As Reported by the House Health Committee

126th General Assembly Regular Session 2005-2006

Sub. S. B. No. 10

Senators Jordan, Wachtmann, Mumper, Hottinger, Jacobson, Austria, Goodman, Carey, Cates, Stivers, Clancy, Miller, Spada 

Representatives Fessler, Kearns, Brown, Barrett, Beatty, S. Smith, Otterman, DeBose, Combs, Reidelbach, Harwood, Mason 

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A BILL

To amend sections 5126.01, 5126.02, 5126.021,

1

5126.022, 5126.023, 5126.03, 5126.031, 5126.033,

2

5126.034, 5126.056, 5126.058, 5126.081, 5126.30,

3

5705.191, and 5705.222, to amend, for the purpose

4

of adopting new section numbers as indicated in

5

parentheses, sections 5126.02 (5126.0212),

6

5126.021 (5126.029), 5126.022 (5126.0215),

7

5126.023 (5126.0225), and 5126.024 (5126.0226),

8

and to enact new sections 5126.02, 5126.021,

9

5126.022, 5126.023, and 5126.024 and sections

10

5126.025, 5126.026, 5126.027, 5126.028, 5126.0210,

11

5126.0211, 5126.0213, 5126.0214, 5126.0216,

12

5126.0217, 5126.0218, 5126.0219, 5126.0220,

13

5126.0221, 5126.0222, 5126.0223, 5126.0224,

14

5126.0227, 5126.0228, 5126.037, and 5126.038 of

15

the Revised Code to revise the law governing

16

county boards of mental retardation and

17

developmental disabilities.

18

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 5126.01, 5126.02, 5126.021,	19
5126.022, 5126.023, 5126.03, 5126.031, 5126.033, 5126.034,	20
5126.056, 5126.058, 5126.081, 5126.30, 5705.191, and 5705.222 be	21
amended, sections 5126.02 (5126.0212), 5126.021 (5126.029),	22
5126.022 (5126.0215), 5126.023 (5126.0225), and 5126.024	23
(5126.0226) be amended for the purpose of adopting new section	24
numbers as indicated in parentheses, and new sections 5126.02,	25
5126.021, 5126.022, 5126.023, and 5126.024 and sections 5126.025,	26
5126.026, 5126.027, 5126.028, 5126.0210, 5126.0211, 5126.0213,	27
5126.0214, 5126.0216, 5126.0217, 5126.0218, 5126.0219, 5126.0220,	28
5126.0221, 5126.0222, 5126.0223, 5126.0224, 5126.0227, 5126.0228,	29
5126.037, and 5126.038 of the Revised Code be enacted to read as	30
follows:	31

Sec. 5126.01.  As used in this chapter:

32

(A) As used in this division, "adult" means an individual who	33
is eighteen years of age or over and not enrolled in a program or	34
service under Chapter 3323. of the Revised Code and an individual	35
sixteen or seventeen years of age who is eligible for adult	36
services under rules adopted by the director of mental retardation	37
and developmental disabilities pursuant to Chapter 119. of the	38
Revised Code.	39

(1) "Adult services" means services provided to an adult	40
outside the home, except when they are provided within the home	41
according to an individual's assessed needs and identified in an	42
individual service plan, that support learning and assistance in	43
the area of self-care, sensory and motor development,	44
socialization, daily living skills, communication, community	45
living, social skills, or vocational skills.	46

(2) "Adult services" includes all of the following:

47

(a) Adult day habilitation services;

48

(b) Adult day care;

49

(c) Prevocational services;

50

(d) Sheltered employment;

51

(e) Educational experiences and training obtained through	52
entities and activities that are not expressly intended for	53
individuals with mental retardation and developmental	54
disabilities, including trade schools, vocational or technical	55
schools, adult education, job exploration and sampling, unpaid	56
work experience in the community, volunteer activities, and	57
spectator sports;	58

(f) Community employment services and supported employment	59
services.	60

(B)(1) "Adult day habilitation services" means adult services	61
that do the following:	62

(a) Provide access to and participation in typical activities	63
and functions of community life that are desired and chosen by the	64
general population, including such activities and functions as	65
opportunities to experience and participate in community	66
exploration, companionship with friends and peers, leisure	67
activities, hobbies, maintaining family contacts, community	68
events, and activities where individuals without disabilities are	69
involved;	70

(b) Provide supports or a combination of training and	71
supports that afford an individual a wide variety of opportunities	72
to facilitate and build relationships and social supports in the	73
community.	74

(2) "Adult day habilitation services" includes all of the	75
following:	76

(a) Personal care services needed to ensure an individual's	77
ability to experience and participate in vocational services,	78
educational services, community activities, and any other adult	79
day habilitation services;	80

(b) Skilled services provided while receiving adult day	81
habilitation services, including such skilled services as behavior	82
management intervention, occupational therapy, speech and language	83
therapy, physical therapy, and nursing services;	84

(c) Training and education in self-determination designed to	85
help the individual do one or more of the following: develop	86
self-advocacy skills, exercise the individual's civil rights,	87
acquire skills that enable the individual to exercise control and	88
responsibility over the services received, and acquire skills that	89
enable the individual to become more independent, integrated, or	90
productive in the community;	91

(d) Recreational and leisure activities identified in the	92
individual's service plan as therapeutic in nature or assistive in	93
developing or maintaining social supports;	94

(e) Counseling and assistance provided to obtain housing,	95
including such counseling as identifying options for either rental	96
or purchase, identifying financial resources, assessing needs for	97
environmental modifications, locating housing, and planning for	98
ongoing management and maintenance of the housing selected;	99

(f) Transportation necessary to access adult day habilitation	100
services;	101

(g) Habilitation management, as described in section 5126.14	102
of the Revised Code.	103

(3) "Adult day habilitation services" does not include	104
activities that are components of the provision of residential	105
services, family support services, or supported living services.	106

(C) "Appointing authority" means the following:

107

(1) In the case of a member of a county board of mental	108
retardation and developmental disabilities appointed by, or to be	109
appointed by, a board of county commissioners, the board of county	110
commissioners;	111

(2) In the case of a member of a county board appointed by,	112
or to be appointed by, a senior probate judge, the senior probate	113
judge.	114

(D) "Community employment services" or "supported employment	115
services" means job training and other services related to	116
employment outside a sheltered workshop. "Community employment	117
services" or "supported employment services" include all of the	118
following:	119

(1) Job training resulting in the attainment of competitive	120
work, supported work in a typical work environment, or	121
self-employment;	122

(2) Supervised work experience through an employer paid to	123
provide the supervised work experience;	124

(3) Ongoing work in a competitive work environment at a wage	125
commensurate with workers without disabilities;	126

(4) Ongoing supervision by an employer paid to provide the	127
supervision.	128

(D)(E) As used in this division, "substantial functional	129
limitation," "developmental delay," and "established risk" have	130
the meanings established pursuant to section 5123.011 of the	131
Revised Code.	132

"Developmental disability" means a severe, chronic disability	133
that is characterized by all of the following:	134

(1) It is attributable to a mental or physical impairment or	135
a combination of mental and physical impairments, other than a	136
mental or physical impairment solely caused by mental illness as	137
defined in division (A) of section 5122.01 of the Revised Code;	138

(2) It is manifested before age twenty-two;

139

(3) It is likely to continue indefinitely;

140

(4) It results in one of the following:

141

(a) In the case of a person under age three, at least one	142
developmental delay or an established risk;	143

(b) In the case of a person at least age three but under age	144
six, at least two developmental delays or an established risk;	145

(c) In the case of a person age six or older, a substantial	146
functional limitation in at least three of the following areas of	147
major life activity, as appropriate for the person's age:	148
self-care, receptive and expressive language, learning, mobility,	149
self-direction, capacity for independent living, and, if the	150
person is at least age sixteen, capacity for economic	151
self-sufficiency.	152

(5) It causes the person to need a combination and sequence	153
of special, interdisciplinary, or other type of care, treatment,	154
or provision of services for an extended period of time that is	155
individually planned and coordinated for the person.	156

(E)(F) "Early childhood services" means a planned program of	157
habilitation designed to meet the needs of individuals with mental	158
retardation or other developmental disabilities who have not	159
attained compulsory school age.	160

(F)(G)(1) "Environmental modifications" means the physical	161
adaptations to an individual's home, specified in the individual's	162
service plan, that are necessary to ensure the individual's	163
health, safety, and welfare or that enable the individual to	164
function with greater independence in the home, and without which	165
the individual would require institutionalization.	166

(2) "Environmental modifications" includes such adaptations	167
as installation of ramps and grab-bars, widening of doorways,	168
modification of bathroom facilities, and installation of	169
specialized electric and plumbing systems necessary to accommodate	170
the individual's medical equipment and supplies.	171

(3) "Environmental modifications" does not include physical	172
adaptations or improvements to the home that are of general	173
utility or not of direct medical or remedial benefit to the	174
individual, including such adaptations or improvements as	175
carpeting, roof repair, and central air conditioning.	176

(G)(H) "Family support services" means the services provided	177
under a family support services program operated under section	178
5126.11 of the Revised Code.	179

(H)(I) "Habilitation" means the process by which the staff of	180
the facility or agency assists an individual with mental	181
retardation or other developmental disability in acquiring and	182
maintaining those life skills that enable the individual to cope	183
more effectively with the demands of the individual's own person	184
and environment, and in raising the level of the individual's	185
personal, physical, mental, social, and vocational efficiency.	186
Habilitation includes, but is not limited to, programs of formal,	187
structured education and training.	188

(I)(J) "Habilitation center services" means services provided	189
by a habilitation center certified by the department of mental	190
retardation and developmental disabilities under section 5123.041	191
of the Revised Code and covered by the medicaid program pursuant	192
to rules adopted under section 5111.041 of the Revised Code.	193

(J)(K) "Home and community-based services" means	194
medicaid-funded home and community-based services specified in	195
division (B)(1) of section 5111.87 of the Revised Code and	196
provided under the medicaid components the department of mental	197
retardation and developmental disabilities administers pursuant to	198
section 5111.871 of the Revised Code.	199

