Report Title:

UH Tuition Waivers

Description:

Provides tuition and fee waivers for qualified individuals enlisted in the Hawaii National Guard, and children of certain law enforcement and military personnel disabled, killed in the line of duty, or declared Prisoners of War or Missing in Action. Requires a full tuition refund for certain members of the Hawaii National Guard and military reservists. (SB2175 HD1)

THE SENATE

S.B. NO.

2175

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

RELATING TO EDUCATION.

 

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

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

"§304-    Tuition waivers for children of law enforcement officers, firefighters, emergency medical services personnel, and water safety officers. (a) Any natural or legally adopted child of a:

(1) Regular, paid law enforcement officer;

(2) Volunteer law enforcement officer;

(3) Regular, paid firefighter;

(4) Volunteer firefighter;

(5) Reserve police officer;

(6) Emergency medical technician;

(7) Mobile intensive care technician; or

(8) Water safety officer

who has been permanently and totally disabled or killed in the line of duty,

shall be entitled to receive a maximum of eight semesters of benefits, specifically for tuition at the University of Hawaii; provided that the child is twenty-one years of age or younger at the time of application, is a full-time or part-time student pursuing a prescribed course of study, and maintains satisfactory academic progress as determined by the college, university, or school; provided further that if the child receives any other benefits from any source specifically designated for tuition, the amount of tuition waived under this section shall be reduced by the amount of the other benefits. Nothing in this section shall be construed to require the State to remit any tuition for terms completed by a child prior to the child's application for the benefits provided under this section.

(b) The director of labor and industrial relations shall consult with the president of the University of Hawaii to carry out the purposes of this section.

§304-    Tuition waivers for children of disabled Hawaii veterans. (a) Any natural or legally adopted child of a permanently and totally disabled or killed veteran who:

(1) Filed Hawaii state income taxes for thirty-six consecutive months or more;

(2) Served in the Armed Forces of the United States from:

(A) April 6, 1917, to July 2, 1921;

(B) September 16, 1940, to December 31, 1946;

(C) June 25, 1950, to January 31, 1955;

(D) August 5, 1964, to May 7, 1975; or

(E) After August 2, 1990;

(3) Sustained service-connected disabilities or was killed in service as evidenced by records of the United States Department of Veterans Affairs, received wounds as a result of enemy action, or received the Purple Heart Medal; and

(4) Was not dishonorably discharged from the United States Armed Forces,

shall be entitled to receive a maximum of eight semesters of benefits, specifically for tuition, at the University of Hawaii; provided that the child is twenty-one years of age or younger at the time of application, is a full-time or part-time student pursuing a prescribed course of study, and maintains satisfactory academic progress as determined by the college, university, or school; provided further that if the child receives any other benefits from any source specifically designated for tuition, the amount of benefits provided under this section shall be reduced by the amount of the other benefits.

(b) This section shall apply to a child of a totally and permanently disabled Hawaii veteran even if the veteran sustained service-connected disabilities or was killed in service as evidenced by the records of the United States Department of Veterans Affairs, received wounds as a result of enemy action, or received the Purple Heart Medal before the effective date of this section. Nothing in this section shall be construed to require the State to remit any tuition for terms completed by a child prior to the child's application for the benefits provided under this section.

(c) The director of the office of veterans' services shall consult with the president of the University of Hawaii to carry out the purposes of this section.

§304-    Tuition waivers for children of Hawaii veterans declared prisoners of war or missing in action. (a) Any natural or legally adopted child of a veteran:

(1) Classified as a prisoner of war or missing in action after January 1, 1960; and

(2) Who filed Hawaii state income taxes for thirty-six consecutive months or more immediately prior to entering active duty in the United States Armed Forces,

shall be entitled to receive a maximum of eight semesters of benefits, specifically for tuition, at the University of Hawaii; provided that the child was born to, adopted by, or in the legal custody of the veteran before or during the time the veteran was classified as a prisoner of war or missing in action, is twenty-one years of age or younger at the time of application, is a full-time or part-time student pursuing a prescribed course of study, and maintains satisfactory academic progress as determined by the college, university, or school; provided further that if the child receives any other benefits from any source specifically designated for tuition, the amount of benefits provided under this section shall be reduced by the amount of the other benefits. Nothing in this section shall be construed to require the State to remit any tuition for terms completed by the children prior to their application for the benefits provided under this section.

(b) The director of the office of veterans' services shall consult with the president of the University of Hawaii to carry out the purposes of this section.

§304- National guard tuition waivers. (a) Any qualified enlisted person, warrant, or company grade officer (O-1 through O-3) in the Hawaii national guard shall be entitled to receive a maximum of eight semesters of benefits, specifically for tuition at the University of Hawaii; provided that the student is a resident of the State as defined by the board of regents under section 304-4, and is an undergraduate student working and maintaining satisfactory academic progress as determined by the college, school, or university, toward a degree on any campus of the University of Hawaii; provided further that the person maintains satisfactory performance with that person's guard or reserve unit and pursues a course of study at the University of Hawaii campus that satisfies that school's academic requirements.

(b) The Hawaii national guard shall establish certification procedures showing maintenance of a satisfactory military performance by a person applying for a tuition waiver. To qualify for a tuition waiver, an applicant shall obtain certification by the appropriate national guard and present such certification to the University of Hawaii at the time of enrollment.

(c) Tuition waivers granted under this section shall be in addition to any tuition waivers authorized under this chapter.

(d) In the event of enactment of federal legislation providing for similar tuition benefits, any person receiving veterans or federal education benefits shall not be eligible for a tuition waiver under this section."

SECTION 2. Section 304-16.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The board of regents, or its designated representatives, is authorized to grant, modify, or suspend tuition waivers. The board shall refund in full any tuition paid for a semester upon the request of any student who is:

(1) A member of the Hawaii national guard or United States military reserves who is ordered to active duty and is unable to attend school for more than sixty days during the semester due to requirements of the member's military or national guard service; or

(2) A full-time member of the United States military on active duty who is unable to attend school for more than sixty days during the semester due to requirements of the member's military service.

The board of regents shall provide a report and make recommendations as appropriate to the legislature on all tuition waivers no later than twenty days prior to the convening of each regular session. This report shall include but not be limited to the number of tuition waivers and scholarships, stipends, and mandatory fees granted to financially needy students from ethnic groups that are under-represented in the student population of the University of Hawaii through the Hawaii opportunity program in education[.] and the number of tuition refunds granted pursuant to this section to students who are members of the Hawaii national guard, United States military reserves, or United States military."

SECTION 3. Notwithstanding chapter 91, the board of regents may adopt, amend, and repeal rules necessary or desirable to the implementation of this Act.

SECTION 4. In accordance with article X, section 6, of the state constitution, the legislature finds and declares this Act to be of statewide concern.

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

SECTION 6. This Act shall take effect on July 1, 2010.