HOUSE OF REPRESENTATIVES

H.B. NO.

1457

TWENTY-SIXTH LEGISLATURE, 2011

H.D. 1

STATE OF HAWAII

S.D. 1

 

Proposed

 

 

 

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 students who do not hold a lawful immigration status encounter extreme hardship attending public institutions of higher education in the State, as they must pay a nonresident tuition and fee differential and are not eligible for financial assistance.  Many of these students have lived in the State for the majority of their lives and have thrived socially and academically.  In addition, many are unaware of their immigration status until they apply for admission to institutions of higher education.

     The legislature further finds that permitting these students to access higher education with the same benefits as resident citizens is in the public interest as it will allow them to fully realize their potential as productive members of society.

     Under the federal Immigration and Nationality Act, states have the authority to grant state and local public benefits to residents who do not have lawful immigration status.  The purpose of this Act, therefore, is to assist students who do not have lawful immigration status with accessing higher education by extending eligibility to allow for their participation in state financial aid programs and by exempting them from the nonresident tuition and fee differential students under certain circumstances.

     SECTION 2.  Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§304A-    Resident noncitizens; tuition; financial aid.  (a)  Students who are exempt from the nonresident tuition and fee differential under section 304A-502(c) shall be eligible to apply for and participate in all student financial aid and university programs administered by the university to the full extent permitted under federal law.

     (b)  The board of regents shall adopt rules and procedures to implement subsection (a).

     (c)  If a state court finds that subsection (a), or any similar rule adopted by the board of regents, is unlawful, the court may order, as equitable relief, that the administering entity that is the subject of the lawsuit terminate any waiver awarded under that statute or rule, but no money damages, tuition refund or waiver, or other retroactive relief may be awarded.  In any action in which the court finds that subsection (a), or any similar rule adopted by the board of regents is unlawful, the university shall be immune from the imposition of any award of money damages, tuition refund or waiver, or other retroactive relief."

     SECTION 3.  Section 304A-502, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§304A-502[]]  Power of regents to grant tuition waivers.  (a)  The board of regents, or its designated representatives, is authorized to grant, modify, or suspend tuition waivers.

     (b)  The board may:

     (1)  Waive entirely or reduce the tuition fee or any of the other fees for graduate teaching and research assistants;

     (2)  Enter into agreements with government and university officials of any other state or foreign country to provide for reciprocal waiver of the nonresident tuition and fee differential;

     (3)  Waive the nonresident tuition and fee differential for selected students from Pacific and Asian jurisdictions when their presence would be beneficial to the university or the State;

     (4)  Waive entirely or reduce the tuition fee or any of the other fees for students, resident or nonresident; and

     (5)  Waive the nonresident tuition and fee differential for members in good standing of the following military units, regardless of their actual state of residence:

         (A)  The Hawaii national guard; and

         (B)  The federal reserve components of the Army, Navy, Air Force, Marine Corps, and Coast Guard who attend drills with units located within the State.

     (c)  The board shall waive the nonresident tuition and fee differential for any resident noncitizen student who has:

     (1)  Attended a public or private high school in Hawaii for three or more years;

     (2)  Graduated from a public or private high school in Hawaii or has attained the equivalent thereof;

     (3)  Registered at or attends a campus within the University of Hawaii system; and

     (4)  Filed an affidavit with the university stating that the student has filed an application to legalize the student's immigration status or will file such application as soon as the student is able to do so.

     For purposes of this subsection, "resident noncitizen" means an individual domiciled in the State who does not have a lawful immigration status.

     (d)  The board shall determine the percentage of allowable tuition and fee waivers for financial need and other university priorities.  These tuition waivers and waivers of the nonresident tuition and fee differential shall be awarded in accordance with guidelines established by the board."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.



Report Title:

University of Hawaii; Immigration; Tuition; Financial Assistance

 

Description:

Extends eligibility for state financial aid and resident tuition to students of the University of Hawaii without lawful immigration status who meet certain specified criteria.  (Proposed SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.