Senate
File
580
-
Introduced
SENATE
FILE
580
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1220)
(COMPANION
TO
HF
650
BY
COMMITTEE
ON
LABOR)
A
BILL
FOR
An
Act
relating
to
the
liability
of
private
employers,
general
1
contractors,
and
premises
owners
for
negligently
hiring
2
employees,
agents,
or
independent
contractors
convicted
of
3
a
public
offense.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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580
Section
1.
NEW
SECTION
.
671A.1
Limitation
on
liability
for
1
negligently
hiring
an
employee,
agent,
or
independent
contractor
2
convicted
of
a
public
offense.
3
1.
A
cause
of
action
shall
not
be
brought
against
a
private
4
employer,
general
contractor,
or
premises
owner
for
negligently
5
hiring
an
employee,
agent,
or
independent
contractor,
based
6
solely
on
evidence
that
the
employee,
agent,
or
independent
7
contractor
has
been
convicted
of
a
public
offense
as
defined
8
in
section
701.2.
9
2.
This
chapter
does
not
create
a
cause
of
action
or
expand
10
an
existing
cause
of
action.
11
3.
This
chapter
does
not
apply
to
employment
of
prisoners
12
at
prisons.
13
Sec.
2.
NEW
SECTION
.
671A.2
Liability
protection
not
14
applicable.
15
1.
This
chapter
does
not
preclude
a
cause
of
action
for
16
negligent
hiring
based
on
evidence
that
the
employee,
agent,
or
17
independent
contractor
has
been
convicted
of
a
public
offense
18
as
defined
in
section
701.2,
if
all
of
the
following
criteria
19
are
met:
20
a.
The
private
employer,
general
contractor,
or
premises
21
owner
knew
or
should
have
known
of
the
conviction.
22
b.
The
employee,
agent,
or
independent
contractor
was
23
convicted
of
any
of
the
following:
24
(1)
A
public
offense
that
was
committed
while
performing
25
duties
substantially
similar
to
those
reasonably
expected
to
26
be
performed
in
the
employment
or
under
the
relationship
or
27
contract,
or
under
conditions
substantially
similar
to
those
28
reasonably
expected
to
be
encountered
in
the
employment
or
29
under
the
relationship
or
contract,
taking
into
consideration
30
all
of
the
following
factors:
31
(a)
The
nature
and
seriousness
of
the
public
offense.
32
(b)
The
extent
and
nature
of
the
employee,
agent,
or
33
independent
contractor’s
past
criminal
activity.
34
(c)
The
age
of
the
employee,
agent,
or
independent
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580
contractor
when
the
public
offense
was
committed.
1
(d)
The
amount
of
time
that
has
elapsed
since
the
employee,
2
agent,
or
independent
contractor’s
last
criminal
activity.
3
(2)
A
sexually
violent
offense
as
defined
in
section
229A.2.
4
(3)
The
offense
of
murder
in
the
first
degree
under
section
5
707.2.
6
(4)
The
offense
of
murder
in
the
second
degree
under
section
7
707.3.
8
(5)
The
offense
of
kidnapping
in
the
first
degree
under
9
section
710.2.
10
(6)
The
offense
of
robbery
in
the
first
degree
under
section
11
711.2.
12
(7)
An
offense
committed
on
certain
real
property
for
which
13
an
enhanced
penalty
was
received
under
section
124.401A
or
14
124.401B.
15
(8)
A
felony
offense
where
the
employee,
agent,
or
16
independent
contractor
used
or
exhibited
a
dangerous
weapon
as
17
defined
in
section
702.7
during
the
commission
of
or
during
18
immediate
flight
from
the
scene
of
the
felony
offense,
or
19
where
the
employee,
agent,
or
independent
contractor
used
or
20
exhibited
the
dangerous
weapon
or
was
a
party
to
the
felony
21
offense
and
knew
that
a
dangerous
weapon
would
be
used
or
22
exhibited.
23
2.
The
protections
provided
to
a
private
employer,
general
24
contractor,
or
premises
owner
under
this
chapter
do
not
apply
25
in
a
suit
concerning
the
misuse
of
funds
or
property
of
a
26
person
other
than
the
employer,
general
contractor,
or
premises
27
owner,
by
an
employee,
agent,
or
independent
contractor
if,
on
28
the
date
the
employee,
agent,
or
independent
contractor
was
29
hired,
the
employee,
agent,
or
independent
contractor
had
been
30
convicted
of
a
public
offense
that
included
fraud
or
the
misuse
31
of
funds
or
property
as
an
element
of
the
public
offense,
and
32
it
was
foreseeable
that
the
position
for
which
the
employee,
33
agent,
or
independent
contractor
was
hired
would
involve
34
discharging
a
fiduciary
responsibility
in
the
management
of
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funds
or
property.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
the
cause
of
action
of
negligent
hiring.
5
The
bill
does
not
expand
or
create
any
other
causes
of
action.
6
Under
current
law,
the
tort
of
negligent
hiring
allow
a
7
person
injured
by
an
employee
to
sue
the
employee’s
employer
8
even
though
the
act
was
committed
outside
the
scope
of
the
9
employment
due
to
some
fault
resting
with
the
employer
for
10
hiring
the
employee.
11
The
bill
provides
that
the
cause
of
action
of
negligent
12
hiring
shall
not
be
brought
against
a
private
employer,
general
13
contractor,
or
premises
owner
based
solely
on
evidence
that
the
14
employee,
agent,
or
independent
contractor
has
been
convicted
15
of
a
public
offense.
However,
the
bill
does
not
preclude
16
causes
of
action
for
negligent
hiring
of
an
employee,
agent,
17
or
independent
contractor,
if
two
criteria
are
met.
First,
18
the
private
employer,
general
contractor,
or
premises
owner
19
knew
or
should
have
known
of
the
conviction;
and
second,
the
20
employee,
agent,
or
independent
contractor
was
convicted
of
a
21
public
offense
enumerated
in
the
bill
or
a
public
offense
that
22
was
committed
while
performing
duties
substantially
similar
to
23
those
reasonably
expected
to
be
performed
in
the
employment,
24
or
under
the
relationship
or
contract,
or
under
conditions
25
substantially
similar
to
those
reasonably
expected
to
be
26
encountered
in
the
employment
or
the
relationship
or
contract,
27
taking
into
consideration
enumerated
factors
set
forth
in
the
28
bill.
29
The
bill
provides
that
the
protections
provided
to
a
private
30
employer,
general
contractor,
or
premises
owner
do
not
apply
31
in
a
suit
concerning
the
misuse
of
funds
or
property
of
a
32
person
other
than
the
employer,
general
contractor,
or
premises
33
owner,
by
an
employee,
agent,
or
independent
contractor
if,
on
34
the
date
the
employee,
agent,
or
independent
contractor
was
35
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580
hired,
the
employee,
agent,
or
independent
contractor
had
been
1
convicted
of
a
public
offense
that
included
fraud
or
the
misuse
2
of
funds
or
property
as
an
element
of
the
public
offense,
and
3
it
was
foreseeable
that
the
position
for
which
the
employee,
4
agent,
or
independent
contractor
was
hired
would
involve
5
discharging
a
fiduciary
responsibility
in
the
management
of
6
funds
or
property.
7
The
bill
does
not
apply
to
the
employment
of
prisoners
at
8
prisons.
9
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