Print
House File 650 - IntroducedA Bill ForAn Act 1relating to the liability of private employers, general
2contractors, and premises owners for negligently hiring
3employees, agents, or independent contractors convicted of
4a 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 an employee, agent, or independent contractor
3convicted of a public offense.
41. A cause of action shall not be brought against a private
5employer, general contractor, or premises owner for negligently
6hiring an employee, agent, or independent contractor, based
7solely on evidence that the employee, agent, or independent
8contractor has been convicted of a public offense as defined
9in 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 based on evidence that the employee, agent, or
18independent contractor has been convicted of a public offense
19as defined in section 701.2, if all of the following criteria
20are met:
21a. The private employer, general contractor, or premises
22owner knew or should have known of the conviction.
23b. The employee, agent, or independent contractor was
24convicted of any of the following:
25(1) A public offense that was committed while performing
26duties substantially similar to those reasonably expected to
27be performed in the employment or under the relationship or
28contract, or under conditions substantially similar to those
29reasonably expected to be encountered in the employment or
30under the relationship or contract, taking into consideration
31all of the following factors:
32(a) The nature and seriousness of the public offense.
33(b) The extent and nature of the employee, agent, or
34independent contractor’s past criminal activity.
35(c) The age of the employee, agent, or independent
-1-1contractor when the public offense was committed.
2(d) The amount of time that has elapsed since the employee,
3agent, or independent contractor’s last criminal activity.
4(2) A sexually violent offense as defined in section 229A.2.
5(3) The offense of murder in the first degree under section
6707.2.
7(4) The offense of murder in the second degree under section
8707.3.
9(5) The offense of kidnapping in the first degree under
10section 710.2.
11(6) The offense of robbery in the first degree under section
12711.2.
13(7) An offense committed on certain real property for which
14an enhanced penalty was received under section 124.401A or
15124.401B.
16(8) A felony offense where the employee, agent, or
17independent contractor used or exhibited a dangerous weapon as
18defined in section 702.7 during the commission of or during
19immediate flight from the scene of the felony offense, or
20where the employee, agent, or independent contractor used or
21exhibited the dangerous weapon or was a party to the felony
22offense and knew that a dangerous weapon would be used or
23exhibited.
242. The protections provided to a private employer, general
25contractor, or premises owner under this chapter do not apply
26in a suit concerning the misuse of funds or property of a
27person other than the employer, general contractor, or premises
28owner, by an employee, agent, or independent contractor if, on
29the date the employee, agent, or independent contractor was
30hired, the employee, agent, or independent contractor had been
31convicted of a public offense that included fraud or the misuse
32of funds or property as an element of the public offense, and
33it was foreseeable that the position for which the employee,
34agent, or independent contractor was hired would involve
35discharging a fiduciary responsibility in the management of
-2-1funds or property.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill relates to the cause of action of negligent hiring.
6The bill does not expand or create any other causes of action.
7Under current law, the tort of negligent hiring allow a
8person injured by an employee to sue the employee’s employer
9even though the act was committed outside the scope of the
10employment due to some fault resting with the employer for
11hiring the employee.
12The bill provides that the cause of action of negligent
13hiring shall not be brought against a private employer, general
14contractor, or premises owner based solely on evidence that the
15employee, agent, or independent contractor has been convicted
16of a public offense. However, the bill does not preclude
17causes of action for negligent hiring of an employee, agent,
18or independent contractor, if two criteria are met. First,
19the private employer, general contractor, or premises owner
20knew or should have known of the conviction; and second, the
21employee, agent, or independent contractor was convicted of a
22public offense enumerated in the bill or a public offense that
23was committed while performing duties substantially similar to
24those reasonably expected to be performed in the employment,
25or under the relationship or contract, or under conditions
26substantially similar to those reasonably expected to be
27encountered in the employment or the relationship or contract,
28taking into consideration enumerated factors set forth in the
29bill.
30The bill provides that the protections provided to a private
31employer, general contractor, or premises owner do not apply
32in a suit concerning the misuse of funds or property of a
33person other than the employer, general contractor, or premises
34owner, by an employee, agent, or independent contractor if, on
35the date the employee, agent, or independent contractor was
-3-1hired, the employee, agent, or independent contractor had been
2convicted of a public offense that included fraud or the misuse
3of funds or property as an element of the public offense, and
4it was foreseeable that the position for which the employee,
5agent, or independent contractor was hired would involve
6discharging a fiduciary responsibility in the management of
7funds or property.
8The bill does not apply to the employment of prisoners at
9prisons.
