Bill Text: HI HB1944 | 2018 | Regular Session | Amended
Bill Title: Relating To Filipino Veterans Burial Assistance.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Engrossed - Dead) 2018-03-19 - Report adopted; Passed Second Reading and referred to WAM. [HB1944 Detail]
Download: Hawaii-2018-HB1944-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1944 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO FILIPINO VETERANS BURIAL ASSISTANCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. During World War II, the Philippines was a commonwealth of the United States. Nearly one hundred thousand soldiers of the Philippine Commonwealth Army fought alongside United States and Allied forces for four long years to defend and reclaim the Philippine islands from foreign aggression. Valiant Filipino soldiers fought, suffered, and died in some of the bloodiest battles of World War II defending beleaguered Bataan and Corregidor and thousands of Filipino prisoners of war endured the infamous Bataan Death March and years of captivity.
The sacrifices of Filipino soldiers played a vital role in the Allied victory in the Pacific as their numerous guerrilla actions provided United States forces with time to build and prepare for the Allied counterattack. Filipino soldiers fought side-by-side with United States forces to secure their island nation as the strategic base from which the Allied forces launched their final effort to bring an end to World War II.
Although Filipino soldiers exhibited tremendous courage and risked their lives to win the war in the Pacific, many of these soldiers were denied full veterans benefits, including burial benefits, which had been promised to them by the United States.
While Filipino soldiers meeting specific requirements were eventually provided with burial benefits at national and state veterans cemeteries at no cost, similar to other veterans of the United States Armed Forces, the wish of some Filipino soldiers living in Hawaii is that their remains be returned to their homeland. However, this benefit of returning the remains of Filipino soldiers to their homeland for burial has not been provided to them.
Many Filipino veterans have unsuccessfully petitioned for decades to have their relatives granted residence in Hawaii. These veterans are elderly and, with each passing year, the veterans are dying in Hawaii without the comfort of family members at their side. Furthermore, the cost of transporting their remains for burial in the Philippines increases as time passes. Accordingly, the legislature provided for burial grants to be given to qualifying Filipino veterans to honor their final wishes and assist with the return of their remains to their homeland for burial. The legislature further finds that the State has a diminishing number of burial plots and providing burial grants to qualified Filipino veterans to return their remains to the Philippines will allow the State to accommodate many other veterans who are eligible to be buried at a federal or state cemetery at no cost.
The Veterans Administration currently pays the full cost of burial benefits for World War II veterans; however, federal law fails to address the costs of transporting the remains of Filipino veterans to, and burial services in, the Philippines. House Concurrent Resolution No. 23, which was adopted by the legislature in 2016, requested Congress to amend the federal law to cover the costs of transporting the remains of eligible Filipino-American veterans of World War II to the Philippines and for burial services in the Philippines. However, as of this date, Congress has not taken any action in this regard.
As the number of surviving World War II Filipino veterans continues to dwindle, it is important that their sacrifices be recognized and their final wishes of being buried in their homeland be granted. Due to the unavailability of federal funds for the provision of funds for burials that include repatriation of remains, it is important for the State to take action and dedicate a stable source of funds for this purpose. The legislature authorized an initial appropriation of $50,000 for repatriation and burial costs for Filipino-American World War II veterans through Act 105, Session Laws of Hawaii 2017. However, unexpended appropriations lapse at the end of each fiscal biennium and revert to the general fund, thereby becoming unavailable for their specified purpose. The legislature finds that a non-lapsing funding source should be established for repatriation and burial costs for Filipino-American World War II veterans so that the funds remain available until they are needed.
The purpose of this Act is to establish a stable and dedicated funding source for repatriation and burial costs for Filipino-American World War II veterans by establishing an on-going Filipino-American veterans of World War II burial assistance program and a special fund to support the program.
SECTION 2. Chapter 363, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§363-A Filipino-American veterans of World War II
burial assistance program. (a) There is established within the office of
veterans services the Filipino-American veterans of World War II burial
assistance program. The purpose of the
program is to provide burial grants for Filipino-American veterans of World War
II, which shall cover the cost of returning the veterans' remains to the
Philippines for burial and other funeral and burial costs; provided that:
(1) Federal funding remains unavailable for
this purpose; and
(2) There remain eligible Filipino-American
veterans living in the State.
(b) The Filipino-American veterans of World War
II burial assistance program shall be funded by the Filipino-American veterans
of World War II burial assistance program special fund established pursuant to
section 363-B.
(c) The office of veterans services shall adopt
rules pursuant to chapter 91 to effectuate the purposes of this section,
including rules to cease the program's operations once there are no eligible
Filipino-American World War II veterans remaining in the State.
§363-B Filipino-American
veterans of World War II burial assistance program special fund. (a)
There is established within the state treasury the Filipino-American
veterans of World War II burial assistance program special fund to be
administered by the office of veterans services and into which shall be
deposited appropriations by the legislature.
(b)
The Filipino-American veterans of World War II burial assistance program
special fund shall be used for operating expenses of and burial grants provided
by the Filipino-American veterans of World War II burial assistance program
established under section 363-A. The
office of veterans services may make expenditures from the special fund
independently of any legislative appropriations from the special fund.
(c) The Filipino-American veterans of World War
II burial assistance program special fund shall lapse upon cessation of the
Filipino-American veterans of World War II burial assistance program pursuant
to rules adopted under section 363-A(c) and all unencumbered money remaining in
the special fund upon its lapse shall be deposited into the general fund."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 for deposit into the Filipino-American veterans of World War II burial assistance program special fund established under section 2 of this Act; provided that funds appropriated and unencumbered as of June 30, 2019, shall not lapse to the credit of the general fund but shall remain available in the special fund for the purposes of section 363-A, Hawaii Revised Statutes.
SECTION 4. There is appropriated out of the Filipino-American veterans of World War II burial assistance program special fund the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 for burial grants for Filipino-American veterans of World War II, which shall cover the cost of returning the veterans' remains to the Philippines for burial and other funeral and burial costs; pursuant to the requirements of section 363-A, Hawaii Revised Statutes.
The sum appropriated shall be expended by the office of veterans services for the purposes of this Act.
SECTION 5. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 6. New statutory material is underscored.
SECTION
7. This Act shall take effect on December
23, 2083.
Report Title:
Filipino-American World War II Veterans; Burial Grants; Special Fund; Appropriation
Description:
Establishes the Filipino-American Veterans of World War II burial assistance program. Establishes the Filipino-American veterans of World War II burial assistance program special fund. Makes an appropriation. (HB1944 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
