Bill Text: IA HF64 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act prohibiting employers and employment agencies from seeking the criminal record or criminal history from applicants for employment under certain circumstances, establishing a criminal history employment application task force, providing penalties, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2020-01-22 - Subcommittee reassigned: Upmeyer, Dolecheck and Hunter. H.J. 121. [HF64 Detail]
Download: Iowa-2019-HF64-Introduced.html
House
File
64
-
Introduced
HOUSE
FILE
64
BY
HUNTER
,
STAED
,
STECKMAN
,
MASCHER
,
KURTZ
,
LENSING
,
and
WESSEL-KROESCHELL
A
BILL
FOR
An
Act
prohibiting
employers
and
employment
agencies
from
1
seeking
the
criminal
record
or
criminal
history
from
2
applicants
for
employment
under
certain
circumstances,
3
establishing
a
criminal
history
employment
application
task
4
force,
providing
penalties,
and
including
effective
date
5
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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DIVISION
I
1
PROHIBITED
HIRING
PRACTICES
——
CRIMINAL
RECORD
OR
CRIMINAL
2
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
an
21
employer
or
with
or
through
an
employment
agency.
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.
“Employer”
means
a
person
who
has
four
or
more
employees
3
in
the
current
or
preceding
calendar
year
and
includes
an
agent
4
of
such
a
person.
For
purposes
of
this
chapter,
individuals
5
who
are
members
of
the
employer’s
family
shall
not
be
counted
6
as
employees.
7
5.
“Employment
agency”
means
a
person
who,
with
or
without
8
compensation,
regularly
brings
together
those
desiring
to
9
employ
and
those
desiring
employment
and
includes
an
agent
of
10
such
a
person.
11
Sec.
5.
NEW
SECTION
.
91F.3
Prohibited
hiring
practices
——
12
exceptions.
13
1.
An
employer
or
employment
agency
shall
not
inquire
14
about
or
require
disclosure
of
the
criminal
record
or
criminal
15
history
of
an
applicant
until
the
applicant’s
interview
is
16
being
conducted
or,
if
an
interview
will
not
be
conducted,
17
until
after
a
conditional
offer
of
employment
is
made
to
the
18
applicant
by
the
employer
or
employment
agency.
19
2.
Subsection
1
does
not
apply
to
the
following
positions
20
if
an
employer
or
employment
agency
establishes
a
separate
21
application
form
for
such
positions
that
includes
the
title
and
22
job
description
of
the
position,
the
specific
state
or
federal
23
law
or
bonding
requirement
that
applies
to
the
position,
and
24
the
types
of
criminal
offenses
that
would
preclude
an
applicant
25
from
being
hired
for
the
position:
26
a.
Positions
where
employers
are
required
to
exclude
27
applicants
with
certain
criminal
convictions
from
employment
28
due
to
federal
or
state
law.
29
b.
Positions
where
a
fidelity
bond
or
an
equivalent
bond
is
30
required
and
an
applicant’s
conviction
of
one
or
more
specified
31
criminal
offenses
would
disqualify
the
applicant
from
obtaining
32
such
bond,
in
which
case
an
employer
may
include
a
question
or
33
otherwise
inquire
whether
the
applicant
has
ever
been
convicted
34
of
such
specified
criminal
offenses.
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3.
Subsection
1
does
not
prohibit
an
employer
or
employment
1
agency
from
notifying
applicants
in
writing
of
specific
2
offenses
that
will
disqualify
an
applicant
from
employment
in
a
3
particular
position
as
permitted
by
subsection
2.
4
4.
Subsection
1
does
not
apply
to
the
following
positions:
5
a.
Positions
where
an
employee
will
work
within
the
6
residence
of
the
employer
if
the
employer
or
members
of
the
7
employer’s
family
reside
therein
during
such
employment.
8
b.
Positions
where
an
employee
will
have
entry
access
to
a
9
personal
residence
or
an
occupied
unit
in
a
multiple
housing
10
structure.
11
c.
Positions
where
an
employee
will
render
personal
service
12
to
the
person
of
the
employer
or
members
of
the
employer’s
13
family.
14
5.
