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 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 bybegin insert state or federalend insert law to conduct a convictionbegin insert or criminalend 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:
begin insertThis act shall be known, and may be cited, as the end insertbegin insert2Fair Chance Employment Actend insertbegin insert. end insert
The Legislature finds and declares that reducing
5barriers to employment for people who have previously offended,
6and decreasing unemployment in communities with concentrated
7numbers of people who have previously offended, are matters of
8statewide concern. Therefore, this act shall apply to individuals
9and entities who do business with the state. The Legislature further
10finds and declares that, consistent with the Criminal Justice
11Realignment Act of 2011 (Chapter 39 of the Statutes of 2011),
12increasing employment opportunities for
people who have
13previously offended will reduce recidivism and improve economic
14stability in our communities.
Section 10186 is added to the Public Contract Code,
17to read:
(a) The state shall not accept a bid from a person or
19entity that
asks an applicant for employment to disclose, orally or
20in writing, information concerning the conviction history of the
21applicant, including an inquiry about conviction history on an
22employment application, until the employer has determined that
23the applicant meets the minimum employment qualifications, as
24stated in the notice issued for the position.
25(b) This section shall not apply to a position for which an
26employer is otherwise required bybegin insert state or federalend insert law to conduct
27a convictionbegin insert or criminalend insert history background check or to any
28contract position with a criminal justice agency, as that term is
29defined in Section 13101 of
the Penal Code.
P3 1(c) This section shall not be construed to prevent the state from
2accepting a bid from a person or entity that conducts a conviction
3history background check after complying with all of the provisions
4of subdivision (a).
Section 10324 is added to the Public Contract Code,
7to read:
(a) The state shall not accept a bid from a person or
9entity that
asks an applicant for employment to disclose, orally or
10in writing, information concerning the conviction history of the
11applicant, including an inquiry about conviction history on an
12employment application, until the employer has determined that
13the applicant meets the minimum employment qualifications, as
14stated in the notice issued for the position.
15(b) This section shall not apply to a position for which an
16employer is otherwise required bybegin insert state or federalend insert law to conduct
17a convictionbegin insert or criminalend insert history background check or to any
18contract position with a criminal justice agency, as that term is
19defined in Section 13101 of
the Penal Code.
20(c) This section shall not be construed to prevent the state from
21accepting a bid from a person or entity that conducts a conviction
22history background check after complying with all of the provisions
23of subdivision (a).
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