Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Judiciary and Hawaiian Affairs and Education, to which was referred H.B. No. 1335, H.D. 3, entitled:

beg leave to report as follows:

The purpose of this measure is to provide University of Hawaii students of Hawaiian ancestry partial or full tuition waivers, subject to admissions requirements and maintenance of satisfactory grade levels.

Testimony in support of this measure was submitted by the Department of Education, Office of Hawaiian Affairs, and one individual. Comments were submitted by the University of Hawaii.

Your Committees find that although the enrollment of Hawaiians in the University of Hawaii system has increased over the years, the total numbers of Hawaiians are still underrepresented in the system. Your Committees believe that this measure is vital in making higher education for Hawaiians more accessible and takes steps in a positive direction.

Your Committees noted the concerns raised by the University of Hawaii regarding the need for the Legislative Reference Bureau (LRB) to update its 1991 study, "Tuition Waivers for Hawaiian Students in Higher Education" and address other legal issues. Your Committees find that this measure is of importance and believe that this measure should continue on to the Committee on Ways and Means to facilitate further discussion.

However, to address the concerns raised by the University of Hawaii, your Committees have amended this measure by adding a second part to this measure to require the LRB to:

(2) Address current legal concerns regarding:

(a) Legal challenges to the native Hawaiian programs;

(b) The Akaka bill in Congress;

(c) Alternative sources of funding; and

Your Committees have also requested that the LRB submit a comprehensive report of this study to the Legislature no later than twenty days prior to the Regular Session of 2005.

As affirmed by the records of votes of the members of your Committees on Judiciary and Hawaiian Affairs and Education that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1335, H.D. 3, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1335, H.D. 3, S.D. 1, and be referred to the Committee on Ways and Means.