As Passed by the Senate

Corrected Version

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 

Senators Balderson, Beagle, Burke, Coley, Eklund, Gardner, Hite, Hughes, Jones, LaRose, Manning, Oelslager, Patton, Peterson, Seitz, Widener, Schaffer 

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 after filing an 6
application for unemployment compensation 7
benefits.8


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

       Section 1. That section 4141.29 of the Revised Code be 9
amended to read as follows:10

       Sec. 4141.29.  Each eligible individual shall receive 11
benefits as compensation for loss of remuneration due to 12
involuntary total or partial unemployment in the amounts and 13
subject to the conditions stipulated in this chapter.14

       (A) No individual is entitled to a waiting period or benefits 15
for any week unless the individual:16

       (1) Has filed a valid application for determination of 17
benefit rights in accordance with section 4141.28 of the Revised 18
Code;19

       (2) Has made a claim for benefits in accordance with section 20
4141.28 of the Revised Code;21

       (3)(a) Has registered atfor work and thereafter continues to 22
report to an employment office or other registration place 23
maintained or designated by the director of job and family 24
services. Registration shall be made in accordance with the time 25
limits, frequency, and manner prescribed by the director.26

       (b) For purposes of division (A)(3) of this section, an 27
individual has "registered" upon doing any of the following:28

        (i) Filing an application for benefit rights;29

        (ii) Making a weekly claim for benefits;30

        (iii) Reopening an existing claim following a period of 31
employment or nonreporting.32

        (c) After an applicant is registered, that registration 33
continues for a period of three calendar weeks, including the week 34
during which the applicant registered.35

       (d) The director may, for good cause, extend the period of 36
registration.37

       (e) For purposes of this section, "report" means contact by 38
phone, access electronically, or be present for an in-person 39
appointment, as designated by the director.40

       (4)(a)(i) Is able to work and available for suitable work 41
and, except as provided in division (A)(4)(a)(ii) or (iii) of this 42
section, is actively seeking suitable work either in a locality in 43
which the individual has earned wages subject to this chapter 44
during the individual's base period, or if the individual leaves 45
that locality, then in a locality where suitable work normally is 46
performed.47

       (ii) The director may waive the requirement that a claimant 48
be actively seeking work when the director finds that the 49
individual has been laid off and the employer who laid the 50
individual off has notified the director within ten days after the 51
layoff, that work is expected to be available for the individual 52
within a specified number of days not to exceed forty-five 53
calendar days following the last day the individual worked. In the 54
event the individual is not recalled within the specified period, 55
this waiver shall cease to be operative with respect to that 56
layoff.57

       (iii) The director may waive the requirement that a claimant 58
be actively seeking work if the director determines that the 59
individual has been laid off and the employer who laid the 60
individual off has notified the director in accordance with 61
division (C) of section 4141.28 of the Revised Code that the 62
employer has closed the employer's entire plant or part of the 63
employer's plant for a purpose other than inventory or vacation 64
that will cause unemployment for a definite period not exceeding 65
twenty-six weeks beginning on the date the employer notifies the 66
director, for the period of the specific shutdown, if all of the 67
following apply:68

       (I) The employer and the individuals affected by the layoff 69
who are claiming benefits under this chapter jointly request the 70
exemption.71

       (II) The employer provides that the affected individuals 72
shall return to work for the employer within twenty-six weeks 73
after the date the employer notifies the director.74

       (III) The director determines that the waiver of the active 75
search for work requirement will promote productivity and economic 76
stability within the state.77

       (iv) Division (A)(4)(a)(iii) of this section does not exempt 78
an individual from meeting the other requirements specified in 79
division (A)(4)(a)(i) of this section to be able to work and 80
otherwise fully be available for work. An exemption granted under 81
division (A)(4)(a)(iii) of this section may be granted only with 82
respect to a specific plant closing.83

       (b)(i) The individual shall be instructed as to the efforts 84
that the individual must make in the search for suitable work, 85
including that, within six months after the effective date of this 86
amendment, the individual shall register with OhioMeansJobs,87
except wherein any of the following circumstances:88

