House File 2279 H-8135 Amend House File 2279 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 668.12A Liability for employee 4 negligence in actions involving commercial motor vehicles. 5 1. Subject to subsection 4, in a civil action involving the 6 operation of a commercial motor vehicle as defined in section 7 321.1, if an employer who is a defendant in the action complies 8 with subsection 2, the employer’s liability for damages caused 9 by the negligence of an employee operating a motor vehicle 10 within the course and scope of employment shall be based 11 solely on respondeat superior and not on the employer’s direct 12 negligence in hiring, training, supervising, or trusting the 13 employee. 14 2. On motion of an employer who is the defendant in a 15 civil action involving the operation of a commercial motor 16 vehicle, a trial court shall dismiss from the civil action 17 any claim of the employer’s direct negligence in hiring, 18 training, supervising, or trusting the employee, or other 19 claim of direct negligence on the part of the employer for the 20 employee’s harmful conduct, or other similar claims, if the 21 employer stipulates that at the time of the event that caused 22 the damages that are the subject of the civil action that the 23 person whose negligence is alleged to have caused the damages 24 was the employer’s employee and was acting within the course 25 and scope of employment with the employer. 26 3. If an employer makes the stipulations in subsection 2 27 with respect to an employee, and the employee’s negligence is 28 found to have caused or contributed to causing the damages, 29 the employer shall be adjudged liable solely on the basis of 30 respondeat superior for all the resulting damages. 31 4. This section shall not apply if the civil action 32 involving a commercial motor vehicle arises from an incident 33 for which an employee is convicted under section 321J.2 or 34 found to be in violation of 49 C.F.R. §392.4 or 49 C.F.R. 35 -1- HF 2279.3630 (3) 89 dg/jh 1/ 3 #1.

§392.5. 1 5. As used in this section, unless the context requires 2 otherwise: 3 a. “Convicted” means convicted of an indictable offense and 4 includes a guilty plea or other finding of guilt by a court of 5 competent jurisdiction. 6 b. “Operation” or “operating” means actual physical control 7 of a commercial motor vehicle upon a highway as defined in 8 section 321.1. 9 Sec. 2. NEW SECTION . 668.15A Noneconomic damages —— 10 commercial motor vehicle owners or operators. 11 1. As used in this section: 12 a. “Commercial motor vehicle” means the same as defined in 13 section 321.1. 14 b. “Convicted” means convicted of an indictable offense and 15 includes a guilty plea or other finding of guilt by a court of 16 competent jurisdiction. 17 c. “Noneconomic damages” means damages arising from 18 pain, suffering, inconvenience, physical impairment, mental 19 anguish, emotional pain and suffering, loss of chance, loss of 20 consortium, or any other nonpecuniary damages. 21 d. “Occurrence” means the event, incident, or happening, 22 and the acts or omissions incident thereto, which proximately 23 caused injuries or damages for which recovery is claimed. 24 e. “Operation” or “operating” means actual physical control 25 of a commercial motor vehicle upon a highway as defined in 26 section 321.1. 27 2. The total amount recoverable by each plaintiff in any 28 civil action involving the operation of a motor vehicle for 29 noneconomic damages for personal injury or death, whether in 30 tort, contract, or otherwise, against the owner or operator 31 of a commercial motor vehicle shall be limited to one million 32 dollars, regardless of the number of claims, theories of 33 liability, or defendants in the civil action. 34 3. This section shall not apply if the civil action 35 -2- HF 2279.3630 (3) 89 dg/jh 2/ 3

involving a commercial motor vehicle arises from an incident 1 for which an employee is convicted under section 321J.2 or 2 found to be in violation of 49 C.F.R. §392.4 or 49 C.F.R. 3 §392.5. 4 Sec. 3. Section 668A.1, Code 2022, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 2A. A claim for punitive or exemplary 7 damages shall not be included in any initial claim for relief. 8 A claim for punitive or exemplary damages may be allowed by 9 amendment to the pleadings only after the exchange of initial 10 disclosures pursuant to the Iowa rules of civil procedure and 11 after the plaintiff establishes prima facie proof of a triable 12 issue. After the plaintiff establishes the existence of a 13 triable issue, the court may, in its discretion and subject 14 to subsection 3, allow discovery on the issue of punitive or 15 exemplary damages as the court deems appropriate. > 16 2. Title page, by striking lines 1 and 2 and inserting < An 17 Act relating to civil tort liability involving the operation 18 of a commercial motor vehicle. > 19 ______________________________ BOUSSELOT of Polk -3- HF 2279.3630 (3) 89 dg/jh 3/ 3 #2.