As Passed by the Senate 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
SENATORS SCHAFRATH-BLESSING-ZALESKI-WHITE-CARNES-GAETH- 12
LATTA-LATELL-HERINGTON-B. JOHNSON-KEARNS-DiDONATO-HAGAN-DRAKE- 13
NEIN-DIX-HOWARD-CUPP-SUHADOLNIK 14
15
A B I L L
To amend sections 5910.01 to 5910.03, 5910.032, and 17
5910.06 of the Revised Code to make corrective 18
and other changes in the War Orphans Law. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 5910.01, 5910.02, 5910.03, 23
5910.032, and 5910.06 of the Revised Code be amended to read as 24
follows:
Sec. 5910.01. As used in sections 5910.01 to 5910.07 THIS 33
CHAPTER AND SECTION 5919.34 of the Revised Code: 35
(A) "Child" includes natural and adopted children and 38
stepchildren who have not been legally adopted by the veteran
parent provided that the relationship between the stepchild and 39
the veteran parent meets the following criteria: 40
(1) The veteran parent is married to the child's natural 42
or adoptive parent at the time application for a scholarship 43
granted under this chapter is made; or if the veteran parent is 44
deceased, the child's natural or adoptive parent was married to 45
the veteran parent at the time of the veteran parent's death; 46
(2) The child resided with the veteran parent for a period 48
of not less than ten consecutive years immediately prior to 49
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making application for the scholarship; or if the veteran parent 50
is deceased, the child resided with the veteran parent for a 51
period of not less than ten consecutive years immediately prior 52
to the veteran parent's death;
(3) The child received financial support from the veteran 54
parent for a period of not less than ten consecutive years 55
immediately prior to making application for the scholarship; or 56
if the veteran parent is deceased, the child received financial 57
support from the veteran parent for a period of not less than ten 58
consecutive years immediately prior to the veteran parent's
death. 59
(B) "Veteran" includes any person who was a member of the 61
armed services of the United States for a period of ninety days 62
or more, or who was discharged from the armed services due to a 63
disability incurred while a member with less than ninety days' 64
service, or who died while a member of the armed services; 65
provided that such service, disability, or death occurred during 66
one of the following periods: April 6, 1917, to November 11, 67
1918; December 7, 1941, to September 2 DECEMBER 31, 1945 1946; 69
June 25, 1950, to July 19 JANUARY 31, 1953 1955; January 1, 1960, 71
to May 7, 1975; or August 2, 1990, to the end of operations 73
conducted as a result of the invasion of Kuwait by Iraq, 74
including support for operation desert shield and operation 75
desert storm, as declared by the president of the United States 76
or the congress; OR ANY OTHER PERIOD OF CONFLICT ESTABLISHED BY 77
THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS FOR PENSION 78
PURPOSES.
(C) "Armed services of the United States" OR "UNITED 81
STATES ARMED FORCES" includes the army, air force, navy, marine 82
corps, coast guard, and such other military service branch as may 83
be designated by congress as a part of the armed forces of the 84
United States.
(D) "Board" means the Ohio war orphans scholarship board 86
created by section 5910.02 of the Revised Code. 87
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(E) "Disabled" means having a sixty per cent or greater 89
service-connected disability or receiving benefits for permanent 90
and total nonservice-connected disability, as determined by the 91
veterans administration of the United States DEPARTMENT OF 92
VETERANS AFFAIRS. 93
Sec. 5910.02. There is hereby created an Ohio war orphans 102
scholarship board consisting of seven members as follows: the 103
chancellor of the Ohio board of regents or the chancellor's 104
designee; one member of the house of representatives, appointed 107
by the speaker; one member of the senate, appointed by the 108
president of the senate; and four members appointed by the 109
governor, one of whom shall be a member REPRESENTATIVE of the 110
American Legion, one of whom shall be a member REPRESENTATIVE of 111
the Veterans of Foreign Wars, one of whom shall be a member 112
REPRESENTATIVE of the Disabled American Veterans, and one of whom 114
shall be a member REPRESENTATIVE of the AMVETS. AT LEAST NINETY 116
DAYS PRIOR TO THE EXPIRATION OF THE TERM OF OFFICE OF THE 117
REPRESENTATIVE OF A VETERANS ORGANIZATION APPOINTED BY THE 118
GOVERNOR, THE GOVERNOR SHALL NOTIFY THE STATE HEADQUARTERS OF THE 119
AFFECTED ORGANIZATION OF THE NEED FOR AN APPOINTMENT AND REQUEST 120
THE ORGANIZATION TO MAKE AT LEAST THREE NOMINATIONS. WITHIN 121
SIXTY DAYS AFTER MAKING THE REQUEST FOR NOMINATIONS, THE GOVERNOR 122
MAY MAKE THE APPOINTMENT FROM THE NOMINATIONS RECEIVED, OR MAY 123
REJECT ALL THE NOMINATIONS AND REQUEST AT LEAST THREE NEW 124
NOMINATIONS, FROM WHICH THE GOVERNOR SHALL MAKE AN APPOINTMENT 125
WITHIN THIRTY DAYS AFTER MAKING THE REQUEST FOR THE NEW 126
NOMINATIONS. IF THE GOVERNOR RECEIVES NO NOMINATIONS DURING THIS 127
THIRTY-DAY PERIOD, THE GOVERNOR MAY APPOINT ANY VETERAN. 128
Terms of office for the four members appointed by the 130
governor shall be for four years, commencing on the first day of 131
January and ending on the thirty-first day of December, except 132
that upon expiration of the term ending March 29 OF THE AMVETS 134