        (I) The individual is an individual described in division 89
(A)(4)(b)(iii) of this section;90

        (II) Where the active search for work requirement has been 91
waived under division (A)(4)(a) of this section, and;92

       (III) Where the active search for work requirement is 93
considered to be met under division (A)(4)(c), (d), or (e) of this 94
section.95

       (ii) An individual who is registered with OhioMeansJobs shall 96
receive a weekly listing of available jobs based on information 97
provided by the individual at the time of registration. For each 98
week that the individual claims benefits, the individual shall 99
keep a record of where and when the individual has sought100
individual's work in complying with those instructionssearch 101
efforts and, upon request, shall produce that record for 102
examination byin the manner and means prescribed by the director.103

       (iii) No individual shall be required to register with 104
OhioMeansJobs if the individual is legally prohibited from using a 105
computer, has a physical or visual impairment that makes the 106
individual unable to use a computer, or has a limited ability to 107
read, write, speak, or understand a language in which 108
OhioMeansJobs is available.109

       (iv) As used in division (A)(4)(b) of this section:110

       (I) "OhioMeansJobs" means the electronic job placement system 111
operated by the state.112

       (II) "Registration" includes the creation, electronic 113
posting, and maintenance of an active, searchable resume.114

       (c) An individual who is attending a training course approved 115
by the director meets the requirement of this division, if 116
attendance was recommended by the director and the individual is 117
regularly attending the course and is making satisfactory 118
progress. An individual also meets the requirements of this 119
division if the individual is participating and advancing in a 120
training program, as defined in division (P) of section 5709.61 of 121
the Revised Code, and if an enterprise, defined in division (B) of 122
section 5709.61 of the Revised Code, is paying all or part of the 123
cost of the individual's participation in the training program 124
with the intention of hiring the individual for employment as a 125
new employee, as defined in division (L) of section 5709.61 of the 126
Revised Code, for at least ninety days after the individual's 127
completion of the training program.128

       (d) An individual who becomes unemployed while attending a 129
regularly established school and whose base period qualifying 130
weeks were earned in whole or in part while attending that school, 131
meets the availability and active search for work requirements of 132
division (A)(4)(a) of this section if the individual regularly 133
attends the school during weeks with respect to which the 134
individual claims unemployment benefits and makes self available 135
on any shift of hours for suitable employment with the 136
individual's most recent employer or any other employer in the 137
individual's base period, or for any other suitable employment to 138
which the individual is directed, under this chapter.139

       (e) The director shall adopt any rules that the director 140
deems necessary for the administration of division (A)(4) of this 141
sectionAn individual who is a member in good standing with a 142
labor organization that refers individuals to jobs meets the 143
active search for work requirement specified in division (A)(4)(a) 144
of this section if the individual provides documentation that the 145
individual is eligible for a referral or placement upon request 146
and in a manner prescribed by the director.147

       (f) Notwithstanding any other provisions of this section, no 148
otherwise eligible individual shall be denied benefits for any 149
week because the individual is in training approved under section 150
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 151
2296, nor shall that individual be denied benefits by reason of 152
leaving work to enter such training, provided the work left is not 153
suitable employment, or because of the application to any week in 154
training of provisions in this chapter, or any applicable federal 155
unemployment compensation law, relating to availability for work, 156
active search for work, or refusal to accept work.157

       For the purposes of division (A)(4)(f) of this section, 158
"suitable employment" means with respect to an individual, work of 159
a substantially equal or higher skill level than the individual's 160
past adversely affected employment, as defined for the purposes of 161
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and 162
wages for such work at not less than eighty per cent of the 163
individual's average weekly wage as determined for the purposes of 164
that federal act.165

