Report Title:

Filipino Veterans; Burial

Description:

Requires the office of veterans' services, on request of a survivor/interested party of a deceased Filipino veteran who joined the New Filipino Scouts between October 6, 1945, and June 30, 1947, to make payment directly to a mortuary/crematory for funeral/burial services and to transport the remains to the Philippines, upon submission of an unpaid invoice; appropriates moneys.

HOUSE OF REPRESENTATIVES

H.B. NO.

1638

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to veteran burial grants.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that a Filipino veteran of the New Filipino Scouts who enlisted between October 6, 1945, and June 30, 1947, who died after June 30, 1994, and who was, at the time of the veteran's death, a United States citizen and a resident of the State of Hawaii, is entitled to receive a burial grant from the office of veterans' services to pay for the cost of:

(1) Providing funeral and burial services for the deceased veteran; and

(2) Transporting the remains of the deceased veteran to the Philippines.

To qualify for this burial grant, however, the Filipino veteran's survivor or an interested party must produce an itemized paid invoice showing the specific services rendered on behalf of the deceased veteran. Because of the tremendous upfront costs associated with funeral and burial services as well as transportation to the Philippines, some World War II Filipino veterans, including the families and friends of these veterans, cannot afford to pay for these activities in advance. Consequently, some World War II Filipino veterans will not be able to qualify for these burial grants from the office of veterans' services on account of their being too "poor." Because of these financial constraints, the bodies of some deceased veterans could not be properly buried until the deceased veteran's survivor or interested parties raised the necessary funds to pay the mortuary for funeral and other related services.

The legislature further finds under the Veterans Benefits and Health Care Improvement Act of 2000 (Public Law 106-419), many of the Filipino World War II veterans previously eligible to participate in the state office of veterans' services program regarding transportation of remains to the Philippines are now eligible to be interred in state and federal veterans' cemeteries. Therefore, in fairness to other veterans' survivors who are not offered reimbursement for such transportation needs, the payments made under this Act are properly limited to only those veterans of the New Filipino Scouts who are not eligible for interment in state and federal veterans cemeteries under the Veterans Benefits and Health Care Improvement Act of 2000.

This act requires the office of veterans' services to provide an alternative to the procedures currently specified in the rules of the office of veterans' services, which only apply in situations where a deceased Filipino veteran's survivor or an interested party has already paid for services rendered on behalf of the deceased veteran, or in situations where the deceased veteran may have purchased a pre-paid funeral and burial plan.

The purpose of this Act is to pay, under the veterans' burial grant program, directly to a mortuary or crematory for:

(1) Providing funeral and burial services at the request of a qualifying deceased Filipino veteran's survivor or an interested party; and

(2) Transporting the veteran's remains to the Philippines,

upon the submission of a contract for services on behalf of the deceased veteran and an itemized unpaid invoice.

The amount paid for funeral and burial services and transportation costs shall not exceed $2,500 per person.

SECTION 2. Chapter 363, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§363-   Disbursement of World War II Filipino veterans burial grant funds. (a) At the request of a deceased Filipino veteran's survivor or an interested party, the office shall receive, review, and, as appropriate, approve requests for payments for:

(1) Providing funeral and burial services for a New Filipino Scout who died after June 30, 1994; and

(2) Transporting the remains of a New Filipino Scout to the Philippines.

(b) The office shall establish the amount of burial grant funds that may be disbursed on behalf of a New Filipino Scout; provided that the amount shall not exceed $2,500 per person.

(c) The office shall not expend more than the amount appropriated for the fiscal year to provide burial grants for deceased World War II Filipino veterans.

(d) Specific eligibility criteria, application and appeal procedures, service choices, and invoicing arrangements shall be established by the office.

(e) Payment shall be authorized by the office upon the submission of an invoice reflecting services that have been satisfactorily performed on behalf of a New Filipino Scout.

(f) As used in this section, "New Filipino Scout" means a Filipino veteran who enlisted in the New Filipino Scouts between October 6, 1945, and June 30, 1947, and who, at the time of the veteran's death, was a United States citizen and a resident of Hawaii."

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 2005-2006 and the sum of $ or so much thereof as may be necessary for fiscal year 2006-2007 for burial grant funds for deceased Filipino veterans.

The sum appropriated shall be expended by the department of defense, office of veterans' services for the purposes of this Act.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2005.

INTRODUCED BY:

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