragraph, to specify that the Ohio organized militia consists of all citizens of the state who are not permanently handicapped, as handicapped is defined in section 4112.01 of the Revised Code, who are more than 17 years, and not more than 67 years, of age unless exempted under section 5923.02 and who are members of the Ohio National Guard, the Ohio Naval Militia, or the Ohio Military Reserve. In addition, under the bill, the Ohio National Guard, including both the Ohio Air National Guard and the Ohio Army National Guard, the Ohio Naval Militia, and the Ohio Military Reserve are known collectively as the Ohio Organized Militia, and the Ohio Naval Militia and the Ohio Military Reserve are known collectively as the State Defense Forces.

The bill modifies the restrictions on maintaining troops in time of peace so that they may be maintained only as authorized and prescribed under the "Act of August 10, 1956," 70A Stat. 596, 32 U.S.C.A. 101 to 716. As under existing law, this limitation does not affect the right of the state to the use of its organized militia within its borders in time of peace as prescribed by the laws of this state. This section does not prevent the organization and maintenance of police. (Sec. 5923.01.)

Exemptions from duty

(sec. 5923.02)

Under current law, the officers, judicial and executive, of the departments of the state and of the United States, and the members of the General Assembly, without regard to age, are exempt from duty in the Ohio Militia, and all persons who because of religious belief claim exemption from military service, when the conscientious holding of such belief by such person is established under such regulations as the Governor prescribes, are exempted from military service in a combatant capacity; but no person exempted shall be exempt from military service in any capacity that the Governor declares to be noncombatant. (Sec. 5923.02.)

The bill modifies the provisions described in the prior paragraph to specify that the following persons, if subject to duty in the Ohio Organized Militia, may be exempted by the Adjutant General from duty on request (sec. 5923.02(A)): (1) the Vice-President of the United States, (2) the officers, judicial and executive, of the departments of the state and of the United States, and the members of the General Assembly, without regard to age, (3) members of the armed forces of the United States or their reserve components, (4) customhouse clerks, (5) employees of the United States Postal Service, (6) workers employed in armories, arsenals, or naval shipyards of the United States, (7) pilots on the navigable waters of the United States, and (8) mariners licensed by the United States. It further specifies that any person because of religious belief or other moral conviction held as a matter of conscience may claim exemption from Ohio organized militia service. (Sec. 5923.02.)

Miscellaneous provisions

(secs. 5923.03, 5923.05, 5923.09, 5923.10, 5923.21, and 5923.28)

Under current law, permanent public employees, as defined in section 5903.01 of the Revised Code, who are members of the Ohio National Guard, the Ohio Military Reserve, the Ohio Naval Militia, or members of other reserve components of the armed forces of the United States are entitled to leave of absence from their respective duties without loss of pay for the time that they are performing military duty for periods not to exceed 22 eight-hour work days or 176 hours in any one calendar year for each calendar year in which military duty is performed.

Under the bill, permanent public employees are entitled to such leave if they are Ohio Organized Militia, or members of other reserve components of the United State Armed Forces, including the Ohio National Guard. It also replaces "military duty" with "service in the uniformed services." (Sec. 5923.05.)

Under existing law, each enlisted man and each commissioned officer of the Ohio Military Reserve must be paid at rates to be prescribed from time to time by the Governor as commander in chief but not exceeding one-thirtieth of the monthly base pay of his grade, as is provided for enlisted men or commissioned officers of the armed forces of the United States, for each authorized regular drill attended, to be paid quarterly. Under the bill, each enlisted member and each commissioned and warrant officer of the Ohio Military Reserve or Ohio Naval Militia, if funds are appropriated for this purpose by the General Assembly, may be paid at rates to be prescribed by the Adjutant General but not exceeding one-thirtieth of the monthly base pay of the member's or officer's grade, as is provided for enlisted members or commissioned or warrant officers of the United States Armed Forces under the Department of Defense pay manual, for each authorized drill attended, to be paid monthly. (Sec. 5923.09.)

Under existing law, if any enlisted man in the Ohio National Guard, Ohio Naval Militia, or the Ohio Military Reserve willfully, maliciously, purposely, or through carelessness or neglect, permits any of the arms, equipment, or other property issued to him belonging to the state or the United States, to become lost, damaged, or destroyed, the commanding officer of his company, troop, battery, detachment, or other organization must charge the value of the same against any pay due him under such rules applicable thereto as prescribed by the Department of Defense or the Governor. All allowances and pay provided for officers and enlisted men must be applied to the payment of any shortage of or injury to state or United States property or funds for which such officers or enlisted men are responsible or accountable. The bill modifies these provisions by replacing "enlisted man" with "enlisted member," replacing "Ohio National Guard, Ohio Naval Militia, or the Ohio Military Reserve" with "Ohio Organized Militia," and authorizing the Adjutant General instead of the Governor to prescribe rules for charging the member with the value of the property. It also specifies that all property of the United States issued to a unit or member of the Ohio National Guard must be accounted and recouped for as provided by regulations of the Army or Air Force and National Guard Bureau, as supplemented by the Adjutant General. (Sec. 5923.10.)

Under existing law, the organized militia may be called by the Governor by proclamation to aid the civil authorities to do any of the following: (1) execute the laws of this state, (2) suppress insurrection, (3) repel invasion, (4) act in the event of a disaster within the state, and (5) promote the health, safety, and welfare of the citizens of this state. In all cases, the organized militia must be called to state active duty before the unorganized militia. The governor's proclamation must specify the statutory basis of the call. The bill eliminates the requirement that the organized militia be called to state active duty before the unorganized militia. (Sec. 5923.21.)

The bill specifies that the Ohio National Guard consists of the members of the Ohio Organized Militia who are enlisted, commissioned, or warranted in the Ohio National Guard, all as prescribed by publications of the Department of the Army or Air Force and the National Guard Bureau for the National Guard as prescribed under the Ohio National Guard Law. It further specifies that the Ohio Military Reserve consists of the members of the Ohio Organized Militia who are enlisted, commissioned, or warranted in the Ohio Military Reserve under applicable Ohio law. The Ohio Naval Militia consists of members of the Ohio Organized Militia who are enlisted, commissioned, or warranted under applicable Ohio law. (Sec. 5923.03.)

Under current law, the military laws of this state must conform to all laws and regulations of the United States affecting the same subject and anything to the contrary is void so long as the subject matter has been acted on by the United States. All matters relating to the organization, discipline, and government of the military forces, not otherwise provided by the laws of this state or the rules and regulations promulgated thereunder, must be decided by the custom, regulations, and usage of the armed forces of the United States. The bill modifies this provision by making technical changes in language, replacing the reference to subject matter acted on by the "U.S." with subject matter acted on by the "Army, Air Force, or National Guard Bureau," and replacing a reference to "military forces" with a reference to "state defense forces." (Sec. 5923.28.)

HISTORY

ACTION DATE JOURNAL ENTRY

Introduced 05-29-97 pp. 533-534



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