Removes the requirement that applicants must be a resident of Hawaii at the time of their application. Allows the director of a jurisdiction to waive the "residency during employment" requirements for positions within that jurisdiction.

A BILL FOR AN ACT

SECTION 1. Section 78-1, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) 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] beginning 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:

This subsection's requirement for state residency shall not apply to applicants for police officer positions; provided that upon employment, the police officer shall establish residency as a condition of continued employment as a police officer.]

"Resident" means a person who establishes the person's own home in Hawaii with every intention of making Hawaii the person's permanent residence for an unlimited or indefinite period of time.

(d) The [appointing authority] director, as defined in section 76-11, may approve the appointment of persons within the applicable jurisdiction without consideration of the [requirements] residency requirement under subsection (c) when [services] the appointment is essential to the public interest [require], such as when the person possesses highly specialized technical and scientific skills or knowledge or when the appointment is for critical-to-fill and labor shortage positions."

SECTION 2. Statutory material to be repealed is bracketed and strickened. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.