Bill Summary for H 340 (2019-2020)

Summary date: 

Jun 17 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 340 (Public) Filed Tuesday, March 12, 2019
AN ACT TO CREATE AN EMPLOYMENT PREFERENCE FOR ELIGIBLE MEMBERS OF THE NATIONAL GUARD.
Intro. by Martin, Cleveland, Bell.

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Bill summary

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

Changes the title of Article 16 of GS Chapter 127A to also include National Guard employment rights.

Enacts new GS 127A-200.5, making it State policy that employment preference be given by State departments, agencies, and institutions to eligible members of the National Guard. Encourages private, nonpublic employers in the State to provide the same preference.

Amends GS 126-81 to define an eligible member of the National Guard as a State resident who is a member of the NC National Guard or the National Guard of another state or a person who has been discharged under other than dishonorable conditions from the NC National Guard or the National Guard of another state. 

Amends GS 127A-17.1 to include as an official purpose for which records of the NC National Guard in the Department of Public Safety may be disclosed, the substantiation of eligibility for a National Guard preference. 

Amends the title of Article 13 of GS Chapter 126 by adding in reference to National Guard preference. 

Enacts new GS 126-80.3 making it State policy that employment preference be given by State departments, agencies, and institutions to eligible members of the National Guard for positions subject to GS Chapter 126 (North Carolina Human Resources Act). Requires that preference be given to all eligible members of the National Guard who are state citizens in all evaluations of applications for positions with the State or its departments, institutions, or agencies; applies to initial employment, subsequent hirings, promotions, reassignments, and horizontal transfers. Makes these provisions subject to Article 9 of GS Chapter 143B (Department of Administration).

Amends GS 126-82 to give eligible National Guard members the same preference as those given under the statute to eligible veterans. Makes language gender-neutral. Makes conforming changes.

Amends GS 126-34.02 to allow a case in which an applicant for State employment or a State employee to allege that he or she was denied a National Guard preference to be heard as a contested case after the completion of the agency's grievance procedure and review by the Office of State Human Resources.

Requires the State Human Resources Commission and State agencies, departments, and institutions to adopt rules to implement the act.

Makes conforming changes to the act's long title. 

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