Ohio Code 5903.11 – Veteran priority system to provide maximum employment and training opportunities to veterans
(A) Any federally funded employment and training program administered by any state agency including, but not limited to, the “Workforce Innovation and Opportunity Act,” 29 U.S.C. § 3101 et seq., shall include a veteran priority system to provide maximum employment and training opportunities to veterans and eligible persons within each targeted group as established by federal law and state and federal policy in the service area. Disabled veterans, veterans of the Vietnam era, other veterans, and eligible persons shall receive preference over nonveterans within each targeted group in the provision of employment and training services available through these programs as required by this section.
Terms Used In Ohio Code 5903.11
- Armed forces: means the armed forces of the United States, including the army, navy, air force, marine corps, coast guard, or any reserve components of those forces; the national guard of any state; the commissioned corps of the United States public health service; the merchant marine service during wartime; such other service as may be designated by congress; or the Ohio organized militia when engaged in full-time national guard duty for a period of more than thirty days. See Ohio Code 5903.01
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Merchant marine: includes the United States army transport service and the United States naval transport service. See Ohio Code 5903.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Population: means that shown by the most recent regular federal census. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
- United States: includes all the states. See Ohio Code 1.59
- Veteran: means any person who has completed service in the armed forces, including the national guard of any state, or a reserve component of the armed forces, who has been discharged under honorable conditions from the armed forces or who has been transferred to the reserve with evidence of satisfactory service. See Ohio Code 5903.01
(B) Each state agency shall refer qualified applicants to job openings and training opportunities in programs described in division (A) of this section in the following order of priority:
(1) Special disabled veterans;
(2) Veterans of the Vietnam era;
(3) Disabled veterans;
(4) All other veterans;
(5) Other eligible persons;
(6) Nonveterans.
(C) Each state agency providing employment and training services to veterans and eligible persons under programs described in division (A) of this section shall submit an annual written report to the speaker of the house of representatives and the president of the senate on the services that it provides to veterans and eligible persons. Each such agency shall report separately on all entitlement programs, employment or training programs, and any other programs that it provides to each class of persons described in divisions (B)(1) to (6) of this section. Each such agency shall also report on action taken to ensure compliance with statutory requirements. Compliance and reporting procedures shall be in accordance with the reporting procedures then in effect for all employment and training programs described in division (A) of this section, with the addition of veterans as a separate reporting module.
(D) All state agencies that administer federally funded employment and training programs described in division (A) of this section for veterans and eligible persons shall do all of the following:
(1) Ensure that veterans are treated with courtesy and respect at all state governmental facilities;
(2) Give priority in referral to jobs to qualified veterans and other eligible persons;
(3) Give priority in referral to and enrollment in training programs to qualified veterans and other eligible persons;
(4) Give preferential treatment to special disabled veterans in the provision of all needed state services;
(5) Provide information and effective referral assistance to veterans and other eligible persons regarding needed benefits and services that may be obtained through other agencies.
(E) As used in this section:
(1) “Special disabled veteran” means a veteran who is entitled to, or who but for the receipt of military pay would be entitled to, compensation under any law administered by the department of veterans affairs for a disability rated at thirty per cent or more or a person who was discharged or released from active duty because of a service-connected disability.
(2) “Veteran of the Vietnam era” means an eligible veteran who served on active duty for a period of more than one hundred eighty days, any part of which occurred from August 5, 1964, through May 7, 1975, and was discharged or released therefrom with other than a dishonorable discharge or a person who was discharged or released from active duty for a service-connected disability if any part of the active duty was performed from August 5, 1964, through May 7, 1975.
(3) “Disabled veteran” means a veteran who is entitled to, or who but for the receipt of military retirement pay would be entitled to compensation, under any law administered by the department of veterans affairs and who is not a special disabled veteran.
(4) “Eligible veteran” means a person who served on active duty for more than one hundred eighty days and was discharged or released from active duty with other than a dishonorable discharge or a person who was discharged or released from active duty because of a service-connected disability.
(5) “Other eligible person” means one of the following:
(a) The spouse of any person who died of a service-connected disability;
(b) The spouse of any member of the armed forces serving on active duty who at the time of the spouse’s application for assistance under any program described in division (A) of this section is listed pursuant to the “Act of September 6, 1966,” 80 Stat. 629, 37 U.S.C.A. 556, and the regulations issued pursuant thereto, as having been in one or more of the following categories for a total of ninety or more days:
(i) Missing in action;
(ii) Captured in line of duty by a hostile force;
(iii) Forcibly detained or interned in line of duty by a foreign government or power.
(c) The spouse of any person who has a total disability permanent in nature resulting from a service-connected disability or the spouse of a veteran who died while such a disability was in existence.
(6) “Veteran” means a veteran as defined in section 5903.01 of the Revised Code who was a member of the armed forces of the United States for a period of one hundred eighty days or more; a person who was discharged or released from active duty because of a service-connected disability; or a person who served as a member of the United States merchant marine and to whom either of the following applies:
(a) The person has an honorable report of separation from active duty military service, form DD214 or DD215; or
(b) The person served in the United States merchant marine between December 7, 1941, and December 31, 1946, and died on active duty while serving in a war zone during that period of service.
(7) “Employment program” means a program which provides referral of individuals to employer job openings in the federal, state, or private sector.
(8) “Training program” means any program that upgrades the employability of qualified applicants.
(9) “Entitlement program” means any program that enlists specific criteria in determining eligibility, including but not limited to the existence in special segments of the general population of specific financial needs.
(10) “Targeted group” means a group of persons designated by federal law or regulations or by state law to receive special assistance under an employment and training program described in division (A) of this section.