H.F. 301 Section 1. NEW SECTION . 70A.40 Hiring —— prohibited 1 information. 2 1. For purposes of this section: 3 a. “Felony” means a conviction in a court of this or any 4 other state or of the United States, of an offense classified 5 as a felony by the law under which the defendant was convicted 6 at the time of the defendant’s conviction. 7 b. “Public employer” means the state, its boards, 8 commissions, agencies, and departments, and its political 9 subdivisions, including counties, cities, school districts, and 10 other special purpose districts. 11 2. Unless required to do so by a state law or a federal 12 law, regulation, or policy, a public employer shall not seek 13 information in an employment application regarding whether 14 an applicant has been convicted of a felony. Where seeking 15 such information is required by a state law or a federal law, 16 regulation, or policy, a public employer shall not implement 17 the state law or the federal law, regulation, or policy in a 18 manner that exceeds the specific requirements of the state law 19 or the federal law, regulation, or policy. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill prohibits a public employer from seeking 24 information in an employment application regarding whether 25 an applicant has been convicted of a felony, unless the 26 employer is required to do so by a state law or a federal law, 27 regulation, or policy. The bill provides that where seeking 28 such information is required by a state law or a federal law, 29 regulation, or policy, a public employer shall not implement 30 the state law or the federal law, regulation, or policy in a 31 manner that exceeds the specific requirements of the state law 32 or the federal law, regulation, or policy. 33 -1- LSB 2163YH (3) 86 je/sc 1/ 1