Senate Study Bill 3129 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act providing for the award of attorney fees and litigation 1 costs in civil actions to prevailing parties and including 2 effective date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6208XC (4) 89 cm/jh

S.F. _____ Section 1. NEW SECTION . 625.30 Attorney fees and litigation 1 costs. 2 1. The court rendering a judgment for a claimant in a civil 3 action shall, as a part of the judgment or award, award all 4 attorney fees and litigation costs to the prevailing party. 5 2. If the court partially awards damages to a party or 6 if each party partially prevails in the action, the court 7 shall determine the extent to which each party is entitled 8 to litigation costs and reasonable attorney fees under this 9 section and award costs and attorney fees accordingly. 10 3. This section does not apply to actions by or against the 11 state, other governmental entities, or public officials acting 12 in their official capacity or under color of law. 13 Sec. 2. LEGISLATIVE PROPOSALS. The supreme court shall 14 submit legislative proposals, no later than November 28, 2022, 15 to the senate and house of representatives standing committees 16 on judiciary to amend the Code to resolve inconsistencies and 17 conflicts and to remove ambiguities in order to fully implement 18 this Act. 19 Sec. 3. EFFECTIVE DATE. This Act takes effect July 1, 2023, 20 except for the section of this Act that requires the supreme 21 court to submit legislative proposals to the senate and house 22 of representatives standing committees on judiciary regarding 23 this Act. 24 Sec. 4. APPLICABILITY. This Act applies to causes of action 25 accruing on or after July 1, 2023. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to attorney fees and litigation costs in 30 a civil action. The bill provides that a court shall award 31 to a prevailing party in a civil action all attorney fees and 32 litigation costs. If the court partially awards damages to 33 a party or if each party partially prevails in the action, 34 the bill requires the court to determine the extent to which 35 -1- LSB 6208XC (4) 89 cm/jh 1/ 2

S.F. _____ each party is entitled to costs and reasonable attorney fees 1 and to award the costs and attorney fees accordingly. The 2 bill does not apply to actions by or against the state, other 3 governmental entities, or public officials acting in their 4 official capacity or under color of law. Under current law, 5 a court is typically not required to award attorney fees and 6 litigation costs to a prevailing party in a civil action. 7 The bill requires the supreme court to submit legislative 8 proposals, no later than November 28, 2022, to the senate and 9 house of representatives standing committees on judiciary to 10 amend the Code to resolve inconsistencies and conflicts and to 11 remove ambiguities in order to fully implement the bill. 12 The bill takes effect July 1, 2023, except for the 13 requirement that the supreme court submit legislative proposals 14 to the senate and house of representatives standing committees 15 on judiciary. 16 The bill applies to causes of action accruing on or after 17 July 1, 2023. 18 -2- LSB 6208XC (4) 89 cm/jh 2/ 2