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.