HB1378: (3rd New Title) relative to New Hampshire service awards for veterans of World War II, the Korean War, and the Vietnam War and making an appropriation therefor; and relative to tuition waivers and room and board scholarships at state educational institutions for children of certain firefighters and police officers who died while in performance of their duties.

CHAPTER 249

HB 1378-FN-A – FINAL VERSION

29Jan2004… 0117h

05/06/04 1429s

05/06/04 1535s

25May2004… 1674eba

2004 SESSION

03-2177

09/10

HOUSE BILL 1378-FN-A

AN ACT relative to New Hampshire service awards for veterans of World War II, the Korean War, and the Vietnam War and making an appropriation therefor; and relative to tuition waivers and room and board scholarships at state educational institutions for children of certain firefighters and police officers who died while in performance of their duties.

SPONSORS: Rep. Pepino, Hills 51; Rep. Burling, Sull 19; Rep. Milligan, Hills 58; Rep. Mercer, Hills 59; Sen. Barnes, Dist 17; Sen. Larsen, Dist 15; Sen. Kenney, Dist 3

COMMITTEE: State-Federal Relations and Veterans Affairs

AMENDED ANALYSIS

This bill establishes New Hampshire service awards for veterans of World War II, the Korean War, and the Vietnam War who were residents of New Hampshire at their time of entrance into military service. An appropriation is made to the adjutant general for purposes of design, manufacture or production, and distribution of the awards.

The bill also waives tuition at state educational institutions for children of firefighters and police officers who died while in performance of their duties. The bill establishes the chancellor’s scholarship endowment trust fund to provide room and board scholarships to persons who qualify for this tuition waiver at state college and university system institutions.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

29Jan2004… 0117h

05/06/04 1429s

05/06/04 1535s

25May2004… 1674eba

03-2177

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to New Hampshire service awards for veterans of World War II, the Korean War, and the Vietnam War and making an appropriation therefor; and relative to tuition waivers and room and board scholarships at state educational institutions for children of certain firefighters and police officers who died while in performance of their duties.

Be it Enacted by the Senate and House of Representatives in General Court convened:

249:1 New Subdivision; Service Awards for Veterans of World War II, the Korean War, and the Vietnam War. Amend RSA 115-A by inserting after section 15 the following new subdivision:

New Hampshire Service Awards

115-A:16 New Hampshire Service Awards.

I. The adjutant general shall, with the cooperation and advice of the director of the state veterans council and the state veterans advisory committee, design and cause to be manufactured or produced service awards for service in World War II, the Korean War, and the Vietnam War. Service awards may be in the form of medals, medallions, or certificates.

II. The awards shall be designed in a manner which:

(a) Indicates the major branches of the armed forces, which are the army, navy, air force, marine corps, and coast guard.

(b) Displays the seal of the state of New Hampshire and a likeness of the “Old Man of the Mountain.”

(c) Displays an inscription stating that the award is a “New Hampshire Award for Service,” the name of the war in which the recipient served and the beginning and ending dates of the war.

115-A:17 Eligibility for Award. Any person who served in any of the following wars; who, if deemed necessary by the adjutant general, earned the appropriate service medal; and who was honorably discharged, or who is missing in action, or who was killed in action; and who, at the time of entry on such active service, and at the time of such service was a bona fide resident of this state shall be eligible for the award provided under this subdivision. Eligible service is service in:

I. “World War II” between December 7, 1941 and December 31, 1946.

II. The “Korean War” between June 27, 1950 and January 31, 1955.

III. The “Vietnam War” between August 5, 1964 and May 7, 1975 or between February 28, 1961 and May 7, 1975 for persons who served in Vietnam prior to August 5, 1964.

115-A:18 Application for Service Award. Any person eligible for a service award under this subdivision, or if such person is incapacitated or deceased, the surviving spouse or child of such eligible person, may apply to the adjutant general for such service award during 2-year application time periods established by the adjutant general for each war. The adjutant general shall establish application forms and procedures.

