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.
Existing 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 would prohibit
begin delete a state agencyend delete from contracting for a project with a person that asks an applicant for begin delete on siteend delete
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 employees.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 10186 is added to the Public Contract
2Code, to read:
begin deleteA state agency end delete
5 shall not accept a bid from a person that asks an
6applicant for onsite
begin delete construction relatedend delete
7 employment to disclose information concerning
8the conviction history of the
begin deleteapplicant. This subdivision applies
9to both oral and written disclosures and disclosures made on end delete
10an initial employment application.
section shall not apply to a position for which the person
13or the state
begin delete agencyend delete is otherwise required by state or federal law to
14conduct a conviction
begin 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.
17(c) This section shall not be construed to prevent a
18from accepting a bid from a person that conducts a conviction
19history background check after complying with the provisions of
21(d) This section shall not apply to a person that has a collective
22bargaining agreement with its employees.