SENATORS Nein, Mumper

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

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authority, from requiring that any bond or

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insurance policy required under the contract be

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furnished by or acquired from a particular surety

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or insurance company or a particular agent or

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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	10
be enacted to read as follows:	11

Sec. 9.315. (A) As used in sections 9.315 and 9.316 of the	12
Revised Code, "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

(B) No officer, employee, or other agent of a public	19
authority, in issuing an invitation for bids or a request for	20
proposals for a contract with the public authority for the	21
rendering of services or the supplying of materials, or for the	22
construction, demolition, alteration, repair, or reconstruction of	23
any public building, structure, highway, or other improvement,	24
shall, directly or indirectly, require that any bid bond,	25
performance bond, payment bond, or other bond, or any insurance	26
policy, required under the contract be furnished by or acquired	27
from a particular surety or insurance company or a particular	28
agent or broker.	29

Sec. 9.316. (A) A person that is likely to be damaged by a	30
violation of section 9.315 of the Revised Code may commence a	31
civil action for injunctive relief against the public authority,	32
and the court of common pleas involved in that action may grant	33
injunctive relief based on the principles of equity and on the	34
terms that the court considers reasonable. Proof of monetary	35
damage or loss of profits is not required in a civil action	36
commenced under this division.	37

(B) The court may award reasonable attorney's fees and	38
court costs to the prevailing party in a civil action authorized	39
by division (A) of this section.	40

Section 2. Sections 9.315 and 9.316 of the Revised Code, as	41
enacted by this act, apply only with respect to contracts that are	42
entered into on or after the effective date of this act.	43