As Passed by the Senate 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- 12
SENATORS JOHNSON-HERINGTON-WATTS 12
_________________________________________________________________ 14
A B I L L
To amend section 2743.18 of the Revised Code to 16
eliminate the condition that the state must have 17
appealed a judgment or determination in a civil 18
action not based on tortious conduct in order for 19
a prevailing claimant on appeal to recover 20
specified postjudgment interest. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 2743.18 of the Revised Code be 25
amended to read as follows: 26
Sec. 2743.18. (A)(1) Prejudgment interest shall be 35
allowed with respect to a civil action on which a judgment or 36
determination is rendered against the state for the same period 37
of time and at the same rate as allowed between private parties 38
to a suit. 39
(2) The court of claims, in its discretion, may deny 41
prejudgment interest for any period of undue delay between the 42
commencement of the civil action and the entry of a judgment or 44
determination against the state, for which it finds the claimant 45
to have been responsible.
(B)(1) Except as otherwise provided in division (B)(2) of 48
this section, interest shall be allowed on a judgment or 49
determination rendered against the state in A civil actions
2
ACTION pursuant to this chapter at the same rate that is 51
applicable to judgments rendered against private parties to a 52
suit as specified in division (A) of section 1343.03 of the 53
Revised Code and for each day between the date of entry of the 54
judgment or the determination pursuant to division (C) of section 55
2743.10 of the Revised Code and the date of payment of the 56
judgment or the determination pursuant to division (C)(3) or (6) 58
of section 2743.19 of the Revised Code, or for sixty days from
the date of entry of the judgment or the determination, whichever 59
is less.
(2) If the court of claims renders a judgment pursuant to 61
this chapter against the state in a civil action or the clerk of 62
the court of claims enters an administrative determination under 63
section 2743.10 of the Revised Code against the state in a civil 65
action, the state appeals the judgment or the determination, the 66
civil action is not based on tortious conduct, and the claimant 67
in the court of claims prevails in the ANY appeal OF THE JUDGMENT 68
OR DETERMINATION, postjudgment interest shall be paid with 69
respect to the judgment or determination rendered against the 70
state at the same rate that is applicable to judgments rendered
against private parties to a suit as set forth in division (A) of 71
section 1343.03 of the Revised Code and for each day between the 73
date of entry of the judgment or the determination and the date 75
of payment of the judgment or the determination pursuant to
division (C)(3) or (6) of section 2743.19 of the Revised Code. 76
Section 2. That existing section 2743.18 of the Revised 78
Code is hereby repealed. 79
Section 3. Section 2743.18 of the Revised Code, as amended 81
by this act, applies to judgments rendered in the Court of Claims 82
and to administrative determinations rendered by the Clerk of the 84
Court of Claims on or after the effective date of this act.