As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                             Am. H. B. No. 343   5            

      1997-1998                                                    6            


REPRESENTATIVES PADGETT-BRADING-TIBERI-HARRIS-TERWILLEGER-TAYLOR-  8            

  SCHULER-OPFER-BATEMAN-REID-HEALY-OGG-KRUPINSKI-CAREY-WINKLER-    9            

    PRINGLE-SULZER-ROMAN-BRADY-BRITTON-MILLER-GARCIA-JOHNSON-      10           

   GRENDELL-HOUSEHOLDER-TAVARES-COLONNA-MOTTLEY-MALLORY-SAWYER     11           


                                                                   13           

                           A   B I L L                                          

             To amend sections 5910.01 to 5910.03, 5910.032, and   15           

                5910.06 of the Revised Code to make corrective     16           

                and other changes in the War Orphans  Law.         17           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        19           

      Section 1.  That sections 5910.01, 5910.02, 5910.03,         21           

5910.032, and 5910.06 of the Revised Code be amended to read as    22           

follows:                                                                        

      Sec. 5910.01.  As used in sections 5910.01 to 5910.07 THIS   31           

CHAPTER AND SECTION 5919.34 of the Revised Code:                   33           

      (A)  "Child" includes natural and adopted children and       36           

stepchildren who have not been legally adopted by the veteran                   

parent provided that the relationship between the stepchild and    37           

the veteran parent meets the following criteria:                   38           

      (1)  The veteran parent is married to the child's natural    40           

or adoptive parent at the time application for a scholarship       41           

granted under this chapter is made; or if the veteran parent is    42           

deceased, the child's natural or adoptive parent was married to    43           

the veteran parent at the time of the veteran parent's death;      44           

      (2)  The child resided with the veteran parent for a period  46           

of not less than ten consecutive years immediately prior to        47           

making application for the scholarship; or if the veteran parent   48           

is deceased, the child resided with the veteran parent for a       49           

period of not less than ten consecutive years immediately prior    50           

                                                          2      

                                                                 
to the veteran parent's death;                                                  

      (3)  The child received financial support from the veteran   52           

parent for a period of not less than ten consecutive years         53           

immediately prior to making application for the scholarship; or    54           

if the veteran parent is deceased, the child received financial    55           

support from the veteran parent for a period of not less than ten  56           

consecutive years immediately prior to the veteran parent's                     

death.                                                             57           

      (B)  "Veteran" includes any person who was a member of the   59           

armed services of the United States for a period of ninety days    60           

or more, or who was discharged from the armed services due to a    61           

disability incurred while a member with less than ninety days'     62           

service, or who died while a member of the armed services;         63           

provided that such service, disability, or death occurred during   64           

one of the following periods:  April 6, 1917, to November 11,      65           

1918; December 7, 1941, to September 2 DECEMBER 31, 1945 1946;     67           

June 25, 1950, to July 19 JANUARY 31, 1953 1955; January 1, 1960,  69           

to May 7, 1975; or August 2, 1990, to the end of operations        71           

conducted as a result of the invasion of Kuwait by Iraq,           72           

including support for operation desert shield and operation        73           

desert storm, as declared by the president of the United States    74           

or the congress; OR ANY OTHER PERIOD OF CONFLICT ESTABLISHED BY    75           

THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS FOR PENSION       76           

PURPOSES.                                                                       

      (C)  "Armed services of the United States" OR "UNITED        79           

STATES ARMED FORCES" includes the army, air force, navy, marine    80           

corps, coast guard, and such other military service branch as may  81           

be designated by congress as a part of the armed forces of the     82           

United States.                                                                  

