SB2008

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 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 board of regents has adopted a policy allowing undocumented aliens who are not lawfully present in the United States, including aliens whose deportation has been deferred pursuant to the Deferred Action for Childhood Arrivals (DACA) program, to be eligible for the resident tuition fee under certain conditions. The legislature finds, however, that this policy may be deemed invalid under section 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, unless there is state law that affirmatively enables these aliens to be eligible for such postsecondary education benefits.

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 State residents who may enroll and receive postsecondary education at the university of Hawaii, serves the State's interest, and is therefore a matter of statewide concern.

Accordingly, the purpose of this Act is to:

(1) Allow certain aliens who are lawfully present in the United States to be eligible for the resident tuition fees in certain conditions; and

(2) Affirmatively allow DACA aliens who are not lawfully present in the United States to be eligible for resident tuition rates under certain conditions.

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 subsection (b), 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) An alien student shall be eligible for the resident tuition fee to the extent permitted under applicable federal law; provided that the alien student:

(1) Has resided in the State for at least three months;

(2) At the time of application:

(A) Is lawfully admitted for permanent residence under the federal Immigration and Nationality Act, whose permanent resident status has not been terminated, is eligible to file for naturalization in the State, and has filed for naturalization in the State;

(B) Has been granted asylum pursuant to section 208 of the federal Immigration and Nationality Act and whose asylee status has not been terminated; or

(C) Is a refugee who has been admitted to the United States pursuant to section 207 of the federal Immigration and Nationality Act and whose refugee status has not been terminated; and

(3) At the time of enrollment, is not eligible to enroll in a public postsecondary educational institution located in another state upon payment of in-state or resident tuition fees for the institution.

(c) An alien student who is not lawfully present in the United States shall be eligible for the resident tuition fee to the extent permitted under applicable federal law; provided that the alien student:

(1) Has established domicile in the State and satisfies subsection (a);

(2) Attended a public or private high school in the United States for a period not less than three years;

(3) Graduated from a public or private high school in the United States or attained the equivalent thereof in the United States;

(4) At the time of enrollment, is not eligible to enroll in a public postsecondary educational institution located in another state upon payment of in-state or resident tuition fees for the institution; and

(5) Has filed:

(A) An application for Deferred Action for Childhood Arrivals with the Department of Homeland Security United States Citizenship and Immigration Services;

(B) An application for a lawful immigration status pursuant to the federal Immigration and Naturalization Act; or

(C) A notarized affidavit with the university, attesting that the alien student will file for an application pursuant to paragraph (A) or (B) as soon as the alien student becomes eligible to do so."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. 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 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2008
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII