Bill Text: HI SB2105 | 2024 | Regular Session | Introduced
Bill Title: Relating To Higher Education.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2024-02-01 - The committee on HRE deferred the measure. [SB2105 Detail]
Download: Hawaii-2024-SB2105-Introduced.html
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THE SENATE |
S.B. NO. |
2105 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that existing
law allows the board of regents of the university of Hawaii to charge resident
and nonresident tuition fees for regular courses of instruction within the university
of Hawaii system, including community colleges.
The legislature also finds that the board of regents subscribes to a
tuition policy that seeks to keep costs for resident students at the lowest
practical level, and therefore, resident tuition fees within the university of
Hawaii system are significantly lower than tuition fees for nonresidents.
The
legislature also finds that existing law sets forth a basic rule in defining whether
a student is a "resident" for purposes of qualifying for the resident
tuition rates within the university of Hawaii system, limiting resident tuition
fees to students who have been a bona fide resident of the State for at
least twelve consecutive months next preceding the student's first day of
officially scheduled instruction. The
legislature further finds that the basic rule, enacted in 2006, has
had a disparate impact on certain aliens and other individuals who are lawfully
present in the United States and wish to enroll in the university of Hawaii
system, but have not been consecutively present in the State for twelve months.
The
legislature further finds that the Compacts of Free Association (COFA) treaties
provide individuals from the Marshall Islands, the Federated States of
Micronesia, and Republic of Palau the right to live, work, and receive some
public welfare benefits from the United States.
As of 2017, there were approximately 18,504 COFA residents in the State,
comprising 1.3 per cent of the state population. Presently, the board of regents has adopted a
policy to allow students from certain Pacific Island jurisdictions, including
COFA nations, to attend the university of Hawaii at one hundred fifty per cent
of the resident tuition fee. However,
there are no comparable exemptions to the non-resident tuition fee for students
who are refugees or special immigrant visa holders.
The
legislature finds that postsecondary education assists graduates by
preparing them for jobs and career paths that typically pay higher wages, which
enable them to achieve their educational and career goals and afford the
State's high cost of living. The
legislature also finds that increased enrollment and completion of
postsecondary education will increase and enhance the State's human capital. Therefore, the legislature finds that this
Act, which increases the number of certain individuals
who may enroll and receive postsecondary education within the university of
Hawaii system of the resident tuition fee, serves the State's interest, and is
therefore a matter of statewide concern pursuant to article X, section 6, of
the Hawaii State Constitution.
Accordingly, the purpose of this Act is to authorize individuals who entered the United States under Compact of Free Association treaties, refugees, and special immigrant visa holders to qualify for resident tuition fees within the university of Hawaii system.
SECTION 2. Section 304A-402, Hawaii Revised Statutes, is amended to read as follows:
"[[]§304A-402[]] Residence
for tuition purposes; basic rule. (a) The board of regents shall adopt the
necessary rules defining residence for tuition purposes herein; provided that
the basic rule shall be that, except as provided in subsections (b) and (c),
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).
(b) A student who is an individual from a COFA
nation shall qualify for the resident tuition fee; provided that:
(1) In the case of an individual from a COFA
nation who is not a citizen or lawful permanent resident of the United States,
the individual:
(A) Attended an elementary or secondary school
in the State during each of the three years immediately before
receiving a high school diploma or high school equivalency diploma, or leaving
school before receiving a high school diploma or high school equivalency
diploma;
(B) Attended an elementary or
secondary school in any state or territory of the United States, District of
Columbia, or Commonwealth of Puerto Rico during each of the five years
immediately before receiving a high school diploma or high school equivalency
diploma, or leaving school before receiving a high school diploma or high
school equivalency diploma; or
(C) Received a high school diploma or
high school equivalency diploma in the State; or
(2) In the case of an individual from a
COFA nation who is financially dependent upon a person who is not a citizen or
lawful permanent resident of the United States, the individual meets one of the
criteria in subparagraphs (1)(A) through (C) and resided with the person upon
whom the individual is dependent.
(c) A student who is a refugee or special
immigrant visa holder shall qualify for the resident tuition fee to the extent
permitted under applicable federal law.
(d) For the purposes of this
subsection:
"Individual
from a COFA nation" means an individual who legally entered the United
States under a Compact of Free Association treaty between the United States and
any of the following countries:
(1) The Republic of the Marshall
Islands;
(2) The Federated States of Micronesia;
or
(3) The Republic of Palau.
"Refugee"
means an individual who is granted refugee status for admission to the United
States by the United States Citizenship and Immigration Services.
"Special
immigrant visa holder" means an individual who has received a green card under
the United States Citizenship and Immigration Services special immigrant
program."
SECTION
3. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
UH; COFA Nations; COFA Residents; Refugees; Special Immigrant Visa Holders; Resident Tuition Fee; Exemption
Description:
Authorizes students who are individuals from a COFA nation, refugees, or special immigrant visa holders to qualify for the resident tuition fee within the University of Hawaii system, under certain conditions.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
