As Reported by House Civil and Commercial Law Committee 1
123rd General Assembly 4
Regular Session H. B. No. 60 5
1999-2000 6
REPRESENTATIVES WOMER BENJAMIN-WILLAMOWSKI- 8
CORBIN-HAINES-PRINGLE-JACOBSON-GRENDELL-MOTTLEY- 9
GOODMAN-FORD-CALLENDER-BUCHY-SALERNO 10
_________________________________________________________________ 11
A B I L L
To amend section 2743.18 of the Revised Code to 13
eliminate the condition that the state must have 14
appealed a judgment or determination in a civil 15
action not based on tortious conduct in order for 16
a prevailing claimant on appeal to recover 17
specified postjudgment interest. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That section 2743.18 of the Revised Code be 22
amended to read as follows: 23
Sec. 2743.18. (A)(1) Prejudgment interest shall be 32
allowed with respect to a civil action on which a judgment or 33
determination is rendered against the state for the same period 34
of time and at the same rate as allowed between private parties 35
to a suit. 36
(2) The court of claims, in its discretion, may deny 38
prejudgment interest for any period of undue delay between the 39
commencement of the civil action and the entry of a judgment or 41
determination against the state, for which it finds the claimant 42
to have been responsible.
(B)(1) Except as otherwise provided in division (B)(2) of 45
this section, interest shall be allowed on a judgment or 46
determination rendered against the state in A civil actions
ACTION pursuant to this chapter at the same rate that is 48
applicable to judgments rendered against private parties to a 49
2
suit as specified in division (A) of section 1343.03 of the 50
Revised Code and for each day between the date of entry of the 51
judgment or the determination pursuant to division (C) of section 52
2743.10 of the Revised Code and the date of payment of the 53
judgment or the determination pursuant to division (C)(3) or (6) 55
of section 2743.19 of the Revised Code, or for sixty days from
the date of entry of the judgment or the determination, whichever 56
is less.
(2) If the court of claims renders a judgment pursuant to 58
this chapter against the state in a civil action or the clerk of 59
the court of claims enters an administrative determination under 60
section 2743.10 of the Revised Code against the state in a civil 62
action, the state appeals the judgment or the determination, the 63
civil action is not based on tortious conduct, and the claimant 64
in the court of claims prevails in the ANY appeal OF THE JUDGMENT 65
OR DETERMINATION, postjudgment interest shall be paid with 66
respect to the judgment or determination rendered against the 67
state at the same rate that is applicable to judgments rendered
against private parties to a suit as set forth in division (A) of 68
section 1343.03 of the Revised Code and for each day between the 70
date of entry of the judgment or the determination and the date 72
of payment of the judgment or the determination pursuant to
division (C)(3) or (6) of section 2743.19 of the Revised Code. 73
Section 2. That existing section 2743.18 of the Revised 75
Code is hereby repealed. 76
Section 3. Section 2743.18 of the Revised Code, as amended 78
by this act, applies to judgments rendered in the Court of Claims 79
and to administrative determinations rendered by the Clerk of the 81
Court of Claims on or after the effective date of this act.