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AB-870 Public contracts: bidders: employment practices.(2013-2014)

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Amended  IN  Assembly  April 19, 2013
Amended  IN  Assembly  April 10, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 870


Introduced by Assembly Member Jones-Sawyer

February 22, 2013


An act to add Sections 10186 and 10324 to the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 870, as amended, Jones-Sawyer. Public contracts: bidders: employment practices.
The State Contract Act prescribes the procedures and requirements applicable to various state agency contracts. Existing law governs contracts between state agencies and private contractors, and sets forth requirements for the procurement of materials, supplies, equipment, and services, and the acquisition of information technology goods and services by state agencies.
This bill would prohibit the state from contracting with a person or entity that asks an applicant for employment to disclose, orally or in writing, 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. The bill would not apply to a position for which an employer is otherwise required by state or federal law to conduct a conviction or criminal history background check or to any contract position with a criminal justice agency, as specified.
The bill would also express a legislative finding and declaration 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, is a matter of statewide concern.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 This act shall be known, and may be cited, as the Fair Chance Employment Act.

SECTION 1.SEC. 2.

 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 individuals and entities who do business with the state. The Legislature further finds and declares that, consistent with the Criminal Justice Realignment Act of 2011 (Chapter 39 of the Statutes of 2011), increasing employment opportunities for people who have previously offended will reduce recidivism and improve economic stability in our communities.

SEC. 2.SEC. 3.

 Section 10186 is added to the Public Contract Code, to read:

10186.
 (a) The state shall not accept a bid from a person or entity that asks an applicant for employment to disclose, orally or in writing, 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 the notice issued for the position.
(b) This section shall not apply to a position for which an employer is otherwise required by state or federal law to conduct a conviction or criminal history background check or to any contract position with a criminal justice agency, as that term is defined in Section 13101 of the Penal Code.
(c) This section shall not be construed to prevent the state from accepting a bid from a person or entity that conducts a conviction history background check after complying with all of the provisions of subdivision (a).

SEC. 3.SEC. 4.

 Section 10324 is added to the Public Contract Code, to read:

10324.
 (a) The state shall not accept a bid from a person or entity that asks an applicant for employment to disclose, orally or in writing, 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 the notice issued for the position.
(b) This section shall not apply to a position for which an employer is otherwise required by state or federal law to conduct a conviction or criminal history background check or to any contract position with a criminal justice agency, as that term is defined in Section 13101 of the Penal Code.
(c) This section shall not be construed to prevent the state from accepting a bid from a person or entity that conducts a conviction history background check after complying with all of the provisions of subdivision (a).