130th Ohio General Assembly
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S. B. No. 47  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 47


Senator Kearney 



A BILL
To amend sections 5126.028 and 5126.029 of the Revised Code to increase the membership of county boards of mental retardation and developmental disabilities.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5126.028 and 5126.029 of the Revised Code be amended to read as follows:
Sec. 5126.028.  Each single county board of mental retardation and developmental disabilities shall consist of nine members. Each multicounty county board of mental retardation and developmental disabilities shall consist of seven members. In
In the case of a single county board, the board of county commissioners of the county shall appoint five six members and the senior probate judge of the county shall appoint two three members. In the case of a multicounty board, the membership shall be appointed as follows:
(A) If there are five member counties, the board of county commissioners of each of the member counties shall each appoint one member, and the senior probate judges of the member counties with the largest and second largest population shall each appoint one member.
(B) If there are four member counties, the board of county commissioners of the member county with the largest population shall appoint two members, the other three boards of county commissioners shall each appoint one member, and the senior probate judges of the member counties with the largest and second largest population shall each appoint one member.
(C) If there are three member counties, the boards of county commissioners of the member counties with the largest and second largest populations shall each appoint two members, the other board of county commissioners shall appoint one member, and the senior probate judges of the member counties with the largest and second largest population shall each appoint one member.
(D) If there are two member counties, the board of county commissioners of the member county with the largest population shall appoint three members, the board of county commissioners of the other county shall appoint two members, and the senior probate judge of each county shall each appoint one member.
Sec. 5126.029.  (A) When making appointments to a county board of mental retardation and developmental disabilities, an appointing authority shall do all of the following:
(1) Appoint only individuals who are residents of the county the appointing authority serves, citizens of the United States, and interested and knowledgeable in the field of mental retardation and other allied fields;
(2) If the appointing authority is a board of county commissioners, appoint, subject to division (B) of this section, at:
(a) One individual eligible to receive services provided by the county board;
(b) At least two individuals who are immediate family members of individuals eligible for services provided by the county board and, whenever possible, ensure that one of those two members is an immediate family member of an individual eligible for adult services and the other is an immediate family member of an individual eligible for early intervention services or services for preschool or school-age children;
(3) If the appointing authority is a senior probate judge, appoint, subject to division (B) of this section, at:
(a) One individual eligible to receive services provided by the county board;
(b) At least one individual who is an immediate family member of an individual eligible for residential services or supported living;
(4) Appoint, to the maximum extent possible, individuals who have professional training and experience in business management, finance, law, health care practice, personnel administration, or government service;
(5) Provide for the county board's membership to reflect, as nearly as possible, the composition of the county or counties that the county board serves.
(B) The appointing authorities of a multicounty board shall coordinate their appointments to the extent necessary to satisfy the requirements of this section. The coordination may provide for one of the boards of county commissioners making one of the two appointments required by division (A)(2)(b) of this section and another board of county commissioners making the other appointment required by that division. The coordination shall ensure that at least one of the senior probate judges satisfies the requirement of division (A)(3)(b) of this section.
Section 2. That existing sections 5126.028 and 5126.029 of the Revised Code are hereby repealed.
Section 3. The initial additional board members required by this act shall be appointed not later than ninety days after the effective date of this section.
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