As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 2


Representatives Derickson, Brown 


A BILL
To amend section 4141.29 of the Revised Code to 1
require an unemployment compensation claimant to 2
register with OhioMeansJobs to be eligible for 3
unemployment compensation benefits and to require 4
a claimant to contact a local one-stop office 5
beginning with the eighth week of filing for 6
unemployment compensation benefits.7


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 4141.29 of the Revised Code be 8
amended to read as follows:9

       Sec. 4141.29.  Each eligible individual shall receive 10
benefits as compensation for loss of remuneration due to 11
involuntary total or partial unemployment in the amounts and 12
subject to the conditions stipulated in this chapter.13

       (A) No individual is entitled to a waiting period or benefits 14
for any week unless the individual:15

       (1) Has filed a valid application for determination of 16
benefit rights in accordance with section 4141.28 of the Revised 17
Code;18

       (2) Has made a claim for benefits in accordance with section 19
4141.28 of the Revised Code;20

       (3) Has registered at an employment office or other 21
registration place maintained or designated by the director of job 22
and family services. Registration shall be made in accordance with 23
the time limits, frequency, and manner prescribed by the director.24

       (4)(a)(i) Is able to work and available for suitable work 25
and, except as provided in division (A)(4)(a)(ii) of this section, 26
is actively seeking suitable work either in a locality in which 27
the individual has earned wages subject to this chapter during the 28
individual's base period, or if the individual leaves that 29
locality, then in a locality where suitable work normally is 30
performed.31

       (ii) The director may waive the requirement that a claimant 32
be actively seeking work when the director finds that the 33
individual has been laid off and the employer who laid the 34
individual off has notified the director within ten days after the 35
layoff, that work is expected to be available for the individual 36
within a specified number of days not to exceed forty-five 37
calendar days following the last day the individual worked. In the 38
event the individual is not recalled within the specified period, 39
this waiver shall cease to be operative with respect to that 40
layoff.41

       (b) The individual shall be instructed as to the efforts that 42
the individual must make in the search for suitable work, 43
including that the individual shall register with OhioMeansJobs 44
through its web site maintained on the internet, except where the 45
active search for work requirement has been waived under division 46
(A)(4)(a) of this section, and. An individual who is registered on 47
the OhioMeansJobs web site shall receive a weekly listing of 48
available jobs based on information provided by the individual at 49
the time of registration. For each week that the individual claims 50
benefits, the individual shall keep a record of where and when51
the individual has soughtindividual's work in complying with 52
those instructionssearch efforts and, upon request, shall produce 53
that record for examination byin the manner and means prescribed 54
by the director. As used in division (A)(4)(b) of this section, 55
"OhioMeansJobs" means the electronic job placement system operated 56
by the state.57

       (c) An individual who is attending a training course approved 58
by the director meets the requirement of this division, if 59
attendance was recommended by the director and the individual is 60
regularly attending the course and is making satisfactory 61
progress. An individual also meets the requirements of this 62
division if the individual is participating and advancing in a 63
training program, as defined in division (P) of section 5709.61 of 64
the Revised Code, and if an enterprise, defined in division (B) of 65
section 5709.61 of the Revised Code, is paying all or part of the 66
cost of the individual's participation in the training program 67
with the intention of hiring the individual for employment as a 68
new employee, as defined in division (L) of section 5709.61 of the 69
Revised Code, for at least ninety days after the individual's 70
completion of the training program.71

       (d) An individual who becomes unemployed while attending a 72
regularly established school and whose base period qualifying 73
weeks were earned in whole or in part while attending that school, 74
meets the availability and active search for work requirements of 75
division (A)(4)(a) of this section if the individual regularly 76
attends the school during weeks with respect to which the 77
individual claims unemployment benefits and makes self available 78
on any shift of hours for suitable employment with the 79
individual's most recent employer or any other employer in the 80
individual's base period, or for any other suitable employment to 81
which the individual is directed, under this chapter.82

