Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred H.B. No. 604 entitled:

begs leave to report as follows:

The purpose of this measure is to eliminate the state residency requirement for Hawaii National Guard members to receive tuition assistance. In addition, this measure exempts tuition assistance program policies and procedures from the administrative procedure requirements of chapter 91, Hawaii Revised Statutes.

Your Committee received testimony in favor of this measure from the University of Hawaii and State Adjutant General.

Your Committee finds that ensuring that the Hawaii National Guard (HNG) recruits and retains well-qualified and high caliber members is a top priority. The state tuition assistance program at the University of Hawaii for HNG members is recognized as a strong incentive for recruitment and retention. However, the current residency requirements are too stringent and unnecessarily eliminate high quality candidates. Your Committee believes that a modification of the residency requirements would be appropriate to expand the candidate pool.

Therefore, your Committee has amended this measure by reinstating the residency requirement but providing that the tuition recipient must meet the definition of a "resident" as inserted by your Committee. Your Committee used as a model the definition of "resident" included in section 78-1(c), Hawaii Revised Statutes, for public employees. Your Committee finds that this definition is appropriate because it requires that a person demonstrate an intent to make Hawaii a permanent home, but does not include a definite period of time that a person must remain in the State before claiming residency.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 604, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 604, S.D. 1, and be referred to the Committee on Ways and Means.