(K)(L) "Immediate family" means parents, brothers, sisters,	200
spouses, sons, daughters, mothers-in-law, fathers-in-law,	201
brothers-in-law, sisters-in-law, sons-in-law, and	202
daughters-in-law.	203

(M) "Medicaid" has the same meaning as in section 5111.01 of	204
the Revised Code.	205

(L)(N) "Medicaid case management services" means case	206
management services provided to an individual with mental	207
retardation or other developmental disability that the state	208
medicaid plan requires.	209

(M)(O) "Mental retardation" means a mental impairment	210
manifested during the developmental period characterized by	211
significantly subaverage general intellectual functioning existing	212
concurrently with deficiencies in the effectiveness or degree with	213
which an individual meets the standards of personal independence	214
and social responsibility expected of the individual's age and	215
cultural group.	216

(N)(P) "Residential services" means services to individuals	217
with mental retardation or other developmental disabilities to	218
provide housing, food, clothing, habilitation, staff support, and	219
related support services necessary for the health, safety, and	220
welfare of the individuals and the advancement of their quality of	221
life. "Residential services" includes program management, as	222
described in section 5126.14 of the Revised Code.	223

(O)(Q) "Resources" means available capital and other assets,	224
including moneys received from the federal, state, and local	225
governments, private grants, and donations; appropriately	226
qualified personnel; and appropriate capital facilities and	227
equipment.	228

(P)(R) "Senior probate judge" means the current probate judge	229
of a county who has served as probate judge of that county longer	230
than any of the other current probate judges of that county. If a	231
county has only one probate judge, "senior probate judge" means	232
that probate judge.	233

(S) "Service and support administration" means the duties	234
performed by a service and support administrator pursuant to	235
section 5126.15 of the Revised Code.	236

(Q)(T)(1) "Specialized medical, adaptive, and assistive	237
equipment, supplies, and supports" means equipment, supplies, and	238
supports that enable an individual to increase the ability to	239
perform activities of daily living or to perceive, control, or	240
communicate within the environment.	241

(2) "Specialized medical, adaptive, and assistive equipment,	242
supplies, and supports" includes the following:	243

(a) Eating utensils, adaptive feeding dishes, plate guards,	244
mylatex straps, hand splints, reaches, feeder seats, adjustable	245
pointer sticks, interpreter services, telecommunication devices	246
for the deaf, computerized communications boards, other	247
communication devices, support animals, veterinary care for	248
support animals, adaptive beds, supine boards, prone boards,	249
wedges, sand bags, sidelayers, bolsters, adaptive electrical	250
switches, hand-held shower heads, air conditioners, humidifiers,	251
emergency response systems, folding shopping carts, vehicle lifts,	252
vehicle hand controls, other adaptations of vehicles for	253
accessibility, and repair of the equipment received.	254

(b) Nondisposable items not covered by medicaid that are	255
intended to assist an individual in activities of daily living or	256
instrumental activities of daily living.	257

(R)(U) "Supportive home services" means a range of services	258
to families of individuals with mental retardation or other	259
developmental disabilities to develop and maintain increased	260
acceptance and understanding of such persons, increased ability of	261
family members to teach the person, better coordination between	262
school and home, skills in performing specific therapeutic and	263
management techniques, and ability to cope with specific	264
situations.	265

(S)(V)(1) "Supported living" means services provided for as	266
long as twenty-four hours a day to an individual with mental	267
retardation or other developmental disability through any public	268
or private resources, including moneys from the individual, that	269
enhance the individual's reputation in community life and advance	270
the individual's quality of life by doing the following:	271

(a) Providing the support necessary to enable an individual	272
to live in a residence of the individual's choice, with any number	273
of individuals who are not disabled, or with not more than three	274
individuals with mental retardation and developmental disabilities	275
unless the individuals are related by blood or marriage;	276

(b) Encouraging the individual's participation in the	277
community;	278

(c) Promoting the individual's rights and autonomy;

279

(d) Assisting the individual in acquiring, retaining, and	280
improving the skills and competence necessary to live successfully	281
in the individual's residence.	282

(2) "Supported living" includes the provision of all of the	283
following:	284

(a) Housing, food, clothing, habilitation, staff support,	285
professional services, and any related support services necessary	286
to ensure the health, safety, and welfare of the individual	287
receiving the services;	288

(b) A combination of life-long or extended-duration	289
supervision, training, and other services essential to daily	290
living, including assessment and evaluation and assistance with	291
the cost of training materials, transportation, fees, and	292
supplies;	293

(c) Personal care services and homemaker services;

294

(d) Household maintenance that does not include modifications	295
to the physical structure of the residence;	296

(e) Respite care services;

297

(f) Program management, as described in section 5126.14 of	298
the Revised Code.	299

Sec. 5126.02.  (A) Each county shall either have its own	300
county board of mental retardation and developmental disabilities	301
or, pursuant to section 5126.021 or 5126.022 of the Revised Code,	302
be a member of a multicounty board of mental retardation and	303
developmental disabilities. Subject to division (B) of this	304
section:	305

(1) A county board shall be operated as a separate	306
administrative and service entity.	307

(2) The functions of a county board shall not be combined	308
with the functions of any other entity of county government.	309

(B) Division (A) of this section does not prohibit or	310
restrict any county board from sharing administrative functions or	311
personnel with one or more other county boards, including entering	312
into an arrangement authorized by division (B) of section	313
5126.0225 of the Revised Code.	314

Sec. 5126.021.  Subject to sections 5126.024 and 5126.025 of	315
the Revised Code, a multicounty board of mental retardation and	316
developmental disabilities may be created if each of the	317
following, before January 1, 2007, and within a	318
one-hundred-eighty-day period, adopt an identical resolution or	319
issue an identical order providing for the creation of the	320
multicounty board:	321

(A) A majority of the members of each of the boards of county	322
commissioners seeking to create the multicounty board;	323

(B) The senior probate judge of each county served by those	324
boards of county commissioners.	325

Sec. 5126.022.  Subject to sections 5126.024 and 5126.025 of	326
the Revised Code, a county that is not part of the creation of a	327
multicounty board of mental retardation and developmental	328
disabilities under section 5126.021 of the Revised Code may join	329
the multicounty board if each of the following, within a sixty-day	330
period, adopt an identical resolution or issue an identical order	331
providing for the county to join the multicounty board:	332

(A) A majority of the members of the board of county	333
commissioners of the county seeking to join the multicounty board;	334

(B) A majority of the members of each of the boards of county	335
commissioners that are members of the multicounty board;	336

(C) The senior probate judge of the county seeking to join	337
the multicounty board;	338

(D) The senior probate judge of each of the counties that are	339
members of the multicounty board.	340

Sec. 5126.023.  (A) Subject to section 5126.024 of the	341
Revised Code, the board of county commissioners of a county that	342
is a member of a multicounty board of mental retardation and	343
developmental disabilities and the senior probate judge of that	344
county may terminate the county's membership in the multicounty	345
board in the manner provided in this section. To terminate the	346
county's membership in the multicounty board, the board of county	347
commissioners shall adopt a resolution, and the senior probate	348
judge shall issue an order, providing for the termination.	349

(B) A resolution and order of termination adopted or issued	350
under this section shall specify the last day that the county will	351
be a member of the multicounty board. The resolution and order	352
also shall provide for the county to do one of the following on	353
the day immediately following the last day that the county will be	354
a member of the multicounty board:	355

(1) Create a single county board of mental retardation and	356
developmental disabilities;	357

(2) If the day immediately following the last day that the	358
county will be a member of the current multicounty board is before	359
January 1, 2007, co-create a new multicounty board pursuant to	360
section 5126.021 of the Revised Code;	361

(3) Join a different multicounty board pursuant to section	362
5126.022 of the Revised Code.	363

(C) A resolution and an order of termination adopted or	364
issued under this section shall include a plan for the equitable	365
adjustment and division of all services, assets, property, debts,	366
and obligations, if any, of the multicounty board that the county	367
will cease to be a member of.	368

(D) Any county terminating its membership in a multicounty	369
board shall continue to have levied against its tax list and	370
duplicate any tax levied by the board of county commissioners for	371
mental retardation and developmental disability services during	372
the period in which the county was a member of the multicounty	373
board until the levy expires or is renewed or replaced.	374

Sec. 5126.024.  (A) If a board of county commissioners and	375
senior probate judge propose to join in the creation of, join, or	376
terminate the county's membership in a multicounty board of mental	377
retardation and developmental disabilities as provided in section	378
5126.01, 5126.022, or 5126.023 of the Revised Code, the board of	379
county commissioners and judge shall do both of the following:	380

(1) Notify the county board of mental retardation and	381
developmental disabilities in writing of their intent to join in	382
the creation of, join, or terminate the county's membership in a	383
multicounty board, including a written explanation of the	384
administrative, fiscal, and performance considerations underlying	385
the proposed action.	386

(2) Provide the county board an opportunity to comment on the	387
proposed action;	388

(B) If the county board, not more than sixty days after	389
receiving the notice under division (A) of this section, votes to	390
oppose the proposed action and notifies the board of county	391
commissioners and judge of the vote, the county may join in	392
creation of a multicounty board, join a multicounty board, or	393
terminate the county's membership in a multicounty board only on	394
the unanimous vote of the board of county commissioners and the	395
order of that judge to proceed with the creation of, joining, or	396
termination of the county's membership in a multicounty board.	397

Sec. 5126.025.  Not more than five counties may be members of	398
the same multicounty board of mental retardation and developmental	399
disabilities. Only contiguous counties may be members of the same	400
multicounty board.	401

Sec. 5126.026.  A board of county commissioners shall provide	402
the director of mental retardation and developmental disabilities	403
with a copy of each resolution the board adopts under section	404
5126.021, 5126.022, or 5126.023 of the Revised Code. A senior	405
probate judge shall provide the director with a copy of each order	406
the judge issues under those sections.	407

Sec. 5126.027.  (A) A reference to a county board of mental	408
retardation and developmental disabilities in a law enacted by the	409
general assembly shall mean the following:	410

