Senate
File
2139
H-8186
Amend
Senate
File
2139,
as
passed
by
the
Senate,
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-
SF
2139.3812
(2)
89
dg/ns
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-
SF
2139.3812
(2)
89
dg/ns
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-
SF
2139.3812
(2)
89
dg/ns
3/
3
#2.