Senate File 2139 H-8187 Amend the amendment, H-8186, to Senate File 2139, as passed 1 by the Senate, as follows: 2 1. By striking page 1, line 1, through page 3, line 19, and 3 inserting: 4 < Amend Senate File 2139, as passed by the Senate, as follows: 5 1. By striking everything after the enacting clause and 6 inserting: 7 < DIVISION I 8 TORT LIABILITY 9 Section 1. NEW SECTION . 668.12A Liability for employee 10 negligence in actions involving commercial motor vehicles. 11 1. Subject to subsection 4, in a civil action involving the 12 operation of a commercial motor vehicle as defined in section 13 321.1, if an employer who is a defendant in the action complies 14 with subsection 2, the employer’s liability for damages caused 15 by the negligence of an employee operating a motor vehicle 16 within the course and scope of employment shall be based 17 solely on respondeat superior and not on the employer’s direct 18 negligence in hiring, training, supervising, or trusting the 19 employee. 20 2. On motion of an employer who is the defendant in a 21 civil action involving the operation of a commercial motor 22 vehicle, a trial court shall dismiss from the civil action 23 any claim of the employer’s direct negligence in hiring, 24 training, supervising, or trusting the employee, or other 25 claim of direct negligence on the part of the employer for the 26 employee’s harmful conduct, or other similar claims, if the 27 employer stipulates that at the time of the event that caused 28 the damages that are the subject of the civil action that the 29 person whose negligence is alleged to have caused the damages 30 was the employer’s employee and was acting within the course 31 and scope of employment with the employer. 32 3. If an employer makes the stipulations in subsection 2 33 with respect to an employee, and the employee’s negligence is 34 found to have caused or contributed to causing the damages, 35 -1- H 8186.3831 (4) 89 dg/ns 1/ 8 #1.

the employer shall be adjudged liable solely on the basis of 1 respondeat superior for all the resulting damages. 2 4. This section shall not apply if the civil action 3 involving a commercial motor vehicle arises from an incident 4 for which an employee is convicted under section 321J.2 or 5 found to be in violation of 49 C.F.R. §392.4 or 49 C.F.R. 6 §392.5. 7 5. As used in this section, unless the context requires 8 otherwise: 9 a. “Convicted” means convicted of an indictable offense and 10 includes a guilty plea or other finding of guilt by a court of 11 competent jurisdiction. 12 b. “Operation” or “operating” means actual physical control 13 of a commercial motor vehicle upon a highway as defined in 14 section 321.1. 15 Sec. 2. NEW SECTION . 668.15A Noneconomic damages —— 16 commercial motor vehicle owners or operators. 17 1. As used in this section: 18 a. “Commercial motor vehicle” means the same as defined in 19 section 321.1. 20 b. “Convicted” means convicted of an indictable offense and 21 includes a guilty plea or other finding of guilt by a court of 22 competent jurisdiction. 23 c. “Inflation” means the annual percentage change in the 24 United States department of labor bureau of labor statistics 25 consumer price Index for all urban consumers for the midwest 26 region, all items, or its successor index. 27 d. “Noneconomic damages” means damages arising from 28 pain, suffering, inconvenience, physical impairment, mental 29 anguish, emotional pain and suffering, loss of chance, loss of 30 consortium, or any other nonpecuniary damages. 31 e. “Occurrence” means the event, incident, or happening, 32 and the acts or omissions incident thereto, which proximately 33 caused injuries or damages for which recovery is claimed. 34 f. “Operation” or “operating” means actual physical control 35 -2- H 8186.3831 (4) 89 dg/ns 2/ 8

