Bill Text: HI HB378 | 2019 | Regular Session | Introduced
Bill Title: Relating To Filipino Veterans Burial Assistance.
Spectrum: Moderate Partisan Bill (Democrat 15-2)
Status: (Engrossed - Dead) 2019-03-22 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [HB378 Detail]
Download: Hawaii-2019-HB378-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
378 |
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THIRTIETH LEGISLATURE, 2019 |
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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. Furthermore, the costs of transporting the
remains and the opening and closing services in the Philippines is generally
offset by the savings associated with the costs of a cemetery plot and the
opening and closing services in Hawaii.
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 appropriating
funds to the office of veterans services for the provision of burial grants for
Filipino-American World War II veterans; provided that:
(1) Federal
funds remain unavailable;
(2) There remain eligible Filipino-American World War II veterans living in the State; and
(3) Funds appropriated and unencumbered as of June 30, 2021, shall not lapse to the credit of the general fund but shall remain available for the purposes of this Act.
SECTION
2. There is appropriated out of the
general revenues of the State of Hawaii the sum of $100,000 or so much thereof
as may be necessary for fiscal year 2019-2020 and the same sum or so much
thereof as may be necessary for fiscal year 2020-2021 for burial grants for Filipino-American World War II
veterans, which cover funeral and burial costs, including the cost of
returning their remains to the Philippines for burial; provided that:
(1) Federal funding remains unavailable for this purpose;
(2) There remain eligible Filipino-American World War II veterans living in the State; and
(3) Funds appropriated and unencumbered as of June 30, 2021, shall not lapse to the credit of the general fund but shall remain available for the purposes of this Act.
The sums appropriated shall be expended by the office of veterans services for the purposes of this Act; provided that the office shall establish the amount of burial grant funds that may be disbursed on behalf of a Filipino-American World War II veteran; provided further that the amount shall not exceed $5,000 per person.
SECTION 3. This Act shall take effect on July 1, 2019.
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INTRODUCED BY: |
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Report Title:
Filipino Caucus; Filipino-American World War II Veterans; Burial Grants; Appropriation
Description:
Appropriates
funds for burial grants for qualifying Filipino-American World War II veterans to
provide funeral and burial services and transportation of their remains to the
Philippines. Requires funds for burial
grants to not lapse to the general fund and remain available as needed.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
