Bill Text: HI SB2008 | 2024 | Regular Session | Introduced
Bill Title: Relating To University Of Hawaii Tuition.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-02-01 - The committee on HRE deferred the measure. [SB2008 Detail]
Download: Hawaii-2024-SB2008-Introduced.html
THE SENATE |
S.B. NO. |
2008 |
THIRTY-SECOND LEGISLATURE, 2024 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
||
|
A BILL FOR AN ACT
RELATING TO UNIVERSITY OF HAWAII TUITION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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 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 board of regents has adopted a policy
allowing undocumented aliens who are not lawfully present in the United States,
including aliens whose deportation has been deferred pursuant to the Deferred
Action for Childhood Arrivals (DACA) program, to be eligible for the resident
tuition fee under certain conditions. The
legislature finds, however, that this policy may be deemed invalid under
section 411 of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996, unless there is state law that affirmatively enables these aliens
to be eligible for such postsecondary education benefits.
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 State residents who may enroll and receive
postsecondary education at the university of Hawaii, serves the State's interest,
and is therefore a matter of statewide concern.
Accordingly, the purpose of this Act is to:
(1) Allow certain aliens who are lawfully present in the United States to be eligible for the resident tuition fees in certain conditions; and
(2) Affirmatively allow DACA aliens who are not lawfully present in the United States to be eligible for resident tuition rates under certain conditions.
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 subsection (b), 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) An alien student shall be eligible for the
resident tuition fee to the extent permitted under applicable federal law; provided
that the alien student:
(1) Has resided in the State for
at least three months;
(2) At the time of application:
(A) Is lawfully admitted for permanent
residence under the federal Immigration and Nationality Act, whose permanent
resident status has not been terminated, is eligible to file for naturalization
in the State, and has filed for naturalization in the State;
(B) Has been granted asylum pursuant to section 208 of the federal
Immigration and Nationality Act and whose asylee status has not been
terminated; or
(C) Is a refugee who has been admitted to the United States pursuant
to section 207 of the federal Immigration and Nationality Act and whose refugee
status has not been terminated; and
(3) At the time of enrollment, is not eligible
to enroll in a public postsecondary educational institution located in another
state upon payment of in-state or resident tuition fees for the institution.
(c) An alien student who is not lawfully present
in the United States shall be eligible for the resident tuition
fee to the extent permitted under applicable federal law; provided that the
alien student:
(1) Has established domicile in the State and satisfies
subsection (a);
(2) Attended a public or private high
school in the United States for a period not less than three years;
(3) Graduated from a public or private
high school in the United States or attained the equivalent thereof in the
United States;
(4) At the time of enrollment, is not eligible
to enroll in a public postsecondary educational institution located in another
state upon payment of in-state or resident tuition fees for the institution; and
(5) Has filed:
(A) An application for Deferred Action
for Childhood Arrivals with the Department of Homeland Security United States
Citizenship and Immigration Services;
(B) An application for a lawful
immigration status pursuant to the federal Immigration and Naturalization Act;
or
(C) A notarized affidavit with the
university, attesting that the alien student will file for an application pursuant
to paragraph (A) or (B) as soon as the alien student becomes eligible to do so."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
INTRODUCED BY: |
_____________________________ |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Report Title:
Higher Education; University of Hawaii System; Resident Tuition Fee; Qualification; Eligibility; Basic Rule; Lawful Permanent Residents; Asylees; Refugees; Deferred Action for Childhood Arrivals (DACA)
Description:
Allows
certain lawful permanent residents, asylees, and refugees, and certain DACA aliens
who are not lawfully present in the United States to be eligible for the
resident tuition fee at any University of Hawaii campus 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.