HOUSE OF REPRESENTATIVES

H.B. NO.

2053

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE UNIVERSITY OF HAWAII.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 304A, Hawaii Revised Statutes, is amended by adding four new sections to be appropriately designated and to read as follows:

     "§304A-A  Exemption from nonresident tuition.  (a)  Notwithstanding any other law to the contrary, a student other than a nonimmigrant alien within the meaning of Title 8 United States Code section 1101(a)(15), who meets all of the following requirements shall be exempt from paying nonresident tuition at any University of Hawaii campus, including any community college of the State:

     (1)  High school attendance in Hawaii for three or more years;

     (2)  Graduation from a Hawaii high school or attainment of the equivalent thereof;

     (3)  Registration as an entering student at, or current enrollment at, an accredited institution of higher education in Hawaii not earlier than the fall semester of the 2014-2015 academic year; and

     (4)  In the case of a person without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize the student's immigration status, or will file an application as soon as the student is eligible to do so.

     (b)  Student information obtained in the implementation of this section shall be held confidential.

     (c)  The board of regents shall adopt rules under chapter 91 to implement this section.

     §304A-B  Scholarship from nonstate funds; eligibility.  (a)  Notwithstanding any other law to the contrary and not earlier than the fall semester of the 2014-2015 academic year, a student attending the University of Hawaii or a community college of this State who is exempt from paying nonresident tuition under section 304A-A shall be eligible to receive a scholarship that is derived from nonstate funds received, for the purpose of scholarships, by the college that the student is attending.

     (b)  This section is a state law within the meaning of Title 8 United States Code section 1621(d).

     §304A-C  Eligibility to participate in student aid programs.  (a)  Notwithstanding any other law to the contrary, and except as provided in subsection (b), the board of regents shall establish procedures and forms to enable persons who are exempt from paying nonresident tuition under section 304A-A, or who meet equivalent requirements adopted by the board of regents, to apply for, and participate in, all student aid programs administered by the University of Hawaii and the community colleges of this State to the full extent permitted by federal law.  Participation in the student aid programs under this section shall be allowed no earlier than the fall semester of the 2014-2015 academic year.

     (b)  The number of financial aid awards received by Hawaii resident students from financial aid programs administered by the University of Hawaii and the community colleges of this State shall not be diminished as a result of the application of subsection (a).

     (c)  This section is a state law within the meaning of Title 8 United States Code section 1621(d).

     §304A-D  Suits regarding section 304A-A, 304A-B, or 304A-D; termination of waivers; immunity from money damages.  If a state court finds that section 304A-A, 304A-B, or 304A-C, or any similar provision 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 provision, but the University of Hawaii shall be immune from the imposition of any award of money damages, tuition refund or waiver, or other retroactive relief."

     SECTION 2.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 3.  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 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on January 1, 2013.

 

INTRODUCED BY:

_____________________________

 

 

 

 

 

 


 


 

Report Title:

UH; Waiver of Nonresident Tuition; Eligibility for Scholarships and Financial Aid

 

Description:

Exempts illegal immigrant students at the UH and community colleges from paying nonresident tuition under certain conditions; allows those students to receive scholarships from nonstate funds and participate in financial aid programs.  Requires the board of regents to adopt rules.  Limits relief allowed if a court finds any applicable statute unlawful.

 

 

 

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