Senate Study Bill 1125 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOGG) A BILL FOR An Act prohibiting employers from refusing to hire job 1 applicants based on certain criminal history and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1846XC (7) 85 je/rj

S.F. _____ Section 1. Section 84A.5, subsection 4, Code 2013, is 1 amended to read as follows: 2 4. The division of labor services is responsible for the 3 administration of the laws of this state under chapters 88 , 4 88A , 88B , 89 , 89A , 89B , 90A , 91 , 91A , 91C , 91D , 91E , 91F, 92 , 5 and 94A , and section 85.68 . The executive head of the division 6 is the labor commissioner, appointed pursuant to section 91.2 . 7 Sec. 2. Section 91.4, subsection 2, Code 2013, is amended 8 to read as follows: 9 2. The director of the department of workforce development, 10 in consultation with the labor commissioner, shall, at the 11 time provided by law, make an annual report to the governor 12 setting forth in appropriate form the business and expense of 13 the division of labor services for the preceding year, the 14 number of remedial actions taken under chapter 89A , the number 15 of disputes or violations processed by the division and the 16 disposition of the disputes or violations, and other matters 17 pertaining to the division which are of public interest, 18 together with recommendations for change or amendment of the 19 laws in this chapter and chapters 88 , 88A , 88B , 89 , 89A , 89B , 20 90A , 91A , 91C , 91D , 91E , 91F, 92 , and 94A , and section 85.68 , 21 and the recommendations, if any, shall be transmitted by the 22 governor to the first general assembly in session after the 23 report is filed. 24 Sec. 3. NEW SECTION . 91F.1 Definitions. 25 As used in this chapter: 26 1. “Arrested” means the same as defined in section 804.5 and 27 includes taking into custody pursuant to section 232.19. 28 2. “Commissioner” means the labor commissioner, appointed 29 pursuant to section 91.2, or the labor commissioner’s designee. 30 3. “Convicted” means a finding of guilt, irrespective of 31 imposition or execution of any sentence; a final and valid 32 admission of guilt or a guilty plea; an entry of judgment of 33 conviction; an adjudication of delinquency, including but not 34 limited to a juvenile who has been adjudicated delinquent, but 35 -1- LSB 1846XC (7) 85 je/rj 1/ 4

S.F. _____ whose juvenile court records have been sealed under section 1 232.150; or a plea of guilty or consent agreement related to 2 a delinquency petition; and means any comparable offense for 3 which a conviction has been entered under prior law, or any 4 comparable offense for which a conviction has been entered in a 5 state, federal, military, or foreign court. 6 Sec. 4. NEW SECTION . 91F.2 Prohibited hiring practices. 7 1. A person shall not refuse to hire an applicant for 8 employment because the applicant has been arrested for or 9 convicted of a public offense more than ten years before the 10 date of application for employment. 11 2. A person shall not directly or indirectly advertise or 12 in any other manner indicate or publicize that an individual 13 arrested for or convicted of a public offense more than 14 ten years before the date of application for employment is 15 unwelcome, objectionable, not acceptable, or not solicited for 16 employment. 17 Sec. 5. NEW SECTION . 91F.3 Penalties. 18 A person violating this chapter shall be guilty of a simple 19 misdemeanor, and the commissioner shall assess a civil penalty 20 against the person in an amount not to exceed two hundred fifty 21 dollars for each violation. Civil penalties recovered pursuant 22 to this section shall be remitted by the commissioner to the 23 treasurer of state for deposit in the general fund of the 24 state. 25 Sec. 6. NEW SECTION . 91F.4 Rules. 26 The commissioner shall adopt rules pursuant to chapter 17A 27 to administer this chapter. 28 Sec. 7. NEW SECTION . 91F.5 Inapplicability. 29 1. This chapter does not apply to a public offense 30 the elements of which are substantially related to the 31 qualifications to perform the particular occupation for which 32 an applicant is applying. 33 2. This chapter shall not be construed to prohibit hiring 34 practices otherwise required by law. 35 -2- LSB 1846XC (7) 85 je/rj 2/ 4

S.F. _____ EXPLANATION 1 This bill prohibits a person from refusing to hire an 2 applicant for employment because the applicant has been 3 arrested for or convicted of a public offense more than 10 4 years before the date of application for employment. The bill 5 also prohibits a person from directly or indirectly advertising 6 or in any other manner indicating or publicizing that an 7 individual arrested for or convicted of a public offense more 8 than 10 years before the date of application for employment is 9 unwelcome, objectionable, not acceptable, or not solicited for 10 employment. 11 The bill defines “arrested” as the same as defined in Code 12 section 804.5, the taking of a person into custody when and 13 in the manner authorized by law, including restraint of the 14 person or the person’s submission to custody, as well as taking 15 a child into custody pursuant to Code section 232.19. The 16 bill defines “convicted” as a finding of guilt, irrespective 17 of imposition or execution of any sentence; a final and valid 18 admission of guilt or a guilty plea; an entry of judgment of 19 conviction; an adjudication of delinquency, including but not 20 limited to a juvenile who has been adjudicated delinquent, 21 but whose juvenile court records have been sealed under Code 22 section 232.150; or a plea of guilty or consent agreement 23 related to a delinquency petition; and means any comparable 24 offense for which a conviction has been entered under prior 25 law, or any comparable offense for which a conviction has been 26 entered in a state, federal, military, or foreign court. 27 A person violating the bill is guilty of a simple misdemeanor 28 and is subject to a civil penalty in an amount not to exceed 29 $250 to be assessed by the labor commissioner. A simple 30 misdemeanor is punishable by confinement for no more than 30 31 days or a fine of at least $65 but not more than $625 or by 32 both. 33 The labor commissioner is directed to adopt rules to 34 administer the bill. 35 -3- LSB 1846XC (7) 85 je/rj 3/ 4

S.F. _____ The bill does not apply to a public offense the elements 1 of which are substantially related to the qualifications to 2 perform the particular occupation for which an applicant is 3 applying. The bill is not to be construed to prohibit hiring 4 practices otherwise required by law. 5 -4- LSB 1846XC (7) 85 je/rj 4/ 4