Task Force Aims at Improved Services for GWOT Veterans Nicholson - Vets "Shouldn't Fight For Benefits Earned" WASHINGTON
(April 24, 2007) - Military personnel returning from Iraq and Afghanistan can look forward to more timely receipt of benefits,
better information and more streamlined processes, thanks to streamlined federal procedures announced today by Secretary of
Veterans Affairs Jim Nicholson, who chaired a presidential task force.
"The federal government must be responsive
and efficient in delivering our benefits and services to these heroes," Nicholson said during a speech to the National Press
Club. "They should not have to fight bureaucratic red tape for benefits earned by their courageous service."
On March 6, President Bush appointed Nicholson to lead the Interagency Task Force on Returning Global War on Terror Heroes,
which reviewed federal benefits and processes for changes that could quickly improve veterans' access to services and programs. Nicholson
went to the White House April 23 to personally brief President Bush about the task force's recommendations. The Task
Force brought together top officials from the departments of Defense, Veterans Affairs, Labor, Health and Human Services,
Housing and Urban Development, and Education, as well as the Office of Management and Budget, the Small Business Administration
and Office of Personnel Management. The task force focused on improvements that could be made within the authority
of the individual departments or agencies, using existing resources. The panel specifically targeted health care, benefits,
employment, education, housing and outreach activities. The report includes 25 recommendations to improve delivery
of federal services to returning military men and women. The government-wide action plan contains steps for individual department
and agency activities and incorporates cooperative interaction among those providing complimentary services. Recommendations
focus on increasing awareness of available benefits among service members and their families and improving the process for
receiving them. Eighteen recommendations will involve collaborative efforts among several federal agencies to improve the
timeliness, ease of application, and delivery of services and benefits. The task force report is available on VA's
Website at: www.va.gov.
Subject: US Representative Sam Johnson Speech
To
Our Troops We Must Remain Always Faithful
By Rep. Sam Johnson
February 16, 2007
(You
know, I flew 62 combat missions in the Korean War and 25 missions in the Vietnam War before being shot down.
I had the privilege of serving in the United States Air Force for 29 years, attending the prestigious National War College,
and commanding two air bases, among other things.
I mention these stories because I view the debate on the floor not just as a U.S. Congressman
elected to serve the good people of the Third District in Texas, but also through the lens of a life-long fighter pilot, student
of war, a combat warrior, a leader of men, and a Prisoner of War.
Ironically, this week marks the anniversary that I started a new life - and my freedom
from prison in Hanoi. I
spent nearly seven years as a Prisoner of War in Vietnam,
more than half of that time in solitary confinement. I flew out of Hanoi
on February 12, 1973 with other long-held Prisoners of War - weighing just 140 pounds. And tomorrow - 34 years ago,
I had my homecoming to Texas - a truly unspeakable blessing
of freedom.
While in solitary confinement, my captors kept me in leg stocks, like the pilgrims...
for 72 days.... As you can imagine, they had to carry me out of the stocks because
I couldn't walk. The following day, they put me in leg irons... for 2 years. That's when you have a tight
metal cuff around each ankle - with a foot-long bar connecting the legs. I still
have little feeling in my right arm and my right hand... and my body has never been the same since my nearly 2,500 days of
captivity. But I will never let my physical wounds hold me back. Instead,
I try to see the silver lining.
I say that because in some way ... I'm living a dream...a hope I had for the future.
"From April 16, 1966 to February 12, 1973 - I prayed that I would return home to the loving embrace of my wife, Shirley, and
my three kids, Bob, Gini, and Beverly... And
my fellow POWs and I clung to the hope of when - not if - we returned home. We would
spend hours tapping on the adjoining cement walls about what we would do when we got home to America. We pledged to quit griping about
the way the government was running the war in Vietnam
and do something about it... We decided that we would run for office and try to make America a better place for all.
So - little did I know back in my rat-infested 3 x 8 dark and filthy cell that 34 years
after my departure from Hell on Earth... I would spend the anniversary of my release pleading for a House panel to back my
measure to support and fully fund the troops in harm's way....and that just days later I would be on the floor of the U.S. House of Representatives surrounded by distinguished
veterans urging Congress to support our troops to the hilt.
We POWs were still in Vietnam when
Washington cut the funding for Vietnam.
I know what it does to morale and mission success. Words cannot fully describe the horrendous damage of the anti-American
efforts against the war back home to the guys on the ground. Our captors would blare nasty
recordings over the loud speaker of Americans protesting back home...tales of Americans spitting on Vietnam veterans when they came home... and worse. We
must never, ever let that happen again.
The pain inflicted by your country's indifference is tenfold that inflicted by your
ruthless captors. Our troops - and their families - want, need and deserve the full support
of the country - and the Congress. Moms and dads watching the news need to know that the Congress will not leave their
sons and daughters in harm's way without support.
Since the President announced his new plan for Iraq last month, there has been steady progress. He changed the rules
of engagement and removed political protections. There are reports we wounded the number
two of Al Qaeda and killed his deputy. Yes, Al Qaeda operates in Iraq.
It's alleged that top radical jihadist Al-Sadr has fled Iraq - maybe to
Iran. And Iraq's
closed its borders with Iran and Syria. The President changed course and offered a new plan ...we are making
progress. We must seize the opportunity to move forward, not stifle future success.
Debating non-binding resolutions aimed at earning political points only destroys morale,
stymies success, and emboldens the enemy.
The grim reality is that this House measure is the first step to cutting funding of
the troops... Just ask John Murtha about his 'slow-bleed' plan that hamstrings our troops in harm's way.
Now it's time to stand up for my friends who did not make it home - and those who fought
and died in Iraq - so I can keep my promise that when we got home we would quit griping about the war and do something positive
about it...and we must not allow this Congress to leave these troops like the Congress left us.
Today, let my body serve as a brutal reminder that we must not repeat the mistakes
of the past... instead learn from them. We must not cut funding for our troops.
We must stick by them. We must support them all the way... To our troops we must remain...always faithful.
God bless you and I salute you all. Thank you.
CONGRATS TO SMSGT RALPH FEKETE!! - CHECK OUT THE PIC OF HIS SON PERFORMING HIS RETIREMENT CEREMONY!
RALPH'S RETIREMENT FLAG FLEW OVER THE CAPITOL AND THE YOUNGSTOWN OHIO AIRBASE!
FROM MILITARY.COM:
THROUGHOUT AMERICAN HISTORY our military has provided for the national defense and preserved
our way of life. The American military is not a faceless body but a collection of individuals — patriots united by a
legacy of selfless service and sacrifice. America's veterans know the cost of freedom and have never looked to others to pay
that price.
THAT SPIRIT POWERS this rallying cry to veterans. Now is the time to find your brothers
and sisters, those who also once bore the nation's burden. Look not solely to government agencies but to each other, as well.
As ten percent of the American population, you have the ability to inform, to employ, to mentor, to heal — to change
the lives of other veterans.
Rights associated with a veteran's standing are manifest in the following articles:
Article I
The Right to Understand BenefitsVeterans have the right to comprehensive and accurate information
about pay, benefits, and health care that is easily understood. This right is assured regardless of what organization is providing
the benefits — federal, state, or local.
Article II
The Right to Use BenefitsVeterans have the right of ready access to all of the benefits for which
they are entitled. Veterans with physical or mental disabilities or those who simply don't understand "the red tape" surrounding
benefits must be provided assistance that will allow them ready access.
Article III
The Right to a Good JobVeterans have the right to jobs commensurate with the skills and experiences
gained in the military. Veterans must have access to tools that will allow them to create resumes that properly translate
their military skills into civilian skills and language. They also have the right to understand all of their options surrounding
federal employment and veteran preference. At the same time, employers, especially veteran employers, have the responsibility
of understanding the advantages that veteran employees bring to the marketplace.
Article IV
The Right to Keep That JobVeterans have the right to serve in the nation's National Guard and
Reserve forces with the confidence that if they must leave their civilian jobs for extended periods they will be protected.
Both veterans and their employers should understand USERRA and what the law requires in terms of veteran employment and re-employment
rights.
Article V
The Right to Treatment For Service-Related IllnessVeterans have the right to health care for any
service-related illnesses, be they physical or mental. Further, veterans have the right to the best medical care the government
can provide.
Article VI
The Right to Respect and NondiscriminationAs a result of demonstrated patriotism and the selfless
desire to protect our way of life, veterans have the right to respect and nondiscriminatory treatment from all Americans and
organizations both public and private.
Article VII
The Right to Identity ProtectionVeterans have the right to trust that government organizations
that possess personal data will safeguard that data.
Article VIII
The Right to EducationVeterans have earned the right to pursue dreams through education. Organizations
charged with facilitating a veteran's use of GI Bill benefits must be responsive. Places of higher education must also give
veterans appropriate consideration and treatment.
Article IX
The Right to CommunityVeterans have earned their place among veterans and can depend on the veteran
community to keep them informed, empowered, and enabled with respect to the issues articulated in Articles I through VIII.
For its part, Military.com pledges to continue as the forum for these activities.
Subject:
Michigan Votes Update and Comments: http://www.michiganvotes.com/Legislation.aspx?ID=46755
House Bill 5887 (Restrict
funeral demonstrations ): Introduced by Rep. Judy Emmons on March 16, 2006, to prohibit holding a political
demonstration within 500 feet of a funeral or burial service, making any statement or gesture intended to intimidate,
threaten, or harass a person involved in a funeral or burial
service; or engage in any other conduct that would disturb, disrupt, or adversely affect a funeral or burial service. Details and Comments: http://www.michiganvotes.com/Legislation.aspx?ID=46759
House Bill 5888 (Restrict
funeral demonstrations ): Introduced by Rep. John Gleason on March 16, 2006, to establish sentencing guidelines for the crime proposed by House Bill 5887 of disturb or disrupt a funeral or burial service. Details
and Comments: http://www.michiganvotes.com/Legislation.aspx?ID=46760
Your
input as always will be greatly appreciated and may be returned to this E-Mail address or sent directly to the GOVA Director
Mr. Tim Espich tespich@gov.state.oh.us
Joe
Jennings
tespich@gov.state.oh.us wrote:
To: songbemet@yahoo.com, Subject: HB 447 From: tespich@gov.state.oh.us Date: Wed, 1 Mar 2006
10:07:02 -0500
All,
HB 447 is provided as introduced for your information and review. HB
447 would create "Support Our Troops" license plates.
