BILL NUMBER: AB 1650	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 23, 2014
	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   projects. The act  defines
 a project  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 the state from contracting for a project with a
person that asks an applicant for onsite construction-related
employment   require any person submitting a bid for a s
  tate contract involving onsite construction-related
services to certify that they do not ask an applicant for onsite
construction-related employment  to disclose information
concerning  the   his or her  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) 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   Any
person submitting a bid to the state on a contract involving onsite
construction-related services shall certify that the person does not
ask an applicant for onsite construction-related  employment to
disclose orally or in writing information concerning the conviction
history of the applicant on or at the time of an initial employment
application.
   (c) This section shall not apply to a position for which the
person or the state is otherwise required by state or federal law to
conduct a conviction 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.
   (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.