Bill Text: HI HB139 | 2024 | Regular Session | Introduced
Bill Title: Relating To Nepotism.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [HB139 Detail]
Download: Hawaii-2024-HB139-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
139 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to nepotism.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§84- Nepotism; prohibition. (a) Beginning July 1, 2023, no legislator or
employee shall:
(1) Appoint, hire, or promote a relative
or household member to, or demote, discharge, or terminate a relative or
household member from; or
(2) Participate in an interview or
discussion regarding the appointment, hiring, or promotion of a relative or
household member to, or the demotion, discharge, or termination of a relative
or household member from,
a paid
position in the legislator's or employee's employing agency; provided that this subsection shall not
prohibit a legislator or employee from performing ministerial acts that may
impact the relative or household member if those acts are a part of the normal
job functions of the legislator or employee.
(b)
Beginning July 1, 2023, no legislator or employee shall supervise a
relative or household member unless:
(1) The legislator or employee
has a physical impairment requiring the employment of a particular relative or
household member; provided that the legislator or employee discloses the
prospective employment to the state ethics commission before the appointment or
hire is made; or
(2) The legislator or employee disqualifies the
legislator's or employee's self from taking any official action directly
affecting the relative or household member.
(c) No legislator or employee
shall award a contract to or otherwise take official action on a contract with
a business if the legislator or employee knows or reasonably should know that
the legislator's or employee's relative or household member is an executive
officer of or holds a substantial ownership interest in that business.
(d) Notwithstanding the prohibitions in this section, if
an employee who is a supervisor or executive director is unable to waive
or disengage from completing their official duties or from taking
official action and is legally required to take action that directly impacts a
relative or household member receiving an award or other official action
on a contract described in subsection (c), the employee shall not be in
violation of this section if the employee:
(1) Has complied with the disclosure
requirements of section 84-17; and
(2) Posts a notice of intent to award
the contract and files a copy of the notice with the state ethics commission at
least five days before awarding the contract.
If the posting and filing of the award in advance is otherwise
prohibited by law, notice shall be posted and filed as soon as
practicable. Every notice of intent
shall describe the employee's relationship with the relative or household
member, the relative or household member's relationship with the entity receiving
the contract, action taken and to be taken affecting the relative or household
member's business, and the dollar value of the contract.
(e) Upon application, the state
ethics commission may grant an exception to a legislator, employee, or agency
that is unable to comply with this section for good cause, including a
demonstrated lack of qualified personnel or applicants.
(f) Any legislator or employee who
knowingly violates this section shall be subject to the administrative fines
set forth in section 84-39. Any
favorable action obtained by a relative or household member of a legislator or
employee in violation of this section is voidable in accordance with sections
84-16 and 84-19.
(g) This section shall not affect
the applicability of section 84-13 or 84-14.
(h) This section shall not
prohibit a state agency from appointing, hiring, promoting, discharging,
firing, or demoting a relative or household member of a legislator or employee
employed by the agency.
(i) For
purposes of this section:
"Household
member" means an individual who resides in the same dwelling unit as the
legislator or employee.
"Relative" means the legislator's or employee's parent, grandparent, stepparent, child, grandchild, stepchild, brother, sister, half-brother, half-sister, stepbrother, stepsister, uncle, aunt, first cousin, nephew, niece, spouse, spouse's parent, son-in-law, daughter-in-law, brother-in-law, or sister‑in-law."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date, and does not apply to any legislator or employee whose employment was terminated before the effective date of this Act.
SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 4. New statutory material is underscored.
SECTION
5. This Act shall take effect on July 1,
2023.
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INTRODUCED BY: |
_____________________________ |
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By Request |
Report Title:
State Ethics Commission Package; Public Employment; Nepotism; Prohibition
Description:
Prohibits a legislator or public employee from naming, appointing, or hiring a relative for public employment. Prohibits a legislator or public employee from supervising a relative in public employment. Prohibits a legislator or employee from awarding a contract to a relative.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
