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As Reported by House Civil and Commercial Law Committee
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 60 |
REPRESENTATIVES WOMER BENJAMIN-WILLAMOWSKI-
CORBIN-HAINES-PRINGLE-JACOBSON-GRENDELL-MOTTLEY-
GOODMAN-FORD-CALLENDER-BUCHY-SALERNO
A BILL
To amend section 2743.18 of the Revised Code to eliminate the
condition that the state must have appealed a judgment or
determination in a civil action not based on tortious conduct in
order for a prevailing claimant on appeal to
recover specified
postjudgment interest.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2743.18 of the Revised Code be amended
to read as follows:
Sec. 2743.18. (A)(1) Prejudgment interest shall be allowed
with respect to a civil action on which a judgment or
determination is rendered against the state for the same period
of time and at the same rate as allowed between private parties
to a suit.
(2) The court of claims, in its discretion, may deny
prejudgment interest for any period of undue delay between the
commencement of the civil action and the entry of a judgment
or determination against the state, for which it finds the
claimant to have been responsible.
(B)(1) Except as otherwise provided in division
(B)(2) of this section, interest shall be allowed on a judgment
or determination rendered against the state in A civil actions
ACTION
pursuant to this chapter at the same rate that is applicable
to judgments rendered against private parties to a suit as specified
in division (A) of section 1343.03 of the Revised Code and for each day
between the date of entry of the judgment or the determination pursuant to
division (C) of section 2743.10 of the Revised Code and the date
of payment of the judgment or the determination pursuant to division
(C)(3) or
(6) of section 2743.19 of the Revised Code, or for sixty days from the date of
entry of the judgment or the determination, whichever is less.
(2) If the court of claims renders a judgment pursuant to this
chapter against the state in a civil action or the clerk of the court of
claims enters an administrative determination under section 2743.10 of the
Revised Code
against the state in a civil action, the state appeals the judgment or the
determination, the civil action is not based on tortious conduct, and the
claimant in the court of claims prevails in the ANY appeal OF
THE JUDGMENT OR DETERMINATION, postjudgment interest
shall be paid with respect to the judgment or determination rendered against
the state at the same rate that is applicable to judgments rendered against
private parties to a suit as set forth in division (A) of section
1343.03 of the Revised Code and for each
day between the date of entry of the judgment or the
determination and the
date of payment of the judgment or the determination pursuant to
division (C)(3) or (6) of section 2743.19 of the Revised Code.
Section 2. That existing section 2743.18 of the Revised Code is
hereby repealed.
Section 3. Section 2743.18 of the Revised Code, as amended by
this act, applies to judgments rendered in the Court of Claims
and to administrative determinations rendered by the Clerk of
the Court of Claims on or after the effective date of this act.
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