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S. B. No. 47 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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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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