BILL NUMBER: AB 870	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 19, 2013
	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 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  state or
federal  law to conduct a conviction  or 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.    This act shall be known, and may be
cited, as the   Fair Chance Employment Act   .

   SECTION 1.   SEC. 2.   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.   SEC. 3.   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 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  state or federal  law to
conduct a conviction  or 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 conviction
history background check after complying with all of the provisions
of subdivision (a).
   SEC. 3.   SEC. 4.   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 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  state or federal  law to
conduct a conviction  or 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 conviction
history background check after complying with all of the provisions
of subdivision (a).