Senate File 171

                                     SENATE FILE       
                                     BY  TINSMAN, SCHUERER, HOSCH,
                                         PUTNEY, SIEVERS, HOUSER, WIECK,
                                         BRUNKHORST, SEYMOUR, ANGELO,
                                         VEENSTRA, BOETTGER, IVERSON,
                                         DRAKE, ZIEMAN, GASKILL, BEHN,
                                         REHBERG, McKINLEY, and
                                         KETTERING


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act establishing a limitation on the recovery of punitive or
  2    exemplary damages in a civil case.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2060SS 80
  5 rh/pj/5

PAG LIN

  1  1    Section 1.  Section 668A.1, subsection 2, unnumbered
  1  2 paragraph 1, Code 2003, is amended to read as follows:
  1  3    An award for punitive or exemplary damages shall not be
  1  4 made unless the answer or finding pursuant to subsection 1,
  1  5 paragraph "a", is affirmative.  If such answer or finding is
  1  6 affirmative, the jury, or court if there is no jury, shall fix
  1  7 the amount of punitive or exemplary damages to be awarded,
  1  8 and; provided, however, that such award shall not be more than
  1  9 two hundred fifty thousand dollars except upon a finding of
  1 10 especially egregious conduct on the part of the defendant.
  1 11 When awarded, such damages shall be ordered paid as follows:
  1 12                           EXPLANATION
  1 13    This bill provides a monetary limitation on an award of
  1 14 punitive or exemplary damages in a civil case of not more than
  1 15 $250,000.  However, the limitation does not apply upon a
  1 16 finding of especially egregious conduct on the part of the
  1 17 defendant.
  1 18 LSB 2060SS 80
  1 19 rh/pj/5.1
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