The board of commissioners created by section
8 of Article VIII of the Ohio Constitution designated
therein “The Commissioners of the Sinking Fund,”
shall, forthwith upon the adoption of this amendment,
proceed to issue and sell, from time to time, bonds of
the state of Ohio in such amounts of face value as are
necessary to provide the funds, or such part thereof,
as may be required to pay the compensation and the
expenses of administering this section as herein proThe
vided for, provided that the aggregate total amount of
face value of bonds so issued shall not exceed ninety
million dollars. The full faith and credit of the state of
Ohio is hereby pledged for the payment of such bonds.
All bonds so issued shall mature in thirty semiannual
installments commencing not later than two years after
the respective dates thereof. The maturities thereof
shall be so fixed that the total amounts of payments
on account of principal and interest to be paid on each
of such semiannual installment payment dates shall be
substantially equal. No such bonds shall be issued or
bear dates later than the first day of April, 1959. All
bonds so issued shall bear interest at such rates as the
commissioners of the sinking fund may fix, which interest
shall be payable semiannually Such bonds, and
the interest thereon as income, shall be exempt from
all taxes levied by the state of Ohio or any taxing district
thereof.
The bonds may, at the option of the Commissioners
of the Sinking Fund, be issued subject to call on any
interest payment date at par and accrued interest. All
sales of such bonds by the Commissioners of the Sinking
Fund shall be in accordance with such regulations
as it shall make and promulgate, provided that such
bonds shall be sold only to the highest bidder or bidders
therefore after notice of such sale shall have been
published once each week for three consecutive weeks
on the same day of each of such weeks, the first of
such notices being published at least twenty-one full
days before the date of sale, in a newspaper of general
circulation in each of the eight most populous counties
in the state of Ohio, and provided that each of
such published notices shall state the day, hour and
place of the sale, the total face value of the bonds to be
sold, their denominations, dates, and the dates of their
maturities, information relative to the rates of interest
which the bonds will bear, and the dates upon which
interest will be payable. The Commissioners of the
Sinking Fund shall have the right to reject any or all
bids and to readvertise and reoffer bonds for sale. Out
of the proceeds of the sale of all bonds that amount
which represents accrued interest, if any, shall be paid
into the treasury of the state of Ohio into a fund to be
known as The Korean Conflict Compensation Bond
Retirement Fund. The balance shall be paid into the
treasury of the state of Ohio into a fund to be known as
The Korean Conflict Compensation Fund. The General
Assembly of the state of Ohio may appropriate and
cause to be paid into The Korean Conflict Compensation
Bond Retirement Fund or The Korean Conflict
Compensation Fund, out of the funds in the treasury
of the state not otherwise appropriated, such amount
as is proper for use upon order of the Commissioners
of the Sin king Fund for the purposes for which such
funds are created as herein provided If the General Assembly
should so appropriate any funds to The Korean
Conflict Compensation Fund prior to the time the
Commissioners of the Sinking Fund shall have issued
bonds of the aggregate total amount of face value authorized
in this section, the aggregate total amount of
face value of bonds so authorized to be issued shall be
reduced by the amount of the funds so appropriated.
The Commissioners of the Sinking Fund shall, on or
before the first day of July in each calendar year, levy
and certify to the auditor of the state of Ohio a state tax
on all taxable property subject to taxation on the general
tax lists of all counties in the state of Ohio for such
year at such rate as it shall determine to be necessary
to provide, together with other money which will be
available in The Korean Conflict Compensation Bond
Retirement Fund, the total amount of funds which will
be required in the next following calendar year for the
retirement of bonds and the payment of interest payable
in such year. Such levy shall be in addition to all
other taxes levied now or hereafter within the period
during which bonds issued pursuant to the provisions
of this section shall be outstanding, by or pursuant to
law or any provision of the Ohio Constitution shall not
be considered in applying any limitation or aggregate
tax rates now or hereafter the period during which
bonds issued pursuant to the provisions of this section
shall be outstanding, provided by or pursuant to law
or any provision of the Ohio Constitution. The auditor
of state shall certify such levies to the auditor of each
county in the state of Ohio, who shall extend the same
on the tax lists of his county for the year in which such
levy is made and shall place the same for collection
on the tax duplicates of his county to be collected at
the same time and in the same manner as other taxes
on such duplicates. Said taxes herein authorized, when
collected, shall be paid into The Korean Conflict Compensation
Bond Retirement Fund in the treasury of the
state. The Korean Conflict Compensation Bond Retirement
Fund shall be paid out, without appropriation
thereof by the General Assembly of Ohio upon the order
of the Commissioners of the Sinking Fund for the
purpose of the payment, or retirement in other manner,
of said bonds and interest thereon.
