H-1011

   Amend House File 201 as follows:
   1.  By striking everything after the enacting clause and inserting: 
   <Section 1.  NEW SECTION.  668.12A  Liability for employee negligence in actions involving commercial motor vehicles.
   1.  In a civil action involving the operation of a commercial motor vehicle, the employer’s liability for damages caused by the negligence of an employee operating a commercial motor vehicle within the course and scope of employment shall be based solely on respondeat superior.
   2.  This section does not apply if the civil action involving a commercial motor vehicle arises from an incident for which an employee is convicted under section 321J.2 or found to be in violation of 49 C.F.R. §392.4 or 49 C.F.R. §392.5.
   3.  As used in this section:
   a.  “Commercial motor vehicle” means as defined in section 321.1.
   b.  “Convicted” means convicted of an indictable offense and includes a guilty plea or other finding of guilt by a court of competent jurisdiction.
   c.  “Operation” or “operating” means actual physical control of a commercial motor vehicle upon a highway as defined in section 321.1.
   Sec. 2.  NEW SECTION.  668.15A  Noneconomic damages —— commercial motor vehicle owners or operators.
   1.  As used in this section:
   a.  “Commercial motor vehicle” means as defined in section 321.1.
   b.  “Convicted” means convicted of an indictable offense and includes a guilty plea or other finding of guilt by a court of competent jurisdiction.
   c.  “Noneconomic damages” means damages arising from pain, suffering, inconvenience, physical impairment, mental anguish, emotional pain and suffering, loss of chance, loss of consortium, or any other nonpecuniary damages.
   d.  “Operation” means actual physical control of a commercial motor vehicle upon a highway as defined in section 321.1.
   2.  The total amount recoverable by each plaintiff in any civil action involving the operation of a commercial motor vehicle for noneconomic damages for personal injury or death, whether in tort, contract, or otherwise, against the owner or operator of a commercial motor vehicle shall be limited to fifteen million dollars, regardless of the number of claims, theories of liability, or defendants in the civil action.
   3.  This section does not apply if the civil action involving a commercial motor vehicle arises from an incident for which an employee is convicted under section 321J.2 or found to be in violation of 49 C.F.R. §392.4 or 49 C.F.R. §392.5.
   Sec. 3.  Section 668A.1, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  A claim for punitive or exemplary damages may be included in any initial claim for relief and may be allowed by amendment to the pleadings after the exchange of initial disclosures.>

______________________________
SCHEETZ of Linn