As Passed by the House 1
123rd General Assembly 4
Regular Session Am. H. B. No. 128 5
1999-2000 6
REPRESENTATIVES BOYD-LAWRENCE-PRINGLE-JONES-FORD-NETZLEY-OPFER- 8
MEAD-D. MILLER-HARTNETT-BARRETT-ALLEN-VERICH-HOOD-CATES-DISTEL- 9
BEATTY-BARNES-PERRY-VESPER-AMSTUTZ-O'BRIEN-FERDERBER-SMITH-BRITTON 10
_________________________________________________________________ 11
A B I L L
To create for a period of six months the Employment 13
Disqualification Study Committee to study the 14
provisions of the Revised Code that disqualify 15
persons who are convicted of or plead guilty to
certain offenses from obtaining specified 16
employment, contracts, or licensing or from being
permitted to perform specified duties; to 17
determine the impact of those provisions on the 18
Ohio Works First program; to seek federal funds
to assist in conducting the study; within six 19
months after this act's effective date, to make 20
recommendations to the General Assembly regarding 22
possible revisions to those provisions; and to
declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. (A) There is hereby created the Employment 26
Disqualification Study Committee consisting of eleven members. 27
The Speaker of the House of Representatives shall appoint three 28
members from the House of Representatives, no more than two of 29
whom shall be from the same political party. The President of 30
the Senate shall appoint three members from the Senate, no more 31
than two of whom shall be from the same political party. The 32
Attorney General shall appoint one member to represent the office 34
of the Attorney General. The Superintendent of Public
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Instruction shall appoint one member to represent the Department 35
of Education. The Director of Rehabilitation and Correction 36
shall appoint one member to represent the Department of 37
Rehabilitation and Correction. The Director of Human Services 38
shall appoint one member to represent the Department of Human 39
Services. The Supterintendent of Public Instruction shall
appoint one member who shall be a teacher or a school 41
administrator.
The initial appointments to the Employment Disqualification 44
Study Committee shall be made within thirty days after this 45
section's effective date. A vacancy on the committee shall be 46
filled in the same manner as the original appointment. The 47
Speaker of the House of Representatives shall appoint the
chairperson of the committee. The members of the committee shall 48
serve without compensation. The Department of Human Services 49
shall provide facilities in which the committee shall meet, 50
provide any clerical or other services required by the committee 51
in performing its official duties, and be responsible for any 53
administrative expenses incurred by the committee in performing 54
its official duties.
(B) The Employment Disqualification Study Committee shall 57
do all of the following:
(1) Hold its first meeting within fourteen days after the 59
initial appointments to the committee described in division (A) 60
of this section have been made; 61
(2) Review sections 173.41, 2151.86, 3301.32, 3301.541, 63
3319.31, 3319.311, 3319.39, 3701.881, 3712.09, 3721.121, 64
3722.151, 5104.012, 5104.013, 5126.28, 5126.281, and 5153.111 of 65
the Revised Code and the offenses listed or described in those 66
sections;
(3) Determine the impact of sections 173.41, 2151.86, 68
3301.32, 3301.541, 3319.31, 3319.311, 3319.39, 3701.881, 3712.09, 69
3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, and 70
5153.111 of the Revised Code on the ability of the Ohio Works 71
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First program to help the program's participants find
self-sufficiency through employment; 72
(4) Seek any funds available under Title IV-A of the 74
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 75
amended, to assist the committee in fulfilling its duties; 76
(5) Develop recommendations regarding sections 173.41, 79
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, 80
5126.281, and 5153.111 of the Revised Code and the offenses 81
specified in those sections that shall include recommendations 82
regarding all of the following: 84
(a) Whether a person who is convicted of or pleads guilty 86
to committing more than one of the offenses specified in any of 87
those sections should be permanently prevented or prevented for a 89
specified period of time from obtaining the employment, contract, 90
or licensing described in any of those sections or from being 91
permitted to perform the duties described in any of those 92
sections;
(b) Whether a person who has been convicted of or pleads 94
guilty to committing only one of the offenses specified in any of 95
those sections should be permanently prevented or prevented for a 97
specified period of time from obtaining the employment, contract, 98
or licensing described in any of those sections or from being 99
permitted to perform the duties described in any of those 100
sections;
(c) Whether a person who is convicted of or pleads guilty 102
to committing one or more of the offenses specified in any of 103
those sections can be sufficiently rehabilitated as to merit the 105
person obtaining the employment, contract, or licensing described 106
in any of those sections or being permitted to perform the duties 107
described in any of those sections and, if the person can be
sufficiently rehabilitated, what standard should be used to 108
determine whether the person has been sufficiently rehabilitated; 110
(d) Which of the offenses described in any of those 112
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sections, if any, the conviction of or plea of guilty to which 114
merit permanently preventing a person from obtaining the 115
employment, contract, or licensing described in any of those
sections or from being permitted to perform the duties described 116
in any of those sections and which of those offenses, if any, the 117
conviction of or plea of guilty to which merit preventing a 118
person from obtaining the employment, contract, or licensing 119
described in any of those sections or from being permitted to 120
perform the duties described in any of those sections for a
specified period of time; 122
(e) If the conviction of or plea of guilty to one of the 124
offenses specified in any of those sections merits preventing a 125
person from obtaining the employment, contract, or licensing 127
described in any of those sections or from being permitted to
perform the duties described in any of those sections for a 128
specified period of time, what that period of time should be. 130
(6) Within six months after the effective date of this 132
section, submit a report of its findings and recommendations to 133
the Speaker and Minority Leader of the House of Representatives 134
and the President and Minority Leader of the Senate. 135
(C) The Employment Disqualification Study Committee shall 138
cease to exist six months after the effective date of this 139
section.
(D) As used in this section: 141
(1) "License" has the same meaning as in section 3319.31 143
of the Revised Code. 144
(2) "Licensing" means the issuance of a license. 146
Section 2. This act shall expire six months after its 148
effective date. 149
Section 3. This act is hereby declared to be an emergency 151
measure necessary for the immediate preservation of the public 152
peace, health, and safety. The reason for such necessity is that 153
persons will begin to lose eligibility for the Ohio Works First 154
program on October 1, 2000. The state crucially needs to 155
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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, 156
3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, and 157
5153.111 of the Revised Code create unreasonable impediments to 158
the employment of Ohio Works First participants. Therefore, this 159
act shall go into immediate effect.