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SB2661
THE SENATE
S.B. NO.
2661
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to nepotism
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature recognizes the importance of
maintaining transparency, accountability, and fairness in government
operations.
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While existing laws prohibit
most state employees from hiring or supervising relatives or awarding contracts
to businesses owned by relatives or household members, these provisions do not
currently extend to employees of the legislative and judicial branches.
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Accordingly,
the purpose of this Act is to subject legislative and judicial employees to the
same ethical standards as other state employees, effectively preventing
nepotism across all branches of state government.
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SECTION
2
.
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Section
84-13.2, Hawaii Revised Statutes, is amended to read as follows:
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"[
[
]�84-13.2[
]
]
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Nepotism; prohibition.
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(a)
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No
employee shall:
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(1)
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Appoint, hire, promote, or retain a
relative or household member to, or demote, discharge, or terminate a relative
or household member from; or
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(2)
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Participate in an interview or
discussion regarding the appointment, hiring, promotion, or retention 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 employee's employing agency
; provided that this subsection shall not prohibit an 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 employee.
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(b)
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No employee shall supervise a relative or
household member unless the employee
:
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(1)
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H
as a physical impairment requiring the
employment of a particular relative or household member; provided that the
employee discloses the prospective employment to the state ethics commission
before the appointment or hire is made; or
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(2)
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Disqualifies oneself from taking any official
action directly affecting the relative or household member.
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(c)
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No employee shall award a
contract to or otherwise take official action on a contract with a business if
the employee knows or reasonably should know that the employee's relative or
household member is an executive officer of or holds a substantial ownership
interest in that business.
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(d)
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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:
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(1)
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Has complied with the disclosure
requirements of section 84-17; and
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(2)
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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.
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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.
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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.
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(e)
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Upon application, the state
ethics commission may grant an exception to an employee or agency that is
unable to comply with this section for good cause, including a demonstrated
lack of qualified personnel or applicants.
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(f)
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Any employee who knowingly
violates this section shall be subject to the administrative fines set forth in
section 84‑39.
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Any favorable
action obtained by a relative or household member of an employee in violation
of this section shall be voidable in accordance with sections 84-16 and 84-19.
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(g)
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This section shall not affect
the applicability of section 84-13 or 84-14.
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(h)
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This section shall not prohibit a state agency from appointing, hiring,
promoting, retaining, demoting, discharging, or terminating a relative or
household member of an employee employed by the agency.
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[
(i)
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Notwithstanding sections 84-2 and 84-3, this section shall not apply to
employees or agencies of the legislative or judicial branch of the State.
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(j)
]
(i)
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For purposes of this section:
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"Household
member" means an individual who resides in the same dwelling unit as the
employee.
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"Relative"
means the employee's parent, grandparent, stepparent, child, grandchild,
stepchild, foster child, adopted child, sibling, half-sibling, stepsibling,
parent's sibling, first cousin, sibling's child, spouse, spouse's parent,
child-in-law, or sibling-in-law, or any individual who has become a member of
the employee's immediate family through the Hawaiian hanai custom."
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SECTION
3.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION
4.
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This Act shall take effect upon its
approval.
INTRODUCED BY:
_____________________________
Report Title:
Legislative
and Judicial Employees; Code of Ethics; Nepotism; Prohibition
Description:
Repeals language in the State's Code of Ethics that
exempts the legislative and judicial branches from prohibitions against
nepotism in public employment.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.