House File 650 - Reprinted HOUSE FILE 650 BY COMMITTEE ON LABOR (SUCCESSOR TO HF 471) (As Amended and Passed by the House March 14, 2019 ) 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 HF 650 (3) 88 asf/jh/md

H.F. 650 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 35 -1- HF 650 (3) 88 asf/jh/md 1/ 3

H.F. 650 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 dependent adult abuse as provided for 5 under section 235B.20. 6 (4) The offense of murder in the first degree under section 7 707.2. 8 (5) The offense of murder in the second degree under section 9 707.3. 10 (6) The offense of assault as defined in section 708.1 that 11 is a felony under section 708.2. 12 (7) The offense of domestic abuse assault as defined in 13 section 708.2A. 14 (8) The offense of kidnapping in the first degree under 15 section 710.2. 16 (9) The offense of robbery in the first degree under section 17 711.2. 18 (10) An offense committed on certain real property for 19 which an enhanced penalty was received under section 124.401A 20 or 124.401B. 21 (11) A felony offense where the employee, agent, or 22 independent contractor used or exhibited a dangerous weapon as 23 defined in section 702.7 during the commission of or during 24 immediate flight from the scene of the felony offense, or 25 where the employee, agent, or independent contractor used or 26 exhibited the dangerous weapon or was a party to the felony 27 offense and knew that a dangerous weapon would be used or 28 exhibited. 29 2. The protections provided to a private employer, general 30 contractor, or premises owner under this chapter 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 -2- HF 650 (3) 88 asf/jh/md 2/ 3

H.F. 650 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 -3- HF 650 (3) 88 asf/jh/md 3/ 3