Bill Summary for H 223 (2023-2024)

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Summary date: 

Mar 23 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 223 (Public) Filed Tuesday, February 28, 2023
Intro. by Cleveland, Riddell.

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Bill 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.