As Passed by the House

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


Representatives Derickson, Brown 

Cosponsors: Representatives Schuring, Hall, Hottinger, Amstutz, Anielski, Baker, Blessing, Buchy, Burkley, Butler, Conditt, Dovilla, Green, Grossman, Hackett, Hagan, C., Hayes, Henne, Huffman, Lynch, McClain, McGregor, Milkovich, O'Brien, Pelanda, Perales, Retherford, Roegner, Romanchuk, Rosenberger, Ruhl, Sears, Smith, Stautberg, Stebelton, Sykes, Thompson, Wachtmann, Young Speaker Batchelder 

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 atfor work and thereafter continues to 21
report to an employment office or other registration place 22
maintained or designated by the director of job and family 23
services. Registration is in effect for a period of three calendar 24
weeks following the week of registration, and every week 25
thereafter by making a weekly claim for benefits or by reopening 26
an existing claim following a period of employment or 27
nonreporting. However, an individual has a break in the 28
individual's period of registration if the individual fails to 29
report, as instructed by the director, or fails to reopen an 30
existing claim following a period of employment. Continued 31
reporting shall be made in accordance with the time limits, 32
frequency, and manner prescribed by the director. The director 33
may, for good cause, extend the period of registration. For 34
purposes of this section, "report" means contact by phone, access 35
electronically, or be present for an in-person appointment, as 36
designated by the director.37

       (4)(a)(i) Is able to work and available for suitable work 38
and, except as provided in division (A)(4)(a)(ii) or (iii) of this 39
section, is actively seeking suitable work either in a locality in 40
which the individual has earned wages subject to this chapter 41
during the individual's base period, or if the individual leaves 42
that locality, then in a locality where suitable work normally is 43
performed.44

       (ii) The director may waive the requirement that a claimant 45
be actively seeking work when the director finds that the 46
individual has been laid off and the employer who laid the 47
individual off has notified the director within ten days after the 48
layoff, that work is expected to be available for the individual 49
within a specified number of days not to exceed forty-five 50
calendar days following the last day the individual worked. In the 51
event the individual is not recalled within the specified period, 52
this waiver shall cease to be operative with respect to that 53
layoff.54

       (iii) The director may waive the requirement that a claimant 55
be actively seeking work if the director determines that the 56
individual has been laid off and the employer who laid the 57
individual off has notified the director in accordance with 58
division (C) of section 4141.28 of the Revised Code that the 59
employer has closed the employer's entire plant or part of the 60
employer's plant for a purpose other than inventory or vacation 61
that will cause unemployment for a definite period not exceeding 62
twenty-six weeks beginning on the date the employer notifies the 63
director, for the period of the specific shutdown, if all of the 64
following apply:65

       (I) The employer and the individuals affected by the layoff 66
who are claiming benefits under this chapter jointly request the 67
exemption.68

       (II) The employer provides that the affected individuals 69
shall return to work for the employer within twenty-six weeks 70
after the date the employer notifies the director.71

       (III) The director determines that the waiver of the active 72
search for work requirement will promote productivity and economic 73
stability within the state.74

       (iv) Division (A)(4)(a)(iii) of this section does not exempt 75
an individual from meeting the other requirements specified in 76
division (A)(4)(a)(i) of this section to be able to work and 77
otherwise fully be available for work. An exemption granted under 78
division (A)(4)(a)(iii) of this section may be granted only with 79
respect to a specific plant closing.80

       (b) The individual shall be instructed as to the efforts that 81
the individual must make in the search for suitable work, 82
including that, within six months after the effective date of this 83
amendment, the individual shall register with OhioMeansJobs 84
through its web site maintained on the internet, except where the 85
active search for work requirement has been waived under division 86
(A)(4)(a) of this section, and or where the active search for work 87
requirement is considered to be met under division (A)(4)(c), (d), 88
or (e) of this section. An individual who is registered on the 89
OhioMeansJobs web site shall receive a weekly listing of available 90
jobs based on information provided by the individual at the time 91
of registration. For each week that the individual claims 92
benefits, the individual shall keep a record of where and when93
the individual has soughtindividual's work in complying with 94
those instructionssearch efforts and, upon request, shall produce 95
that record for examination byin the manner and means prescribed 96
by the director. As used in division (A)(4)(b) of this section:97

       (i) "OhioMeansJobs" means the electronic job placement system 98
operated by the state.99

       (ii) "Registration" includes the creation, electronic 100
posting, and maintenance of an active, searchable resume.101

