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House File 471 - IntroducedA Bill ForAn Act 1relating to the liability of private employers, general
2contractors, and premises owners for negligently hiring
3or failing to supervise employees, agents, or independent
4contractors convicted of a public offense.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 671A.1 Limitation on liability for
2negligently hiring or failing to supervise an employee, agent, or
3independent contractor convicted of a public offense.
41. A cause of action shall not be brought against a private
5employer, general contractor, or premises owner solely for
6negligently hiring or failing to adequately supervise an
7employee, agent, or independent contractor, based on evidence
8that the employee, agent, or independent contractor has been
9convicted of a public offense as defined in section 701.2.
102. This chapter does not create a cause of action or expand
11an existing cause of action.
123. This chapter does not apply to employment of prisoners
13at prisons.
14 Sec. 2. NEW SECTION. 671A.2 Liability protection not
15applicable.
161. This chapter does not preclude a cause of action for
17negligent hiring by or the failure of a private employer,
18general contractor, or premises owner to provide adequate
19supervision of an employee, agent, or independent contractor,
20based on evidence that the employee, agent, or independent
21contractor has been convicted of a public offense as defined in
22section 701.2, if all of the following criteria are met:
23a. The private employer, general contractor, or premises
24owner knew or should have known of the conviction.
25b. The employee, agent, or independent contractor was
26convicted of any of the following:
27(1) A public offense that was committed while performing
28duties substantially similar to those reasonably expected to
29be performed in the employment or under the relationship or
30contract, or under conditions substantially similar to those
31reasonably expected to be encountered in the employment or
32under the relationship or contract, taking into consideration
33all of the following factors:
34(a) The nature and seriousness of the public offense.
35(b) The relationship of the public offense to the ability,
-1-1capacity, or fitness required to perform the duties and
2discharge the responsibilities of the employment or the
3relationship or contract.
4(c) The extent and nature of the employee, agent, or
5independent contractor’s past criminal activity.
6(d) The age of the employee, agent, or independent
7contractor when the public offense was committed.
8(e) The amount of time that has elapsed since the employee,
9agent, or independent contractor’s last criminal activity.
10(f) The conduct and work activity of an employee, agent, or
11independent contractor before and after the criminal activity.
12(g) Evidence of the employee, agent, or independent
13contractor’s rehabilitation or rehabilitative effort while
14incarcerated or after release.
15(h) Other evidence of the employee, agent, or independent
16contractor’s fitness, including letters of recommendation from
17any of the following:
18(i) Prosecutors, law enforcement, or correctional officers
19who prosecuted, arrested, or had custodial responsibility for
20the employee, agent, or independent contractor.
21(ii) The sheriff or chief of police in the community where
22the employee, agent, or independent contractor resides.
23(iii) Any other person in contact with the convicted
24employee, agent, or independent contractor.
25(2) A sexually violent offense as defined in section 229A.2.
26(3) The offense of murder in the first degree under section
27707.2.
28(4) The offense of murder in the second degree under section
29707.3.
30(5) The offense of kidnapping in the first degree under
31section 710.2.
32(6) The offense of robbery in the first degree under section
33711.2.
34(7) An offense committed on certain real property for which
35an enhanced penalty was received under section 124.401A or
-2-1124.401B.
2(8) A felony offense where the employee, agent, or
3independent contractor used or exhibited a dangerous weapon as
4defined in section 702.7 during the commission of or during
5immediate flight from the scene of the felony offense, or
6where the employee, agent, or independent contractor used or
7exhibited the dangerous weapon or was a party to the felony
8offense and knew that a dangerous weapon would be used or
9exhibited.
102. The protections provided to a private employer, general
11contractor, or premises owner under this chapter do not apply
12in a suit concerning the misuse of funds or property of a
13person other than the employer, general contractor, or premises
14owner, by an employee, agent, or independent contractor if, on
15the date the employee, agent, or independent contractor was
16hired, the employee, agent, or independent contractor had been
17convicted of a public offense that included fraud or the misuse
18of funds or property as an element of the public offense, and
19it was foreseeable that the position for which the employee,
20agent, or independent contractor was hired would involve
21discharging a fiduciary responsibility in the management of
22funds or property.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill relates to the following causes of actions:
27negligent hiring and failure to adequately supervise. The bill
28does not expand or create any causes of action.
