North Carolina § 143B-1362 - Personal services contracts subject to Article.

§ 143B-1362. Personal services contracts subject to Article.

Requirement. - Notwithstanding any other provision of law, information technology personal services contracts for executive branch agencies shall be subject to the same requirements and procedures as information technology service contracts, except as provided in this section. Certain Approvals Required. - Notwithstanding any provision of law to the contrary, no information technology personal services contract, nor any contract that provides personnel to perform information technology functions regardless of the cost of the contract, may be established or renewed without written approval from the Department of Information Technology. To facilitate compliance with this requirement, the Department of Information Technology shall develop and document a process to monitor all State agency information technology personal services contracts, as well as any other State contracts providing personnel to perform information technology functions and a process for obtaining approval of contractor positions. , (d) Repealed by Session Laws 2019-200, s. 2, effective August 21, 2019. Reporting Required. - The Department of Information Technology shall report biennially to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the number of information technology service contractors in each State agency, the cost for each, and the comparable cost, including benefits, of a State employee serving in that capacity rather than a contractor. Information Technology Personal Services Contract Defined. - For purposes of this section, the term "personal services contract" means a contract for services provided by a professional individual as an independent contractor on a temporary or occasional basis. Repealed by Session Laws 2019-200, s. 2, effective August 21, 2019. History (2015-241, s. 26.2(b); 2019-200, s. 2.) Editor's Note. - Session Laws 2015-241, s. 26.2(b), enacted this section as G.S. 143B-1334.1. It has been renumbered as G.S. 143B-1362 at the direction of the Revisor of Statutes. Session Laws 2015-241, s. 26.2(c), provides: "Personal services contracts and information technology personal services contracts in effect on the effective date of this act shall be allowed to expire in accordance with the terms of the contract. A personal services contract or an information technology personal services contract that can be terminated at any time shall be reviewed within 60 days of the effective date of this act and shall only be continued if the contract complies with the requirements of G.S. 143-48.6 and G.S. 143B-1334.1 [now 143B-1362], as enacted by subsections (a) and (b) of this section, respectively. A personal services contract or information technology personal services contract entered into after the effective date of this act shall comply with the requirements of G.S. 143-48.6 or G.S. 143B-1334.1 [now 143B-1362], as applicable." Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Effect of Amendments. - Session Laws 2019-200, s. 2, effective August 21, 2019, rewrote the section.