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
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