Bill Summaries: H223 (2023-2024 Session)

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  • Summary date: Jun 6 2024 - View summary

    Senate amendment #1 makes the following changes to the 4th edition. Removes changes to GS 126-14.3 that would have required the State Human Resources Commission (Commission) to adopt the following specified rules or policies: (1) to allow agencies to make job offers as soon as possible after the completion of interviews, including authorizing agencies to make job offers that are contingent on satisfactory reference checks and, if required, satisfactory background check, and (2) to allow an individual the option of having their application considered for future job postings if the individual has been identified as a qualified applicant within the same or a comparable classification.

    Removes changes to GS 95-47.6 (prohibited acts by private personnel services) that would have prevented the service from imposing or attempting to collect any fee prohibited under GS 126-18 (barring compensation for assisting a person in obtaining State employment) from the State, or any of its agencies, for aiding or assisting any person in obtaining employment with the State. Removes changes to GS 126-18 that would have allowed a person, firm, or corporation that is licensed by the Department of Labor as a private personnel service under Article 5A of GS Chapter 95  to collect fees for services related to assistance in obtaining employment with the State, for services rendered under a written contract when the fees are paid by someone other than the State.

    Amends the pilot hiring program for Department of Health and Human Services (DHHS) temporary employees as follows. Changes the type of program from one that gives priority consideration to certain temporary employees to a program that allows direct hire of those employees by DHHS so long as certain conditions are met. Imposes the following new conditions on DHHS's authority to directly hire temporary employees: (1) the annual salary for the employee appointed to the position must be $80,000 or less; (2) the position must be vacant (previously, applies to  vacant, permanent, probationary, or time-limited positions, whether full-time or part-time); (3) the temporary employee must have been working in a position that is substantially equivalent to the appointed position with satisfactory performance for at least six months prior to consideration (previously, just six-month requirement); and (4) the temporary employee must have been hired through the Temporary Solutions Program. Exempts the hiring from the State Human Resources Act (SHRA) except as follows: (1) the Equal Employment and Compensation provisions; (2) the employee records provisions; (3) the provisions barring political contributions or support of State employees; and (4) the provisions barring compelled speech. Shortens the duration of the program from two years to 180 days after the enactment of the act. Specifies that the program continues to apply to any hiring where DHHS issues an offer letter, while this section is in effect, that is contingent upon successful completion of any pre-requisite condition, such as a background check, reference check, or drug test, that would otherwise be required of a job candidate for the appointed position, even if the hiring occurs after this section otherwise expires. Directs DHHS to report to OSHR the number and type of positions filled under the temporary authority described above by no later than July 1, 2025. 


  • Summary date: May 28 2024 - View summary

    Senate committee substitute to the 3rd edition makes the following changes.

    Section 10

    Specifies that agencies and divisions are not allowed to hire new temporary employees through the Temporary Solutions Program under GS 126-6.3 (concerning temporary employment needs of cabinet and Council of State agencies) until they have paid all invoices that are over 90 days overdue (currently, must pay all overdue invoices and limitation was only on agencies). Specifies that the bar on hiring new temporary employees applies when the total overdue amount is over $200,000 (currently, amount is over $200,000 for any number of days). Makes technical and conforming changes. Allows the Director of the Office of State Human Resources to make an exception to the above temporary hiring ban only when failure to acquire new temporary employees will cause severe harm to the agency's ability to provide vital services to the public.

    Section 11

    Creates a two-year pilot program for Department of Health and Human Services (DHHS) temporary employees that gives those employees priority consideration in obtaining a vacant, permanent, probationary, or time-limited position, whether full-time or part-time, that is equivalent or similar to the temporary position held by the employee. Specifies that priority consideration is lower than the priority consideration for permanent State employees seeking a promotion and the hiring priority for eligible veterans and members of the National Guard.  Requires the temporary employee to be in good standing with DHHS, meet the minimum qualifications for the position, and have been continuously staffing a position for DHHS for at least six months prior to consideration, not including any mandatory breaks. Provides for expedited hiring and posting requirements. Effective July 1, 2024 and expires on June 30, 2026. 

    Makes organizational changes.  Makes technical change to effective date.  


  • Summary date: Apr 5 2023 - View summary

    House committee substitute to the 2nd edition makes the following changes.

    Makes technical changes in Sections 7, 8, and 9 of the act.


