BILL NUMBER: AB 1586	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Holden

                        FEBRUARY 3, 2014

   An act to amend Section 10353 of the Public Contract Code,
relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1586, as introduced, Holden. Public contracts: hiring: priority
consideration.
   Existing law requires that specified contracts, in an amount that
exceeds $200,000, entered into by any state agency for services
contain a provision requiring the contractor to give priority
consideration in filling vacancies in positions funded by the
contract to qualified recipients of CalWORKs aid.
   This bill would also require the contract provision to include
priority consideration, as defined, for qualified job applicants who
are receiving or have exhausted entitlement to unemployment insurance
benefits, veterans of the Armed Forces or the National Guard, on
parole or were formerly convicted of a crime for which time was
served in state prison, and residents of a targeted employment area,
as defined.
   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.  Section 10353 of the Public Contract Code is amended to
read:
   10353.   (a)     (1)    A
contract in an amount in excess of two hundred thousand dollars
($200,000) that is governed by the provisions of this part shall
contain a provision requiring the contractor to give priority
consideration in filling vacancies in positions funded by the
contract to qualified  recipients of aid under Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code, in accordance with Article 3.9
(commencing with Section 11349) of Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code.   job applicants
who are one or more of the following:  
   (A) Recipients of aid under Chapter 2 (commencing with Section
11200) of Part 3 of Division 9 of the Welfare and Institutions Code,
in accordance with Article 3.9 (commencing with Section 11349) of
Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions
Code.  
   (B) Receiving or have exhausted entitlement to unemployment
insurance benefits.  
   (C) Veterans of the Armed Forces or the National Guard.  

   (D) On parole or were formerly convicted of a crime for which time
was served in state prison.  
   (E) Residents of a targeted employment area, as defined in former
Section 7072 of the Government Code as in effect on December 31,
2013.  
   (2) "Priority consideration" means that a contractor shall hire
all qualified job applicants who meet one or more of the criteria
specified in subparagraphs (A) to (E), inclusive, of paragraph (1)
and who apply within five working days of the listing of the job
opening with the Employment Development Department, before hiring any
other applicant.  
   This 
    (b)     This  section and Article 3.9
(commencing with Section 11349) of Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code shall not be applicable to any
contracts for a project as defined in Section 10105. 
   This 
    (c)     This  section and Article 3.9
(commencing with Section 11349) of Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code shall not be construed so as to
do any of the following: 
   (a) 
    (1)  Interfere with or create a violation of the terms
of valid collective bargaining agreements. 
   (b) 
    (2)  Require the contractor to hire an unqualified
recipient of aid. 
   (c) 
    (3)  Interfere with, or create a violation of, any
federal affirmative action obligation of a contractor for hiring
disabled veterans or veterans of the Vietnam era. 
   (d) 
    (4)  Interfere with, or create a violation of, the
requirements of Section 12990 of the Government Code. 
   If 
    (d)     If  waivers are deemed
necessary to implement this section and Article 3.9 (commencing with
Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare
and Institutions Code, and if the State Department of Social Services
has not obtained these waivers from the federal government by March
1, 1985, the department shall report on the barriers to the waivers
and the expected date of waiver approval. 
   This 
    (e)     This  section is not
applicable to consulting services contracts.