The Korean Conflict Compensation Fund shall be paid
out upon order of the Commissioners of the Sinking
Fund, without appropriation by the General Assembly
of Ohio, in payment of the expenses of administering
this section, and as compensation as follows: Every
person who shall have served on active duty in the
armed forces of the United States at any time between
June 25th 1950, and July 19, 1953, both dates inclusive,
and who at the time of commencing such service, was
and had been a resident of the state of Ohio for at least
one year immediately preceding the commencement
of such service, and (1) who shall have been separated
from such service under honorable conditions or (2)
who is still in such service, or (3) who has been retired,
shall be entitled to receive compensation of ten dollars
for each month during which such person was in
active domestic service and of fifteen dollars for each
month during which such person was in active foreign
service within said period of time; provided that the
maximum amount of compensation payable under this
section shall not be in excess of four hundred dollars;
and provided that no compensation shall be paid under
this section to any person who shall have received
from another state a bonus or compensation of a like
nature as is provided under this section. Compensation
for a fraction of a month of service shall be paid on the
basis of one-thirtieth of the above monthly amounts
for each day of such service. Service in the Merchant
Marine of the United States shall not be considered for
the purpose of this section. “Domestic service” as used
herein, means service within the continental limits of
the United States excluding Alaska and sea duty. “Foreign
service” as used herein means service in all other
places, including sea duty.
No compensation shall be paid under this section to
any person for any periods of time spent under penal
confinement during the period of active duty.
Either the surviving husband or wife, or the surviving
child or children, or the surviving parents or parent,
including persons standing in loco parentis for one
year preceding commencement of service in the armed
forces of the United States, of a deceased person shall
be paid the same amount of compensation that such
deceased person would have been entitled to receive
under this section, if living; provided that if such
deceased person’s death is determined to have been
service-connected by the Veteran’s Administration of
the United States government, his survivors as herein
designated, shall be entitled to four hundred dollars
regardless of the amount of compensation which such
deceased person would have been entitled to receive
under this section if living; provided that the amount
of compensation payable to such survivors of such deceased
person shall be payable only to one of the three
groups of survivors herein designated in the order in
which said groups are named.
No sale or assignment of any right or claim to compensation
under this section shall be valid, no claims
of creditors shall be enforceable against rights or
claims to or payments of compensation under this section,
and no fees shall be charged for services in connection
with the prosecution of any right or claim to
compensation or the collection of any compensation
under this section.
The Commissioners of the Sinking Fund shall have
complete charge of making payments of the compensation
provided for in this section and shall adopt and
promulgate regulations governing their procedure in
connection therewith, including determinations as to
who are proper beneficiaries and the amounts to which
such beneficiaries are entitled, determinations as to
whether an applicant has the necessary residence requirements,
and such other regulations that are necessary
and proper; provided that all applications for
payment of compensation under this section shall be
made to the Commissioners of the Sinking Fund before
January 1, 1959.
The Commissioners of the Sinking Fund shall select
and appoint such legal counsel and employees that are
necessary, fix their compensation and prescribe their
duties, and all such appointees shall serve at its pleasure.
The Commissioners of the Sinking Fund shall permit
review of individual records of claims by representatives
of recognized veterans organizations when authorized
to do so by the applicant.
There is hereby transferred, out of the fund known as
the “World War II Compensation Fund”, created by
section 2b of Article VIII of the Ohio Constitution, the
sum of four million dollars, to The Korean Conflict
Compensation Fund, for the purpose of defraying the
immediate cost of administration and compensation.
The people of the state of Ohio declare that their enactment
of this special amendment of the Ohio Constitution
is to meet the specific emergency covered thereby,
and they declare it to be their intention to in no manner
affect or change any of the existing provisions of the
said constitution except as herein set forth. The provisions
of this section shall be self executing.
Upon payment of all valid claims for compensation
made within the limitations of time as prescribed
herein, the Commissioners of the Sinking Fund may
transfer any funds in The Korean Conflict Compensation
Fund to The Korean Conflict Compensation Bond
Retirement Fund.
Upon retirement of all of the bonds that may be issued
hereunder and the payment of all valid claims for
compensation made within the limitations of time as
prescribed herein, the Commissioners of the Sinking
Fund shall make a final report to the General Assembly
of Ohio, and any balance remaining in any of the
funds herein created and referred to shall be disposed
of as shall be provided by law.
Structure Ohio constitution