Amended in Assembly May 23, 2014

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 overseeingbegin insert,end insert of contracts forbegin delete projects, which itend deletebegin insert projects. The actend insert definesbegin insert a projectend insert to include the construction or other improvement to a state structure, building, road, or other state improvement of any kindbegin insert,end insert 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 eradicatedbegin insert,end insert 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 wouldbegin delete prohibit the state from contracting for a project with a person that asks an applicant for onsite construction-related employmentend deletebegin insert require any person submitting a bid for a state contract involving onsite construction-related services to certify that they do not ask an applicant for onsite construction-related employmentend insert to disclose information concerningbegin delete theend deletebegin insert his or herend insert conviction historybegin delete of the applicantend delete. 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:

P2    1

SECTION 1.  

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

3

10186.  

(a) This section shall be known, and may be cited, as
4the “Fair Chance Employment Act.”

5(b)  begin deleteThe state shall not accept a bid from a person that asks an
6applicant for onsite construction-related end delete
begin insertAny person submitting a
7bid to the state on a contract involving onsite construction-related
8services shall certify that the person does not ask an applicant for
9onsite construction-related end insert
employment to disclose orally or in
10writing information concerning the conviction history of the
11applicant on or at the time of an initial employment application.

12(c) This section shall not apply to a position for which the person
13or the state is otherwise required by state or federal law to conduct
14a conviction history background check or to any contract position
15with a criminal justice agency, as that term is defined in Section
1613101 of the Penal Code.

17(d) This section shall not apply to a person that has a collective
18bargaining agreement with its employees that is consistent with
19the provisions of this section.



O

    97