SENATORS Austria, Blessing, Espy, Prentiss

To amend section 2721.16 of the Revised Code to

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exclude from the prohibition against awarding

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attorney's fees in declaratory relief claims the

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award of attorney's fees to a fiduciary,

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beneficiary, or other interested party to be paid

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out of trust or estate property in accordance with

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equitable principles.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2721.16 of the Revised Code be	8
amended to read as follows:	9

Sec. 2721.16.  (A)(1) A court of record shall not award	10
attorney's fees to any party on a claim or proceeding for	11
declaratory relief under this chapter unless aany of the	12
following applies:	13

(a) A section of the Revised Code explicitly authorizes a	14
court of record to award attorney's fees on a claim for	15
declaratory relief under this chapter or unless an.	16

(b) An award of attorney's fees is authorized by section	17
2323.51 of the Revised Code, by the Civil Rules, or by an award of	18
punitive or exemplary damages against the party ordered to pay	19
attorney's fees. References	20

(c) Regardless of whether a claim for declaratory relief is	21
granted under this chapter, a court of record awards attorney's	22
fees to a fiduciary, beneficiary, or other interested party, the	23
attorney's fees are to be paid out of trust property, estate	24
property, or other property that is the subject of a fiduciary	25
relationship and that is involved in that claim or proceeding for	26
declaratory relief, and the attorney's fees are awarded in	27
accordance with equitable principles that permit recovery of	28
attorney's fees incurred for services that are beneficial to the	29
trust or estate.	30

(2) References in another section of the Revised Code to an	31
award of costs or expenses incurred in connection with an action	32
or proceeding does not authorize an award of attorney's fees for	33
purposes of this division (A)(1) of this section.	34

(B) Consistent with section 2721.13 of the Revised Code, the	35
provisions of this section are remedial in nature. Notwithstanding	36
any provision of the Revised Code in existence on the day	37
immediately prior to the effective date of this sectionSeptember	38
24, 1999, notwithstanding any judicial construction prior to the	39
effective date of this sectionSeptember24, 1999, of a statutory	40
provision of that nature, notwithstanding the holding in any	41
decision of a court of this state, other than a decision based on	42
equitable principles described in division (A)(1)(c) of this	43
section, that authorized an award of attorney's fees to a party to	44
a civil action or proceeding based on common law grounds rather	45
than a statutory authorization of the general assembly, regardless	46
of the date upon which a cause of action accrued that pertains to	47
an action or proceeding in which declaratory relief is sought	48
under this chapter, and regardless of who is the plaintiff or the	49
defendant in an action or proceeding in which declaratory relief	50
is sought under this chapter, division (A) of this section shall	51
apply in connection with both of the following:	52

(1) An action or proceeding that is commenced on or after	53
the effective date of this sectionSeptember24, 1999, and that	54
seeks declaratory relief under this chapter;	55

(2) An action or proceeding that was commenced prior to the	56
effective date of this sectionSeptember24, 1999, that is pending	57
in a court of record on that date, and that seeks declaratory	58
relief under this chapter.	59

Section 2. That existing section 2721.16 of the Revised Code	60
is hereby repealed.	61