Please let
me know if you support or oppose this legislation with remarks as appropriate.
Timothy A. Espich Director,
Governor's Office of Veterans' Affairs 77
South High St., 30th Floor Columbus, Ohio 43215-6117 PH: 614.644.0892 FX:
614.728.9498 EM: tespich@gov.state.oh.us
As Introduced
126th General Assembly |
Regular Session |
2005-2006 |
|
|
Representatives Bubp, Allen, Blasdel, Boccieri, Brown, Chandler,
Combs, Distel, Evans, C., Evans, D., Faber, Fende, Flowers, Latta, Law, Martin, McGregor, J., Peterson, Reidelbach,
Schaffer, Taylor, Uecker, Wagner, Wolpert
A BILL
To amend sections 4501.21 and 4501.27 and to enact section 4503.92 of the Revised Code to
create "Support Our Troops" license plates.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4501.21 and 4501.27 be amended and section 4503.92 of the
Revised Code be enacted to read as follows: Sec. 4501.21. (A) There is hereby created in the state treasury
the license plate contribution fund. The fund shall consist of all contributions paid by motor vehicle registrants and collected
by the registrar of motor vehicles pursuant to sections 4503.491, 4503.50, 4503.501, 4503.502, 4503.51, 4503.522, 4503.545,
4503.55, 4503.551, 4503.552, 4503.561, 4503.562, 4503.591, 4503.67, 4503.68, 4503.69, 4503.71, 4503.711, 4503.72, 4503.73,
4503.74, 4503.75, and 4503.85, and 4503.92 of the Revised Code. (B) The registrar shall pay the
contributions the registrar collects in the fund as follows: (1) The registrar shall pay the contributions received
pursuant to section 4503.491 of the Revised Code to the breast cancer fund of Ohio, which shall use that money only to pay
for programs that provide assistance and education to Ohio breast cancer patients and that improve access for such patients
to quality health care and clinical trials and shall not use any of the money for abortion information, counseling, services,
or other abortion-related activities. (2) The registrar shall pay the contributions the registrar receives pursuant
to section 4503.50 of the Revised Code to the future farmers of America foundation, which shall deposit the contributions
into its general account to be used for educational and scholarship purposes of the future farmers of America foundation.
(3) The registrar shall pay the contributions the registrar receives pursuant to section 4503.501 of the Revised Code
to the 4-H youth development program of the Ohio state university extension program, which shall use those contributions to
pay the expenses it incurs in conducting its educational activities. (4) The registrar shall pay the contributions
received pursuant to section 4503.502 of the Revised Code to the Ohio
cattlemen's foundation, which shall use those contributions for scholarships and other educational activities. (5)
The registrar shall pay each contribution the registrar receives pursuant to section 4503.51 of the Revised Code to the university
or college whose name or marking or design appears on collegiate license plates that are issued to a person under that section.
A university or college that receives contributions from the fund shall deposit the contributions into its general scholarship
fund. (6) The registrar shall pay the contributions the registrar receives pursuant to section 4503.522 of the
Revised Code to the "friends of Perry's victory and international peace memorial, incorporated," a nonprofit corporation organized
under the laws of this state, to assist that organization in paying the expenses it incurs in sponsoring or holding charitable,
educational, and cultural events at the monument. (7) The registrar shall pay the contributions the registrar receives
pursuant to section 4503.55 of the Revised Code to the pro football hall of fame, which shall deposit the contributions into
a special bank account that it establishes and which shall be separate and distinct from any other account the pro football
hall of fame maintains, to be used exclusively for the purpose of promoting the pro football hall of fame as a travel destination.
(8) The registrar shall pay the contributions that are paid to the registrar pursuant to section 4503.545 of the Revised
Code to the national rifle association foundation, which shall use the money to pay the costs of the educational activities
and programs the foundation holds or sponsors in this state. (9) In accordance with section 955.202 of the Revised
Code, the registrar shall pay to the pets program funding board created by that section the contributions the registrar receives
pursuant to section 4503.551 of the Revised Code and any other money from any other source, including donations, gifts, and
grants, that is designated by the source to be paid to the pets program funding board. The board shall use the moneys it receives
under this section only to support programs for the sterilization of dogs and cats and for educational programs concerning
the proper veterinary care of those animals. (10) The registrar shall pay the contributions the registrar receives
pursuant to section 4503.552 of the Revised Code to the rock and roll hall of fame and museum, incorporated. (11)
The registrar shall pay the contributions the registrar receives pursuant to section 4503.561 of the Revised Code to the state
of Ohio chapter of ducks unlimited, inc., which shall deposit
the contributions into a special bank account that it establishes. The special bank account shall be separate and distinct
from any other account the state of Ohio chapter of ducks unlimited, inc., maintains and shall be used exclusively for the
purpose of protecting, enhancing, restoring, and managing wetlands and conserving wildlife habitat. The state of Ohio
chapter of ducks unlimited, inc., annually shall notify the registrar in writing of the name, address, and account to which
payments are to be made under division (B)(11) of this section. (12) The registrar shall pay the contributions
the registrar receives pursuant to section 4503.562 of the Revised Code to the Mahoning river consortium, which shall use
the money to pay the expenses it incurs in restoring and maintaining the Mahoning river watershed. (13)(a) The
registrar shall pay to a sports commission created pursuant to section 4503.591 of the Revised Code each contribution the
registrar receives under that section that an applicant pays to obtain license plates that bear the logo of a professional
sports team located in the county of that sports commission and that is participating in the license plate program pursuant
to division (E) of that section, irrespective of the county of residence of an applicant. (b) The registrar shall
pay to a community charity each contribution the registrar receives under section 4503.591 of the Revised Code that an applicant
pays to obtain license plates that bear the logo of a professional sports team that is participating in the license plate
program pursuant to division (G) of that section. (14) The registrar shall pay the contributions the registrar
receives pursuant to section 4503.67 of the Revised Code to the Dan Beard council of the boy scouts of America.
The council shall distribute all contributions in an equitable manner throughout the state to regional councils of the boy
scouts. (15) The registrar shall pay the contributions the registrar receives pursuant to section 4503.68 of the
Revised Code to the great river council of the girl scouts of the United States of America.
The council shall distribute all contributions in an equitable manner throughout the state to regional councils of the girl
scouts. (16) The registrar shall pay the contributions the registrar receives pursuant to section 4503.69 of the
Revised Code to the Dan Beard council of the boy scouts of America.
The council shall distribute all contributions in an equitable manner throughout the state to regional councils of the boy
scouts. (17) The registrar shall pay the contributions the registrar receives pursuant to section 4503.71 of the
Revised Code to the fraternal order of police of Ohio, incorporated, which shall deposit the fees into its general account
to be used for purposes of the fraternal order of police of Ohio, incorporated. (18) The registrar shall pay the
contributions the registrar receives pursuant to section 4503.711 of the Revised Code to the fraternal order of police of
Ohio, incorporated, which shall deposit the contributions into an account that it creates to be used for the purpose of advancing
and protecting the law enforcement profession, promoting improved law enforcement methods, and teaching respect for law and
order. (19) The registrar shall pay the contributions the registrar receives pursuant to section 4503.72 of the
Revised Code to the organization known on March 31, 2003, as the Ohio CASA/GAL association, a private, nonprofit corporation
organized under Chapter 1702. of the Revised Code. The Ohio CASA/GAL association shall use these contributions to pay the
expenses it incurs in administering a program to secure the proper representation in the courts of this state of abused, neglected,
and dependent children, and for the training and supervision of persons participating in that program. (20) The
registrar shall pay the contributions the registrar receives pursuant to section 4503.73 of the Revised Code to Wright B.
