California Assembly Bill AB1650 Amended / Bill

 BILL NUMBER: AB 1650AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 1, 2014 INTRODUCED BY Assembly Member Jones-Sawyer FEBRUARY 11, 2014 An act to add Section 10186 to the Public Contract Code, relating to public contracts. LEGISLATIVE COUNSEL'S DIGEST AB 1650, as amended, Jones-Sawyer. Public contracts: bidders: employment practices. The State Contract Act governs contracting between state agencies and private contractors, and sets forth requirements for the bidding, awarding, and overseeing of contracts for projects, which it defines 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 limit of $250,000 for the 2010 calendar year, as adjusted every 2 years. Existing  regulatory  law generally prohibits employers from asking an applicant for employment to disclose information concerning convictions which have been sealed, expunged, or statutorily eradicated and certain marijuana-related convictions if the convictions are more than 2 years old. Existing law, commencing July 1, 2014, 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 for the position. This bill would  enact the Fair Chance Employment Act, which would  prohibit  a state agency   the state  from contracting for a project with a person that asks an applicant for  on site   onsite  construction-related employment to disclose information concerning the conviction history of the applicant. The bill would not apply to a position for which a person or state agency 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. This bill would not apply to a person that has a collective bargaining agreement with its employees  that is consistent with these provisions  . Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 10186 is added to the Public Contract Code, to read: 10186. (a)  A state agency   This section shall be known, and may be cited, as the "Fair Chance Employment Act."   (b)     The state  shall not accept a bid from a person that asks an applicant for onsite  construction related   construction-related  employment to disclose  orally or in writing  information concerning the conviction history of the  applicant. This subdivision applies to both oral and written disclosures and disclosures made on   applicant on or at the time of  an initial employment application.  (b)   (c)  This section shall not apply to a position for which the person or the state  agency  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 a state agency from accepting a bid from a person that conducts a conviction history background check after complying with the provisions of subdivision (a).  (d) This section shall not apply to a person that has a collective bargaining agreement with its employees  that is consistent with the provisions of this section  .