Bill Summary for H 223 (2023-2024)

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Summary date: 

Feb 28 2023

Bill Information:

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.

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Bill 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.