Flyer, incorporated, which shall deposit the contributions into its general account to be used for purposes of Wright B. Flyer,
incorporated. (21) The registrar shall pay the contributions the registrar receives pursuant to section 4503.74
of the Revised Code to the Columbus zoological park association, which shall disburse the moneys to Ohio's major metropolitan
zoos, as defined in section 4503.74 of the Revised Code, in accordance with a written agreement entered into by the major
metropolitan zoos. (22) The registrar shall pay the contributions the registrar receives pursuant to section 4503.75
of the Revised Code to the rotary foundation, located on March 31, 2003, in Evanston, Illinois, to be placed in a fund known
as the permanent fund and used to endow educational and humanitarian programs of the rotary foundation. (23) The
registrar shall pay the contributions the registrar receives pursuant to section 4503.85 of the Revised Code to the Ohio sea
grant college program to be used for Lake Erie area research projects. (24) The
registrar shall pay the contributions received pursuant to section 4503.92 of the Revised Code to support our troops, incorporated,
a national nonprofit corporation, which shall use those contributions in accordance with its articles of incorporation and
for the benefit of servicemembers of the armed forces of the United States and their families when they are in financial need. (C)
All investment earnings of the license plate contribution fund shall be credited to the fund. Not later than the first day
of May of every year, the registrar shall distribute to each entity described in divisions (B)(1) to (23)(24) of this section the investment income the fund earned the previous calendar year. The
amount of such a distribution paid to an entity shall be proportionate to the amount of money the entity received from the
fund during the previous calendar year. Sec. 4501.27. (A) Except as provided in division (B) of this section, on and
after September 13, 1997, the registrar of motor vehicles, and any employee or contractor of the bureau of motor vehicles,
shall not knowingly disclose or otherwise make available to any person or entity any personal information about an individual
that the bureau obtained in connection with a motor vehicle record. (B)(1) On and after September 13, 1997, the
registrar, or an employee or contractor of the bureau of motor vehicles, shall disclose personal information, other than sensitive
personal information, about an individual that the bureau obtained in connection with a motor vehicle record, for use in connection
with any of the following matters to carry out the purposes of any specified federal automobile-related act: (a)
Motor vehicle or driver safety and theft; (b) Motor vehicle emissions; (c) Motor vehicle product alterations,
recalls, or advisories; (d) Performance monitoring of motor vehicles and dealers by motor vehicle manufacturers;
(e) Removal of non-owner records from the original owner records of motor vehicle manufacturers. (2) In
addition to the disclosure required under division (B)(1) of this section, on and after September 13, 1997, the registrar,
or an employee or contractor of the bureau of motor vehicles, may disclose personal information, other than sensitive personal
information, about an individual that the bureau obtained in connection with a motor vehicle record, as follows: (a)
For the use of a government agency, including, but not limited to, a court or law enforcement agency, in carrying out its
functions, or for the use of a private person or entity acting on behalf of an agency of this state, another state, the United
States, or a political subdivision of this state or another state in carrying out its functions; (b) For use in
connection with matters regarding motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product
alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts, and dealers; motor vehicle
market research activities, including, but not limited to, survey research; and removal of non-owner records from the original
owner records of motor vehicle manufacturers; (c) For use in the normal course of business by a legitimate business
or an agent, employee, or contractor of a legitimate business, but only for one of the following purposes: (i)
To verify the accuracy of personal information submitted to the business, agent, employee, or contractor by an individual;
(ii) If personal information submitted to the business, agent, employee, or contractor by an individual is incorrect
or no longer is correct, to obtain the correct information, but only for the purpose of preventing fraud, by pursuing legal
remedies against, or recovering on a debt or security interest against, the individual. (d) For use in connection
with a civil, criminal, administrative, or arbitral proceeding in a court or agency of this state, another state, the United
States, or a political subdivision of this state or another state or before a self-regulatory body, including, but not limited
to, use in connection with the service of process, investigation in anticipation of litigation, or the execution or enforcement
of a judgment or order; (e) Pursuant to an order of a court of this state, another state, the United States, or
a political subdivision of this state or another state; (f) For use in research activities or in producing statistical
reports, provided the personal information is not published, redisclosed, or used to contact an individual; (g)
For use by an insurer, insurance support organization, or self-insured entity, or by an agent, employee, or contractor of
that type of entity, in connection with any claims investigation activity, anti-fraud activity, rating, or underwriting;
(h) For use in providing notice to the owner of a towed, impounded, immobilized, or forfeited vehicle; (i)
For use by any licensed private investigative agency or licensed security service for any purpose permitted under division
(B)(2) of this section; (j) For use by an employer or by the agent or insurer of an employer to obtain or verify
information relating to the holder of a commercial driver's license or permit that is required under the "Commercial Motor
Vehicle Safety Act of 1986," 100 Stat. 3207-170, 49 U.S.C. 2701, et seq., as now or hereafter amended; (k) For
use in connection with the operation of a private toll transportation facility; (l) For any use not otherwise identified
in division (B)(2) of this section that is in response to a request for individual motor vehicle records, if the individual
whose personal information is requested completes and submits to the registrar or deputy registrar a form prescribed by the
registrar by rule giving express consent to such disclosures. (m) For bulk distribution for surveys, marketing,
or solicitations, if the individual whose personal information is requested completes and submits to the registrar or a deputy
registrar a form prescribed by the registrar by rule giving express consent to such disclosures. (n) For use by
a person, state, or state agency that requests the information, if the person, state, or state agency demonstrates that it
has obtained the written consent of the individual to whom the information pertains; (o)
For use by an organization that receives a contribution specified in the Revised Code that the person paid to the registrar
or deputy registrar when the person obtained a special license plate for display on the person's motor vehicle; (p) For any other use specifically
authorized by law that is related to the operation of a motor vehicle or to public safety. (3)(a) Except as provided
in division (B)(3)(b) of this section, the registrar, or an employee or contractor of the bureau of motor vehicles, may disclose
sensitive personal information about an individual that the bureau obtained in connection with a motor vehicle record, only
if either of the following conditions are satisfied: (i) The individual whose personal information is requested
completes and submits to the registrar or deputy registrar a form prescribed by the registrar by rule giving express consent
to such disclosure; (ii) The disclosure is for one or more of the purposes described in division (B)(2)(a), (d),
(g), or (j) of this section. (b) Division (B)(3)(a) of this section does not apply to the disclosure of sensitive
personal information that is subject to section 4501.15 or 4507.53 of the Revised Code. (C) On and after September
13, 1997, an authorized recipient of personal information about an individual that the bureau of motor vehicles obtained in
connection with a motor vehicle record, other than a recipient under division (B)(2)(l) or (m) of this section, may resell
or redisclose the personal information only for a use permitted under division (B)(1), (B)(2)(a) to (k), (B)(2)(n), or (B)(2)(o)(p) of this section. On and after September 13, 1997, an authorized recipient of personal
information about an individual under division (B)(2)(l) of this section may resell or redisclose the information for any
purpose. On and after September 13, 1997, an authorized recipient of personal information under division (B)(2)(m) of this
section may resell or redisclose the information as specified pursuant to that division. On and after September 13, 1997,
an authorized recipient of personal information about an individual under division (B) of this section, other than a recipient
under division (B)(2)(l) of this section, that resells or rediscloses any personal information covered by this section must
keep for a period of five years a record that identifies each person or entity that receives any of the personal information
and the permitted purpose for which the information is to be used, and must make all such records available to the registrar
of motor vehicles upon the registrar's request. (D) The registrar may establish and carry out procedures under which the registrar or
the registrar's agents, upon receipt of a request for personal information on or after September 13, 1997, that does not satisfy
any of the criteria for disclosure of the information that are set forth in division (B)(1) or (2) of this section, may notify
the individual about whom the information was requested, by regular mail, that the request was made. Any procedures so adopted
shall provide that, if the registrar or an agent of the registrar mails the notice to the individual, the registrar or agent
shall include with the notice a copy of the request and conspicuously shall include in the notice a statement that the information
will not be released unless the individual waives the individual's right to privacy regarding the information that is granted
under this section. (E) The registrar of motor vehicles may adopt any forms and rules, consistent with but no more
restrictive than the requirements of Public Law No. 130-322, Title XXX, 18 U.S.C. 2721-2725, that are necessary to carry out
the registrar's duties under this section on and after September 13, 1997. (F) As used in this section: (1)
"Motor vehicle record" means a record that pertains to a motor vehicle driver's or commercial driver's license or permit,
a motor vehicle certificate of title, a motor vehicle registration or motor vehicle identification license plates, or an identification
card issued by the bureau of motor vehicles. (2) "Person" has the same meaning as in section 1.59 of the Revised
Code and does not include this state, another state, or an agency of this state or another state. (3) "Personal
information" means information that identifies an individual, including, but not limited to, an individual's photograph or
digital image, social security number, driver or driver's license identification number, name, telephone number, or medical
or disability information, or an individual's address other than the five-digit zip code number. "Personal information" does
not include information pertaining to a vehicular accident, driving or traffic violation, or driver's status. (4)
"Specified federal automobile-related act" means the "automobile information disclosure act
Automobile Information Disclosure Act," 72 Stat. 325, 15 U.S.C. 1231-1233, the "Motor Vehicle Information and
Cost Saving Act," 86 Stat. 947, 15 U.S.C. 1901, et seq., the "National Traffic and Motor Vehicle Safety Act of 1966," 80 Stat.
718, 15 U.S.C. 1381, et seq., the "Anti-car Theft Act of 1992," 106 Stat. 3384, 15 U.S.C. 2021, et seq., and the "Clean Air
Act," 69 Stat. 322, 42 U.S.C. 7401, et seq., all as now or hereafter amended. (5) "Sensitive personal information" means an individual's
photograph or digital image, social security number, or medical or disability information. Sec. 4503.92. (A) The owner or lessee of any passenger car, noncommercial motor vehicle, recreational
vehicle, or other vehicle of a class approved by the registrar of motor vehicles may apply to the registrar for the registration
of the vehicle and issuance of "support our troops" license plates. The application may be combined with a request for a special
reserved license plate under section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed application and
compliance by the applicant with divisions (B) and (C) of this section, the registrar shall issue to the applicant the appropriate
vehicle registration and a set of "support our troops" license plates and a validation sticker, or a validation sticker alone
when required by section 4503.191 of the Revised Code. In addition to the letters and
numbers ordinarily inscribed on the license plates, "support our troops" license plates shall bear an appropriate logo and
the words "support our troops." The bureau of motor vehicles shall design "support our troops" license plates, and they shall
display county identification stickers that identify the county of registration by name or number. (B) "Support
our troops" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of an application
for registration of a motor vehicle under this section; payment of the regular license tax as prescribed under section 4503.04
of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable
additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, an additional fee of ten dollars, and a contribution
as provided in division (C) of this section; and compliance with all other applicable laws relating to the registration of
motor vehicles. (C) For each application for registration and registration renewal notice the registrar
receives under this section, the registrar shall collect a contribution of twenty-five dollars. The registrar shall transmit
this contribution to the treasurer of state for deposit in the license plate contribution fund created by section 4501.21
of the Revised Code. The registrar shall transmit the additional fee of ten dollars, which is to compensate
the bureau of motor vehicles for the additional services required in the issuing of "support our troops" license plates, to
the treasurer of state for deposit into the state treasury to the credit of the state bureau of motor vehicles fund created
by section 4501.25 of the Revised Code. Section 2. That existing sections 4501.21 and 4501.27
of the Revised Code are hereby repealed.
