CCAO Statehouse Report - January 28, 2022

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THE STATEHOUSE REPORT
January 28, 2022

A publication of the County Commissioners Association of Ohio Printer Friendly Version

Wayne County Commissioner Ron Amstutz testifies before the Senate Finance Committee on the need for a jail funding formula as contained in House Bill 101

CCAO testifies in support of county jail funding formula legislation

One of CCAO’s primary policy priorities this year is state funding for constructing, expanding and repairing Ohio’s aging county jail facilities. The association took another step in that effort this week by providing proponent testimony on House Bill 101, which would establish a funding formula to help guide future state investment.

Testifying on behalf of CCAO was Wayne County Commissioner Ron Amstutz. In his testimony to the Senate Finance Committee, Amstutz emphasized the fundamental challenge that many counties face today regarding their jail facilities:

“Many counties today rely on jail facilities that are ill-equipped to house growing inmate populations. In particular, the rise of female inmate populations places new strains on jail infrastructure. Meanwhile, the county jail increasingly serves as a de facto provider of mental health and addiction services, a role these facilities were not designed to serve.”

HB 101 establishes a methodology for state support similar to that of the Ohio Facilities Construction Commission (OFCC) school construction program. Under the formula, economic factors such as property values and taxable retail sales within each county would be used to develop a ranking of all 88 counties. From that list, OFCC and the Ohio Department of Rehabilitation and Correction would invite certain counties to apply that have acute needs for jail updates and upgrades. State support would then be provided to these qualifying counties, provided that the legislature funds the program.

CCAO emphasizes the importance of an established jail funding formula to create an ongoing state-county partnership for county jail support. HB 101 would establish that formula framework as the association continues to advocate for further state funding for county jails as part of the upcoming state capital appropriations budget process.

CCAO encourages its members to continue to advocate with their state lawmakers for continued state support of county jail infrastructure and the accompanying formula in House Bill 101.

Any questions regarding HB 101 can be directed to CCAO Assistant Director John Leutz and CCAO Policy Analyst Adam Schwiebert.

Senate passes bill to temporarily resume virtual public meetings; awaits House concurrence

The Ohio Senate this week took a big step forward to providing counties and other public bodies additional flexibility to conduct remote public meetings.

On Tuesday, the Ohio Senate Ways and Means Committee added an amendment to House Bill 51 which would allow public bodies to meet virtually until June 30, 2022. The bill was passed out of committee unanimously, and was later passed 33-0 by the Ohio Senate.

The primary purpose of House Bill 51 is to allow for property valuation adjustments for destroyed and damaged property. In committee, the bill also received an amendment conforming certain provisions of Ohio’s tax code to the federal tax code – a routine practice.

The virtual meeting ability included in the bill is identical to that provided at the beginning at the COVID-19 pandemic. The provision also contains an emergency clause, which would make the provision effective immediately should the legislation be enacted and signed by Governor DeWine.

The Ohio House had previously passed HB 51 earlier this year by wide margins. However, the House’s concurrence to the Senate’s amendments to the bill is still needed prior to the bill being sent to the governor. CCAO strong supports the flexibility this legislation provides counties to hold public meetings in a safe and efficient manner and urges the House to concur with the Senate’s changes at its next voting session.

CCAO will continue to monitor this legislation and provide updates to members. Any questions can be directed to CCAO Policy Analyst Adam Schwiebert.

Senate committee favorably reports sales tax exemption bill

The Senate Ways and Means Committee favorably reported Senate Bill 235 (Sen. Roegner), which would exempt certain fees from the sales tax. These fees are (1) electronic tax filing and payment services used in business to report or pay income tax, other than employee withholding, on behalf of an individual, and (2) documentary service charges imposed by motor vehicle and manufactured home dealers.

The Legislative Service Commission estimates that these two changes combined will remove about $10 million in sales tax revenue to counties and transit authorities. CCAO is opposed to the bill. The next step for the bill is to be considered by the full Senate.

Any questions about SB 235 can be directed to CCAO Senior Policy Analyst Jon Honeck.

Indemnification clauses in public improvement contracts

By a vote of 91 – 2, the Ohio House approved Senate Bill 56 (Sen. Blessing), a bill to regulate the use of indemnification clauses in public improvement contracts with architects and other design professionals.

The bill authorizes a public authority, such as the state or local government, to include a contractual requirement that a professional design firm indemnify the public authority and its officers and employees with regard to liability to a third party stemming from those services. The liability is limited to the professional design firm’s proportionate share of tortious conduct. The public authority retains the rights to bring an action for damages against a professional design firm for breach of the public improvement contract or of the professional standard of care. The professional design firm retains the right to bring an action for damages against a subcontracting design firm for the same reasons.

The bill also modifies the liability of political subdivisions in civil actions involving the use of a motor vehicle by a police officer or other emergency response personnel. Under the bill, the amount of any compensatory damages recoverable against a political subdivision for an emergency responder’s operation of a motor vehicle must be reduced by the percentage of contributory fault attributable to the plaintiff. The bill also specifies certain conditions under which a municipal corporation is immune from civil actions stemming from the actions of a hospital police officer.

The bill now moves to the Senate for concurrence.

Senate committee approves land bank tax foreclosure bill

The Senate Local Government and Elections Committee favorably reported Senate Bill 112 (Sen. Dolan), a bill that makes numerous changes to procedures that affect county land banks and tax foreclosures.

One of the notable features of the bill is that it allows county commissioners to direct up to 50 percent of taxes collected on certain real property conveyed by a county land bank to be paid to the land bank for up to five years, rather than to the applicable taxing districts. Also, the bill allows tax foreclosure notices to be published electronically rather than in newspapers, creating a potential savings for counties.

The bill changes the current law split of sale proceeds to the county treasurer and prosecutor’s DTAC funds. Under the bill, the county prosecutor and treasurer each receive 10% of the sale proceeds, and an additional 10% is deposited into the county land reutilization fund if one exists. The county auditor’s fee for deeds of land sold for taxes is increased from $5 to $45. The committee removed a provision that would have exempted land banks from the prevailing wage law.

The next step for the bill is consideration by the full Senate.

DeWine Administration awards body camera funds to law enforcement agencies across state

This week the governor’s office announced $4.7 million in grant award to law enforcement agencies across the state for body camera costs. The funds will be utilized to acquire body cameras as well as computer equipment, video storage, and other related purposes.

The funds for this program were provided as part of the state operating budget’s Ohio Body-Worn Camera Grant Program. Additional funding will be made available as part of the $250 million law enforcement assistance program included in House Bill 169, funded with federal COVID-19 funds.

The full list of body camera grant recipients, including several county sheriff’s offices, can be accessed here.

Introduced legislation

HB 546 (Grendell) - To allow local governments to establish investment funds and use interest earnings to reduce taxes and special assessments on senior citizen homesteads.

HB 538 (Koehler, Kelly) - To provide temporary authority, expiring July 1, 2022, for members of a public body to meet by means of teleconference or video conference, and to declare an emergency.