       (e) Within six months after the effective date of this 83
amendment, notwithstanding any earlier contact an individual may 84
have had with a local one-stop county office as described in 85
section 6301.08 of the Revised Code, beginning with the week in 86
which an individual files the individual's eighth consecutive 87
claim for benefits in the individual's benefit year, the 88
individual shall contact a local one-stop county office for 89
additional employment services and assistance as the director 90
considers appropriate.91

       (f) The director shall adopt any rules that the director 92
deems necessary for the administration of division (A)(4) of this 93
section.94

       (f)(g) Notwithstanding any other provisions of this section, 95
no otherwise eligible individual shall be denied benefits for any 96
week because the individual is in training approved under section 97
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 98
2296, nor shall that individual be denied benefits by reason of 99
leaving work to enter such training, provided the work left is not 100
suitable employment, or because of the application to any week in 101
training of provisions in this chapter, or any applicable federal 102
unemployment compensation law, relating to availability for work, 103
active search for work, or refusal to accept work.104

       For the purposes of division (A)(4)(f)(g) of this section, 105
"suitable employment" means with respect to an individual, work of 106
a substantially equal or higher skill level than the individual's 107
past adversely affected employment, as defined for the purposes of 108
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and 109
wages for such work at not less than eighty per cent of the 110
individual's average weekly wage as determined for the purposes of 111
that federal act.112

       (5) Is unable to obtain suitable work. An individual who is 113
provided temporary work assignments by the individual's employer 114
under agreed terms and conditions of employment, and who is 115
required pursuant to those terms and conditions to inquire with 116
the individual's employer for available work assignments upon the 117
conclusion of each work assignment, is not considered unable to 118
obtain suitable employment if suitable work assignments are 119
available with the employer but the individual fails to contact 120
the employer to inquire about work assignments.121

       (6) Participates in reemployment services, such as job search 122
assistance services, if the individual has been determined to be 123
likely to exhaust benefits under this chapter, including 124
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than 125
extended compensation, and needs reemployment services pursuant to 126
the profiling system established by the director under division 127
(K) of this section, unless the director determines that:128

       (a) The individual has completed such services; or129

       (b) There is justifiable cause for the claimant's failure to 130
participate in such services.131

       (B) An individual suffering total or partial unemployment is 132
eligible for benefits for unemployment occurring subsequent to a 133
waiting period of one week and no benefits shall be payable during 134
this required waiting period. Not more than one week of waiting 135
period shall be required of any individual in any benefit year in 136
order to establish the individual's eligibility for total or 137
partial unemployment benefits.138

       (C) The waiting period for total or partial unemployment 139
shall commence on the first day of the first week with respect to 140
which the individual first files a claim for benefits at an 141
employment office or other place of registration maintained or 142
designated by the director or on the first day of the first week 143
with respect to which the individual has otherwise filed a claim 144
for benefits in accordance with the rules of the department of job 145
and family services, provided such claim is allowed by the 146
director.147

       (D) Notwithstanding division (A) of this section, no 148
individual may serve a waiting period or be paid benefits under 149
the following conditions:150

       (1) For any week with respect to which the director finds 151
that:152

       (a) The individual's unemployment was due to a labor dispute 153
other than a lockout at any factory, establishment, or other 154
premises located in this or any other state and owned or operated 155
by the employer by which the individual is or was last employed; 156
and for so long as the individual's unemployment is due to such 157
labor dispute. No individual shall be disqualified under this 158
provision if either of the following applies:159

       (i) The individual's employment was with such employer at any 160
factory, establishment, or premises located in this state, owned 161
or operated by such employer, other than the factory, 162
establishment, or premises at which the labor dispute exists, if 163
it is shown that the individual is not financing, participating 164
in, or directly interested in such labor dispute;165