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Respectfully,
Joseph A. Jennings III Exec.
Dir. VVA "BUCKEYE" State Council
"For those that have fought for it, ' FREEDOM '
has a flavor the protected will never know"
To
All Ohio
VVA Members,
I would
like your input on the following House Bill or you may send your comment directly to the GOVA Director Mr. Espich at
tespich@gov.state.oh.us
Joe
Jennings
All, HB 70 is provided below as passed
by the House for your information and review. HB 70 would authorize boards of county commissioners to exempt from
taxation the homesteads of qualifying members of the National Guard and reserve components of the Armed Forces who have been
deployed outside the state and to exempt estates of members of the United States Armed Services who died while serving in
a combat zone from being charged any fees associated with the filing of the decedent's will for probate or the administration
of the decedent's estate or any fees for relieving the estate from administration or granting an order for summary release
from administration.
I would sincerely appreciate yours
comments regarding this bill.
Timothy A. Espich Director, Governor's Office of Veterans' Affairs 77 South High St., 30th Floor Columbus, Ohio 43215-6117 PH:
614.644.0892 FX: 614.728.9498 EM: tespich@gov.state.oh.us
As Passed by the House
126th General Assembly |
Regular Session |
2005-2006 |
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Representatives Evans, C., McGregor, J., Aslanides,
Evans, D., Faber, Reidelbach, Patton, T., Ujvagi, Perry, Willamowski, Combs, Carano, Distel, Law, Taylor, Kearns,
Widener, Schaffer, Webster, Strahorn, Collier, Patton, S., Harwood, Uecker, Smith, G., DeGeeter, Allen, Hagan, Martin,
Kilbane, Gibbs, Driehaus, Gilb, Hartnett, Latta, Seitz, Skindell, Barrett, Beatty, Blessing, Book, Brown, Buehrer, Calvert,
Cassell, Chandler, Coley, Core, DeBose, DeWine, Domenick, Fende, Flowers, Healy, Hood, Hughes, Key, McGregor, R., Mitchell,
Oelslager, Otterman, Peterson, Raussen, Reinhard, Sayre, Schlichter, Schneider, Setzer, Sykes, Trakas, Wagner, Wagoner, Walcher,
Williams, Wolpert, Woodard, Yuko
A BILL
To amend section 2101.16 and to enact sections 305.51 and 2101.164 of the Revised Code
to authorize boards of county commissioners to exempt from taxation the homesteads of qualifying members of the National Guard
and reserve components of the Armed Forces who have been deployed outside the state and to exempt estates of members of the
United States Armed Services who died while serving in a combat zone from being charged any fees associated with the filing
of the decedent's will for probate or the administration of the decedent's estate or any fees for relieving the estate from
administration or granting an order for summary release from administration.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2101.16 be amended and sections 305.51 and 2101.164
of the Revised Code be enacted to read as follows: Sec. 305.51. (A) As used in this section:
(1) "Homestead" means a homestead as defined in section 323.151 of the Revised Code or a manufactured home or mobile
home subject to the tax levied under division (C) of section 4503.06 of the Revised Code. (2) "Qualified
homestead" means a homestead owned by an eligible owner at any time during the eligible owner's deployment. (3)
"Eligible owner" means a member of the national guard or a reserve component of the armed forces of the United States who
is deployed outside this state pursuant to a congressional declaration of war or executive order of the president of the United
States during at least five consecutive months of the tax year, and whose compensation received from the member's nonmilitary
employer during such deployment is reduced by more than twenty-five per cent. (4) "Taxing unit" has the
same meaning as in section 5705.01 of the Revised Code. (B) If a board of county commissioners determines
that the economic sacrifices required of eligible owners of qualified homesteads necessitate granting qualified homesteads
an exemption from taxation, the board may adopt a resolution exempting qualified homesteads in the county from real property
taxes levied by taxing units or the tax levied under section 4503.06 of the Revised Code, as applicable to the homestead.
The resolution applies to taxes levied by all taxing units except a city, local, or exempted village school district the board
of education of which has adopted a resolution under division (E) of this section. A board of county commissioners
adopting a resolution under this division shall cause a copy of the resolution to be certified within fifteen days after adoption
to the board of education of each city, local, and exempted village school district having territory in the county.
(C)(1) To obtain an exemption from taxation under division (B) of this section, an eligible owner of a qualified
homestead, the owner's spouse, or the owner's authorized agent shall, for each year for which the owner's homestead qualifies
for exemption, file a separate application with the county auditor of the county in which the owner's qualified homestead
is located. The application shall be filed in the form and manner prescribed by the county auditor. The application shall
be accompanied by documentation, which shall be verified by the county veterans service office of the county in which the
owner's homestead is located, of the owner's deployment outside this state pursuant to a congressional declaration of war
or executive order of the president of the United States. (2) An owner of a homestead that is located in
a county that has adopted a resolution under division (B) of this section may, regardless of the year in which the county
adopted the resolution, submit an application to the county auditor for an exemption for tax year 2004 and any tax year thereafter
that precedes the current tax year if the owner was an eligible owner of a qualified homestead for that year. The application
shall be accompanied by documentation, which shall be verified by the county veterans service office of the county in which
the owner's homestead is located, of the owner's deployment outside this state as described in division (A)(2) of this section
during the tax year or tax years for which exemption is sought. If the county auditor determines that the owner is an eligible
owner and that the homestead is a qualified homestead for such prior tax years, any taxes that have been paid for such prior
years shall be treated by the county auditor as an overpayment of taxes by the owner and shall be refunded to the owner in
the manner prescribed in section 5715.22 of the Revised Code. (D) Application for the exemption constitutes
the applicant's consent to permit the county auditor to request and review documentation of the income of the applicant or
applicant's compensation for the purposes of determining if the applicant is an eligible owner. If the county auditor requests
such documentation and the applicant does not furnish the documentation within sixty days after the request, the county auditor
may disapprove the application or terminate the exemption. Documentation furnished to the county auditor under this section
shall be used solely for the purpose of determining eligibility for the exemption under this section, shall be returned to
the applicant, and is not a public record available for inspection by the public for the purposes of section 149.43 of the
Revised Code. (E) The board of education of a city, local, or exempted village school district may adopt
a resolution objecting to the exemption under this section of qualified homesteads from taxes levied by the school district.
The board shall cause a copy of the resolution to be certified to the board of county commissioners and to the county auditor
within thirty days after receiving a certified copy of the board of county commissioner's resolution certified under division
(B) of this section. If a board of education properly and timely adopts and certifies a resolution under this section, qualified
homesteads in the school district shall be exempted from taxes levied by all taxing units as otherwise provided in this section
except taxes levied by the board of education. Sec. 2101.16. (A) The Except as provided
in section 2101.164 of the Revised Code, the fees enumerated in this division shall be charged and collected, if possible,
by the probate judge and shall be in full for all services rendered in the respective proceedings:
(1)
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Account,
in addition to advertising charges .......... |
$12.00
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Waivers
and proof of notice of hearing on account, per |
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page,
minimum one dollar ............................. |
$ 1.00
|
(2)
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Account
of distribution, in addition to |
|
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|
advertising
charges .................................. |
$ 7.00
|
(3)
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Adoption
of child, petition for ...................... |
$50.00
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(4)
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Alter
or cancel contract for sale or purchase of |
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real
estate, petition to ............................. |
$20.00
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(5)
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Application
and order not otherwise provided |
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for
in this section or by rule adopted pursuant to |
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division
(E) of this section ......................... |
$ 5.00
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(6)
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Appropriation
suit, per day, hearing in .............. |
$20.00
|
(7)
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Birth,
application for registration of ............... |
$ 7.00
|
(8)
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Birth
record, application to correct ................. |
$ 5.00
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(9)
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Bond,
application for new or additional .............. |
$ 5.00
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(10)
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Bond,
application for release of surety or |
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reduction
of ......................................... |
$ 5.00
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(11)
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Bond,
receipt for securities deposited in lieu of .... |
$ 5.00
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(12)
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Certified
copy of journal entry, record, or proceeding, |
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per
page, minimum fee one dollar ..................... |
$ 1.00
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(13)
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Citation
and issuing citation, application for ....... |
$ 5.00
|
(14)
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Change
of name, petition for ......................... |
$20.00
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(15)
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Claim,
application of administrator or executor for |
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allowance
of administrator's or executor's own ....... |
$10.00
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(16)
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Claim,
application to compromise or settle ........... |
$10.00
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(17)
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Claim,
authority to present .......................... |
$10.00
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(18)
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Commissioner,
appointment of ......................... |
$ 5.00
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(19)
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Compensation
for extraordinary services and attorney's |
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fees
for fiduciary, application for .................. |
$ 5.00
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(20)
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Competency,
application to procure adjudication of ... |
$20.00
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(21)
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Complete
contract, application to .................... |
$10.00
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(22)
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Concealment
of assets, citation for .................. |
$10.00
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(23)
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Construction
of will, petition for ................... |
$20.00
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(24)
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Continue
decedent's business, application to ......... |
$10.00
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Monthly
reports of operation ......................... |
$ 5.00
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(25)
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Declaratory
judgment, petition for ................... |
$20.00
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(26)
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Deposit
of will ...................................... |
$ 5.00
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(27)
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Designation
of heir .................................. |
$20.00
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(28)
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Distribution
in kind, application, assent, and |
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order
for ............................................ |
$ 5.00
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(29)
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Distribution
under section 2109.36 of the Revised |
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Code,
application for an order of .................... |
$ 7.00
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(30)
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Docketing
and indexing proceedings, including the |
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filing
and noting of all necessary documents, maximum |
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fee,
fifteen dollars ................................. |
$15.00
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(31)
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Exceptions
to any proceeding named in this section, |
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contest
of appointment or ............................ |
$10.00
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(32)
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Election
of surviving partner to purchase assets of |
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partnership,
proceedings relating to ................. |
$10.00
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(33)
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Election
of surviving spouse under will .............. |
$ 5.00
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(34)
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Fiduciary,
including an assignee or trustee of an |
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insolvent
debtor or any guardian or conservator |
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accountable
to the probate court, appointment of ..... |
