SB2105

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

(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.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2105
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII