House File 201 H-1012 Amend the amendment, H-1011, to House File 201, as follows: 1 1. By striking page 1, line 1, through page 2, line 19, and 2 inserting: 3 < Amend House File 201 as follows: 4 1. By striking everything after the enacting clause and 5 inserting: 6 < Section 1. NEW SECTION . 668.12A Liability for employee 7 negligence in actions involving commercial motor vehicles. 8 1. In a civil action involving the operation of a commercial 9 motor vehicle, the employer’s liability for damages caused by 10 the negligence of an employee operating a commercial motor 11 vehicle within the course and scope of employment shall be 12 based on respondeat superior. 13 2. This section does not apply if the civil action involving 14 a commercial motor vehicle arises from an incident for which an 15 employee is convicted under section 321J.2 or found to be in 16 violation of 49 C.F.R. §392.4 or 49 C.F.R. §392.5. 17 3. As used in this section: 18 a. “Commercial motor vehicle” means as defined in section 19 321.1. 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. “Operation” or “operating” means actual physical control 24 of a commercial motor vehicle upon a highway as defined in 25 section 321.1. 26 Sec. 2. NEW SECTION . 668.15A Noneconomic damages —— 27 commercial motor vehicle owners or operators. 28 1. As used in this section: 29 a. “Commercial motor vehicle” means as defined in section 30 321.1. 31 b. “Convicted” means convicted of an indictable offense and 32 includes a guilty plea or other finding of guilt by a court of 33 competent jurisdiction. 34 c. “Inflation” means the annual percentage change in the 35 -1- H 1011.265 (1) 90 cm/ns 1/ 3 #1.

United States department of labor, bureau of labor statistics, 1 consumer price index for all urban consumers for the midwest 2 region, all items, or its successor index. 3 d. “Noneconomic damages” means damages arising from 4 pain, suffering, inconvenience, physical impairment, mental 5 anguish, emotional pain and suffering, loss of chance, loss of 6 consortium, or any other nonpecuniary damages. 7 e. “Operation” means actual physical control of a commercial 8 motor vehicle upon a highway as defined in section 321.1. 9 2. The total amount recoverable by each plaintiff in any 10 civil action involving the operation of a commercial motor 11 vehicle for noneconomic damages for personal injury or death, 12 whether in tort, contract, or otherwise, against the owner or 13 operator of a commercial motor vehicle shall be limited to 14 fifteen million dollars, regardless of the number of claims, 15 theories of liability, or defendants in the civil action. 16 3. This section does not apply if the civil action involving 17 a commercial motor vehicle arises from an incident for which an 18 employee is convicted under section 321J.2 or found to be in 19 violation of 49 C.F.R. §392.4 or 49 C.F.R. §392.5. 20 4. a. The limitation on damages set forth in subsection 2 21 shall be adjusted for inflation by the secretary of state on 22 January 1, 2026, and on January 1 of each even-numbered year 23 thereafter. 24 b. The secretary of state shall certify and publish the 25 adjusted limitation on damages within fourteen days after the 26 appropriate information is available. 27 Sec. 3. Section 668A.1, Code 2023, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 2A. A claim for punitive or exemplary 30 damages may be included in any initial claim for relief and may 31 be allowed by amendment to the pleadings after the exchange of 32 initial disclosures. >> 33 -2- H 1011.265 (1) 90 cm/ns 2/ 3