Report Title:

State and County Government Employees; Residency Requirement

 

Description:

Requires that a person be a resident of the State at the time of employment with the state or county government rather than at the time of application for employment.

 

THE SENATE

S.B. NO.

58

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ReSIDENCY Requirement for state AND county employees.

 

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

SECTION 1. Section 78-1, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) All employees in the service of the government of the State or in the service of any county or municipal subdivision of the State shall be citizens, nationals, or permanent resident aliens of the United States and residents of the State at the time of their [application for] employment.

"Resident" means a person who is physically present in the State at the time the person claims to have established the person's domicile in the State and shows the person's intent is to make Hawaii the person's permanent residence. In determining this intent, the following factors shall be considered:

(1) Maintenance of a domicile or permanent place of residence in the State;

(2) Absence of residency in another state."

SECTION 2. Act 253, Session Laws of Hawaii 2000, section 75, is amended by amending subsection (c) of section 78-1, Hawaii Revised Statutes, to read as follows:

"(c) All persons seeking employment with the government of the State or in the service of any county shall be citizens, nationals, or permanent resident aliens of the United States, or eligible under federal law for unrestricted employment in the United States, and residents of the State at the time of their [application for] employment and as a condition of eligibility for continued employment.

"Resident" means a person who is physically present in the State at the time the person claims to have established the person's domicile in the State and shows the person's intent is to make Hawaii the person's permanent residence. In determining this intent, the following factors shall be considered:

(1) Maintenance of a domicile or permanent place of residence in the State;

(2) Absence of residency in another state; and

(3) Former residency in the State."

SECTION 3. Statutory material to be repealed is bracketed and stricken.

SECTION 4. This Act shall take effect upon approval; provided that section 2 shall take effect on July 1, 2002.

INTRODUCED BY:

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