       (c) An individual who is attending a training course approved 102
by the director meets the requirement of this division, if 103
attendance was recommended by the director and the individual is 104
regularly attending the course and is making satisfactory 105
progress. An individual also meets the requirements of this 106
division if the individual is participating and advancing in a 107
training program, as defined in division (P) of section 5709.61 of 108
the Revised Code, and if an enterprise, defined in division (B) of 109
section 5709.61 of the Revised Code, is paying all or part of the 110
cost of the individual's participation in the training program 111
with the intention of hiring the individual for employment as a 112
new employee, as defined in division (L) of section 5709.61 of the 113
Revised Code, for at least ninety days after the individual's 114
completion of the training program.115

       (d) An individual who becomes unemployed while attending a 116
regularly established school and whose base period qualifying 117
weeks were earned in whole or in part while attending that school, 118
meets the availability and active search for work requirements of 119
division (A)(4)(a) of this section if the individual regularly 120
attends the school during weeks with respect to which the 121
individual claims unemployment benefits and makes self available 122
on any shift of hours for suitable employment with the 123
individual's most recent employer or any other employer in the 124
individual's base period, or for any other suitable employment to 125
which the individual is directed, under this chapter.126

       (e) The director shall adopt any rules that the director 127
deems necessary for the administration of division (A)(4) of this 128
sectionAn individual who is a member in good standing with a 129
labor organization that refers individuals to jobs meets the 130
active search for work requirement specified in division (A)(4)(a) 131
of this section if the individual provides documentation that the 132
individual is eligible for a referral or placement upon request 133
and in a manner prescribed by the director.134

       (f) Notwithstanding any other provisions of this section, no 135
otherwise eligible individual shall be denied benefits for any 136
week because the individual is in training approved under section 137
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 138
2296, nor shall that individual be denied benefits by reason of 139
leaving work to enter such training, provided the work left is not 140
suitable employment, or because of the application to any week in 141
training of provisions in this chapter, or any applicable federal 142
unemployment compensation law, relating to availability for work, 143
active search for work, or refusal to accept work.144

       For the purposes of division (A)(4)(f) of this section, 145
"suitable employment" means with respect to an individual, work of 146
a substantially equal or higher skill level than the individual's 147
past adversely affected employment, as defined for the purposes of 148
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and 149
wages for such work at not less than eighty per cent of the 150
individual's average weekly wage as determined for the purposes of 151
that federal act.152

       (5) Is unable to obtain suitable work. An individual who is 153
provided temporary work assignments by the individual's employer 154
under agreed terms and conditions of employment, and who is 155
required pursuant to those terms and conditions to inquire with 156
the individual's employer for available work assignments upon the 157
conclusion of each work assignment, is not considered unable to 158
obtain suitable employment if suitable work assignments are 159
available with the employer but the individual fails to contact 160
the employer to inquire about work assignments.161

       (6) Participates in reemployment services, such as job search 162
assistance services, if the individual has been determined to be 163
likely to exhaust benefits under this chapter, including 164
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than 165
extended compensation, and needs reemployment services pursuant to 166
the profiling system established by the director under division 167
(K) of this section, unless the director determines that:168

       (a) The individual has completed such services; or169

       (b) There is justifiable cause for the claimant's failure to 170
participate in such services.171

       Ineligibility for failure to participate in reemployment 172
services as described in division (A)(6) of this section shall be 173
for the week or weeks in which the claimant was scheduled and 174
failed to participate without justifiable cause.175

       (7) Participates in the reemployment and eligibility 176
assessment program, or other reemployment services, as required by 177
the director. As used in division (A)(7) of this section, 178
"reemployment services" includes job search assistance activities, 179
skills assessments, and the provision of labor market statistics 180
or analysis.181

       (a) For purposes of division (A)(7) of this section, 182
participation is required unless the director determines that 183
either of the following circumstances applies to the individual:184

       (i) The individual has completed similar services.185

       (ii) Justifiable cause exists for the failure of the 186
individual to participate in those services.187

       (b) Within six months after the effective date of this 188
amendment, notwithstanding any earlier contact an individual may 189
have had with a local one-stop county office, including as 190
described in section 6301.08 of the Revised Code, beginning with 191
the week in which an individual files the individual's eighth 192
claim for benefits in the individual's benefit year, the 193
individual shall report to a local one-stop county office for 194
reemployment services in the manner prescribed by the director.195

