Chapter 332

2007 -- H 5216 SUBSTITUTE A

Enacted 07/06/07


A N  A C T



     Introduced By: Representatives Pacheco, Ucci, Church, Melo, and Kilmartin

     Date Introduced: January 25, 2007


It is enacted by the General Assembly as follows:


     SECTION 1. Sections 36-4-6 of the General Laws in Chapter 36-4 entitled "Merit

System" is hereby amended to read as follows:


     36-4-6. Appointments to noncompetitive branch. -- Appointments to positions in the

noncompetitive branch shall be designated as "noncompetitive appointments", and shall be made

upon recommendation of the appointing authority and approval of the personnel administrator

subject to established requirements for character and physical condition. Persons appointed to

these positions must be residents of the state of Rhode Island.


     SECTION 2. Section 36-4-30 of the General Laws in Chapter 36-4 entitled "Merit

System" is hereby repealed.


     36-4-30. Tenure in classified position dependent on residence. -- (a) Any person who

has been appointed to a position in the classified service in accordance with the provisions of this

chapter shall retain, subject to the other provisions of this chapter, the position only as long as he

or she continues to maintain his or her residence within the state of Rhode Island, and except for

registered nurses from the states of Massachusetts and Connecticut who shall be eligible for state

employment in the classified service for two (2) year periods at the Rhode Island veterans' home.

      (b) Where written documentation is provided that recruitment to certain technical and

professional positions cannot be achieved from state residents, the director of administration may

waive the residency requirement.

      (c) The director may also set requirements for the length of the waiver. Waivers shall not

exceed one year and may be extended for additional one year periods when written

documentation is provided.

      (d) The director may limit the waiver to selected position(s) in the classified service.

Persons employed in those positions shall not be required to obtain residency with the state

provided that employees remain employed in those positions.

      (e) Persons employed in positions where the state residency has been waived may be

appointed to other competitive and non-competitive positions in the classified service subject to

the other provisions of this chapter. Upon appointment, the employee must, within six (6) months

of the appointment, establish his or her principal residence and domicile within the state of Rhode

Island and maintain his or her principal residence and domicile throughout the period of

employment as a state employee.


     SECTION 3. This act shall take effect upon passage.



LC00773/SUB A