OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 59 Final Analysis
134th General Assembly
Click here for S.B. 59’s Fiscal Note
Version: As Passed by the General Assembly
Primary Sponsor: Sen. Schaffer
Effective date: March 23, 2022
Effective Date:
Daniel DeSantis, Research Analyst UPDATED VERSION
SUMMARY
Designates the act as the Ohio Veterans’ Heritage Protection Act.
Prohibits a war relic that is located on public property or on the property of a cemetery
association from being sold, purchased, or otherwise disposed of by any person.
Prohibits a war relic that is located on public property or on the property of a cemetery
association from being destroyed, altered, or otherwise disturbed by any person, except
under certain circumstances.
Allows the owner of a war relic to permanently move the war relic, as long as it remains
on public property or the property of the cemetery association.
Exempts the state and a political subdivision from the act’s prohibitions if it can clearly
prove ownership of a war relic by written documentation.
Exempts a governmental agency, the state, or a political subdivision from being fined for
destroying, altering, or otherwise disturbing a war relic.
Generally, establishes that a violation of the act is an unclassified misdemeanor, and
authorizes the court to order offenders to pay proceeds from a sale, or fines assessed by
the court, to the Ohio History Connection.
Requires that fines paid to the Ohio History Connection be expended only for the
preservation of war relics.
This version updates the effective date.
December 29, 2021
Office of Research and Drafting LSC Legislative Budget Office
Authorizes the Ohio History Connection, with the help of local historical societies, to
compile and maintain a registry of war relics.
DETAILED ANALYSIS
What is a war relic?
Under the act, a “war relic” is a cannon or other artillery, from the era of a war, that was
used by forces of the American colonies, of the U.S. federal government, or of any state in
support of the U.S; or a statue, monument, memorial, or plaque that has been erected for, or
named or dedicated in honor of, an individual’s or group of individuals’ service with those
forces.
“War” means the French and Indian War, American Revolution, War of 1812, United
States-Mexican War, American Civil War 1861-1865, Spanish-American War, the Mexican
border period, World War I, World War II, Korean conflict, Vietnam era, Operation Urgent Fury
(Grenada), Operation El Dorado Canyon (Libya), Operation Just Cause (Panama), Operation
Desert Shield/Desert Storm (Persian Gulf War I), Operation Enduring Freedom (Afghanistan),
Operation Iraqi Freedom (Persian Gulf War II), any subsequent declaration of war by Congress,
or any subsequent armed conflict in which the U.S. is engaged.1
Prohibitions
The act is designated the Ohio Veterans’ Heritage Protection Act.2 It prohibits any
person from doing the following:
1. Selling or otherwise disposing of a war relic that is located on public property (property
owned or leased by the state or a political subdivision) or on the property of a cemetery
association;
2. Purchasing a war relic;
3. Destroying, altering, or otherwise disturbing a war relic that is located on public
property or on the property of a cemetery association, except that the person
responsible for maintaining the war relic may relocate, remove, alter, or otherwise
disturb the war relic to preserve, care for, repair, or restore it, to place it in a temporary
public display, or to use it in war re-enactments.3
The act does not apply to the state or a political subdivision if it can clearly prove
ownership, by written documentation, of a war relic. Furthermore, a governmental agency, the
1 R.C. 155.28(A).
2 Section 3 of the act.
3 R.C. 155.28(A) and (B).
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state, or a political subdivision of the state may not be fined for violating prohibition (3), above
(see also “Penalties and fines,” below).4
Under the act, the owner of a war relic may permanently relocate the war relic so long
as it remains on the owner’s public property or property of the owner’s cemetery association.5
Exception
An exception to the three prohibitions is that a government agency, the state, a political
subdivision, or a cemetery association that wishes to dispossess a war relic that is located on
public property or on the property of a cemetery association may give the war relic to the
federal government. If the federal government does not accept the war relic, it must be given
to the Ohio History Connection. But if the Ohio History Connection does not accept the war
relic, it must be given to the Sons of Union Veterans of the Civil War, Department of Ohio, or, if
the war relic is not of the civil war era, it must be given to any congressionally chartered
veterans’ service organization at the discretion of the Ohio History Connection.6
Penalties and fines
A seller who knowingly (see “Knowingly” below) violates the prohibition against
selling or otherwise disposing of a war relic is guilty of an unclassified misdemeanor. The court
must order the offender to pay any money received from selling or otherwise disposing of the
war relic to the Ohio History Connection.7
A purchaser who knowingly violates the prohibition against purchasing a war relic is
guilty of an unclassified misdemeanor. The court may order the offender to pay a fine of up to
$10,000 to the Ohio History Connection. And the court must order the offender to return the
war relic to the seller.8
Any person, other than a governmental agency, the state, or a political subdivision of
the state, who knowingly violates the prohibition against destroying, altering, or otherwise
disturbing a war relic is guilty of an unclassified misdemeanor. The court must institute a right
to cure period of 90 days to restore the war relic to its prior condition and location. Upon
expiration of the right to cure period, the court may order an offender who has not cured the
violation to pay a fine of up to $10,000 to the Ohio History Connection.9
4 R.C. 155.28(D).
5 R.C. 155.28(B)(3).
6 R.C. 155.28(C).
7 R.C. 155.28(B)(1) and 155.99(C).
8 R.C. 155.28(B)(2) and 155.99(D).
9 R.C. 155.28(B)(3) and (D) and 155.99(E).
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Knowingly
Under continuing Ohio law, the culpable mental state of “knowingly” is defined as
follows:
A person acts knowingly, regardless of purpose, when the person
is aware that the person’s conduct will probably cause a certain
result or will probably be of a certain nature. A person has
knowledge of circumstances when the person is aware that such
circumstances probably exist. When knowledge of the existence
of a particular fact is an element of an offense, such knowledge is
established if a person subjectively believes that there is a high
probability of its existence and fails to make inquiry or acts with a
conscious purpose to avoid learning the fact.10
Ohio History Connection
The act authorizes the Ohio History Connection, with the help of local historical
societies, to compile and maintain a registry of war relics that are located on public property or
on the property of a cemetery association.11
All fines collected by the Ohio History Connection under the act may only be spent on
the preservation of war relics.12
HISTORY
Action Date
Introduced 02-09-21
Reported, S. Veterans & Public Safety 03-10-21
Passed Senate (32-0) 04-28-21
Reported, H. Armed Services & Veterans Affairs 06-24-21
Re-referred, H. Rules and Reference 10-06-21
Re-referred, H. Armed Services & Veterans Affairs 10-12-21
Re-reported, H. Armed Services & Veterans Affairs 11-01-21
Passed House (88-0) 11-17-21
Senate concurred in House amendments (33-0) 12-08-21
21-SB59-UPDATED-134/ec
10 R.C. 2901.22(B), not in the act.
11 R.C. 149.30.
12 R.C. 149.30.
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As Passed by the General Assembly
Statutes affected: As Introduced: 149.30, 155.99
As Reported By Senate Committee: 149.30, 155.99
As Passed By Senate: 149.30, 155.99
As Reported By House Committee: 149.30, 155.99
As Re-referred to House Committee: 149.30, 155.99
As Re-reported By House Committee: 149.30, 155.99
As Passed By House: 149.30, 155.99
As Enrolled: 149.30, 155.99