-4-asf/jh
2contractors, and premises owners for negligently hiring
3employees, agents, or independent contractors convicted of
4a 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 an employee, agent, or independent contractor
3convicted of a public offense.
41. A cause of action shall not be brought against a private
5employer, general contractor, or premises owner for negligently
6hiring an employee, agent, or independent contractor, based
7solely on evidence that the employee, agent, or independent
8contractor has been convicted of a public offense as defined
9in 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 based on evidence that the employee, agent, or
18independent contractor has been convicted of a public offense
19as defined in section 701.2, if all of the following criteria
20are met:
21a. The private employer, general contractor, or premises
22owner knew or should have known of the conviction.
23b. The employee, agent, or independent contractor was
24convicted of any of the following:
25(1) A public offense that was committed while performing
26duties substantially similar to those reasonably expected to
27be performed in the employment or under the relationship or
28contract, or under conditions substantially similar to those
29reasonably expected to be encountered in the employment or
30under the relationship or contract, taking into consideration
31all of the following factors:
32(a) The nature and seriousness of the public offense.
33(b) The extent and nature of the employee, agent, or
34independent contractor’s past criminal activity.
35(c) The age of the employee, agent, or independent
-1-1contractor when the public offense was committed.
2(d) The amount of time that has elapsed since the employee,
3agent, or independent contractor’s last criminal activity.
4(2) A sexually violent offense as defined in section 229A.2.
5(3) The offense of murder in the first degree under section
6707.2.
7(4) The offense of murder in the second degree under section
8707.3.
9(5) The offense of kidnapping in the first degree under
10section 710.2.
11(6) The offense of robbery in the first degree under section
12711.2.
13(7) An offense committed on certain real property for which
14an enhanced penalty was received under section 124.401A or
15124.401B.
16(8) A felony offense where the employee, agent, or
17independent contractor used or exhibited a dangerous weapon as
18defined in section 702.7 during the commission of or during
19immediate flight from the scene of the felony offense, or
20where the employee, agent, or independent contractor used or
21exhibited the dangerous weapon or was a party to the felony
22offense and knew that a dangerous weapon would be used or
23exhibited.
242. The protections provided to a private employer, general
25contractor, or premises owner under this chapter do not apply
26in a suit concerning the misuse of funds or property of a
27person other than the employer, general contractor, or premises
28owner, by an employee, agent, or independent contractor if, on
29the date the employee, agent, or independent contractor was
30hired, the employee, agent, or independent contractor had been
31convicted of a public offense that included fraud or the misuse
32of funds or property as an element of the public offense, and
33it was foreseeable that the position for which the employee,
34agent, or independent contractor was hired would involve
35discharging a fiduciary responsibility in the management of
-2-1funds or property.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill relates to the cause of action of negligent hiring.
6The bill does not expand or create any other causes of action.
7Under current law, the tort of negligent hiring allow a
8person injured by an employee to sue the employee’s employer
9even though the act was committed outside the scope of the
10employment due to some fault resting with the employer for
11hiring the employee.
12The bill provides that the cause of action of negligent
13hiring shall not be brought against a private employer, general
14contractor, or premises owner based solely on evidence that the
15employee, agent, or independent contractor has been convicted
16of a public offense. However, the bill does not preclude
17causes of action for negligent hiring of an employee, agent,
18or independent contractor, if two criteria are met. First,
19the private employer, general contractor, or premises owner
20knew or should have known of the conviction; and second, the
21employee, agent, or independent contractor was convicted of a
22public offense enumerated in the bill or a public offense that
23was committed while performing duties substantially similar to
24those reasonably expected to be performed in the employment,
25or under the relationship or contract, or under conditions
26substantially similar to those reasonably expected to be
27encountered in the employment or the relationship or contract,
28taking into consideration enumerated factors set forth in the
29bill.
30The bill provides that the protections provided to a private
31employer, general contractor, or premises owner do not apply
32in a suit concerning the misuse of funds or property of a
33person other than the employer, general contractor, or premises
34owner, by an employee, agent, or independent contractor if, on
35the date the employee, agent, or independent contractor was
-3-1hired, the employee, agent, or independent contractor had been
2convicted of a public offense that included fraud or the misuse
3of funds or property as an element of the public offense, and
4it was foreseeable that the position for which the employee,
5agent, or independent contractor was hired would involve
6discharging a fiduciary responsibility in the management of
7funds or property.
8The bill does not apply to the employment of prisoners at
9prisons.
-4-asf/jh