Bill Text: IA SSB1125 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act prohibiting employers from refusing to hire job applicants based on certain criminal history and providing penalties.
Spectrum: Unknown
Status: (N/A - Dead) 0000-00-00 - Judiciary: Hogg Chair,Petersen, and Schneider. [SSB1125 Detail]
Download: Iowa-2013-SSB1125-Introduced.html
Senate
Study
Bill
1125
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
prohibiting
employers
from
refusing
to
hire
job
1
applicants
based
on
certain
criminal
history
and
providing
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
84A.5,
subsection
4,
Code
2013,
is
1
amended
to
read
as
follows:
2
4.
The
division
of
labor
services
is
responsible
for
the
3
administration
of
the
laws
of
this
state
under
chapters
88
,
4
88A
,
88B
,
89
,
89A
,
89B
,
90A
,
91
,
91A
,
91C
,
91D
,
91E
,
91F,
92
,
5
and
94A
,
and
section
85.68
.
The
executive
head
of
the
division
6
is
the
labor
commissioner,
appointed
pursuant
to
section
91.2
.
7
Sec.
2.
Section
91.4,
subsection
2,
Code
2013,
is
amended
8
to
read
as
follows:
9
2.
The
director
of
the
department
of
workforce
development,
10
in
consultation
with
the
labor
commissioner,
shall,
at
the
11
time
provided
by
law,
make
an
annual
report
to
the
governor
12
setting
forth
in
appropriate
form
the
business
and
expense
of
13
the
division
of
labor
services
for
the
preceding
year,
the
14
number
of
remedial
actions
taken
under
chapter
89A
,
the
number
15
of
disputes
or
violations
processed
by
the
division
and
the
16
disposition
of
the
disputes
or
violations,
and
other
matters
17
pertaining
to
the
division
which
are
of
public
interest,
18
together
with
recommendations
for
change
or
amendment
of
the
19
laws
in
this
chapter
and
chapters
88
,
88A
,
88B
,
89
,
89A
,
89B
,
20
90A
,
91A
,
91C
,
91D
,
91E
,
91F,
92
,
and
94A
,
and
section
85.68
,
21
and
the
recommendations,
if
any,
shall
be
transmitted
by
the
22
governor
to
the
first
general
assembly
in
session
after
the
23
report
is
filed.
24
Sec.
3.
NEW
SECTION
.
91F.1
Definitions.
25
As
used
in
this
chapter:
26
1.
“Arrested”
means
the
same
as
defined
in
section
804.5
and
27
includes
taking
into
custody
pursuant
to
section
232.19.
28
2.
“Commissioner”
means
the
labor
commissioner,
appointed
29
pursuant
to
section
91.2,
or
the
labor
commissioner’s
designee.
30
3.
“Convicted”
means
a
finding
of
guilt,
irrespective
of
31
imposition
or
execution
of
any
sentence;
a
final
and
valid
32
admission
of
guilt
or
a
guilty
plea;
an
entry
of
judgment
of
33
conviction;
an
adjudication
of
delinquency,
including
but
not
34
limited
to
a
juvenile
who
has
been
adjudicated
delinquent,
but
35
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whose
juvenile
court
records
have
been
sealed
under
section
1
232.150;
or
a
plea
of
guilty
or
consent
agreement
related
to
2
a
delinquency
petition;
and
means
any
comparable
offense
for
3
which
a
conviction
has
been
entered
under
prior
law,
or
any
4
comparable
offense
for
which
a
conviction
has
been
entered
in
a
5
state,
federal,
military,
or
foreign
court.
6
Sec.
4.
NEW
SECTION
.
91F.2
Prohibited
hiring
practices.
7
1.
A
person
shall
not
refuse
to
hire
an
applicant
for
8
employment
because
the
applicant
has
been
arrested
for
or
9
convicted
of
a
public
offense
more
than
ten
years
before
the
10
date
of
application
for
employment.
11
2.
A
person
shall
not
directly
or
indirectly
advertise
or
12
in
any
other
manner
indicate
or
publicize
that
an
individual
13
arrested
for
or
convicted
of
a
public
offense
more
than
14
ten
years
before
the
date
of
application
for
employment
is
15
unwelcome,
objectionable,
not
acceptable,
or
not
solicited
for
16
employment.
