As Introduced

136th General Assembly

Regular Session H. B. No. 603

2025-2026

Representative Moore

Cosponsors: Representatives Ritter, Johnson, Holmes

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.