       (5) Is unable to obtain suitable work. An individual who is 166
provided temporary work assignments by the individual's employer 167
under agreed terms and conditions of employment, and who is 168
required pursuant to those terms and conditions to inquire with 169
the individual's employer for available work assignments upon the 170
conclusion of each work assignment, is not considered unable to 171
obtain suitable employment if suitable work assignments are 172
available with the employer but the individual fails to contact 173
the employer to inquire about work assignments.174

       (6) Participates in reemployment services, such as job search 175
assistance services, if the individual has been determined to be 176
likely to exhaust benefits under this chapter, including 177
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than 178
extended compensation, and needs reemployment services pursuant to 179
the profiling system established by the director under division 180
(K) of this section, unless the director determines that:181

       (a) The individual has completed such services; or182

       (b) There is justifiable cause for the claimant's failure to 183
participate in such services.184

       Ineligibility for failure to participate in reemployment 185
services as described in division (A)(6) of this section shall be 186
for the week or weeks in which the claimant was scheduled and 187
failed to participate without justifiable cause.188

       (7) Participates in the reemployment and eligibility 189
assessment program, or other reemployment services, as required by 190
the director. As used in division (A)(7) of this section, 191
"reemployment services" includes job search assistance activities, 192
skills assessments, and the provision of labor market statistics 193
or analysis.194

       (a) For purposes of division (A)(7) of this section, 195
participation is required unless the director determines that 196
either of the following circumstances applies to the individual:197

       (i) The individual has completed similar services.198

       (ii) Justifiable cause exists for the failure of the 199
individual to participate in those services.200

       (b) Within six months after the effective date of this 201
amendment, notwithstanding any earlier contact an individual may 202
have had with a local one-stop county office, including as 203
described in section 6301.08 of the Revised Code, beginning with 204
the eighth week after the week during which an individual first 205
files a valid application for determination of benefit rights in 206
the individual's benefit year, the individual shall report to a 207
local one-stop county office for reemployment services in the 208
manner prescribed by the director.209

       (c) An individual whose active search for work requirement 210
has been waived under division (A)(4)(a) of this section or is 211
considered to be satisfied under division (A)(4)(c), (d), or (e) 212
of this section is exempt from the requirements of division (A)(7) 213
of this section.214

       (B) An individual suffering total or partial unemployment is 215
eligible for benefits for unemployment occurring subsequent to a 216
waiting period of one week and no benefits shall be payable during 217
this required waiting period. Not more than one week of waiting 218
period shall be required of any individual in any benefit year in 219
order to establish the individual's eligibility for total or 220
partial unemployment benefits.221

       (C) The waiting period for total or partial unemployment 222
shall commence on the first day of the first week with respect to 223
which the individual first files a claim for benefits at an 224
employment office or other place of registration maintained or 225
designated by the director or on the first day of the first week 226
with respect to which the individual has otherwise filed a claim 227
for benefits in accordance with the rules of the department of job 228
and family services, provided such claim is allowed by the 229
director.230

       (D) Notwithstanding division (A) of this section, no 231
individual may serve a waiting period or be paid benefits under 232
the following conditions:233

       (1) For any week with respect to which the director finds 234
that:235

       (a) The individual's unemployment was due to a labor dispute 236
other than a lockout at any factory, establishment, or other 237
premises located in this or any other state and owned or operated 238
by the employer by which the individual is or was last employed; 239
and for so long as the individual's unemployment is due to such 240
labor dispute. No individual shall be disqualified under this 241
provision if either of the following applies:242

       (i) The individual's employment was with such employer at any 243
factory, establishment, or premises located in this state, owned 244
or operated by such employer, other than the factory, 245
establishment, or premises at which the labor dispute exists, if 246
it is shown that the individual is not financing, participating 247
in, or directly interested in such labor dispute;248

       (ii) The individual's employment was with an employer not 249
involved in the labor dispute but whose place of business was 250
located within the same premises as the employer engaged in the 251
dispute, unless the individual's employer is a wholly owned 252
subsidiary of the employer engaged in the dispute, or unless the 253
individual actively participates in or voluntarily stops work 254
because of such dispute. If it is established that the claimant 255
was laid off for an indefinite period and not recalled to work 256
prior to the dispute, or was separated by the employer prior to 257
the dispute for reasons other than the labor dispute, or that the 258
individual obtained a bona fide job with another employer while 259
the dispute was still in progress, such labor dispute shall not 260
render the employee ineligible for benefits.261

