As Reported by the Senate State and Local Government 1
and Veterans Affairs Committee 2
122nd General Assembly 5
Regular Session Am. H. B. No. 343 6
1997-1998 7
REPRESENTATIVES PADGETT-BRADING-TIBERI-HARRIS-TERWILLEGER-TAYLOR- 9
SCHULER-OPFER-BATEMAN-REID-HEALY-OGG-KRUPINSKI-CAREY-WINKLER- 10
PRINGLE-SULZER-ROMAN-BRADY-BRITTON-MILLER-GARCIA-JOHNSON- 11
GRENDELL-HOUSEHOLDER-TAVARES-COLONNA-MOTTLEY-MALLORY-SAWYER- 12
SENATORS SCHAFRATH-BLESSING-ZALESKI 13
14
A B I L L
To amend sections 5910.01 to 5910.03, 5910.032, and 16
5910.06 of the Revised Code to make corrective 17
and other changes in the War Orphans Law. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 5910.01, 5910.02, 5910.03, 22
5910.032, and 5910.06 of the Revised Code be amended to read as 23
follows:
Sec. 5910.01. As used in sections 5910.01 to 5910.07 THIS 32
CHAPTER AND SECTION 5919.34 of the Revised Code: 34
(A) "Child" includes natural and adopted children and 37
stepchildren who have not been legally adopted by the veteran
parent provided that the relationship between the stepchild and 38
the veteran parent meets the following criteria: 39
(1) The veteran parent is married to the child's natural 41
or adoptive parent at the time application for a scholarship 42
granted under this chapter is made; or if the veteran parent is 43
deceased, the child's natural or adoptive parent was married to 44
the veteran parent at the time of the veteran parent's death; 45
(2) The child resided with the veteran parent for a period 47
of not less than ten consecutive years immediately prior to 48
making application for the scholarship; or if the veteran parent 49
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is deceased, the child resided with the veteran parent for a 50
period of not less than ten consecutive years immediately prior 51
to the veteran parent's death;
(3) The child received financial support from the veteran 53
parent for a period of not less than ten consecutive years 54
immediately prior to making application for the scholarship; or 55
if the veteran parent is deceased, the child received financial 56
support from the veteran parent for a period of not less than ten 57
consecutive years immediately prior to the veteran parent's
death. 58
(B) "Veteran" includes any person who was a member of the 60
armed services of the United States for a period of ninety days 61
or more, or who was discharged from the armed services due to a 62
disability incurred while a member with less than ninety days' 63
service, or who died while a member of the armed services; 64
provided that such service, disability, or death occurred during 65
one of the following periods: April 6, 1917, to November 11, 66
1918; December 7, 1941, to September 2 DECEMBER 31, 1945 1946; 68
June 25, 1950, to July 19 JANUARY 31, 1953 1955; January 1, 1960, 70
to May 7, 1975; or August 2, 1990, to the end of operations 72
conducted as a result of the invasion of Kuwait by Iraq, 73
including support for operation desert shield and operation 74
desert storm, as declared by the president of the United States 75
or the congress; OR ANY OTHER PERIOD OF CONFLICT ESTABLISHED BY 76
THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS FOR PENSION 77
PURPOSES.
(C) "Armed services of the United States" OR "UNITED 80
STATES ARMED FORCES" includes the army, air force, navy, marine 81
corps, coast guard, and such other military service branch as may 82
be designated by congress as a part of the armed forces of the 83
United States.
(D) "Board" means the Ohio war orphans scholarship board 85
created by section 5910.02 of the Revised Code. 86
(E) "Disabled" means having a sixty per cent or greater 88
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service-connected disability or receiving benefits for permanent 89
and total nonservice-connected disability, as determined by the 90
veterans administration of the United States DEPARTMENT OF 91
VETERANS AFFAIRS. 92
Sec. 5910.02. There is hereby created an Ohio war orphans 101
scholarship board consisting of seven members as follows: the 102
chancellor of the Ohio board of regents or the chancellor's 103
designee; one member of the house of representatives, appointed 106
by the speaker; one member of the senate, appointed by the 107
president of the senate; and four members appointed by the 108
governor, one of whom shall be a member REPRESENTATIVE of the 109
American Legion, one of whom shall be a member REPRESENTATIVE of 110
the Veterans of Foreign Wars, one of whom shall be a member 111
REPRESENTATIVE of the Disabled American Veterans, and one of whom 113
shall be a member REPRESENTATIVE of the AMVETS. AT LEAST NINETY 115
DAYS PRIOR TO THE EXPIRATION OF THE TERM OF OFFICE OF THE 116
REPRESENTATIVE OF A VETERANS ORGANIZATION APPOINTED BY THE 117
GOVERNOR, THE GOVERNOR SHALL NOTIFY THE STATE HEADQUARTERS OF THE 118
AFFECTED ORGANIZATION OF THE NEED FOR AN APPOINTMENT AND REQUEST 119
THE ORGANIZATION TO MAKE AT LEAST THREE NOMINATIONS. WITHIN 120
SIXTY DAYS AFTER MAKING THE REQUEST FOR NOMINATIONS, THE GOVERNOR 121
MAY MAKE THE APPOINTMENT FROM THE NOMINATIONS RECEIVED, OR MAY 122
REJECT ALL THE NOMINATIONS AND REQUEST AT LEAST THREE NEW 123
NOMINATIONS, FROM WHICH THE GOVERNOR SHALL MAKE AN APPOINTMENT 124
WITHIN THIRTY DAYS AFTER MAKING THE REQUEST FOR THE NEW 125
NOMINATIONS. IF THE GOVERNOR RECEIVES NO NOMINATIONS DURING THIS 126
THIRTY-DAY PERIOD, THE GOVERNOR MAY APPOINT ANY VETERAN. 127
Terms of office for the four members appointed by the 129
governor shall be for four years, commencing on the first day of 130
January and ending on the thirty-first day of December, except 131
