Text: H01487 Text: H01489 Text: H01400 - H01499 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 344, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 "DIVISION I 1 6 LIABILITY REFORM 1 7 Section 1. Section 625A.9, Code 2003, is amended 1 8 to read as follows: 1 9 625A.9 EXECUTION ON UNSTAYED PART OF JUDGMENT – 1 10 SUPERSEDEAS BOND WAIVED. 1 11 1. The taking of the appeal from part of a 1 12 judgment or order, and the filing of a bondas above1 13directed, does not stay execution as to that part of 1 14 the judgment or order not appealed from. 1 15 2. If the judgment or order appealed from is for 1 16 money, such bond shall not exceed one hundred ten 1 17 percent of the amount of the money judgment. 1 18 3. Upon motion and for good cause shown, the 1 19 district court may stay all proceedings under the 1 20 order or judgment being appealed and permit the state 1 21 or any of its political subdivisions to appeal a 1 22 judgment or order to the supreme court without the 1 23 filing of a supersedeas bond. 1 24 Sec. 2. Section 668.12, Code 2003, is amended to 1 25 read as follows: 1 26 668.12 LIABILITY FOR PRODUCTS –STATE OF THE ART1 27DEFENSEDEFENSES. 1 28 1. In any action brought pursuant to this chapter 1 29 against an assembler, designer, supplier of 1 30 specifications, distributor, manufacturer, or seller 1 31 for damages arising from an alleged defect in the 1 32 design, testing, manufacturing, formulation, 1 33 packaging, warning, or labeling of a product, a 1 34 percentage of fault shall not be assigned to such 1 35 persons if they plead and prove that the product 1 36 conformed to the state of the art in existence at the 1 37 time the product was designed, tested, manufactured, 1 38 formulated, packaged, provided with a warning, or 1 39 labeled. 1 40 2. Nothing contained inthis sectionsubsection 1 1 41 shall diminish the duty of an assembler, designer, 1 42 supplier of specifications, distributor, manufacturer 1 43 or seller to warn concerning subsequently acquired 1 44 knowledge of a defect or dangerous condition that 1 45 would render the product unreasonably dangerous for 1 46 its foreseeable use or diminish the liability for 1 47 failure to so warn. 1 48 3. An assembler, designer, supplier of 1 49 specifications, distributor, manufacturer, or seller 1 50 shall not be subject to liability under a theory of 2 1 civil conspiracy unless the person knowingly and 2 2 voluntarily entered into an agreement, express or 2 3 implied, to participate in a common plan with the 2 4 intent to commit a tortious act upon another. Mere 2 5 membership in a trade or industrial association or 2 6 group is not, in and of itself, evidence of such an 2 7 agreement. 2 8 Sec. 3. Section 668A.1, subsection 1, Code 2003, 2 9 is amended to read as follows: 2 10 1. In a trial of a claim involving the request for 2 11 punitive or exemplary damages, the court shall 2 12 instruct the jury to answer special interrogatories 2 13 or, if there is no jury, shall make findings, 2 14 indicating all of the following: 2 15 a. Whether, by a preponderance of clear,and 2 16 convincing, and satisfactoryevidence, the conduct of 2 17 the defendant from which the claim arose constituted 2 18 willful and wanton disregard for the rights or safety 2 19 of another. 2 20 b. Whether the conduct of the defendant was 2 21 directed specifically at the claimant, or at the 2 22 person from which the claimant's claim is derived. 2 23 c. Whether, by a preponderance of clear and 2 24 convincing evidence, the conduct of the defendant from 2 25 which the claim arose constituted actual malice. 2 26 Sec. 4. NEW SECTION. 668A.2 DEFINITIONS. 2 27 As used in this chapter, the following terms shall 2 28 have the following meanings: 2 29 1. "Clear and convincing evidence" means evidence 2 30 which leaves no serious or substantial doubt about the 2 31 correctness of the conclusions drawn from the 2 32 evidence. It is more than a preponderance of 2 33 evidence, but less than beyond a reasonable doubt. 2 34 2. "Malice" means either conduct which is 2 35 specifically intended by the defendant to cause 2 36 tangible or intangible serious injury to the plaintiff 2 37 or conduct that is carried out by the defendant both 2 38 with a flagrant indifference to the rights of the 2 39 plaintiff and with a subjective awareness that such 2 40 conduct will result in tangible serious injury. 2 41 Sec. 5. NEW SECTION. 668A.3 AWARD OF PUNITIVE OR 2 42 EXEMPLARY DAMAGES – PROOF – STANDARD. 2 43 Punitive or exemplary damages shall only be awarded 2 44 where the plaintiff proves by clear and convincing 2 45 evidence that the plaintiff's harm was the result of 2 46 actual malice. This burden of proof shall not be 2 47 satisfied by proof of any degree of negligence, 2 48 including gross negligence. 