(1) In the case of a county with its own county board, a	411
single county board;	412

(2) In the case of a county that is a member of a multicounty	413
board, a multicounty board.	414

(B) Unless the context provides otherwise, a law enacted by	415
the general assembly that refers to a county, or an entity or	416
official of a county, that a county board of mental retardation	417
and developmental disabilities serves shall be deemed to refer to	418
the following:	419

(1) In the case of a county with a single county board, that	420
county or the county entity or official specified in the law;	421

(2) In the case of a county that is a member of a multicounty	422
board, each of the counties that are members of the multicounty	423
board or the specified entity or official of each of those	424
counties.	425

Sec. 5126.028.  Each county board of mental retardation and	426
developmental disabilities shall consist of seven members. In the	427
case of a single county board, the board of county commissioners	428
of the county shall appoint five members and the senior probate	429
judge of the county shall appoint two members. In the case of a	430
multicounty board, the membership shall be appointed as follows:	431

(A) If there are five member counties, the board of county	432
commissioners of each of the member counties shall each appoint	433
one member and the senior probate judges of the member counties	434
with the largest and second largest population shall each appoint	435
one member.	436

(B) If there are four member counties, the board of county	437
commissioners of the member county with the largest population	438
shall appoint two members, the other three boards of county	439
commissioners shall each appoint one member, and the senior	440
probate judges of the member counties with the largest and second	441
largest population shall each appoint one member.	442

(C) If there are three member counties, the boards of county	443
commissioners of the member counties with the largest and second	444
largest populations shall each appoint two members, the other	445
board of county commissioners shall appoint one member, and the	446
senior probate judges of the member counties with the largest and	447
second largest population shall each appoint one member.	448

(D) If there are two member counties, the board of county	449
commissioners of the member county with the largest population	450
shall appoint three members, the board of county commissioners of	451
the other county shall appoint two members, and the senior probate	452
judge of each county shall each appoint one member.	453

Sec. 5126.029.  (A) When making appointments to a county	454
board of mental retardation and developmental disabilities, an	455
appointing authority shall do all of the following:	456

(1) Appoint only individuals who are residents of the county	457
the appointing authority serves, citizens of the United States,	458
and interested and knowledgeable in the field of mental	459
retardation and other allied fields;	460

(2) If the appointing authority is a board of county	461
commissioners, appoint, subject to division (C) of this section,	462
at least two individuals who are immediate family members of	463
individuals eligible for services provided by the county board	464
and, whenever possible, ensure that one of those two members is an	465
immediate family member of an individual eligible for adult	466
services and the other is an immediate family member of an	467
individual eligible for early intervention services or services	468
for preschool or school-age children;	469

(3) If the appointing authority is a senior probate judge,	470
appoint, subject to division (C) of this section, at least one	471
individual who is an immediate family member of an individual	472
eligible for residential services or supported living;	473

(4) Appoint, to the maximum extent possible, individuals who	474
have professional training and experience in business management,	475
finance, law, health care practice, personnel administration, or	476
government service;	477

(5) Provide for the county board's membership to reflect, as	478
nearly as possible, the composition of the county or counties that	479
the county board serves.	480

(B) The appointing authorities of a multicounty board shall	481
coordinate their appointments to the extent necessary to satisfy	482
the requirements of this section. The coordination may provide for	483
one of the boards of county commissioners making one of the two	484
appointments required by division (B)(2) of this section and	485
another board of county commissioners making the other appointment	486
required by that division. The coordination shall ensure that at	487
least one of the senior probate judges satisfies the requirement	488
of division (B)(3) of this section.	489

Sec. 5126.021.        Sec. 5126.0210. As used in this section, "immediate	490
family" means parents, brothers, sisters, spouses, sons,	491
daughters, mothers-in-law, fathers-in-law, brothers-in-law,	492
sisters-in-law, sons-in-law, and daughters-in-law.	493

(A) TheNone of the following individuals shall notmay serve	494
as membersa member of a county boardsboard of mental retardation	495
and developmental disabilities:	496

(1) ElectedAn elected public officialsofficial, except for	497
a township trusteestrustee, township clerksclerk, and thoseor	498
individual excluded from the definition of public official or	499
employee in division (B) of section 102.01 of the Revised Code;	500

(2) Members of theAn immediate family member of another	501
county board member;	502

(3) Board employees and members of theA county board	503
employee or immediate family member of a county board employees	504
employee;	505

(4) Former board employees withinAn individual who had been	506
employed by the county board not less than one calendar year of	507
the termination of employment with the board on which the former	508
employeebefore the individual would begin to serve.	509

(B) A person may not serve as a member of athe county board	510
of mental retardation and developmental disabilities when either	511
the person or a member of the person's;	512

(5) An individual who or whose immediate family member is a	513
board member or an employee of an agency licensed or certified by	514
the department of mental retardation and developmental	515
disabilities to provide services to individuals with mental	516
retardation or developmental disabilities;	517

(6) An individual who or whose immediate family member is a	518
board member or employee of a contractan agency of that	519
contracting with the county board that is not licensed or	520
certified by the department of mental retardation and	521
developmental disabilities to provide services to individuals with	522
mental retardation or developmental disabilities unless there is	523
no conflict of interest. In no circumstance shall a member of a	524
county board vote on any matter before the board concerning a	525
contract agency of which the member or a member of the member's	526
immediate family is also a board member or an employee. All	527
questions relating to the existence of a conflict of interest	528
shall be submitted to the local prosecuting attorney and the Ohio	529
ethics commission for resolution.	530

(C) No;

531

employee of an agency contracting with a county board of	532
mental retardation and developmental disabilities or member of the	533
immediate family of such an employee shall serve as a board member	534
or an employee of the county board except that a county board may,	535
pursuant to a resolution adopted by the board, employ a member of	536
the immediate family of an employee of an agency contracting with	537
the board.	538

(D) No person shall serve as a member or employee of a county	539
board of mental retardation and developmental disabilities if a	540
member of the person's;	541

(7) An individual with an immediate family member who serves	542
as a county commissioner of thea county served by the county	543
board unless the personindividual was a member or employee prior	544
toof the county board before October 31, 1980.	545

(E) A county board of mental retardation and developmental	546
disabilities shall not contract with an agency whose board	547
includes a county commissioner of the county served by the county	548
board.	549

(F) Notwithstanding any provision of the Revised Code to the	550
contrary, including applicable provisions of sections 102.03,	551
102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a	552
county board of mental retardation and developmental disabilities	553
also may be a member of the governing board of an agency or a	554
political subdivision, including the board of education of a	555
school district. The county board of mental retardation and	556
developmental disabilities may contract with the governing board	557
of an agency or political subdivision whose member is also an	558
employee of the county board, provided that in no circumstances	559
shall such employee of the county board vote on any matter before	560
the governing board of the agency or political subdivision	561
concerning a county board contract or participate in any	562
discussion or debate regarding that contract.	563

(B) All questions relating to the existence of a conflict of	564
interest for the purpose of division (A)(5) of this section shall	565
be submitted to the local prosecuting attorney for resolution. The	566
Ohio ethics commission may examine any issues arising under	567
Chapter 102. and sections 2921.42, 2921.421, and 2921.43 of the	568
Revised Code.	569

Sec. 5126.0211.  (A) No individual may be appointed or	570
reappointed to a county board of mental retardation and	571
developmental disabilities unless the individual, before the	572
appointment or reappointment, provides to the appointing authority	573
a written declaration specifying both of the following:	574

(1) That no circumstance described in section 5126.029 of the	575
Revised Code exists that bars the individual from serving on the	576
county board;	577

(2) Whether the individual or an immediate family member of	578
the individual has an ownership interest in or is under contract	579
with an agency contracting with the county board, and, if such an	580
ownership interest or contract exists, the identity of the agency	581
and the nature of the relationship to that agency.	582

(B) On appointment or reappointment of an individual to the	583
county board, the appointing authority shall provide a copy of the	584
individual's declaration to the superintendent of the county	585
board. The declaration is a public record for the purpose of	586
section 149.43 of the Revised Code.	587

Sec. 5126.0212.  Except for members appointed under section	588
5126.0213 of the Revised Code to fill a vacancy, members of a	589
county board of mental retardation and developmental disabilities	590
shall be appointed or reappointed not later than the last day of	591
November, commence their terms on the date of the stated annual	592
organizational meeting in the following January as provided under	593
section 5126.0215 of the Revised Code, and serve terms of four	594
years. The membership of an individual appointed as a relative of	595
a recipient of services shall not be terminated because the	596
services are no longer received.	597

Sec. 5126.02.        Sec. 5126.0213. (A) As used in this section,	598
"relative" means a spouse, parent, parent-in-law, sibling,	599
sibling-in-law, child, child-in-law, grandparent, aunt, or uncle.	600

(B)(1) There is hereby created in each county a county board	601
of mental retardation and developmental disabilities consisting of	602
seven members, five of whom shall be appointed by the board of	603
county commissioners of the county, and two of whom shall be	604
appointed by the probate judge of the county. Each member shall be	605
a resident of the county. The membership of the board shall, as	606
nearly as possible, reflect the composition of the population of	607
the county.	608

All board members shall be persons interested and	609
knowledgeable in the field of mental retardation and other allied	610
fields. All board members shall be citizens of the United States.	611
Of the members appointed by the board of county commissioners, at	612
least two shall be relatives of persons eligible for services	613
provided by the county board of mental retardation and	614
developmental disabilities, and, whenever possible, one shall be a	615
relative of a person eligible for adult services, and the other	616
shall be a relative of a person eligible for early intervention	617
services or services for pre-school or school-age children. Of the	618
two members appointed by the probate judge, at least one shall be	619
a relative of a person eligible for residential services or	620
supported living.	621

Both the board of county commissioners and the probate judge	622
shall appoint under this section, to the maximum extent possible,	623
members who fulfill any applicable requirements of this section	624
for appointment and who also have professional training and	625
experience in business management, finance, law, health care	626
practice, personnel administration, or government service.	627

