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hb603_02_PH
As Passed by the House
136th
General Assembly
Regular
Session
Am. H. B. No. 603
2025-2026
Representative Moore
Cosponsors: Representatives Ritter,
Johnson, Holmes, Robb Blasdel, Fischer, Rogers, Bird, Brennan, Salvo,
Sigrist, Stephens, Williams, Willis
To
enact section 6101.162 of the Revised Code
to
prohibit a conservancy district's board of directors from including
certain provisions, such as an indemnification clause, in a contract
for the procurement of goods or services.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 6101.162 of the Revised Code be enacted to read as follows:
Sec.
6101.162.
(A)
Except as otherwise required or permitted by state or federal law, a
contract entered into by a conservancy district for the procurement
of goods or services shall not include any of the following:
(1)
A provision that requires the conservancy district to indemnify or
hold harmless another person;
(2)
A provision that names a venue for any action or dispute against the
conservancy district other than a court of proper jurisdiction in the
state;
(3)
A provision that requires the conservancy district to agree to limit
the liability for any direct loss to the district for bodily injury,
death, or damage to property of the district 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 otherwise imposes an
indemnification obligation on the district;
(4)
A provision that requires the conservancy district to be bound by a
term or condition that is unknown to the district at the time of
signing a contract, that is not specifically negotiated with the
district, that may be unilaterally changed by the other party, or
that is electronically accepted by a district employee;
(5)
A provision that is inconsistent with the conservancy district's
obligations under section 149.43 of the Revised Code;
(6)
A provision that limits the conservancy district's ability to recover
the cost for a replacement contractor.
(B)
If a contract contains a term or condition described in division (A)
of this section, the term or condition is void ab initio. The
contract containing that term or condition otherwise is enforceable
as if it did not contain such term or condition.
(C)
This section does not apply to a contract in effect before the
effective date of this section or to the renewal or extension of a
contract in effect before the effective date of this section.