29Under current law, the torts of negligent hiring and
30supervision allow a person injured by an employee to sue the
31employee’s employer even though the act was committed outside
32the scope of the employment due to some fault resting with the
33employer for hiring the employee, or failing to supervise the
34employee.
35The bill provides that the causes of action of negligent
-3-1hiring and negligent supervision shall not be brought against a
2private employer, general contractor, or premises owner solely
3based on evidence that the employee, agent, or independent
4contractor has been convicted of a public offense. However,
5the bill does not preclude causes of action for negligent
6hiring or negligent supervision of an employee, agent, or
7independent contractor, if two criteria are met. First, the
8private employer, general contractor, or premises owner knew or
9should have known of the conviction; and second, the employee,
10agent, or independent contractor was convicted of a public
11offense enumerated in the bill or a public offense that was
12committed while performing duties substantially similar to
13those reasonably expected to be performed in the employment,
14or under the relationship or contract, or under conditions
15substantially similar to those reasonably expected to be
16encountered in the employment or the relationship or contract,
17taking into consideration enumerated factors set forth in the
18bill.
19The bill provides that the protections provided to a private
20employer, general contractor, or premises owner do not apply
21in a suit concerning the misuse of funds or property of a
22person other than the employer, general contractor, or premises
23owner, by an employee, agent, or independent contractor if, on
24the date the employee, agent, or independent contractor was
25hired, the employee, agent, or independent contractor had been
26convicted of a public offense that included fraud or the misuse
27of funds or property as an element of the public offense, and
28it was foreseeable that the position for which the employee,
29agent, or independent contractor was hired would involve
30discharging a fiduciary responsibility in the management of
31funds or property.
32The bill does not apply to the employment of prisoners at
33prisons.
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2contractors, and premises owners for negligently hiring
3or failing to supervise employees, agents, or independent
4contractors convicted of a public offense.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 671A.1 Limitation on liability for
2negligently hiring or failing to supervise an employee, agent, or
3independent contractor convicted of a public offense.
41. A cause of action shall not be brought against a private
5employer, general contractor, or premises owner solely for
6negligently hiring or failing to adequately supervise an
7employee, agent, or independent contractor, based on evidence
8that the employee, agent, or independent contractor has been
9convicted of a public offense as defined in section 701.2.
102. This chapter does not create a cause of action or expand
11an existing cause of action.
123. This chapter does not apply to employment of prisoners
13at prisons.
14 Sec. 2. NEW SECTION. 671A.2 Liability protection not
15applicable.
161. This chapter does not preclude a cause of action for
17negligent hiring by or the failure of a private employer,
18general contractor, or premises owner to provide adequate
19supervision of an employee, agent, or independent contractor,
20based on evidence that the employee, agent, or independent
21contractor has been convicted of a public offense as defined in
22section 701.2, if all of the following criteria are met:
23a. The private employer, general contractor, or premises
24owner knew or should have known of the conviction.
25b. The employee, agent, or independent contractor was
26convicted of any of the following:
27(1) A public offense that was committed while performing
28duties substantially similar to those reasonably expected to
29be performed in the employment or under the relationship or
30contract, or under conditions substantially similar to those
31reasonably expected to be encountered in the employment or
32under the relationship or contract, taking into consideration
33all of the following factors:
34(a) The nature and seriousness of the public offense.
35(b) The relationship of the public offense to the ability,
-1-1capacity, or fitness required to perform the duties and
2discharge the responsibilities of the employment or the
3relationship or contract.
4(c) The extent and nature of the employee, agent, or
5independent contractor’s past criminal activity.
6(d) The age of the employee, agent, or independent
7contractor when the public offense was committed.
