AB 870, as introduced, Jones-Sawyer. Public contracts: bidders: employment practices.
The State Contract Act prescribes the procedures and requirements applicable to various state agency contracts. Existing law governs contracts between state agencies and private contractors, and sets forth requirements for the procurement of materials, supplies, equipment, and services, and the acquisition of information technology goods and services by state agencies.
This bill would prohibit the state from contracting with a person or entity that inquires into or considers the criminal history of a potential employee on an initial employment application. The bill would authorize the state to contract with a person or entity that inquires into or considers an applicant’s criminal history after the applicant’s qualifications have been screened and the employer has determined the applicant meets the minimum employment requirements, as stated in any notice issued for the position. The bill would not apply to a position for which an employer is otherwise required by law to conduct a criminal history background check or to any contract position with a criminal justice agency, as specified.
The bill would also express a legislative finding and declaration that reducing barriers to employment for people who have previously offended, and decreasing unemployment in communities with concentrated numbers of people who have previously offended, is a matter of statewide concern.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares that reducing
2barriers to employment for people who have previously offended,
3and decreasing unemployment in communities with concentrated
4numbers of people who have previously offended, are matters of
5statewide concern. Therefore, this act shall apply to individuals
6and entities who do business with the state. The Legislature further
7finds and declares that, consistent with the Criminal Justice
8Realignment Act of 2011 (Chapter 39 of the Statutes of 2011),
9increasing employment opportunities for people who have
10previously offended will reduce recidivism and improve economic
11stability in our communities.
Section 10186 is added to the Public Contract Code,
13to read:
(a) The state shall not accept a bid from a person or
15entity that inquires into or considers the criminal history of a
16potential employee or includes any inquiry about criminal history
17on any initial employment application. The state may accept a bid
18from a person or entity that inquires into or considers a potential
19employee’s criminal history after the applicant’s qualifications
20have been screened and the person or entity has determined that
21the applicant meets the minimum employment requirements, as
22stated in any notice issued for the position.
23(b) This section shall not apply to a position for which an
24employer is otherwise required by law to conduct a criminal history
25background check or to any contract position with a criminal justice
26
agency, as that term is defined in Section 13101 of the Penal Code.
27(c) This section shall not be construed to prevent the state from
28accepting a bid from a person or entity that conducts a criminal
29history background check after complying with all of the provisions
30of subdivision (a).
Section 10324 is added to the Public Contract Code,
32to read:
(a) The state shall not accept a bid from a person or
2entity that inquires into or considers the criminal history of a
3potential employee or includes any inquiry about criminal history
4on any initial employment application. The state may accept a bid
5from a person or entity that inquires into or considers a potential
6employee’s criminal history after the applicant’s qualifications
7have been screened and the person or entity has determined that
8the applicant meets the minimum employment requirements, as
9stated in any notice issued for the position.
10(b) This section shall not apply to a position for which an
11employer is otherwise required by law to conduct a criminal history
12background check or to any contract position with a criminal justice
13
agency, as that term is defined in Section 13101 of the Penal Code.
14(c) This section shall not be construed to prevent the state from
15accepting a bid from a person or entity that conducts a criminal
16history background check after complying with all of the provisions
17of subdivision (a).
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