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 under the

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contract be furnished by or acquired from a

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particular surety or other company or a particular

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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, "public authority" means the state or a county,	12
township, municipal corporation, school district, or other	13
political subdivision of the state, or any public agency,	14
authority, board, commission, instrumentality, or special district	15
of the state or of a county, township, municipal corporation,	16
school district, or other political subdivision of the state.	17

(B) No officer, employee, or other agent of a public	18
authority, in issuing an invitation for bids or a request for	19
proposals for a contract with the public authority for the	20
rendering of services or the supplying of materials, or for the	21
construction, demolition, alteration, repair, or reconstruction of	22
any public building, structure, highway, or other improvement,	23
shall, directly or indirectly, require that any bid bond,	24
performance bond, payment bond, insurance bond, or other bond	25
required under the contract be furnished by or acquired from a	26
particular surety or other company or a particular agent or	27
broker.	28

Sec. 9.316. (A) A person that is likely to be damaged by a	29
violation of section 9.315 of the Revised Code may commence a	30
civil action for injunctive relief against the public authority,	31
and the court of common pleas involved in that action may grant	32
injunctive relief based on the principles of equity and on the	33
terms that the court considers reasonable. Proof of monetary	34
damage or loss of profits is not required in a civil action	35
commenced under this division.	36

(B) The court may award reasonable attorney's fees and	37
court costs to the prevailing party in a civil action authorized	38
by division (A) of this section.	39

Section 2. Sections 9.315 and 9.316 of the Revised Code, as	40
enacted by this act, apply only with respect to contracts that are	41
entered into on or after the effective date of this act.	42