As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 343 5
1997-1998 6
REPRESENTATIVES PADGETT-BRADING-TIBERI-HARRIS-TERWILLEGER-TAYLOR- 8
SCHULER-OPFER-BATEMAN-REID-HEALY-OGG-KRUPINSKI-CAREY- 9
WINKLER-PRINGLE-SULZER-ROMAN 10
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A B I L L
To amend sections 5910.01 to 5910.03, 5910.032, and 14
5910.06 of the Revised Code to make corrective 15
and other changes in the War Orphans Law. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 5910.01, 5910.02, 5910.03, 20
5910.032, and 5910.06 of the Revised Code be amended to read as 21
follows:
Sec. 5910.01. As used in sections 5910.01 to 5910.07 THIS 30
CHAPTER AND SECTION 5919.34 of the Revised Code: 32
(A) "Child" includes natural and adopted children and 35
stepchildren who have not been legally adopted by the veteran
parent provided that the relationship between the stepchild and 36
the veteran parent meets the following criteria: 37
(1) The veteran parent is married to the child's natural 39
or adoptive parent at the time application for a scholarship 40
granted under this chapter is made; or if the veteran parent is 41
deceased, the child's natural or adoptive parent was married to 42
the veteran parent at the time of the veteran parent's death; 43
(2) The child resided with the veteran parent for a period 45
of not less than ten consecutive years immediately prior to 46
making application for the scholarship; or if the veteran parent 47
is deceased, the child resided with the veteran parent for a 48
period of not less than ten consecutive years immediately prior 49
to the veteran parent's death;
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(3) The child received financial support from the veteran 51
parent for a period of not less than ten consecutive years 52
immediately prior to making application for the scholarship; or 53
if the veteran parent is deceased, the child received financial 54
support from the veteran parent for a period of not less than ten 55
consecutive years immediately prior to the veteran parent's
death. 56
(B) "Veteran" includes any person who was a member of the 58
armed services of the United States for a period of ninety days 59
or more, or who was discharged from the armed services due to a 60
disability incurred while a member with less than ninety days 61
service, or who died while a member of the armed services; 62
provided that such service, disability, or death occurred during 63
one of the following periods: April 6, 1917, to November 11, 64
1918; December 7, 1941, to September 2 DECEMBER 31, 1945 1946; 66
June 25, 1950, to July 19 JANUARY 31, 1953 1955; January 1, 1960, 68
to May 7, 1975; or August 2, 1990, to the end of operations 70
conducted as a result of the invasion of Kuwait by Iraq, 71
including support for operation desert shield and operation 72
desert storm, as declared by the president of the United States 73
or the congress; OR ANY OTHER PERIOD OF CONFLICT ESTABLISHED BY 74
THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS FOR PENSION 75
PURPOSES.
(C) "Armed services of the United States" OR "UNITED 78
STATES ARMED FORCES" includes the army, air force, navy, marine 79
corps, coast guard, and such other military service branch as may 80
be designated by congress as a part of the armed forces of the 81
United States.
(D) "Board" means the Ohio war orphans scholarship board 83
created by section 5910.02 of the Revised Code. 84
(E) "Disabled" means having a sixty per cent or greater 86
service-connected disability or receiving benefits for permanent 87
and total nonservice-connected disability, as determined by the 88
veterans administration of the United States DEPARTMENT OF 89
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VETERANS AFFAIRS. 90
Sec. 5910.02. There is hereby created an Ohio war orphans 99
scholarship board consisting of seven members as follows: the 100
chancellor of the Ohio board of regents or the chancellor's 101
designee; one member of the house of representatives, appointed 104
by the speaker; one member of the senate, appointed by the 105
president of the senate; and four members appointed by the 106
governor, one of whom shall be a member REPRESENTATIVE of the 107
American Legion, one of whom shall be a member REPRESENTATIVE of 108
the Veterans of Foreign Wars, one of whom shall be a member 109
REPRESENTATIVE of the Disabled American Veterans, and one of whom 111
shall be a member REPRESENTATIVE of the AMVETS. AT LEAST NINETY 113
DAYS PRIOR TO THE EXPIRATION OF THE TERM OF OFFICE OF THE 114
REPRESENTATIVE OF A VETERANS ORGANIZATION APPOINTED BY THE 115
GOVERNOR, THE GOVERNOR SHALL NOTIFY THE STATE HEADQUARTERS OF THE 116
AFFECTED ORGANIZATION OF THE NEED FOR AN APPOINTMENT AND REQUEST 117
THE ORGANIZATION TO MAKE AT LEAST THREE NOMINATIONS. WITHIN 118
SIXTY DAYS AFTER MAKING THE REQUEST FOR NOMINATIONS, THE GOVERNOR 119
MAY MAKE THE APPOINTMENT FROM THE NOMINATIONS RECEIVED, OR MAY 120
REJECT ALL THE NOMINATIONS AND REQUEST AT LEAST THREE NEW 121
NOMINATIONS, FROM WHICH THE GOVERNOR SHALL MAKE AN APPOINTMENT 122
WITHIN THIRTY DAYS AFTER MAKING THE REQUEST FOR THE NEW 123
NOMINATIONS. IF THE GOVERNOR RECEIVES NO NOMINATIONS DURING THIS 124
THIRTY-DAY PERIOD, THE GOVERNOR MAY APPOINT ANY VETERAN. 125
Terms of office for the four members appointed by the 127
governor shall be for four years, commencing on the first day of 128
January and ending on the thirty-first day of December, except 129
that upon expiration of the term ending March 29 OF THE AMVETS 131