       (b) The individual has been given a disciplinary layoff for 262
misconduct in connection with the individual's work.263

       (2) For the duration of the individual's unemployment if the 264
director finds that:265

       (a) The individual quit work without just cause or has been 266
discharged for just cause in connection with the individual's 267
work, provided division (D)(2) of this section does not apply to 268
the separation of a person under any of the following 269
circumstances:270

       (i) Separation from employment for the purpose of entering 271
the armed forces of the United States if the individual is 272
inducted into the armed forces within one of the following 273
periods:274

       (I) Thirty days after separation;275

       (II) One hundred eighty days after separation if the 276
individual's date of induction is delayed solely at the discretion 277
of the armed forces.278

       (ii) Separation from employment pursuant to a 279
labor-management contract or agreement, or pursuant to an 280
established employer plan, program, or policy, which permits the 281
employee, because of lack of work, to accept a separation from 282
employment;283

       (iii) The individual has left employment to accept a recall 284
from a prior employer or, except as provided in division 285
(D)(2)(a)(iv) of this section, to accept other employment as 286
provided under section 4141.291 of the Revised Code, or left or 287
was separated from employment that was concurrent employment at 288
the time of the most recent separation or within six weeks prior 289
to the most recent separation where the remuneration, hours, or 290
other conditions of such concurrent employment were substantially 291
less favorable than the individual's most recent employment and 292
where such employment, if offered as new work, would be considered 293
not suitable under the provisions of divisions (E) and (F) of this 294
section. Any benefits that would otherwise be chargeable to the 295
account of the employer from whom an individual has left 296
employment or was separated from employment that was concurrent 297
employment under conditions described in division (D)(2)(a)(iii) 298
of this section, shall instead be charged to the mutualized 299
account created by division (B) of section 4141.25 of the Revised 300
Code, except that any benefits chargeable to the account of a 301
reimbursing employer under division (D)(2)(a)(iii) of this section 302
shall be charged to the account of the reimbursing employer and 303
not to the mutualized account, except as provided in division 304
(D)(2) of section 4141.24 of the Revised Code.305

       (iv) When an individual has been issued a definite layoff 306
date by the individual's employer and before the layoff date, the 307
individual quits to accept other employment, the provisions of 308
division (D)(2)(a)(iii) of this section apply and no 309
disqualification shall be imposed under division (D) of this 310
section. However, if the individual fails to meet the employment 311
and earnings requirements of division (A)(2) of section 4141.291 312
of the Revised Code, then the individual, pursuant to division 313
(A)(5) of this section, shall be ineligible for benefits for any 314
week of unemployment that occurs prior to the layoff date.315

       (b) The individual has refused without good cause to accept 316
an offer of suitable work when made by an employer either in 317
person or to the individual's last known address, or has refused 318
or failed to investigate a referral to suitable work when directed 319
to do so by a local employment office of this state or another 320
state, provided that this division shall not cause a 321
disqualification for a waiting week or benefits under the 322
following circumstances:323

       (i) When work is offered by the individual's employer and the 324
individual is not required to accept the offer pursuant to the 325
terms of the labor-management contract or agreement; or326

       (ii) When the individual is attending a training course 327
pursuant to division (A)(4) of this section except, in the event 328
of a refusal to accept an offer of suitable work or a refusal or 329
failure to investigate a referral, benefits thereafter paid to 330
such individual shall not be charged to the account of any 331
employer and, except as provided in division (B)(1)(b) of section 332
4141.241 of the Revised Code, shall be charged to the mutualized 333
account as provided in division (B) of section 4141.25 of the 334
Revised Code.335

       (c) Such individual quit work to marry or because of marital, 336
parental, filial, or other domestic obligations.337

