Read the full stored bill text
Senate
File
77
-
Introduced
SENATE
FILE
77
BY
DONAHUE
A
BILL
FOR
An
Act
relating
to
tort
liability
in
civil
actions
involving
1
commercial
motor
vehicles,
including
employer
liability,
2
noneconomic
damages,
punitive
damages,
and
exemplary
3
damages.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
668A.1,
subsection
2,
paragraphs
a
and
b,
1
Code
2025,
are
amended
to
read
as
follows:
2
a.
If
the
answer
or
finding
pursuant
to
subsection
1
,
3
paragraph
“b”
,
is
affirmative,
or
if
the
claim
is
against
any
4
physician
and
surgeon,
osteopathic
physician
and
surgeon,
5
dentist,
podiatric
physician,
optometrist,
pharmacist,
6
chiropractor,
physician
assistant,
or
nurse,
licensed
under
7
chapter
147
,
or
a
hospital
licensed
under
chapter
135B
,
arising
8
out
of
patient
care,
or
if
the
claim
is
part
of
a
civil
action
9
involving
the
operation
of
a
commercial
motor
vehicle,
then
the
10
full
amount
of
the
punitive
or
exemplary
damages
awarded
shall
11
be
paid
to
the
claimant.
12
b.
If
the
answer
or
finding
pursuant
to
subsection
1
,
13
paragraph
“b”
,
is
negative,
and
if
the
claim
is
not
against
14
any
physician
and
surgeon,
osteopathic
physician
and
surgeon,
15
dentist,
podiatric
physician,
optometrist,
pharmacist,
16
chiropractor,
physician
assistant,
or
nurse,
licensed
under
17
chapter
147
,
or
a
hospital
licensed
under
chapter
135B
,
18
arising
out
of
patient
care,
and
if
the
claim
is
not
part
of
19
a
civil
action
involving
the
operation
of
a
commercial
motor
20
vehicle,
then
after
payment
of
all
applicable
costs
and
fees,
21
an
amount
not
to
exceed
twenty-five
percent
of
the
punitive
or
22
exemplary
damages
awarded
may
be
ordered
paid
to
the
claimant,
23
with
the
remainder
of
the
award
to
be
ordered
paid
into
a
24
civil
reparations
trust
fund
administered
by
the
state
court
25
administrator.
Funds
placed
in
the
civil
reparations
trust
26
shall
be
under
the
control
and
supervision
of
the
executive
27
council,
and
shall
be
disbursed
only
for
purposes
of
indigent
28
civil
litigation
programs
or
insurance
assistance
programs.
29
Sec.
2.
REPEAL.
Sections
668.12A
and
668.15A,
Code
2025,
30
are
repealed.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
tort
liability
in
actions
involving
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77
commercial
motor
vehicles.
1
Under
current
law,
the
liability
of
an
employer
who
is
2
a
defendant
in
a
civil
action
involving
a
commercial
motor
3
vehicle
for
damages
caused
by
negligence
of
an
employee
4
acting
within
the
scope
and
course
of
employment
is
based
on
5
respondeat
superior
if
the
employer
makes
certain
stipulations.
6
On
motion
of
an
employer,
a
trial
court
shall
dismiss
from
the
7
action
any
claim
of
the
employer’s
direct
negligence
in
hiring,
8
training,
supervising,
or
trusting
an
employee,
or
other
claim
9
of
direct
negligence
on
the
part
of
the
employer
for
the
10
employee’s
harmful
conduct,
or
other
similar
claims,
if
the
11
employer
stipulates
that
at
the
time
of
the
event
that
caused
12
the
damages
that
the
person
whose
negligence
is
the
basis
of
13
the
action
was
the
employer’s
employee
and
the
employee
was
14
acting
within
the
course
and
scope
of
employment
with
the
15
employer.
16
The
bill
repeals
current
law
and
makes
an
employer
liable
17
for
an
employee’s
negligence
and
may
be
held
responsible
for
18
direct
negligence
relating
to
hiring,
training,
supervising,
or
19
trusting
an
employee,
or
other
claims
of
direct
negligence
on
20
the
part
of
the
employee’s
harmful
conduct,
subject
to
certain
21
limitations
contained
in
Code
chapter
671A
(negligent
hiring
——
22
limitations
on
liability)
relating
to
convictions
for
public
23
offenses,
with
certain
exceptions.
24
Current
law
limits
the
amount
of
noneconomic
damages
25
available
against
the
owner
or
operator
of
a
commercial
motor
26
vehicle
for
personal
injury
or
death
to
$5
million
regardless
27
of
the
number
of
derivative
claims,
theories
of
liability,
or
28
defendants
in
the
civil
action.
The
bill
repeals
this
cap.
29
Under
current
law,
punitive
or
exemplary
damages
may
be
30
awarded
if,
by
a
preponderance
of
clear,
convincing,
and
31
satisfactory
evidence,
the
conduct
of
the
defendant
from
which
32
the
claim
arose
constituted
willful
and
wanton
disregard
for
33
the
rights
or
safety
of
another.
In
cases
involving
the
34
operation
of
a
commercial
vehicle,
the
full
amount
of
the
award
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77
of
punitive
or
exemplary
damages
shall
be
paid
to
the
claimant.
1
Under
the
bill,
in
cases
involving
commercial
vehicles,
the
2
amount
of
punitive
and
exemplary
damages
paid
to
a
claimant
3
shall
not
exceed
25
percent,
with
the
remainder
awarded
to
4
the
civil
reparations
trust
fund,
unless
the
conduct
of
the
5
defendant
was
directed
specifically
at
the
claimant,
or
at
6
the
person
from
which
the
claimant’s
claim
is
derived.
Funds
7
in
the
civil
reparations
trust
fund
are
used
for
purposes
of
8
indigent
civil
litigation
programs
or
insurance
assistance
9
programs.
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