House
File
472
-
Introduced
HOUSE
FILE
472
BY
HINSON
and
WOLFE
A
BILL
FOR
An
Act
prohibiting
public
employers
from
seeking
the
criminal
1
record
or
criminal
history
from
applicants
for
employment
2
under
certain
circumstances,
establishing
a
criminal
history
3
employment
application
task
force,
providing
penalties,
and
4
including
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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DIVISION
I
1
PROHIBITED
HIRING
PRACTICES
FOR
PUBLIC
EMPLOYERS
——
CRIMINAL
2
RECORD
OR
CRIMINAL
HISTORY
3
Section
1.
Section
84A.5,
subsection
4,
Code
2019,
is
4
amended
to
read
as
follows:
5
4.
The
division
of
labor
services
is
responsible
for
the
6
administration
of
the
laws
of
this
state
under
chapters
88
,
7
88A
,
88B
,
89
,
89A
,
89B
,
90A
,
91
,
91A
,
91C
,
91D
,
91E
,
91F,
92
,
8
and
94A
,
and
sections
73A.21
and
85.68
.
The
executive
head
of
9
the
division
is
the
labor
commissioner,
appointed
pursuant
to
10
section
91.2
.
11
Sec.
2.
Section
91.4,
subsection
2,
Code
2019,
is
amended
12
to
read
as
follows:
13
2.
The
director
of
the
department
of
workforce
development,
14
in
consultation
with
the
labor
commissioner,
shall,
at
the
15
time
provided
by
law,
make
an
annual
report
to
the
governor
16
setting
forth
in
appropriate
form
the
business
and
expense
of
17
the
division
of
labor
services
for
the
preceding
year,
the
18
number
of
remedial
actions
taken
under
chapter
89A
,
the
number
19
of
disputes
or
violations
processed
by
the
division
and
the
20
disposition
of
the
disputes
or
violations,
and
other
matters
21
pertaining
to
the
division
which
are
of
public
interest,
22
together
with
recommendations
for
change
or
amendment
of
the
23
laws
in
this
chapter
and
chapters
88
,
88A
,
88B
,
89
,
89A
,
89B
,
24
90A
,
91A
,
91C
,
91D
,
91E
,
91F,
92
,
and
94A
,
and
section
85.68
,
25
and
the
recommendations,
if
any,
shall
be
transmitted
by
the
26
governor
to
the
first
general
assembly
in
session
after
the
27
report
is
filed.
28
Sec.
3.
NEW
SECTION
.
91F.1
Declarations
and
purpose.
29
1.
The
general
assembly
declares
that:
30
a.
Removing
obstacles
to
employment
for
individuals
with
31
criminal
records
provides
economic
and
social
opportunities
to
32
a
large
group
of
individuals
in
Iowa,
as
well
as
increasing
the
33
productivity,
health,
and
safety
of
Iowa
communities.
34
b.
Employment
advertisements
in
Iowa
frequently
include
35
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language
regarding
criminal
records
that
is
unrelated
to
the
1
employment
vacancy
and
that
either
explicitly
precludes
or
2
strongly
dissuades
individuals
from
applying
for
employment
for
3
which
they
are
otherwise
qualified.
4
c.
Individuals
with
criminal
records
represent
a
group
of
5
job
seekers
ready
and
able
to
enlarge
and
contribute
to
the
6
workforce.
7
d.
Securing
employment
significantly
reduces
the
risk
of
8
recidivism
for
individuals
with
criminal
records.
9
e.
The
opportunity
for
individuals
with
criminal
records
10
to
secure
employment
or
to
pursue,
practice,
or
engage
in
11
a
meaningful
and
profitable
trade,
occupation,
vocation,
12
profession,
or
business
is
essential
to
rehabilitation
and
13
their
resumption
of
the
responsibilities
of
citizenship.
14
2.
It
is
the
purpose
of
this
chapter
to
improve
the
economic
15
viability,
health,
and
security
of
Iowa
communities
and
to
16
assist
individuals
with
criminal
records
to
reintegrate
into
17
the
community,
become
productive
members
of
the
workforce,
and
18
provide
for
their
families
and
themselves.
19
Sec.
4.
NEW
SECTION
.
91F.2
Definitions.
20
1.
“Applicant”
means
a
person
pursuing
employment
with
a
21
public
employer.
22
2.
“Commissioner”
means
the
labor
commissioner,
appointed
23
pursuant
to
section
91.2,
or
the
labor
commissioner’s
designee.
24
3.
“Criminal
record
or
criminal
history”
means
information
25
collected
or
possessed
by
any
criminal
justice
agency
or
26
judicial
system
in
this
state
or
in
another
jurisdiction,
27
including
a
federal,
military,
tribal,
or
foreign
jurisdiction,
28
concerning
individuals
which
information
includes
identifiable
29
descriptions
and
notations
of
arrests,
detentions,
indictments,
30
or
other
formal
criminal
charges,
and
any
disposition
arising
31
therefrom,
including
acquittal,
deferred
judgment,
sentencing,
32
correctional
supervision,
release,
or
conviction,
and
any
33
sentence
arising
from
a
verdict
or
plea
of
guilty
or
nolo
34
contendere,
including
a
sentence
of
incarceration,
a
suspended
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sentence,
a
sentence
of
probation,
or
a
sentence
of
conditional
1
discharge.
2
4.
“Public
employer”
means
the
state
of
Iowa,
its
boards,
3
commissions,
agencies,
departments,
and
its
political
4
subdivisions
including
school
districts
and
other
special
5
purpose
districts.
6
Sec.
5.
NEW
SECTION
.
91F.3
Prohibited
hiring
practices
for
7
public
employers
——
exceptions.
8
1.
A
public
employer
shall
not
inquire
about
or
require
9
disclosure
of
the
criminal
record
or
criminal
history
of
an
10
applicant
until
the
applicant’s
interview
is
being
conducted
11
or,
if
an
interview
will
not
be
conducted,
until
after
a
12
conditional
offer
of
employment
is
made
to
the
applicant
by
the
13
public
employer.
14
2.
Subsection
1
does
not
apply
to
the
following
positions
15
if
a
public
employer
establishes
a
separate
application
form
16
for
such
positions
that
includes
the
title
and
job
description
17
of
the
position,
the
specific
state
or
federal
law
or
bonding
18
requirement
that
applies
to
the
position,
and
the
types
of
19
criminal
offenses
that
would
preclude
an
applicant
from
being
20
hired
for
the
position:
21
a.
Positions
where
public
employers
are
required
to
exclude
22
applicants
with
certain
criminal
convictions
from
employment
23
due
to
federal
or
state
law.
24
b.
Positions
where
a
fidelity
bond
or
an
equivalent
bond
is
25
required
and
an
applicant’s
conviction
of
one
or
more
specified
26
criminal
offenses
would
disqualify
the
applicant
from
obtaining
27
such
bond,
in
which
case
a
public
employer
may
include
a
28
question
or
otherwise
inquire
whether
the
applicant
has
ever
29
been
convicted
of
such
specified
criminal
offenses.
30
3.
Subsection
1
does
not
prohibit
a
public
employer
from
31
notifying
applicants
in
writing
of
specific
offenses
that
32
will
disqualify
an
applicant
from
employment
in
a
particular
33
position
as
permitted
by
subsection
2.
34
Sec.
6.
NEW
SECTION
.
91F.4
Powers
and
duties
of
the
35
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commissioner.
1
1.
The
commissioner
may
hold
hearings
and
investigate
2
alleged
violations
of
this
chapter
by
a
public
employer.
3
2.
The
commissioner
may
assess
and
recover
civil
penalties
4
in
accordance
with
sections
91F.5
and
91F.6.
5
3.
The
commissioner
shall
adopt
rules
pursuant
to
chapter
6
17A
to
administer
this
chapter.
7
Sec.
7.
NEW
SECTION
.
91F.5
Civil
penalties
——
amount.
8
A
public
employer
who
violates
the
provisions
of
this
9
chapter
shall
be
subject
to
a
penalty
as
follows:
10
1.
For
a
first
violation,
the
commissioner
shall
issue
a
11
written
warning
to
the
public
employer
that
includes
notice
12
regarding
penalties
for
subsequent
violations,
and
the
public
13
employer
shall
have
thirty
days
to
remedy
the
violation.
14
2.
For
a
second
violation,
or
if
a
previous
violation
is
not
15
remedied
within
thirty
days
of
notice
by
the
commissioner,
the
16
commissioner
may
impose
a
civil
penalty
of
up
to
five
hundred
17
dollars.
18
3.
For
a
third
violation,
or
if
a
previous
violation
is
not
19
remedied
within
sixty
days
of
notice
by
the
commissioner,
the
20
commissioner
may
impose
a
civil
penalty
of
up
to
one
thousand
21
five
hundred
dollars.
22
4.
For
subsequent
violations,
or
if
a
previous
violation
is
23
not
remedied
within
ninety
days
of
notice
by
the
commissioner,
24
the
commissioner
may
impose
a
civil
penalty
of
up
to
one
25
thousand
five
hundred
dollars
for
every
thirty
days
that
pass
26
thereafter
without
compliance.
27
Sec.
8.
NEW
SECTION
.
91F.6
Civil
penalties
——
recovery.
28
1.
The
commissioner
may
propose
that
a
public
employer
29
be
assessed
a
civil
penalty
as
provided
in
section
91F.4
by
30
serving
the
public
employer
with
notice
of
such
proposal
in
the
31
same
manner
as
an
original
notice
is
served
under
the
rules
of
32
civil
procedure.
Upon
service
of
such
notice,
the
proposed
33
assessment
shall
be
treated
as
a
contested
case
under
chapter
34
17A.
However,
a
public
employer
must
request
a
hearing
within
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thirty
days
of
being
served.
1
2.
If
a
public
employer
does
not
request
a
hearing
pursuant
2
to
subsection
1
or
if
the
commissioner
determines,
after
an
3
appropriate
hearing,
that
a
public
employer
is
in
violation
of
4
this
chapter,
the
commissioner
shall
assess
a
civil
penalty
in
5
accordance
with
section
91F.5.
6
3.
A
public
employer
may
seek
judicial
review
of
any
7
assessment
made
under
subsection
2
by
instituting
proceedings
8
for
judicial
review
pursuant
to
chapter
17A.
However,
such
9
proceedings
must
be
instituted
in
the
district
court
of
the
10
county
in
which
the
violation
or
one
of
the
violations
occurred
11
and
within
thirty
days
of
the
day
on
which
the
public
employer
12
was
notified
that
an
assessment
has
been
made.
13
4.
After
the
time
for
seeking
judicial
review
has
expired
14
or
after
all
judicial
review
has
been
exhausted
and
the
15
commissioner’s
assessment
has
been
upheld,
the
commissioner
16
shall
request
the
attorney
general
to
recover
the
assessed
17
penalties
in
a
civil
action.
18
5.
Civil
penalties
recovered
pursuant
to
this
section
shall
19
be
remitted
by
the
commissioner
to
the
treasurer
of
state
for
20
deposit
in
the
general
fund
of
the
state.
21
Sec.
9.
NEW
SECTION
.
91F.7
Construction.
22
This
chapter
shall
not
be
construed
to
require
a
public
23
employer
to
employ
an
individual
with
a
criminal
record.
24
Sec.
10.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
25
effect
January
1,
2020.
26
DIVISION
II
27
CRIMINAL
HISTORY
EMPLOYMENT
APPLICATION
TASK
FORCE
28
Sec.
11.
CRIMINAL
HISTORY
EMPLOYMENT
APPLICATION
TASK
FORCE
29
AND
REPORT.
30
1.
A
criminal
history
employment
application
task
force
31
is
created.
The
task
force
shall
consist
of
the
following
32
members:
33
a.
The
labor
commissioner
or
the
labor
commissioner’s
34
designee,
who
shall
represent
public
sector
employers.
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b.
Two
representatives
of
established
civil
rights
1
and
civil
liberties
organizations
appointed
by
the
labor
2
commissioner.
3
c.
Two
representatives
of
public
employers
appointed
by
the
4
labor
commissioner.
5
d.
One
representative
of
a
statewide
public
sector
labor
6
organization
appointed
by
the
labor
commissioner.
7
2.
The
task
force
shall
study
appropriate
voluntary
8
standards
and
procedures
for
evaluating
employment
applications
9
from
an
individual
with
a
criminal
history,
including
but
not
10
limited
to
the
nature
of
the
crime,
the
age
at
which
the
crime
11
was
committed,
the
nature
of
the
duties
of
the
position
applied
12
for,
and
relevant
evidence
of
the
individual’s
rehabilitation.
13
3.
The
labor
services
division
of
the
department
of
14
workforce
development
shall
provide
staffing
services
for
the
15
task
force.
The
labor
commissioner
or
the
labor
commissioner’s
16
designee
shall
serve
as
the
chairperson
of
the
task
force.
17
4.
The
members
of
the
task
force
shall
serve
without
18
compensation
and
shall
not
be
reimbursed
for
their
expenses.
19
5.
The
task
force
shall
submit
a
report
regarding
its
20
findings
and
recommendations
to
the
governor
and
the
general
21
assembly
no
later
than
January
1,
2020.
The
report
shall
22
include
a
model
pamphlet
or
other
publication
in
both
printed
23
and
electronic
form
on
evaluating
employment
applications
from
24
individuals
with
criminal
histories
to
be
distributed
to
public
25
employers
in
Iowa
in
a
manner
similar
to
other
information
26
distributed
by
the
labor
commissioner.
27
Sec.
