UH; Hawaiians' Tuition Waiver

Amends existing law to specifically provide that: (1) OHA may
expend funds to pay tuition for students who are Hawaiian or
Native Hawaiian attending UH; and (2) the UH Board of Regents may
waive or reduce tuition or other fees for students who are
Hawaiian or Native Hawaiian.  (SB456 SD2 HD1)

THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature recognizes that there is a
 2 special relationship between the Hawaiian people and the State of
 3 Hawaii.  The legislature also recognizes that Hawaiians are the
 4 largest under-represented group of students in the University of
 5 Hawaii system.  Young Hawaiians would benefit from having more
 6 positive role models, and higher education is the key in helping
 7 to develop such role models.  
 8      The legislature notes that in 1993, in recognition of the
 9 need that Hawaiians, as a group, required more financial
10 assistance to achieve higher education goals, the legislature
11 passed Act 360, Session Laws of Hawaii (SLH) 1993, which mandated
12 the University of Hawaii to waive all tuition fees for two
13 hundred fifty Hawaiian students in addition to tuition waivers
14 that were already being granted.
15      The purpose of this Act is to amend existing law to
16 expressly provide that the board of trustees for the office of
17 Hawaiian affairs may expend funds to pay the tuition of students
18 who are Hawaiian or native Hawaiian, as defined in section 10-2,
19 Hawaii Revised Statutes, attending the University of Hawaii,
20 where those students fulfill criteria established by the board.

Page 2                                                     456
                                     S.B. NO.           S.D. 2
                                                        H.D. 1

 1 The bill also amends existing law to specifically provide that
 2 the University of Hawaii board of regents may waive entirely or
 3 reduce the tuition fee or any of the other fees for students who
 4 are Hawaiian or native Hawaiian.
 5      SECTION 2.  Section 10-5, Hawaii Revised Statutes, is
 6 amended to read as follows:
 7      "10-5 Board of trustees; powers and duties.  The board
 8 shall have the power in accordance with law to:
 9      (1)  Manage, invest, and administer the proceeds from the
10           sale or other disposition of lands, natural resources,
11           minerals, and income derived from whatever sources for
12           native Hawaiians and Hawaiians, including all moneys
13           received by the office equivalent to that pro rata
14           portion of the revenue derived from the public land
15           trust referred to in section 10-2;
16      (2)  Exercise control over real and personal property set
17           aside to the office by the State of Hawaii, the United
18           States of America, or any private sources, and
19           transferred to the office for native Hawaiians and
20           Hawaiians; provided that all of the properties acquired
21           by the office shall be controlled and managed for the
22           purposes of this chapter, subject to any limitations of
23           the trust provisions established by article XII,
24           sections 5 and 6, of the state Constitution;

Page 3                                                     456
                                     S.B. NO.           S.D. 2
                                                        H.D. 1

 1      (3)  Collect, receive, deposit, withdraw, and invest money
 2           and property on behalf of the office;
 3      (4)  Formulate policy relating to the affairs of native
 4           Hawaiians and Hawaiians[,]; provided that such policy
 5           shall not diminish or limit the benefits of native
 6           Hawaiians under article XII, section 4, of the state
 7           Constitution;
 8      (5)  Otherwise act as a trustee as provided by law;
 9      (6)  Delegate to the administrator, its officers, and
10           employees such powers and duties as may be proper for
11           the performance of the powers and duties vested in the
12           board;
13      (7)  Provide grants to public or private agencies for pilot
14           projects, demonstrations, or both, where those projects
15           or demonstrations fulfill criteria established by the
16           board;
17      (8)  Make available technical and financial assistance and
18           advisory services to any agency or private organization
19           for native Hawaiian and Hawaiian programs, and for
20           other functions pertinent to the purposes of the office
21           of Hawaiian affairs.  Financial assistance may be
22           rendered through contractual arrangements as may be
23           agreed upon by the board and any such agency or
24           organization; [and]

Page 4                                                     456
                                     S.B. NO.           S.D. 2
                                                        H.D. 1

 1      (9)  Expend funds to pay the tuition of students who are
 2           native Hawaiian or Hawaiian attending the University of
 3           Hawaii, where those students fulfill criteria
 4           established by the board; and
 5 [(9)](10) Adopt and use a common seal by which all official acts
 6           shall be authenticated."
 7      SECTION 3.  Section 304-4, Hawaii Revised Statutes, is
 8 amended by amending subsection (b) to read as follows:
 9      "(b)  The board may charge resident and nonresident tuition
10 fees for regular courses of instruction at any University of
11 Hawaii campus, including any community college.
12      The board may also charge other fees for special programs of
13 instruction, as well as laboratory fees, course fees, fees for
14 student activities, and an information technology user fee.  The
15 board may charge other fees for summer session or evening
16 courses, including differential fees for nonresident students.
17      The board may waive entirely or reduce the tuition fee or
18 any of the other fees for graduate teaching and research
19 assistants.  The board may enter into agreements with government
20 and university officials of any other state or foreign country to
21 provide for reciprocal waiver of the nonresident tuition and fee
22 differential.  The board may waive the nonresident tuition and
23 fee differential for selected students from Pacific and Asian

Page 5                                                     456
                                     S.B. NO.           S.D. 2
                                                        H.D. 1

 1 jurisdictions when their presence would be beneficial to the
 2 university or the State.  The board may waive entirely or reduce
 3 the tuition fee or any of the other fees for students, resident
 4 or nonresident[.], including students who are Hawaiian or native
 5 Hawaiian, as defined in section 10-2.  The board shall determine
 6 the percentage of allowable tuition and fee waivers for financial
 7 need and other university priorities.  These tuition waivers and
 8 waivers of the nonresident tuition and fee differential shall be
 9 awarded in accordance with guidelines established by the board."
10      SECTION 4.  Statutory material to be repealed is bracketed.
11 New statutory material is underscored.
12      SECTION 5.  This Act shall take effect on July 1, 1999.