GM1238 — Summary of Act 138 (HB1170, CD1; SD1; HD1)
Overview
- Purpose: To simplify and clarify residency determinations for University of Hawaii (UH) resident tuition and to increase access for Hawaii high school graduates pursuing postsecondary education.
- Enacted as: Act 138, signed into law May 30, 2025; effective July 1, 2025.
- Context: The Governor’s proclamation confirms that HB1170 HD1 SD1 CD1 was enacted as Act 138 relating to the University of Hawaii resident tuition fee.
What the bill does
- Core aim: Make it easier for Hawaii high school graduates to qualify for resident tuition at UH by adjusting how residency for tuition purposes is determined.
- Primary change: Adds a specific pathway for Hawaii high school graduates to be treated as residents for tuition purposes, facilitating enrollment and reducing barriers for local students.
Key provisions (highlights)
- Amends Hawaii Revised Statutes §304A-402 (Residence for Tuition Purposes; Basic Rule):
- Existing framework requires bona fide residency in Hawaii for a certain period and related tax-dependency considerations for tuition residency determinations.
- The Act preserves the general framework but adds a streamlined pathway for graduates of Hawaii high schools.
- High school graduate pathway:
- A student who graduated from a Hawaii high school within two years prior to the first day of officially scheduled instruction may qualify for resident tuition.
- This pathway is intended to address students who may have difficulty documenting traditional residency due to complex family situations or other challenges, such as homelessness.
- Administrative rulemaking:
- The Board of Regents is directed to adopt the necessary rules to implement the residency criteria for tuition purposes, including the new graduate-based pathway.
- Effective date:
- The act takes effect on July 1, 2025.
Who is affected
- Primary beneficiaries: Hawaii high school graduates who enroll in UH undergraduate programs within two years of graduating, enabling them to qualify for resident tuition.
- UH system: Responsible for applying the revised residency rules and implementing any accompanying administrative procedures.
- Other students: The traditional residency framework remains in place for those who do not fall under the new graduate-based pathway.
Procedural/timeline notes
- Procedural status: Act enacted as part of Hawaii’s 2025 legislative session; Governor signed into law on May 30, 2025 (Act 138).
- Implementation timeline: The new provisions become effective July 1, 2025, with the Board of Regents tasked to adopt implementing rules.
Bottom line
- Act 138 modernizes and clarifies residency rules for UH tuition, prioritizing access for Hawaii high school graduates by allowing them to qualify for resident tuition within two years of graduation, while maintaining the traditional residency criteria for others and requiring implementing rules from the UH Board of Regents. This is aimed at increasing local enrollment and aligning tuition residency with the state’s objective of broader postsecondary opportunity.