12.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
28
deemed
of
immediate
importance,
takes
effect
upon
enactment.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
DIVISION
I
——
PROHIBITED
HIRING
PRACTICES
——
CRIMINAL
RECORD
33
OR
CRIMINAL
HISTORY.
Division
I
of
this
bill
prohibits
a
34
public
employer
from
inquiring
about
or
requiring
disclosure
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of
the
criminal
record
or
criminal
history
of
an
applicant
for
1
employment
until
the
applicant’s
interview
is
being
conducted.
2
If
an
interview
for
the
position
will
not
be
conducted,
3
the
prohibition
applies
until
after
a
conditional
offer
of
4
employment
is
made
to
the
applicant
by
the
public
employer.
5
The
prohibition
does
not
apply
to
certain
positions
listed
6
in
the
division
if
a
public
employer
establishes
a
separate
7
application
form
for
such
positions
that
includes
certain
8
information
listed
in
the
division.
The
division
does
not
9
prohibit
a
public
employer
from
notifying
applicants
in
writing
10
of
specific
offenses
that
will
disqualify
an
applicant
from
11
employment
in
a
particular
position
as
permitted
by
these
12
exceptions.
13
The
division
defines
“applicant”
as
a
person
pursuing
14
employment
with
a
public
employer.
The
division
defines
15
“public
employer”
as
the
state
of
Iowa,
its
boards,
16
commissions,
agencies,
departments,
and
its
political
17
subdivisions
including
school
districts
and
other
special
18
purpose
districts.
19
The
division
defines
“criminal
record
or
criminal
history”
20
as
information
collected
or
possessed
by
any
criminal
21
justice
agency
or
judicial
system
in
this
state
or
in
another
22
jurisdiction,
including
a
federal,
military,
tribal,
or
23
foreign
jurisdiction,
concerning
individuals
which
information
24
includes
identifiable
descriptions
and
notations
of
arrests,
25
detentions,
indictments,
or
other
formal
criminal
charges,
26
and
any
disposition
arising
therefrom,
including
acquittal,
27
deferred
judgment,
sentencing,
correctional
supervision,
28
release,
or
conviction,
and
any
sentence
arising
from
a
verdict
29
or
plea
of
guilty
or
nolo
contendere,
including
a
sentence
of
30
incarceration,
a
suspended
sentence,
a
sentence
of
probation,
31
or
a
sentence
of
conditional
discharge.
32
A
public
employer
that
violates
the
provisions
of
the
33
division
is
subject
to
civil
penalties
ranging
from
a
written
34
warning
for
a
first
violation
to
up
to
$1,500
every
30
days
for
35
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472
a
fourth
or
subsequent
violation
not
remedied
within
90
days.
1
The
labor
commissioner
may
hold
hearings
and
investigate
2
alleged
violations
of
the
division
by
a
public
employer,
may
3
assess
and
recover
civil
penalties
and
seek
attorney
general
4
assistance
in
such
recovery
according
to
the
procedural
5
provisions
of
the
division,
and
shall
adopt
rules
to
administer
6
the
division.
7
The
division
shall
not
be
construed
to
require
a
public
8
employer
to
employ
an
individual
with
a
criminal
record.
9
The
division
takes
effect
January
1,
2020.
10
DIVISION
II
——
CRIMINAL
HISTORY
EMPLOYMENT
APPLICATION
TASK
11
FORCE.
Division
II
of
the
bill
creates
a
criminal
history
12
employment
application
task
force.
The
task
force
shall
study
13
appropriate
voluntary
standards
and
procedures
for
evaluating
14
employment
applications
from
an
individual
with
a
criminal
15
history,
including
but
not
limited
to
the
nature
of
the
crime,
16
the
age
at
which
the
crime
was
committed,
the
nature
of
the
17
duties
of
the
position
applied
for,
and
relevant
evidence
of
18
the
individual’s
rehabilitation.
19
The
division
lists
the
membership
of
the
task
force.
The
20
labor
commissioner
shall
be
the
chairperson
of
the
task
force
21
and
the
labor
services
division
of
the
department
of
workforce
22
development
shall
provide
staffing
services
for
the
task
force.
23
The
task
force
shall
submit
a
report
regarding
its
findings
24
and
recommendations
to
the
governor
and
the
general
assembly
no
25
later
than
January
1,
2020.
The
report
shall
include
a
model
26
pamphlet
or
other
publication
in
both
printed
and
electronic
27
form
on
evaluating
employment
applications
from
individuals
28
with
criminal
histories
to
be
distributed
to
public
employers
29
in
Iowa
in
a
manner
similar
to
other
information
distributed
by
30
the
labor
commissioner.
31
The
division
takes
effect
upon
enactment.
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