The board of commissioners created by section 8
of Article VIII of the Ohio Constitution shall, forthwith
upon the adoption of this amendment, proceed to
issue and sell, from time to time, bonds or notes of the
state in such amounts of face value as are necessary
to provide the funds, or such part thereof, as may be
required to pay the compensation and the expenses of
administering this section. The aggregate face value
of bonds or notes so issued shall not exceed three hundred
million dollars. The full faith and credit of the
state is hereby pledged for the payment of such bonds
or notes.
All bonds or notes so issued shall mature in not more
than fifteen years commencing not later than two years
after the respective dates thereof. The bonds or notes
shall mature according to schedules set forth by the
commissioners but shall not mature more than fifteen
years after the date of issue. No bonds or notes shall
be issued or bear dates later than the first day of April,
1977.
All bonds or notes shall bear interest at such rates as
the commissioners determine and shall be payable
semiannually. Such bonds or notes, and the interest
thereon are exempt from all taxes levied by the state
or any taxing district thereof. At the option of the commissioners,
the bonds or notes may be issued subject
to call on any interest payment date at par and accrued
interest.
All sales of such bonds or notes by the commissioners
shall be in accordance with such regulations as the
commission adopts and promulgates. Such bonds or
notes shall be sold only to the highest bidder or bidders
after notice of sale has been published once each
week for three consecutive weeks on the same day of
each week, the first of such notices being published at
least twenty-one full days before the date of sale, in a
newspaper of general circulation in each of the eight
most populous counties in the state. Notices shall state
the day, hour and place of the sale, the total face value
of the bonds or notes to be sold, their denominations,
dates, and the dates of their maturities, information
relative to the rates of interest that the bonds or notes
will bear, and the dates upon which interest will be
payable. The commissioners may reject any or all bids
and re-advertise and re-offer bonds or notes for sale.
Out of the proceeds of the sale of all bonds or notes,
that amount that represents accrued interest, if any,
shall be paid into the state treasury into a fund to be
known as the Vietnam Conflict Compensation Bond
Retirement Fund, and the balance shall be paid into the
state treasury into a fund to be known as the Vietnam
Conflict Compensation Fund. The General Assembly
may appropriate and cause to be paid into the Vietnam
Conflict Compensation Bond Retirement Fund
or the Vietnam Conflict Compensation Fund, out of
the funds in the treasury not otherwise appropriated,
such amount as is proper for use, upon order of the
commissioners for the purposes for which such funds
are created. If the General Assembly appropriates any
funds to the Vietnam Conflict Compensation Fund prior
to the time the commissioners have issued bonds or
notes of the aggregate amount of face value authorized
in this section, the aggregate amount of face value of
bonds or notes so authorized to be issued shall be reduced
by the amount of the funds so appropriated.
On or before the first day of July in each calendar year,
the commissioners shall certify to the auditor of state
the total amount of funds it determines is necessary
to provide, together with all other money that will be
available in the Vietnam Conflict Compensation Bond
Retirement Fund, for the retirement of bonds or notes
and the payment of interest in the ensuing calendar
year. The auditor of state shall transfer from the state
general revenue fund to the Vietnam Conflict Compensation
Bond Retirement Fund, without appropriation,
an amount equal to the amount so certified. The Vietnam
Conflict Compensation Bond Retirement Fund
shall be paid out without appropriation by the General
Assembly, upon the order of the commissioners for the
purpose of the payment, or retirement in other manner,
of said bonds or notes and interest thereon.
The Vietnam Conflict Compensation Fund shall be
paid out upon order of the commissioners, without
appropriation by the General Assembly, in payment
of the expenses of administering this section, and as
compensation as follows: every person, except persons
ordered to active duty for training only, who has
served on active duty in the armed forces of the United
States at any time between August 5, 1964 and July 1,
1973, or who has served on active duty in the armed
forces of the United States in Vietnam service, and
who, at the time of commencing such service, was and
had been a resident of the state for at least one year
immediately preceding the commencement of such
service, and (1) who was separated from such service
under honorable conditions, (2) who is still in such
service, or (3) who has been retired, is entitled to receive
compensation of ten dollars for each month during
which such person was in active domestic service
during the compensable period, fifteen dollars for each
month during which such person was in active foreign
service, but not Vietnam service, during the compensable
period, and twenty dollars for each month during
which such person was in active Vietnam service. The
maximum amount of cash payable to any qualified applicant,
unless such applicant qualifies for a payment
based upon missing in action or prisoner of war status
or unless such applicant qualifies for a survivor’s payment,
is five hundred dollars. No compensation shall
be paid under this section to any person who received
from another state a bonus or compensation of a like
nature or to any person who has not served on active
duty in the armed forces of the United States during
the compensable period for at least ninety days unless
active duty within such compensable period was
terminated as a result of injuries or illness sustained
in Vietnam service. Compensation for a fraction of a
month of service shall be paid on the basis of onethirtieth
of the appropriate monthly amounts for each
day of such service. Persons medically discharged or
medically retired from service due to combat related
disabilities sustained in Vietnam service shall be paid
five hundred dollars. Service in the Merchant Marine
of the United States shall not be considered for the purpose
of this section. As used in this section “domestic
service” means service within the territorial limits of
the fifty states, excluding sea duty; “foreign service”
means service in all other places, excluding Vietnam
service; and “Vietnam service” means military service
within the Republic of Vietnam during the period
between February 28, 1961 through July 1, 1973 or
military service in southeast Asia for which hostile fire
pay was awarded pursuant to Title 37, Section 310,
United States Code, during the period February 28,
1961 through July 1, 1973.
