As Reported by the Senate Judiciary 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-CAREY-TIBERI- 10
OLMAN-AUSTRIA-EVANS-PERRY-ROMAN-SENATORS JOHNSON-HERINGTON 11
_________________________________________________________________ 13
A B I L L
To amend section 2743.18 of the Revised Code to 15
eliminate the condition that the state must have 16
appealed a judgment or determination in a civil 17
action not based on tortious conduct in order for 18
a prevailing claimant on appeal to recover 19
specified postjudgment interest. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That section 2743.18 of the Revised Code be 24
amended to read as follows: 25
Sec. 2743.18. (A)(1) Prejudgment interest shall be 34
allowed with respect to a civil action on which a judgment or 35
determination is rendered against the state for the same period 36
of time and at the same rate as allowed between private parties 37
to a suit. 38
(2) The court of claims, in its discretion, may deny 40
prejudgment interest for any period of undue delay between the 41
commencement of the civil action and the entry of a judgment or 43
determination against the state, for which it finds the claimant 44
to have been responsible.
(B)(1) Except as otherwise provided in division (B)(2) of 47
this section, interest shall be allowed on a judgment or 48
determination rendered against the state in A civil actions
ACTION pursuant to this chapter at the same rate that is 50
2
applicable to judgments rendered against private parties to a 51
suit as specified in division (A) of section 1343.03 of the 52
Revised Code and for each day between the date of entry of the 53
judgment or the determination pursuant to division (C) of section 54
2743.10 of the Revised Code and the date of payment of the 55
judgment or the determination pursuant to division (C)(3) or (6) 57
of section 2743.19 of the Revised Code, or for sixty days from
the date of entry of the judgment or the determination, whichever 58
is less.
(2) If the court of claims renders a judgment pursuant to 60
this chapter against the state in a civil action or the clerk of 61
the court of claims enters an administrative determination under 62
section 2743.10 of the Revised Code against the state in a civil 64
action, the state appeals the judgment or the determination, the 65
civil action is not based on tortious conduct, and the claimant 66
in the court of claims prevails in the ANY appeal OF THE JUDGMENT 67
OR DETERMINATION, postjudgment interest shall be paid with 68
respect to the judgment or determination rendered against the 69
state at the same rate that is applicable to judgments rendered
against private parties to a suit as set forth in division (A) of 70
section 1343.03 of the Revised Code and for each day between the 72
date of entry of the judgment or the determination and the date 74
of payment of the judgment or the determination pursuant to
division (C)(3) or (6) of section 2743.19 of the Revised Code. 75
Section 2. That existing section 2743.18 of the Revised 77
Code is hereby repealed. 78
Section 3. Section 2743.18 of the Revised Code, as amended 80
by this act, applies to judgments rendered in the Court of Claims 81
and to administrative determinations rendered by the Clerk of the 83
Court of Claims on or after the effective date of this act.