115-A:19 Rulemaking. The adjutant general shall adopt rules, pursuant to RSA 541-A, relative to:

I. The dates for the 2-year application time period for each war for which a service award may be awarded under this subdivision.

II. Application forms and procedures under RSA 115-A:18.

III. Any other matter deemed necessary by the adjutant general relative to the design, manufacture, production, or distribution of service awards under this subdivision.

115-A:20 Gifts, Grants, and Donations. Notwithstanding any other provision of law, the adjutant general may solicit and receive monetary gifts, grants, or donations for the purpose of paying costs of the design, manufacture or production, and distribution of New Hampshire service awards under this subdivision.

115-A:21 New Hampshire Service Award Fund. There is established in the office of the state treasurer a fund to be known as the New Hampshire service award fund. All monetary gifts, grants, and donations received by the adjutant general pursuant to RSA 115-A:20 shall be deposited in such fund. The fund is established to pay the costs of the design, manufacture or production, and distribution of New Hampshire service awards under this subdivision. The money in this fund shall be nonlapsing and shall be continually appropriated to the department of the adjutant general.

249:2 Appropriation; Adjutant General. The sum of $10,000 is hereby appropriated to the New Hampshire service award fund for the fiscal year ending June 30, 2005, for the purposes of start-up costs for the design, manufacture or production, and distribution of New Hampshire service awards under RSA 115-A:16-21, as inserted by section 1 of this act. This appropriation shall be nonlapsing. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

249:3 Contingency. If by July 1, 2006, the funds contained in the New Hampshire service award fund are insufficient to fund the costs of the design, manufacture, and distribution of New Hampshire service awards in the form of medallions or medals, the adjutant general shall use the funds contained in the New Hampshire service award fund to design, produce, and distribute New Hampshire service awards in the form of certificates.

249:4 New Section; State College and University System; Tuition Waived for Children of Certain Firefighters and Police Officers. Amend RSA 187-A by inserting after section 20 the following new section:

187-A:20-a Tuition Waived for Children of Certain Firefighters and Police Officers; Room and Board Scholarships.

I. A person who is a New Hampshire resident, who is under 25 years of age, and who enrolls in the university of New Hampshire, Plymouth state university, or Keene state college shall not be required to pay tuition for attendance at such institution if he or she is the child of a firefighter or police officer who died while in performance of his or her duties and whose death was found to be compensable pursuant to RSA 281-A.

II. Any person entitled to free tuition under this section shall apply to the board of trustees of the university system, and the board may require such proof as it deems necessary in order for a person to qualify for free tuition under this section.

III.(a) There is hereby established in the office of the treasurer the chancellor’s scholarship endowment trust fund which shall be kept distinct and separate from all other funds. The chancellor and trustees of the university system may seek and accept private donations, which shall be credited to the trust fund to provide room and board scholarships for persons who qualify for tuition waivers under this section.

(b) The state treasurer shall be the trustee of the trust fund established in this chapter and shall invest the trust fund in accordance with RSA 6:8. Any earnings on trust fund moneys shall be added to the trust fund.

(c) All moneys in the trust fund shall be nonlapsing and shall be continually appropriated to the board of trustees of the university system for purposes of providing room and board scholarships under this paragraph.

249:5 New Section; Regional Community-Technical Colleges; Tuition Waived for Children of Certain Firefighters and Police Officers. Amend RSA 188-F by inserting after section 16 the following new section:

188-F:16-a Tuition Waived for Children of Certain Firefighters and Police Officers.

I. A person who is a New Hampshire resident, who is under 25 years of age, and who enrolls in the regional community-technical institute or a regional community-technical college shall not be required to pay tuition for attendance at such school if he or she is the child of a firefighter or police officer who died while in performance of his or her duties and whose death was found to be compensable under RSA 281-A.

II. Any person entitled to free tuition under this section shall apply to the commissioner, who may require such proof as deemed necessary in order for a person to qualify for free tuition under this section.

