REPRESENTATIVES Olman, Krupinski, Cirelli, G. Smith

To enact sections 9.315 and 9.316 of the Revised Code

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to prohibit an agent of a public authority, in

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issuing an invitation for bids or a request for

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proposals for a contract with the public authority,

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from requiring that any bond or insurance policy

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required under the contract be furnished by or

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acquired from a particular surety or insurance

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company or a particular agent or broker.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

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