BILL NUMBER: AB 1586	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 7, 2014

INTRODUCED BY   Assembly Member Holden
    (   Principal coauthor:   Assembly Member
  Brown   ) 

                        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 amended, 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 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) 
    (C)  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   applicants, as
determined by the employer,  who meet one or more of the
criteria specified in subparagraphs  (A) to (E), 
 (A) to (C),  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.

   (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.
   (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:
   (1) Interfere with or create a violation of the terms of valid
collective bargaining agreements.
   (2) Require the contractor to hire an unqualified recipient of
aid.
   (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.
   (4) Interfere with, or create a violation of, the requirements of
Section 12990 of the Government Code.
   (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.

   (e) This section is not applicable to consulting services
contracts.