Kathy A. Bolten

kbolten@dmreg.com

Iowa employers could no longer ask most prospective employees if they have a criminal record until the interview stage of the application process, under a bill approved on a party-line vote Tuesday by the Iowa Senate Judiciary Committee.

The so-called ban-the-box legislation is supported by the Iowa-Nebraska NAACP State Area Conference, which represents more than 30 local units. The NAACP and members of other groups believe that black people are disproportionately affected by the question on job applications that asks whether an applicant has a criminal conviction or arrest.

Senate File 84 would prohibit the question from being asked on applications for most positions and establishes penalties of up to $1,500 for violations.

“The bill does not tell an employer who they can or cannot hire,” said Sen. Herman Quirmbach, D-Ames. “It does not say that anybody has to hire anybody who has been in trouble with the law. The hiring decision remains squarely in the hands of the employer.”

Iowa Workforce Development officials have said Iowans with felony records, particularly minorities, represent one of the state’s biggest pools of untapped labor.

Nineteen states and 100 cities and counties have adopted ban-the-box policies, according to the New York-based National Employment Law Project.

The bill can be debated by the full Senate after the Judiciary Committee passed it on a 7-5 vote. Democrats on the committee voted for the bill; Republicans voted against it.

Sen. Julian Garrett, R-Indianola, said the proposed legislation would be detrimental to small businesses.

“This is throwing up more red tape and paperwork for small businesses to have to comply with,” Garrett said. “It just throws up a lot of new requirements, it seems to me, that we just shouldn’t be putting on our small businesses.”

Quirmbach emphasized that employers would still be able to ask applicants about their criminal background. The question just couldn’t be included on job applications for most jobs. The ban would not apply to positions in which state or federal laws prohibit people with criminal backgrounds from holding.

The bill is supported by several groups, including South Central Iowa Federation of Labor, Iowa Association of Justice and League of Women Voters of Iowa.

Master Builders of Iowa and Home Builders Association of Iowa oppose the legislation.

Sen. Rich Taylor, who worked at the Iowa State Penitentiary for more than two decades, said most offenders are good people who deserve a second chance.

“If that box is on (a job application) and they’re honest and mark it, they’re out the door,” the Democrat from Mount Pleasant said. “They are good people — not just somebody who should be thrown away.”

Also Tuesday, the Senate Judiciary Committee unanimously approved Senate File 3104, which would reduce the amount of “good time” violent, repeat offenders could earn while in prison. The bill also would require offenders accused of domestic violence but who plead guilty to lesser charges to participate in a batterers’ treatment program.

The committee approved an amendment that would requires GPS tracking for some offenders placed on probation, parole or work release. The amendment also requires a risk assessment as part of a pre-sentence investigation for some domestic violence and stalking crimes.

Editor's note: The above article was updated on Feb. 17, 2016 to reflect specifically when a job applicant could be asked whether they have a criminal history.

Bradshaw appointment goes to Senate

Several members of the Iowa Senate Judiciary Committee recently met with Judy Bradshaw, who last year was appointed director of the Iowa Law Enforcement Academy after the Legislature adjourned.

Sen. Janet Petersen, D-Des Moines, said Bradshaw was doing “a great job” and recommended the full Senate approve her appointment.

Committee members unanimously approved the recommendation.

The academy’s previous director, Arlan Ciechanowski, retired after his appointment to a four-year term wasn't approved by the Iowa Senate last year. Gov. Terry Branstad withdrew Ciechanowski's appointment after Democrats raised questions about his management of the academy.

Bradshaw previously was the academy’s assistant director, a position for which she was hired after she retired as Des Moines’ police chief.