HB 319 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PROHIBITIONS ON NEPOTISM IN STATE EMPLOYMENT.

Morrison HOUSE& OFRep. REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.

3Bush TO& HOUSESen. BILL NO.

319Gay AMENDReps. House Bill No.

319Baumbach, atLambert, lineOsienski, 6Ramone, byWilson- insertingAnton, “direct”Yearick; before “supervisor” as it appears therein.

FURTHERSens. AMEND House Bill No.

319Hansen, bySokola deletingHOUSE linesOF 9REPRESENTATIVES through152nd 15GENERAL andASSEMBLY insertingHOUSE inBILL lieuNO. thereof the following:

“(b)319 ByAN [60ACT daysTO afterAMEND theTITLE effective29 dateOF ofTHE thisDELAWARE Act],CODE theRELATING GeneralTO Assembly,PROHIBITIONS theON judicialNEPOTISM branch,IN andSTATE electedEMPLOYMENT. state officers shall develop a policy prohibiting nepotism in employment in the legislative and judicial branch, as well as any office or agency led by an elected state officer.”.

FURTHERBE AMENDIT HouseENACTED BillBY No.THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

319Section by1. inserting the following after line 19:

“(d)Amend AsChapter used58, inTitle this29 section,of “relative”the meansDelaware anyCode ofby themaking following:deletions as shown by strike through and insertions as shown by strike through as follows:

(1)§ A5806A. person’s spouse or domestic partner.

(2)Prohibitions Aon person’snepotism. parent, stepparent, or child.

(3)(a) TheBy parent,[30 stepparent,days orafter childthe effective date of this Act], the Department of Human Resources shall implement a person’spolicy spousefor orapplication domesticto partner.all executive branch agencies that contains the following prohibitions:

(4)(1) A person’sstate grandparentemployee, state officer, or grandchild.honorary state official may not serve as the supervisor of a relative.

(5)(2) A person’sstate sibling.employee, state officer, or honorary state official may not be directly involved in or attempt to influence state agency decision-making with respect to the hiring or promotion of a relative.

(6)(b) The(1) spouseBy [60 days after the effective date of this Act], the General Assembly, the judicial branch, and elected state officers shall develop a person’spolicy child.prohibiting nepotism in employment in the legislative branch and the courts, as well as any office or agency led by an elected state officer.

(7)(2) AThe minorpolicy childdeveloped forunder whomparagraph (b)(1) of this section must be at least as restrictive as the personpolicy haspromulgated assumedby andthe carriedDepartment outof parentalHuman responsibilities.”.Resources.

SYNOPSIS(3) ThisAny amendmentoffice doesor branch that fails to develop its own policy shall be governed by the following:policy promulgated by the Department of Human Resources.

(1)(c) itWhenever clarifiesa thatsubstantive change is proposed to the prohibitionDepartment appliesof Human Resources policy required under subsection (a) of this section, the Department of Human Resources must provide at least 60 days’ notice to athe “direct”General supervisor;Assembly prior to implementation of the change.

(2)Notice itshall simplifiesbe made by delivery of the provisionproposed relatingchange to adoptionthe Secretary of anthe anti-nepotismSenate, policythe inChief partsClerk of statethe governmentHouse, outsideand the Director of the executiveDivision branch;of Research.

(3)SYNOPSIS itThis incorporatesAct arequires definitionthe Department of relativeHuman fromResources theto Statedevelop meritan executive branch policy restricting nepotism in state employment and prohibiting supervision of a state employee rules.by a relative.

It further requires the legislative and judicial branches, as well as offices headed by other elected officials to develop and implement comparable policies.

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