PERSONAL SERVICES CONTRACTS/PED (NEW).

View NCGA Bill Details2015-2016 Session
Senate Bill 127 (Public) Filed Wednesday, February 25, 2015
AN ACT TO REQUIRE THAT INFORMATION TECHNOLOGY PERSONAL SERVICES CONTRACTS AND OTHER PERSONAL SERVICES CONTRACTS PURCHASED BY EXECUTIVE BRANCH AGENCIES BE SUBJECT TO THE SAME REQUIREMENTS AND PROCEDURES AS CONTRACTS FOR OTHER SERVICES; TO REQUIRE STATE AGENCIES TO OBTAIN THE SERVICES OF TEMPORARY EMPLOYEES THROUGH THE TEMPORARY SOLUTIONS PROGRAM OPERATED BY THE OFFICE OF STATE HUMAN RESOURCES; AND TO PROVIDE THAT INFORMATION TECHNOLOGY PERSONAL SERVICES CONTRACTS CAN ONLY BE OBTAINED UPON WRITTEN APPROVAL FROM THE OFFICE OF INFORMATION TECHNOLOGY SERVICES AND THE OFFICE OF STATE BUDGET AND MANAGEMENT.
Intro. by Hartsell, Randleman.

Status: Re-ref Com On Appropriations (House Action) (Aug 19 2015)

SOG comments (1):

Short and Long Title Changes

Senate committee substitute to the 1st edition makes changes to the short and long titles. The original titles are as follows:

ALL STATE AGENCIES/USE TEMPORARY SOLUTIONS.

AN ACT TO REQUIRE STATE AGENCIES TO OBTAIN THE SERVICES OF TEMPORARY EMPLOYEES THROUGH THE TEMPORARY SOLUTIONS PROGRAM OPERATED BY THE OFFICE OF STATE HUMAN RESOURCES.

S 127

Bill Summaries:

  • Summary date: Aug 19 2015 - More information

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

    Deletes a sentence requiring that certain personal services contracts that can be terminated at any time be reviewed for compliance with the act within 60 days of its effective date. The amendment requires all such contracts entered into on or after (was, after) the effective date of the act be in compliance with the changes of the act. 

    Adjusts the new statutory definition of personal services contract to exclude private attorneys, experts used in litigation, and expert witnesses engaged by the Department of Justice, the Governor, state agencies, and state institutions. 


  • Summary date: Apr 29 2015 - More information

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

    Enacts new GS 143-48.6 making personal services contracts for executive branch agencies subject to the same requirements and procedures as service contracts. Defines personal services contract.

    Enacts new GS 147-33.105, making information technology personal services contracts for executive branch agencies subject to the same requirements and procedures as information technology service contracts. Requires written approval from the Office of Information Technology Services (OITS) and the Office of Budget and Management for the establishment or renewal of information technology personal services contracts and contracts that provide personnel to perform information technology functions regardless of the cost of the contract. Sets out OITS documentation requirements. Requires review of current information technology personal services contracts on an ongoing basis to determine if each contractor is performing a function that could more appropriately be performed by a state employee. Requires OITS to work with the Office of State Personnel to identify or create a position when it is determined that a state employee should be performing the function. Requires OITS to conduct audits of state agencies subject to the Article. Requires OITS to report biennially to the Joint Legislative Oversight Committee on Information Technology and Fiscal Research Division on three specified topics concerning information technology personal services contracts, information technology service contracts, and compliance audits. 

    Requires personal services contracts and information technology personal services contracts in effect on the effective date of this act to be allowed to expire. Requires a personal services contract or an information technology personal services contract that can be terminated at any time to be reviewed within 60 days of the effective date of this act and be continued only if the contract complies with the requirements of GS 143-48.6 and GS 147-33.105, as enacted by this act. Requires a personal services contract or information technology personal services contract entered into after the effective date of this act to comply with the requirements of GS 143-48.6 or GS 147-33.105.

    Repeals GS 143-64.70, concerning reporting requirements for personal services contracts. 

    Amends proposed GS 126-6.3 to allow the Director of the Office of State Human Resources to create exceptions, in writing, to the requirement of using the Temporary Solutions Program when doing so would be in the state's best interest. Deletes the provision excluding the University of North Carolina from the definition of a state agency under the statute. 

    Changes the act's short and long titles.


  • Summary date: Feb 25 2015 - More information

    Enacts GS 126-6.3 as the title indicates. Mandates that state agencies that use the services of temporary employees to do work that is not information technology related to secure temporary employees through the Temporary Solutions Program administered by the Office of State Human Resources (HR) or in a manner approved by the Director of the HR.

    Directs the HR to monitor the employment of temporary employees by state agencies subject to this section and report biannually to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division as to the compliance of agencies with this section. Defines a state agency to mean a unit of the executive branch of state government regardless of whether the agency is a part of the Council of State. Excludes the University of North Carolina as a state agency under this section.

    Makes a conforming change to GS 126-4 directing the state Human Resources Commission to establish policies and rules governing the implementation of new GS 126-6.3.


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