§5-22 Hawaii medal of honor. (a) The Hawaii medal of honor may be awarded on behalf of the people of the State of Hawaii to an individual who has been killed in action while:
(1) Engaged in an action against an enemy of the United States;
(2) Engaged in military operations involving conflict with an opposing foreign force;
(3) Serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party;
(4) Serving in a combat zone as designated by presidential order;
(5) Serving in direct support of military operations in a combat zone if that service is designated as such by the United States Department of Defense; or
(6) Performing duty subject to hostile fire or imminent danger if that duty qualifies the individual for special military pay as determined by the United States Department of Defense.
(b) A recipient of the Hawaii medal of honor may have the recipient's name entered on the Hawaii medal of honor roll.
(c) Individuals eligible to receive the Hawaii medal of honor include:
(1) Members of the Hawaii National Guard who were legal residents of Hawaii and were activated into service at the time they were killed in action;
(2) Members of the United States military reserves who were legal residents of Hawaii and were activated into service at the time they were killed in action;
(3) Members of the regular United States armed forces who were:
(A) Legal residents of Hawaii at the time they were killed in action; or
(B) Stationed in Hawaii by a proper order of the United States Department of Defense at the time they were killed in action; and
(4) Members of the Hawaii National Guard or United States military reserves who were activated into service, or members of the regular United States armed forces, who:
(A) Attended a public or private educational institution in Hawaii at some period during their lives; and
(B) Were killed in action.
(d) The Hawaii medal of honor shall be awarded solely by a concurrent resolution:
(1) Introduced by:
(A) The president of the senate;
(B) The speaker of the house of representatives; or
(C) The duly authorized representative of the president of the senate or the speaker of the house of representatives; and
(2) Adopted by both houses of the legislature. [L 2005, c 21, §2; am L 2013, c 9, §2]
Section was enacted as an addition to chapter 121 but is renumbered to this chapter pursuant to §23G-15.
POW/MIA flag; recognition; use, see §5-18.5.