Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1198

Introduced by Assembly Member Jones-Sawyer

February 22, 2013

begin delete An act to amend Section 2051 of the Penal Code, relating to the Department of Corrections and Rehabilitation. end delete begin insert An act to add Sections 10186 and 10324 to the Public Contract Code, relating to public contracts. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1198, as amended, Jones-Sawyer. begin delete Department of Corrections and Rehabilitation. end delete begin insert Public contracts: bidders: employment practices. end insert

begin insert

The State Contract Act generally sets forth the authority and duties of a state agency for bidding and awarding public works contracts. Existing law also sets forth requirements for the procurement of materials, supplies, equipment, and services, and the acquisition of information technology goods and services by state agencies.

end insert begin insert

This bill would prohibit the state from contracting with a person or entity that asks an applicant for employment who will assist the person or entity in fulfilling the contract with the state to disclose information concerning the conviction history of the applicant, unless the employer has determined that the applicant meets the minimum employment qualifications as stated in any notice issued for the position. The bill would not apply to a position for which an employer 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.

end insert begin delete

Existing law authorizes the Department of Corrections and Rehabilitation to contract for provisions, clothing, medicines, forage, fuel, and all other staple supplies needed for the support of the prisons for any period of time, not exceeding one year, and further specifies bidding procedures and other particulars of the bidding process in connection with awarding those contracts.

end delete begin delete

This bill would make technical, nonsubstantive changes to those provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 10186 is added to the end insert begin insert Public Contract
Code end insert begin insert , to read: end insert

begin insert

begin insert 10186. end insert   

(a) The state shall not accept a bid from a person or
entity that asks an applicant for employment who will assist the
person or entity in fulfilling the contract with the state to disclose
information concerning the conviction history of the applicant,
unless the employer has determined that the applicant meets the
minimum employment qualifications as stated in the notice issued
for the position. This subdivision applies to both oral and written
disclosures and disclosures made on an initial employment
application.

(b) This section shall not apply to a position for which an
employer 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 the state from
accepting a bid from a person or entity that conducts a conviction
history background check after complying with all of the provisions
of subdivision (a).

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 10324 is added to the end insert begin insert Public Contract Code end insert begin insert ,
to read: end insert

begin insert

begin insert 10324. end insert   

(a) The state shall not accept a bid from a person or
entity that asks an applicant for employment who will assist the
person or entity in fulfilling the contract with the state to disclose
information concerning the conviction history of the applicant,
unless the employer has determined that the applicant meets the
minimum employment qualifications as stated in the notice issued
for the position. This subdivision applies to both oral and written
disclosures and disclosures made on an initial employment
application.

(b) This section shall not apply to a position for which an
employer 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 the state from
accepting a bid from a person or entity that conducts a conviction
history background check after complying with all of the provisions
of subdivision (a).

end insert

begin delete

SECTION 1.  

Section 2051 of the Penal Code is amended to
read:

2051.  

The department is hereby authorized to contract for
provisions, clothing, medicines, forage, fuel, and all other staple
supplies needed for the support of the prisons for any period of
time, not exceeding one year, and those contracts shall be limited
to bona fide dealers in the several classes of articles contracted
for. Contracts for those articles as the department may desire to
contract for, shall be given to the lowest bidder at a public letting
thereof, if the price bid is a fair and reasonable one, and not greater
than the usual value and prices.

Each bid shall be accompanied by that security as the department
may require, conditional upon the bidder entering into a contract
upon the terms of his or her bid, on notice of the acceptance thereof,
and furnishing a penal bond with good and sufficient sureties in
that sum as the department may require, and to its satisfaction that
the bidder will faithfully perform the bidder’s contract.

If the proper officer of the prison reject any article, as not
complying with the contract, or if a bidder fail to furnish the articles
awarded to him or her when required, the proper officer of the
prison may buy other articles of the kind rejected or called for, in
the open market, and deduct the price thereof, over the contract
price, from the amount due to the bidder, or charge the same up
against the bidder.

Notice of the time, place, and conditions of the letting of
contracts shall be given for at least two consecutive weeks in two
newspapers printed and published in the City and County of San
Francisco, and in one newspaper printed and published in the
County of Sacramento, and in the county where the prison to be
supplied is situated.

If all the bids made at that letting are deemed unreasonably high,
the department may, in its discretion, decline to contract and may
again advertise for that time and in those papers as it sees proper
for proposals, and may so continue to renew the advertisement
until satisfactory contracts are made; and in the meantime the
department may contract with anyone whose offer is regarded as
just and equitable, or may purchase in the open market.

No bids shall be accepted, nor a contract entered into in
pursuance thereof, when that bid is higher than any other bid at
the same letting for the same class or schedule of articles, quality
considered, and when a contract can be had at that lower bid.

When two or more bids for the same article or articles are equal
in amount, the department may select the one which, all things
considered, may by it be thought best for the interest of the state,
or it may divide the contract between the bidders as in its judgment
may seem proper and right.

The department shall have power to let a contract in the aggregate
or they may segregate the items, and enter into a contract with the
bidder or bidders who may bid lowest on the several articles.

The department shall have the power to reject the bid of any
person who had a prior contract and who had not, in the opinion
of the department, faithfully complied therewith.

end delete