Pictured are County Commissioners Association of Ohio Policy staffers Kyle Petty, Rachel Reedy, and James Kennedy attended the House Bill 497 signing ceremony with sponsors Brian Stewart and Roy Klopfenstein, their legislative aides, Governor Mike DeWine, and Lt. Governor Jon Husted. Photo courtesy the County Commissioners Association of Ohio.

Pictured are County Commissioners Association of Ohio Policy staffers Kyle Petty, Rachel Reedy, and James Kennedy attended the House Bill 497 signing ceremony with sponsors Brian Stewart and Roy Klopfenstein, their legislative aides, Governor Mike DeWine, and Lt. Governor Jon Husted. Photo courtesy the County Commissioners Association of Ohio.

On Jan. 8, Governor DeWine signed House Bill 497 (Representatives Brian Stewart and Roy Klopfenstein). The language in HB 497 will become effective 90 days after the Governor’s signature, which places the bill’s effective date on April 8, 2025.

As a reminder, the following provisions were included in the final version of HB 497:

Approval of plans for courthouse or jail projects

The bill adds a $75,000 threshold for boards of commissioners to approve courthouse or jail renovation/repair projects without the approval of the clerk of the court of common pleas, the sheriff, the probate judge, and the appointee of the judge of the court of common pleas. The board of commissioners may seek the advice of these elected officials. If the project exceeds the $75,000 threshold, the current approval process in R.C. 153.36 remains in effect.

Contracts submitted to the prosecuting attorney

The bill increases the dollar threshold for contracts the board of commissioners must submit to the county prosecutor for approval to $20,000. This statute was last updated in 1953.

County contract terms and conditions

The bill makes certain terms and conditions unenforceable if they are included in county contracts, including an indemnity clause, a requirement for binding arbitration, and the naming of a court or venue for legal action outside of the county. The language is based on an existing law that applies to state contracts.

Resolutions for disposing of unneeded personal property

The bill raises the dollar threshold for a board of county commissioners’ requirement to pass a resolution to sell or donate unnecessary or obsolete personal property to $5,000.

Design services for county improvements

The bill exempts “minor repairs” from needing professional design or engineering services and defines them. The definition of “minor repairs” was copied from the Ohio Administrative Code.

Electronic notice requirements

The bill modifies notice requirements for county competitive bidding to allow publication in a newspaper, a newspaper’s website, the state public notice website, or the county’s website and social media account.

Locations of construction plans

The bill changes the location for holding construction plans, drawings, representations, bills of material, specifications of work, and estimates for public improvements, the building of a county home, the building of a children’s home, and courthouse or jail renovation/repair projects under $25,000 to the board of commissioners. Current law requires the county auditor to keep these items.

Transportation Improvement District legal services

The bill allows Transportation Improvement Districts (TIDs) to contract with the county prosecuting attorney for legal services.

Public records commission

The language allows the county public records commission to meet upon the chairperson’s call rather than at least every six months.

Designating county depositories

The bill allows commissioners to add additional public depositories one additional time during the four-year designation period in current law.

Competitive bidding notification requirements

The bill updates competitive bidding notification requirements to align with changes made in the state operating budget last year. Current law requires counties to provide notice of competitive bidding opportunities for any project estimated to cost more than $50,000 instead of the updated competitive bidding threshold enacted by the operating budget.

Coroners

The final bill now includes provisions related to county coroners contained in SB 255, including language defining private practice of medicine to include the performance of an autopsy at the request of another person, including another coroner, a hospital, a business entity, an institution of higher education, or any other person. The bill also aligns the fees at $350 per hour that a coroner or deputy coroner can charge for providing expert testimony at a trial, hearing, or deposition in a civil action.

Children services caseworker educational requirements

The bill provides more flexible educational requirements upon hiring a children services caseworker and gives a PCSA director the permissive authority to waive the requirement that an employee in good standing obtain a job-related bachelor’s degree within five years of employment.

Juvenile court transfer

The bill specifies that any court cost, fine, restitution, or other monetary penalty imposed at the time of a transfer to the juvenile court of the child’s residence is not a final, appealable order.

Erie County Municipal Courts

The language adds municipal courts in Erie County to the list of courts with territorial jurisdiction of the international boundary on Lake Erie in R.C. 1901.023.

Land Conveyances

The bill includes two land conveyance measures in Montgomery and Knox Counties.

CCAO will release a County Advisory Bulletin (CAB) on this bill prior to its effective date. Additionally, the policy team will release CABs on other bills passed and enacted during the 135th General Assembly Lame Duck Session.

If you have questions about HB 497, please contact the Policy Team at policy@ccao.org.