       (d) The individual became unemployed by reason of commitment 338
to any correctional institution.339

       (e) The individual became unemployed because of dishonesty in 340
connection with the individual's most recent or any base period 341
work. Remuneration earned in such work shall be excluded from the 342
individual's total base period remuneration and qualifying weeks 343
that otherwise would be credited to the individual for such work 344
in the individual's base period shall not be credited for the 345
purpose of determining the total benefits to which the individual 346
is eligible and the weekly benefit amount to be paid under section 347
4141.30 of the Revised Code. Such excluded remuneration and 348
noncredited qualifying weeks shall be excluded from the 349
calculation of the maximum amount to be charged, under division 350
(D) of section 4141.24 and section 4141.33 of the Revised Code, 351
against the accounts of the individual's base period employers. In 352
addition, no benefits shall thereafter be paid to the individual 353
based upon such excluded remuneration or noncredited qualifying 354
weeks.355

       For purposes of division (D)(2)(e) of this section, 356
"dishonesty" means the commission of substantive theft, fraud, or 357
deceitful acts.358

       (E) No individual otherwise qualified to receive benefits 359
shall lose the right to benefits by reason of a refusal to accept 360
new work if:361

       (1) As a condition of being so employed the individual would 362
be required to join a company union, or to resign from or refrain 363
from joining any bona fide labor organization, or would be denied 364
the right to retain membership in and observe the lawful rules of 365
any such organization.366

       (2) The position offered is vacant due directly to a strike, 367
lockout, or other labor dispute.368

       (3) The work is at an unreasonable distance from the 369
individual's residence, having regard to the character of the work 370
the individual has been accustomed to do, and travel to the place 371
of work involves expenses substantially greater than that required 372
for the individual's former work, unless the expense is provided 373
for.374

       (4) The remuneration, hours, or other conditions of the work 375
offered are substantially less favorable to the individual than 376
those prevailing for similar work in the locality.377

       (F) Subject to the special exceptions contained in division 378
(A)(4)(f) of this section and section 4141.301 of the Revised 379
Code, in determining whether any work is suitable for a claimant 380
in the administration of this chapter, the director, in addition 381
to the determination required under division (E) of this section, 382
shall consider the degree of risk to the claimant's health, 383
safety, and morals, the individual's physical fitness for the 384
work, the individual's prior training and experience, the length 385
of the individual's unemployment, the distance of the available 386
work from the individual's residence, and the individual's 387
prospects for obtaining local work.388

       (G) The "duration of unemployment" as used in this section 389
means the full period of unemployment next ensuing after a 390
separation from any base period or subsequent work and until an 391
individual has become reemployed in employment subject to this 392
chapter, or the unemployment compensation act of another state, or 393
of the United States, and until such individual has worked six 394
weeks and for those weeks has earned or been paid remuneration 395
equal to six times an average weekly wage of not less than: 396
eighty-five dollars and ten cents per week beginning on June 26, 397
1990; and beginning on and after January 1, 1992, twenty-seven and 398
one-half per cent of the statewide average weekly wage as computed 399
each first day of January under division (B)(3) of section 4141.30 400
of the Revised Code, rounded down to the nearest dollar, except 401
for purposes of division (D)(2)(c) of this section, such term 402
means the full period of unemployment next ensuing after a 403
separation from such work and until such individual has become 404
reemployed subject to the terms set forth above, and has earned 405
wages equal to one-half of the individual's average weekly wage or 406
sixty dollars, whichever is less.407

