Bill Text: CA AB1198 | 2013-2014 | Regular Session | Amended
Bill Title: Public contracts: bidders: employment practices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1198 Detail]
Download: California-2013-AB1198-Amended.html
BILL NUMBER: AB 1198 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 6, 2014
INTRODUCED BY Assembly Member Jones-Sawyer
FEBRUARY 22, 2013
An act to amend Section 2051 of the Penal Code, relating
to the Department of Corrections and Rehabilitation.
An act to add Sections 10186 and 10324 to the Public Contract Code,
relating to public contracts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1198, as amended, Jones-Sawyer. Department of
Corrections and Rehabilitation. Public contracts:
bidders: employment practices.
The State Contract Act generally sets forth the authority and
duties of a state agency for bidding and awarding public works
contracts. Existing law also 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 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. 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.
Existing law authorizes the Department of Corrections and
Rehabilitation to contract for provisions, clothing, medicines,
forage, fuel, and all other staple supplies needed for the support of
the prisons for any period of time, not exceeding one year, and
further specifies bidding procedures and other particulars of the
bidding process in connection with awarding those contracts.
This bill would make technical, nonsubstantive changes to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
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) The state shall not accept a bid from 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 the notice
issued for the position. This subdivision applies to both oral and
written disclosures and disclosures made on an initial employment
application.
(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. 2. 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 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 the notice
issued for the position. This subdivision applies to both oral and
written disclosures and disclosures made on an initial employment
application.
(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).
SECTION 1. Section 2051 of the Penal Code is
amended to read:
2051. The department is hereby authorized to contract for
provisions, clothing, medicines, forage, fuel, and all other staple
supplies needed for the support of the prisons for any period of
time, not exceeding one year, and those contracts shall be limited to
bona fide dealers in the several classes of articles contracted for.
Contracts for those articles as the department may desire to
contract for, shall be given to the lowest bidder at a public letting
thereof, if the price bid is a fair and reasonable one, and not
greater than the usual value and prices.
Each bid shall be accompanied by that security as the department
may require, conditional upon the bidder entering into a contract
upon the terms of his or her bid, on notice of the acceptance
thereof, and furnishing a penal bond with good and sufficient
sureties in that sum as the department may require, and to its
satisfaction that the bidder will faithfully perform the bidder's
contract.
If the proper officer of the prison reject any article, as not
complying with the contract, or if a bidder fail to furnish the
articles awarded to him or her when required, the proper officer of
the prison may buy other articles of the kind rejected or called for,
in the open market, and deduct the price thereof, over the contract
price, from the amount due to the bidder, or charge the same up
against the bidder.
Notice of the time, place, and conditions of the letting of
contracts shall be given for at least two consecutive weeks in two
newspapers printed and published in the City and County of San
Francisco, and in one newspaper printed and published in the County
of Sacramento, and in the county where the prison to be supplied is
situated.
If all the bids made at that letting are deemed unreasonably high,
the department may, in its discretion, decline to contract and may
again advertise for that time and in those papers as it sees proper
for proposals, and may so continue to renew the advertisement until
satisfactory contracts are made; and in the meantime the department
may contract with anyone whose offer is regarded as just and
equitable, or may purchase in the open market.
No bids shall be accepted, nor a contract entered into in
pursuance thereof, when that bid is higher than any other bid at the
same letting for the same class or schedule of articles, quality
considered, and when a contract can be had at that lower bid.
When two or more bids for the same article or articles are equal
in amount, the department may select the one which, all things
considered, may by it be thought best for the interest of the state,
or it may divide the contract between the bidders as in its judgment
may seem proper and right.
The department shall have power to let a contract in the aggregate
or they may segregate the items, and enter into a contract with the
bidder or bidders who may bid lowest on the several articles.
The department shall have the power to reject the bid of any
person who had a prior contract and who had not, in the opinion of
the department, faithfully complied therewith.
