BILL ANALYSIS �
Bill No: AB
1650
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Lou Correa, Chair
2013-2014 Regular Session
Staff Analysis
AB 1650 Author: Jones-Sawyer
As Amended: May 28, 2014
Hearing Date: June 10, 2014
Consultant: Paul Donahue
SUBJECT
Public contracts; Bidder employment practices
DESCRIPTION
Requires a person bidding on certain state contracts to
certify that the person does not ask job applicants to
disclose information concerning their conviction history.
Specifically, this bill:
1) Requires any person submitting a bid to the state on a
contract involving onsite construction-related services
to certify that the person does not ask an applicant for
onsite construction-related employment to disclose orally
or in writing information concerning the applicant's
conviction history.
2) Does not require this certification if the bidder or
state agency is otherwise required by state or federal
law to conduct a conviction history background check, or
in any contract position with a "criminal justice
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agency." <1>
3) Does not require this certification when the person
submitting the bid obtains workers from a hiring hall
pursuant to a bona fide collective bargaining agreement.
EXISTING LAW
1) The State Contract Act regulates contracting between
state agencies and private contractors, and outlines
requirements for bidding and awarding of contracts for
projects.
2) Defines projects 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 of $250,000 for the 2010 calendar year, as adjusted
every 2 years.
3) Prohibits employers from asking applicants 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.
4) 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, as stated in any notice issued for the
position.
BACKGROUND
Purpose : According to the author, "men and women released
from prison often face daunting obstacles as they return
home to their communities, however none can be more
difficult than finding employment. According to a survey of
-------------------------
<1> Penal Code � 13101 describes criminal justice agencies
to include agencies at all levels of government that
perform as their principal functions, activities which
either relate to the apprehension, prosecution,
adjudication, incarceration, or correction of criminal
offenders or relate to the collection, storage,
dissemination or usage of criminal offender record
information.
AB 1650 (Jones-Sawyer) continued
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over 619 Los Angeles County employers, only 20% said they
would hire people with prior convictions. Former prisoners
are often concentrated in a relatively small number of
distressed urban neighborhoods that lack the resources
needed to assist them in the reentry process. Not
surprisingly, after being unable to find a job, many end up
returning to prison, a disastrous result for them, their
families, communities, taxpayers, and public safety.
"Across California, felony convictions are often treated as
an automatic disqualification in employment application
procedures. Without much justification individuals with
criminal records are excluded from being considered for
employment. According to the California Research Bureau,
California parolees have an unemployment rate of 80%.
Studies have implicated that there is a direct co-relation
present between the rates of recidivism and the lack of
employment for individuals with criminal backgrounds.
"In order to fight this alarming trend six states, 32 U.S.
cities and 8 cities and counties across California
including San Francisco, Richmond & Alameda County have
removed the conviction history box from job applications in
public employment and contractors who conduct business with
the public. These entities have recognized that stable
employment is critical to a successful transition into the
community. According to a study in Illinois that followed
1,600 individuals recently released from state prison, only
8% of those who were employed for a year or more committed
another crime, compared to the state's 54% average
recidivism rate.
"Removing the conviction history box can give thousands of
individuals a fair shot at employment while simultaneously
decreasing the recidivism rate, increasing economic
activity and improving public safety."
Scope and applicability : This bill concerns when - not
whether - state contractors may obtain criminal conviction
information from applicants for on-site
construction-related employment. Under the bill, this
information may be sought and considered after the state
contractor has determined that the applicant meets the
minimum qualifications for the job. The bill exempts
contract positions in all criminal justice agencies, as
well as all positions with any employer for which a
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criminal background investigation is legally required.
Supporters note that last year California joined a number
of other states and local governments by adopting AB 218
(Dickinson) which established a similar but more expansive
policy for state and local government as this bill proposes
for state contractors.
PRIOR/RELATED LEGISLATION
AB 218 (Dickinson), Chapter 699, Statutes of 2013. With
certain exceptions, provides that a state or local agency
shall not ask an applicant for employment to disclose,
orally or in writing, information concerning the conviction
history of the applicant, including any inquiry about
conviction history on any employment application, until the
agency has determined the applicant meets the minimum
employment qualifications, as stated in any notice issued
for the position.
AB 1198 (Jones-Sawyer), 2013-2014 Session. Would have
prohibited 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. (Held in Assembly Accountability and
Administrative Review Committee)
AB 870 (Jones-Sawyer), 2013-2014 Session. Would have
prohibited the state from contracting with a person or
entity that asks an applicant for employment to disclose
information concerning the conviction history of the
applicant, including an inquiry about conviction history on
an employment application, until the employer has
determined that the applicant meets the minimum employment
qualifications, as stated in any notice issued for the
position. (Held in Assembly Appropriations Committee)
SUPPORT:
Legal Services for Prisoners with Children
OPPOSE:
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None on file
DUAL REFERRAL: Senate Judiciary Committee
FISCAL COMMITTEE: Senate Appropriations Committee
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