$35.00
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(35)
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Foreign
will, application to record .................. |
$10.00
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Record
of foreign will, additional, per page ......... |
$ 1.00
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(36)
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Forms
when supplied by the probate court, not to |
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exceed
............................................... |
$10.00
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(37)
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Heirship,
petition to determine ...................... |
$20.00
|
(38)
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Injunction
proceedings ............................... |
$20.00
|
(39)
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Improve
real estate, petition to ..................... |
$20.00
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(40)
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Inventory
with appraisement .......................... |
$10.00
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(41)
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Inventory
without appraisement ....................... |
$ 7.00
|
(42)
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Investment
or expenditure of funds, application for .. |
$10.00
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(43)
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Invest
in real estate, application to ................ |
$10.00
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(44)
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Lease
for oil, gas, coal, or other mineral, petition |
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to
................................................... |
$20.00
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(45)
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Lease
or lease and improve real estate, petition to .. |
$20.00
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(46)
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Marriage
license ..................................... |
$10.00
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Certified
abstract of each marriage .................. |
$ 2.00
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(47)
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Minor
or mentally ill person, etc., disposal of estate |
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under
ten thousand dollars of ........................ |
$10.00
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(48)
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Mortgage
or mortgage and repair or improve real |
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estate,
petition to .................................. |
$20.00
|
(49)
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Newly
discovered assets, report of ................... |
$ 7.00
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(50)
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Nonresident
executor or administrator to bar |
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creditors'
claims, proceedings by .................... |
$20.00
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(51)
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Power
of attorney or revocation of power, |
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bonding
company ...................................... |
$10.00
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(52)
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Presumption
of death, petition to establish .......... |
$20.00
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(53)
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Probating
will ....................................... |
$15.00
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Proof
of notice to beneficiaries ..................... |
$ 5.00
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(54)
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Purchase
personal property, application of surviving |
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spouse
to ............................................ |
$10.00
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(55)
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Purchase
real estate at appraised value, petition of |
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surviving
spouse to .................................. |
$20.00
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(56)
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Receipts
in addition to advertising charges, |
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application
and order to record ...................... |
$ 5.00
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Record
of those receipts, additional, per page ....... |
$ 1.00
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(57)
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Record
in excess of fifteen hundred words in any |
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proceeding
in the probate court, per page ............ |
$ 1.00
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(58)
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Release
of estate by mortgagee or other lienholder ... |
$ 5.00
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(59)
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Relieving
an estate from administration under section |
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2113.03
of the Revised Code or granting an order for a |
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summary
release from administration under section |
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2113.031
of the Revised Code ......................... |
$60.00
|
(60)
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Removal
of fiduciary, application for ................ |
$10.00
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(61)
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Requalification
of executor or administrator ......... |
$10.00
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(62)
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Resignation
of fiduciary ............................. |
$ 5.00
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(63)
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Sale bill, public sale of personal property .......... |
$10.00
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(64)
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Sale of personal property and report, application |
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for
.................................................. |
$10.00
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(65)
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Sale of real estate, petition for .................... |
$25.00
|
(66)
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Terminate
guardianship, petition to .................. |
$10.00
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(67)
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Transfer
of real estate, application, entry, and |
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certificate
for ...................................... |
$ 7.00
|
(68)
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Unclaimed
money, application to invest ............... |
$ 7.00
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(69)
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Vacate
approval of account or order of distribution, |
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motion
to ............................................ |
$10.00
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(70)
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Writ
of execution .................................... |
$ 5.00
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(71)
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Writ
of possession ................................... |
$ 5.00
|
(72)
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Wrongful
death, application and settlement of claim |
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|
for
.................................................. |
$20.00
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(73)
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Year's
allowance, petition to review ................. |
$ 7.00
|
(74)
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Guardian's
report, filing and review of .............. |
$ 5.00 |
(B)(1) In relation to an application for the appointment of a guardian or the review
of a report of a guardian under section 2111.49 of the Revised Code, the probate court, pursuant to court order or in accordance
with a court rule, may direct that the applicant or the estate pay any or all of the expenses of an investigation conducted
pursuant to section 2111.041 or division (A)(2) of section 2111.49 of the Revised Code. If the investigation is conducted
by a public employee or investigator who is paid by the county, the fees for the investigation shall be paid into the county
treasury. If the court finds that an alleged incompetent or a ward is indigent, the court may waive the costs, fees, and expenses
of an investigation. (2) In relation to the appointment or functioning of a guardian for a minor or the guardianship
of a minor, the probate court may direct that the applicant or the estate pay any or all of the expenses of an investigation
conducted pursuant to section 2111.042 of the Revised Code. If the investigation is conducted by a public employee or investigator
who is paid by the county, the fees for the investigation shall be paid into the county treasury. If the court finds that
the guardian or applicant is indigent, the court may waive the costs, fees, and expenses of an investigation. (C)
Thirty dollars of the thirty-five-dollar fee collected pursuant to division (A)(34) of this section and twenty dollars of
the sixty-dollar fee collected pursuant to division (A)(59) of this section shall be deposited by the county treasurer in
the indigent guardianship fund created pursuant to section 2111.51 of the Revised Code. (D) The fees of witnesses,
jurors, sheriffs, coroners, and constables for services rendered in the probate court or by order of the probate judge shall
be the same as provided for like services in the court of common pleas. (E) The probate court, by rule, may require
an advance deposit for costs, not to exceed one hundred twenty-five dollars, at the time application is made for an appointment
as executor or administrator or at the time a will is presented for probate. (F) The probate court, by rule, shall
establish a reasonable fee, not to exceed fifty dollars, for the filing of a petition for the release of information regarding
an adopted person's name by birth and the identity of the adopted person's biological parents and biological siblings pursuant
to section 3107.41 of the Revised Code, all proceedings relative to the petition, the entry of an order relative to the petition,
and all services required to be performed in connection with the petition. The probate court may use a reasonable portion
of a fee charged under authority of this division to reimburse any agency, as defined in section 3107.39 of the Revised Code,
for any services it renders in performing a task described in section 3107.41 of the Revised Code relative to or in connection
with the petition for which the fee was charged. (G)(1) Thirty dollars of the fifty-dollar fee collected pursuant
to division (A)(3) of this section shall be deposited into the "putative father registry fund," which is hereby created in
the state treasury. The department of job and family services shall use the money in the fund to fund the department's costs
of performing its duties related to the putative father registry established under section 3107.062 of the Revised Code.
(2) If the department determines that money in the putative father registry fund is more than is needed for its duties
related to the putative father registry, the department may use the surplus moneys in the fund as permitted in division (C)
of section 2151.3529, division (B) of section 2151.3530, or section 5103.155 of the Revised Code. Sec. 2101.164.
(A) As used in this section, "combat zone" means an area that the president of the United
States by executive order designates for purposes of 26 U.S.C. 112 as an area
in which armed forces of the United States
are or have engaged in combat. (B) A probate judge shall not charge, or collect from, the estate of a decedent
who died while in active service as a member of the armed forces of the United States any of the following fees if the death
occurred while the decedent was serving in a combat zone or as a result of wounds, disease, or injury incurred while serving
in a combat zone: (1) Any fee for or associated with the filing of the decedent's will for probate;
(2) Any fee for any service rendered by the probate court that is associated with the administration of the decedent's
estate; (3) Any fee for relieving the decedent's estate from administration under section 2113.03 of the
Revised Code or granting an order for a summary release from administration under section 2113.031 of the Revised Code.
Section 2. That existing section 2101.16 of the Revised Code is hereby repealed. Section 3. Section
2101.16 of the Revised Code, as amended by this act, and section 2101.164 of the Revised Code, as enacted by this act, apply
to the estates of decedents who die on or after the effective date of this act.
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Respectfully,
Joseph A. Jennings III Exec.
Dir. VVA "BUCKEYE" State Council
"For those that have fought for it, ' FREEDOM '
has a flavor the protected will never know"
All,
HB 484 is provided below
as introduced for your information and review. HB 484 would revise the ORC to prohibit protest activities within 300
feet of the site of a funeral service. Also for your information I have provided is a copy of news release which discusses
the reasoning for the bill.
I would sincerely appreciate
your comments on this bill.
Timothy A. Espich Director, Governor's Office of Veterans' Affairs 77
South High St., 30th Floor Columbus, Ohio 43215-6117 PH: 614.644.0892 FX:
614.728.9498 EM: tespich@gov.state.oh.us
As Introduced
126th General Assembly |
Regular Session |
2005-2006 |
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Representatives Boccieri, McGregor, J., Raussen,
Hood, Healy, Wagoner, Seitz, Hughes, Widener, Chandler, Stewart, D.,
Carano, Harwood
A BILL
To amend section 3767.30 of the Revised Code to prohibit protest activities within 300 feet
of the site of a funeral service during and within one hour before and after the service and to prohibit protest activities
within 300 feet of a funeral procession.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3767.30 of the Revised Code be amended to read as follows:
Sec. 3767.30. Every citizen may freely speak, write, and publish his the person's sentiments
on all subjects, being responsible for the abuse of the right, but no person shall picket or engage in other protest activities,
nor shall any association or corporation cause to be picketed picketing or other protest activities to occur,
within three hundred feet of any residence, cemetery, funeral home, church, synagogue, or other establishment during
or within one hour before and during or one hour after the conducting of an actual funeral or burial service
at such that place. No person shall picket or engage in other protest activities, nor shall any association
or corporation cause to be picketed picketing or other protest activities to occur, within three hundred
feet of any funeral procession. Section 2. That existing section 3767.30 of the Revised Code is hereby
repealed.
