Reps. SPANN-WILDER, MCDANIEL, HENDERSON-MYERS, RIVERS, GOVAN, HOWARD, GILLIARD, GARVIN, GRANT, CLYBURN, J.L. JOHNSON, HOSEY, LUCK, KING, AND J. MOORE propose the following amendment (LC-3927.AHB0001H):
Amend the bill, as and if amended, SECTION 1, by adding:
Section 1-1-1920. (A) For purposes of this section, the term:(1) "Family member" means any person related by blood, marriage, or adoption. This includes, but is not limited to, spouses, domestic partners, parents, children, stepchildren, siblings, half-siblings, grandparents, grandchildren, aunts, uncles, cousins, and any other relatives by consanguinity or affinity.
(2) "Nepotism" means the practice of favoring family members in employment decisions, including hiring, promotion, or assignment, regardless of qualifications or competitive merit.
(B) No state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State shall engage in any form of nepotism. Specifically, no person shall be hired, promoted, or otherwise employed based solely or in part on the basis of a familial relationship by blood, marriage, or adoption with an incumbent, decision-maker, or any individual in a position to influence employment decisions. All hiring, promotion, and appointment processes conducted by a state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State must be based on merit and competitive, open procedures, with full disclosure of any potential familial relationships that could influence the process. All family members including, but not limited to, current employees in management positions, applicants for employment, employees receiving a promotion, and elected state and local officials must disclose family member relationships to the appropriate employing agency to ensure transparency, accountability, and fairness in hiring, employment, and promotion decisions.
(C) The prohibition provided in subsection (B) does not apply when:
(1) the family member in question independently meets the qualifications for the position through an open and competitive process without any preferential treatment; and
(2) there is full disclosure of the relationship, and the hiring decision is subject to an independent review to ensure fairness and compliance with merit-based standards.
Any exception granted under the provisions of this subsection must be documented and justified in writing by the agency responsible for the hiring decision.
(D) All state agencies or quasi-state agencies, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State shall establish and maintain procedures to ensure compliance with this section. Violations of the provisions of this section are subject to administrative review and corrective action, which may include rescission of the hiring decision and other disciplinary measures as deemed appropriate.
(E) Each state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State shall annually report to both the House and Senate Oversight Committees the number of hires and promotions, including any exceptions approved under subsection (C), along with a summary of the measures taken to ensure compliance with this section.
Renumber sections to conform.
Amend title to conform.