Bill Summary for H 223 (2023-2024)

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Summary date: 

Jun 6 2024

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

Senate amendment #1 makes the following changes to the 4th edition. Removes changes to GS 126-14.3 that would have required the State Human Resources Commission (Commission) to adopt the following specified rules or policies: (1) 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 check, and (2) 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.

Removes changes to GS 95-47.6 (prohibited acts by private personnel services) that would have prevented the 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. Removes changes to GS 126-18 that would have allowed a person, firm, or corporation that is licensed by the Department of Labor as a private personnel service under Article 5A of GS Chapter 95  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.

Amends the pilot hiring program for Department of Health and Human Services (DHHS) temporary employees as follows. Changes the type of program from one that gives priority consideration to certain temporary employees to a program that allows direct hire of those employees by DHHS so long as certain conditions are met. Imposes the following new conditions on DHHS's authority to directly hire temporary employees: (1) the annual salary for the employee appointed to the position must be $80,000 or less; (2) the position must be vacant (previously, applies to  vacant, permanent, probationary, or time-limited positions, whether full-time or part-time); (3) the temporary employee must have been working in a position that is substantially equivalent to the appointed position with satisfactory performance for at least six months prior to consideration (previously, just six-month requirement); and (4) the temporary employee must have been hired through the Temporary Solutions Program. Exempts the hiring from the State Human Resources Act (SHRA) except as follows: (1) the Equal Employment and Compensation provisions; (2) the employee records provisions; (3) the provisions barring political contributions or support of State employees; and (4) the provisions barring compelled speech. Shortens the duration of the program from two years to 180 days after the enactment of the act. Specifies that the program continues to apply to any hiring where DHHS issues an offer letter, while this section is in effect, that is contingent upon successful completion of any pre-requisite condition, such as a background check, reference check, or drug test, that would otherwise be required of a job candidate for the appointed position, even if the hiring occurs after this section otherwise expires. Directs DHHS to report to OSHR the number and type of positions filled under the temporary authority described above by no later than July 1, 2025.