(2) All appointments shall be for terms of four years. The	628
membership of a person appointed as a relative of a recipient of	629
services shall not be terminated because the services are no	630
longer received.	631

Members may be reappointed, exceptExcept as otherwise	632
provided in division (B)(3) of this section and section 5126.022	633
5126.0224 of the Revised Code, a member of a county board of	634
mental retardation and developmental disabilities may be	635
reappointed to the county board. Prior to making a reappointment,	636
the appointing authority shall ascertain, through written	637
communication with the board, that the member being considered for	638
reappointment meets the requirements of this section and section	639
5126.022 sections 5126.028 and 5126.0224 of the Revised Code.	640

(3) A member who has served during each of three consecutive	641
terms shall not be reappointed for a subsequent term until two	642
years after ceasing to be a member of the board, except that a	643
member who has served for ten years or less within three	644
consecutive terms may be reappointed for a subsequent term before	645
becoming ineligible for reappointment for two years.	646

(4) Within sixty days after a vacancy occurs, it shall be	647
filled by the appointing authority for the unexpired term. Any	648
member appointed to fill a vacancy occurring prior to the	649
expiration of the term for which the member's predecessor was	650
appointed shall hold office for the remainder of that term.	651
Appointment other than appointment to fill a vacancy shall be made	652
no later than the last day of November of each year, and the term	653
of office shall commence on the date of the stated annual	654
organizational meeting in January.	655

(5) Board members shall serve without compensation, but shall	656
be reimbursed for necessary expenses incurred in the conduct of	657
board business, including those incurred within the county of	658
residence.	659

(C) Each year each board member shall attend at least one	660
in-service training session provided by or approved by the	661
department of mental retardation and developmental disabilities.	662
These training sessions shall not be considered regularly	663
scheduled meetings of the board.	664

(D) A county board of mental retardation and developmental	665
disabilities shall be operated as a separate administrative and	666
service entity. The board's functions shall not be combined with	667
the functions of any other entity of county government.	668

Sec. 5126.0214.  Within sixty days after a vacancy on a	669
county board of mental retardation and developmental disabilities	670
occurs, including a vacancy created under section 5126.0219 of the	671
Revised Code, the appointing authority shall fill the vacancy for	672
the unexpired term. A member appointed to fill a vacancy occurring	673
before the expiration of the term for which the member's	674
predecessor was appointed shall hold office for the remainder of	675
that term.	676

Sec. 5126.0215.  Members of a county board of mental	677
retardation and developmental disabilities shall serve without	678
compensation, but shall be reimbursed for necessary expenses	679
incurred in the conduct of county board business, including	680
expenses that are incurred in the member's county of residence in	681
accordance with an established policy of the county board.	682

Sec. 5126.022.        Sec. 5126.0216.  Each county board of mental	683
retardation and developmental disabilities shall hold an	684
organizational meeting no later than the thirty-first day of	685
January of each year and shall elect its officers, which shall	686
include a president, vice-president, and recording secretary.	687
After its annual organizational meeting, the board shall meet in	688
such manner and at such times as prescribed by rules adopted by	689
the board, but the board shall meet at least ten times annually in	690
regularly scheduled sessions in accordance with section 121.22 of	691
the Revised Code, not including in-service training sessions. A	692
majority of the board constitutes a quorum. The board shall adopt	693
rules for the conduct of its business and a record shall be kept	694
of board proceedings, which shall be open for public inspection.	695

A board member shall be removed from the board by the	696
appointing authority for neglect of duty, misconduct, malfeasance,	697
failure to attend at least one in-service training session each	698
year, a violation of section 5126.021 of the Revised Code, or upon	699
the absence of a member within one year from either four regularly	700
scheduled board meetings or from two regularly scheduled board	701
meetings if the member gave no prior notice of the member's	702
absence. This removal provision does not apply to absences from	703
special meetings or work sessions. The board shall supply the	704
board member and the member's appointing authority with written	705
notice of the charges against the member. The appointing authority	706
shall afford the member an opportunity for a hearing, in	707
accordance with procedures it adopts, and shall, upon determining	708
that the charges are accurate, remove the member and appoint	709
another person to complete the member's term.	710

A member removed from the board is ineligible for	711
reappointment for not less than one year. When a member is	712
removed, the appointing authority shall specify the time during	713
which the member is ineligible for reappointment. If the member is	714
removed for failing to attend in-service training, the board also	715
shall specify the training the member must complete prior to being	716
eligible for reappointment.	717

Sec. 5126.0217.  Each year, each member of a county board of	718
mental retardation and developmental disabilities shall attend at	719
least four hours of in-service training provided or approved by	720
the department of mental retardation and developmental	721
disabilities. This training shall not be considered regularly	722
scheduled meetings of the county board.	723

Sec. 5126.0218.  A member of a county board of mental	724
retardation and developmental disabilities shall be considered	725
present at an in-service training session even though the member	726
is not physically present in the room in which the session is held	727
if the member is connected to the session through a system that	728
enables the member to communicate with the individuals	729
participating in the session and such individuals to communicate	730
with the member.	731

Sec. 5126.0219.  In no circumstance shall a member of a	732
county board of mental retardation and developmental disabilities	733
participate in or vote on any matter before the county board	734
concerning a contract agency of which the member or an immediate	735
family member of the member is also a board member or an employee.	736

Sec. 5126.0220.  (A) Subject to sections 5126.0220 and	737
5126.0223 of the Revised Code, an appointing authority shall	738
remove a member of a county board of mental retardation and	739
developmental disabilities for any of the following reasons:	740

(1) Neglect of duty;

741

(2) Misconduct;

742

(3) Malfeasance;

743

(4) Ineligibility to serve on the county board pursuant to	744
section 5126.029 of the Revised Code;	745

(5) Failure to attend at least four hours of in-service	746
training session each year;	747

(6) Failure to attend within one year four regularly	748
scheduled board meetings;	749

(7) Failure to attend within one year two regularly scheduled	750
board meetings if the member gave no prior notice of the member's	751
absence;	752

(8) Consistently poor performance on the county board, as	753
demonstrated by documentation that the president of the county	754
board provides to the appointing authority and the appointing	755
authority determines is convincing evidence.	756

(B) The removal provisions of divisions (A)(6) and (7) of	757
this section do not apply to absences from special meetings or	758
work sessions.	759

Sec. 5126.0221.  An appointing authority shall not remove a	760
member of a county board of mental retardation and developmental	761
disabilities from the county board by reason of division (A)(5),	762
(6), or (7) of section 5126.0219 of the Revised Code if the	763
director of mental retardation and developmental disabilities	764
waives the requirement that the member be removed. The director	765
may issue the waiver only if the appointing authority requests	766
that the director issue the waiver and provides the director	767
evidence that is satisfactory to the director that the member's	768
absences from the in-service training sessions or regularly	769
scheduled board meetings are due to a serious health problem of	770
the member or a member of the member's immediate family. The	771
director's decision on whether to issue the waiver is final and	772
not subject to appeal.	773

The county board on which the member serves may pass a	774
resolution urging the appointing authority to request that the	775
director issue the waiver. The member whose absences from the	776
sessions or meetings are at issue may not vote on the resolution.	777
The appointing authority may request the waiver regardless of	778
whether the county board adopts the resolution.	779

Sec. 5126.0222.  If there are grounds for the mandatory	780
removal of a member of a county board of mental retardation and	781
developmental disabilities under section 5126.0219 of the Revised	782
Code, the county board shall supply the board member and the	783
member's appointing authority with written notice of the grounds.	784

Sec. 5126.0223.  An appointing authority shall afford a	785
member of a county board of mental retardation and developmental	786
disabilities an opportunity for a hearing on the member's proposed	787
removal in accordance with procedures the appointing authority	788
shall establish, unless the appointing authority requested that	789
the director of mental retardation and developmental disabilities	790
waive the mandatory removal under section 5126.0220 of the Revised	791
Code and the director refused to issue the waiver. The appointing	792
authority shall hold the hearing if the member requests the	793
hearing not later than thirty days after the date that the county	794
board sends the member the notice required by section 5126.0221 of	795
the Revised Code.	796

Sec. 5126.0224.  If a member of a county board of mental	797
retardation and developmental disabilities requests a hearing	798
within the time required by section 5126.0222 of the Revised Code,	799
the appointing authority may not remove the member from the board	800
before the conclusion of the hearing.	801

Sec. 5126.0225.  A member of a county board of mental	802
retardation and developmental disabilities who is removed from the	803
county board is ineligible for reappointment to the board for not	804
less than one year. The appointing authority shall specify the	805
time during which the member is ineligible for reappointment. If	806
the member is removed under division (A)(5) of section 5126.0219	807
of the Revised Code, the county board shall specify the training	808
the member must complete before being eligible for reappointment.	809

Sec. 5126.023.        Sec. 5126.0226.  (A) Each county board of mental	810
retardation and developmental disabilities shall either employ a	811
superintendent or obtain the services of the superintendent of	812
another county board of mental retardation and developmental	813
disabilities. The board shall provide for a superintendent who is	814
qualified, as specified in rules adopted by the department of	815
mental retardation and developmental disabilities in accordance	816
with Chapter 119. of the Revised Code. The superintendent shall	817
have no voting privileges on the board.	818

The board shall prescribe the duties of its superintendent	819
and review the superintendent's performance. The superintendent	820
may be removed, suspended, or demoted for cause pursuant to	821
section 5126.23 of the Revised Code. The board shall fix the	822
superintendent's compensation and reimburse the superintendent for	823
actual and necessary expenses.	824

Each county board that employs its own superintendent shall	825
employ the superintendent under a contract. To enter into a	826
contract, the board shall adopt a resolution agreeing to the	827
contract. Each contract for employment or re-employment of a	828
superintendent shall be for a term of not less than one and not	829
more than five years. At the expiration of a superintendent's	830
current term of employment, the superintendent shallmay be	831
re-employed for a term of one year at the same salary, plus any	832
increments that may be authorized by the board, unless. If the	833
board givesintends not to re-employ the superintendent, the board	834
shall give the superintendent written notification of its	835
intention not to re-employ the superintendent. With regard to an	836
initial contract, if the contract is for one year, the notice	837
shall be provided not less than sixty days prior to the contract's	838
expiration; if the contract is for more than one year, the notice	839
shall be provided not less than ninety days prior to the	840
contract's expiration. With regard to contracts for re-employment,	841
theThe notice shall be given not less than ninety days prior to	842
the contract's expiration, regardless of its durationthe	843
superintendent's contract.	844