       (c) An individual whose active search for work requirement 196
has been waived under division (A)(4)(a) of this section or is 197
considered to be satisfied under division (A)(4)(c), (d), or (e) 198
of this section is exempt from the requirements of division (A)(7) 199
of this section.200

       (B) An individual suffering total or partial unemployment is 201
eligible for benefits for unemployment occurring subsequent to a 202
waiting period of one week and no benefits shall be payable during 203
this required waiting period. Not more than one week of waiting 204
period shall be required of any individual in any benefit year in 205
order to establish the individual's eligibility for total or 206
partial unemployment benefits.207

       (C) The waiting period for total or partial unemployment 208
shall commence on the first day of the first week with respect to 209
which the individual first files a claim for benefits at an 210
employment office or other place of registration maintained or 211
designated by the director or on the first day of the first week 212
with respect to which the individual has otherwise filed a claim 213
for benefits in accordance with the rules of the department of job 214
and family services, provided such claim is allowed by the 215
director.216

       (D) Notwithstanding division (A) of this section, no 217
individual may serve a waiting period or be paid benefits under 218
the following conditions:219

       (1) For any week with respect to which the director finds 220
that:221

       (a) The individual's unemployment was due to a labor dispute 222
other than a lockout at any factory, establishment, or other 223
premises located in this or any other state and owned or operated 224
by the employer by which the individual is or was last employed; 225
and for so long as the individual's unemployment is due to such 226
labor dispute. No individual shall be disqualified under this 227
provision if either of the following applies:228

       (i) The individual's employment was with such employer at any 229
factory, establishment, or premises located in this state, owned 230
or operated by such employer, other than the factory, 231
establishment, or premises at which the labor dispute exists, if 232
it is shown that the individual is not financing, participating 233
in, or directly interested in such labor dispute;234

       (ii) The individual's employment was with an employer not 235
involved in the labor dispute but whose place of business was 236
located within the same premises as the employer engaged in the 237
dispute, unless the individual's employer is a wholly owned 238
subsidiary of the employer engaged in the dispute, or unless the 239
individual actively participates in or voluntarily stops work 240
because of such dispute. If it is established that the claimant 241
was laid off for an indefinite period and not recalled to work 242
prior to the dispute, or was separated by the employer prior to 243
the dispute for reasons other than the labor dispute, or that the 244
individual obtained a bona fide job with another employer while 245
the dispute was still in progress, such labor dispute shall not 246
render the employee ineligible for benefits.247

       (b) The individual has been given a disciplinary layoff for 248
misconduct in connection with the individual's work.249

       (2) For the duration of the individual's unemployment if the 250
director finds that:251

       (a) The individual quit work without just cause or has been 252
discharged for just cause in connection with the individual's 253
work, provided division (D)(2) of this section does not apply to 254
the separation of a person under any of the following 255
circumstances:256

       (i) Separation from employment for the purpose of entering 257
the armed forces of the United States if the individual is 258
inducted into the armed forces within one of the following 259
periods:260

       (I) Thirty days after separation;261

       (II) One hundred eighty days after separation if the 262
individual's date of induction is delayed solely at the discretion 263
of the armed forces.264

       (ii) Separation from employment pursuant to a 265
labor-management contract or agreement, or pursuant to an 266
established employer plan, program, or policy, which permits the 267
employee, because of lack of work, to accept a separation from 268
employment;269

       (iii) The individual has left employment to accept a recall 270
from a prior employer or, except as provided in division 271
(D)(2)(a)(iv) of this section, to accept other employment as 272
provided under section 4141.291 of the Revised Code, or left or 273
was separated from employment that was concurrent employment at 274
the time of the most recent separation or within six weeks prior 275
to the most recent separation where the remuneration, hours, or 276
other conditions of such concurrent employment were substantially 277
less favorable than the individual's most recent employment and 278
where such employment, if offered as new work, would be considered 279
not suitable under the provisions of divisions (E) and (F) of this 280
section. Any benefits that would otherwise be chargeable to the 281
account of the employer from whom an individual has left 282
employment or was separated from employment that was concurrent 283
employment under conditions described in division (D)(2)(a)(iii) 284
of this section, shall instead be charged to the mutualized 285
account created by division (B) of section 4141.25 of the Revised 286
Code, except that any benefits chargeable to the account of a 287
reimbursing employer under division (D)(2)(a)(iii) of this section 288
shall be charged to the account of the reimbursing employer and 289
not to the mutualized account, except as provided in division 290
(D)(2) of section 4141.24 of the Revised Code.291

