AB 1586, as amended, 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,begin delete 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,end delete 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 10353 of the Public Contract Code is
2amended to read:
(a) (1) A contract in an amount in excess of two
4hundred thousand dollars ($200,000) that is governed by the
5provisions of this part shall contain a provision requiring the
6contractor to give priority consideration in filling vacancies in
7positions funded by the contract to qualified
job applicants who
8are one or more of the following:
9(A) Recipients of aid under Chapter 2 (commencing with Section
1011200) of Part 3 of Division 9 of the Welfare and Institutions Code,
11in accordance with Article 3.9 (commencing with Section 11349)
12of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions
13Code.
14(B) Receiving or have exhausted entitlement to unemployment
15insurance benefits.
16(C) Veterans of the Armed Forces or the National Guard.
end delete
17(D) On parole or were formerly convicted of a crime for which
18time was served in state prison.
21 19(E)
end delete
20begin insert(C)end insert Residents of a targeted employment area, as defined in
21former Section 7072 of the Government Code as in effect on
22December 31, 2013.
23(2) “Priority consideration” means that a contractor shall hire
24all qualified jobbegin delete applicantsend deletebegin insert applicants, as determined by the
25employer,end insert who meet one or more of the criteria specified in
26subparagraphsbegin delete (A) to (E),end deletebegin insert
(A) to (C),end insert inclusive, of paragraph (1)
27and who apply within five working days of the listing of the job
28opening with the Employment Development Department, before
29hiring any other applicant.
30(b) This section and Article 3.9 (commencing with Section
3111349) of Chapter 2 of Part 3 of Division 9 of the Welfare and
32Institutions Code shall not be applicable to any contracts for a
33
project as defined in Section 10105.
34(c) This section and Article 3.9 (commencing with Section
3511349) of Chapter 2 of Part 3 of Division 9 of the Welfare and
36Institutions Code shall not be construed so as to do any of the
37following:
P3 1(1) Interfere with or create a violation of the terms of valid
2collective bargaining agreements.
3(2) Require the contractor to hire an unqualified recipient of
4aid.
5(3) Interfere with, or create a violation of, any federal affirmative
6action obligation of a contractor for hiring disabled veterans or
7veterans of the Vietnam era.
8(4) Interfere with,
or create a violation of, the requirements of
9Section 12990 of the Government Code.
10(d) If waivers are deemed necessary to implement this section
11and Article 3.9 (commencing with Section 11349) of Chapter 2 of
12Part 3 of Division 9 of the Welfare and Institutions Code, and if
13the State Department of Social Services has not obtained these
14waivers from the federal government by March 1, 1985, the
15department shall report on the barriers to the waivers and the
16expected date of waiver approval.
17(e) This section is not applicable to consulting services contracts.
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