of a commercial motor vehicle upon a highway as defined in 1 section 321.1. 2 2. The total amount recoverable by each plaintiff in any 3 civil action involving the operation of a motor vehicle for 4 noneconomic damages for personal injury or death, whether in 5 tort, contract, or otherwise, against the owner or operator 6 of a commercial motor vehicle shall be limited to one million 7 dollars, regardless of the number of claims, theories of 8 liability, or defendants in the civil action. 9 3. This section shall not apply if the civil action 10 involving a commercial motor vehicle arises from an incident 11 for which an employee is convicted under section 321J.2 or 12 found to be in violation of 49 C.F.R. §392.4 or 49 C.F.R. 13 §392.5. 14 4. a. The limitation on damages set forth in subsection 2 15 shall be adjusted for Inflation by the secretary of state on 16 January 1, 2026, and each January 1 of an even-numbered year 17 thereafter. 18 b. The secretary of state shall certify the adjusted 19 limitation on damages within fourteen days after the 20 appropriate information is available. 21 Sec. 3. Section 668A.1, subsection 2, Code 2022, is amended 22 to read as follows: 23 2. An award for punitive or exemplary damages shall not be 24 made unless the answer or finding pursuant to subsection 1 , 25 paragraph “a” , is affirmative. If such answer or finding is 26 affirmative, the jury, or court if there is no jury, shall fix 27 the amount of punitive or exemplary damages to be awarded, and 28 such damages shall be ordered paid as follows: 29 a. If the answer or finding pursuant to subsection 1 , 30 paragraph “b” , is affirmative, the full amount of the punitive 31 or exemplary damages awarded shall be paid to the claimant. 32 b. If the answer or finding pursuant to subsection 1 , 33 paragraph “b” , is negative, after payment of all applicable 34 costs and fees, an amount not to exceed twenty-five percent 35 -3- H 8186.3831 (4) 89 dg/ns 3/ 8

of the punitive or exemplary damages awarded may be ordered 1 paid to the claimant, with the remainder of the award to be 2 ordered paid into a civil reparations trust fund administered 3 by the state court administrator. Funds placed in the civil 4 reparations trust shall be under the control and supervision of 5 the executive council, and shall be disbursed only for purposes 6 of indigent civil litigation programs or insurance assistance 7 programs. 8 c. Notwithstanding paragraph “b” , if the claim involves the 9 operation of a commercial motor vehicle, then the full amount 10 of the punitive or exemplary damages awarded shall be paid to 11 the claimant. 12 Sec. 4. Section 668A.1, Code 2022, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 2A. A claim for punitive or exemplary 15 damages shall not be included in any initial claim for relief. 16 A claim for punitive or exemplary damages may be allowed by 17 amendment to the pleadings only after the exchange of initial 18 disclosures pursuant to the Iowa rules of civil procedure and 19 after the plaintiff establishes prima facie proof of a triable 20 issue. After the plaintiff establishes the existence of a 21 triable issue, the court may, in its discretion and subject 22 to subsection 3, allow discovery on the issue of punitive or 23 exemplary damages as the court deems appropriate. 24 DIVISION II 25 COVID-19 —— PRIVACY PROTECTIONS 26 Sec. 5. Section 27C.2, Code 2022, is amended to read as 27 follows: 28 27C.2 Proof COVID-19 proof of vaccination immunization —— 29 immunization and medical treatment status —— denial of state 30 grants or contracts —— penalties . 31 1. Notwithstanding any provision of law to the contrary, 32 an employer shall not require an employee to furnish an 33 immunity passport, and a business , educational institution, 34 or governmental entity shall not require a customer, patron, 35 -4- H 8186.3831 (4) 89 dg/ns 4/ 8

client, patient, or other person who is invited onto the 1 premises of the business , educational institution, or 2 governmental entity to furnish proof of having received a 3 vaccination for COVID-19, as defined in section 686D.2 , an 4 immunity passport prior to entering onto the premises of the 5 business , educational institution, or governmental entity. 6 This section does not prohibit a business or governmental 7 entity from implementing a COVID-19 screening protocol that 8 does not require proof of vaccination for COVID-19. 9 2. A business, educational institution, employer, or 10 governmental entity shall not do any of the following: 11 a. Refuse, withhold from, or deny to a person any 12 services, goods, facilities, advantages, privileges, access, 13 transportation or freedom of movement, licensing, educational 14 opportunities, or access to medical care, based on the person’s 15 COVID-19 immunization status. 16 b. Except when federal law otherwise requires, exclude, 17 segregate, refuse to serve, require a mask or other facial 18 covering, require testing, or otherwise unfairly discriminate 19 against a person, based on the person’s COVID-19 immunization 20 status. 21 c. Except when federal law otherwise requires, inquire into 22 the COVID-19 medical treatment status or maintain a record of 23 the COVID-19 medical treatment status of a person. 24 d. Except when federal law otherwise requires, maintain an 25 existing record of the COVID-19 medical treatment status of a 26 person if the person requests that the record be deleted. 27 3. a. Subsection 2, paragraph “c” , shall not interfere with 28 a person’s right to access the person’s own health information 29 under any applicable state or federal law or any responsibility 30 of a health care professional to comply with any applicable 31 state or federal law or standards of care in administering 32 health care to a person. 33 b. Subsection 2, paragraphs “a” , “c” , and “d” , shall not 34 apply to a health carrier as defined in section 514J.102 35 -5- H 8186.3831 (4) 89 dg/ns 5/ 8

