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To enact sections 9.315 and 9.316 of the Revised Code | 1 |
to prohibit an agent of a public authority, in | 2 |
issuing an invitation for bids or a request for | 3 |
proposals for a contract with the public authority, | 4 |
from requiring that any bond or insurance policy | 5 |
required under the contract be furnished by or | 6 |
acquired from a particular surety or insurance | 7 |
company or a particular agent or broker. | 8 |
Section 1. That sections 9.315 and 9.316 of the Revised Code | 9 |
be enacted to read as follows: | 10 |
Sec. 9.315. (A) As used in sections 9.315 and 9.316 of the | 11 |
Revised Code: | 12 |
(1) "Public authority" means the state or a county, | 13 |
township, municipal corporation, school district, or other | 14 |
political subdivision of the state, or any public agency, | 15 |
authority, board, commission, instrumentality, or special district | 16 |
of the state or of a county, township, municipal corporation, | 17 |
school district, or other political subdivision of the state. | 18 |
(2) "Self-insured public authority" means a public authority | 19 |
that has been granted the privilege to self-insure a construction | 20 |
project against workers' compensation liability by the | 21 |
administrator of workers' compensation pursuant to division (O) of | 22 |
section 4123.35 of the Revised Code. | 23 |
(B) No officer, employee, or other agent of a public | 25 |
authority, in issuing an invitation for bids or a request for | 26 |
proposals for a contract with the public authority for the | 27 |
rendering of services or the supplying of materials, or for the | 28 |
construction, demolition, alteration, repair, or reconstruction of | 29 |
any public building, structure, highway, or other improvement, | 30 |
shall, directly or indirectly, require that any bid bond, | 31 |
performance bond, payment bond, or other bond, or any insurance | 32 |
policy, required under the contract be furnished by or acquired | 33 |
from a particular surety or insurance company or a particular | 34 |
agent or broker. | 35 |
(C) Divsion (B) of this section does not apply to any | 36 |
insurance policy entered into by a self-insured public authority | 37 |
in connection with a contract otherwise subject to this section. | 38 |
This division does not exempt any bid bond, performance bond, | 39 |
payment bond, or other bond from the appropriate application of | 40 |
division (B) of this section. | 41 |
Sec. 9.316. (A) A person that is likely to be damaged by a | 43 |
violation of section 9.315 of the Revised Code may commence a | 44 |
civil action for injunctive relief against the public authority, | 45 |
and the court of common pleas involved in that action may grant | 46 |
injunctive relief based on the principles of equity and on the | 47 |
terms that the court considers reasonable. Proof of monetary | 48 |
damage or loss of profits is not required in a civil action | 49 |
commenced under this division. | 50 |
(B) The court may award reasonable attorney's fees and | 51 |
court costs to the prevailing party in a civil action authorized | 52 |
by division (A) of this section. | 53 |
Section 2. Sections 9.315 and 9.316 of the Revised Code, as | 54 |
enacted by this act, apply only with respect to contracts that are | 55 |
entered into on or after the effective date of this act. | 56 |