No compensation shall be paid under this section to
any person for any periods of time spent under penal
confinement during the period of active duty.
Either the surviving spouse, or the surviving child or
children, or the surviving parents, including persons
standing in loco parentis for one year preceding commencement
of service in the armed forces of the United
States, of a deceased person shall be paid the same
amount of compensation that the deceased would have
been entitled to receive under this section, if living. If
such deceased person’s death is determined by the Veterans
Administration of the United States to have been
the result of injuries or illness sustained in Vietnam
service his survivors as herein designated, are entitled
to one thousand dollars, regardless of the amount of
compensation which the deceased would have been
entitled to receive under this section, if living. The
amount of compensation payable to such survivors
shall be payable only to one of the three groups of
survivors herein designated in the order in which said
groups are named.
Every person designated by the United States Department
of Defense as missing in action as a result of
honorable service or as held in enemy captivity or who
is the spouse, or the child, or the parent, including persons
standing in loco parentis for one year preceding
commencement of service, of a person designated by
the Department of Defense as missing in action as a
result of honorable service or held in enemy captivity,
is entitled to one thousand dollars in lieu of other
cash benefits payable under this section. The amount
of compensation payable to such claimants for such
missing or captive person shall be payable only to one
of the groups of claimants herein designated in the
order in which said groups are named. No payment
to any survivor of a person designated as missing in
action as a result of honorable service or held in enemy
captivity, while such person is held captive or is
missing in action, shall prevent such missing or captive person from claiming and receiving a bonus of an
equal amount upon his being released or located.
The General Assembly shall provide by law for an
educational assistance bonus which may be taken in
lieu of the cash bonus by any person who served on
active duty in the armed forces of the United States
and who qualifies for a cash bonus under this section.
The educational assistance bonus shall offer financial
assistance at any educational institution deemed appropriate
by the General Assembly. Such financial
assistance shall be equal to twice the amount of the
cash bonus for which such person qualifies under this
section.
No sale or assignment of any right or claim to compensation
under this section shall be valid, no claims
of creditors shall be enforceable against rights or
claims to or payments of compensation under this section,
and no fees shall be charged for services in connection
with the prosecution of any right or claim to
compensation or the collection of any compensation
under this section.
The commissioners shall have complete charge of
making payments of the compensation provided for
in this section and shall adopt and promulgate regulations
governing their procedure in connection therewith,
including determinations as to who are proper
beneficiaries and the amounts to which such beneficiaries
are entitled, determinations as to whether an applicant
has the necessary residence requirements, and
such other regulations that are necessary and proper.
All applications for payment of compensation or educational
bonuses under this section shall be made to
the commissioners before January 1, 1978.
The commissioners shall select and appoint such legal
counsel and employees as are necessary, fix their
compensation and prescribe their duties, and all such
appointees shall serve at its pleasure. When practical,
the commissioners shall employ Vietnam veterans to
fill such positions.
The commissioners shall permit review of individual
records of claims by representatives of recognized veterans
organizations when authorized to do so by the
applicant.
There is hereby transferred to the Vietnam Conflict
Compensation Fund, for the purpose of defraying the
immediate cost of administration and compensation,
out of the funds known as the “Korean Conflict Compensation
Fund” and the “Korean Conflict Compensation
Bond Retirement Fund” created by Section 2d of
Article VIII of the Ohio Constitution, the balance remaining
after provision for payment of all outstanding
bonds or notes, coupons, and charges.
The people of this state declare it to be their intention
to in no manner affect or change any of the existing
provisions of the constitution except as herein set forth.
The provisions of this section shall be self executing.
Upon payment of all valid claims for cash
compensation made within the limitations of time as
prescribed herein, the commissioners may transfer any
funds in the Vietnam Conflict Compensation Fund to
the Vietnam Conflict Compensation Bond Retirement
Fund.
Upon retirement of all of the bonds or notes that may
be issued hereunder and the payment of all valid claims
for cash compensation made within the limitations of
time as prescribed herein, the commissioners of the
sinking fund shall make a final report to the General
Assembly, and any balance remaining in any of the
funds herein created and referred to shall be disposed
of as shall be provided by law.
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