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, 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) Residents of a targeted employment area, as defined in
17former Section 7072 of the Government Code as in effect on
18December 31, 2013.
19(2) “Priority consideration” means that a contractor shallbegin delete hireend delete
20begin insert considerend insert all qualified job applicants, as determined by the
21employer, who meet one or more of the criteria specified in
22subparagraphs (A) to (C), inclusive, of paragraph (1) and who
23apply within five working days of the listing of the job opening
24with the Employment
Developmentbegin delete Department, before hiring any begin insert
Departmentend insert.
25other applicantend delete
26(b) This section and Article 3.9 (commencing with Section
2711349) of Chapter 2 of Part 3 of Division 9 of the Welfare and
28Institutions Code shall not be applicable to any contracts for a
29
project as defined in Section 10105.
30(c) 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 construed so as to do any of the
33following:
34(1) Interfere with or create a violation of the terms of valid
35collective bargaining agreements.
36(2) Require the contractor to hire an unqualified recipient of
37aid.
P3 1(3) Interfere with, or create a violation of, any federal affirmative
2action obligation of a contractor for hiring disabled veterans or
3veterans of the Vietnam era.
4(4) Interfere with, or
create a violation of, the requirements of
5Section 12990 of the Government Code.
6(d) If waivers are deemed necessary to implement this section
7and Article 3.9 (commencing with Section 11349) of Chapter 2 of
8Part 3 of Division 9 of the Welfare and Institutions Code, and if
9the State Department of Social Services has not obtained these
10waivers from the federal government by March 1, 1985, the
11department shall report on the barriers to the waivers and the
12expected date of waiver approval.
13(e) This section is not applicable to consulting services contracts.
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