(B) Two or more county boards may enter into an arrangement	845
under which the superintendent of one county board acts as the	846
superintendent of another county board. To enter into such an	847
arrangement, each board shall adopt a resolution agreeing to the	848
arrangement. The resolutions shall specify the duration of the	849
arrangement and the contribution each board is to make to the	850
superintendent's compensation and reimbursement for expenses.	851

(C) If a vacancy occurs in the position of superintendent, a	852
county board may appoint a person who holds a valid	853
superintendent's certificate issued under the rules of the	854
department to work under a contract for an interim period not to	855
exceed one hundred eighty days until a permanent superintendent	856
can be employed or arranged for under division (A) or (B) of this	857
section. The director of the department may approve additional	858
periods of time for these types of interim appointments when so	859
requested by a resolution adopted by a county board, if the	860
director determines that the additional periods are warranted and	861
the services of a permanent superintendent are not available.	862

Sec. 5126.024.        Sec. 5126.0227.  The superintendent of the county	863
board of mental retardation and developmental disabilities shall:	864

(A) Administer the work of the board, subject to the board's	865
rules;	866

(B) Recommend to the board the changes necessary to increase	867
the effectiveness of the programs and services offered pursuant to	868
Chapters 3323. and 5126. of the Revised Code;	869

(C) Employ persons for all positions authorized by the board,	870
approve contracts of employment for management employees that are	871
for a term of one year or less, and approve personnel actions that	872
involve employees in the classified civil service as may be	873
necessary for the work of the board;	874

(D) Approve compensation for employees within the limits set	875
by the salary schedule and budget set by the board and in	876
accordance with section 5126.26 of the Revised Code, and ensure	877
that all employees and consultants are properly reimbursed for	878
actual and necessary expenses incurred in the performance of	879
official duties;	880

(E) Provide consultation to public agencies as defined in	881
division (C) of section 102.01 of the Revised Code, including	882
other county boards of mental retardation and developmental	883
disabilities, and to individuals, agencies, or organizations	884
providing services supported by the board.	885

The superintendent may authorize the payment of board	886
obligations by the county auditor.	887

Sec. 5126.0228. (A) As used in this section, "specialized	888
services" has the same meaning as in section 5126.281 of the	889
Revised Code.	890

(B) Except as provided in division (C) of section 5126.033 of	891
the Revised Code, none of the following individuals may be	892
employed by a county board of mental retardation and developmental	893
disabilities:	894

(1) An employee of an agency contracting with the county	895
board;	896

(2) An immediate family member of an employee of an agency	897
contracting with the county board unless the county board adopts a	898
resolution authorizing the immediate family member's employment	899
with the county board or the employment is consistent with a	900
policy adopted by the board establishing parameters for such	901
employment and the policy is consistent with Chapter 102. and	902
sections 2921.42, 2921.421, and 2921.43 of the Revised Code;	903

(3) An individual with an immediate family member who serves	904
as a county commissioner of any of the counties served by the	905
county board unless the individual was an employee of the county	906
board before October 31, 1980;	907

(4) An individual who is employed by, has an ownership	908
interest in, performs or provides administrative duties for, or is	909
a member of the governing board of an entity that provides	910
specialized services, regardless of whether the entity contracts	911
with the county board to provide specialized services.	912

Sec. 5126.0229.  As used in this section, "specialized	913
services" has the same meaning as in section 5126.281 of the	914
Revised Code.	915

Notwithstanding any provision of the Revised Code to the	916
contrary, including applicable provisions of sections 102.03,	917
102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a	918
county board of mental retardation and developmental disabilities	919
also may be a member of the governing board of a political	920
subdivision, including the board of education of a school	921
district, or an agency that does not provide specialized services.	922
The county board may contract with such a governing board even	923
though the governing board includes an individual who is an	924
employee of the county board. That member of the governing board	925
may not vote on any matter before the governing board concerning a	926
contract with the county board or participate in any discussion or	927
debate regarding such a contract.	928

Sec. 5126.03.  As used in this section and in sections	929
5126.031 to 5126.034 of the Revised Code:	930

(A) "Direct services contract" means any legally enforceable	931
agreement with an individual, agency, or other entity that,	932
pursuant to its terms or operation, may result in a payment from a	933
county board of mental retardation and developmental disabilities	934
to an eligible person or to a member of the immediate family of an	935
eligible person for services rendered to the eligible person.	936
"Direct services contract" includes a contract for supported	937
living pursuant to sections 5126.40 to 5126.47 of the Revised	938
Code, family support services under section 5126.11 of the Revised	939
Code, and reimbursement for transportation expenses.	940

(B) "Eligible person" means a person eligible to receive	941
services from a county board or from an entity under contract with	942
a county board.	943

(C) "Former board member" means a person whose service on the	944
county board ended less than one year prior to commencement of	945
services under a direct services contract.	946

(D) "Former employee" means a person whose employment by the	947
county board ended less than one year prior to commencement of	948
services under a direct services contract.	949

(E) "Immediate family" has the same meaning as in section	950
5126.021 of the Revised Code.	951

Sec. 5126.031.  (A) Except as provided in division (B) of	952
this section, annually at the organizationorganizational meeting	953
required by section 5126.0225126.0215 of the Revised Code, the	954
chairperson of the county board of mental retardation and	955
developmental disabilities shall appoint three members of the	956
board to an ethics council to review all direct services	957
contracts. The board's chairperson may be one of those appointed.	958
The superintendent of the board shall be a nonvoting member of the	959
council. The chairperson shall not appoint a person to the council	960
if the person, or any member of the person's immediate family,	961
will have any interest in any direct services contract under	962
review by the council while the person serves on the council or	963
during the twelve-month period after completing service on the	964
council. If a council member or a member of the council member's	965
immediate family has or will have such an interest, the	966
chairperson shall replace the member by appointing another board	967
member to the council.	968

The council shall meet regularly as directed by the board to	969
perform its duties. Minutes shall be kept of the actions of the	970
council. The minutes shall be part of the public record of the	971
county board.	972

Any action taken by the council on direct services contracts	973
under its review shall be in public. The council shall afford an	974
affected party the opportunity to meet with the council on matters	975
related to a direct services contract or any action taken by the	976
council.	977

(B) If a county board establishes a policy specifying that	978
the board is not willing to enter into direct services contracts	979
with any person who is a board member or former board member or a	980
member of the immediate family of a board member or former board	981
member, the board may assume the responsibilities and perform the	982
duties of an ethics council specified in section 5126.032 of the	983
Revised Code. The policy shall be established by resolution	984
adopted by a majority of the members of the board in attendance at	985
a meeting at which there is a quorum and shall be in effect for	986
one year after its adoption, at which time the board shall, by	987
resolution adopted in the same manner as the initial resolution,	988
either renew the policy or establish a new one.	989

Sec. 5126.033.  (A) A county board of mental retardation and	990
developmental disabilities shall not enter into a direct services	991
contract unless the contract is limited either to the actual	992
amount of the expenses or to a reasonable and allowable amount	993
projected by the board.	994

(B) A county board shall not enter into a direct services	995
contract that would result in payment to a board member, former	996
board member, employee, former employee, or member of the	997
immediate family of a board member, former board member, employee,	998
or former employee if the person who would receive services under	999
the contract stands to receive any preferential treatment or any	1000
unfair advantage over other eligible persons.	1001

(C) A county board shall not enter into a direct services	1002
contract for services provided in accordance with section 5126.11	1003
or sections 5126.40 to 5126.46 of the Revised Code under which an	1004
individual, agency, or other entity will employ a management	1005
employee, professional employee, or service employee, as defined	1006
in section 5126.20 of the Revised Code,an individual who is also	1007
an employee of that county board unless all of the following	1008
conditions are met:	1009

(1) The employee is not in a capacity to influence the award	1010
of the contract.	1011

(2) The employee has not attempted in any manner to secure	1012
the contract on behalf of the individual, agency, or other entity.	1013

(3) The employee is not employed in management level two or	1014
three according to rules adopted by the director of mental	1015
retardation and developmental disabilities and does not provide	1016
service and support administration.	1017

(4) The employee is not employed by the board during the	1018
period when the contract is developed as an administrator or	1019
supervisor responsible for approving or supervising services to be	1020
provided under the contract and agrees not to take such a position	1021
while the contract is in effect, regardless of whether the	1022
position is related to the services provided under the contract.	1023

(5) The employee has not taken any actions that create the	1024
need for the services to be provided under the contract.	1025

(6) The individual, agency, or other entity seeks the	1026
services of the employee because of the employee's expertise and	1027
familiarity with the care and condition of one or more eligible	1028
persons and other individuals with such expertise and familiarity	1029
are unavailable, or an eligible person has requested to have the	1030
services provided by that employee.	1031

The superintendent of the county board shall notify the	1032
employee and the individual, agency, or other entity that seeks	1033
the employee's services of the ethics council's determination	1034
under section 5126.032 of the Revised Code regarding the contract.	1035
The council's determination shall be binding on all parties.	1036

The employee who is the subject of the contract shall inform	1037
the superintendent of the county board of any employment the	1038
employee has outside the county board that is with any individual,	1039
agency, or other entity that has a contract with the county board.	1040

Sec. 5126.034.  (A) If the requirements of section 5126.033	1041
of the Revised Code have been met for a particular direct services	1042
contract, a former member of a county board of mental retardation	1043
and developmental disabilities, former board member,a board	1044
employee, or former employee, or an immediate family member of a	1045
county board member, former board member, employee, or former	1046
employee, is not in violation of the restrictions in Chapter 102.	1047
and sections 2921.42 and 5126.0215126.029 of the Revised Code	1048
with regard to that contract.	1049

