H97 - 2015 Appropriations Act, Sec. 26.2: Personal Services Contracts/Temporary Solutions (SL 2015-241)

Overview: Sec. 26.2 of S.L. 2015-241, as amended by Sec. 74 of S.L. 2015-264, requires that personal services contracts, including information technology personal contracts, entered into by Executive Branch agencies are subject to the same requirements and procedures as ordinary services contracts, preempting various administrative rules that previously exempted personal services from those requirements. This requirement does not apply to the engagement of experts or expert witnesses who are involved in the planning, prosecution, or defense of any litigation, by the Department of Justice, the Governor, State agencies, or institutions.

This section also requires Executive Branch State agencies that utilize temporary employees to perform work that is not information technology-related to employ those employees through the Temporary Solutions Program administered by the Office of State Human Resources. This requirement applies to Council of State and non-Council of State agencies and builds on a requirement contained in an executive order issued in February of 2013 that imposed a similar requirement but only on non-Council of State Executive Branch agencies.

This section became effective July 1, 2015.