       (H) If a claimant is disqualified under division (D)(2)(a), 408
(c), or (d) of this section or found to be qualified under the 409
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of 410
this section or division (A)(2) of section 4141.291 of the Revised 411
Code, then benefits that may become payable to such claimant, 412
which are chargeable to the account of the employer from whom the 413
individual was separated under such conditions, shall be charged 414
to the mutualized account provided in section 4141.25 of the 415
Revised Code, provided that no charge shall be made to the 416
mutualized account for benefits chargeable to a reimbursing 417
employer, except as provided in division (D)(2) of section 4141.24 418
of the Revised Code. In the case of a reimbursing employer, the 419
director shall refund or credit to the account of the reimbursing 420
employer any over-paid benefits that are recovered under division 421
(B) of section 4141.35 of the Revised Code. Amounts chargeable to 422
other states, the United States, or Canada that are subject to 423
agreements and arrangements that are established pursuant to 424
section 4141.43 of the Revised Code shall be credited or 425
reimbursed according to the agreements and arrangements to which 426
the chargeable amounts are subject.427

       (I)(1) Benefits based on service in employment as provided in 428
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code 429
shall be payable in the same amount, on the same terms, and 430
subject to the same conditions as benefits payable on the basis of 431
other service subject to this chapter; except that after December 432
31, 1977:433

       (a) Benefits based on service in an instructional, research, 434
or principal administrative capacity in an institution of higher 435
education, as defined in division (Y) of section 4141.01 of the 436
Revised Code; or for an educational institution as defined in 437
division (CC) of section 4141.01 of the Revised Code, shall not be 438
paid to any individual for any week of unemployment that begins 439
during the period between two successive academic years or terms, 440
or during a similar period between two regular but not successive 441
terms or during a period of paid sabbatical leave provided for in 442
the individual's contract, if the individual performs such 443
services in the first of those academic years or terms and has a 444
contract or a reasonable assurance that the individual will 445
perform services in any such capacity for any such institution in 446
the second of those academic years or terms.447

       (b) Benefits based on service for an educational institution 448
or an institution of higher education in other than an 449
instructional, research, or principal administrative capacity, 450
shall not be paid to any individual for any week of unemployment 451
which begins during the period between two successive academic 452
years or terms of the employing educational institution or 453
institution of higher education, provided the individual performed 454
those services for the educational institution or institution of 455
higher education during the first such academic year or term and, 456
there is a reasonable assurance that such individual will perform 457
those services for any educational institution or institution of 458
higher education in the second of such academic years or terms.459

       If compensation is denied to any individual for any week 460
under division (I)(1)(b) of this section and the individual was 461
not offered an opportunity to perform those services for an 462
institution of higher education or for an educational institution 463
for the second of such academic years or terms, the individual is 464
entitled to a retroactive payment of compensation for each week 465
for which the individual timely filed a claim for compensation and 466
for which compensation was denied solely by reason of division 467
(I)(1)(b) of this section. An application for retroactive benefits 468
shall be timely filed if received by the director or the 469
director's deputy within or prior to the end of the fourth full 470
calendar week after the end of the period for which benefits were 471
denied because of reasonable assurance of employment. The 472
provision for the payment of retroactive benefits under division 473
(I)(1)(b) of this section is applicable to weeks of unemployment 474
beginning on and after November 18, 1983. The provisions under 475
division (I)(1)(b) of this section shall be retroactive to 476
September 5, 1982, only if, as a condition for full tax credit 477
against the tax imposed by the "Federal Unemployment Tax Act," 53 478
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States 479
secretary of labor determines that retroactivity is required by 480
federal law.481

       (c) With respect to weeks of unemployment beginning after 482
December 31, 1977, benefits shall be denied to any individual for 483
any week which commences during an established and customary 484
vacation period or holiday recess, if the individual performs any 485
services described in divisions (I)(1)(a) and (b) of this section 486
in the period immediately before the vacation period or holiday 487
recess, and there is a reasonable assurance that the individual 488
will perform any such services in the period immediately following 489
the vacation period or holiday recess.490

       (d) With respect to any services described in division 491
(I)(1)(a), (b), or (c) of this section, benefits payable on the 492
basis of services in any such capacity shall be denied as 493
specified in division (I)(1)(a), (b), or (c) of this section to 494
any individual who performs such services in an educational 495
institution or institution of higher education while in the employ 496
of an educational service agency. For this purpose, the term 497
"educational service agency" means a governmental agency or 498
governmental entity that is established and operated exclusively 499
for the purpose of providing services to one or more educational 500
institutions or one or more institutions of higher education.501