(B) Nothing in section 5126.033 of the Revised Code shall be	1050
construed to allow a member or employee of a county board to	1051
authorize, or use the authority of the member's or employee's	1052
office or employment to secure authorization of, a contract that	1053
could result in receipt by the board member or employee or a	1054
member of the immediate family of the board member or employee of	1055
payment for expenses incurred on behalf of an immediate family	1056
member who is an eligible person.	1057

Sec. 5126.037.  No county board of mental retardation and	1058
developmental disabilities shall contract with an agency whose	1059
board includes a county commissioner of any of the counties served	1060
by the county board.	1061

Sec. 5126.038.  (A)(1) As used in this section, "professional	1062
services" means all of the following services provided on behalf	1063
of a county board of mental retardation and developmental	1064
disabilities, members or employees of a county board, or both:	1065

(a) Lobbying and other governmental affairs services;

1066

(b) Legal services other than the legal services provided by	1067
a county prosecutor or provided for the purpose of collective	1068
bargaining;	1069

(c) Public relation services;

1070

(d) Consulting services;

1071

(e) Personnel training services, not including tuition or	1072
professional growth reimbursement programs for county board	1073
members or employees.	1074

(2) "Professional services" does not mean services provided	1075
pursuant to a service contract as defined in section 5126.035 of	1076
the Revised Code.	1077

(B) Each county board of mental retardation and developmental	1078
disabilities shall submit to the board of county commissioners of	1079
each county that is served by the county board, in accordance with	1080
the normal budget process and as part of its budget request, a	1081
list identifying the total expenditures projected for any of the	1082
following:	1083

(1) Any membership dues of the members or employees of the	1084
county board, in any organization, association, or other entity;	1085

(2) Any professional services of the county board, its	1086
members or employees, or both;	1087

(3) Any training of the members or employees of the county	1088
board.	1089

Sec. 5126.056. (A) The department of mental retardation and	1090
developmental disabilities shall take action under division (B) of	1091
this section against a county board of mental retardation and	1092
developmental disabilities if any of the following are the case:	1093

(1) The county board fails to submit to the department all	1094
the components of its three-year plan required by section 5126.054	1095
of the Revised Code within the time required by division (B) of	1096
that section.	1097

(2) The department disapproves the county board's three-year	1098
plan under section 5123.046 of the Revised Code.	1099

(3) The county board fails, as required by division (C) of	1100
section 5126.054 of the Revised Code, to update and renew its	1101
three-year plan in accordance with a schedule the department	1102
develops under that section.	1103

(4) The county board fails to implement its initial or	1104
renewed three-year plan approved by the department.	1105

(5) The county board fails to correct a deficiency within the	1106
time required by division (G) of section 5126.055 of the Revised	1107
Code to the satisfaction of the department.	1108

(6) The county board fails to submit an acceptable plan of	1109
correction to the department within the time required by division	1110
(G)(2) of section 5126.055 of the Revised Code.	1111

(B) If required by division (A) of this section to take	1112
action against a county board, the department shall issue an order	1113
terminating the county board's medicaid local administrative	1114
authority over all or part of home and community-based services,	1115
medicaid case management services, habilitation center services,	1116
all or part of two of those services, or all or part of all three	1117
of those services. The department shall provide a copy of the	1118
order to the board of county commissioners, senior probate judge,	1119
county auditor, and president and superintendent of the county	1120
board. The department shall specify in the order the medicaid	1121
local administrative authority that the department is terminating,	1122
the reason for the termination, and the county board's option and	1123
responsibilities under this division.	1124

A county board whose medicaid local administrative authority	1125
is terminated may, not later than thirty days after the department	1126
issues the termination order, recommend to the department that	1127
another county board that has not had any of its medicaid local	1128
administrative authority terminated or another entity the	1129
department approves administer the services for which the county	1130
board's medicaid local administrative authority is terminated. The	1131
department may contract with the other county board or entity to	1132
administer the services. If the department enters into such a	1133
contract, the county board shall adopt a resolution giving the	1134
other county board or entity full medicaid local administrative	1135
authority over the services that the other county board or entity	1136
is to administer. The other county board or entity shall be known	1137
as the contracting authority.	1138

If the department rejects the county board's recommendation	1139
regarding a contracting authority, the county board may appeal the	1140
rejection under section 5123.043 of the Revised Code.	1141

If the county board does not submit a recommendation to the	1142
department regarding a contracting authority within the required	1143
time or the department rejects the county board's recommendation	1144
and the rejection is upheld pursuant to an appeal, if any, under	1145
section 5123.043 of the Revised Code, the department shall appoint	1146
an administrative receiver to administer the services for which	1147
the county board's medicaid local administrative authority is	1148
terminated. To the extent necessary for the department to appoint	1149
an administrative receiver, the department may utilize employees	1150
of the department, management personnel from another county board,	1151
or other individuals who are not employed by or affiliated with in	1152
any manner a person that provides home and community-based	1153
services, medicaid case management services, or habilitation	1154
center services pursuant to a contract with any county board. The	1155
administrative receiver shall assume full administrative	1156
responsibility for the county board's services for which the	1157
county board's medicaid local administrative authority is	1158
terminated.	1159

The contracting authority or administrative receiver shall	1160
develop and submit to the department a plan of correction to	1161
remediate the problems that caused the department to issue the	1162
termination order. If, after reviewing the plan, the department	1163
approves it, the contracting authority or administrative receiver	1164
shall implement the plan.	1165

The county board shall transfer control of state and federal	1166
funds it is otherwise eligible to receive for the services for	1167
which the county board's medicaid local administrative authority	1168
is terminated and funds the county board may use under division	1169
(B) of section 5126.057 of the Revised Code to pay the nonfederal	1170
share of the services that the county board is required by	1171
division (A) of that section to pay. The county board shall	1172
transfer control of the funds to the contracting authority or	1173
administrative receiver administering the services. The amount the	1174
county board shall transfer shall be the amount necessary for the	1175
contracting authority or administrative receiver to fulfill its	1176
duties in administering the services, including its duties to pay	1177
its personnel for time worked, travel, and related matters. If the	1178
county board fails to make the transfer, the department may	1179
withhold the state and federal funds from the county board and	1180
bring a mandamus action against the county board in the court of	1181
common pleas of the county served by the county board or in the	1182
Franklin county court of common pleas. The mandamus action may not	1183
require that the county board transfer any funds other than the	1184
funds the county board is required by division (B) of this section	1185
to transfer.	1186

The contracting authority or administrative receiver has the	1187
right to authorize the payment of bills in the same manner that	1188
the county board may authorize payment of bills under this chapter	1189
and section 319.16 of the Revised Code.	1190

Sec. 5126.058. (A) Each county board of mental retardation	1191
and developmental disabilities shall prepare a memorandum of	1192
understanding that is developed by all of the following and that	1193
is signed by the persons identified in divisions (A)(3)(2) to	1194
(8)(7) of this section:	1195

(1) If there is only one probate judge in the county, theThe	1196
senior probate judge of the county or the senior probate judge's	1197
representative;	1198

(2) If there is more than one probate judge in the county, a	1199
probate judge or the probate judge's representative selected by	1200
the probate judges or, if they are unable to do so for any reason,	1201
the probate judge who is senior in point of service or the senior	1202
probate judge's representative;	1203

(3) The county peace officer;

1204

(4)(3) All chief municipal peace officers within the county;

1205

(5)(4) Other law enforcement officers handling abuse,	1206
neglect, and exploitation of mentally retarded and developmentally	1207
disabled persons in the county;	1208

(6)(5) The prosecuting attorney of the county;

1209

(7)(6) The public children services agency;

1210

(8)(7) The coroner of the county.

1211

(B) A memorandum of understanding shall set forth the normal	1212
operating procedure to be employed by all concerned officials in	1213
the execution of their respective responsibilities under this	1214
section and sections 313.12, 2151.421, 2903.16, 5126.31, and	1215
5126.33 of the Revised Code and shall have as its primary goal the	1216
elimination of all unnecessary interviews of persons who are the	1217
subject of reports made pursuant to this section. A failure to	1218
follow the procedure set forth in the memorandum by the concerned	1219
officials is not grounds for, and shall not result in, the	1220
dismissal of any charge or complaint arising from any reported	1221
case of abuse, neglect, or exploitation or the suppression of any	1222
evidence obtained as a result of any reported abuse, neglect, or	1223
exploitation and does not give any rights or grounds for appeal or	1224
post-conviction relief to any person.	1225

(C) A memorandum of understanding shall include, but is not	1226
limited to, all of the following:	1227

(1) The roles and responsibilities for handling emergency and	1228
nonemergency cases of abuse, neglect, or exploitation;	1229

(2) The roles and responsibilities for handling and	1230
coordinating investigations of reported cases of abuse, neglect,	1231
or exploitation and methods to be used in interviewing the person	1232
who is the subject of the report and who allegedly was abused,	1233
neglected, or exploited;	1234

(3) The roles and responsibilities for addressing the	1235
categories of persons who may interview the person who is the	1236
subject of the report and who allegedly was abused, neglected, or	1237
exploited;	1238

(4) The roles and responsibilities for providing victim	1239
services to mentally retarded and developmentally disabled persons	1240
pursuant to Chapter 2930. of the Revised Code;	1241

(5) The roles and responsibilities for the filing of criminal	1242
charges against persons alleged to have abused, neglected, or	1243
exploited mentally retarded or developmentally disabled persons.	1244

(D) A memorandum of understanding may be signed by victim	1245
advocates, municipal court judges, municipal prosecutors, and any	1246
other person whose participation furthers the goals of a	1247
memorandum of understanding, as set forth in this section.	1248