       (ii) The individual's employment was with an employer not 166
involved in the labor dispute but whose place of business was 167
located within the same premises as the employer engaged in the 168
dispute, unless the individual's employer is a wholly owned 169
subsidiary of the employer engaged in the dispute, or unless the 170
individual actively participates in or voluntarily stops work 171
because of such dispute. If it is established that the claimant 172
was laid off for an indefinite period and not recalled to work 173
prior to the dispute, or was separated by the employer prior to 174
the dispute for reasons other than the labor dispute, or that the 175
individual obtained a bona fide job with another employer while 176
the dispute was still in progress, such labor dispute shall not 177
render the employee ineligible for benefits.178

       (b) The individual has been given a disciplinary layoff for 179
misconduct in connection with the individual's work.180

       (2) For the duration of the individual's unemployment if the 181
director finds that:182

       (a) The individual quit work without just cause or has been 183
discharged for just cause in connection with the individual's 184
work, provided division (D)(2) of this section does not apply to 185
the separation of a person under any of the following 186
circumstances:187

       (i) Separation from employment for the purpose of entering 188
the armed forces of the United States if the individual is 189
inducted into the armed forces within one of the following 190
periods:191

       (I) Thirty days after separation;192

       (II) One hundred eighty days after separation if the 193
individual's date of induction is delayed solely at the discretion 194
of the armed forces.195

       (ii) Separation from employment pursuant to a 196
labor-management contract or agreement, or pursuant to an 197
established employer plan, program, or policy, which permits the 198
employee, because of lack of work, to accept a separation from 199
employment;200

       (iii) The individual has left employment to accept a recall 201
from a prior employer or, except as provided in division 202
(D)(2)(a)(iv) of this section, to accept other employment as 203
provided under section 4141.291 of the Revised Code, or left or 204
was separated from employment that was concurrent employment at 205
the time of the most recent separation or within six weeks prior 206
to the most recent separation where the remuneration, hours, or 207
other conditions of such concurrent employment were substantially 208
less favorable than the individual's most recent employment and 209
where such employment, if offered as new work, would be considered 210
not suitable under the provisions of divisions (E) and (F) of this 211
section. Any benefits that would otherwise be chargeable to the 212
account of the employer from whom an individual has left 213
employment or was separated from employment that was concurrent 214
employment under conditions described in division (D)(2)(a)(iii) 215
of this section, shall instead be charged to the mutualized 216
account created by division (B) of section 4141.25 of the Revised 217
Code, except that any benefits chargeable to the account of a 218
reimbursing employer under division (D)(2)(a)(iii) of this section 219
shall be charged to the account of the reimbursing employer and 220
not to the mutualized account, except as provided in division 221
(D)(2) of section 4141.24 of the Revised Code.222

       (iv) When an individual has been issued a definite layoff 223
date by the individual's employer and before the layoff date, the 224
individual quits to accept other employment, the provisions of 225
division (D)(2)(a)(iii) of this section apply and no 226
disqualification shall be imposed under division (D) of this 227
section. However, if the individual fails to meet the employment 228
and earnings requirements of division (A)(2) of section 4141.291 229
of the Revised Code, then the individual, pursuant to division 230
(A)(5) of this section, shall be ineligible for benefits for any 231
week of unemployment that occurs prior to the layoff date.232

       (b) The individual has refused without good cause to accept 233
an offer of suitable work when made by an employer either in 234
person or to the individual's last known address, or has refused 235
or failed to investigate a referral to suitable work when directed 236
to do so by a local employment office of this state or another 237
state, provided that this division shall not cause a 238
disqualification for a waiting week or benefits under the 239
following circumstances:240

       (i) When work is offered by the individual's employer and the 241
individual is not required to accept the offer pursuant to the 242
terms of the labor-management contract or agreement; or243

       (ii) When the individual is attending a training course 244
pursuant to division (A)(4) of this section except, in the event 245
of a refusal to accept an offer of suitable work or a refusal or 246
failure to investigate a referral, benefits thereafter paid to 247
such individual shall not be charged to the account of any 248
employer and, except as provided in division (B)(1)(b) of section 249
4141.241 of the Revised Code, shall be charged to the mutualized 250
account as provided in division (B) of section 4141.25 of the 251
Revised Code.252