An
employment
agency
shall
not
be
liable
for
a
violation
15
of
subsection
1
if
the
employment
agency
can
demonstrate
by
16
clear
and
convincing
evidence
that
such
violation
was
caused
by
17
the
employment
agency’s
good-faith
reliance
on
an
affirmative
18
representation
by
an
employer
that
one
of
the
exceptions
listed
19
in
subsection
2
or
4
applied
to
the
position
in
question.
The
20
employer
shall
be
liable
for
any
such
violations.
21
Sec.
6.
NEW
SECTION
.
91F.4
Powers
and
duties
of
the
22
commissioner.
23
1.
The
commissioner
may
hold
hearings
and
investigate
24
alleged
violations
of
this
chapter
by
an
employer
or
employment
25
agency.
26
2.
The
commissioner
may
assess
and
recover
civil
penalties
27
in
accordance
with
sections
91F.5
and
91F.6.
28
3.
The
commissioner
shall
adopt
rules
pursuant
to
chapter
29
17A
to
administer
this
chapter.
30
Sec.
7.
NEW
SECTION
.
91F.5
Civil
penalties
——
amount.
31
An
employer
or
employment
agency
who
violates
the
provisions
32
of
this
chapter
shall
be
subject
to
a
penalty
as
follows:
33
1.
For
a
first
violation,
the
commissioner
shall
issue
34
a
written
warning
to
the
employer
or
employment
agency
that
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includes
notice
regarding
penalties
for
subsequent
violations
1
and
the
employer
or
employment
agency
shall
have
thirty
days
2
to
remedy
the
violation.
3
2.
For
a
second
violation,
or
if
a
previous
violation
is
not
4
remedied
within
thirty
days
of
notice
by
the
commissioner,
the
5
commissioner
may
impose
a
civil
penalty
of
up
to
five
hundred
6
dollars.
7
3.
For
a
third
violation,
or
if
a
previous
violation
is
not
8
remedied
within
sixty
days
of
notice
by
the
commissioner,
the
9
commissioner
may
impose
a
civil
penalty
of
up
to
one
thousand
10
five
hundred
dollars.
11
4.
For
subsequent
violations,
or
if
a
previous
violation
is
12
not
remedied
within
ninety
days
of
notice
by
the
commissioner,
13
the
commissioner
may
impose
a
civil
penalty
of
up
to
one
14
thousand
five
hundred
dollars
for
every
thirty
days
that
pass
15
thereafter
without
compliance.
16
Sec.
8.
NEW
SECTION
.
91F.6
Civil
penalties
——
recovery.
17
1.
The
commissioner
may
propose
that
an
employer
be
assessed
18
a
civil
penalty
as
provided
in
section
91F.4
by
serving
the
19
employer
with
notice
of
such
proposal
in
the
same
manner
as
an
20
original
notice
is
served
under
the
rules
of
civil
procedure.
21
Upon
service
of
such
notice,
the
proposed
assessment
shall
be
22
treated
as
a
contested
case
under
chapter
17A.
However,
an
23
employer
or
employment
agency
must
request
a
hearing
within
24
thirty
days
of
being
served.
25
2.
If
an
employer
or
employment
agency
does
not
request
26
a
hearing
pursuant
to
subsection
1
or
if
the
commissioner
27
determines,
after
an
appropriate
hearing,
that
an
employer
28
or
employment
agency
is
in
violation
of
this
chapter,
the
29
commissioner
shall
assess
a
civil
penalty
in
accordance
with
30
section
91F.5.
31
3.
An
employer
or
employment
agency
may
seek
judicial
32
review
of
any
assessment
made
under
subsection
2
by
instituting
33
proceedings
for
judicial
review
pursuant
to
chapter
17A.
34
However,
such
proceedings
must
be
instituted
in
the
district
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court
of
the
county
in
which
the
violation
or
one
of
the
1
violations
occurred
and
within
thirty
days
of
the
day
on
which
2
the
employer
was
notified
that
an
assessment
has
been
made.
3
4.
After
the
time
for
seeking
judicial
review
has
expired
4
or
after
all
judicial
review
has
been
exhausted
and
the
5
commissioner’s
assessment
has
been
upheld,
the
commissioner
6
shall
request
the
attorney
general
to
recover
the
assessed
7
penalties
in
a
civil
action.