       (iv) When an individual has been issued a definite layoff 292
date by the individual's employer and before the layoff date, the 293
individual quits to accept other employment, the provisions of 294
division (D)(2)(a)(iii) of this section apply and no 295
disqualification shall be imposed under division (D) of this 296
section. However, if the individual fails to meet the employment 297
and earnings requirements of division (A)(2) of section 4141.291 298
of the Revised Code, then the individual, pursuant to division 299
(A)(5) of this section, shall be ineligible for benefits for any 300
week of unemployment that occurs prior to the layoff date.301

       (b) The individual has refused without good cause to accept 302
an offer of suitable work when made by an employer either in 303
person or to the individual's last known address, or has refused 304
or failed to investigate a referral to suitable work when directed 305
to do so by a local employment office of this state or another 306
state, provided that this division shall not cause a 307
disqualification for a waiting week or benefits under the 308
following circumstances:309

       (i) When work is offered by the individual's employer and the 310
individual is not required to accept the offer pursuant to the 311
terms of the labor-management contract or agreement; or312

       (ii) When the individual is attending a training course 313
pursuant to division (A)(4) of this section except, in the event 314
of a refusal to accept an offer of suitable work or a refusal or 315
failure to investigate a referral, benefits thereafter paid to 316
such individual shall not be charged to the account of any 317
employer and, except as provided in division (B)(1)(b) of section 318
4141.241 of the Revised Code, shall be charged to the mutualized 319
account as provided in division (B) of section 4141.25 of the 320
Revised Code.321

       (c) Such individual quit work to marry or because of marital, 322
parental, filial, or other domestic obligations.323

       (d) The individual became unemployed by reason of commitment 324
to any correctional institution.325

       (e) The individual became unemployed because of dishonesty in 326
connection with the individual's most recent or any base period 327
work. Remuneration earned in such work shall be excluded from the 328
individual's total base period remuneration and qualifying weeks 329
that otherwise would be credited to the individual for such work 330
in the individual's base period shall not be credited for the 331
purpose of determining the total benefits to which the individual 332
is eligible and the weekly benefit amount to be paid under section 333
4141.30 of the Revised Code. Such excluded remuneration and 334
noncredited qualifying weeks shall be excluded from the 335
calculation of the maximum amount to be charged, under division 336
(D) of section 4141.24 and section 4141.33 of the Revised Code, 337
against the accounts of the individual's base period employers. In 338
addition, no benefits shall thereafter be paid to the individual 339
based upon such excluded remuneration or noncredited qualifying 340
weeks.341

       For purposes of division (D)(2)(e) of this section, 342
"dishonesty" means the commission of substantive theft, fraud, or 343
deceitful acts.344

       (E) No individual otherwise qualified to receive benefits 345
shall lose the right to benefits by reason of a refusal to accept 346
new work if:347

       (1) As a condition of being so employed the individual would 348
be required to join a company union, or to resign from or refrain 349
from joining any bona fide labor organization, or would be denied 350
the right to retain membership in and observe the lawful rules of 351
any such organization.352

       (2) The position offered is vacant due directly to a strike, 353
lockout, or other labor dispute.354

       (3) The work is at an unreasonable distance from the 355
individual's residence, having regard to the character of the work 356
the individual has been accustomed to do, and travel to the place 357
of work involves expenses substantially greater than that required 358
for the individual's former work, unless the expense is provided 359
for.360

       (4) The remuneration, hours, or other conditions of the work 361
offered are substantially less favorable to the individual than 362
those prevailing for similar work in the locality.363

       (F) Subject to the special exceptions contained in division 364
(A)(4)(f) of this section and section 4141.301 of the Revised 365
Code, in determining whether any work is suitable for a claimant 366
in the administration of this chapter, the director, in addition 367
to the determination required under division (E) of this section, 368
shall consider the degree of risk to the claimant's health, 369
safety, and morals, the individual's physical fitness for the 370
work, the individual's prior training and experience, the length 371
of the individual's unemployment, the distance of the available 372
work from the individual's residence, and the individual's 373
prospects for obtaining local work.374

