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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 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 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, 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.
(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 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.