Bill Text: IA HF502 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act prohibiting employers, employment agencies, landlords, and realtors from seeking the criminal record or criminal history from applicants under certain circumstances and providing penalties.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2017-03-02 - Introduced, referred to Labor. H.J. 501. [HF502 Detail]
Download: Iowa-2017-HF502-Introduced.html
House File 502 - Introduced HOUSE FILE BY ANDERSON A BILL FOR 1 An Act prohibiting employers, employment agencies, landlords, 2 and realtors from seeking the criminal record or criminal 3 history from applicants under certain circumstances and 4 providing penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2550HH (2) 87 je/rj PAG LIN 1 1 Section 1. NEW SECTION. 735.1 Definitions. 1 2 As used in this chapter: 1 3 1. "Criminal record or criminal history" means information 1 4 collected or possessed by any criminal justice agency or 1 5 judicial system in this state or in another jurisdiction, 1 6 including a federal, military, tribal, or foreign jurisdiction, 1 7 concerning individuals which information includes identifiable 1 8 descriptions and notations of arrests, detentions, indictments, 1 9 or other formal criminal charges, and any disposition arising 1 10 therefrom, including acquittal, deferred judgment, sentencing, 1 11 correctional supervision, release, or conviction, and any 1 12 sentence arising from a verdict or plea of guilty or nolo 1 13 contendere, including a sentence of incarceration, a suspended 1 14 sentence, a sentence of probation, or a sentence of conditional 1 15 discharge. 1 16 2. "Employer" means a person who in this state employs for 1 17 wages a natural person. "Employer" includes an agent of an 1 18 employer. 1 19 3. "Employment agency" means a person who, with or without 1 20 compensation, regularly brings together those desiring to 1 21 employ and those desiring employment. "Employment agency" 1 22 includes an agent of an employment agency. 1 23 4. "Interview" or "meeting" includes an interview or 1 24 meeting conducted by telephone or other means of electronic 1 25 communication. 1 26 5. "Landlord" means the owner, lessor, or sublessor of a 1 27 dwelling unit or the building of which it is a part. "Landlord" 1 28 includes an agent of a landlord. 1 29 6. "Realtor" means a person licensed as a real estate 1 30 broker, broker associate, or salesperson as defined in section 1 31 543B.3 or 543B.5. "Realtor" includes an agent of a realtor. 1 32 Sec. 2. NEW SECTION. 735.2 Criminal record or criminal 1 33 history == inquiry or required disclosure prohibited. 1 34 Unless otherwise specifically required by law: 1 35 1. An employer or employment agency shall not inquire 2 1 about or require disclosure of the criminal record or criminal 2 2 history of an applicant for employment until after the 2 3 applicant has been interviewed, but may do so before an offer 2 4 of employment is made. 2 5 2. A landlord shall not inquire about or require disclosure 2 6 of the criminal record or criminal history of a prospective 2 7 tenant until after a meeting with the prospective tenant has 2 8 been conducted, but may do so before an offer of tenancy is 2 9 made. 2 10 3. A realtor shall not inquire about or require disclosure 2 11 of the criminal record or criminal history of a prospective 2 12 buyer of real estate until after a meeting with the prospective 2 13 buyer has been conducted, but may do so before an offer of sale 2 14 is made. 2 15 Sec. 3. NEW SECTION. 735.3 Penalty == injunctive relief. 2 16 1. A person who violates section 735.2 commits a scheduled 2 17 violation under section 805.8C, subsection 11. 2 18 2. When a person commits or proposes to commit an act 2 19 in violation of section 735.2, an injunction may be granted 2 20 through an action in district court to prohibit the person from 2 21 continuing such acts. The action for injunctive relief may 2 22 be brought by an aggrieved person, a county attorney, or the 2 23 attorney general. 2 24 Sec. 4. Section 805.8C, Code 2017, is amended by adding the 2 25 following new subsection: 2 26 NEW SUBSECTION. 11. Criminal record or criminal history 2 27 violations. For violations of section 735.2, the scheduled fine 2 28 is five hundred dollars for a first violation, one thousand 2 29 dollars for a second violation, and two thousand dollars for a 2 30 third or subsequent violation. 2 31 EXPLANATION 2 32 The inclusion of this explanation does not constitute agreement with 2 33 the explanation's substance by the members of the general assembly. 2 34 This bill prohibits an employer or employment agency from 2 35 inquiring about or requiring disclosure of the criminal record 3 1 or criminal history of an applicant for employment until after 3 2 the applicant has been interviewed, but permits an employer or 3 3 employment agency to do so before an offer of employment is 3 4 made. 3 5 The bill prohibits a landlord from inquiring about or 3 6 requiring disclosure of the criminal record or criminal 3 7 history of a prospective tenant until after a meeting with the 3 8 prospective tenant has been conducted, but permits a landlord 3 9 to do so before an offer of tenancy is made. 3 10 The bill prohibits a realtor from inquiring about or 3 11 requiring disclosure of the criminal record or criminal history 3 12 of a prospective buyer of real estate until after a meeting 3 13 with the prospective buyer has been conducted, but permits a 3 14 realtor to do so before an offer of sale is made. 3 15 The penalty for a violation of the bill is a scheduled fine 3 16 of $500 for a first violation, $1,000 for a second violation, 3 17 and $2,000 for a third or subsequent violation. Injunctive 3 18 relief for violations of the bill may be sought by an aggrieved 3 19 person, a county attorney, or the attorney general. LSB 2550HH (2) 87 je/rj
