Bill Text: IN HB1250 | 2012 | Regular Session | Engrossed
Bill Title: State government nepotism.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Enrolled - Dead) 2012-03-16 - Signed by the Governor [HB1250 Detail]
Download: Indiana-2012-HB1250-Engrossed.html
Citations Affected: IC 4-15.
Synopsis: State government nepotism. Prohibits an individual who is
employed by a state agency from being: (1) employed in the same
agency in which the individual's relative is the appointing authority;
and (2) placed in the direct line of supervision of a relative. Allows a
job assignment that existed on July 1, 2012, to be continued. Allows an
individual employed in an agency for at least 12 consecutive months
immediately preceding the date the individual's relative becomes the
appointing authority of the agency to: (1) remain employed by the
agency; and (2) be within the direct line of supervision of the relative.
Prohibits an individual from contracting with or supervising the work
of a business entity of which a relative is a partner, executive officer,
or sole proprietor. Provides that a person within an agency who violates
the nepotism statute may be subject to the penalties enforced by the
state ethics commission. Repeals provisions concerning employment
of relatives in state agencies.
Effective: July 1, 2012.
(SENATE SPONSORS _ LAWSON C, HOLDMAN)
January 9, 2012, read first time and referred to Committee on Government and Regulatory
Reform.
January 25, 2012, amended, reported _ Do Pass.
January 30, 2012, read second time, ordered engrossed. Engrossed.
January 31, 2012, read third time, passed. Yeas 92, nays 4.
February 1, 2012, read first time and referred to Committee on Pensions and Labor.
February 9, 2012, amended, reported favorably _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Chapter 7.1. Employment of Relatives
Sec. 1. This chapter does not prohibit the continuation of a job assignment that existed on July 1, 2012.
Sec. 2. As used in this chapter, "agency" has the meaning set forth in IC 4-2-6-1.
Sec. 3. As used in this chapter, "appointing authority" means:
(1) an elected officer;
(2) the head of an agency, a department, a division, a board, or a commission; or
(3) an individual or group of individuals who have the power by law or by lawfully delegated authority to make appointments.
Sec. 4. As used in this chapter, "direct line of supervision" means the chain of command in which the superior affects or has
the authority to affect, the terms and conditions of the
subordinate's employment, including making decisions about work
assignments, compensation, grievances, advancements, or
performance evaluation.
Sec. 5. As used in this chapter, "employed" refers to all
employment, including full-time, part-time, temporary,
intermittent, and hourly. The term includes service as an elected
officer or special state appointee.
Sec. 6. (a) As used in this chapter "relative" means any of the
following:
(1) A spouse.
(2) A parent or stepparent.
(3) A child or stepchild.
(4) A brother, sister, stepbrother, or stepsister.
(5) A niece or nephew.
(6) An aunt or uncle.
(7) A daughter-in-law or son-in-law.
(b) For purposes of this section, an adopted child of an
individual is treated as a natural child of the individual.
(c) For purposes of this section, the terms "brother" and
"sister" include a brother or sister by the half blood.
Sec. 7. As used in this chapter, "special state appointee" has the
meaning set forth in IC 4-2-6-1.
Sec. 8. An individual employed in an agency may not hire a
relative.
Sec. 9. (a) Except as provided in subsection (b), an individual
may not be employed in the same agency in which an individual's
relative is the appointing authority.
(b) An individual may be employed in the same agency in which
the individual's relative is the appointing authority, if the
individual has been employed in the same agency for at least twelve
(12) consecutive months immediately preceding the date the
individual's relative becomes the appointing authority.
Sec. 10. Except as provided in section 9(b) of this chapter, an
individual may not be placed in a relative's direct line of
supervision.
Sec. 11. An individual employed in an agency may not contract
with or supervise the work of a business entity of which a relative
is a partner, executive officer, or sole proprietor.
Sec. 12. Any person within an agency who knowingly
participates in a violation of this chapter is subject to the penalties
set forth in IC 4-2-6-12.
