REPORT TITLE:
Veterans Cemeteries


DESCRIPTION:
Expand duties of the director of the office of veterans' services
to include maintenance of state veterans cemeteries on all
islands; repeals county responsibility.


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2013
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO VETERANS. 


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

 1      SECTION 1.  Section 363-2, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (c) to read as follows:
 
 3      "(c)  The director shall have the following principal
 
 4 functions, duties, and powers:
 
 5      (1)  Serve as the principal official in state government
 
 6           responsible for the performance, development, and
 
 7           control of programs, policies, and activities under
 
 8           this chapter;
 
 9      (2)  Oversee, supervise, and direct the performance by the
 
10           director's subordinates of activities in such areas as
 
11           planning, evaluation, and coordination of veterans
 
12           programs and development of a statewide service
 
13           delivery network;
 
14      (3)  Assess the policies and practices of other agencies
 
15           with respect to delivery of services and benefits to
 
16           veterans;
 
17      (4)  Administer funds allocated for the office, and apply
 
18           for, receive, and disburse grants and donations from
 
19           all sources for veterans programs and services provided
 

 
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 1           under this chapter;
 
 2      (5)  Establish a clearinghouse for complaints of persons
 
 3           regarding services to veterans, or operations of state
 
 4           and county agencies affecting veterans, investigate
 
 5           such complaints, and refer the complaints and the
 
 6           director's findings to the appropriate agency for
 
 7           corrective action;
 
 8      (6)  Adopt, amend, and repeal rules pursuant to chapter 91
 
 9           for the purposes of this chapter;
 
10      (7)  Employ and retain such staff as may be necessary for
 
11           the purposes of this chapter, in conformance with
 
12           chapters 76, 77, and 89 except for the position of
 
13           coordinator and executive secretary to the director,
 
14           who shall be hired without regard to chapters 76, 77,
 
15           and 89; [and]
 
16      (8)  Contract for or grant such services as may be necessary
 
17           for the purposes of this chapter, including a master
 
18           contract with other state agencies receiving federal
 
19           and state funds for programs and services for veterans,
 
20           and purchase of service agreements with appropriate
 
21           agencies; [and]
 
22      (9)  Oversee the development, establishment, and operation
 
23           of a state veterans cemetery on Oahu; develop and
 

 
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 1           administer the policies and procedures of the state
 
 2           veterans cemetery in accordance with the United States
 
 3           Veterans Administration and existing state guidelines[;
 
 4           oversee the maintenance of state veterans cemeteries on
 
 5           all islands.]; and
 
 6     (10)  Oversee the development, establishment, and operation
 
 7           of the veterans cemeteries on Hawaii, Kauai, Maui,
 
 8           Molokai, and Lanai and develop and administer the
 
 9           policies and procedures of those cemeteries in
 
10           accordance with the United States Veterans
 
11           Administration and existing state guidelines; provided
 
12           that those cemeteries shall provide for the interment
 
13           of the remains of:
 
14           (A)  Residents or former residents of their respective
 
15                counties who died while in the armed forces of the
 
16                United States;
 
17           (B)  Honorably discharged veterans of the armed forces
 
18                of the United States with either peacetime or
 
19                wartime service and who were residents or former
 
20                residents of their respective counties at the time
 
21                of death;
 
22           (C)  Widows, widowers, or minor children of a deceased
 
23                veteran; and
 

 
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 1           (D)  The wife, husband, or minor children who
 
 2                predecease a veteran who would be entitled to
 
 3                interment; provided that the veteran must
 
 4                subscribe to a statement that the veteran will be
 
 5                interred in the same veterans cemetery;
 
 6           and provided further that as to former residents, the
 
 7           cost of transportation of the remains to the county of
 
 8           interment shall be borne by the family or estate of the
 
 9           deceased."
 
10      SECTION 2.  Section 363-5, Hawaii Revised Statutes, is
 
11 repealed.
 
12      ["§363-5 Councils' responsibility; burial of servicemen,
 
13 veterans and dependents.  The councils of the counties of Hawaii,
 
14 Kauai, and Maui shall each provide for the establishment of the
 
15 veterans cemetery or cemeteries to be located within their
 
16 respective counties, which includes grading, filling, leveling,
 
17 platting, paving of roadways and walks, installation of curbs,
 
18 building of fences, planting of grass, trees and shrubs, erection
 
19 of memorial buildings and monuments, and building of other
 
20 necessary or convenient structures, and shall make provisions for
 
21 the maintenance and upkeep of such cemetery or cemeteries.  The
 
22 councils shall each provide for the interment of the remains, of
 
23 (1) residents or former residents of their respective counties
 

 
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 1 who died while in the armed forces of the United States, and (2)
 
 2 of honorably discharged veterans of the armed forces of the
 
 3 United States with either peacetime or wartime service and who
 
 4 are residents of their respective counties at the time of death,
 
 5 or who were former residents, and (3) of the widows, widowers, or
 
 6 minor children of such deceased servicemen or veterans, and (4)
 
 7 of the wife, husband, or minor children who predecease a
 
 8 serviceman or veteran who would be himself entitled to interment
 
 9 provided that he must subscribe to a statement that he himself
 
10 will be so interred in the same veterans cemetery; and provided
 
11 further that as to former residents, the cost of transportation
 
12 of the remains to the county of interment shall be borne by the
 
13 family or estate of the deceased."]
 
14      SECTION 3.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 4.  This Act shall take effect on July 1, 2000.
 
17 
 
18                           INTRODUCED BY:  _______________________