2 49 DIVISION II 2 50 WORKERS' COMPENSATION 3 1 Sec. 6. Section 85.34, subsection 2, unnumbered 3 2 paragraph 1, Code 2003, is amended to read as follows: 3 3 Compensation for permanent partial disability shall 3 4 begin at the termination of the healing period 3 5 provided in subsection 1. The compensation shall be 3 6 in addition to the benefits provided by sections 85.27 3 7 and 85.28. The compensation shall be based only upon 3 8 the extent of the disability related to the injury 3 9 received and upon the basis of eighty percent per week 3 10 of the employee's average spendable weekly earnings, 3 11 but not more than a weekly benefit amount, rounded to 3 12 the nearest dollar, equal to one hundred eighty-four 3 13 percent of the statewide average weekly wage paid 3 14 employees as determined by the department of workforce 3 15 development under section 96.19, subsection 36, and in 3 16 effect at the time of the injury. The minimum weekly 3 17 benefit amount shall be equal to the weekly benefit 3 18 amount of a person whose gross weekly earnings are 3 19 thirty-five percent of the statewide average weekly 3 20 wage. For all cases of permanent partial disability 3 21 compensation shall be paid as follows: 3 22 Sec. 7. Section 85.34, Code 2003, is amended by 3 23 adding the following new subsection: 3 24 NEW SUBSECTION. 7. APPORTIONMENT. When an 3 25 employee suffers successive work-related injuries or 3 26 illnesses, an employer is not liable for that portion 3 27 of an employee's disability that is caused by any 3 28 preexisting injury or illness that is separate and 3 29 discrete from the injury or illness for which 3 30 compensation is claimed. Evidence that an employee 3 31 has received a prior award for payment of benefits or 3 32 entered into a prior settlement of any claim arising 3 33 under this chapter or chapter 85A, 85B, or 86 creates 3 34 a presumption that the employee has suffered a 3 35 preexisting work-related injury or illness that is 3 36 separate and discrete from the injury or illness for 3 37 which benefits are claimed and that the extent of 3 38 disability caused by that preexisting injury or 3 39 illness has been determined. An employee who suffers 3 40 from a disability caused in part by a preexisting 3 41 injury or illness that is separate and discrete from 3 42 the injury or illness for which compensation is 3 43 claimed, such that the employer is not liable for that 3 44 portion of the employee's disability, shall receive 3 45 compensation for the employee's disability at the 3 46 employee's weekly benefit amount as provided in this 3 47 section plus an additional ten percent. 3 48 DIVISION III 3 49 FINANCIAL SERVICES 3 50 Sec. 8. Section 537.2502, subsections 3 and 6, 4 1 Code 2003, are amended to read as follows: 4 2 3. A delinquency charge shall not be collected 4 3 under subsection 1, paragraph "a", on an installment 4 4whichthat is paid in full within ten days after its 4 5 scheduled or deferred installment due date even though 4 6 an earlier maturing installment or a delinquency or 4 7 deferral charge on an earlier installment may not have 4 8 been paid in full. For purposes of this subsection, 4 9 payments associated with a precomputed transaction are 4 10 applied first to current installments and then to 4 11 delinquent installments. 4 12 6. A delinquency charge shall not be collected 4 13 under subsection 4 on a paymentwhichassociated with 4 14 a precomputed transaction that is paid in full on or 4 15 before its scheduled or deferred due date even though 4 16 an earlier maturing payment or a delinquency or 4 17 deferred charge on an earlier payment has not been 4 18 paid in full. For purposes of this subsection, 4 19 payments are applied first to amounts due for the 4 20 current billing cycle and then to delinquent payments. 4 21 Sec. 9. Section 537.2601, subsection 1, Code 2003, 4 22 is amended to read as follows: 4 23 1.Except as provided in subsection 2, withWith 4 24 respect to a credit transaction other than a consumer 4 25 credit transaction, the parties may contract for the 4 26 payment by the debtor of any finance or other charge 4 27 as permitted by law.Except with respect to debt4 28obligations issued by a government, governmental4 29agency or instrumentality, in calculating any finance4 30charge contracted for, any month may be counted as4 31one-twelfth of a year, but a day is to be counted as4 32one three-hundred sixty-fifth of a year.4 33 DIVISION IV 4 34 UNEMPLOYMENT COMPENSATION SURCHARGE 4 35 Sec. 10. Section 96.7, subsection 12, paragraph a, 4 36 Code 2003, is amended to read as follows: 4 37 a. An employer other than a governmental entity or 4 38 a nonprofit organization, subject to this chapter, 4 39 shall pay an administrative contribution surcharge 4 40 equal in amount to one-tenth of one percent of federal 4 41 taxable wages, as defined in section 96.19, subsection 4 42 37, paragraph "b", subject to the surcharge formula to 4 43 be developed by the department under this paragraph. 