that upon expiration of the term ending March 29 OF THE AMVETS 133
REPRESENTATIVE SHALL EXPIRE DECEMBER 31, 1976 1998, AND the new 134
term which THAT succeeds it shall commence on March 30 JANUARY 1, 136
1976 1999, and end on December 31, 1979 2002. Each member shall 137
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hold office from the date of the member's appointment until the 139
end of the term for which the member was appointed. The other 140
members shall serve during their terms of office. Any vacancy 142
shall be filled by appointment in the same manner as by original 143
appointment. Any member appointed to fill a vacancy occurring 144
prior to the expiration of the term for which the member's 145
predecessor was appointed shall hold office for the remainder of 147
such term. Any appointed member shall continue in office 148
subsequent to the expiration date of the member's term until the 149
member's successor takes office, or until a period of sixty days 150
has elapsed, whichever occurs first. The members of the board 151
shall serve without pay but shall be reimbursed for travel 152
expenses and for other actual and necessary expenses incurred in 153
the performance of their duties, not to exceed ten dollars per 154
day for ten days in any one year to be appropriated out of any 155
moneys in the state treasury to the credit of the general revenue 156
fund.
The chancellor of the board of regents shall act as 158
secretary to the board and shall furnish such clerical and other 161
assistance as may be necessary to the performance of the duties 162
of the board.
The board shall determine the number of scholarships to be 164
made available, receive applications for scholarships, pass upon 165
the eligibility of applicants, decide which applicants are to 166
receive scholarships, and do all other things necessary for the 167
proper administration of sections 5910.01 to 5910.07 of the 168
Revised Code THIS CHAPTER. 169
Sec. 5910.03. Scholarships shall be granted only to 178
children of deceased or disabled veterans of the armed services 179
of the United States. To be eligible for a scholarship, such 180
child shall:
(A) At the time of application, have attained the 182
sixteenth, but not the twenty-first, birthday; 183
(B) At the time of application, if a child of a veteran 185
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who entered the armed services: 186
(1) As a legal resident of Ohio, have resided in the state 188
for the last preceding year; 189
(2) Not as a legal resident of Ohio, have resided in the 192
state for the year preceding the year in which application for
the scholarship is made and any other four of the last ten years; 194
(C) Be in financial need, as determined by the board; 196
(D) Be recommended by the principal of a high school the 198
child has attended. 199
Sec. 5910.032. (A) A war orphans scholarship, as provided 208
under sections 5910.01 to 5910.06 of the Revised Code, shall be 209
granted to the child of any person who, in the course of 210
honorable service in the armed services of the United States, was 211
declared by the United States department of defense to be a
prisoner of war or missing in action as a result of the United 212
States' participation in armed conflict in southeast Asia on or 213
after January 1, 1960, and who at the time of entry into the 215
armed services of the United States, or at the time he THE PERSON 216
was declared to be a prisoner of war or missing in action, was a 218
resident of Ohio. Such scholarships shall be in addition to the 219
total number of scholarships provided under section 5910.05 of 220
the Revised Code. Notwithstanding section 5910.03 of the Revised 221
Code, scholarships provided under this section shall be made to 222
any such child who, at the time of application, has attained his 223
THE sixteenth, but not his THE twenty-first, birthday. The 225
termination of a child's parent or guardian's status as a
prisoner of war or being missing in action does not affect such 226
child's eligibility for the benefit provided by this section. 227
(B) Scholarships provided under this section shall consist 229
of either of the following: 230
(1) A scholarship of the type described in division (A) of 232
section 5910.04 of the Revised Code together with reasonable and 233
necessary expenses for room, board, books, and laboratory fees. 234
The additional amount for such expenses shall be paid from moneys 235
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appropriated by the general assembly for such purpose. 236
(2) A scholarship of the type described in division (B) of 238
section 5910.04 of the Revised Code together with an additional 239
grant equal to the average value of the reasonable and necessary 240
expenses granted under division (B)(1) of this section during the 241
preceding year for room, board, books, and laboratory fees. The 242
additional grant shall be paid from moneys appropriated by the
general assembly for such purpose, and shall be paid to the child 243
through the institution in which he THE CHILD is enrolled. In no 244
case shall the additional grant exceed the amount actually 246
expended by the child for room, board, books, and laboratory 247
fees.
Sec. 5910.06. The Ohio war orphans scholarship board shall 256
make a complete report of its administration of sections 5910.01 257
to 5910.07 of the Revised Code THIS CHAPTER, to each first 258
regular session of the general assembly. 259
Section 2. That existing sections 5910.01, 5910.02, 261
5910.03, 5910.032, and 5910.06 of the Revised Code are hereby 262
repealed.