California Legislature—2013–14 Regular Session

Assembly Bill No. 1586

Introduced by Assembly Member Holden

February 3, 2014

An act to amend Section 10353 of the Public Contract Code, relating to public contracts.

LEGISLATIVE COUNSEL’S DIGEST

AB 1586, as introduced, Holden. Public contracts: hiring: priority consideration.

Existing law requires that specified contracts, in an amount that exceeds $200,000, entered into by any state agency for services contain a provision requiring the contractor to give priority consideration in filling vacancies in positions funded by the contract to qualified recipients of CalWORKs aid.

This bill would also require the contract provision to include priority consideration, as defined, for qualified job applicants who are receiving or have exhausted entitlement to unemployment insurance benefits, veterans of the Armed Forces or the National Guard, on parole or were formerly convicted of a crime for which time was served in state prison, and residents of a targeted employment area, as defined.

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 10353 of the Public Contract Code is
amended to read:

10353.  

begin insert (a) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert A contract in an amount in excess of two
hundred thousand dollars ($200,000) that is governed by the
provisions of this part shall contain a provision requiring the
contractor to give priority consideration in filling vacancies in
positions funded by the contract to qualified begin delete recipients of aid under
Chapter 2 (commencing with Section 11200) of Part 3 of Division
9 of the Welfare and Institutions Code, in accordance with Article
3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of
Division 9 of the Welfare and Institutions Code. end delete begin insert job applicants
who are one or more of the following: end insert

begin insert

(A) Recipients of aid under Chapter 2 (commencing with Section
11200) of Part 3 of Division 9 of the Welfare and Institutions Code,
in accordance with Article 3.9 (commencing with Section 11349)
of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions
Code.

end insert begin insert

(B) Receiving or have exhausted entitlement to unemployment
insurance benefits.

end insert begin insert

(C) Veterans of the Armed Forces or the National Guard.

end insert begin insert

(D) On parole or were formerly convicted of a crime for which
time was served in state prison.

end insert begin insert

(E) Residents of a targeted employment area, as defined in
former Section 7072 of the Government Code as in effect on
December 31, 2013.

end insert begin insert

(2) “Priority consideration” means that a contractor shall hire
all qualified job applicants who meet one or more of the criteria
specified in subparagraphs (A) to (E), inclusive, of paragraph (1)
and who apply within five working days of the listing of the job
opening with the Employment Development Department, before
hiring any other applicant.

end insert begin delete

This

end delete

begin insert (b) end insert begin insert   end insert begin insert This end insert section and Article 3.9 (commencing with Section
11349) of Chapter 2 of Part 3 of Division 9 of the Welfare and
Institutions Code shall not be applicable to any contracts for a
project as defined in Section 10105.

begin delete

This

end delete

begin insert (c) end insert begin insert   end insert begin insert This end insert section and Article 3.9 (commencing with Section
11349) of Chapter 2 of Part 3 of Division 9 of the Welfare and
Institutions Code shall not be construed so as to do any of the
following:

begin delete

(a)

end delete

begin insert (1) end insert  Interfere with or create a violation of the terms of valid
collective bargaining agreements.

begin delete

(b)

end delete

begin insert (2) end insert  Require the contractor to hire an unqualified recipient of
aid.

begin delete

(c)

end delete

begin insert (3) end insert  Interfere with, or create a violation of, any federal affirmative
action obligation of a contractor for hiring disabled veterans or
veterans of the Vietnam era.

begin delete

(d)

end delete

begin insert (4) end insert  Interfere with, or create a violation of, the requirements of
Section 12990 of the Government Code.

begin delete

If

end delete

begin insert (d) end insert begin insert   end insert begin insert If end insert waivers are deemed necessary to implement this section
and Article 3.9 (commencing with Section 11349) of Chapter 2 of
Part 3 of Division 9 of the Welfare and Institutions Code, and if
the State Department of Social Services has not obtained these
waivers from the federal government by March 1, 1985, the
department shall report on the barriers to the waivers and the
expected date of waiver approval.

begin delete

This

end delete

begin insert (e) end insert begin insert   end insert begin insert This end insert section is not applicable to consulting services contracts.