House File 2094 HOUSE FILE BY HORBACH Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the recovery of attorney fees in an award of 2 punitive or exemplary damages. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5330HH 80 5 rh/gg/14 PAG LIN 1 1 Section 1. Section 668A.1, subsection 2, paragraph b, Code 1 2 2003, is amended to read as follows: 1 3 b. If the answer or finding pursuant to subsection 1, 1 4 paragraph "b", is negative, after payment of all applicable 1 5 costs and fees, an amount not to exceed twenty=five percent of 1 6 the punitive or exemplary damages awarded may be ordered paid 1 7 to the claimant, with the remainder of the award to be ordered 1 8 paid into a civil reparations trust fund administered by the 1 9 state court administrator. Attorney fees shall not be 1 10 recoverable on any punitive or exemplary damages award to be 1 11 ordered paid to the civil reparations trust fund. Funds 1 12 placed in the civil reparations trust shall be under the 1 13 control and supervision of the executive council, and shall be 1 14 disbursed only for purposes of indigent civil litigation 1 15 programs or insurance assistance programs. The state court 1 16 administrator shall file a report with the general assembly 1 17 for each fiscal year, relating to the administration of the 1 18 fund. 1 19 EXPLANATION 1 20 This bill provides that attorney fees shall not be 1 21 recoverable on a punitive or exemplary damage award that has 1 22 been ordered to be paid to the civil reparations trust fund. 1 23 In addition, the bill requires the state court administrator 1 24 to file a report with the general assembly each fiscal year, 1 25 relating to the administration of the fund. 1 26 LSB 5330HH 80 1 27 rh/gg/14 1 28 1 29 1 30 1 31 1 32 1 33 1 34 1 35