S.F. _____ Section 1. Section 84A.5, subsection 4, Code 2014, 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 2014, 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 5050XC (4) 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 conviction 3 that has been entered under prior law, or in a state, federal, 4 military, or foreign court. 5 Sec. 4. NEW SECTION . 91F.2 Prohibited hiring practices. 6 1. A person shall not refuse to hire an applicant for 7 employment because the applicant has been arrested for or 8 convicted of a public offense more than ten years before the 9 date of application for employment unless the elements of the 10 public offense are substantially related to the qualifications 11 to perform employment in the particular occupation in which the 12 applicant is applying for employment. 13 2. A person shall not directly or indirectly advertise or 14 in any other manner indicate or publicize that an individual 15 arrested for or convicted of a public offense more than ten 16 years before the date of application for employment, unless 17 the elements of the public offense are substantially related 18 to the qualifications to perform employment in the particular 19 occupation in which the applicant is applying for employment, 20 is unwelcome, objectionable, not acceptable, or not solicited 21 for employment. 22 Sec. 5. NEW SECTION . 91F.3 Penalties. 23 A person violating this chapter shall be guilty of a simple 24 misdemeanor, and the commissioner shall assess a civil penalty 25 against the person in an amount not to exceed two hundred fifty 26 dollars for each violation. Civil penalties recovered pursuant 27 to this section shall be remitted by the commissioner to the 28 treasurer of state for deposit in the general fund of the 29 state. 30 Sec. 6. NEW SECTION . 91F.4 Rules. 31 The commissioner shall adopt rules to administer this 32 chapter. 33 Sec. 7. NEW SECTION . 91F.5 Inapplicability. 34 This chapter shall not be construed to prohibit hiring 35 -2- LSB 5050XC (4) 85 je/rj 2/ 4

S.F. _____ practices otherwise required by law. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill prohibits a person from refusing to hire an 5 applicant for employment because the applicant has been 6 arrested for or convicted of a public offense more than 10 7 years before the date of application for employment unless 8 the elements of the public offense are substantially related 9 to the qualifications to perform employment in the particular 10 occupation in which the applicant is applying for employment. 11 The bill also prohibits a person from directly or indirectly 12 advertising or in any other manner indicating or publicizing 13 that an individual arrested for or convicted of a public 14 offense more than 10 years before the date of application 15 for employment, unless the elements of the public offense 16 are substantially related to the qualifications to perform 17 employment in the particular occupation in which the applicant 18 is applying for employment, is unwelcome, objectionable, not 19 acceptable, or not solicited for employment. 20 The bill defines “arrested” as the same as defined in Code 21 section 804.5, the taking of a person into custody when and 22 in the manner authorized by law, including restraint of the 23 person or the person’s submission to custody, as well as taking 24 a child into custody pursuant to Code section 232.19. The 25 bill defines “convicted” as a finding of guilt, irrespective 26 of imposition or execution of any sentence; a final and valid 27 admission of guilt or a guilty plea; an entry of judgment of 28 conviction; an adjudication of delinquency, including but not 29 limited to a juvenile who has been adjudicated delinquent, 30 but whose juvenile court records have been sealed under Code 31 section 232.150; or a plea of guilty or consent agreement 32 related to a delinquency petition; and means any comparable 33 conviction that has been entered under prior law, or in a 34 state, federal, military, or foreign court. 35 -3- LSB 5050XC (4) 85 je/rj 3/ 4

S.F. _____ A person violating the bill is guilty of a simple misdemeanor 1 and is subject to a civil penalty in an amount not to exceed 2 $250 to be assessed by the labor commissioner. A simple 3 misdemeanor is punishable by confinement for no more than 30 4 days or a fine of at least $65 but not more than $625 or by 5 both. 6 The labor commissioner is directed to adopt rules to 7 administer the bill. 8 The bill is not to be construed to prohibit hiring practices 9 otherwise required by law. 10 -4- LSB 5050XC (4) 85 je/rj 4/ 4