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(Amended Senate Bill Number 109)
To enact sections 9.315 and 9.316 of the Revised Code
to prohibit an agent of a public authority, in
issuing an invitation for bids or a request for
proposals for a contract with the public
from requiring that any bond or
required under the
furnished by or
acquired from a
company or a particular
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
be enacted to read as follows:
Sec. 9.315. (A) As used in sections 9.315 and 9.316 of the
(1) "Public authority" means the state or a county,
township, municipal corporation, school district, or other
political subdivision of the state, or any public agency,
authority, board, commission, instrumentality, or special district
of the state or of a county, township, municipal corporation,
school district, or other political subdivision of the state.
(2) "Self-insured public authority" means a public authority
that has been granted the privilege to self-insure a construction
project against workers' compensation liability by the
administrator of workers' compensation pursuant to division (O) of
section 4123.35 of the Revised Code.
(B) No officer, employee, or other agent of a public
authority, in issuing an invitation for bids or a request for
proposals for a contract with the public authority for the
rendering of services or the supplying of materials, or for the
construction, demolition, alteration, repair, or reconstruction of
any public building, structure, highway, or other improvement,
shall, directly or indirectly, require that any bid bond,
performance bond, payment bond, or other bond, or any insurance
required under the
contract be furnished by or acquired
insurance company or a particular
(C) Divsion (B) of this section does not apply to any
insurance policy entered into by a self-insured public authority
in connection with a contract otherwise subject to this section.
This division does not exempt any bid bond, performance bond,
payment bond, or other bond from the appropriate application of
division (B) of this section.
Sec. 9.316. (A) A person that is likely to be damaged by
violation of section 9.315 of the Revised Code may commence a
civil action for injunctive relief against the public authority,
and the court of common pleas involved in that action may grant
injunctive relief based on the principles of equity and on the
terms that the court considers reasonable. Proof of monetary
damage or loss of profits is not required in a civil action
commenced under this division.
(B) The court may award reasonable attorney's fees and
court costs to the prevailing party in a civil action
by division (A) of this section.
SECTION 2. Sections 9.315 and 9.316 of the Revised Code, as
enacted by this act, apply only with respect to contracts that are
entered into on or after the effective date of this act.