       (G) The "duration of unemployment" as used in this section 375
means the full period of unemployment next ensuing after a 376
separation from any base period or subsequent work and until an 377
individual has become reemployed in employment subject to this 378
chapter, or the unemployment compensation act of another state, or 379
of the United States, and until such individual has worked six 380
weeks and for those weeks has earned or been paid remuneration 381
equal to six times an average weekly wage of not less than: 382
eighty-five dollars and ten cents per week beginning on June 26, 383
1990; and beginning on and after January 1, 1992, twenty-seven and 384
one-half per cent of the statewide average weekly wage as computed 385
each first day of January under division (B)(3) of section 4141.30 386
of the Revised Code, rounded down to the nearest dollar, except 387
for purposes of division (D)(2)(c) of this section, such term 388
means the full period of unemployment next ensuing after a 389
separation from such work and until such individual has become 390
reemployed subject to the terms set forth above, and has earned 391
wages equal to one-half of the individual's average weekly wage or 392
sixty dollars, whichever is less.393

       (H) If a claimant is disqualified under division (D)(2)(a), 394
(c), or (d) of this section or found to be qualified under the 395
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of 396
this section or division (A)(2) of section 4141.291 of the Revised 397
Code, then benefits that may become payable to such claimant, 398
which are chargeable to the account of the employer from whom the 399
individual was separated under such conditions, shall be charged 400
to the mutualized account provided in section 4141.25 of the 401
Revised Code, provided that no charge shall be made to the 402
mutualized account for benefits chargeable to a reimbursing 403
employer, except as provided in division (D)(2) of section 4141.24 404
of the Revised Code. In the case of a reimbursing employer, the 405
director shall refund or credit to the account of the reimbursing 406
employer any over-paid benefits that are recovered under division 407
(B) of section 4141.35 of the Revised Code. Amounts chargeable to 408
other states, the United States, or Canada that are subject to 409
agreements and arrangements that are established pursuant to 410
section 4141.43 of the Revised Code shall be credited or 411
reimbursed according to the agreements and arrangements to which 412
the chargeable amounts are subject.413

       (I)(1) Benefits based on service in employment as provided in 414
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code 415
shall be payable in the same amount, on the same terms, and 416
subject to the same conditions as benefits payable on the basis of 417
other service subject to this chapter; except that after December 418
31, 1977:419

       (a) Benefits based on service in an instructional, research, 420
or principal administrative capacity in an institution of higher 421
education, as defined in division (Y) of section 4141.01 of the 422
Revised Code; or for an educational institution as defined in 423
division (CC) of section 4141.01 of the Revised Code, shall not be 424
paid to any individual for any week of unemployment that begins 425
during the period between two successive academic years or terms, 426
or during a similar period between two regular but not successive 427
terms or during a period of paid sabbatical leave provided for in 428
the individual's contract, if the individual performs such 429
services in the first of those academic years or terms and has a 430
contract or a reasonable assurance that the individual will 431
perform services in any such capacity for any such institution in 432
the second of those academic years or terms.433

       (b) Benefits based on service for an educational institution 434
or an institution of higher education in other than an 435
instructional, research, or principal administrative capacity, 436
shall not be paid to any individual for any week of unemployment 437
which begins during the period between two successive academic 438
years or terms of the employing educational institution or 439
institution of higher education, provided the individual performed 440
those services for the educational institution or institution of 441
higher education during the first such academic year or term and, 442
there is a reasonable assurance that such individual will perform 443
those services for any educational institution or institution of 444
higher education in the second of such academic years or terms.445

       If compensation is denied to any individual for any week 446
under division (I)(1)(b) of this section and the individual was 447
not offered an opportunity to perform those services for an 448
institution of higher education or for an educational institution 449
for the second of such academic years or terms, the individual is 450
entitled to a retroactive payment of compensation for each week 451
for which the individual timely filed a claim for compensation and 452
for which compensation was denied solely by reason of division 453
(I)(1)(b) of this section. An application for retroactive benefits 454
shall be timely filed if received by the director or the 455
director's deputy within or prior to the end of the fourth full 456
calendar week after the end of the period for which benefits were 457
denied because of reasonable assurance of employment. The 458
provision for the payment of retroactive benefits under division 459
(I)(1)(b) of this section is applicable to weeks of unemployment 460
beginning on and after November 18, 1983. The provisions under 461
division (I)(1)(b) of this section shall be retroactive to 462
September 5, 1982, only if, as a condition for full tax credit 463
against the tax imposed by the "Federal Unemployment Tax Act," 53 464
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States 465
secretary of labor determines that retroactivity is required by 466
federal law.467

       (c) With respect to weeks of unemployment beginning after 468
December 31, 1977, benefits shall be denied to any individual for 469
any week which commences during an established and customary 470
vacation period or holiday recess, if the individual performs any 471
services described in divisions (I)(1)(a) and (b) of this section 472
in the period immediately before the vacation period or holiday 473
recess, and there is a reasonable assurance that the individual 474
will perform any such services in the period immediately following 475
the vacation period or holiday recess.476

