BILL NUMBER: AB 1650	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 21, 2014
	PASSED THE ASSEMBLY  AUGUST 26, 2014
	AMENDED IN SENATE  AUGUST 18, 2014
	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, 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 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 the person will
not ask an applicant for onsite construction-related employment to
disclose information concerning his or her conviction history on or
at the time of an initial employment application. 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
to the extent that he or she obtains workers from a hiring hall
pursuant to a bona fide collective bargaining agreement.


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 will 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 to the extent that he
or she obtains workers from a hiring hall pursuant to a bona fide
collective bargaining agreement.