17
Sec.
5.
NEW
SECTION
.
91F.3
Penalties.
18
A
person
violating
this
chapter
shall
be
guilty
of
a
simple
19
misdemeanor,
and
the
commissioner
shall
assess
a
civil
penalty
20
against
the
person
in
an
amount
not
to
exceed
two
hundred
fifty
21
dollars
for
each
violation.
Civil
penalties
recovered
pursuant
22
to
this
section
shall
be
remitted
by
the
commissioner
to
the
23
treasurer
of
state
for
deposit
in
the
general
fund
of
the
24
state.
25
Sec.
6.
NEW
SECTION
.
91F.4
Rules.
26
The
commissioner
shall
adopt
rules
pursuant
to
chapter
17A
27
to
administer
this
chapter.
28
Sec.
7.
NEW
SECTION
.
91F.5
Inapplicability.
29
1.
This
chapter
does
not
apply
to
a
public
offense
30
the
elements
of
which
are
substantially
related
to
the
31
qualifications
to
perform
the
particular
occupation
for
which
32
an
applicant
is
applying.
33
2.
This
chapter
shall
not
be
construed
to
prohibit
hiring
34
practices
otherwise
required
by
law.
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EXPLANATION
1
This
bill
prohibits
a
person
from
refusing
to
hire
an
2
applicant
for
employment
because
the
applicant
has
been
3
arrested
for
or
convicted
of
a
public
offense
more
than
10
4
years
before
the
date
of
application
for
employment.
The
bill
5
also
prohibits
a
person
from
directly
or
indirectly
advertising
6
or
in
any
other
manner
indicating
or
publicizing
that
an
7
individual
arrested
for
or
convicted
of
a
public
offense
more
8
than
10
years
before
the
date
of
application
for
employment
is
9
unwelcome,
objectionable,
not
acceptable,
or
not
solicited
for
10
employment.
11
The
bill
defines
“arrested”
as
the
same
as
defined
in
Code
12
section
804.5,
the
taking
of
a
person
into
custody
when
and
13
in
the
manner
authorized
by
law,
including
restraint
of
the
14
person
or
the
person’s
submission
to
custody,
as
well
as
taking
15
a
child
into
custody
pursuant
to
Code
section
232.19.
The
16
bill
defines
“convicted”
as
a
finding
of
guilt,
irrespective
17
of
imposition
or
execution
of
any
sentence;
a
final
and
valid
18
admission
of
guilt
or
a
guilty
plea;
an
entry
of
judgment
of
19
conviction;
an
adjudication
of
delinquency,
including
but
not
20
limited
to
a
juvenile
who
has
been
adjudicated
delinquent,
21
but
whose
juvenile
court
records
have
been
sealed
under
Code
22
section
232.150;
or
a
plea
of
guilty
or
consent
agreement
23
related
to
a
delinquency
petition;
and
means
any
comparable
24
offense
for
which
a
conviction
has
been
entered
under
prior
25
law,
or
any
comparable
offense
for
which
a
conviction
has
been
26
entered
in
a
state,
federal,
military,
or
foreign
court.
27
A
person
violating
the
bill
is
guilty
of
a
simple
misdemeanor
28
and
is
subject
to
a
civil
penalty
in
an
amount
not
to
exceed
29
$250
to
be
assessed
by
the
labor
commissioner.
A
simple
30
misdemeanor
is
punishable
by
confinement
for
no
more
than
30
31
days
or
a
fine
of
at
least
$65
but
not
more
than
$625
or
by
32
both.
33
The
labor
commissioner
is
directed
to
adopt
rules
to
34
administer
the
bill.
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The
bill
does
not
apply
to
a
public
offense
the
elements
1
of
which
are
substantially
related
to
the
qualifications
to
2
perform
the
particular
occupation
for
which
an
applicant
is
3
applying.
The
bill
is
not
to
be
construed
to
prohibit
hiring
4
practices
otherwise
required
by
law.
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