or to a person engaged in the business of insurance who is 1 regulated under chapter 508 in relation to a contract, benefit, 2 term, condition, or type of coverage based on sound actuarial 3 principals or related to actual or reasonably anticipated 4 experience. 5 2. 4. Notwithstanding any provision of law to the 6 contrary, grants or contracts funded by state revenue shall 7 not be awarded to or renewed with respect to a business or 8 governmental entity any of the following: 9 a. A business or governmental entity that violates 10 subsection 1 on or after May 20, 2021. 11 b. An educational institution or employer that violates 12 subsection 1 on or after the effective date of this division 13 of this Act. 14 5. Except when federal law otherwise requires immunization 15 against COVID-19 related to employment, if an employer 16 discharges an employee based on the employee’s COVID-19 17 immunization status, the discharged individual files a claim 18 for benefits pursuant to section 96.6, and the department of 19 workforce development determines the discharged individual was 20 discharged based upon the discharged individual’s COVID-19 21 immunization status in violation of this section, the employer 22 shall pay a fine of fifty thousand dollars to the department 23 of workforce development. Upon receipt of the fine, the 24 department of workforce development shall award twenty-five 25 thousand dollars to the discharged individual and shall retain 26 twenty-five thousand dollars as repayment receipts as defined 27 in section 8.2. Notwithstanding section 8.33, moneys retained 28 by the department of workforce development pursuant to this 29 section are not subject to reversion to the general fund of the 30 state. 31 3. 6. For the purposes of this section : 32 a. “Business” means a retailer required to obtain a 33 sales tax permit pursuant to chapter 423 , a nonprofit or 34 not-for-profit organization, or an establishment which is open 35 -6- H 8186.3831 (4) 89 dg/ns 6/ 8

to the public at large or where entrance is limited by a cover 1 charge or membership requirement , but does not include a health 2 care facility as defined in section 686D.2 . 3 b. “COVID-19” means the same as defined in section 686D.2. 4 c. “COVID-19 immunization” or “immunization against COVID-19” 5 means receiving a vaccination against COVID-19 which may 6 include a vaccine for which a biologics license application 7 has not been approved pursuant to 42 U.S.C. §262 by the United 8 States food and drug administration. 9 d. “Educational institution” includes any licensed child 10 care center as defined in section 237A.1, preschool, elementary 11 or secondary school, community college, area education agency, 12 or postsecondary college or university and their governing 13 boards. 14 e. “Employee” means an individual who is employed in 15 this state for wages by an employer. “Employee” includes an 16 applicant for employment. 17 f. “Employer” means a person, as defined in chapter 4, who 18 in this state employs for wages a natural person. 19 b. g. “Governmental entity” means the state or any 20 political subdivision of the state that owns, leases, or 21 operates buildings under the control of the state or a 22 political subdivision of the state , but does not include a 23 health care facility as defined in section 686D.2 . 24 h. “Health care professional” means a person who is 25 licensed, certified, or otherwise authorized or permitted by 26 the law of this state to administer health care in the ordinary 27 course of business or in the practice of a profession. 28 i. “Immunity passport” means a document, digital record, 29 or software application indicating that a person has received 30 immunization against COVID-19 or has gained natural immunity 31 through infection and recovery. 32 j. “Medical treatment” means a health care treatment, 33 service, or procedure designed to maintain or treat a person’s 34 physical or mental condition, and includes preventive care, 35 -7- H 8186.3831 (4) 89 dg/ns 7/ 8

medical devices, and vaccinations. 1 Sec. 6. CODE EDITOR DIRECTIVE. The Code editor shall amend 2 the title of chapter 27C, Code 2022, to read “COVID-19 —— PROOF 3 OF IMMUNIZATION —— IMMUNIZATION AND MEDICAL TREATMENT STATUS”. 4 Sec. 7. EFFECTIVE DATE. This division of this Act, being 5 deemed of immediate importance, takes effect upon enactment. > 6 2. Title page, by striking lines 1 and 2 and inserting 7 < An Act relating to matters under the purview of the state, 8 including civil torts and COVID-19 proof of immunization and 9 immunization and medical treatment status, and including 10 effective date provisions. >> 11 ______________________________ BOUSSELOT of Polk -8- H 8186.3831 (4) 89 dg/ns 8/ 8 #2.