[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2369 Introduced in Senate (IS)]

  2d Session
                                S. 2369

 To amend title 49, United States Code, to waive federal preemption of 
State law providing for the awarding of punitive damages against motor 
  carriers for engaging in unfair or deceptive trade practices in the 
  processing of claims relating to loss, damage, injury, or delay in 
   connection with transportation of property in interstate commerce.


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                   IN THE SENATE OF THE UNITED STATES

                             April 6, 2000

   Mr. Kerry introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to waive federal preemption of 
State law providing for the awarding of punitive damages against motor 
  carriers for engaging in unfair or deceptive trade practices in the 
  processing of claims relating to loss, damage, injury, or delay in 
   connection with transportation of property in interstate commerce.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. STATE COURT AWARDS OF PUNITIVE DAMAGES FOR UNFAIR OR 
              DECEPTIVE PRACTICES OF MOTOR CARRIERS IN CONNECTION WITH 
              CLAIMS FOR LOSS, DAMAGE, INJURY, OR DELAY OF TRANSPORTED 
              PROPERTY.

    (a) Punitive Damages Authorized.--Section 14706 of title 49, United 
States Code, is amended by adding at the end the following:
    ``(h) Punitive Damages for Unfair or Deceptive Practices.--Nothing 
in this section limits the liability of a carrier for punitive damages 
authorized under applicable State law for any act or omission of the 
carrier in connection with the investigation, settlement, adjudication, 
or other aspect of the processing of a claim under this section that 
constitutes an unfair or deceptive trade practice under such State 
law.''.
    (e) Retroactive Effective Date and Applicability.--Subsection (h) 
of section 14706 of title 49, United States Code (as added by 
subsection (a)), shall take effect as of January 1, 1990, and shall 
apply with respect to receipts and bills of lading referred to in 
subsection (a)(1) of such section that are issued on or after that 
date.
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