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