House File 502 - Introduced HOUSE FILE 502 BY ANDERSON A BILL FOR An Act prohibiting employers, employment agencies, landlords, 1 and realtors from seeking the criminal record or criminal 2 history from applicants under certain circumstances and 3 providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2550HH (2) 87 je/rj

H.F. 502 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” or “meeting” includes an interview or 23 meeting conducted by telephone or other means of electronic 24 communication. 25 5. “Landlord” means the owner, lessor, or sublessor of a 26 dwelling unit or the building of which it is a part. “Landlord” 27 includes an agent of a landlord. 28 6. “Realtor” means a person licensed as a real estate 29 broker, broker associate, or salesperson as defined in section 30 543B.3 or 543B.5. “Realtor” includes an agent of a realtor. 31 Sec. 2. NEW SECTION . 735.2 Criminal record or criminal 32 history —— inquiry or required disclosure prohibited. 33 Unless otherwise specifically required by law: 34 1. An employer or employment agency shall not inquire 35 -1- LSB 2550HH (2) 87 je/rj 1/ 3

H.F. 502 about or require disclosure of the criminal record or criminal 1 history of an applicant for employment until after the 2 applicant has been interviewed, but may do so before an offer 3 of employment is made. 4 2. A landlord shall not inquire about or require disclosure 5 of the criminal record or criminal history of a prospective 6 tenant until after a meeting with the prospective tenant has 7 been conducted, but may do so before an offer of tenancy is 8 made. 9 3. A realtor shall not inquire about or require disclosure 10 of the criminal record or criminal history of a prospective 11 buyer of real estate until after a meeting with the prospective 12 buyer has been conducted, but may do so before an offer of sale 13 is made. 14 Sec. 3. NEW SECTION . 735.3 Penalty —— injunctive relief. 15 1. A person who violates section 735.2 commits a scheduled 16 violation under section 805.8C, subsection 11. 17 2. When a person commits or proposes to commit an act 18 in violation of section 735.2, an injunction may be granted 19 through an action in district court to prohibit the person from 20 continuing such acts. The action for injunctive relief may 21 be brought by an aggrieved person, a county attorney, or the 22 attorney general. 23 Sec. 4. Section 805.8C, Code 2017, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 11. Criminal record or criminal history 26 violations. For violations of section 735.2, the scheduled fine 27 is five hundred dollars for a first violation, one thousand 28 dollars for a second violation, and two thousand dollars for a 29 third or subsequent violation. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill prohibits an employer or employment agency from 34 inquiring about or requiring disclosure of the criminal record 35 -2- LSB 2550HH (2) 87 je/rj 2/ 3

H.F. 502 or criminal history of an applicant for employment until after 1 the applicant has been interviewed, but permits an employer or 2 employment agency to do so before an offer of employment is 3 made. 4 The bill prohibits a landlord from inquiring about or 5 requiring disclosure of the criminal record or criminal 6 history of a prospective tenant until after a meeting with the 7 prospective tenant has been conducted, but permits a landlord 8 to do so before an offer of tenancy is made. 9 The bill prohibits a realtor from inquiring about or 10 requiring disclosure of the criminal record or criminal history 11 of a prospective buyer of real estate until after a meeting 12 with the prospective buyer has been conducted, but permits a 13 realtor to do so before an offer of sale is made. 14 The penalty for a violation of the bill is a scheduled fine 15 of $500 for a first violation, $1,000 for a second violation, 16 and $2,000 for a third or subsequent violation. Injunctive 17 relief for violations of the bill may be sought by an aggrieved 18 person, a county attorney, or the attorney general. 19 -3- LSB 2550HH (2) 87 je/rj 3/ 3