HF 425 (LSB 2135YH (1) 85)

HOUSE FILE 425

BY  ABDUL-SAMAD

A BILL FOR

An Act prohibiting public employers from seeking information regarding felony convictions from job applicants unless required by law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  70A.40  Hiring —— prohibited information.
   1.  For purposes of this section:
   a.  “Felony” means a conviction in a court of this or any other state or of the United States, of an offense classified as a felony by the law under which the defendant was convicted at the time of the defendant’s conviction.
   b.  “Public employer” means the state, its boards, commissions, agencies, and departments, and its political subdivisions, including counties, cities, school districts, and other special purpose districts.
   2.  Unless required to do so by a state law or a federal law, regulation, or policy, a public employer shall not seek information in an employment application regarding whether an applicant has been convicted of a felony. Where seeking such information is required by a state law or a federal law, regulation, or policy, a public employer shall not implement the state law or the federal law, regulation, or policy in a manner that exceeds the specific requirements of the state law or the federal law, regulation, or policy.
EXPLANATION
   This bill prohibits a public employer from seeking information in an employment application regarding whether an applicant has been convicted of a felony, unless the employer is required to do so by a state law or a federal law, regulation, or policy. The bill provides that where seeking such information is required by a state law or a federal law, regulation, or policy, a public employer shall not implement the state law or the federal law, regulation, or policy in a manner that exceeds the specific requirements of the state law or the federal law, regulation, or policy.