REPRESENTATIVE SHALL EXPIRE DECEMBER 31, 1976 1998, AND the new 135
term which THAT succeeds it shall commence on March 30 JANUARY 1, 137
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1976 1999, and end on December 31, 1979 2002. Each member shall 138
hold office from the date of the member's appointment until the 140
end of the term for which the member was appointed. The other 141
members shall serve during their terms of office. Any vacancy 143
shall be filled by appointment in the same manner as by original 144
appointment. Any member appointed to fill a vacancy occurring 145
prior to the expiration of the term for which the member's 146
predecessor was appointed shall hold office for the remainder of 148
such term. Any appointed member shall continue in office 149
subsequent to the expiration date of the member's term until the 150
member's successor takes office, or until a period of sixty days 151
has elapsed, whichever occurs first. The members of the board 152
shall serve without pay but shall be reimbursed for travel 153
expenses and for other actual and necessary expenses incurred in 154
the performance of their duties, not to exceed ten dollars per 155
day for ten days in any one year to be appropriated out of any 156
moneys in the state treasury to the credit of the general revenue 157
fund.
The chancellor of the board of regents shall act as 159
secretary to the board and shall furnish such clerical and other 162
assistance as may be necessary to the performance of the duties 163
of the board.
The board shall determine the number of scholarships to be 165
made available, receive applications for scholarships, pass upon 166
the eligibility of applicants, decide which applicants are to 167
receive scholarships, and do all other things necessary for the 168
proper administration of sections 5910.01 to 5910.07 of the 169
Revised Code THIS CHAPTER. 170
Sec. 5910.03. Scholarships shall be granted only to 179
children of deceased or disabled veterans of the armed services 180
of the United States. To be eligible for a scholarship, such 181
child shall:
(A) At the time of application, have attained the 183
sixteenth, but not the twenty-first, birthday; 184
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(B) At the time of application, if a child of a veteran 186
who entered the armed services: 187
(1) As a legal resident of Ohio, have resided in the state 189
for the last preceding year; 190
(2) Not as a legal resident of Ohio, have resided in the 193
state for the year preceding the year in which application for
the scholarship is made and any other four of the last ten years; 195
(C) Be in financial need, as determined by the board; 197
(D) Be recommended by the principal of a high school the 199
child has attended. 200
Sec. 5910.032. (A) A war orphans scholarship, as provided 209
under sections 5910.01 to 5910.06 of the Revised Code, shall be 210
granted to the child of any person who, in the course of 211
honorable service in the armed services of the United States, was 212
declared by the United States department of defense to be a
prisoner of war or missing in action as a result of the United 213
States' participation in armed conflict in southeast Asia on or 214
after January 1, 1960, and who at the time of entry into the 216
armed services of the United States, or at the time he THE PERSON 217
was declared to be a prisoner of war or missing in action, was a 219
resident of Ohio. Such scholarships shall be in addition to the 220
total number of scholarships provided under section 5910.05 of 221
the Revised Code. Notwithstanding section 5910.03 of the Revised 222
Code, scholarships provided under this section shall be made to 223
any such child who, at the time of application, has attained his 224
THE sixteenth, but not his THE twenty-first, birthday. The 226
termination of a child's parent or guardian's status as a
prisoner of war or being missing in action does not affect such 227
child's eligibility for the benefit provided by this section. 228
(B) Scholarships provided under this section shall consist 230
of either of the following: 231
(1) A scholarship of the type described in division (A) of 233
section 5910.04 of the Revised Code together with reasonable and 234
necessary expenses for room, board, books, and laboratory fees. 235
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The additional amount for such expenses shall be paid from moneys 236
appropriated by the general assembly for such purpose. 237
(2) A scholarship of the type described in division (B) of 239
section 5910.04 of the Revised Code together with an additional 240
grant equal to the average value of the reasonable and necessary 241
expenses granted under division (B)(1) of this section during the 242
preceding year for room, board, books, and laboratory fees. The 243
additional grant shall be paid from moneys appropriated by the
general assembly for such purpose, and shall be paid to the child 244
through the institution in which he THE CHILD is enrolled. In no 245
case shall the additional grant exceed the amount actually 247
expended by the child for room, board, books, and laboratory 248
fees.
Sec. 5910.06. The Ohio war orphans scholarship board shall 257
make a complete report of its administration of sections 5910.01 258
to 5910.07 of the Revised Code THIS CHAPTER, to each first 259
regular session of the general assembly. 260
Section 2. That existing sections 5910.01, 5910.02, 262
5910.03, 5910.032, and 5910.06 of the Revised Code are hereby 263
repealed.