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hb969_00_IN
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 969
2025-2026
Representatives Klopfenstein, Hiner
To
amend sections 3709.03 and 3709.07 of the Revised Code
to
make changes regarding the composition of some local boards of
health.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3709.03 and 3709.07 of the Revised Code be amended to read
as follows:
Sec.
3709.03.
(A)
There is hereby created in each general health district a district
advisory council. A council shall consist of the president of the
board of county commissioners, the chief executive of each municipal
corporation not constituting a city health district, and the
chairperson of the board of township trustees of each township. The
board of county commissioners, the legislative body of a municipal
corporation, and the board of township trustees of a township may
select an alternate from among themselves to serve if the president,
the chief executive, or the chairperson is unable to attend any
meeting of the district advisory council. When attending a meeting on
behalf of a council member, the alternate may vote on any matter on
which the member is authorized to vote.
The
council shall organize by selecting a chair and secretary from among
its members. The council shall adopt bylaws governing its meetings,
the transaction of business, and voting procedures.
The
council shall meet annually in March at a place determined by the
chair and the health commissioner for the purpose of electing the
chair and the secretary, making necessary appointments to the board
of health, receiving and considering the annual or special reports
from the board of health, and making recommendations to the board of
health or to the department of health in regard to matters for the
betterment of health and sanitation within the district or for needed
legislation. The secretary of the council shall notify the district
health commissioner and the director of health of the proceedings of
such meeting.
Special
meetings of the council shall be held on the order of any of the
following:
(1)
The director of health;
(2)
The board of health;
(3)
The lesser of five or a majority of district advisory council
members.
The
district health commissioner shall attend all meetings of the
council.
(B)
The district advisory council shall appoint five members of the board
of health, unless the board of health has established a health
district licensing council under section 3709.41 of the Revised Code,
in which case, the district advisory council shall appoint four
members of the board of health, and the health district licensing
council shall appoint one member of the board of health. At least one
member of the board of health shall be
either
a
physician
,
physician assistant, or certified nurse practitioner as defined in
section 4723.01 of the Revised Code
.
Appointments shall be made with due regard to equal representation of
all parts of the district.
(C)
If at an annual or special meeting at which a member of the board of
health is to be appointed fewer than a majority of the members of the
district council are present, the council, by the majority vote of
council members present, may organize an executive committee to make
the appointment. An executive committee shall consist of five council
members, including the president of the board of county
commissioners, the council chair, the council secretary, and two
additional council members selected by majority affirmative vote of
the council members present at the meeting. The additional members
selected shall include one representative of municipal corporations
in the district that are not city health districts and one
representative of townships in the district. If an individual is
eligible for more than one position on the executive committee due to
holding a particular office, the individual shall fill one position
on the committee and the other position shall be filled by a member
selected by a majority affirmative vote of the council members
present at the meeting. A council member's alternate for annual
meetings may serve as the member's alternate at meetings of the
executive committee.
Not
later than thirty days after an executive committee is organized, the
committee shall meet and the council chair shall present to the
committee the matter of appointing a member of the board of health.
The committee shall appoint the board member by majority affirmative
vote. In the case of a combined health district, the executive
committee shall appoint only members of the board of health that are
to be appointed by the district advisory council, unless the contract
for administration of health affairs in the combined district
provides otherwise. If a majority affirmative vote is not reached
within thirty days after the executive committee is organized, the
director of health shall appoint the member of the board of health
under the authority conferred by section 3709.03 of the Revised Code.
If
the council fails to meet or appoint a member of the board of health
as required by this section or section 3709.02 of the Revised Code,
the director of health may appoint the member.
Sec.
3709.07.
Except
as provided in section 3709.071 of the Revised Code, when it is
proposed that one or more city health districts unite with a general
health district in the formation of a single district, the district
advisory council of the general health district shall meet and vote
on the question of union. It shall require a majority affirmative
vote of the members of the district advisory council to carry the
question. The legislative authority of each city constituting a city
health district shall likewise vote on the question. A majority
voting affirmatively shall be required for approval. When the
majority of the district advisory council and the legislative
authority have voted affirmatively, the chair of the council and the
chief executive of each city shall enter into a contract for the
administration of health affairs in the combined district. Such
contract shall state the proportion of the expenses of the board of
health or health department of the combined district t o be paid by
the city or cities and by the original general health district. The
contract may provide that the administration of the combined district
shall be taken over by either the board of health or health
department of one of the cities, by the board of health of the
general health district, or by a combined board of health. Such
contract shall prescribe the date on which such change of
administration shall be made. A copy of such contract shall be filed
with the director of health.
The
combined district shall constitute a general health district, and the
board of health or health department of the city, the board of health
of the original general health district, or the combined board of
health, as may be agreed in the contract, shall have, within the
combined district, all the powers granted to, and perform all the
duties required of, the board of health of a general health district.
The
district advisory council of the combined general health district
shall consist of the members of the district advisory council of the
original general health district and the chief executive of each city
constituting a city health district, each member having one vote.
If
the contract provides that the administration of the combined
district shall be taken over by a combined board of health, rather
than the board of health of the original health district, the
contract shall set forth the number of members of such board, their
terms of office, and the manner of appointment or election of
officers. One of the members of such combined board of health shall
be
either
a
physician
,
physician assistant, or certified nurse practitioner as defined in
section 4723.01 of the Revised Code
,
and one member shall be an individual appointed by the health
district licensing council, if such council is established under
section 3709.41 of the Revised Code. The contract may also provide
for the representation of areas by one or more members and shall, in
such event, specify the territory to be included in each such area.
The
appointment of any member of the combined board who is designated by
the provisions of the contract to represent a city shall be made by
the chief executive and approved by the legislative authority of such
city. If a member is designated by the contract to represent more
than one city, the member shall be appointed by majority vote of the
chief executives of all cities included in any such area. Except for
the member appointed by the health district licensing council, if
such council is established, the appointment of all members of the
combined board who are designated to represent the balance of the
district shall be made by the district advisory council.
The
service status of any person employed by a city or general health
district shall not be affected by the creation of a combined
district.
Section
2.
That
existing sections 3709.03 and 3709.07 of the Revised Code are hereby
repealed.