Report Title:

Department of Education; Employment; Residency Requirements

Description:

Waives the residency requirements for department of education applicants identified by the superintendent of education. (HB1859 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1859

TWENTY-THIRD LEGISLATURE, 2006

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to education.

 

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

SECTION 1. The purpose of this Act is to streamline the recruitment process for employees who must be recruited by the department of education for shortage area positions and for positions located in geographically hard-to-fill locations throughout the State.

SECTION 2. Section 78-1, Hawaii Revised Statutes, is amended by amending subsection (c) 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.

This subsection's requirement for state residency shall not apply to applicants for police officer positions[;] and positions identified in the department of education by the superintendent of education; provided that upon employment, the police officer or person identified by the superintendent of education to fill the position in the department of education shall establish residency as a condition of continued employment as a police officer[.] or department of education employee."

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 Statutory material to be repealed is bracketed and stricken.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

SECTION 4. This Act shall take effect on July 1, 2006.