Bills › 88th General Assembly
Relating to the liability of private employers, general contractors, and premises owners for negligently hiring employees, agents, or independent contractors convicted of a public offense
Sponsored by the Senate Judiciary (companion To Hf 650 By Committee on Labor) Committee
Where it is now
- Done: IntroducedFebruary 21, 2019
- Skipped: SubcommitteeSkipped
- Done: Senate committeeMarch 11, 2019
- Done: Passes the SenateApril 8, 201950–0
- Skipped: House committeeSkipped
- Done: Passes the HouseMarch 14, 2019
- 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 cause of action of negligent hiring. The bill does not expand or create any other causes of action. Under current law, the tort of negligent hiring 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. The bill provides that the cause of action of negligent hiring shall not be brought against a private employer, general contractor, or premises owner based solely 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 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.
Iowa Code it changes
Lobbying
4 for · 1 against · 38 undecided · Who →