As Introduced
136th General Assembly
Regular Session H. B. No. 202
2025-2026
Representative Hall, T.
To amend section 9.27 and to enact sections 101.37,
125.074, and 126.024 of the Revised Code to
establish the Joint Legislative Information
Technology Oversight Committee and to expressly
authorize state procurement of services and
supplies through online marketplaces.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 9.27 be amended and sections
101.37, 125.074, and 126.024 of the Revised Code be enacted to
read as follows:
Sec. 9.27. (A) As used in this section, "state" and "state
agency" mean the state of Ohio, including the governor,
lieutenant governor, secretary of state, auditor of state,
attorney general, and treasurer of state, and all departments,
boards, offices, commissions, agencies, institutions, and other
instrumentalities of the state of Ohio, but not including the
general assembly or any legislative agency, or any court or
judicial agency.
(B) Except as otherwise required or permitted by state or
federal law, a contract entered into by the state for the
procurement of goods or services shall not include any of the
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following:
(1) A provision that requires the state to indemnify or
hold harmless another person.
(2) A provision by which the state agrees to binding
arbitration or any other binding extra-judicial dispute
resolution process.
(3) A provision that names a venue for any action or
dispute against the state other than a court of proper
jurisdiction in Franklin county, Ohio.
(4) A provision that requires the state to agree to limit
the liability for any direct loss to the state for bodily
injury, death, or damage to property of the state caused by the
negligence, intentional or willful misconduct, fraudulent act,
recklessness, or other tortious conduct of a person or a
person's employees or agents, or a provision that would
otherwise impose an indemnification obligation on the state.
(5) A provision that requires the state to be bound by a
term or condition that is unknown to the state at the time of
signing a contract, that is not specifically negotiated with the
state, that may be unilaterally changed by the other party, or
that is electronically accepted by a state employee.
(6) A provision that provides for a person other than the
attorney general to serve as legal counsel for the state or for
any state agency, unless allowed for under the process set forth
in section 109.07 of the Revised Code.
(7) A provision that is inconsistent with the state's
obligations under section 149.43 of the Revised Code.
(8) A provision for automatic renewal such that state
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funds are or would be obligated in subsequent fiscal years.
(9) A provision that limits the state's ability to recover
the cost of cover for a replacement contractor.
(10) With respect to a purchase in which a state agency
receives a license to use a software application designed to run
on generally available desktop or server hardware or cloud
platforms, a requirement that the state agency install or run
the software on hardware or in a cloud platform dedicated solely
to the state agency, or a provision that otherwise restricts the
state agency from installing or running the software on hardware
or in a cloud platform of the state agency's choosing.
(C) If a contract contains a term or condition described
in division (B) of this section, the term or condition is void
ab initio, and the contract containing that term or condition
otherwise shall be enforceable as if it did not contain such
term or condition.
(D) A contract that contains a term or condition described
in division (B) of this section shall be governed by and
construed in accordance with Ohio law notwithstanding any term
or condition to the contrary in the contract.
(E) This section does not apply to a contract in effect
before the effective date of this section September 30, 2021, or
to the renewal or extension of a contract in effect before the
effective date of this section that date.
Sec. 101.37. (A) As used in this section, "information
technology systems and services" includes all of the following:
(1) Internet service;
(2) Information technology hardware, software, security,
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services, and staff;
(3) Contracts with respect to any services related to
maintaining and repairing information technology systems;
(4) Projects undertaken with respect to information
technology.
(B) The joint legislative information technology oversight
committee is created. The committee shall review the annual
report of the director of budget and management that is prepared
under section 126.024 of the Revised Code. The committee may
require the director of budget and management, and the state
chief information officer appointed under section 125.18 of the
Revised Code, to appear and testify before the committee.
(C) The joint legislative information technology oversight
committee consists of the following members:
(1) Three members of the senate appointed by the president
of the senate, two of whom are members of the majority party and
one of whom is a member of the minority party;
(2) Three members of the house of representatives
appointed by the speaker of the house of representatives, two of
whom are members of the majority party and one of whom is a
member of the minority party.
(D) The term of each committee member shall begin on the
day of appointment to the committee and end on the last day of
the member's term in the general assembly during which the
member was appointed to the committee. The president of the
senate and speaker of the house of representatives shall make
appointments not later than fifteen days after the commencement
of the first regular session of each general assembly. A vacancy
shall be filled in the same manner as the original appointment.
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(E) In odd-numbered years, the speaker of the house of
representatives shall designate one of the majority members from
the house of representatives as the chairperson of the
committee. In even-numbered years, the president of the senate
shall designate one of the majority members from the senate as
the chairperson of the committee.
(F) In appointing members from the minority, and in
designating ranking minority members, the president of the
senate and speaker of the house of representatives shall consult
with the minority leader of their respective houses.
(G) The committee shall meet at the call of the
chairperson. The chairperson shall call the committee to meet
not less often than once every six months.
Sec. 125.074. (A) As used in this section, "online
marketplace" has the same meaning as in section 1349.65 of the
Revised Code.
(B) Whenever the director of administrative services
determines that the procurement through an online marketplace is
advantageous to the state, the director, in accordance with
rules the director shall adopt under Chapter 119. of the Revised
Code, may purchase services via the online marketplace.
(C) The director, by rule, may authorize a state agency
that is authorized to procure services or supplies directly to
purchase them via an online marketplace in the same manner as
this section and the rules adopted under this section authorize
the director to do.
(D) Procurement through an online marketplace shall comply
with section 125.05 of the Revised Code.
Sec. 126.024. (A) As used in this section, "information
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technology systems and services" has the same meaning as in
section 101.37 of the Revised Code.
(B) The director of budget and management annually shall
prepare a report that includes the total expenditures of each
state agency on information technology systems and services for
the previous fiscal year. The report also shall include any
additional information requested by the chairperson of the joint
legislative information technology oversight committee under
section 101.37 of the Revised Code. The report shall be provided
to the general assembly in the manner specified in division (B)
of section 101.68 of the Revised Code.
(C) Each state agency shall submit to the director of
budget and management any information the director requires for
the compliance of this section, in such form and at such times
as the director prescribes.
Section 2. That existing section 9.27 of the Revised Code
is hereby repealed.
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