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As Introduced
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 343 |
REPRESENTATIVES PADGETT-BRADING-TIBERI-HARRIS-TERWILLEGER-TAYLOR-
SCHULER-OPFER-BATEMAN-REID-HEALY-OGG-KRUPINSKI-CAREY-
WINKLER-PRINGLE-SULZER-ROMAN
A BILL
To amend sections 5910.01 to 5910.03, 5910.032, and 5910.06 of the Revised
Code to make corrective and other changes in the War Orphans
Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5910.01, 5910.02, 5910.03, 5910.032, and 5910.06 of
the Revised Code be amended to read as follows:
Sec. 5910.01. As used in sections 5910.01 to 5910.07 THIS CHAPTER
AND SECTION 5919.34 of
the Revised Code:
(A) "Child" includes natural and adopted children
and stepchildren who have not been legally adopted by the veteran parent
provided that the relationship between the stepchild and the veteran parent
meets the following criteria:
(1) The veteran parent is married to the child's natural or adoptive
parent at the time application for a scholarship granted under this chapter is
made; or if the veteran parent is deceased, the child's natural or adoptive
parent was married to the veteran parent at the time of the veteran parent's
death;
(2) The child resided with the veteran parent for a period of not less
than ten consecutive years immediately prior to making application
for the scholarship; or if the veteran parent is deceased, the child resided
with the veteran parent for a period of not less than ten consecutive years
immediately prior to the veteran parent's death;
(3) The child received financial support from the veteran parent for a
period of not less than ten consecutive years immediately prior to making
application for the scholarship; or if the veteran parent is deceased,
the child received financial support from the veteran parent for a period of
not less than ten consecutive years immediately prior to the veteran parent's
death.
(B) "Veteran" includes any person who was a member of the
armed services of the United States for a period of ninety days
or more, or who was discharged from the armed services due to a
disability incurred while a member with less than ninety days
service, or who died while a member of the armed services; provided
that such service, disability, or death occurred during
one of the following periods: April 6, 1917, to November 11,
1918; December 7, 1941, to September 2 DECEMBER
31, 1945 1946; June 25, 1950, to
July 19 JANUARY 31, 1953 1955;
January 1, 1960,
to May 7, 1975; or August 2, 1990, to the end of
operations conducted as a result of the invasion of
Kuwait by Iraq, including support for operation desert shield
and operation desert storm, as
declared by the president of the United States or the congress; OR
ANY OTHER PERIOD OF CONFLICT ESTABLISHED BY THE UNITED
STATES DEPARTMENT OF VETERANS AFFAIRS FOR PENSION PURPOSES.
(C) "Armed services of the United States" OR "UNITED
STATES ARMED FORCES" includes the
army, air force, navy, marine corps, coast guard, and such other
military service branch as may be designated by congress as a
part of the armed forces of the United States.
(D) "Board" means the Ohio war orphans scholarship board
created by section 5910.02 of the Revised Code.
(E) "Disabled" means having a sixty per cent or greater
service-connected disability or receiving benefits for permanent
and total nonservice-connected disability, as determined by the
veterans administration of the United States DEPARTMENT OF VETERANS
AFFAIRS.
Sec. 5910.02. There is hereby created an Ohio war orphans
scholarship board consisting of seven members as follows: the
chancellor of the Ohio board of regents or the chancellor's
designee; one
member of the house of
representatives, appointed by the speaker; one
member of the senate, appointed by the president of the senate;
and four members appointed by the governor, one of whom shall be
a member REPRESENTATIVE of the American Legion, one of whom
shall be a member REPRESENTATIVE of
the Veterans of Foreign Wars, one of whom shall be a member
REPRESENTATIVE of
the Disabled American Veterans, and one of whom shall be a member
REPRESENTATIVE of the AMVETS.
AT LEAST NINETY DAYS PRIOR TO THE EXPIRATION OF THE TERM
OF OFFICE OF THE REPRESENTATIVE OF A VETERANS ORGANIZATION
APPOINTED BY THE GOVERNOR, THE GOVERNOR SHALL NOTIFY THE STATE
HEADQUARTERS OF THE AFFECTED ORGANIZATION OF THE NEED FOR AN
APPOINTMENT AND REQUEST THE ORGANIZATION TO MAKE AT LEAST THREE
NOMINATIONS. WITHIN SIXTY DAYS AFTER MAKING THE REQUEST FOR
NOMINATIONS, THE GOVERNOR MAY MAKE THE APPOINTMENT FROM THE
NOMINATIONS RECEIVED, OR MAY REJECT ALL THE NOMINATIONS AND
REQUEST AT LEAST THREE NEW NOMINATIONS, FROM WHICH THE GOVERNOR
SHALL MAKE AN APPOINTMENT WITHIN THIRTY DAYS AFTER MAKING THE
REQUEST FOR THE NEW NOMINATIONS. IF THE GOVERNOR RECEIVES NO
NOMINATIONS DURING THIS THIRTY-DAY PERIOD, THE GOVERNOR MAY
APPOINT ANY VETERAN.
