BILL NUMBER: AB 870	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jones-Sawyer

                        FEBRUARY 22, 2013

   An act to add Sections 10186 and 10324 to the Public Contract
Code, relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   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:

  SECTION 1.  The Legislature finds and declares 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, are matters of statewide
concern. Therefore, this act shall apply to individuals and entities
who do business with the state. The Legislature further finds and
declares that, consistent with the Criminal Justice Realignment Act
of 2011 (Chapter 39 of the Statutes of 2011), increasing employment
opportunities for people who have previously offended will reduce
recidivism and improve economic stability in our communities.
  SEC. 2.  Section 10186 is added to the Public Contract Code, to
read:
   10186.  (a) The state shall not accept a bid from a person or
entity that inquires into or considers the criminal history of a
potential employee or includes any inquiry about criminal history on
any initial employment application. The state may accept a bid from a
person or entity that inquires into or considers a potential
employee's criminal history after the applicant's qualifications have
been screened and the person or entity has determined that the
applicant meets the minimum employment requirements, as stated in any
notice issued for the position.
   (b) This section shall 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 that term is defined in Section 13101 of the Penal Code.
   (c) This section shall not be construed to prevent the state from
accepting a bid from a person or entity that conducts a criminal
history background check after complying with all of the provisions
of subdivision (a).
  SEC. 3.  Section 10324 is added to the Public Contract Code, to
read:
   10324.  (a) The state shall not accept a bid from a person or
entity that inquires into or considers the criminal history of a
potential employee or includes any inquiry about criminal history on
any initial employment application. The state may accept a bid from a
person or entity that inquires into or considers a potential
employee's criminal history after the applicant's qualifications have
been screened and the person or entity has determined that the
applicant meets the minimum employment requirements, as stated in any
notice issued for the position.
   (b) This section shall 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 that term is defined in Section 13101 of the Penal Code.
   (c) This section shall not be construed to prevent the state from
accepting a bid from a person or entity that conducts a criminal
history background check after complying with all of the provisions
of subdivision (a).