8(e) The amount of time that has elapsed since the employee,
9agent, or independent contractor’s last criminal activity.
10(f) The conduct and work activity of an employee, agent, or
11independent contractor before and after the criminal activity.
12(g) Evidence of the employee, agent, or independent
13contractor’s rehabilitation or rehabilitative effort while
14incarcerated or after release.
15(h) Other evidence of the employee, agent, or independent
16contractor’s fitness, including letters of recommendation from
17any of the following:
18(i) Prosecutors, law enforcement, or correctional officers
19who prosecuted, arrested, or had custodial responsibility for
20the employee, agent, or independent contractor.
21(ii) The sheriff or chief of police in the community where
22the employee, agent, or independent contractor resides.
23(iii) Any other person in contact with the convicted
24employee, agent, or independent contractor.
25(2) A sexually violent offense as defined in section 229A.2.
26(3) The offense of murder in the first degree under section
27707.2.
28(4) The offense of murder in the second degree under section
29707.3.
30(5) The offense of kidnapping in the first degree under
31section 710.2.
32(6) The offense of robbery in the first degree under section
33711.2.
34(7) An offense committed on certain real property for which
35an enhanced penalty was received under section 124.401A or
-2-1124.401B.
2(8) A felony offense where the employee, agent, or
3independent contractor used or exhibited a dangerous weapon as
4defined in section 702.7 during the commission of or during
5immediate flight from the scene of the felony offense, or
6where the employee, agent, or independent contractor used or
7exhibited the dangerous weapon or was a party to the felony
8offense and knew that a dangerous weapon would be used or
9exhibited.
102. The protections provided to a private employer, general
11contractor, or premises owner under this chapter do not apply
12in a suit concerning the misuse of funds or property of a
13person other than the employer, general contractor, or premises
14owner, by an employee, agent, or independent contractor if, on
15the date the employee, agent, or independent contractor was
16hired, the employee, agent, or independent contractor had been
17convicted of a public offense that included fraud or the misuse
18of funds or property as an element of the public offense, and
19it was foreseeable that the position for which the employee,
20agent, or independent contractor was hired would involve
21discharging a fiduciary responsibility in the management of
22funds or property.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill relates to the following causes of actions:
27negligent hiring and failure to adequately supervise. The bill
28does not expand or create any causes of action.
29Under current law, the torts of negligent hiring and
30supervision allow a person injured by an employee to sue the
31employee’s employer even though the act was committed outside
32the scope of the employment due to some fault resting with the
33employer for hiring the employee, or failing to supervise the
34employee.
35The bill provides that the causes of action of negligent
-3-1hiring and negligent supervision shall not be brought against a
2private employer, general contractor, or premises owner solely
3based on evidence that the employee, agent, or independent
4contractor has been convicted of a public offense. However,
5the bill does not preclude causes of action for negligent
6hiring or negligent supervision of an employee, agent, or
7independent contractor, if two criteria are met. First, the
8private employer, general contractor, or premises owner knew or
9should have known of the conviction; and second, the employee,
10agent, or independent contractor was convicted of a public
11offense enumerated in the bill or a public offense that was
12committed while performing duties substantially similar to
13those reasonably expected to be performed in the employment,
14or under the relationship or contract, or under conditions
15substantially similar to those reasonably expected to be
16encountered in the employment or the relationship or contract,
17taking into consideration enumerated factors set forth in the
18bill.
19The bill provides that the protections provided to a private
20employer, general contractor, or premises owner do not apply
21in a suit concerning the misuse of funds or property of a
22person other than the employer, general contractor, or premises
23owner, by an employee, agent, or independent contractor if, on
24the date the employee, agent, or independent contractor was
25hired, the employee, agent, or independent contractor had been
26convicted of a public offense that included fraud or the misuse
27of funds or property as an element of the public offense, and
28it was foreseeable that the position for which the employee,
29agent, or independent contractor was hired would involve
30discharging a fiduciary responsibility in the management of
31funds or property.
32The bill does not apply to the employment of prisoners at
33prisons.
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