8
5.
Civil
penalties
recovered
pursuant
to
this
section
shall
9
be
remitted
by
the
commissioner
to
the
treasurer
of
state
for
10
deposit
in
the
general
fund
of
the
state.
11
Sec.
9.
NEW
SECTION
.
91F.7
Construction.
12
This
chapter
shall
not
be
construed
to
require
an
employer
to
13
employ
an
individual
with
a
criminal
record.
14
Sec.
10.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
15
effect
January
1,
2020.
16
DIVISION
II
17
CRIMINAL
HISTORY
EMPLOYMENT
APPLICATION
TASK
FORCE
18
Sec.
11.
CRIMINAL
HISTORY
EMPLOYMENT
APPLICATION
TASK
FORCE
19
AND
REPORT.
20
1.
A
criminal
history
employment
application
task
force
21
is
created.
The
task
force
shall
consist
of
the
following
22
members:
23
a.
The
labor
commissioner
or
the
labor
commissioner’s
24
designee,
who
shall
represent
public
sector
employers.
25
b.
Two
representatives
of
established
civil
rights
26
and
civil
liberties
organizations
appointed
by
the
labor
27
commissioner.
28
c.
Two
representatives
of
private
sector
employers
29
appointed
by
the
labor
commissioner.
30
d.
One
representative
of
a
private
sector
labor
31
organization
appointed
by
the
labor
commissioner.
32
e.
One
representative
of
a
statewide
public
sector
labor
33
organization
appointed
by
the
labor
commissioner.
34
2.
The
task
force
shall
study
appropriate
voluntary
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standards
and
procedures
for
evaluating
employment
applications
1
from
an
individual
with
a
criminal
history,
including
but
not
2
limited
to
the
nature
of
the
crime,
the
age
at
which
the
crime
3
was
committed,
the
nature
of
the
duties
of
the
position
applied
4
for,
and
relevant
evidence
of
the
individual’s
rehabilitation.
5
3.
The
labor
services
division
of
the
department
of
6
workforce
development
shall
provide
staffing
services
for
the
7
task
force.
The
labor
commissioner
or
the
labor
commissioner’s
8
designee
shall
serve
as
the
chairperson
of
the
task
force.
9
4.
The
members
of
the
task
force
shall
serve
without
10
compensation
and
shall
not
be
reimbursed
for
their
expenses.
11
5.
The
task
force
shall
submit
a
report
regarding
its
12
findings
and
recommendations
to
the
governor
and
the
general
13
assembly
no
later
than
January
1,
2020.
The
report
shall
14
include
a
model
pamphlet
or
other
publication
in
both
printed
15
and
electronic
form
on
evaluating
employment
applications
16
from
individuals
with
criminal
histories
to
be
distributed
to
17
employers
in
Iowa
in
a
manner
similar
to
other
information
18
distributed
by
the
labor
commissioner.
19
Sec.
12.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
20
deemed
of
immediate
importance,
takes
effect
upon
enactment.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
DIVISION
I
——
PROHIBITED
HIRING
PRACTICES
——
CRIMINAL
25
RECORD
OR
CRIMINAL
HISTORY.
Division
I
of
this
bill
prohibits
26
an
employer
or
employment
agency
from
inquiring
about
or
27
requiring
disclosure
of
the
criminal
record
or
criminal
28
history
of
an
applicant
until
the
applicant’s
interview
is
29
being
conducted.
If
an
interview
for
the
position
will
not
be
30
conducted,
the
prohibition
applies
until
after
a
conditional
31
offer
of
employment
is
made
to
the
applicant
by
the
employer
or
32
employment
agency.
33
The
prohibition
does
not
apply
to
certain
positions
listed
34
in
the
division
if
an
employer
or
employment
agency
establishes
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a
separate
application
form
for
such
positions
that
includes
1
certain
information
listed
in
the
division.
The
division
does
2
not
prohibit
an
employer
or
employment
agency
from
notifying
3
applicants
in
writing
of
specific
offenses
that
will
disqualify
4
an
applicant
from
employment
in
a
particular
position
as
5
permitted
by
these
exceptions.
