Senate File 228 H-1164 Amend Senate File 228, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < Section 1. NEW SECTION . 668.12A No liability for 5 negligent hiring in actions involving commercial motor vehicles. 6 1. In any civil action involving the operation of a 7 commercial motor vehicle requiring a commercial driver’s 8 license, there shall not be civil liability for damages for 9 an employer’s negligent hiring of an employee if all of the 10 following apply: 11 a. The employer complies with subsection 2. 12 b. The employee’s actions that caused the claimant damage 13 are within the course and scope of the employee’s employment. 14 2. On motion of an employer who is a defendant in a civil 15 action involving the operation of a commercial motor vehicle 16 requiring a commercial driver’s license, a trial court shall 17 dismiss from the civil action any claim of the employer’s 18 direct negligence in hiring the employee driver, if the 19 employer stipulates that at the time of the event that caused 20 the damages that are the subject of the civil action all of the 21 following are true: 22 a. The person whose negligence is alleged to have caused the 23 damages was the employer’s employee. 24 b. The person whose negligence is alleged to have caused the 25 damages was acting within the course and scope of employment 26 with the employer. 27 3. If an employer makes the stipulations in subsection 2 28 with respect to an employee, and the employee’s negligence is 29 found to have caused or contributed to causing the damages, the 30 employer’s liability for negligent hiring shall be adjudged 31 solely on the basis of respondeat superior. 32 4. As used in this section: 33 a. “Commercial motor vehicle” means as defined in section 34 321.1, subsection 11, paragraph “f” , subparagraphs (1), (2), 35 -1- SF 228.1371 (2) 90 cm/ns 1/ 5 #1.

and (4), and also includes a glider kit vehicle as defined in 1 section 321.1, subsection 28A; a road tractor as defined in 2 section 321.1, subsection 64A; a towing or recovery vehicle as 3 defined in section 321.1, subsection 83A; and a truck tractor 4 as defined in section 321.1, subsection 88. 5 b. “Operation” means actual physical control of a commercial 6 motor vehicle upon a highway as defined in section 321.1. 7 Sec. 2. NEW SECTION . 668.15A Noneconomic damages —— 8 commercial motor vehicle owners or operators. 9 1. As used in this section: 10 a. “Commercial motor vehicle” means as defined in section 11 321.1, subsection 11, paragraph “f” , subparagraphs (1), (2), 12 and (4), and also includes a glider kit vehicle as defined in 13 section 321.1, subsection 28A; a road tractor as defined in 14 section 321.1, subsection 64A; a towing or recovery vehicle as 15 defined in section 321.1, subsection 83A; and a truck tractor 16 as defined in section 321.1, subsection 88. 17 b. “Inflation” means the annual percentage change in the 18 United States department of labor, bureau of labor statistics, 19 consumer price index for all urban consumers for the midwest 20 region, all items, or its successor index. 21 c. “Noneconomic damages” means damages arising from 22 pain, suffering, inconvenience, physical impairment, mental 23 anguish, emotional pain and suffering, loss of chance, loss of 24 consortium, or any other nonpecuniary damages. 25 d. “Operation” means actual physical control of a commercial 26 motor vehicle upon a highway as defined in section 321.1. 27 2. The total amount recoverable per plaintiff against the 28 owner or operator of a commercial motor vehicle for noneconomic 29 damages for personal injury or death in a civil action 30 involving the operation of a commercial motor vehicle requiring 31 a commercial driver’s license, whether in tort or otherwise, 32 is five million dollars. This limitation on damages applies 33 regardless of the number of derivative claims or theories of 34 liability in the civil action, subject to subsection 3. 35 -2- SF 228.1371 (2) 90 cm/ns 2/ 5