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For immediate release:
January 23, 2006
Contact:
Rep Boccieri 330-518-5366 Katie Jones 614-466-1464
Rep Boccieri Introduces “Let Them Rest in Peace Actâ€
( COLUMBUS)– State Representative John Boccieri (D-New Middletown) introduced legislation
today aimed at inhibiting protests at funerals for Iraqi War Veterans. Members of a Kansas-based group are demonstrating at
veterans funerals saying the military deaths in Iraq are punishment from
God, and they’re organizing to come to Ohio
Members of the Westboro Baptist Church of Topeka, Kansas started protesting at military funerals
last summer and have demonstrated at 80 funerals thus far believing America
is doomed and God is killing soldiers while allowing such tragedies as Hurricane Katrina and 9/11. The organized group
believes America is being punished for its worship of dead soldiers and homosexuality.
“As a former Honor Guard Commander over-seeing military funerals and having flown
fallen soldiers out of Iraq, I just cannot imagine that such a group would disrespect the families in this way,†Rep Boccieri said.
According to the official website of the Westboro Baptist
Church (www.godhatesfags.com), a message
details their agenda to lawmakers on Legislation regarding counter-demonstrations at funerals of dead soldiers.
The group says, “When the death of a soldier is turned into a public platform
to lionize America, worship the dead and defy God, we will be there…hold up signs…America is Doomed, God Blew
Up the Soldier, Thank God for Dead Soldiers, Thank God for IED’s.â€
The group identifies soldiers and details the location of upcoming funerals and to date has participated
in demonstrations in Florida, Illinois, and Michigan and is organizing to
come to Ohio, according to their website. Illinois Lt Governor Pat Quinn introduced
legislation requiring demonstrations to set-back up to 300ft from all funeral services.
“I looked at the Illinois legislation and decided
to introduce it in Ohio as a preemptive move,†Rep Boccieri said. “My fear is that this hate-group may team-up
with other fringe groups organizing in Ohio and begin protesting at military funerals. These demonstrations are disruptive, inappropriate and appalling,†he added
The House Bill requires a 300ft buffer for demonstrators around all funerals which is enforceable
by local law enforcement and carries penalties for non-compliance. The buffer would start 30 minutes before the funeral
and 30 minutes afterward.
“I respect the free-speech of citizens of this country. However, this is inappropriate
behavior at a private ceremony where citizens wish to morn the passing of their loved one,†Rep Boccieri said. “They can practice their
free-speech, but I feel they need to be at a respectful distance because their free speech rights end where the family’s
right to privacy begins.
State Representative Boccieri is a C-130 Pilot in the Air Force Reserves and completed his fourth
rotation in Operations Iraqi Freedom and Enduring Freedom last September.
#######
Respectfully,
Joseph A. Jennings III Exec.
Dir. VVA "BUCKEYE" State Council
"For those that have fought for it, ' FREEDOM '
has a flavor the protected will never know"
All,
HB 479 is provided below
as introduced for your information and review. HB 479 would allow a parent who is called to active military duty to file a motion with the court to temporarily
modify a prior decree allocating parental rights and responsibilities.
Your comments of this legislation will be sincerely appreciated. Thanks
Timothy A. Espich Director, Governor's Office of Veterans' Affairs 77 South High St., 30th Floor Columbus,
Ohio 43215-6117 PH:
614.644.0892 FX: 614.728.9498 EM: tespich@gov.state.oh.us
As Introduced
126th General Assembly |
Regular Session |
2005-2006 |
|
|
Representatives Calvert, Evans, C., Martin, Peterson,
Gibbs, Healy, McGregor, J., Evans, D., Latta, Setzer, Flowers, Hartnett, Buehrer, Brown, Faber
A BILL
To enact section 3109.111 of the Revised Code to allow a parent who is called to active military
duty to file a motion with the court to temporarily modify a prior decree allocating parental rights and responsibilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3109.111 of the Revised Code be enacted to read as follows:
Sec. 3109.111. (A) As used in this section: (1) "Active military service" means the
performance of military duty by a member of the Ohio or United States uniformed services for a period of more than thirty
days. (2) "Designated relative" means a person related by consanguinity or affinity to both the child and
the parent filing a motion under division (B) of this section for whom companionship or visitation rights are sought.
(B)(1) A parent of an unmarried minor child may file in the court of common pleas of the county in which the minor
child resides a motion for temporary modification of a prior decree allocating parental rights and responsibilities to grant
reasonable companionship or visitation rights to a designated relative, if that parent is called to active military service.
On the filing of such a motion, the court shall conduct a hearing, giving the case calendar priority, and handle the case
expeditiously. (2) A parent who files a motion under division (B)(1) of this section shall also file with
the court a plan for reasonable companionship or visitation that covers all factors that are relevant to the care of the child,
including, but not limited to, physical living arrangements, child support obligations, and medical and dental care.
(C) In determining whether to grant temporary modification of a prior decree allocating parental rights and responsibilities
under division (B) of this section, the court shall consider all of the following factors: (1) The wishes
of the child's parents regarding the child's care; (2) The best interest of the child; (3)
If the child has sufficient reasoning ability, the wishes of the child; (4) The prior interaction and interrelationships
of the child with the designated relative; (5) Whether the parents are subject to a sole parenting or shared
parenting order and whether they have honored and facilitated the order; (6) The ability of the parents
to cooperate and make joint decisions regarding the child; (7) The details of the plan filed under division
(B)(2) of this section; (8) The geographic proximity of the parent not called to active military duty with
the designated relative; (9) Any other relevant factor. (D)(1) If the court interviews
any child pursuant to division (C) of this section, the court shall conduct the interview in chambers, and no person other
than the child, the child's attorney, the judge, any necessary court personnel, and, in the judge's discretion, the attorney
of each parent, shall be permitted to be present in the chambers during the interview. No person shall obtain or attempt to
obtain from a child a written or recorded statement or affidavit setting forth the child's wishes and concerns regarding the
temporary modification of parental rights and responsibilities. A court, in determining whether to grant a temporary modification
pursuant to this section, shall not accept or consider a written or recorded statement or affidavit that purports to set forth
the child's wishes and concerns regarding this matter. (2) After reviewing the details of the plan pursuant
to division (C)(7) of this section, the court shall determine if the plan is in the best interest of the child. If the plan
is in the best interest of the child, the court shall approve it. If the plan is not in the best interest of the child, the
court may reject part of the, or the entire, plan and require the parent filing the motion to make appropriate changes to
the plan. If the parent makes changes to the plan and if the changes are in the best interest of the child, the court shall
approve the plan. If the parent makes changes to the plan and the changes are not in the best interest of the child, the court
may reject the portion of the plan and require the parent to make appropriate changes to the plan or may deny the motion for
temporary modification of parental rights and responsibilities filed under division (B) of this section. (E)
The court may grant the motion for temporary modification of parental rights and responsibilities for reasonable companionship
or visitation rights with any designated relative filed under this section if the court approves the plan required under division
(B)(2) of this section and, after consideration of the factors in division (C) of this section, determines that temporary
modification is in the best interest of the child. (F) Temporary modification of a prior decree allocating
parental rights and responsibilities granted pursuant to this section shall be in effect only during the tenure of the parent's
active military duty, and the temporary modification decree shall terminate on the thirty-first day after the parent's release
from active military duty. The prior decree allocating parental rights and responsibilities shall not be otherwise modified
for any purpose under this section and, subject to this section, all applicable provisions of the prior decree shall remain
in effect during the tenure of the parent's active military duty.
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Respectfully,
Joseph A. Jennings III Exec.
Dir. VVA "BUCKEYE" State Council
"For those that have fought for it, ' FREEDOM '
has a flavor the protected will never know"
Below is VVA’s "official” rebuttal to the Washington Post
article that was put together on December 28th... Happy New Year to you and your family!!December 28, 2005
To the Editor:
Yesterday’s front-page piece by Shankar Vedantam,
“A Political Debate on Stress Disorder”, does an injustice to veterans whose lives have come undone by what they
have experienced during war.
Contrary to several allegations by so-called experts, who view post-traumatic stress disorder
as a made-up diagnosis used by veterans to enrich themselves, PTSD is a very real disease. It is marked by physiological manifestations,
secondary diseases, and chemical changes in and to the brain. It is associated with a variety of disorders that often are
just as debilitating as many of the physical injuries incurred in combat.
War brutalizes those who are intimate with
combat. If our government sees fit to send young men and women and some not-so-young men and women off to war,
it must be prepared to help them deal with and, ideally, overcome the effects of what they have experienced.
The Department
of Veterans Affairs must devote specific and enhanced resources to treat those who are diagnosed with war-related PTSD. This
is part of America’s obligation, and debt, to those it has placed in harm’s way. It is a cost of war, and defending
a free society.
[signed] John Rowan National President Vietnam Veterans of America
Respectfully,
Joseph A. Jennings III Exec. Dir. VVA "BUCKEYE" State
Council
"For those that have fought
for it, ' FREEDOM ' has a flavor the protected will never know"
VA Adds Nearly 2 Million Records to Online Gravesite
Locator
WASHINGTON (December 22, 2005) - The burial locations of more than 5 million veterans for whom the
Department of Veterans Affairs (VA) has provided grave markers are now available on the Internet, as well as the information
inscribed on the markers.
Online since April 2004, the nationwide gravesite locator http://gravelocator.cem.va.govhelps veterans' families, former comrades-in-arms
and others find the graves of veterans.
VA recently added 1.9 million records for veterans buried primarily in private
cemeteries to its database. The gravesite locator previously carried records on 3 million veterans buried in VA national
cemeteries since the Civil War, and in state veterans cemeteries and Arlington National Cemetery since 1999.