      (D)  "Board" means the Ohio war orphans scholarship board    84           

created by section 5910.02 of the Revised Code.                    85           

      (E)  "Disabled" means having a sixty per cent or greater     87           

service-connected disability or receiving benefits for permanent   88           

and total nonservice-connected disability, as determined by the    89           

                                                          3      

                                                                 
veterans administration of the United States DEPARTMENT OF         90           

VETERANS AFFAIRS.                                                  91           

      Sec. 5910.02.  There is hereby created an Ohio war orphans   100          

scholarship board consisting of seven members as follows:  the     101          

chancellor of the Ohio board of regents or the chancellor's        102          

designee; one member of the house of representatives, appointed    105          

by the speaker; one member of the senate, appointed by the         106          

president of the senate; and four members appointed by the         107          

governor, one of whom shall be a member REPRESENTATIVE of the      108          

American Legion, one of whom shall be a member REPRESENTATIVE of   109          

the Veterans of Foreign Wars, one of whom shall be a member        110          

REPRESENTATIVE of the Disabled American Veterans, and one of whom  112          

shall be a member REPRESENTATIVE of the AMVETS.  AT LEAST NINETY   114          

DAYS PRIOR TO THE EXPIRATION OF THE TERM OF OFFICE OF THE          115          

REPRESENTATIVE OF A VETERANS ORGANIZATION APPOINTED BY THE         116          

GOVERNOR, THE GOVERNOR SHALL NOTIFY THE STATE HEADQUARTERS OF THE  117          

AFFECTED ORGANIZATION OF THE NEED FOR AN APPOINTMENT AND REQUEST   118          

THE ORGANIZATION TO MAKE AT LEAST THREE NOMINATIONS.  WITHIN       119          

SIXTY DAYS AFTER MAKING THE REQUEST FOR NOMINATIONS, THE GOVERNOR  120          

MAY MAKE THE APPOINTMENT FROM THE NOMINATIONS RECEIVED, OR MAY     121          

REJECT ALL THE NOMINATIONS AND REQUEST AT LEAST THREE NEW          122          

NOMINATIONS, FROM WHICH THE GOVERNOR SHALL MAKE AN APPOINTMENT     123          

WITHIN THIRTY DAYS AFTER MAKING THE REQUEST FOR THE NEW            124          

NOMINATIONS.  IF THE GOVERNOR RECEIVES NO NOMINATIONS DURING THIS  125          

THIRTY-DAY PERIOD, THE GOVERNOR MAY APPOINT ANY VETERAN.           126          

      Terms of office for the four members appointed by the        128          

governor shall be for four years, commencing on the first day of   129          

January and ending on the thirty-first day of December, except     130          

that upon expiration of the term ending March 29 OF THE AMVETS     132          

REPRESENTATIVE SHALL EXPIRE DECEMBER 31, 1976 1998, AND the new    133          

term which THAT succeeds it shall commence on March 30 JANUARY 1,  135          

1976 1999, and end on December 31, 1979 2002.  Each member shall   136          

hold office from the date of the member's appointment until the    138          

end of the term for which the member was appointed.  The other     139          

                                                          4      

                                                                 
members shall serve during their terms of office.  Any vacancy     141          

shall be filled by appointment in the same manner as by original   142          

appointment.  Any member appointed to fill a vacancy occurring     143          

prior to the expiration of the term for which the member's         144          

predecessor was appointed shall hold office for the remainder of   146          

such term.  Any appointed member shall continue in office          147          

subsequent to the expiration date of the member's term until the   148          

member's successor takes office, or until a period of sixty days   149          

has elapsed, whichever occurs first.  The members of the board     150          

shall serve without pay but shall be reimbursed for travel         151          

expenses and for other actual and necessary expenses incurred in   152          

the performance of their duties, not to exceed ten dollars per     153          

day for ten days in any one year to be appropriated out of any     154          

moneys in the state treasury to the credit of the general revenue  155          

fund.                                                                           

      The chancellor of the board of regents shall act as          157          

secretary to the board and shall furnish such clerical and other   160          

assistance as may be necessary to the performance of the duties    161          

of the board.                                                                   

      The board shall determine the number of scholarships to be   163          

made available, receive applications for scholarships, pass upon   164          

the eligibility of applicants, decide which applicants are to      165          

receive scholarships, and do all other things necessary for the    166          

proper administration of sections 5910.01 to 5910.07 of the        167          

Revised Code THIS CHAPTER.                                         168          

      Sec. 5910.03.  Scholarships shall be granted only to         177          

children of deceased or disabled veterans of the armed services    178          

of the United States.  To be eligible for a scholarship, such      179          

child shall:                                                                    

      (A)  At the time of application, have attained the           181          

sixteenth, but not the twenty-first, birthday;                     182          

      (B)  At the time of application, if a child of a veteran     184          

who entered the armed services:                                    185          

      (1)  As a legal resident of Ohio, have resided in the state  187          

                                                          5      

                                                                 
for the last preceding year;                                       188          

      (2)  Not as a legal resident of Ohio, have resided in the    191          

state for the year preceding the year in which application for                  

the scholarship is made and any other four of the last ten years;  193          

      (C)  Be in financial need, as determined by the board;       195          

      (D)  Be recommended by the principal of a high school the    197          

child has attended.                                                198          

      Sec. 5910.032.  (A)  A war orphans scholarship, as provided  207          

under sections 5910.01 to 5910.06 of the Revised Code, shall be    208          

granted to the child of any person who, in the course of           209          

honorable service in the armed services of the United States, was  210          

declared by the United States department of defense to be a                     

prisoner of war or missing in action as a result of the United     211          

States' participation in armed conflict in southeast Asia on or    212          

after January 1, 1960, and who at the time of entry into the       214          

armed services of the United States, or at the time he THE PERSON  215          

was declared to be a prisoner of war or missing in action, was a   217          

resident of Ohio.  Such scholarships shall be in addition to the   218          

total number of scholarships provided under section 5910.05 of     219          

the Revised Code.  Notwithstanding section 5910.03 of the Revised  220          

Code, scholarships provided under this section shall be made to    221          

any such child who, at the time of application, has attained his   222          

THE sixteenth, but not his THE twenty-first, birthday.  The        224          

termination of a child's parent or guardian's status as a                       

prisoner of war or being missing in action does not affect such    225          

child's eligibility for the benefit provided by this section.      226          

      (B)  Scholarships provided under this section shall consist  228          

of either of the following:                                        229          

      (1)  A scholarship of the type described in division (A) of  231          

section 5910.04 of the Revised Code together with reasonable and   232          

necessary expenses for room, board, books, and laboratory fees.    233          

The additional amount for such expenses shall be paid from moneys  234          

appropriated by the general assembly for such purpose.             235          

      (2)  A scholarship of the type described in division (B) of  237          

                                                          6      

                                                                 
section 5910.04 of the Revised Code together with an additional    238          

grant equal to the average value of the reasonable and necessary   239          

expenses granted under division (B)(1) of this section during the  240          

preceding year for room, board, books, and laboratory fees.  The   241          

additional grant shall be paid from moneys appropriated by the                  

general assembly for such purpose, and shall be paid to the child  242          

through the institution in which he THE CHILD is enrolled.  In no  243          

case shall the additional grant exceed the amount actually         245          

expended by the child for room, board, books, and laboratory       246          

fees.                                                                           

      Sec. 5910.06.  The Ohio war orphans scholarship board shall  255          

make a complete report of its administration of sections 5910.01   256          

to 5910.07 of the Revised Code THIS CHAPTER, to each first         257          

regular session of the general assembly.                           258          

      Section 2.  That existing sections 5910.01, 5910.02,         260          

5910.03, 5910.032, and 5910.06 of the Revised Code are hereby      261          

repealed.