REPRESENTATIVE SHALL EXPIRE DECEMBER 31, 1976 1998, AND the new 132
term which THAT succeeds it shall commence on March 30 JANUARY 1, 134
1976 1999, and end on December 31, 1979 2002. Each member shall 135
hold office from the date of the member's appointment until the 137
end of the term for which the member was appointed. The other 138
members shall serve during their terms of office. Any vacancy 140
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shall be filled by appointment in the same manner as by original 141
appointment. Any member appointed to fill a vacancy occurring 142
prior to the expiration of the term for which the member's 143
predecessor was appointed shall hold office for the remainder of 145
such term. Any appointed member shall continue in office 146
subsequent to the expiration date of the member's term until the 147
member's successor takes office, or until a period of sixty days 148
has elapsed, whichever occurs first. The members of the board 149
shall serve without pay but shall be reimbursed for travel 150
expenses and for other actual and necessary expenses incurred in 151
the performance of their duties, not to exceed ten dollars per 152
day for ten days in any one year to be appropriated out of any 153
moneys in the state treasury to the credit of the general revenue 154
fund.
The chancellor of the board of regents shall act as 156
secretary to the board and shall furnish such clerical and other 159
assistance as may be necessary to the performance of the duties 160
of the board.
The board shall determine the number of scholarships to be 162
made available, receive applications for scholarships, pass upon 163
the eligibility of applicants, decide which applicants are to 164
receive scholarships, and do all other things necessary for the 165
proper administration of sections 5910.01 to 5910.07 of the 166
Revised Code THIS CHAPTER. 167
Sec. 5910.03. Scholarships shall be granted only to 176
children of deceased or disabled veterans of the armed services 177
of the United States. To be eligible for a scholarship, such 178
child shall:
(A) At the time of application, have attained the 180
sixteenth, but not the twenty-first, birthday; 181
(B) At the time of application, if a child of a veteran 183
who entered the armed services: 184
(1) As a legal resident of Ohio, have resided in the state 186
for the last preceding year; 187
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(2) Not as a legal resident of Ohio, have resided in the 190
state for the year preceding the year in which application for
the scholarship is made and any other four of the last ten years; 192
(C) Be in financial need, as determined by the board; 194
(D) Be recommended by the principal of a high school the 196
child has attended. 197
Sec. 5910.032. (A) A war orphans scholarship, as provided 206
under sections 5910.01 to 5910.06 of the Revised Code, shall be 207
granted to the child of any person who, in the course of 208
honorable service in the armed services of the United States, was 209
declared by the United States department of defense to be a
prisoner of war or missing in action as a result of the United 210
States' participation in armed conflict in southeast Asia on or 211
after January 1, 1960, and who at the time of entry into the 213
armed services of the United States, or at the time he THE PERSON 214
was declared to be a prisoner of war or missing in action, was a 216
resident of Ohio. Such scholarships shall be in addition to the 217
total number of scholarships provided under section 5910.05 of 218
the Revised Code. Notwithstanding section 5910.03 of the Revised 219
Code, scholarships provided under this section shall be made to 220
any such child who, at the time of application, has attained his 221
THE sixteenth, but not his THE twenty-first birthday. The 223
termination of a child's parent or guardian's status as a
prisoner of war or being missing in action does not affect such 224
child's eligibility for the benefit provided by this section. 225
(B) Scholarships provided under this section shall consist 227
of either of the following: 228
(1) A scholarship of the type described in division (A) of 230
section 5910.04 of the Revised Code together with reasonable and 231
necessary expenses for room, board, books, and laboratory fees. 232
The additional amount for such expenses shall be paid from moneys 233
appropriated by the general assembly for such purpose. 234
(2) A scholarship of the type described in division (B) of 236
section 5910.04 of the Revised Code together with an additional 237
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grant equal to the average value of the reasonable and necessary 238
expenses granted under division (B)(1) of this section during the 239
preceding year for room, board, books, and laboratory fees. The 240
additional grant shall be paid from moneys appropriated by the
general assembly for such purpose, and shall be paid to the child 241
through the institution in which he THE CHILD is enrolled. In no 242
case shall the additional grant exceed the amount actually 244
expended by the child for room, board, books, and laboratory 245
fees.
Sec. 5910.06. The Ohio war orphans scholarship board shall 254
make a complete report of its administration of sections 5910.01 255
to 5910.07 of the Revised Code THIS CHAPTER, to each first 256
regular session of the general assembly. 257
Section 2. That existing sections 5910.01, 5910.02, 259
5910.03, 5910.032, and 5910.06 of the Revised Code are hereby 260
repealed.