Senate amendment makes the following changes to the 2nd edition. Amends GS 162-6.3 (pertaining to temporary employment needs of Cabinet and Council of State agencies) to require the Office of State Human Resources to also prohibit divisions (in addition to agencies) based on individual budget code, having an invoice more than 90 days past due and (was, or) over $200,000 to OSHR, from acquiring new temporary employees. Amends the exception to employment bar detailed above by now specifying that failure to recruit for the class of temporary job assignments will cause severe harm to the agency's ability to provide services (was, vital services) to the public, in addition to other condition listed in the act. Amends GS 162-6.3(a6) to specify that for any temporary employee that is not entered and monitored through the BEACON system, the agency must record the time worked by each temporary employee in the agency (was, each State agency granted an exception under this section from using the Temporary Solutions Program and any Council of State agency that elected to not use the Temporary Solutions Program shall record the time worked by each temporary employee in the agency) in specifying specific information that must be reported to OSHR. Amends definition of intern to mean a student who, regardless of the number of credit hours enrolled, works to gain occupational experience for a period of time not to exceed at least one academic semester (was, not to exceed three months).
Bill Summaries: S607 (2023-2024 Session)
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Bill S 607 (2023-2024)Summary date: Apr 26 2023 - View summary
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Bill S 607 (2023-2024)Summary date: Apr 18 2023 - View summary
Senate committee substitute makes the following changes to the 1st edition.
Revises the proposed changes to the Temporary Solutions Program for state agency temporary employment in GS 126-63. Regarding the 11-month employment limit for temporary employees, now provides that a temporary employee is only eligible for reinstatement on a job assignment after working 11 consecutive months if the employee is separated for at least 31 consecutive calendar days (was, provided for continuing the assignment after a 31-day break in service). Makes further changes to refer to a 31-day separation rather than break in service. Eliminates the provision specifying that temporary employees are not to be considered career State employees. More specifically requires the Office of State Human Resources (OSHR) to prohibit acquiring new temporary employees through the Program (previously, generally all new temporary employees) at any state agency owing an invoice to OSHR that is 90 days or more overdue or in excess of $200,000.
Regarding exceptions to the statute's requirements, separates the authority granted to the OSHR Director relating creating exceptions to the requirements of subsection (a) and subsection (a1). Now authorizes the OSHR Director to create exceptions to the requirement that Cabinet agencies use the Program, mandated under subsection (a), when the Program cannot meet the agency's needs for a class of temporary job assignments and failure for to recruit that class of temporary job assignments will cause severe harm to the agency's ability to provide vital services to the public. Maintains the previously proposed authority of the OSHR Director to create exceptions to the temporary employment limitations of subsection (a1) when two conditions are met: if the exception would be in the best interest of the State and would not result in extending the temporary employment past 22 months. Makes a conforming change to new subsection (a5), which charges OSHR with monitoring Cabinet and Council of State temporary employees and separating those beyond the limitations of subsection (a1) from BEACON, to except instances where an exception applies. Makes a technical change regarding required content of quarterly reports by OSHR to the specified NCGA committee and division, to no longer note that the listed required content is not exclusive.
Eliminates the directive in the effective date provision to require any employee at the time of the act becoming law who has reached 11 months of temporary employment to take a 31-day break in service or be separated from employment if not covered by a exemption. Instead, adds that the act applies to temporary employees hired on or after the date the act becomes law.
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Bill S 607 (2023-2024)Summary date: Apr 5 2023 - View summary
Makes various changes to the Temporary Solutions Program for state agency temporary employment in GS 126-63. Restricts temporary employees to an 11-month term and imposes a mandatory 31-day break in service before any additional temporary work employment. Requires the Office of State Human Resources (OSHR) to prohibit new temporary employees at any state agency owing an invoice to OSHR that is 90 days or more overdue or in excess of $200,000. Provides exceptions for full-time students, retired employees, inmates on work-release, interns, or externs, and empowers the director of OSHR to create exceptions to the requirements if they would be in the best interest of the State and would not result in extending the temporary employment past 22 months. Requires Cabinet and Council of State agencies to send a notification of the 31-day break before an employee exceeds the 11 consecutive months. Requires OSHR to report quarterly, beginning July 1, 2023, to the Joint Legislative Oversight Committee on General Government and to the Fiscal Research Division on agency compliance and policies and rules adopted under the section. Provides definitions applicable to the section. Sets out record keeping requirements.
Effective when it becomes law, and any employee at that time who has reached 11 months of temporary employment must take a 31-day break in service or be separated from employment if not covered by a exemption.