Bills › 88th General Assembly
Relating to the liability of private employers, general contractors, and premises owners for negligently hiring or failing to supervise employees, agents, or independent contractors convicted of a public offense
Topics:Jobs & workers
Where it is now
- Done: IntroducedFebruary 21, 2019
- Done: SubcommitteeFebruary 25, 2019
- Done: House committeeMarch 5, 2019
- Done: Passes the HouseMarch 14, 2019
- Done: Senate committeeApril 4, 2019
- Done: Passes the SenateApril 8, 201950–0
- Done: To the GovernorApril 17, 2019
- Done: Signed into lawApril 17, 2019
HF 650 became law → The same legislation passed as HF 650, so this version was set aside. Go to HF 650 What’s a funnel?
What’s in it
This bill relates to the following causes of actions: negligent hiring and failure to adequately supervise. The bill does not expand or create any causes of action. Under current law, the torts of negligent hiring and supervision allow a person injured by an employee to sue the employee’s employer even though the act was committed outside the scope of the employment due to some fault resting with the employer for hiring the employee, or failing to supervise the employee. The bill provides that the causes of action of negligent hiring and negligent supervision shall not be brought against a private employer, general contractor, or premises owner solely based on evidence that the employee, agent, or independent contractor has been convicted of a public offense.
Read the full explanation
However, the bill does not preclude causes of action for negligent hiring or negligent supervision of an employee, agent, or independent contractor, if two criteria are met. First, the private employer, general contractor, or premises owner knew or should have known of the conviction; and second, the employee, agent, or independent contractor was convicted of a public offense enumerated in the bill or a public offense that was committed while performing duties substantially similar to those reasonably expected to be performed in the employment, or under the relationship or contract, or under conditions substantially similar to those reasonably expected to be encountered in the employment or the relationship or contract, taking into consideration enumerated factors set forth in the bill. The bill provides that the protections provided to a private employer, general contractor, or premises owner do not apply in a suit concerning the misuse of funds or property of a person other than the employer, general contractor, or premises owner, by an employee, agent, or independent contractor if, on the date the employee, agent, or independent contractor was hired, the employee, agent, or independent contractor had been convicted of a public offense that included fraud or the misuse of funds or property as an element of the public offense, and it was foreseeable that the position for which the employee, agent, or independent contractor was hired would involve discharging a fiduciary responsibility in the management of funds or property. The bill does not apply to the employment of prisoners at prisons.
Changed since by amendments S-3125, H-1018, H-1013; see Amendments.
House subcommittee
Named February 25, 2019. On March 5, 2019 it recommended amendment and passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Iowa Code it changes
Lobbying
4 for · 1 against · 38 undecided · Who →