Hawaii-2015-HB704-Introduced

SECTION 1. Section 304A-402, Hawaii Revised Statutes, is amended to read as follows:

"[[]§304A-402[]] Residence for tuition purposes; basic rule. The board of regents shall adopt [~~the necessary~~] rules defining residence for tuition purposes herein; provided that the basic rule shall be that a student shall qualify for the resident tuition fee [~~only~~] if the following criteria are met:

(1) The adult student, or in the case of a minor student, the student's parents or guardians, has or have been a bona fide resident of this State for at least twelve consecutive months next preceding the student's first day of officially scheduled instruction for any semester or term in which the student is enrolling at the particular college or campus; and

(2) The adult or minor student has not been claimed as a dependent for tax purposes for at least twelve months next preceding the student's first day of officially scheduled instruction for any semester or term in which the student is enrolling at the particular college or campus by the student's parents or guardians who are nonresidents of the State; provided that this provision shall not apply in cases where the parent claiming the student as a dependent is entitled to do so under a child support order or agreement issued or entered into in conjunction with a divorce proceeding or legal separation agreement and the other parent and the student meet the criteria set forth in paragraph (1)[.];

provided that the residency requirements of this section shall not apply to a student who meets the qualifications of section 304A-502(c)."

SECTION 2. Section 304A-502, Hawaii Revised Statutes, is amended to read as follows:

"[[]§304A-502[~~] Power of regents to grant tuition~~] Tuition waivers. (a) The board of regents, or its designated representatives, [~~is authorized to~~] may grant, modify, or suspend tuition waivers.

(b) The board may:

(1) Waive entirely or reduce the tuition fee or any of the other fees for graduate teaching and research assistants;

(2) Enter into agreements with government and university officials of any other state or foreign country to provide for reciprocal waiver of the nonresident tuition and fee differential;

(3) Waive the nonresident tuition and fee differential for selected students from Pacific and Asian jurisdictions when their presence would be beneficial to the university or the State;

(4) Waive entirely or reduce the tuition fee or any of the other fees for students, resident or nonresident; and

(5) Waive the nonresident tuition and fee differential for members in good standing of the following military units, regardless of their actual state of residence:

(A) The Hawaii national guard; and

(B) The federal reserve components of the United States Army, Navy, Air Force, Marine Corps, and Coast Guard who attend drills with units located within the State.

(c) Beginning with the 2015-2016 academic year, the board shall waive the nonresident tuition and fee differential for a student who is at the time of enrollment an active duty member of the armed services of the United States and stationed in this State, or:

(1) Has served in the armed forces of the United States for not less than two years;

(2) Was relieved or discharged from that service with an honorable discharge;

(3) Enters any University of Hawaii campus, including any community college, within one year of the date of separation from the armed forces of the United States; and

(4) Provides proof that the student has established a physical presence in Hawaii within one year of being enrolled at the University of Hawaii campus, including any community college.

(d) Any person who served in the armed forces of the United States and who receives federal tuition benefits in excess of the tuition and fees the person is charged at a University of Hawaii campus, including any community college, shall pay tuition and fees equal to the federal tuition benefits received.

(e) The board shall determine the percentage of allowable tuition and fee waivers for financial need and other university priorities. These tuition waivers and waivers of the nonresident tuition and fee differential shall be awarded in accordance with guidelines established by the board."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2015.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	704
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII