Report Title:

Hawaii National Guard; Tuition Reimbursement; Active Service

Description:

Provides reimbursement for law and medical school tuition paid retroactive to the 2001-2002 school year. Limits reimbursement to guardsmen that have been deployed on active duty to a combat zone.

HOUSE OF REPRESENTATIVES

H.B. NO.

890

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the hawaii national guard.

 

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

SECTION 1. The terrorist attacks of September 11, 2001, continue to have repercussions today. Thousands of military service members and their families are grappling with the news of upcoming deployments to dangerous, volatile, and unstable areas of the world, such as Iraq and Afghanistan. In addition, many of those who have already completed one tour of duty face re-deployment in what the United States Department of Defense describes as the largest series of troop rotations since World War II. For instance, approximately eighty-five thousand regular, United States reserves, and national guard troops will be deployed to Iraq as part of the rotation. Such a massive mobilization and deployment of United States forces has not left Hawaii untouched.

The assigned strength of the Hawaii army national guard and Hawaii air national guard stands at around three thousand and two thousand five hundred, respectively. As of January 2005, over eighty per cent of the Hawaii Army national guard, including the entire 29th Brigade Combat Team has been mobilized for deployment to either Iraq or Afghanistan.

Even beyond the sheer numbers, however, the effects of the call-up of the national guard are substantial. Although national guard members recognize their duty and are willing to serve their nation, the disruption to their personal and professional lives cannot be denied. Individuals from all walks of life--from college students and engineers to physicians and public servants--are plucked from their daily routines and sent overseas under hostile conditions. For example, students in certain fields of graduate study, such as law and medical school, who are also members of the Hawaii national guard, may have been activated while studying for bar or other accreditation examinations. While prospectively, national guard members may receive reimbursement for tuition paid for graduate school, those national guard members who have just completed graduate school and who are being deployed to combat zones will receive no such reimbursement.

For many, active service in the Hawaii national guard entails a significant disruption in their life plans. To send national guard members into harm's way while expecting them to absorb financial losses is unduly onerous and highly unfair. Rather, they should be provided as much support as possible and the impact on their lives should be minimized to the greatest extent feasible so that they can focus on accomplishing their mission without needing to worry about matters back at home.

As beneficiaries of their courageous and dedicated service, the people of this State bear a special responsibility toward United States military forces, but particularly toward our citizen-soldiers in the Hawaii national guard. The legislature finds that these patriotic men and women deserve the full support of the State.

The purpose of this Act is to alleviate, as much as practicable, the burden on citizen-soldiers in the national guard as they serve and protect the nation against its enemies by authorizing the reimbursement of tuition paid for law or medical school, retroactive to the 2001-2002 school year.

SECTION 2. (a) The state department of defense shall apply its tuition assistance program to reimburse Hawaii national guard members that have been deployed to a combat zone for at least six months between January 1, 2005 and June 30, 2006. For any tuition paid for post baccalaureate degrees conferred by either the school of law or medicine at the University of Hawaii. The tuition reimbursement required under this Act shall be retroactive to the 2001-2002 school year.

(b) For the purposes of this Act:

"Combat zone" means that area designated by the President of the United States by Executive Order as a combat zone for purposes of section 112 (with respect to certain combat pay of members of the armed forces) of the federal Internal Revenue Code of 1986, as amended, at any time during the periods designated by the President by Executive Order as the periods of combatant activities in the zone for the purposes of section 112, or when deployed outside the United States away from the individual's permanent duty station while participating in an operation designated by the Secretary of Defense as a contingency operation (as defined in section 101(a)(13) of title 10, United States Code) or which became such a contingency operation by operation of law, at any time during the period designated by the President by Executive Order as the period of combatant activities in such zone for purposes of such section or at any time during the period of such contingency operation or hospitalized as a result of injury received while serving in such zone or operation during such time.

"Tuition" means the amounts paid by a post baccalaureate college student in pursuit of a post baccalaureate degree in either the school of law or medicine at the University of Hawaii and includes fees, student charges, and the cost of books.

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, for the purpose of providing tuition reimbursement to Hawaii national guard members as provided in this Act.

SECTION 4. The sum appropriated shall be expended by the department of defense for the purposes of this Act.

SECTION 5. This Act shall take effect on July 1, 2005.

INTRODUCED BY:

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