Bill Text: HI SB662 | 2012 | Regular Session | Introduced

Hawaii Senate Bill 662 (Prior Session Legislation)

Introduced

Bill Title: Nepotism; Government

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB662 Detail]

Download: Hawaii-2012-SB662-Introduced.html

THE SENATE	S.B. NO.	662
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO NEPOTISM.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 84, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"§84-A Nepotism prohibited. No legislator or employee, by virtue of the legislator or employee's public office or employment, shall appoint, confirm the appointment of, or vote for the appointment or confirmation of the appointment of an individual to a position that is to be directly or indirectly compensated from public funds or fees if the individual is related to the legislator or employee within the third degree of consanguinity or by affinity.

§84-B Consanguinity, determination. (a) Two individuals are related to each other by consanguinity if:

(1) One is a descendant of the other; or

(2) They share a common ancestor.

An adopted child is considered to be a child of the adoptive parent for the purpose of consanguinity.

(b) The degree of relationship by consanguinity between an individual and the individual's descendant is determined by the number of generations that separate them. A parent and child are related in the first degree, a grandparent and grandchild in the second degree, a great-grandparent and great-grandchild in the third degree and so on.

(c) If an individual and the individual's relative are related by consanguinity, but neither is descended from the other, the degree of relationship is determined by adding:

(1) The number of generations between the individual and the nearest common ancestor of the individual and the individual's relative; and

(2) The number of generations between the relative and the nearest common ancestor.

(d) An individual's relatives within the third degree by consanguinity are the individual's:

(1) Parent or child (relatives in the first degree);

(2) Brother, sister, grandparent, or grandchild (relatives in the second degree); and

(3) Great-grandparent, great-grandchild, aunt who is a sister of a parent of the individual, uncle who is a brother of a parent of the individual, nephew who is a child of a brother or sister of the individual, or niece who is a child of a brother or sister of the individual (relatives in the third degree).

§84-C Affinity, determination. (a) Two individuals are related to each other by affinity if:

(1) They are married to each other;

(2) The spouse of one of the individuals is related by consanguinity to the other individual;

(3) They are parties to a reciprocal beneficiary relationship;

(4) They reside in the same household at the time of the act of nepotism, as set forth in section 84-A; or

(5) They have a hanai relationship; provided that two individuals have a hanai relationship if they are not blood relatives and if one of them performed a substantial role in the upbringing or material support of the other, as attested to by the written or oral designation by one of them or the relatives of one of them.

(b) The ending of a marriage by divorce or the death of a spouse ends relationships by affinity created by that marriage unless a child of that marriage is living, in which case the marriage is considered to continue as long as a child of that marriage lives."

SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Nepotism; Government

Description:

Prohibits the practice of nepotism by legislators and state employees.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.