249:6 New Subdivision; Service Awards for Veterans of World War II, the Korean War, and the Vietnam War. Amend RSA 115-A by inserting after section 22 the following new subdivision:

New Hampshire Service Awards

115-A:23 New Hampshire Service Awards.

I. The adjutant general shall, with the cooperation and advice of the director of the state veteran’s council and the state veterans advisory committee, design and cause to be manufactured or produced service awards for service in World War II, the Korean War, and the Vietnam War. Service awards may be in the form of medals, medallions, or certificates.

II. The awards shall be designed in a manner which:

(a) Indicates the major branches of the armed forces, which are the army, navy, air force, marine corps, and coast guard.

(b) Displays the seal of the state of New Hampshire and a likeness of the “Old Man of the Mountain.”

(c) Displays an inscription stating that the award is a “New Hampshire Award for Service,” the name of the war in which the recipient served and the beginning and ending dates of the war.

115-A:24 Eligibility for Award. Any person who served in any of the following wars; who, if deemed necessary by the adjutant general, earned the appropriate service medal; and who was honorably discharged, or who is missing in action, or who was killed in action; and who, at the time of entry on such active service, and at the time of such service was a bona fide resident of this state shall be eligible for the award provided under this subdivision. Eligible service is service in:

I. “World War II” between December 7, 1941 and December 31, 1946.

II. The “Korean War” between June 27, 1950 and January 31, 1955.

III. The “Vietnam War” between August 5, 1964 and May 7, 1975 or between February 28, 1961 and May 7, 1975 for persons who served in Vietnam prior to August 5, 1964.

115-A:25 Application for Service Award. Any person eligible for a service award under this subdivision, or if such person is incapacitated or deceased, the surviving spouse or child of such eligible person, may apply to the adjutant general for such service award during 2-year application time periods established by the adjutant general for each war. The adjutant general shall establish application forms and procedures.

115-A:26 Rulemaking. The adjutant general shall adopt rules, pursuant to RSA 541-A, relative to:

I. The dates for the 2-year application time period for each war for which a service award may be awarded under this subdivision.

II. Application forms and procedures under RSA 115-A:25.

III. Any other matter deemed necessary by the adjutant general relative to the design, manufacture, production, or distribution of service awards under this subdivision.

115-A:27 Gifts, Grants, and Donations. Notwithstanding any other provision of law, the adjutant general may solicit and receive monetary gifts, grants, or donations for the purpose of paying costs of the design, manufacture or production, and distribution of New Hampshire service awards under this subdivision.

115-A:28 New Hampshire Service Award Fund. There is established in the office of the state treasurer a fund to be known as the New Hampshire service award fund. All monetary gifts, grants, and donations received by the adjutant general pursuant to RSA 115-A:27 shall be deposited in such fund. The fund is established to pay the costs of the design, manufacture or production, and distribution of New Hampshire service awards under this subdivision. The money in this fund shall be nonlapsing and shall be continually appropriated to the department of the adjutant general.

249:7 Appropriation; Adjutant General. The sum of $10,000 is hereby appropriated to the New Hampshire service award fund for the fiscal year ending June 30, 2005, for the purposes of start-up costs for the design, manufacture or production, and distribution of New Hampshire service awards under RSA 115-A:23-28, as inserted by section 7 of this act. This appropriation shall be nonlapsing. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

249:8 Contingency. If HB 1207-FN-A of the 2004 legislative session becomes law then sections 1 and 2 of this act shall not take effect and sections 6 and 7 of this act shall take effect July 1, 2004. If HB 1207-FN-A of the 2004 legislative session does not become law then sections 6 and 7 of this act shall not take effect and sections 1 and 2 of this act shall take effect July 1, 2004.

249:9 Effective Date.

I. Sections 1,2, 6, and 7 of this act shall take effect as provided in section 8 of this act.

II. The remainder of this act shall take effect July 1, 2004.

(Approved: June 15, 2004)

(Effective Date: I. Sections 1, 2, 6 and 7 shall take effect as provided in section 8.

II. Remainder shall take effect July 1, 2004.)