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AB-218 Employment applications: criminal history.(2013-2014)

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AB218:v95#DOCUMENT

Assembly Bill No. 218
CHAPTER 699

An act to add Section 432.9 to the Labor Code, relating to employment.

[ Approved by Governor  October 10, 2013. Filed with Secretary of State  October 10, 2013. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 218, Dickinson. Employment applications: criminal history.
Existing law prohibits both public and private employers from asking an applicant for employment to disclose, either in writing or verbally, any information concerning an arrest or detention that did not result in a conviction.
This bill, commencing July 1, 2014, would prohibit 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 for the position. The bill would include specified findings and declarations of the Legislature in support of this policy.
Because this bill would impose new requirements on local agencies relative to employment application procedures, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 The Legislature finds and declares that reducing barriers to employment for people who have previously offended, and decreasing unemployment in communities with concentrated numbers of people who have previously offended, are matters of statewide concern. Therefore, this act shall apply to state agencies, all cities and counties, including charter cities and charter counties, and special districts. The Legislature further finds and declares that, consistent with the 2011 Realignment Legislation addressing public safety, increasing employment opportunities for people who have previously offended will reduce recidivism and improve economic stability in our communities.

SEC. 2.

 Section 432.9 is added to the Labor Code, to read:

432.9.
 (a) 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.
(b) This section shall not apply to a position for which a state or local agency is otherwise required by law to conduct a conviction history background check, to any position within a criminal justice agency, as that term is defined in Section 13101 of the Penal Code, or to any individual working on a temporary or permanent basis for a criminal justice agency on a contract basis or on loan from another governmental entity.
(c) This section shall not be construed to prevent a state or local agency from conducting a conviction history background check after complying with all of the provisions of subdivision (a).
(d) As used in this section, “state agency” means any state office, officer, department, division, bureau, board, commission, or agency.
(e) As used in this section, “local agency” means any county, city, city and county, including a charter city or county, or any special district.
(f) Section 433 does not apply to this section.
(g) This section shall become operative on July 1, 2014.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.