6
The
prohibition
does
not
apply
to
certain
additional
7
positions
listed
in
the
division.
8
An
employment
agency
shall
not
be
liable
for
a
violation
of
9
the
prohibition
if
the
employment
agency
can
demonstrate
by
10
clear
and
convincing
evidence
that
such
violation
was
caused
by
11
the
employment
agency’s
good-faith
reliance
on
an
affirmative
12
representation
by
an
employer
that
one
of
the
exceptions
listed
13
in
the
bill
applied
to
the
position
in
question.
The
employer
14
shall
be
liable
for
any
such
violations.
15
The
division
defines
“applicant”
as
a
person
pursuing
16
employment
with
an
employer
or
with
or
through
an
employment
17
agency.
The
division
defines
“employer”
as
a
person
who
has
18
four
or
more
employees
in
the
current
or
preceding
calendar
19
year
and
an
agent
of
such
a
person,
excluding
family
members.
20
The
division
defines
“employment
agency”
as
a
person
who,
21
with
or
without
compensation,
regularly
brings
together
those
22
desiring
to
employ
and
those
desiring
employment
and
an
agent
23
of
such
a
person.
24
The
division
defines
“criminal
record
or
criminal
history”
25
as
information
collected
or
possessed
by
any
criminal
26
justice
agency
or
judicial
system
in
this
state
or
in
another
27
jurisdiction,
including
a
federal,
military,
tribal,
or
28
foreign
jurisdiction,
concerning
individuals
which
information
29
includes
identifiable
descriptions
and
notations
of
arrests,
30
detentions,
indictments,
or
other
formal
criminal
charges,
31
and
any
disposition
arising
therefrom,
including
acquittal,
32
deferred
judgment,
sentencing,
correctional
supervision,
33
release,
or
conviction,
and
any
sentence
arising
from
a
verdict
34
or
plea
of
guilty
or
nolo
contendere,
including
a
sentence
of
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incarceration,
a
suspended
sentence,
a
sentence
of
probation,
1
or
a
sentence
of
conditional
discharge.
2
An
employer
or
employment
agency
that
violates
the
3
provisions
of
the
division
is
subject
to
civil
penalties
4
ranging
from
a
written
warning
for
a
first
violation
to
up
to
5
$1,500
every
30
days
for
a
fourth
or
subsequent
violation
not
6
remedied
within
90
days.
7
The
labor
commissioner
may
hold
hearings
and
investigate
8
alleged
violations
of
the
division
by
an
employer
or
employment
9
agency,
may
assess
and
recover
civil
penalties
and
seek
10
attorney
general
assistance
in
such
recovery
according
to
the
11
procedural
provisions
of
the
division,
and
shall
adopt
rules
to
12
administer
the
division.
13
The
division
shall
not
be
construed
to
require
an
employer
to
14
employ
an
individual
with
a
criminal
record.
15
The
division
takes
effect
January
1,
2020.
16
DIVISION
II
——
CRIMINAL
HISTORY
EMPLOYMENT
APPLICATION
TASK
17
FORCE.
Division
II
of
the
bill
creates
a
criminal
history
18
employment
application
task
force.
The
task
force
shall
study
19
appropriate
voluntary
standards
and
procedures
for
evaluating
20
employment
applications
from
an
individual
with
a
criminal
21
history,
including
but
not
limited
to
the
nature
of
the
crime,
22
the
age
at
which
the
crime
was
committed,
the
nature
of
the
23
duties
of
the
position
applied
for,
and
relevant
evidence
of
24
the
individual’s
rehabilitation.
25
The
division
lists
the
membership
of
the
task
force.
The
26
labor
commissioner
shall
be
the
chairperson
of
the
task
force
27
and
the
labor
services
division
of
the
department
of
workforce
28
development
shall
provide
staffing
services
for
the
task
force.
29
The
task
force
shall
submit
a
report
regarding
its
findings
30
and
recommendations
to
the
governor
and
the
general
assembly
no
31
later
than
January
1,
2020.
The
report
shall
include
a
model
32
pamphlet
or
other
publication
in
both
printed
and
electronic
33
form
on
evaluating
employment
applications
from
individuals
34
with
criminal
histories
to
be
distributed
to
employers
in
Iowa
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