Amended in Assembly April 1, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1650


Introduced by Assembly Member Jones-Sawyer

February 11, 2014


An act to add Section 10186 to the Public Contract Code, relating to public contracts.

LEGISLATIVE COUNSEL’S DIGEST

AB 1650, as amended, Jones-Sawyer. Public contracts: bidders: employment practices.

The State Contract Act governs contracting between state agencies and private contractors, and sets forth requirements for the bidding, awarding, and overseeing of contracts for projects, which it defines to include the construction or other improvement to a state structure, building, road, or other state improvement of any kind that will exceed a total cost limit of $250,000 for the 2010 calendar year, as adjusted every 2 years.

Existingbegin insert regulatoryend insert law generally prohibits employers from asking an applicant for employment to disclose information concerning convictions which have been sealed, expunged, or statutorily eradicated and certain marijuana-related convictions if the convictions are more than 2 years old. Existing law, commencing July 1, 2014, prohibits a state or local agency from asking an applicant to disclose information regarding a criminal conviction, except as specified, until the agency has determined the applicant meets the minimum employment qualifications for the position.

This bill wouldbegin insert enact the Fair Chance Employment Act, which wouldend insert prohibitbegin delete a state agencyend deletebegin insert the stateend insert from contracting for a project with a person that asks an applicant forbegin delete on siteend deletebegin insert onsiteend insert construction-related employment to disclose information concerning the conviction history of the applicant. The bill would not apply to a position for which a person or state agency 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. This bill would not apply to a person that has a collective bargaining agreement with its employeesbegin insert that is consistent with these provisionsend insert.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 10186 is added to the Public Contract
2Code
, to read:

3

10186.  

(a) begin deleteA state agency end deletebegin insertThis section shall be known, and
4may be cited, as the “Fair Chance Employment Act.”end insert

5begin insert(b)end insertbegin insertend insertbegin insertThe stateend insert shall not accept a bid from a person that asks an
6applicant for onsitebegin delete construction relatedend deletebegin insert construction-relatedend insert
7 employment to disclosebegin insert orally or in writingend insert information concerning
8the conviction history of the begin deleteapplicant. This subdivision applies
9to both oral and written disclosures and disclosures made on end delete

10begin insertapplicant on or at the time of end insertan initial employment application.

begin delete

11(b)

end delete

12begin insert(c)end insert This section shall not apply to a position for which the person
13or the statebegin delete agencyend delete is otherwise required by state or federal law to
14conduct a convictionbegin delete or criminalend delete history background check or to
15any contract position with a criminal justice agency, as that term
16is defined in Section 13101 of the Penal Code.

begin delete

17(c) This section shall not be construed to prevent a state agency
18from accepting a bid from a person that conducts a conviction
19history background check after complying with the provisions of
20subdivision (a).

end delete

21(d) This section shall not apply to a person that has a collective
22bargaining agreement with its employeesbegin insert that is consistent with
23the provisions of this sectionend insert
.



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