REPORT TITLE:
Public Employment; Residency

DESCRIPTION:
Allows personnel directors to hire non-residents in certain
cases.


 
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THE SENATE                              S.B. NO.           1340
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC EMPLOYMENT.



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

 1      SECTION   1. Section 78-1, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "78-1 Citizenship and residence of government officials
 
 4 and employees; exceptions.(a)  All elective officers in the
 
 5 service of the government of the State or in the service of any
 
 6 county or municipal subdivision of the State shall be citizens of
 
 7 the United States and residents of the State for at least three
 
 8 years immediately preceding assumption of office.
 
 9      (b)  All appointive officers in the service of the
 
10 government of the State or in the service of any county or
 
11 municipal subdivision of the State who are employed as department
 
12 heads, first assistants, first deputies, second assistants, or
 
13 second deputies to a department head shall be citizens of the
 
14 United States and residents of the State for at least one year
 
15 immediately preceding their appointment; however, all others
 
16 appointed in the service of the government of the State or in the
 
17 service of any county or municipal subdivision of the State shall
 
18 be citizens, nationals, [or] permanent resident aliens of the
 
19 United States [and residents of the State], or aliens who, under
 

 
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 1 federal authority, are permitted to remain within the United
 
 2 States for an indefinite period and who are to be employed with
 
 3 the United States at the time of their appointment.  A national
 
 4 [or], permanent resident alien, or alien who is permitted to
 
 5 remain and work within the United State for an indefinite period
 
 6 appointed pursuant to this section shall not be eligible for
 
 7 continued employment unless such person diligently seeks
 
 8 citizenship upon becoming eligible to apply for United States
 
 9 citizenship.  Additionally, all individuals appointed in the
 
10 service of the government of the State or in the service of any
 
11 county or municipal subdivision of the State shall be residents
 
12 of the State at the time of their appointment.
 
13      (c)  All employees in the service of the government of the
 
14 State or in the service of any county or municipal subdivision of
 
15 the State shall be citizens, nationals, [or] permanent resident
 
16 aliens of the United States [and residents of the State], or
 
17 aliens who, under federal authority, are permitted to remain
 
18 within the United States for an indefinite period and who are to
 
19 be employed with the United States, at the time of their
 
20 application for employment.  Additionally, all employees in the
 
21 service of the government of the State or in the service of any
 
22 county or municipal subdivision of the State shall be residents
 

 
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 1 of the State at the time of their application for employment."
 
 2      "Resident" means a person who is physically present in the
 
 3 State at the time the person claims to have established the
 
 4 person's domicile in the State and shows the person's intent is
 
 5 to make Hawaii the person's permanent residence.  In determining
 
 6 this intent, the following factors shall be considered:
 
 7      (1)  Maintenance of a domicile or permanent place of
 
 8           residence in the State;
 
 9      (2)  Absence of residency in another state.
 
10      The state director of human resources development or the
 
11 personnel director of the appropriate county may approve the
 
12 acceptance of applications of persons without consideration of
 
13 the requirements under this subsection relating to residency in
 
14 the State when services essential to the public interest require
 
15 highly specialized technical and scientific skills, knowledge for
 
16 critical-to-fill and labor shortage positions, or for other
 
17 reasons as determined by the respective director.  Additionally,
 
18 all individuals appointed in the service of the government of the
 
19 State or in the service of any county or municipal subdivision of
 
20 the State shall be residents of the State at the time of their
 
21 appointment.
 
22      [(d)  For the purpose of obtaining services which are
 

 
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 1 essential to the public interest for which no competent person
 
 2 with the qualifications under subsection (c) applies within
 
 3 forty-five days after the first public notice of the position or
 
 4 a notice of an examination therefor, which notice has been given
 
 5 more than once, and not more often than once a week, statewide, a
 
 6 person without the qualifications, upon prior certification by
 
 7 the state director of human resources development or the
 
 8 personnel director of the appropriate county, and with the
 
 9 approval of the chief executive officer for the State or the
 
10 political subdivision concerned, may be employed.]"
 
11      SECTION 2.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 3.  This Act shall take effect upon its approval.
 
14 
 
15                               INTRODUCED BY: ____________________
 

 
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