"The
expansion of this innovative program continues VA's commitment to using Internet technology to fulfill the important mission
of memorializing our nation's veterans," said the Honorable R. James Nicholson, Secretary of Veterans Affairs. "By adding
records to our online database, VA also helps families research their genealogy and ensures that future generations
of Americans will be able to honor these veterans for their service."
The new records date from January 1997, the
earliest time for which electronic records exist. The information comes from applications made for these veterans' headstones
or markers. Beyond the 5 million records now available, VA continues to add approximately 1,000 new records to the database
each day.
Last year, VA furnished nearly 369,000 inscribed headstones and markers for veterans' graves worldwide.
Internet users only need to provide the last name of the deceased veteran or dependent. Typically, the information
available includes name, birth and death dates, rank, branch of service and the address and phone number of the cemetery.
Veterans
whose discharges are other than dishonorable, their spouses and dependent children may be buried in a national cemetery,
regardless of where they live. No advance reservations are made. VA provides perpetual care, as well as a headstone
or marker, a burial flag and a memorial certificate to survivors.
Information on VA burial benefits can be obtained
from national cemetery offices, from a VA Web site at www.cem.va.gov or by calling VA regional offices toll-free at 1-800-827-1000.
Respectfully,
Joseph A. Jennings III Exec. Dir. VVA "BUCKEYE"
State Council
"For those that have fought
for it, ' FREEDOM ' has a flavor the protected will never know"
A Political Debate On Stress Disorder As
Claims Rise, VA Takes Stock By
Shankar Vedantam Washington Post Staff Writer Tuesday, December 27, 2005; A01
The
spiraling cost of post-traumatic stress disorder among war veterans has triggered a politically charged debate and ignited
fears that the government is trying to limit expensive benefits for emotionally scarred troops returning from Iraq and Afghanistan.
In the past five years, the number of veterans receiving compensation for
the disorder commonly called PTSD has grown nearly seven times as fast as the number receiving benefits for disabilities in
general, according to a report this year by the inspector general of the Department of Veterans Affairs. A total of 215,871
veterans received PTSD benefit payments last year at a cost of $4.3 billion, up from $1.7 billion in 1999 -- a jump of more
than 150 percent.
Experts say the sharp increase does not begin to factor in the potential impact of the wars in Iraq and Afghanistan, because the increase is largely the result of Vietnam War vets seeking treatment
decades after their combat experiences. Facing a budget crunch, experts within and outside the Veterans Affairs Department
are raising concerns about fraudulent claims, wondering whether the structure of government benefits discourages healing,
and even questioning the utility and objectivity of the diagnosis itself.
"On the one hand, it is good that people
are reaching out for help," said Jeff Schrade, communications director for the Senate Veterans Affairs Committee. "At the
same time, as more people reach out for help, it squeezes the budget further."
Among the issues being discussed, he
said, was whether veterans who show signs of recovery should continue to receive disability compensation: "Whether anyone
has the political courage to cut them off -- I don't know that Congress has that will, but we'll see."
Much of the
debate is taking place out of public sight, including an internal VA meeting in Philadelphia this month. The department has also been in negotiations with the Institute of Medicine over a review of the "utility and objectiveness" of PTSD diagnostic criteria and
the validity of screening techniques, a process that could have profound implications for returning soldiers.
The growing
national debate over the Iraq war
has changed the nature of the discussion over PTSD, some participants said. "It has become a pro-war-versus-antiwar issue,"
said one VA official who spoke on the condition of anonymity because politics is not supposed to enter the debate. "If we
show that PTSD is prevalent and severe, that becomes one more little reason we should stop waging war. If, on the other hand,
PTSD rates are low . . . that is convenient for the Bush administration."
As to whether budget issues and politics
are playing a role in the agency's review of PTSD diagnosis and treatment, VA spokesman Scott Hogenson said: "The debate is
over how to provide the best medical services possible for veterans."
People with PTSD have paralyzing memories of
traumatic episodes they experienced or witnessed, a range of emotional problems, and significant impairments in day-to-day
functioning. Underlying the political and budget issues, many experts acknowledged, is a broader scientific debate over how
best to diagnose trauma-related pathology, what the goal of treatment should be -- even what constitutes trauma.
Harvard
psychologist Richard J. McNally argues that the diagnosis equates sexual abuse, car accidents and concentration camps, when
they are entirely different experiences: A PTSD diagnosis has become "a way of moral claims-making," he said. "To underscore
the reprehensibility of the perpetrator, we say someone has been through a traumatic event."
Chris Frueh, director
of the VA clinic in Charleston,
S.C., said the department's disability
system encourages some veterans to exaggerate symptoms and prolong problems in order to maintain eligibility for benefits.
"We
have young men and women coming back from Iraq who are having PTSD and getting the message that this is a disorder they can't be treated for, and they will have
to be on disability for the rest of their lives," said Frueh, a professor of public psychiatry at the Medical University of
South Carolina. "My concern about the policies is that they create perverse incentives to stay ill. It is very tough to get
better when you are trying to demonstrate how ill you are."
Most veterans whom Frueh treats for PTSD are seeking disability
compensation, he said. Veterans Affairs uses a sliding scale; veterans who are granted 100 percent disability status receive
payments starting at around $2,300 a month. The VA inspector general's report found that benefit payments varied widely in
states and said that was because VA centers in some states are more likely to grant veterans 100 percent disability.
Psychiatrist
Sally Satel, who is affiliated with the conservative American Enterprise Institute, said an underground network advises veterans
where to go for the best chance of being declared disabled. The institute organized a recent meeting to discuss PTSD among
veterans.
Once veterans are declared disabled, they retain that status indefinitely, Frueh and Satel said. The system
creates an adversarial relationship between doctors and patients, in which veterans sometimes take legal action if doctors
decline to diagnose PTSD, Frueh said. The clinician added that some patients who really need help never get it because they
are unwilling to undergo the lengthy process of qualifying for disability benefits, which often requires them to repeatedly
revisit the painful episodes they experienced.
The concern by Frueh and Satel about overdiagnosis and fraud -- what
researchers call "false positives" -- has drawn the ire of veterans groups and many other mental health experts.
A
far bigger problem is the many veterans who seek help but do not get it or who never seek help, a number of experts said.
Studies have shown that large numbers of veterans with PTSD never seek treatment, possibly because of the stigma surrounding
mental illness.
"There are periodic false positives, but there are also a lot of false negatives out there," said Terence
M. Keane, one of the nation's best-known PTSD researchers, who cited a 1988 study on the numbers of veterans who do not get
treatment. "Less than one-fourth of people with combat-related PTSD have used VA-related services."
Larry Scott, who
runs the clearinghouse http://www.vawatchdog.org/ , said conservative groups are trying to cut VA disability programs by unfairly comparing them to welfare.
Compensating
people for disabilities is a cost of war, he said: "Veterans benefits are like workmen's comp. You went to war. You were injured.
Either your body or your mind was injured, and that prevents you from doing certain duties and you are compensated for that."
Scott
said Veterans Affairs' objectives were made clear in the department's request to the Institute of Medicine for a $1.3 million study to review how PTSD is diagnosed and treated. Among other things, the department
asked the institute -- a branch of the National Academies chartered by Congress to advise the government on science policy
-- to review the American Psychiatric Association's criteria for diagnosing PTSD. Effectively, Scott said, Veterans Affairs
was trying to get one scientific organization to second-guess another.
PTSD experts summoned to Philadelphia for the
two-day internal "expert panel" meeting were asked to discuss "evidence regarding validity, reliability, and feasibility"
of the department's PTSD assessment and treatment practices, according to an e-mail invitation obtained by The Washington
Post. The goal, the e-mail added, is "to improve clinical exams used to help determine benefit payments for veterans with
Post Traumatic Stress Disorder."
"What they are trying to do is figure out a way not to diagnose vets with PTSD," said
Steve Robinson, executive director of the National Gulf War Resource Center, a veterans advocacy group. "It's like telling a patient with cancer, 'if we tell you, you don't have
cancer, then you won't suffer from cancer.' "
Hogenson, the VA spokesman, said the department is not seeking to overturn
the established psychiatric criteria for diagnosing PTSD.
"We are reviewing the utility and the objectivity of the
criteria . . . and are commenting on the screening instruments used by VA," he said. "We want to make sure what we do for
screening comports with the latest information out there."
© 2005 The Washington Post Company
Respectfully,
Joseph A. Jennings III Exec. Dir. VVA "BUCKEYE" State Council
"For those that have fought for it, ' FREEDOM
' has a flavor the protected will never know"
VERY IMPORTANT - Latest on WWI Memorials, Rockefeller Park, Cultural Gardens,
Doan Brook Restoration, and Advisory Council on Historic Preservation
If new to this effort, for more details
on the project please visit http://www.citizensvision.org/friends-rp/index.htmPlease find attached the Advisory Council on Historic Preservation response to
Vietnam Veterans of America Chapter 15 regarding Doan Brook Restoration project and section 106. Also the petition is attached,
please print both pages back to back and distribute. All interested parties can sign this petition, no matter where
they reside.
Distribute this to as many people as possible and let them know that donations are being accepted to
help with a fight in court. The donation check should be made out to "The Friends of Rockefeller Park and Cleveland Cultural
Gardens" and marked legal fund in the memo area unless the donation is unspecified.
Please have the donation sent
to: Friends of Rockefeller Park and Cleveland Cultural Gardens A Committee of Citizens' Vision P.O. Box 32700 Cleveland,
Ohio 44132-0700
Respectfully,
Ray Saikus Vietnam 1968-69 173rd Airborne Brigade
Tel. (216) 378-0535 rrs@citizensvision.orgwww.citizensvision.orgFriends of Rockefeller Park and Cleveland Cultural Gardens A Committee of
Citizens' Vision P.O. Box 32700 Cleveland, Ohio 44132-0700
Respectfully,
Joseph A. Jennings III Exec. Dir. VVA "BUCKEYE" State
Council
"For those that have fought for it, ' FREEDOM
' has a flavor the protected will never know"
November 27, 2005 SECRETIVE VA LAUNCHES
NEW PTSD REVIEW By Larry Scott
Just
six days after canceling one PTSD review, the VA "sneaks in" another - Culture of secrecy makes agency designed to help veterans
their biggest foe
Over the past year, the Department of
Veterans' Affairs (VA), led by Secretary Jim Nicholson, has
turned a deaf ear to veterans and quietly made numerous decisions designed to strip veterans of benefits and compensation.
