On June 25th, 2025, Ohio’s House and Senate passed operating appropriations bill HB 96, which Governor Mike DeWine signed into law on June 30th. HB 96 set the state’s budget for the upcoming FY 2026-27 and by extension determined which state departments and programs are slated to receive funding in the coming fiscal year.
Effective September 30th, 2025, HB 96 significantly alters the state’s affirmative action programs for contractors by eliminating the Department of Development’s affirmative action provisions for most businesses that provide goods and services and construction work for the state and its political subdivisions. Specifically, the bill:
- Removes the requirement for state contractors to maintain a written affirmative action plan for the utilization of people who are disadvantaged due to their culture, race, ethnicity or other similar reasons; and;
- Repeals a requirement that contractors receive and periodically renew a certificate of compliance with affirmative action programs before bidding on a public improvement construction or transportation construction contracts.
The prohibition does not apply to either of the following:
- County policies to assist minority business enterprises in competitively bidding on public contracts; and
- Any set-aside programs for minority business enterprises or EDGE business enterprises.
As of this blog’s published date, changes in affirmative action compliance at the state level have not affected the enforcement of Ohio’s many county and local-level requirements for employers and contractors.
