STAND

STAND. COM. REP. NO. 841-06

Honolulu, Hawaii

, 2006

RE: H.B. No. 2372

H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2372, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC EMPLOYMENT,"

begs leave to report as follows:

The purpose of this bill is to increase the number of individuals eligible for state and county employment by:

(1) Requiring that applicants for state and county positions reside in the state at the beginning of their appointment, instead of at the time of application; and

(2) Authorizing all personnel department heads to waive the residency requirement for essential, critical-to-fill, and labor-shortage positions.

The Department of Human Resources Development and American Civil Liberties Union of Hawaii testified in support of this bill. The Department of Education supported the intent of this measure. The Department of the Attorney General offered comments.

Your Committee has amended this bill by:

(1) Requiring applicants to establish residency in the state within 30 days after employment as a condition for continued employment, instead of at the time of employment, to provide the applicant with time to establish residency;

(2) Amending the definition of "resident" as an applicant who shows intent of making Hawaii the applicant's primary residence instead of a permanent residence, and repealing the factors used in determining permanent residential intent; and

(3) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2372, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2372, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

		____________________________ SYLVIA LUKE, Chair