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           

                                                          2      

                                                                 
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           

                                                          3      

                                                                 
      (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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
      (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          

                                                          6      

                                                                 
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.