House committee susbtitute makes the following changes to the 1st edition:
Changes the short and long titles.
Deletes all of the provisions from the previous edition in their entirety.
Enacts new GS 143-59.5, Contracts with vendors that hire former State employees, providing that the Secretary of Administration as well as all other entities subject to the Article cannot contract for goods or services with a vendor that employs or contracts with a former State employee if that former employee is involved with the administration of a contract with North Carolina.
Directs the Secretary of Administration to require each vendor that is submitting a bid or contract to certify that it will not use a former state employee in the administration of a contract with the state. Anyone submitting the required certifiation, knowing it to be false, will be guilty of a Class I felony. Also provides that any violation of these provisions will void the contract. Sets out definitions for use in the proposed section of administration of a contract and former state employee.
Effective October 1, 2014, applying to contracts entered into on or after that date.
Bill Summaries: H1036 (2013-2014 Session)
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Bill H 1036 (2013-2014)Summary date: Jun 18 2014 - View summary
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Bill H 1036 (2013-2014)Summary date: May 14 2014 - View summary
Enacts new GS Chapter 143, Article 31, Limitations on Certain Private Employment After Serving State, specifying that individuals and immediate family members of those individuals whom, in the six months leading up to termination, (1) were state employees who substantially participated in the award or management of a State contract or (2) were state employees that substantially participated in making a regulatory or licensing decision, cannot knowingly accept employment with, begin employment with, or receive compensation from a person, parent, or subsidiary that was a recipient of the contract or regulatory or licensing decision.
Sets out additional individuals that are subject to the six-month wait period for certain employment, including individuals and immediate family members of individuals that served as officers; members of a commission or board with contract, regulatory, or licensing authority; heads of a state agency; or chief procurement officers, state purchasing officers, or designees with duties directly related to procurement.
Directs each state agency to adopt policies that delineate which positions would be subject to the above regulations. Provides that state agencies can also designate positions that are subject to a notification requirement, which requires written notice and explanation to certain employees that are in positions that could become subject to the above regulations and wait period.
Provides that persons that violate these regulations, or that solicit or conspire to violate these regulations are guilty of a Class 3 misdemeanor and will be fined between $1,000 and $5,000.
Requires agencies to make the above required designations no later than three months after the effective date of this act.
Effective July 1, 2014, not applying to individuals who have accepted or started employment or received compensation prior to that date.