  • Summary date: Mar 23 2023 - View summary

    House committee substitute to the 1st edition makes the following changes.

    Further amends GS 126-14.3, which requires the State Human Resources Commission (Commission) to adopt specified rules or policies, by requiring the adoption of a rule/policy to allow agencies to make job offers as soon as possible after the completion of interviews, including authorizing agencies to make job offers that are contingent on satisfactory reference checks and, if required, satisfactory background checks.

    Makes technical changes in GS 126-10 and GS 95-47.6.

    Adds the following new content. 

    Amends GS 96-29 to no longer prohibit State agencies from filling a job opening that is not to be filled by promotion or transfer, for at least 21 days after the listing has been filed with the Division of Employment Security. Makes a conforming deletion of the provision related to the waiver of the 21-day requirement.

    Amends GS 126-4 by adding the following to the requirement that the State Human Resources Commission (Commission) establish policies and rules governing for each class of positions reasonable qualifications as to education, experience, specialized training, licenses, certifications, and other job-related requirements pertinent to the work. Allows classifications, class qualifications, and classification specifications to be added, revised, and deleted by the Commission, subject to the Governor's approval, or by the Director of the Office of State Human Resources based on accepted labor market practices. Requires the changes by the Director to be consistent with the classification plan structure approved by the Commission and requires they be reported to the Commission at its next meeting that is no more than five business days from the date of the change.

    Requires the Commission to adopt temporary rules, followed by permanent rules, on the hiring and compensation of trainees for local government positions subject to the State Human Resources Act. Requires the rule and notice of public hearing to be submitted to the Codifier of Rules no later than 60 days from this act's effective date.

    Amends GS 126-34.02 to expand upon what may be heard as contested cases after the completion of the agency grievance procedure and review by the Office of State Human Resources to also include an applicant for State employment or State employee's allegation that he or she was denied national guard preference in violation of the law.

    Amends GS 126-30 to also subject to discipline any employee who knowingly and willfully discloses false or misleading information, conceals dishonorable military service, or conceals prior employment history or other required information significantly related to job responsibilities on a document attached to or supplementing an application for State employment (was, limited to just the application for State employment). Requires that the statement informing applicants of the consequences of fraudulent disclosures or lack of disclosure also appear on any screen that allows an applicant to attach materials to, or supplement, a State application.


  • Summary date: Feb 28 2023 - View summary

    Amends GS 126-14.3, which requires the State Human Resources Commission (Commission) to adopt specified rules or policies, as follows. Amends the requirement for a rule/policy to require that a closing date must be posted for each job opening, to allow for exceptions for when there is a special exception through the Office of State Human Resources (Office). Requires the adoption of a rule/policy to allow an individual the option of having their application considered for future job postings if the individual has been identified as a qualified applicant within the same or a comparable classification.

    Amends GS 126-4, which sets out exceptions to the confidentiality of information in a personnel file, to allow them to be opened for inspection and examination by a potential state or local government supervisor during the interview process to prevent application fraud. Makes additional technical changes.

    Amends GS 126-10, to allow the Office, when a local entity indicates that it will permanently appoint a person who does not meet the class specification's minimum qualifications for a position subject to the State Human Resources Act (except for trainee and work-against appointments), to contact any relevant members of the board supervising that entity, the county manager and commission, and the Department of Health and Human Services (DHHS). Allows the message to identify the particular qualifications the proposed appointee would need to meet to have the minimum qualifications of the class specification. Also allows the Office, when a local entity requests that the Office make the final determination as to whether the employee or applicant meets the minimum qualifications, to share the relevant portions of the personnel file with the Deputy Director of the Public Health or Social Services Division of DHHS  to assist in determining qualification status.

    Amends GS 95-476 to prohibit a private personnel service from imposing or attempting to collect any fee prohibited under GS 126-18 (barring compensation for assisting a person in obtaining State employment) from the State, or any of its agencies, for aiding or assisting any person in obtaining employment with the State.

    Amends GS 126-18 to allow a person, firm, or corporation that is licensed (was, licensed and supervised) by the Department of Labor as a private personnel service under Article 5A of GS Chapter 95 (was, as a private employment service acting in the normal course of business) to collect fees for services related to assistance in obtaining employment with the State, for services rendered under a written contract when the fees are paid by someone other than the State. Makes conforming changes. Instead of the required monthly report, now requires any person, firm, or corporation collecting fees for this service to retain documents as required under the specified law.