BILL NUMBER: AB 1650	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 28, 2014
	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. 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   that  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
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 employment to disclose
information concerning his or her conviction history. 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.  
to the extent that he or she obtains workers from a hiring hall
pursuant to a bona fide collective bargaining agreement. 
   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) 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.   to the extent
that he or she obtains workers from a hiring hall pursuant to a bona
fide collective bargaining agreement.