       (c) Such individual quit work to marry or because of marital, 253
parental, filial, or other domestic obligations.254

       (d) The individual became unemployed by reason of commitment 255
to any correctional institution.256

       (e) The individual became unemployed because of dishonesty in 257
connection with the individual's most recent or any base period 258
work. Remuneration earned in such work shall be excluded from the 259
individual's total base period remuneration and qualifying weeks 260
that otherwise would be credited to the individual for such work 261
in the individual's base period shall not be credited for the 262
purpose of determining the total benefits to which the individual 263
is eligible and the weekly benefit amount to be paid under section 264
4141.30 of the Revised Code. Such excluded remuneration and 265
noncredited qualifying weeks shall be excluded from the 266
calculation of the maximum amount to be charged, under division 267
(D) of section 4141.24 and section 4141.33 of the Revised Code, 268
against the accounts of the individual's base period employers. In 269
addition, no benefits shall thereafter be paid to the individual 270
based upon such excluded remuneration or noncredited qualifying 271
weeks.272

       For purposes of division (D)(2)(e) of this section, 273
"dishonesty" means the commission of substantive theft, fraud, or 274
deceitful acts.275

       (E) No individual otherwise qualified to receive benefits 276
shall lose the right to benefits by reason of a refusal to accept 277
new work if:278

       (1) As a condition of being so employed the individual would 279
be required to join a company union, or to resign from or refrain 280
from joining any bona fide labor organization, or would be denied 281
the right to retain membership in and observe the lawful rules of 282
any such organization.283

       (2) The position offered is vacant due directly to a strike, 284
lockout, or other labor dispute.285

       (3) The work is at an unreasonable distance from the 286
individual's residence, having regard to the character of the work 287
the individual has been accustomed to do, and travel to the place 288
of work involves expenses substantially greater than that required 289
for the individual's former work, unless the expense is provided 290
for.291

       (4) The remuneration, hours, or other conditions of the work 292
offered are substantially less favorable to the individual than 293
those prevailing for similar work in the locality.294

       (F) Subject to the special exceptions contained in division 295
(A)(4)(f)(g) of this section and section 4141.301 of the Revised 296
Code, in determining whether any work is suitable for a claimant 297
in the administration of this chapter, the director, in addition 298
to the determination required under division (E) of this section, 299
shall consider the degree of risk to the claimant's health, 300
safety, and morals, the individual's physical fitness for the 301
work, the individual's prior training and experience, the length 302
of the individual's unemployment, the distance of the available 303
work from the individual's residence, and the individual's 304
prospects for obtaining local work.305

       (G) The "duration of unemployment" as used in this section 306
means the full period of unemployment next ensuing after a 307
separation from any base period or subsequent work and until an 308
individual has become reemployed in employment subject to this 309
chapter, or the unemployment compensation act of another state, or 310
of the United States, and until such individual has worked six 311
weeks and for those weeks has earned or been paid remuneration 312
equal to six times an average weekly wage of not less than: 313
eighty-five dollars and ten cents per week beginning on June 26, 314
1990; and beginning on and after January 1, 1992, twenty-seven and 315
one-half per cent of the statewide average weekly wage as computed 316
each first day of January under division (B)(3) of section 4141.30 317
of the Revised Code, rounded down to the nearest dollar, except 318
for purposes of division (D)(2)(c) of this section, such term 319
means the full period of unemployment next ensuing after a 320
separation from such work and until such individual has become 321
reemployed subject to the terms set forth above, and has earned 322
wages equal to one-half of the individual's average weekly wage or 323
sixty dollars, whichever is less.324

