OSHR/VARIOUS SHRA CHANGES.

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View NCGA Bill Details2023-2024 Session
House Bill 223 (Public) Filed Tuesday, February 28, 2023
AN ACT MAKING VARIOUS CHANGES TO THE STATE HUMAN RESOURCES ACT AND RELATED LAW.
Intro. by Cleveland, Riddell.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 24 2023)
H 223

Bill Summaries:

  • 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.