Terms of office for the four members appointed by the
governor shall be for four years, commencing on the first day of
January and ending on the thirty-first day of December, except
that upon expiration of the term ending March 29 OF THE
AMVETS REPRESENTATIVE SHALL EXPIRE DECEMBER 31,
1976 1998, AND the new
term which THAT succeeds it shall commence on March 30
JANUARY 1, 1976 1999, and end
on December 31, 1979 2002. Each member shall hold office from
the
date of the member's appointment until the end of the term
for which the member was appointed. The other members shall
serve during their terms
of office. Any vacancy shall be filled by appointment in the
same manner as by original appointment. Any member appointed to
fill a vacancy occurring prior to the expiration of the term for
which the member's predecessor was appointed shall hold
office for the
remainder of such term. Any appointed member shall continue in
office subsequent to the expiration date of the member's
term until the member's successor takes office, or until a
period of sixty days has
elapsed, whichever occurs first. The members of the board shall
serve without pay but shall be reimbursed for travel expenses and
for other actual and necessary expenses incurred in the
performance of their duties, not to exceed ten dollars per day
for ten days in any one year to be appropriated out of any moneys
in the state treasury to the credit of the general revenue fund.
The chancellor of the board of regents shall act as secretary to
the board and
shall furnish such clerical and
other assistance as may be necessary to the performance of the
duties of the board.
The board shall determine the number of scholarships to be
made available, receive applications for scholarships, pass upon
the eligibility of applicants, decide which applicants are to
receive scholarships, and do all other things necessary for the
proper administration of sections 5910.01 to 5910.07 of the
Revised Code THIS CHAPTER.
Sec. 5910.03. Scholarships shall be granted only to children of deceased or
disabled veterans of the armed services of the United States. To be eligible
for a scholarship, such child shall:
(A) At the time of application, have attained the
sixteenth, but not the twenty-first, birthday;
(B) At the time of application, if a child of a veteran who entered the armed
services:
(1) As a legal resident of Ohio, have resided in the state for the
last preceding year;
(2) Not as a legal resident of Ohio, have resided in
the state for the year preceding the year in which application for the
scholarship is made and any other four of the last
ten years;
(C) Be in financial need, as determined by the board;
(D) Be recommended by the principal of a high school the
child has attended.
Sec. 5910.032. (A) A war orphans scholarship, as provided under sections
5910.01 to 5910.06 of the Revised Code, shall be granted to the child of any
person who, in the course of honorable service in the armed services of the
United States, was declared by the United States department of defense to be a
prisoner of war or missing in action as a result of the United States'
participation in armed conflict in southeast Asia on or after January
1, 1960,
and who at the time of entry into the armed services of the United States, or
at the time he THE PERSON was declared to be a prisoner of war
or missing in action, was
a
resident of Ohio. Such scholarships shall be in addition to the total number
of scholarships provided under section 5910.05 of the Revised Code.
Notwithstanding section 5910.03 of the Revised Code, scholarships provided
under this section shall be made to any such child who, at the time of
application, has attained his THE sixteenth, but not his
THE twenty-first birthday.
The termination of a child's parent or guardian's status as a prisoner of war
or being missing in action does not affect such child's eligibility for the
benefit provided by this section.
(B) Scholarships provided under this section shall consist of either of the
following:
(1) A scholarship of the type described in division (A) of section 5910.04 of
the Revised Code together with reasonable and necessary expenses for room,
board, books, and laboratory fees. The additional amount for such expenses
shall be paid from moneys appropriated by the general assembly for such
purpose.
(2) A scholarship of the type described in division (B) of section 5910.04 of
the Revised Code together with an additional grant equal to the average value
of the reasonable and necessary expenses granted under division (B)(1) of this
section during the preceding year for room, board, books, and laboratory fees.
The additional grant shall be paid from moneys appropriated by the general
assembly for such purpose, and shall be paid to the child through the
institution in which he THE CHILD is enrolled. In no case shall
the additional grant
exceed the amount actually expended by the child for room, board, books, and
laboratory fees.
Sec. 5910.06. The Ohio war orphans scholarship board shall make a complete
report of its administration of sections 5910.01 to 5910.07 of the Revised
Code THIS CHAPTER, to each first regular session of the general
assembly.
Section 2. That existing sections 5910.01, 5910.02, 5910.03, 5910.032, and
5910.06 of the Revised Code are hereby repealed.
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