As Passed by the House 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-CAREY-TIBERI- 10
OLMAN-AUSTRIA-EVANS-PERRY-ROMAN 11
_________________________________________________________________ 12
A B I L L
To amend section 2743.18 of the Revised Code to 14
eliminate the condition that the state must have 15
appealed a judgment or determination in a civil 16
action not based on tortious conduct in order for 17
a prevailing claimant on appeal to recover 18
specified postjudgment interest. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That section 2743.18 of the Revised Code be 23
amended to read as follows: 24
Sec. 2743.18. (A)(1) Prejudgment interest shall be 33
allowed with respect to a civil action on which a judgment or 34
determination is rendered against the state for the same period 35
of time and at the same rate as allowed between private parties 36
to a suit. 37
(2) The court of claims, in its discretion, may deny 39
prejudgment interest for any period of undue delay between the 40
commencement of the civil action and the entry of a judgment or 42
determination against the state, for which it finds the claimant 43
to have been responsible.
(B)(1) Except as otherwise provided in division (B)(2) of 46
this section, interest shall be allowed on a judgment or 47
determination rendered against the state in A civil actions
ACTION pursuant to this chapter at the same rate that is 49
2
applicable to judgments rendered against private parties to a 50
suit as specified in division (A) of section 1343.03 of the 51
Revised Code and for each day between the date of entry of the 52
judgment or the determination pursuant to division (C) of section 53
2743.10 of the Revised Code and the date of payment of the 54
judgment or the determination pursuant to division (C)(3) or (6) 56
of section 2743.19 of the Revised Code, or for sixty days from
the date of entry of the judgment or the determination, whichever 57
is less.
(2) If the court of claims renders a judgment pursuant to 59
this chapter against the state in a civil action or the clerk of 60
the court of claims enters an administrative determination under 61
section 2743.10 of the Revised Code against the state in a civil 63
action, the state appeals the judgment or the determination, the 64
civil action is not based on tortious conduct, and the claimant 65
in the court of claims prevails in the ANY appeal OF THE JUDGMENT 66
OR DETERMINATION, postjudgment interest shall be paid with 67
respect to the judgment or determination rendered against the 68
state at the same rate that is applicable to judgments rendered
against private parties to a suit as set forth in division (A) of 69
section 1343.03 of the Revised Code and for each day between the 71
date of entry of the judgment or the determination and the date 73
of payment of the judgment or the determination pursuant to
division (C)(3) or (6) of section 2743.19 of the Revised Code. 74
Section 2. That existing section 2743.18 of the Revised 76
Code is hereby repealed. 77
Section 3. Section 2743.18 of the Revised Code, as amended 79
by this act, applies to judgments rendered in the Court of Claims 80
and to administrative determinations rendered by the Clerk of the 82
Court of Claims on or after the effective date of this act.