As Passed by the Senate 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
SENATORS NEIN-ESPY-DRAKE-WHITE-MUMPER-HERINGTON-McLIN-PRENTISS- 11
BRADY-DiDONATO 12
_________________________________________________________________ 14
A B I L L
To create for a period of six months the Employment 16
Disqualification Study Committee to study the 17
provisions of the Revised Code that disqualify 18
persons who are convicted of or plead guilty to
certain offenses from obtaining specified 19
employment, contracts, or licensing or from being
permitted to perform specified duties; to 20
determine the impact of those provisions on the 21
Ohio Works First program; to seek federal funds
to assist in conducting the study; within six 22
months after this act's effective date, to make 23
recommendations to the General Assembly regarding 25
possible revisions to those provisions; and to
declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. (A) There is hereby created the Employment 29
Disqualification Study Committee consisting of eleven members. 30
The Speaker of the House of Representatives shall appoint three 31
members from the House of Representatives, no more than two of 32
whom shall be from the same political party. The President of 33
the Senate shall appoint three members from the Senate, no more 34
than two of whom shall be from the same political party. The 35
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Attorney General shall appoint one member to represent the office 37
of the Attorney General. The Superintendent of Public
Instruction shall appoint one member to represent the Department 38
of Education. The Director of Rehabilitation and Correction 39
shall appoint one member to represent the Department of 40
Rehabilitation and Correction. The Director of Human Services 41
shall appoint one member to represent the Department of Human 42
Services. The Supterintendent of Public Instruction shall
appoint one member who shall be a teacher or a school 44
administrator.
The initial appointments to the Employment Disqualification 47
Study Committee shall be made within thirty days after this 48
section's effective date. A vacancy on the committee shall be 49
filled in the same manner as the original appointment. The 50
Speaker of the House of Representatives shall appoint the
chairperson of the committee. The members of the committee shall 51
serve without compensation. The Department of Human Services 52
shall provide facilities in which the committee shall meet, 53
provide any clerical or other services required by the committee 54
in performing its official duties, and be responsible for any 56
administrative expenses incurred by the committee in performing 57
its official duties.
(B) The Employment Disqualification Study Committee shall 60
do all of the following:
(1) Hold its first meeting within fourteen days after the 62
initial appointments to the committee described in division (A) 63
of this section have been made; 64
(2) Review sections 173.41, 2151.86, 3301.32, 3301.541, 66
3319.31, 3319.311, 3319.39, 3701.881, 3712.09, 3721.121, 67
3722.151, 5104.012, 5104.013, 5126.28, 5126.281, and 5153.111 of 68
the Revised Code and the offenses listed or described in those 69
sections;
(3) Determine the impact of sections 173.41, 2151.86, 71
3301.32, 3301.541, 3319.31, 3319.311, 3319.39, 3701.881, 3712.09, 72
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3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, and 73
5153.111 of the Revised Code on the ability of the Ohio Works 74
First program to help the program's participants find
self-sufficiency through employment; 75
(4) Seek any funds available under Title IV-A of the 77
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 78
amended, to assist the committee in fulfilling its duties; 79
(5) Develop recommendations regarding sections 173.41, 82
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, 83
5126.281, and 5153.111 of the Revised Code and the offenses 84
specified in those sections that shall include recommendations 85
regarding all of the following: 87
(a) Whether a person who is convicted of or pleads guilty 89
to committing more than one of the offenses specified in any of 90
those sections should be permanently prevented or prevented for a 92
specified period of time from obtaining the employment, contract, 93
or licensing described in any of those sections or from being 94
permitted to perform the duties described in any of those 95
sections;
(b) Whether a person who has been convicted of or pleads 97
guilty to committing only one of the offenses specified in any of 98
those sections should be permanently prevented or prevented for a 100
specified period of time from obtaining the employment, contract, 101
or licensing described in any of those sections or from being 102
permitted to perform the duties described in any of those 103
sections;
(c) Whether a person who is convicted of or pleads guilty 105
to committing one or more of the offenses specified in any of 106
those sections can be sufficiently rehabilitated as to merit the 108
person obtaining the employment, contract, or licensing described 109
in any of those sections or being permitted to perform the duties 110
described in any of those sections and, if the person can be
sufficiently rehabilitated, what standard should be used to 111
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determine whether the person has been sufficiently rehabilitated; 113
(d) Which of the offenses described in any of those 115
sections, if any, the conviction of or plea of guilty to which 117
merit permanently preventing a person from obtaining the 118
employment, contract, or licensing described in any of those
sections or from being permitted to perform the duties described 119
in any of those sections and which of those offenses, if any, the 120
conviction of or plea of guilty to which merit preventing a 121
person from obtaining the employment, contract, or licensing 122
described in any of those sections or from being permitted to 123
perform the duties described in any of those sections for a
specified period of time; 125
(e) If the conviction of or plea of guilty to one of the 127
offenses specified in any of those sections merits preventing a 128
person from obtaining the employment, contract, or licensing 130
described in any of those sections or from being permitted to
perform the duties described in any of those sections for a 131
specified period of time, what that period of time should be. 133
(6) Within six months after the effective date of this 135
section, submit a report of its findings and recommendations to 136
the Speaker and Minority Leader of the House of Representatives 137
and the President and Minority Leader of the Senate. 138
(C) The Employment Disqualification Study Committee shall 141
cease to exist six months after the effective date of this 142
section.
(D) As used in this section: 144
(1) "License" has the same meaning as in section 3319.31 146
of the Revised Code. 147
(2) "Licensing" means the issuance of a license. 149
Section 2. This act shall expire six months after its 151
effective date. 152
Section 3. This act is hereby declared to be an emergency 154
measure necessary for the immediate preservation of the public 155
peace, health, and safety. The reason for such necessity is that 156
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persons will begin to lose eligibility for the Ohio Works First 157
program on October 1, 2000. The state crucially needs to 158
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, 159
3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, and 160
5153.111 of the Revised Code create unreasonable impediments to 161
the employment of Ohio Works First participants. Therefore, this 162
act shall go into immediate effect.