THE SENATE |
S.B. NO. |
1417 |
THIRTIETH LEGISLATURE, 2019 |
S.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. Furthermore, the costs of transporting the
remains and the opening and closing services in the Philippines are 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.
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. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.