BILL NUMBER: AB 1650	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 1, 2014

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.
   Existing  regulatory  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  enact the Fair Chance Employment Act, which
would  prohibit  a state agency   the state
 from contracting for a project with a person that asks an
applicant for  on site   onsite 
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  that is
consistent with these provisions  .
   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 10186 is added to the Public Contract Code, to
read:
   10186.  (a)  A state agency   This section
shall be known, and may be cited, as the "Fair Chance Employment Act."

    (b)     The state  shall not accept a
bid from a person that asks an applicant for onsite 
construction related   construction-related 
employment to disclose  orally or in writing  information
concerning the conviction history of the  applicant. This
subdivision applies to both oral and written disclosures and
disclosures made on   applicant on or at the time of
 an initial employment application. 
   (b) 
    (c)  This section shall not apply to a position for
which the person or the 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 that term is defined in
Section 13101 of the Penal Code. 
   (c) This section shall not be construed to prevent a state agency
from accepting a bid from a person that conducts a conviction history
background check after complying with the provisions of subdivision
(a). 
   (d) This section shall not apply to a person that has a collective
bargaining agreement with its employees  that is consistent with
the provisions of this section  .