Sec. 5126.081.  (A) In addition to the rules adopted under	1249
division (A)(2) of section 5126.08 of the Revised Code	1250
establishing standards for the administration, provision,	1251
arrangement, and operation of programs and services by county	1252
boards of mental retardation and developmental disabilities, the	1253
department of mental retardation and developmental disabilities	1254
shall establish a system of accreditation for county boards of	1255
mental retardation and developmental disabilities to ensure that	1256
the boards are in compliance with federal and state statutes and	1257
rules. The department shall adopt rules in accordance with Chapter	1258
119. of the Revised Code governing the system of accreditation.	1259
The rules shall include appropriate timelines for compliance when	1260
a board is found to be not in compliance and appropriate actions	1261
to be taken by boards in complying with the accreditation	1262
requirements.	1263

(B) Prior to accrediting a board, the department shall	1264
conduct a comprehensive, on-site review of the board. During the	1265
review, the department shall document the board's compliance with	1266
the department's accreditation requirements. After completing the	1267
review, the department shall conduct an exit conference with the	1268
president of the board, the superintendent of the board, and any	1269
other officials the board asks to have present. The department	1270
shall discuss its findings from the review with the board's	1271
representatives and provide a written report of its findings not	1272
later than thirty days following the exit conference. If the	1273
department finds that the board is in compliance with the	1274
requirements for accreditation, the department shall issue	1275
evidence of accreditation to the board.	1276

Accreditation may be granted for periods of up to five years	1277
and may be renewed. Not less than once prior to the date a board's	1278
accreditation is scheduled to expire, the department shall conduct	1279
a comprehensive, on-site review of the board.	1280

Each board shall conduct an annual audit of itself to	1281
evaluate its compliance with the requirements for accreditation.	1282
The department may conduct an interim review of any new program or	1283
service initiated by a board after its last comprehensive review.	1284
The department may conduct other reviews and investigations as	1285
necessary to enforce this section.	1286

(C) If the department determines through its review of a	1287
board that the board is not in compliance with the requirements	1288
for accreditation, the department shall, except as provided in	1289
division (F) of this section, grant the board an opportunity to	1290
correct the matters in which it is not in compliance. The	1291
department shall grant the board an appropriate length of time to	1292
comply with the requirements prior to taking any action to deny	1293
accreditation to the board. To avoid denial of accreditation, the	1294
board superintendent shall prepare a plan of correction to	1295
remediate the matters specified in the department's written report	1296
as not being in compliance with the requirements for	1297
accreditation. The superintendent shall submit the plan to the	1298
board for review, and the board shall review the plan. If the	1299
board believes that the plan is sufficient to correct the matters,	1300
the board shall approve the plan by resolution and submit the plan	1301
to the department for its review. The department shall review the	1302
plan of correction. If the department approves the plan, the board	1303
shall commence action to implement the plan. The department shall,	1304
as necessary, conduct follow-up reviews of the board to determine	1305
whether it has met the requirements for accreditation. If the plan	1306
of correction submitted by a board is disapproved, the department	1307
shall inform the board of the reasons for disapproval and may	1308
grant the board an opportunity to submit a revised plan of	1309
correction.	1310

A board may request technical assistance from the department,	1311
other boards, or professional organizations in preparing plans of	1312
correction and in implementing plans of correction.	1313

(D) If, after being given the opportunity to implement a plan	1314
of correction, a board continues to fail to meet the requirements	1315
for accreditation, the department shall issue an order denying	1316
accreditation to the board. The department may deny accreditation	1317
to the board for all or part of the programs or services offered	1318
by the board.	1319

The department shall simultaneously notify all of the	1320
following officials in the county: the members of the board of	1321
county commissioners, the senior probate judge, the county	1322
auditor, and the president and superintendent of the county board	1323
of mental retardation and developmental disabilities. The notice	1324
shall identify the programs and services that have been denied	1325
accreditation, the requirements for accreditation with which the	1326
board is not in compliance, and the responsibilities of the county	1327
officials to contract under division (E)(1) of this section to	1328
have the board's programs and services administered by another	1329
party or become subject to administrative receivership under	1330
division (E)(2) of this section.	1331

(E)(1) When a board is denied accreditation, the department	1332
shall first give the board the option of contracting to have the	1333
board's programs and services that were denied accreditation	1334
administered by an accredited county board of mental retardation	1335
and developmental disabilities or another qualified entity subject	1336
to the approval of the department. The board may contract with	1337
more than one board that has been accredited. When a board enters	1338
into a contract, the board shall, by resolution, give the	1339
contractor full administrative authority over the programs and	1340
services that the contractor will administer.	1341

(2) If a board fails to exercise its option of entering into	1342
a contract under division (E)(1) of this section sooner than	1343
thirty days after the department denies accreditation, the	1344
department shall appoint an administrative receiver of the board's	1345
programs and services that were denied accreditation. The	1346
department may appoint employees of the department, management	1347
personnel from county boards of mental retardation and	1348
developmental disabilities, or individuals from other entities as	1349
necessary to meet its needs for appointing an administrative	1350
receiver, except that individuals from other entities may be	1351
appointed only when qualified department employees or board	1352
management personnel are unavailable. The department may not	1353
appoint an individual who is employed by or affiliated with an	1354
entity that is under contract with the board. The administrative	1355
receiver shall assume full administrative responsibility for the	1356
board's programs and services that were denied accreditation.	1357

(3) The board or entity that contracts with a board under	1358
division (E)(1) of this section, or the administrative receiver	1359
appointed under division (E)(2) of this section, shall develop and	1360
implement a plan of correction to remediate the matters that	1361
caused the department to deny accreditation. The contractor or	1362
administrative receiver shall submit the plan to the department,	1363
and the department shall review the plan. If the plan is approved	1364
by the department, the contractor or administrative receiver shall	1365
commence action to implement the plan. The contractor or	1366
administrative receiver shall report to the department any	1367
findings it can make pertaining to issues or circumstances that	1368
are beyond the control of the board and result in the unlikelihood	1369
that compliance with the requirements for accreditation can be	1370
achieved unless the issues or circumstances are remediated.	1371

(4) For purposes of divisions (E)(1) and (2) of this section,	1372
the department shall require the board that has been denied	1373
accreditation to transfer control of state and federal funds it is	1374
eligible to receive for the board's programs and services that	1375
have been denied accreditation in an amount necessary for the	1376
contractor or administrative receiver to fulfill its duties in	1377
administering the programs and services for the board. The	1378
transfer of control of funds does not cause any programs and	1379
services of the board that are accredited to lose their	1380
accreditation. If the board refuses to transfer control of funds,	1381
the department may withhold state and federal funds from the board	1382
in an amount necessary for the contractor or administrative	1383
receiver to fulfill its duties. The amount transferred or withheld	1384
from a board shall include reimbursements for the personnel of the	1385
contractor or administrative receiver, including amounts for time	1386
worked, travel, and related expenses.	1387

A contractor or administrative receiver that has assumed the	1388
administration of a board's programs and services has the right to	1389
authorize the payment of bills in the same manner that a board may	1390
authorize payment of bills under this chapter and section 319.16	1391
of the Revised Code.	1392

(F) When the department's review of a board reveals serious	1393
health and safety issues within the programs and services offered	1394
by the board, the department shall order the board to correct the	1395
violations immediately or appoint an administrative receiver.	1396

(G) At any time a board can demonstrate that it is capable of	1397
assuming its duties in compliance with the department's	1398
requirements for accreditation, the department shall reverse its	1399
order denying accreditation and issue evidence of accreditation to	1400
the board.	1401

A board may appeal the department's denial of accreditation	1402
or refusal to reverse a denial of accreditation only by filing a	1403
complaint under section 5123.043 of the Revised Code. If in its	1404
appeal the board can demonstrate that it is capable of assuming	1405
its duties in compliance with the department's requirements for	1406
accreditation, the department shall reverse its order denying	1407
accreditation and shall issue evidence of accreditation to the	1408
board.	1409

(H) All notices issued to a board by the department under	1410
this section shall be delivered to the board's president and	1411
superintendent.	1412

(I) A board's president may designate another member of the	1413
board as the individual to be responsible for fulfilling all or	1414
part of the president's responsibilities established under this	1415
section.	1416

Sec. 5126.30.  As used in sections 5126.30 to 5126.34 of the	1417
Revised Code:	1418

(A) "Adult" means a person eighteen years of age or older	1419
with mental retardation or a developmental disability.	1420

(B) "Caretaker" means a person who is responsible for the	1421
care of an adult by order of a court, including an order of	1422
guardianship, or who assumes the responsibility for the care of an	1423
adult as a volunteer, as a family member, by contract, or by the	1424
acceptance of payment for care.	1425

(C) "Abuse" has the same meaning as in section 5123.50 of the	1426
Revised Code, except that it includes a misappropriation, as	1427
defined in that section.	1428

(D) "Neglect" has the same meaning as in section 5123.50 of	1429
the Revised Code.	1430

(E) "Exploitation" means the unlawful or improper act of a	1431
caretaker using an adult or an adult's resources for monetary or	1432
personal benefit, profit, or gain, including misappropriation, as	1433
defined in section 5123.50 of the Revised Code, of an adult's	1434
resources.	1435

(F) "Working day" means Monday, Tuesday, Wednesday, Thursday,	1436
or Friday, except when that day is a holiday as defined in section	1437
1.14 of the Revised Code.	1438

(G) "Incapacitated" means lacking understanding or capacity,	1439
with or without the assistance of a caretaker, to make and carry	1440
out decisions regarding food, clothing, shelter, health care, or	1441
other necessities, but does not include mere refusal to consent to	1442
the provision of services.	1443

(H) "Emergency protective services" means protective services	1444
furnished to a person with mental retardation or a developmental	1445
disability to prevent immediate physical harm.	1446

(I) "Protective services" means services provided by the	1447
county board of mental retardation and developmental disabilities	1448
to an adult with mental retardation or a developmental disability	1449
for the prevention, correction, or discontinuance of an act of as	1450
well as conditions resulting from abuse, neglect, or exploitation.	1451

(J) "Protective service plan" means an individualized plan	1452
developed by the county board of mental retardation and	1453
developmental disabilities to prevent the further abuse, neglect,	1454
or exploitation of an adult with mental retardation or a	1455
developmental disability.	1456

(K) "Substantial risk" has the same meaning as in section	1457
2901.01 of the Revised Code.	1458