4 44 The department shall develop a surcharge formula that 4 45 provides a target revenue level of no greater than six 4 46 million five hundred twenty-five thousand dollars 4 47annuallyfor calendar years 2003, 2004, and 2005 and a 4 48 target revenue level of no greater than three million 4 49 two hundred sixty-two thousand five hundred dollars 4 50 for calendar year 2006 and each subsequent calendar 5 1 year. The department shall reduce the administrative 5 2 contribution surcharge established for any calendar 5 3 year proportionate to any federal government funding 5 4 that provides an increased allocation of moneys for 5 5 workforce development offices, under the federal 5 6 employment services financing reform legislation. Any 5 7 administrative contribution surcharge revenue that is 5 8 collected in calendar year20022003, 2004, or 2005 in 5 9 excess of six million five hundred twenty-five 5 10 thousand dollars or in calendar year 2006 or a 5 11 subsequent calendar year in excess of three million 5 12 two hundred sixty-two thousand five hundred dollars 5 13 shall be deducted from the amount to be collected in 5 14 the subsequent calendar year 2003 before the 5 15 department establishes the administrative contribution 5 16 surcharge. The department shall recompute the amount 5 17 as a percentage of taxable wages, as defined in 5 18 section 96.19, subsection 37, and shall add the 5 19 percentage surcharge to the employer's contribution 5 20 rate determined under this section. The percentage 5 21 surcharge shall be capped at a maximum of seven 5 22 dollars per employee. The department shall adopt 5 23 rules prescribing the manner in which the surcharge 5 24 will be collected. Interest shall accrue on all 5 25 unpaid surcharges under this subsection at the same 5 26 rate as on regular contributions and shall be 5 27 collectible in the same manner. Interest accrued and 5 28 collected under this paragraph and interest earned and 5 29 credited to the fund under paragraph "b" shall be used 5 30 by the department only for the purposes set forth in 5 31 paragraph "c". 5 32 Sec. 11. Section 96.7, subsection 12, paragraph d, 5 33 Code 2003, is amended to read as follows: 5 34 d. This subsection is repealed July 1,20032006, 5 35 and the repeal is applicable to contribution rates for 5 36 calendar year20042007 and subsequent calendar years. 5 37 Sec. 12. EFFECTIVE DATE. This division of this 5 38 Act, concerning the unemployment compensation 5 39 surcharge, being deemed of immediate importance, takes 5 40 effect upon enactment. 5 41 DIVISION V 5 42 ECONOMIC DEVELOPMENT 5 43 Sec. 13. NEW SECTION. 15E.18 CITIES, COUNTIES, 5 44 AND REGIONS – SITE PREPARATION FOR TARGETED ECONOMIC 5 45 DEVELOPMENT. 5 46 1. For purposes of this section, "region" means a 5 47 group of two or more contiguous counties that 5 48 establishes a single, focused economic development 5 49 effort. 5 50 2. A city, county, or region, subject to the 6 1 approval of the property owner, may designate an area 6 2 within the boundaries of the city, county, or region 6 3 for a specific type of targeted economic development. 6 4 The specific type of targeted economic development 6 5 shall be one of the following: 6 6 a. Manufacturing. 6 7 b. Light industrial. 6 8 c. Warehouse and distribution. 6 9 d. Office parks. 6 10 e. Business and commerce parks. 6 11 f. Research and development. 6 12 3. A city, county, or region that designates an 6 13 area for a specific type of targeted economic 6 14 development may apply to the department for purposes 6 15 of certifying the area as a preapproved development 6 16 site. The department shall develop criteria for the 6 17 certification process. 6 18 4. Prior to a specific project being developed, a 6 19 city, county, or region designating the area for 6 20 targeted economic development pursuant to this section 6 21 may apply for and obtain appropriate licenses, 6 22 permits, and approvals for the type of targeted 6 23 economic development project desired for the area. 6 24 Sec. 14. NEW SECTION. 15E.19 REGULATORY 6 25 ASSISTANCE. 6 26 1. The department of economic development shall 6 27 coordinate all regulatory assistance for the state of 6 28 Iowa. Each state agency with regulatory programs for 6 29 business shall maintain a coordinator within the 6 30 office of the director or the administrative division 6 31 of the state agency. Each coordinator shall do all of 6 32 the following: 6 33 a. Serve as the department of economic 6 34 development's primary contact for regulatory affairs. 6 35 b. Provide regulatory requirements to businesses 6 36 and represent the agency in the private sector. 6 37 c. Monitor permit applications and provide timely 6 38 permit status information to the department of 6 39 economic development. 6 40 d. Have the ability to require regulatory staff 6 41 participation in negotiations and discussions with 6 42 businesses. 6 43 e. Notify the department of economic development 6 44 regarding proposed rulemaking activities that impact a 6 45 regulatory program and any subsequent changes to a 6 46 regulatory program. 6 47 2. By January 15 of each year, the department of 6 48 economic development shall submit a written report to 6 49 the general assembly regarding the provision of 6 50 regulatory assistance by state agencies." 7 1 #2. Title page, by striking lines 2 through 7 and 7 2 inserting the following: "business relating to 7 3 liability reform, workers' compensation, financial 7 4 services, unemployment compensation employer 7 5 surcharges, and economic development, and providing an 7 6 effective date." 7 7 7 8 7 9 7 10 HORBACH of Tama 7 11 SF 344.206 80 7 12 ec/sh
Text: H01487 Text: H01489 Text: H01400 - H01499 Text: H Index Bills and Amendments: General Index Bill History: General Index
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