As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 128 5
1999-2000 6
REPRESENTATIVES BOYD-LAWRENCE-PRINGLE-JONES-FORD-NETZLEY- 8
OPFER-MEAD-D.MILLER-HARTNETT-BARRETT-ALLEN 9
10
A B I L L
To create for a period of six months the Employment 12
Disqualification Study Committee to study the 13
provisions of the Revised Code that disqualify 14
persons who are convicted of or plead guilty to
certain offenses from obtaining specified 15
employment, contracts, or licensing or from being
permitted to perform specified duties, to 16
determine the impact of those provisions on the 17
Ohio Works First program, to seek federal funds
to assist in conducting the study, and, within 19
six months after this act's effective date, to
make recommendations to the General Assembly 20
regarding possible revisions to those provisions; 21
and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. (A) There is hereby created the Employment 25
Disqualification Study Committee consisting of eleven members. 26
The Speaker of the House of Representatives shall appoint three 27
members from the House of Representatives, no more than two of 28
whom shall be from the same political party. The President of 29
the Senate shall appoint three members from the Senate, no more 30
than two of whom shall be from the same political party. The 31
Attorney General shall appoint one member to represent the office 33
of the Attorney General. The Superintendent of Public
Instruction shall appoint one member to represent the Department 34
2
of Education. The Director of Rehabilitation and Correction 35
shall appoint one member to represent the Department of 36
Rehabilitation and Correction. The Director of Human Services 37
shall appoint one member to represent the Department of Human 38
Services. The Ohio Education Association shall appoint one 39
member who shall be a teacher or a school administrator.
The initial appointments to the Employment Disqualification 42
Study Committee shall be made within thirty days after this 43
section's effective date. A vacancy on the committee shall be 44
filled in the same manner as the original appointment. The 45
Speaker of the House of Representatives shall appoint the
chairperson of the committee. The members of the committee shall 46
serve without compensation. The Department of Human Services 47
shall provide facilities in which the committee shall meet, 48
provide any clerical or other services required by the committee 49
in performing its official duties, and be responsible for any 51
administrative expenses incurred by the committee in performing 52
its official duties.
(B) The Employment Disqualification Study Committee shall 55
do all of the following:
(1) Hold its first meeting within fourteen days after the 57
initial appointments to the committee described in division (A) 58
of this section have been made; 59
(2) Review sections 173.41, 2151.86, 3301.32, 3301.541, 61
3319.31, 3319.311, 3319.39, 3701.881, 3712.09, 3721.121, 62
3722.151, 5104.012, 5104.013, 5126.28, 5126.281, and 5153.111 of 63
the Revised Code and the offenses listed or described in those 64
sections;
(3) Determine the impact of sections 173.41, 2151.86, 66
3301.32, 3301.541, 3319.31, 3319.311, 3319.39, 3701.881, 3712.09, 67
3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, and 68
5153.111 of the Revised Code on the ability of the Ohio Works 69
First program to help the program's participants find
self-sufficiency through employment; 70
3
(4) Seek any funds available under Title IV-A of the 72
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 73
amended, to assist the committee in fulfilling its duties; 74
(5) Develop recommendations regarding sections 173.41, 77
2151.86, 3301.32, 3301.541, 3319.31, 3319.311, 3319.39, 3701.881,
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 78
5126.281, and 5153.111 of the Revised Code and the offenses 79
specified in those sections that shall include recommendations 80
regarding all of the following: 82
(a) Whether a person who is convicted of or pleads guilty 84
to committing more than one of the offenses specified in any of 85
those sections should be permanently prevented or prevented for a 87
specified period of time from obtaining the employment, contract, 88
or licensing described in any of those sections or from being 89
permitted to perform the duties described in any of those 90
sections;
(b) Whether a person who has been convicted of or pleads 92
guilty to committing only one of the offenses specified in any of 93
those sections should be permanently prevented or prevented for a 95
specified period of time from obtaining the employment, contract, 96
or licensing described in any of those sections or from being 97
permitted to perform the duties described in any of those 98
sections;
(c) Whether a person who is convicted of or pleads guilty 100
to committing one or more of the offenses specified in any of 101
those sections can be sufficiently rehabilitated as to merit the 103
person obtaining the employment, contract, or licensing described 104
in any of those sections or being permitted to perform the duties 105
described in any of those sections and, if the person can be
sufficiently rehabilitated, what standard should be used to 106
determine whether the person has been sufficiently rehabilitated; 108
(d) Which of the offenses described in any of those 110
sections, if any, the conviction of or plea of guilty to which 112
merit permanently preventing a person from obtaining the 113
4
employment, contract, or licensing described in any of those
sections or from being permitted to perform the duties described 114
in any of those sections and which of those offenses, if any, the 115
conviction of or plea of guilty to which merit preventing a 116
person from obtaining the employment, contract, or licensing 117
described in any of those sections or from being permitted to 118
perform the duties described in any of those sections for a
specified period of time; 120
(e) If the conviction of or plea of guilty to one of the 122
offenses specified in any of those sections merits preventing a 123
person from obtaining the employment, contract, or licensing 125
described in any of those sections or from being permitted to
perform the duties described in any of those sections for a 126
specified period of time, what that period of time should be. 128
(6) Within six months after the effective date of this 130
section, submit a report of its findings and recommendations to 131
the Speaker and Minority Leader of the House of Representatives 132
and the President and Minority Leader of the Senate. 133
(C) The Employment Disqualification Study Committee shall 136
cease to exist six months after the effective date of this 137
section.
(D) As used in this section: 139
(1) "License" has the same meaning as in section 3319.31 141
of the Revised Code. 142
(2) "Licensing" means the issuance of a license. 144
Section 2. This act shall expire six months after its 146
effective date. 147
Section 3. This act is hereby declared to be an emergency 149
measure necessary for the immediate preservation of the public 150
peace, health, and safety. The reason for such necessity is that 151
persons will begin to lose eligibility for the Ohio Works First 152
program on October 1, 2000. The state crucially needs to 153
determine prior to this date whether sections 173.41, 2151.86,
3301.32, 3301.541, 3319.31, 3319.311, 3319.39, 3701.881, 3712.09, 154
5
3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, and 155
5153.111 of the Revised Code create unreasonable impediments to 156
the employment of Ohio Works First participants. Therefore, this 157
act shall go into immediate effect.