       (H) If a claimant is disqualified under division (D)(2)(a), 325
(c), or (d) of this section or found to be qualified under the 326
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of 327
this section or division (A)(2) of section 4141.291 of the Revised 328
Code, then benefits that may become payable to such claimant, 329
which are chargeable to the account of the employer from whom the 330
individual was separated under such conditions, shall be charged 331
to the mutualized account provided in section 4141.25 of the 332
Revised Code, provided that no charge shall be made to the 333
mutualized account for benefits chargeable to a reimbursing 334
employer, except as provided in division (D)(2) of section 4141.24 335
of the Revised Code. In the case of a reimbursing employer, the 336
director shall refund or credit to the account of the reimbursing 337
employer any over-paid benefits that are recovered under division 338
(B) of section 4141.35 of the Revised Code. Amounts chargeable to 339
other states, the United States, or Canada that are subject to 340
agreements and arrangements that are established pursuant to 341
section 4141.43 of the Revised Code shall be credited or 342
reimbursed according to the agreements and arrangements to which 343
the chargeable amounts are subject.344

       (I)(1) Benefits based on service in employment as provided in 345
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code 346
shall be payable in the same amount, on the same terms, and 347
subject to the same conditions as benefits payable on the basis of 348
other service subject to this chapter; except that after December 349
31, 1977:350

       (a) Benefits based on service in an instructional, research, 351
or principal administrative capacity in an institution of higher 352
education, as defined in division (Y) of section 4141.01 of the 353
Revised Code; or for an educational institution as defined in 354
division (CC) of section 4141.01 of the Revised Code, shall not be 355
paid to any individual for any week of unemployment that begins 356
during the period between two successive academic years or terms, 357
or during a similar period between two regular but not successive 358
terms or during a period of paid sabbatical leave provided for in 359
the individual's contract, if the individual performs such 360
services in the first of those academic years or terms and has a 361
contract or a reasonable assurance that the individual will 362
perform services in any such capacity for any such institution in 363
the second of those academic years or terms.364

       (b) Benefits based on service for an educational institution 365
or an institution of higher education in other than an 366
instructional, research, or principal administrative capacity, 367
shall not be paid to any individual for any week of unemployment 368
which begins during the period between two successive academic 369
years or terms of the employing educational institution or 370
institution of higher education, provided the individual performed 371
those services for the educational institution or institution of 372
higher education during the first such academic year or term and, 373
there is a reasonable assurance that such individual will perform 374
those services for any educational institution or institution of 375
higher education in the second of such academic years or terms.376

       If compensation is denied to any individual for any week 377
under division (I)(1)(b) of this section and the individual was 378
not offered an opportunity to perform those services for an 379
institution of higher education or for an educational institution 380
for the second of such academic years or terms, the individual is 381
entitled to a retroactive payment of compensation for each week 382
for which the individual timely filed a claim for compensation and 383
for which compensation was denied solely by reason of division 384
(I)(1)(b) of this section. An application for retroactive benefits 385
shall be timely filed if received by the director or the 386
director's deputy within or prior to the end of the fourth full 387
calendar week after the end of the period for which benefits were 388
denied because of reasonable assurance of employment. The 389
provision for the payment of retroactive benefits under division 390
(I)(1)(b) of this section is applicable to weeks of unemployment 391
beginning on and after November 18, 1983. The provisions under 392
division (I)(1)(b) of this section shall be retroactive to 393
September 5, 1982, only if, as a condition for full tax credit 394
against the tax imposed by the "Federal Unemployment Tax Act," 53 395
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States 396
secretary of labor determines that retroactivity is required by 397
federal law.398

       (c) With respect to weeks of unemployment beginning after 399
December 31, 1977, benefits shall be denied to any individual for 400
any week which commences during an established and customary 401
vacation period or holiday recess, if the individual performs any 402
services described in divisions (I)(1)(a) and (b) of this section 403
in the period immediately before the vacation period or holiday 404
recess, and there is a reasonable assurance that the individual 405
will perform any such services in the period immediately following 406
the vacation period or holiday recess.407

       (d) With respect to any services described in division 408
(I)(1)(a), (b), or (c) of this section, benefits payable on the 409
basis of services in any such capacity shall be denied as 410
specified in division (I)(1)(a), (b), or (c) of this section to 411
any individual who performs such services in an educational 412
institution or institution of higher education while in the employ 413
of an educational service agency. For this purpose, the term 414
"educational service agency" means a governmental agency or 415
governmental entity that is established and operated exclusively 416
for the purpose of providing services to one or more educational 417
institutions or one or more institutions of higher education.418

       (e) Any individual employed by a county board of 419
developmental disabilities shall be notified by the thirtieth day 420
of April each year if the individual is not to be reemployed the 421
following academic year.422

       (f) Any individual employed by a school district, other than 423
a municipal school district as defined in section 3311.71 of the 424
Revised Code, shall be notified by the first day of June each year 425
if the individual is not to be reemployed the following academic 426
year.427

       (2) No disqualification will be imposed, between academic 428
years or terms or during a vacation period or holiday recess under 429
this division, unless the director or the director's deputy has 430
received a statement in writing from the educational institution 431
or institution of higher education that the claimant has a 432
contract for, or a reasonable assurance of, reemployment for the 433
ensuing academic year or term.434

       (3) If an individual has employment with an educational 435
institution or an institution of higher education and employment 436
with a noneducational employer, during the base period of the 437
individual's benefit year, then the individual may become eligible 438
for benefits during the between-term, or vacation or holiday 439
recess, disqualification period, based on employment performed for 440
the noneducational employer, provided that the employment is 441
sufficient to qualify the individual for benefit rights separately 442
from the benefit rights based on school employment. The weekly 443
benefit amount and maximum benefits payable during a 444
disqualification period shall be computed based solely on the 445
nonschool employment.446

       (J) Benefits shall not be paid on the basis of employment 447
performed by an alien, unless the alien had been lawfully admitted 448
to the United States for permanent residence at the time the 449
services were performed, was lawfully present for purposes of 450
performing the services, or was otherwise permanently residing in 451
the United States under color of law at the time the services were 452
performed, under section 212(d)(5) of the "Immigration and 453
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:454

       (1) Any data or information required of individuals applying 455
for benefits to determine whether benefits are not payable to them 456
because of their alien status shall be uniformly required from all 457
applicants for benefits.458

       (2) In the case of an individual whose application for 459
benefits would otherwise be approved, no determination that 460
benefits to the individual are not payable because of the 461
individual's alien status shall be made except upon a 462
preponderance of the evidence that the individual had not, in 463
fact, been lawfully admitted to the United States.464

       (K) The director shall establish and utilize a system of 465
profiling all new claimants under this chapter that:466

       (1) Identifies which claimants will be likely to exhaust 467
regular compensation and will need job search assistance services 468
to make a successful transition to new employment;469

       (2) Refers claimants identified pursuant to division (K)(1) 470
of this section to reemployment services, such as job search 471
assistance services, available under any state or federal law;472

       (3) Collects follow-up information relating to the services 473
received by such claimants and the employment outcomes for such 474
claimant's subsequent to receiving such services and utilizes such 475
information in making identifications pursuant to division (K)(1) 476
of this section; and477

       (4) Meets such other requirements as the United States 478
secretary of labor determines are appropriate.479

       Section 2.  That existing section 4141.29 of the Revised Code 480
is hereby repealed.481

       Section 3.  Section 4141.29 of the Revised Code is presented 482
in this act as a composite of the section as amended by both Sub. 483
H.B. 525 and Am. Sub. S.B. 316 of the 129th General Assembly. The 484
General Assembly, applying the principle stated in division (B) of 485
section 1.52 of the Revised Code that amendments are to be 486
harmonized if reasonably capable of simultaneous operation, finds 487
that the composite is the resulting version of the section in 488
effect prior to the effective date of the section as presented in 489
this act.490