BILL NUMBER: AB 870	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2013

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 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 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,   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,  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
  conviction  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.
  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, as stated in
the 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
  conviction  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   conviction  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.
  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, as stated in the 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
  conviction  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   conviction  history background check
after complying with all of the provisions of subdivision (a).