       (e) Any individual employed by a county board of 502
developmental disabilities shall be notified by the thirtieth day 503
of April each year if the individual is not to be reemployed the 504
following academic year.505

       (f) Any individual employed by a school district, other than 506
a municipal school district as defined in section 3311.71 of the 507
Revised Code, shall be notified by the first day of June each year 508
if the individual is not to be reemployed the following academic 509
year.510

       (2) No disqualification will be imposed, between academic 511
years or terms or during a vacation period or holiday recess under 512
this division, unless the director or the director's deputy has 513
received a statement in writing from the educational institution 514
or institution of higher education that the claimant has a 515
contract for, or a reasonable assurance of, reemployment for the 516
ensuing academic year or term.517

       (3) If an individual has employment with an educational 518
institution or an institution of higher education and employment 519
with a noneducational employer, during the base period of the 520
individual's benefit year, then the individual may become eligible 521
for benefits during the between-term, or vacation or holiday 522
recess, disqualification period, based on employment performed for 523
the noneducational employer, provided that the employment is 524
sufficient to qualify the individual for benefit rights separately 525
from the benefit rights based on school employment. The weekly 526
benefit amount and maximum benefits payable during a 527
disqualification period shall be computed based solely on the 528
nonschool employment.529

       (J) Benefits shall not be paid on the basis of employment 530
performed by an alien, unless the alien had been lawfully admitted 531
to the United States for permanent residence at the time the 532
services were performed, was lawfully present for purposes of 533
performing the services, or was otherwise permanently residing in 534
the United States under color of law at the time the services were 535
performed, under section 212(d)(5) of the "Immigration and 536
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:537

       (1) Any data or information required of individuals applying 538
for benefits to determine whether benefits are not payable to them 539
because of their alien status shall be uniformly required from all 540
applicants for benefits.541

       (2) In the case of an individual whose application for 542
benefits would otherwise be approved, no determination that 543
benefits to the individual are not payable because of the 544
individual's alien status shall be made except upon a 545
preponderance of the evidence that the individual had not, in 546
fact, been lawfully admitted to the United States.547

       (K) The director shall establish and utilize a system of 548
profiling all new claimants under this chapter that:549

       (1) Identifies which claimants will be likely to exhaust 550
regular compensation and will need job search assistance services 551
to make a successful transition to new employment;552

       (2) Refers claimants identified pursuant to division (K)(1) 553
of this section to reemployment services, such as job search 554
assistance services, available under any state or federal law;555

       (3) Collects follow-up information relating to the services 556
received by such claimants and the employment outcomes for such 557
claimant's subsequent to receiving such services and utilizes such 558
information in making identifications pursuant to division (K)(1) 559
of this section; and560

       (4) Meets such other requirements as the United States 561
secretary of labor determines are appropriate.562

       (L) Except as otherwise provided in division (A)(6) of this 563
section, ineligibility pursuant to division (A) of this section 564
shall begin on the first day of the week in which the claimant 565
becomes ineligible for benefits and shall end on the last day of 566
the week preceding the week in which the claimant satisfies the 567
eligibility requirements.568

       (M) The director may adopt rules that the director considers 569
necessary for the administration of division (A) of this section.570

       Section 2.  That existing section 4141.29 of the Revised Code 571
is hereby repealed.572

       Section 3.  Section 4141.29 of the Revised Code is presented 573
in this act as a composite of the section as amended by both Sub. 574
H.B. 525 and Am. Sub. S.B. 316 of the 129th General Assembly. The 575
General Assembly, applying the principle stated in division (B) of 576
section 1.52 of the Revised Code that amendments are to be 577
harmonized if reasonably capable of simultaneous operation, finds 578
that the composite is the resulting version of the section in 579
effect prior to the effective date of the section as presented in 580
this act.581