3. Upon motion by any plaintiff in a civil action against 1 the owner or operator of a commercial motor vehicle requiring a 2 commercial driver’s license and prior to entry of judgment by 3 the trial court, the trial court shall not apply the limitation 4 on damages set forth in subsection 2 if the trial court finds, 5 by a preponderance of the evidence, that the negligent act 6 leading to the plaintiff’s claimed harm involved any of the 7 following: 8 a. Operating a commercial motor vehicle with an alcohol 9 concentration, as defined in section 321J.1, of .04 or more. 10 b. Operating a commercial motor vehicle under the influence 11 of a drug. 12 c. A refusal to submit to chemical testing required under 13 chapter 321J. 14 d. A felony involving the use of a motor vehicle. 15 e. The use of a commercial motor vehicle involving the 16 manufacturing, distributing, or dispensing of a controlled 17 substance as defined in section 124.101; not including the 18 lawful transport for hire of a controlled substance. 19 f. Knowingly operating a commercial motor vehicle without 20 a proper license, or while the person’s commercial driver’s 21 license is revoked, suspended, or canceled, or while the person 22 is otherwise disqualified from operating a commercial motor 23 vehicle. 24 g. Operating a commercial motor vehicle without the 25 possession of a commercial driver’s license or commercial 26 learner’s permit valid for the vehicle operated. 27 h. Operating a commercial motor vehicle involving an act or 28 practice of human trafficking as defined in section 710A.1. 29 i. Reckless driving, as described in section 321.277. 30 j. Use of an electronic communication device while driving, 31 as described in section 321.276. 32 k. Speeding fifteen miles per hour or more over the legal 33 speed limit. 34 l. Violating any state or local law or ordinance restricting 35 -3- SF 228.1371 (2) 90 cm/ns 3/ 5

or prohibiting the use of a mobile telephone, computer, 1 tablet, or other device that is not a part of the vehicle while 2 operating the vehicle. 3 4. a. The limitation on damages set forth in subsection 4 2 does not apply to any case involving operation of a vehicle 5 that does not require a commercial driver’s license. 6 b. The limitation on damages set forth in subsection 2 7 does not apply to a civil action involving the operation of 8 a commercial motor vehicle serving as a common carrier of 9 passengers, or a commercial motor vehicle that is primarily 10 engaged in transporting passengers, or a commercial motor 11 vehicle as defined in section 321.1, subsection 11, paragraph 12 “f” , subparagraph (3); commercial vehicle as defined in section 13 321.1, subsection 12, paragraph “c” ; school bus as defined in 14 section 321.1, subsection 69; or other passenger transport. 15 5. The limitation on damages set forth in subsection 2 16 shall be adjusted for inflation by the secretary of state on 17 January 1, 2028, and on January 1 of each even-numbered year 18 thereafter. The secretary of state shall certify and publish 19 the adjusted limitation on damages within fourteen days after 20 the appropriate information is available. 21 Sec. 3. Section 668A.1, subsection 2, paragraphs a and 22 b, Code 2023, as amended by 2023 Iowa Acts, House File 161, 23 section 4, are amended to read as follows: 24 a. If the answer or finding pursuant to subsection 1 , 25 paragraph “b” , is affirmative, or if the claim is against any 26 physician and surgeon, osteopathic physician and surgeon, 27 dentist, podiatric physician, optometrist, pharmacist, 28 chiropractor, physician assistant, or nurse, licensed under 29 chapter 147, or a hospital licensed under chapter 135B, arising 30 out of patient care, or if the claim is part of a civil action 31 involving the operation of a commercial motor vehicle, then the 32 full amount of the punitive or exemplary damages awarded shall 33 be paid to the claimant. 34 b. If the answer or finding pursuant to subsection 1 , 35 -4- SF 228.1371 (2) 90 cm/ns 4/ 5

paragraph “b” , is negative, and if the claim is not against 1 any physician and surgeon, osteopathic physician and surgeon, 2 dentist, podiatric physician, optometrist, pharmacist, 3 chiropractor, physician assistant, or nurse, licensed under 4 chapter 147, or a hospital licensed under chapter 135B, 5 arising out of patient care, and if the claim is not part of 6 a civil action involving the operation of a commercial motor 7 vehicle, then after payment of all applicable costs and fees, 8 an amount not to exceed twenty-five percent of the punitive or 9 exemplary damages awarded may be ordered paid to the claimant, 10 with the remainder of the award to be ordered paid into a 11 civil reparations trust fund administered by the state court 12 administrator. Funds placed in the civil reparations trust 13 shall be under the control and supervision of the executive 14 council, and shall be disbursed only for purposes of indigent 15 civil litigation programs or insurance assistance programs. > 16 ______________________________ GUSTOFF of Polk -5- SF 228.1371 (2) 90 cm/ns 5/ 5