(L) "Party" means all of the following:

1459

(1) An adult who is the subject of a probate proceeding under	1460
sections 5126.30 to 5126.33 of the Revised Code;	1461

(2) A caretaker, unless otherwise ordered by the probate	1462
court;	1463

(3) Any other person designated as a party by the probate	1464
court including but not limited to, the adult's spouse, custodian,	1465
guardian, or parent.	1466

(M) "Board" has the same meaning as in section 5126.02 of the	1467
Revised Codemeans a county board of mental retardation and	1468
developmental disabilities.	1469

Sec. 5705.191.  The taxing authority of any subdivision,	1470
other than the board of education of a school district or the	1471
taxing authority of a county school financing district, by a vote	1472
of two-thirds of all its members, may declare by resolution that	1473
the amount of taxes that may be raised within the ten-mill	1474
limitation by levies on the current tax duplicate will be	1475
insufficient to provide an adequate amount for the necessary	1476
requirements of the subdivision, and that it is necessary to levy	1477
a tax in excess of such limitation for any of the purposes in	1478
section 5705.19 of the Revised Code, or to supplement the general	1479
fund for the purpose of making appropriations for one or more of	1480
the following purposes: public assistance, human or social	1481
services, relief, welfare, hospitalization, health, and support of	1482
general hospitals, and that the question of such additional tax	1483
levy shall be submitted to the electors of the subdivision at a	1484
general, primary, or special election to be held at a time therein	1485
specified. Such resolution shall not include a levy on the current	1486
tax list and duplicate unless such election is to be held at or	1487
prior to the general election day of the current tax year. Such	1488
resolution shall conform to the requirements of section 5705.19 of	1489
the Revised Code, except that a levy to supplement the general	1490
fund for the purposes of public assistance, human or social	1491
services, relief, welfare, hospitalization, health, or the support	1492
of general or tuberculosis hospitals may not be for a longer	1493
period than ten years. All other levies under this section may not	1494
be for a longer period than five years unless a longer period is	1495
permitted by section 5705.19 of the Revised Code, and the	1496
resolution shall specify the date of holding such election, which	1497
shall not be earlier than seventy-five days after the adoption and	1498
certification of such resolution. The resolution shall go into	1499
immediate effect upon its passage and no publication of the same	1500
is necessary other than that provided for in the notice of	1501
election. A copy of such resolution, immediately after its	1502
passage, shall be certified to the board of elections of the	1503
proper county or counties in the manner provided by section	1504
5705.25 of the Revised Code, and such section shall govern the	1505
arrangements for the submission of such question and other matters	1506
with respect to such election, to which section 5705.25 of the	1507
Revised Code refers, excepting that such election shall be held on	1508
the date specified in the resolution, which shall be consistent	1509
with the requirements of section 3501.01 of the Revised Code,	1510
provided that only one special election for the submission of such	1511
question may be held in any one calendar year and provided that a	1512
special election may be held upon the same day a primary election	1513
is held. Publication of notice of such election shall be made in	1514
one or more newspapers of general circulation in the county once a	1515
week for four consecutive weeks.	1516

If a majority of the electors voting on the question vote in	1517
favor thereof, the taxing authority of the subdivision may make	1518
the necessary levy within such subdivision at the additional rate	1519
or at any lesser rate outside the ten-mill limitation on the tax	1520
list and duplicate for the purpose stated in the resolution. Such	1521
tax levy shall be included in the next annual tax budget that is	1522
certified to the county budget commission.	1523

After the approval of such a levy by the electors, the taxing	1524
authority of the subdivision may anticipate a fraction of the	1525
proceeds of such levy and issue anticipation notes. In the case of	1526
a continuing levy that is not levied for the purpose of current	1527
expenses, notes may be issued at any time after approval of the	1528
levy in an amount not more than fifty per cent of the total	1529
estimated proceeds of the levy for the succeeding ten years, less	1530
an amount equal to the fraction of the proceeds of the levy	1531
previously anticipated by the issuance of anticipation notes. In	1532
the case of a levy for a fixed period that is not for the purpose	1533
of current expenses, notes may be issued at any time after	1534
approval of the levy in an amount not more than fifty per cent of	1535
the total estimated proceeds of the levy throughout the remaining	1536
life of the levy, less an amount equal to the fraction of the	1537
proceeds of the levy previously anticipated by the issuance of	1538
anticipation notes. In the case of a levy for current expenses,	1539
notes may be issued after the approval of the levy by the electors	1540
and prior to the time when the first tax collection from the levy	1541
can be made. Such notes may be issued in an amount not more than	1542
fifty per cent of the total estimated proceeds of the levy	1543
throughout the term of the levy in the case of a levy for a fixed	1544
period, or fifty per cent of the total estimated proceeds for the	1545
first ten years of the levy in the case of a continuing levy.	1546

No anticipation notes that increase the net indebtedness of a	1547
county may be issued without the prior consent of the board of	1548
county commissioners of that county. The notes shall be issued as	1549
provided in section 133.24 of the Revised Code, shall have	1550
principal payments during each year after the year of their	1551
issuance over a period not exceeding the life of the levy	1552
anticipated, and may have a principal payment in the year of their	1553
issuance.	1554

"Taxing authority" and "subdivision" have the same meanings	1555
as in section 5705.01 of the Revised Code.	1556

"Human or social services" includes a county's contributions	1557
to a multicounty board of mental retardation and developmental	1558
disabilities of which the county is a member.	1559

This section is supplemental to and not in derogation of	1560
sections 5705.20, 5705.21, and 5705.22 of the Revised Code.	1561

Sec. 5705.222.  (A) At any time the board of county	1562
commissioners of any county by a majority vote of the full	1563
membership may declare by resolution and certify to the board of	1564
elections of the county that the amount of taxes which may be	1565
raised within the ten-mill limitation by levies on the current tax	1566
duplicate will be insufficient to provide the necessary	1567
requirements of the single county board of mental retardation and	1568
developmental disabilities established pursuant to Chapter 5126.	1569
of the Revised Code, or the county's contribution to a multicounty	1570
board created under that chapter of which the county is a member,	1571
and that it is necessary to levy a tax in excess of such	1572
limitation for the operation of programs and services by county	1573
boards of mental retardation and developmental disabilities and	1574
for the acquisition, construction, renovation, financing,	1575
maintenance, and operation of mental retardation and developmental	1576
disabilities facilities.	1577

Such resolution shall conform to section 5705.19 of the	1578
Revised Code, except that the increased rate may be in effect for	1579
any number of years not exceeding ten or for a continuing period	1580
of time.	1581

The resolution shall be certified and submitted in the manner	1582
provided in section 5705.25 of the Revised Code, except that it	1583
may be placed on the ballot in any election, and shall be	1584
certified to the board of elections not less than seventy-five	1585
days before the election at which it will be voted upon.	1586

If the majority of the electors voting on a levy for the	1587
support of the programs and services of the county board of mental	1588
retardation and developmental disabilities vote in favor of the	1589
levy, the board of county commissioners may levy a tax within the	1590
county at the additional rate outside the ten-mill limitation	1591
during the specified or continuing period, for the purpose stated	1592
in the resolution. The county board of mental retardation and	1593
developmental disabilities, within its budget and with the	1594
approval of the board of county commissioners through annual	1595
appropriations, shall use the proceeds of a levy approved under	1596
this section solely for the purposes authorized by this section.	1597

(B) When electors have approved a tax levy under this	1598
section, the county commissioners may anticipate a fraction of the	1599
proceeds of the levy and issue anticipation notes in accordance	1600
with section 5705.191 or 5705.193 of the Revised Code.	1601

(C) The county auditor, upon receipt of a resolution from the	1602
county board of mental retardation and developmental disabilities,	1603
shall establish a capital improvements account or a reserve	1604
balance account, or both, as specified in the resolution. The	1605
capital improvements account shall be a contingency account for	1606
the necessary acquisition, replacement, renovation, or	1607
construction of facilities and movable and fixed equipment. Upon	1608
the request of the county board of mental retardation and	1609
developmental disabilities, moneys not needed to pay for current	1610
expenses may be appropriated to this account, in amounts such that	1611
this account does not exceed twenty-five per cent of the	1612
replacement value of all capital facilities and equipment	1613
currently used by the county board of mental retardation and	1614
developmental disabilities for mental retardation and	1615
developmental disabilities programs and services. Other moneys	1616
available for current capital expenses from federal, state, or	1617
local sources may also be appropriated to this account.	1618

The reserve balance account shall contain those moneys that	1619
are not needed to pay for current operating expenses and not	1620
deposited in the capital improvements account but that will be	1621
needed to pay for operating expenses in the future. Upon the	1622
request of a county board of mental retardation and developmental	1623
disabilities, the board of county commissioners may appropriate	1624
moneys to the reserve balance account.	1625

Section 2. That existing sections 5126.01, 5126.02, 5126.021,	1626
5126.022, 5126.023, 5126.024, 5126.03, 5126.031, 5126.033,	1627
5126.034, 5126.056, 5126.058, 5126.081, 5126.30, 5705.191, and	1628
5705.222 of the Revised Code are hereby repealed.	1629

Section 3. (A) As used in this section, "immediate family"	1630
has the same meaning as in section 5126.01 of the Revised Code.	1631

Not later than thirty days after the effective date of this	1632
section, each individual who serves as a member of a county board	1633
of mental retardation and developmental disabilities on the	1634
effective date of this section shall provide to the superintendent	1635
of the county board a written declaration specifying both of the	1636
following:	1637

(1) That no circumstance described in section 5126.029 of the	1638
Revised Code exists that bars the individual from serving on the	1639
county board;	1640

(2) Whether the individual or an immediate family member of	1641
the individual has an ownership interest in or is under contract	1642
with an agency contracting with the county board, and, if such an	1643
ownership interest or contract exists, the identity of the agency	1644
and the nature of the relationship to that agency.	1645

(B) Each declaration provided to a county board	1646
superintendent under this section is a public record for the	1647
purpose of section 149.43 of the Revised Code.	1648