Secretary Nicholson came to the VA with no understanding
of veterans' advocacy and no experience in the healthcare sector. He had been Chairman of the Republican National Committee
and Ambassador to the Vatican. As one pundit put it, "Jim Nicholson can write a
good political bumper sticker and knows how to kiss the Pope's ring. That's about it."
But, with Secretary Nicholson at the VA helm, veterans have come to feel isolated from the agency's
decision-making processes. And, recent developments have done nothing quell that uneasy feeling.
Earlier this year, veterans were surprised by the VA's "second signature required" (SSR) policy. SSR
applied to approved claims for many "high-dollar" disabilities and stipulated that the claim be re-approved by another VA
staffer. However, if the claim was denied by the first staffer, there was no second review.
Veterans' groups claimed that a SSR policy should apply to all claims for any condition whether they
were approved or denied. The fact that the VA chose to apply SSR to disabilities with "high-dollar" compensation was proof
to many veterans that the agency was just trying to save money by denying benefits.
The SSR policy was NOT announced by the VA. Only some very good investigative work by Cheryl Reed of the Chicago
Sun-Times brought the story to light. This is just one of many instances where the VA has instituted policies detrimental
to veterans without making the actions public.
The latest
"unannounced" move by the VA is a new review of PTSD diagnosis, treatment and compensation. The VA's plans came to light on
November 16, just six days after they had canceled a review of 72,000 PTSD claims awarded at 100 percent disability. Pressure
from veterans' groups and Democrat members of Congress forced the cancellation.
The VA's new PTSD review was not announced by the VA. There was no VA press release. There was no VA
press conference. The information was not posted on the VA web site.
Information about the new PTSD review was made public in a press release by Senator Larry Craig (R-ID), Chairman
of the Senate Committee on Veterans' Affairs. The release, in part, said, "The Department of Veterans Affairs announced today
that it has contracted with the Institute of Medicine (IOM) on a two-pronged approach to the examination of PTSD."
Except, the VA hadn't announced anything. They were using Senator Craig as their conduit to hand out
the bad news. Since Craig's press releases don't have a high readership, this information has gone virtually unnoticed.
Upon reading Senator Craig's press release I! called the Public Affairs Office at the VA. They had
no knowledge of the review. I then called the Institute of Medicine. They had no knowledge of the review.
Senator Craig's office was more helpful. They forwarded the two documents the VA had sent to them.
One document is a Fact Sheet detailing the contract between the VA and the IOM. The other is a Question and Answer sheet.
(NOTE: The VA documents are available at the following URL - http://www.vawatchdog.org/newsflash/newsflash11-23-2005-3.htm )
I encourage all veterans to read the VA documents.
They detail a plan to redefine PTSD by altering diagnostic and treatment techniques that will then lead to a complete restructuring
of VA compensation. Following are a few excerpts from the VA Fact Sheet.
The IOM "...will review the utility and objectiveness of the criteria in the Diagnostic and Statistical Manual
of Mental Disorders (DSM- IV), and will comment on the validity of current screening instruments and their predictive capacity
for accurate diagnoses."
This will allow the VA to write
an alternate definition of PTSD exclusive of the DSM-IV and institute new methods of treatment outside of normally accepted
guidelines. I wonder what the American Psychiatric Association will say about this?
Also, the IOM "...will review the literature on compensation practices for PTSD...and how changes in
the frequency and intensity of symptoms affect compensation practices for PTSD; assessing how compensation practices and reevaluation
requirements for PTSD compare with other chronic conditions which have periods of remission and return of symptoms; and reviewing
strategies used to support recovery and return to function in patients with PTSD."
And, this will allow the VA to lower PTSD compensation based on "frequency and intensity of symptoms"
and "remission and return of symptoms." The VA will also be look! ing to d eny PTSD benefits based on the concept of "recovery
and return to function." VA Secretary Nicholson has often used the word "recover" (terribly close to the word "cure") when
speaking of veterans with PTSD. The IOM reviews will be completed in a year.
Also, there were two big surprises found in the Question and Answer document.
"QUESTION: Why is this
study being conducted now?
ANSWER: Over the next two years,
the [VA] Secretary and the Veterans' Disability Benefits Commission (VDBC) is (sic) closely examining compensation for all
health conditions, including PTSD."
Surprise number one
is that the VA has not announced that Secretary Nicholson is examining compensation "for ALL health conditions." Veterans
can only look forward to fewer benefits and lower compensation with Nicholson directing this endeavor.
The second surprise is Secretary Nicholson's mention of the
VDBC. The VDBC, by law, is "independent of the Department of Veterans' Affairs." However, to discover that they are coordinating
their efforts should not be a surprise. The VDBC is made up of 13 members who are currently studying all areas of VA compensation.
Nine VDBC members were appointed by Republicans. Secretary Nicholson was appointed by
President Bush.
Then there is the matter of timing. The VDBC's charter stipulates that their reports must be done by October of 2006.
But, the VDBC has also contracted with the IOM for studies that will not be complete for at least a year. They will be asking
for an extension. This means that the VDBC reports from IOM and the VA reports from IOM will be released at the same time,
well AFTER the 2006 elections. I don't believe in coincidence.
Sometime in early 2007, after the elections, VA Secretary Jim Nicholson will be armed with reports from the VDBC and
the VA's IOM studies. Expect a two-fisted attack on veterans' benefits and compensation from an administration that is the
first to shout "Support Our Troops"...until they become veterans.
From: "Paul Sutton" <ssgtusmc6169@hotmail.com> To: ssgtusmc6169@hotmail.com Subject: PTSD Case Review Hit By Tom Philpott @ Military.com Date: Tue, 04
Oct 2005 15:50:21 -0400
Senator Obama sounds like a "compassionate legislator" to me.... Paul Sutton "Dominus
Fortissima Turris"
PTSD Case Review Hit By Tom Philpott Military.com September 29, 2005
Both his grandfather
and great uncle served in World War II, said Sen. Barack Obama (D-Ill.), but only his great uncle entered a Nazi death
camp as the war came to a close. "According to the story my grandmother told," said the senator in a phone interview,
"when he got home he went up to his parents' house, into the attic, and didn't talk for about six months."
It was
an era, said Obama, in which many veterans struggled through the trauma of war, without counseling or disability pay.
Obama had several generations of veterans in mind, he suggested, when he joined with fellow Democrats Richard Durbin
( Ill. ), Patty Murray ( Wash. ) and Daniel K. Akaka ( Hawaii ) Sept. 22 on an amendment to block the Department of Veterans
Affairs from reviewing case files of 72,000 veterans rated 100-percent disabled by post-traumatic stress disorder (PTSD).
The Senate, on a voice vote, adopted the amendment to the Military Construction and Veterans Affairs Appropriation
Act (HR 2528).
The House version of the bill has no such language, so a House-Senate conference committee will
decide its fate during final negotiations on the bill.
Rep. Steve Buyer (R-Ind.), chairman of the House Veterans
Affairs Committee, declined an interview but in a written statement said, "If a veteran's claim is unfairly denied,
that is a problem. If a claim is granted in error, that is money taken from another veteran."
VA officials believe
some PTSD claims have been decided for veterans without proper documentation. They announced their massive review only
after the VA inspector general studied 2,100 randomly-selected cases of PTSD disability awards and found 25 percent
lacked documents to verify that a traumatic, service-connected incident occurred.
Given the poor staff work, VA
said that in January it would begin to review paperwork for all 100-percent disabled PTSD cases decided over five years,
from October 1999 through September 2004. In that period, the IG said, the number of veterans receiving compensation
for PTSD rose by 80 percent and annual PTSD payments rose from $1.7 billion to $4.3 billion.
But the Senate's amendment
would bar the VA from conducting its case review until it justifies the program to Congress. It also would prohibit the
VA from lowering PTSD awards except in cases of fraud. "None of us wants to see any fraud or waste in government spending,"
said Obama, who serves on the Senate Veterans Affairs Committee. "But nowhere should we be more willing to give people
the benefit of the doubt than with the brave men and women who served our country." VA, he said, "is presuming significant
fraud for people who have received 100-percent disability payments on PTSD claims. They are not conducting a comparable
survey of people whose claims were denied. What that indicates, to me at least, is there is some bias against those who
have received payments."
He noted that the original IG investigation was launched because of veterans' complaints
of wide disparities in claim award between VA regions. "There were a couple of ways the VA could have handled it. They
could have said, 'You know, this is troubling. It seems that some veterans are being shortchanged. Let's make sure
all veterans are being treated fairly and generously.' "
Instead, the VA decided to "level down rather than up"
on benefits. He predicted House conferees will concede to the Senate on this issue. "If you just think about the nature
of PTSD, imagine the number of servicemen who come back and never even bother about making a PTSD claim, despite the fact
that they've having significant trauma," Obama said. "Think about those who maybe put in a claim but weren't organized
enough to have the paperwork, and now, potentially, are going to see benefits reduced."
Obama said the rise in
PTSD payments likely reflects greater knowledge today of the disorder rather than sloppy staff work or fraud.
Respectfully,
Joseph A. Jennings III Exec. Dir. VVA "BUCKEYE" State
Council
"For those that have fought
for it, ' FREEDOM ' has a flavor the protected will never know"
Office of Senator Kimberly Zurz |
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