Bill Text: IA SF228 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to tort liability, including employer liability and damages in civil actions involving commercial motor vehicles. (Formerly SSB 1114.) Effective date: 07/01/2023.
Spectrum: Committee Bill
Status: (Passed) 2023-05-12 - Signed by Governor. S.J. 1086. [SF228 Detail]
Download: Iowa-2023-SF228-Enrolled.html
Senate
File
228
-
Enrolled
Senate
File
228
AN
ACT
RELATING
TO
TORT
LIABILITY,
INCLUDING
EMPLOYER
LIABILITY
AND
DAMAGES
IN
CIVIL
ACTIONS
INVOLVING
COMMERCIAL
MOTOR
VEHICLES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
668.12A
No
liability
for
negligent
hiring
in
actions
involving
commercial
motor
vehicles.
1.
In
any
civil
action
involving
the
operation
of
a
commercial
motor
vehicle
requiring
a
commercial
driver’s
license,
there
shall
not
be
civil
liability
for
damages
for
an
employer’s
negligent
hiring
of
an
employee
if
all
of
the
following
apply:
a.
The
employer
complies
with
subsection
2.
b.
The
employee’s
actions
that
caused
the
claimant
damage
are
within
the
course
and
scope
of
the
employee’s
employment.
2.
On
motion
of
an
employer
who
is
a
defendant
in
a
civil
action
involving
the
operation
of
a
commercial
motor
vehicle
requiring
a
commercial
driver’s
license,
a
trial
court
shall
dismiss
from
the
civil
action
any
claim
of
the
employer’s
direct
negligence
in
hiring
the
employee
driver,
if
the
employer
stipulates
that
at
the
time
of
the
event
that
caused
the
damages
that
are
the
subject
of
the
civil
action
all
of
the
following
are
true:
a.
The
person
whose
negligence
is
alleged
to
have
caused
the
damages
was
the
employer’s
employee.
Senate
File
228,
p.
2
b.
The
person
whose
negligence
is
alleged
to
have
caused
the
damages
was
acting
within
the
course
and
scope
of
employment
with
the
employer.
3.
If
an
employer
makes
the
stipulations
in
subsection
2
with
respect
to
an
employee,
and
the
employee’s
negligence
is
found
to
have
caused
or
contributed
to
causing
the
damages,
the
employer’s
liability
for
negligent
hiring
shall
be
adjudged
solely
on
the
basis
of
respondeat
superior.
4.
As
used
in
this
section:
a.
“Commercial
motor
vehicle”
means
as
defined
in
section
321.1,
subsection
11,
paragraph
“f”
,
subparagraphs
(1),
(2),
and
(4),
and
also
includes
a
glider
kit
vehicle
as
defined
in
section
321.1,
subsection
28A;
a
road
tractor
as
defined
in
section
321.1,
subsection
64A;
a
towing
or
recovery
vehicle
as
defined
in
section
321.1,
subsection
83A;
and
a
truck
tractor
as
defined
in
section
321.1,
subsection
88.
b.
“Operation”
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,
subsection
11,
paragraph
“f”
,
subparagraphs
(1),
(2),
and
(4),
and
also
includes
a
glider
kit
vehicle
as
defined
in
section
321.1,
subsection
28A;
a
road
tractor
as
defined
in
section
321.1,
subsection
64A;
a
towing
or
recovery
vehicle
as
defined
in
section
321.1,
subsection
83A;
and
a
truck
tractor
as
defined
in
section
321.1,
subsection
88.
b.
“Inflation”
means
the
annual
percentage
change
in
the
United
States
department
of
labor,
bureau
of
labor
statistics,
consumer
price
index
for
all
urban
consumers
for
the
midwest
region,
all
items,
or
its
successor
index.
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
per
plaintiff
against
the
Senate
File
228,
p.
3
owner
or
operator
of
a
commercial
motor
vehicle
for
noneconomic
damages
for
personal
injury
or
death
in
a
civil
action
involving
the
operation
of
a
commercial
motor
vehicle
requiring
a
commercial
driver’s
license,
whether
in
tort
or
otherwise,
is
five
million
dollars.
This
limitation
on
damages
applies
regardless
of
the
number
of
derivative
claims
or
theories
of
liability
in
the
civil
action,
subject
to
subsection
3.
3.
Upon
motion
by
any
plaintiff
in
a
civil
action
against
the
owner
or
operator
of
a
commercial
motor
vehicle
requiring
a
commercial
driver’s
license
and
prior
to
entry
of
judgment
by
the
trial
court,
the
trial
court
shall
not
apply
the
limitation
on
damages
set
forth
in
subsection
2
if
the
trial
court
finds,
by
a
preponderance
of
the
evidence,
that
the
negligent
act
leading
to
the
plaintiff’s
claimed
harm
involved
any
of
the
following:
a.
Operating
a
commercial
motor
vehicle
with
an
alcohol
concentration,
as
defined
in
section
321J.1,
of
.04
or
more.
b.
Operating
a
commercial
motor
vehicle
under
the
influence
of
a
drug.
c.
