House File 2076 - Introduced HOUSE FILE 2076 BY ANDERSON , STAED , GASKILL , R. SMITH , ABDUL-SAMAD , WINCKLER , MEYER , KURTH , H. MILLER , HUNTER , and KEARNS A BILL FOR An Act prohibiting employers and employment agencies from 1 seeking the criminal record or criminal history from 2 applicants under certain circumstances and providing 3 penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5567HH (5) 87 je/rj

H.F. 2076 Section 1. NEW SECTION . 735.1 Definitions. 1 As used in this chapter: 2 1. “Criminal record or criminal history” means information 3 collected or possessed by any criminal justice agency or 4 judicial system in this state or in another jurisdiction, 5 including a federal, military, tribal, or foreign jurisdiction, 6 concerning individuals which information includes identifiable 7 descriptions and notations of arrests, detentions, indictments, 8 or other formal criminal charges, and any disposition arising 9 therefrom, including acquittal, deferred judgment, sentencing, 10 correctional supervision, release, or conviction, and any 11 sentence arising from a verdict or plea of guilty or nolo 12 contendere, including a sentence of incarceration, a suspended 13 sentence, a sentence of probation, or a sentence of conditional 14 discharge. 15 2. “Employer” means a person who in this state employs for 16 wages a natural person. “Employer” includes an agent of an 17 employer. 18 3. “Employment agency” means a person who, with or without 19 compensation, regularly brings together those desiring to 20 employ and those desiring employment. “Employment agency” 21 includes an agent of an employment agency. 22 4. “Interview” includes an interview conducted in person or 23 by telephone or other means of electronic communication. 24 Sec. 2. NEW SECTION . 735.2 Criminal record or criminal 25 history —— inquiry or required disclosure prohibited. 26 Unless otherwise specifically required by law, an employer 27 or employment agency shall not inquire about or require 28 disclosure of the criminal record or criminal history of an 29 applicant for employment until after the applicant has been 30 interviewed, but may do so before an offer of employment is 31 made. 32 Sec. 3. NEW SECTION . 735.3 Penalty —— injunctive relief. 33 1. A person who violates section 735.2 commits a scheduled 34 violation under section 805.8C, subsection 12. 35 -1- LSB 5567HH (5) 87 je/rj 1/ 2

H.F. 2076 2. When a person commits or proposes to commit an act 1 in violation of section 735.2, an injunction may be granted 2 through an action in district court to prohibit the person from 3 continuing such acts. The action for injunctive relief may 4 be brought by an aggrieved person, a county attorney, or the 5 attorney general. 6 Sec. 4. Section 805.8C, Code 2018, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 12. Criminal record or criminal history 9 violations. For violations of section 735.2, the scheduled fine 10 is five hundred dollars for a first violation, one thousand 11 dollars for a second violation, and two thousand dollars for a 12 third or subsequent violation. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill prohibits an employer or employment agency from 17 inquiring about or requiring disclosure of the criminal record 18 or criminal history of an applicant for employment until after 19 the applicant has been interviewed, but permits an employer or 20 employment agency to do so before an offer of employment is 21 made. 22 The penalty for a violation of the bill is a scheduled fine 23 of $500 for a first violation, $1,000 for a second violation, 24 and $2,000 for a third or subsequent violation. Injunctive 25 relief for violations of the bill may be sought by an aggrieved 26 person, a county attorney, or the attorney general. The fine, 27 court costs, and criminal penalty surcharge assessed under the 28 bill are distributed as provided in Code section 602.8108. 29 -2- LSB 5567HH (5) 87 je/rj 2/ 2