       (d) With respect to any services described in division 477
(I)(1)(a), (b), or (c) of this section, benefits payable on the 478
basis of services in any such capacity shall be denied as 479
specified in division (I)(1)(a), (b), or (c) of this section to 480
any individual who performs such services in an educational 481
institution or institution of higher education while in the employ 482
of an educational service agency. For this purpose, the term 483
"educational service agency" means a governmental agency or 484
governmental entity that is established and operated exclusively 485
for the purpose of providing services to one or more educational 486
institutions or one or more institutions of higher education.487

       (e) Any individual employed by a county board of 488
developmental disabilities shall be notified by the thirtieth day 489
of April each year if the individual is not to be reemployed the 490
following academic year.491

       (f) Any individual employed by a school district, other than 492
a municipal school district as defined in section 3311.71 of the 493
Revised Code, shall be notified by the first day of June each year 494
if the individual is not to be reemployed the following academic 495
year.496

       (2) No disqualification will be imposed, between academic 497
years or terms or during a vacation period or holiday recess under 498
this division, unless the director or the director's deputy has 499
received a statement in writing from the educational institution 500
or institution of higher education that the claimant has a 501
contract for, or a reasonable assurance of, reemployment for the 502
ensuing academic year or term.503

       (3) If an individual has employment with an educational 504
institution or an institution of higher education and employment 505
with a noneducational employer, during the base period of the 506
individual's benefit year, then the individual may become eligible 507
for benefits during the between-term, or vacation or holiday 508
recess, disqualification period, based on employment performed for 509
the noneducational employer, provided that the employment is 510
sufficient to qualify the individual for benefit rights separately 511
from the benefit rights based on school employment. The weekly 512
benefit amount and maximum benefits payable during a 513
disqualification period shall be computed based solely on the 514
nonschool employment.515

       (J) Benefits shall not be paid on the basis of employment 516
performed by an alien, unless the alien had been lawfully admitted 517
to the United States for permanent residence at the time the 518
services were performed, was lawfully present for purposes of 519
performing the services, or was otherwise permanently residing in 520
the United States under color of law at the time the services were 521
performed, under section 212(d)(5) of the "Immigration and 522
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:523

       (1) Any data or information required of individuals applying 524
for benefits to determine whether benefits are not payable to them 525
because of their alien status shall be uniformly required from all 526
applicants for benefits.527

       (2) In the case of an individual whose application for 528
benefits would otherwise be approved, no determination that 529
benefits to the individual are not payable because of the 530
individual's alien status shall be made except upon a 531
preponderance of the evidence that the individual had not, in 532
fact, been lawfully admitted to the United States.533

       (K) The director shall establish and utilize a system of 534
profiling all new claimants under this chapter that:535

       (1) Identifies which claimants will be likely to exhaust 536
regular compensation and will need job search assistance services 537
to make a successful transition to new employment;538

       (2) Refers claimants identified pursuant to division (K)(1) 539
of this section to reemployment services, such as job search 540
assistance services, available under any state or federal law;541

       (3) Collects follow-up information relating to the services 542
received by such claimants and the employment outcomes for such 543
claimant's subsequent to receiving such services and utilizes such 544
information in making identifications pursuant to division (K)(1) 545
of this section; and546

       (4) Meets such other requirements as the United States 547
secretary of labor determines are appropriate.548

       (L) Except as otherwise provided in division (A)(6) of this 549
section, ineligibility pursuant to division (A) of this section 550
shall begin on the first day of the week in which the claimant 551
becomes ineligible for benefits and shall end on the last day of 552
the week preceding the week in which the claimant satisfies the 553
eligibility requirements.554

       (M) The director may adopt rules that the director considers 555
necessary for the administration of division (A) of this section.556

       Section 2.  That existing section 4141.29 of the Revised Code 557
is hereby repealed.558

       Section 3.  Section 4141.29 of the Revised Code is presented 559
in this act as a composite of the section as amended by both Sub. 560
H.B. 525 and Am. Sub. S.B. 316 of the 129th General Assembly. The 561
General Assembly, applying the principle stated in division (B) of 562
section 1.52 of the Revised Code that amendments are to be 563
harmonized if reasonably capable of simultaneous operation, finds 564
that the composite is the resulting version of the section in 565
effect prior to the effective date of the section as presented in 566
this act.567