A
refusal
to
submit
to
chemical
testing
required
under
chapter
321J.
d.
A
felony
involving
the
use
of
a
motor
vehicle.
e.
The
use
of
a
commercial
motor
vehicle
involving
the
manufacturing,
distributing,
or
dispensing
of
a
controlled
substance
as
defined
in
section
124.101;
not
including
the
lawful
transport
for
hire
of
a
controlled
substance.
f.
Knowingly
operating
a
commercial
motor
vehicle
without
a
proper
license,
or
while
the
person’s
commercial
driver’s
license
is
revoked,
suspended,
or
canceled,
or
while
the
person
is
otherwise
disqualified
from
operating
a
commercial
motor
vehicle.
g.
Operating
a
commercial
motor
vehicle
without
the
possession
of
a
commercial
driver’s
license
or
commercial
learner’s
permit
valid
for
the
vehicle
operated.
h.
Operating
a
commercial
motor
vehicle
involving
an
act
or
practice
of
human
trafficking
as
defined
in
section
710A.1.
i.
Reckless
driving,
as
described
in
section
321.277.
j.
Use
of
an
electronic
communication
device
while
driving,
as
described
in
section
321.276.
Senate
File
228,
p.
4
k.
Speeding
fifteen
miles
per
hour
or
more
over
the
legal
speed
limit.
l.
Violating
any
state
or
local
law
or
ordinance
restricting
or
prohibiting
the
use
of
a
mobile
telephone,
computer,
tablet,
or
other
device
that
is
not
a
part
of
the
vehicle
while
operating
the
vehicle.
4.
a.
The
limitation
on
damages
set
forth
in
subsection
2
does
not
apply
to
any
case
involving
operation
of
a
vehicle
that
does
not
require
a
commercial
driver’s
license.
b.
The
limitation
on
damages
set
forth
in
subsection
2
does
not
apply
to
a
civil
action
involving
the
operation
of
a
commercial
motor
vehicle
serving
as
a
common
carrier
of
passengers,
or
a
commercial
motor
vehicle
that
is
primarily
engaged
in
transporting
passengers,
or
a
commercial
motor
vehicle
as
defined
in
section
321.1,
subsection
11,
paragraph
“f”
,
subparagraph
(3);
commercial
vehicle
as
defined
in
section
321.1,
subsection
12,
paragraph
“c”
;
school
bus
as
defined
in
section
321.1,
subsection
69;
or
other
passenger
transport.
5.
The
limitation
on
damages
set
forth
in
subsection
2
shall
be
adjusted
for
inflation
by
the
secretary
of
state
on
January
1,
2028,
and
on
January
1
of
each
even-numbered
year
thereafter.
The
secretary
of
state
shall
certify
and
publish
the
adjusted
limitation
on
damages
within
fourteen
days
after
the
appropriate
information
is
available.
Sec.
3.
Section
668A.1,
subsection
2,
paragraphs
a
and
b,
Code
2023,
as
amended
by
2023
Iowa
Acts,
House
File
161,
section
4,
are
amended
to
read
as
follows:
a.
If
the
answer
or
finding
pursuant
to
subsection
1
,
paragraph
“b”
,
is
affirmative,
or
if
the
claim
is
against
any
physician
and
surgeon,
osteopathic
physician
and
surgeon,
dentist,
podiatric
physician,
optometrist,
pharmacist,
chiropractor,
physician
assistant,
or
nurse,
licensed
under
chapter
147,
or
a
hospital
licensed
under
chapter
135B,
arising
out
of
patient
care,
or
if
the
claim
is
part
of
a
civil
action
involving
the
operation
of
a
commercial
motor
vehicle,
then
the
full
amount
of
the
punitive
or
exemplary
damages
awarded
shall
be
paid
to
the
claimant.
b.
If
the
answer
or
finding
pursuant
to
subsection
1
,
paragraph
“b”
,
is
negative,
and
if
the
claim
is
not
against
Senate
File
228,
p.
5
any
physician
and
surgeon,
osteopathic
physician
and
surgeon,
dentist,
podiatric
physician,
optometrist,
pharmacist,
chiropractor,
physician
assistant,
or
nurse,
licensed
under
chapter
147,
or
a
hospital
licensed
under
chapter
135B,
arising
out
of
patient
care,
and
if
the
claim
is
not
part
of
a
civil
action
involving
the
operation
of
a
commercial
motor
vehicle,
then
after
payment
of
all
applicable
costs
and
fees,
an
amount
not
to
exceed
twenty-five
percent
of
the
punitive
or
exemplary
damages
awarded
may
be
ordered
paid
to
the
claimant,
with
the
remainder
of
the
award
to
be
ordered
paid
into
a
civil
reparations
trust
fund
administered
by
the
state
court
administrator.
Funds
placed
in
the
civil
reparations
trust
shall
be
under
the
control
and
supervision
of
the
executive
council,
and
shall
be
disbursed
only
for
purposes
of
indigent
civil
litigation
programs
or
insurance
assistance
programs.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
228,
Ninetieth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor
