AB 870, as amended, 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 thatbegin delete 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,end deletebegin insert
asks an applicant for employment to disclose, orally or in writing, information concerning the conviction history of the applicant, including an inquiry about conviction history on an employment application, until the employer has determined that the applicant meets the minimum employment qualifications,end insert 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 abegin delete criminalend deletebegin insert convictionend insert 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 thatbegin delete inquires into or considers the criminal history of a begin insert
asks an applicant for
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.end delete
23employment to disclose, orally or in writing, information
24concerning the conviction history of the applicant, including an
25inquiry about conviction history on an employment application,
26until the employer has determined that the applicant meets the
P3 1minimum employment qualifications, as stated in the notice issued
2for the position.end insert
3(b) This section shall not apply to a position for which an
4employer is otherwise required by law to conduct abegin delete criminalend delete
5begin insert convictionend insert history background check or to any contract position
6with a criminal justice
agency, as that term is defined in Section
713101 of the Penal Code.
8(c) This section shall not be construed to prevent the state from
9accepting a bid from a person or entity that conducts abegin delete criminalend delete
10begin insert conviction end insert history background check after complying with all of
11the provisions of subdivision (a).
Section 10324 is added to the Public Contract Code,
13to read:
(a) The state shall not accept a bid from a person or
15entity thatbegin delete inquires into or considers the criminal history of a begin insert
asks an end insertbegin insertapplicant for
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.end delete
23employment to disclose, orally or in writing, information
24concerning the conviction history of the applicant, including an
25inquiry about conviction history on an employment application,
26until the employer has determined that the applicant meets the
27minimum employment qualifications, as stated in the notice issued
28for the position.end insert
29(b) This section shall not apply to a position for which an
30employer is otherwise required by law to conduct abegin delete criminalend delete
31begin insert convictionend insert history background check or to any contract position
32with a criminal justice
agency, as that term is defined in Section
3313101 of the Penal Code.
34(c) This section shall not be construed to prevent the state from
35accepting a bid from a person or entity that conducts abegin delete criminalend delete
36begin insert conviction end insert history background check after complying with all of
37the provisions of subdivision (a).
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