Bill Text: HI SB994 | 2011 | Regular Session | Amended
Bill Title: Nepotism; Standards of Conduct
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-03-10 - (H) Referred to LAB, LMG, JUD, referral sheet 33 [SB994 Detail]
Download: Hawaii-2011-SB994-Amended.html
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THE SENATE |
S.B. NO. |
994 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 1 |
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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:
SECTION 1. The legislature finds that government is faced with many calls for the institution or enhancement of the standards governing the expenditure of public funds in the areas of accountability, transparency, honesty, and the use of best practices. Government has the responsibility to ensure that the expenditure of public funds is performed in a prudent and fiscally responsible manner. The legislature also finds that there have been recent situations in which nepotism has been charged regarding the hiring practices used by public officials within the State of Hawaii. The legislature acknowledges that there are no current laws regulating the employment of relatives in Hawaii's state or county governments.
The purpose of this Act is to:
(1) Prohibit a public official or public employee from appointing, employing, promoting, or advancing a relative within an agency over which the public official or public employee exercises control; and
(2) Prohibit a legislator from naming or appointing to public office or employment, and from voting for the confirmation of, a relative of the legislator.
SECTION 2. Chapter 84, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§84‑ Prohibitive practices; nepotism. (a) A public official shall not advocate for a relative for appointment, employment, promotion, or advancement to a position in the public official's agency or in an agency over which the public official exercises jurisdiction or control.
(b) No public official or public employee of the State shall appoint, employ, promote, or advance to a position in an agency over which the public official or public employee exercises jurisdiction or control:
(1) A relative;
(2) A relative of another public official elected to or employed by the same agency; or
(3) A relative of another public official who exercises jurisdiction or control over the same agency,
except under circumstances where the relative is highly qualified for the position.
(c) For the purpose of subsections (a) and (b), a public official who recommends a relative or refers a relative for consideration by a public official or public employee standing lower in the chain of command for appointment, employment, promotion, or advancement shall be presumed to have advocated for the appointment, employment, promotion, or advancement of the relative.
(d) No legislator shall name or appoint to public office or employment, or vote for the confirmation of, a relative of the legislator.
(e) As used in this subsection, unless the context clearly requires otherwise:
"Agency" means a branch of government, office, department, division, agency, instrumentality, or a body corporate created by the Constitution of the State of Hawaii or by statute.
"Chain of command" means the hierarchical line of personnel having authority in an agency, in which the authority passes down from the head of the agency through a series of supervisory or executive positions and in which each public official is accountable to the public official directly superior within the line.
"Public employee" means any person receiving remuneration from public funds and in a full-time equivalent position.
"Public official" means any nominated, appointed, or elected officer receiving remuneration from public funds.
"Relative" means a father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, grandparent, grandchild, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister."
SECTION 3. Section 84-2, Hawaii Revised Statutes, is amended to read as follows:
"§84-2 Applicability. This
chapter shall apply to every nominated, appointed, or elected officer, employee,
and candidate to elected office of the State and for election to the
constitutional convention, but excluding justices and judges; provided that in
the case of elected delegates and employees of the constitutional convention,
this chapter shall apply only to the enforcement and administration of the code
of ethics adopted by the constitutional convention[.]; provided
further that section 84- shall apply to justices and judges."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Nepotism; Standards of Conduct
Description:
Prohibits a public official or public employee from appointing, employing, promoting, or advancing a relative within an agency over which the public official or public employee exercises control or the relative of another public official or employee employed by or exercising control over the same agency, except for a person who is highly qualified for the position. Prohibits legislators from appointing, employing, or voting to confirm a relative. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
