OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 405* Bill Analysis
134th General Assembly
Click here for H.B. 405’s Fiscal Note
Version: As Reported by Senate Local Government and Elections
Primary Sponsors: Reps. Stewart and Johnson
Effective Date:
Daniel DeSantis, Research Analyst
SUMMARY
Clarifies the nature of the appointing authority for boards of county hospital trustees.
Allows three members on a board of county hospital trustees to reside outside the
county, when the board consists of eight or ten members.
Allows a county coroner’s office to access and view, but not alter, information contained
in the Ohio Law Enforcement Gateway.
Modifies the procedures for filling a vacancy in a county elective office.
Allows a county treasurer to adopt a policy to allow taxpayers to request the electronic
delivery of property tax and manufactured home tax bills.
Allows a treasurer to rescind such a policy with 30 days’ written notice to those who
have requested electronic delivery.
Excludes from public records requests any email address or telephone number provided
with requests for electronic delivery.
DETAILED ANALYSIS
Boards of county hospital trustees
Appointing authority
The bill clarifies the nature of the appointing authority for boards of county hospital
trustees. Under continuing law, a county may establish a county hospital. If the county
*This analysis was prepared before the report of the Senate Local Government and Elections Committee
appeared in the Senate Journal. Note that the legislative history may be incomplete.
December 13, 2022
Office of Research and Drafting LSC Legislative Budget Office
establishes a county hospital, there must be a board of county hospital trustees to operate the
hospital.
Current law requires the board of county commissioners ‘together with’ the longest-
serving1 probate judge and the longest-serving judge of the court of common pleas (other than
the probate judge) to appoint the board of county hospital trustees.2 It is unclear whether this
means: (1) the board of county commissioners cast one vote as a body, thereby totaling three
votes or (2) each of the three county commissioners casts an individual vote, thereby totaling
five votes. The Ohio Supreme Court considered this question in 2020 and held the language has
the second meaning – each of the three county commissioners cast an individual vote, thereby
totaling five votes.3
Following the Court’s holding, the bill clarifies the appointing authority is comprised of
five votes: one from each of the two judges and one from each of the three county
commissioners.4
Residency
The bill allows up to three members of a board of trustees of a county hospital to reside
outside the county when the size of the board is eight or ten. Under current law, not more than
two members may be electors of the area served by the hospital that is outside the county in
which the hospital is located.5
County coroner
The bill allows a county coroner’s office to access and view, but not alter, information
contained in the Ohio Law Enforcement Gateway. Under continuing law, the State Medical
Board and the Board of Nursing also have access only to view the information.6
County elected office vacancy procedures
The bill changes the procedures that apply when a board of county commissioners
makes an appointment to fill a county office that is left vacant by an officer who was elected as
an independent. The bill gives the board up to 45 days to make the appointment, similar to the
time allowed when a county political party makes such an appointment. The bill also allows the
1 The language the Revised Code uses is ‘probate judge of the county senior in point of service’ and
‘judge . . . of the common pleas court of the county senior in point of service.’ This is understood to
mean the longest-serving judge.
2Continuing law also authorizes the appointing authority to increase or decrease the number of
members of a board of county hospital trustees; the bill’s clarification applies to this as well.
3 State ex rel. Drouhard v. Morrow Cty. Bd. of Comm’rs, 161 Ohio St.3d 357 (2020).
4 R.C. 339.02(A)(1) and (F)(1).
5 R.C. 339.02(G)(3).
6 R.C. 109.57(C).
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As Reported by Senate Local Government and Elections
Office of Research and Drafting LSC Legislative Budget Office
board to appoint an acting officer to perform the duties of the office before the board makes
the long-term appointment, similar to the procedure allowed when a county political party
makes such an appointment. Current law specifies that the board must make the appointment
at the time when the vacancy occurs.
Under continuing law, if a vacancy in the office of county commissioner, prosecuting
attorney, county auditor, county treasurer, clerk of the court of common pleas, sheriff, county
recorder, county engineer, or coroner occur, a person must be appointed to hold the office and
to perform the office’s duties until a successor is elected and has qualified. If the last occupant
of the office was elected as a partisan candidate, the county central committee of the political
party that nominated the last occupant of the office for the current term must make the
appointment. If the last occupant of the office or the officer elect was elected to serve the
current term as an independent candidate, the board of county commissioners must make the
appointment.7
Electronic tax bill delivery
Under continuing law, county treasurers are responsible for delivering property tax and
manufactured home tax bills. The bill allows a county treasurer to adopt a policy authorizing
the electronic delivery of those tax bills upon a taxpayer’s request. The policy permits a
taxpayer to request the bill’s delivery to an email address or phone number capable of receiving
it, e.g., through text message. If such a policy is adopted for property tax bills, the same policy
applies to manufactured home tax bills.
Any person who requests to receive tax bills electronically may rescind the request with
written notice. A request is also automatically terminated upon a change in taxpayer, i.e., a
transfer of ownership. A county treasurer may also rescind an electronic delivery policy by
providing notice to each person who has requested electronic delivery at least 30 days before
the policy’s rescission. The notice must inform the person that future tax bills will be mailed or
delivered to the mailing address the treasurer has on file.
Email addresses and phone numbers disclosed to a county treasurer for electronic
delivery purposes are not public records under the bill. Additionally, the bill does not permit a
county treasurer to charge a fee to those who do not elect to receive electronic delivery. 8
7 R.C. 305.02.
8 R.C. 323.13(A)(2) and 4503.06(D)(6).
P a g e |3 H.B. 405
As Reported by Senate Local Government and Elections
Office of Research and Drafting LSC Legislative Budget Office
HISTORY
Action Date
Introduced 08-30-21
Reported, H. State & Local Gov’t 02-15-22
Passed House (98-1) 02-16-22
Reported, S. Local Gov’t and Elections ---
ANHB0405RS-134/ks
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As Reported by Senate Local Government and Elections
Statutes affected: As Introduced: 339.02
As Reported By House Committee: 339.02
As Passed By House: 339.02