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Senate approves compromise version of judicial interest bill after floor amendment fails
Summary
Senate Bill 212, changing rules on recovery of pre-judgment interest in civil cases, failed to carry a floor amendment but passed final passage after extended debate 21–8. Sponsors said the measure reflects compromise language intended to limit interest awards except when certain pre-trial offers were made.
Senators on the floor passed Senate Bill 212, a judicial-code change affecting how pre-judgment interest is awarded in civil cases, following a day of debate and a failed amendment to narrow recovery rules.
Sponsor Senator Okerlund presented Amendment 7 as a negotiated compromise. She said the change would limit when plaintiffs may recover claimed interest, describing the amendment: “the plaintiff is entitled to recover any claimed interest on special damages actually incurred only if no later than 30 days prior to the commencement of trial the plaintiff extends to the defendant a written offer of settlement and that offer is within 20% of the total amount of damages awarded at trial against that defendant.”
Opponents criticized the amendment as reverting to previous law and unfair to injured plaintiffs. Senator Hillier said he “speaks against this motion,” arguing the amendment largely restored the prior regime and that insurers had driven the proposal. Senator Valentine and others also opposed the change, urging the body to retain the compromise adopted earlier in the session.
Members debated technical points — including whether defendants should have reciprocal obligations if plaintiffs submit settlement offers — and whether the statute’s interest-rate language had been properly calibrated. After floor consideration the amendment was moved, discussed and ultimately failed. The Senate then proceeded to final passage of SB212 as it appeared on the third-reading calendar.
The bill passed on a roll-call vote recorded by the presiding officer: 21 yea, 8 nay, 0 absent. The measure will be transmitted to the House for further consideration.
What’s next: The bill goes to the House for its consideration; sponsors said additional negotiation remains possible as it moves between chambers.
