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As Introduced
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 128 |
REPRESENTATIVES BOYD-LAWRENCE-PRINGLE-JONES-FORD-NETZLEY-
OPFER-MEAD-D.MILLER-HARTNETT-BARRETT-ALLEN
A BILL
To create for a period of six months the Employment Disqualification Study
Committee to study the provisions of the Revised Code that
disqualify persons who are convicted of or plead guilty to certain offenses
from obtaining specified employment, contracts, or licensing or from being
permitted to perform specified duties, to determine the impact of those
provisions on the Ohio Works First program, to seek federal funds to assist in
conducting the study,
and, within six months after this act's effective date, to make
recommendations to the General Assembly
regarding possible revisions to those provisions; and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. (A) There is hereby created the Employment
Disqualification Study Committee consisting of eleven members.
The Speaker of the House of Representatives shall appoint three
members from the House of Representatives, no more than two of
whom shall be from the same political party. The President of
the Senate shall appoint three members from the Senate, no more
than two of whom shall be from the same political party. The
Attorney General shall appoint one member to represent the
office of the Attorney General. The Superintendent of Public
Instruction shall appoint one member to represent the Department
of Education. The Director of Rehabilitation and Correction shall appoint one
member to represent the Department of Rehabilitation and Correction. The
Director of Human Services shall appoint one member to represent the
Department of Human Services. The Ohio Education Association shall appoint
one member who shall be a teacher or a school administrator.
The initial appointments to the Employment
Disqualification Study Committee shall be made within thirty
days after this section's effective date. A vacancy on the committee
shall be filled in the same manner as the original appointment.
The Speaker of the House of Representatives shall appoint the
chairperson of the committee. The members of the committee shall
serve without compensation. The Department of Human Services shall
provide facilities in which the committee shall meet,
provide any clerical or other services required by the committee
in performing its official duties, and be responsible for
any administrative expenses incurred by the committee in
performing its official duties.
(B) The Employment Disqualification Study
Committee shall do all of the following:
(1) Hold its first meeting within fourteen days after the initial
appointments to the committee described in division (A) of this section have
been made;
(2) Review sections 173.41, 2151.86, 3301.32, 3301.541, 3319.31, 3319.311,
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5126.28,
5126.281, and 5153.111 of the Revised Code and the offenses listed or
described in those sections;
(3) Determine the impact of sections 173.41, 2151.86, 3301.32, 3301.541,
3319.31, 3319.311, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,
5104.013, 5126.28, 5126.281, and 5153.111 of the Revised Code on the ability
of the Ohio Works First program to help the program's participants find
self-sufficiency through employment;
(4) Seek any funds available under Title IV-A of the "Social Security Act,"
49 Stat. 620 (1935), 42 U.S.C. 301, as amended, to assist the committee in
fulfilling its duties;
(5) Develop recommendations regarding sections
173.41, 2151.86, 3301.32, 3301.541, 3319.31, 3319.311, 3319.39, 3701.881,
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, and
5153.111 of the Revised Code and the offenses
specified in those sections that shall include recommendations regarding all
of the
following:
(a) Whether a person who is convicted of or pleads guilty to
committing more than one of the offenses specified in any of
those sections should be permanently
prevented or prevented for a specified period of time
from obtaining the employment, contract, or licensing described
in any of those sections or from being permitted to perform the duties
described in any of those sections;
(b) Whether a person who has been convicted of or pleads guilty
to committing only one of the offenses specified in any of those sections
should be permanently
prevented or prevented for a specified period of time
from obtaining the employment, contract, or licensing described
in any of those sections or from being permitted to perform the duties
described in any of those sections;
(c) Whether a person who is convicted of or pleads guilty to
committing one or more of the offenses specified in any of those sections
can be sufficiently
rehabilitated as to merit the person obtaining the employment, contract, or
licensing described in any of those sections or being permitted to perform the
duties described in any of those sections and, if the person can be
sufficiently rehabilitated, what standard should be used to
determine whether the person has been sufficiently
rehabilitated;
(d) Which of the offenses described in any of those sections,
if any, the conviction of or plea
of guilty to which merit permanently preventing a person from
obtaining the employment, contract, or licensing described in any of those
sections or from being permitted to perform the duties described in any of
those sections and which of those offenses, if any, the conviction of
or plea of guilty to which merit preventing a person from obtaining the
employment, contract, or licensing described in any of those sections or from
being permitted to perform the duties described in any of those sections for a
specified period of
time;
(e) If the conviction of or plea of guilty to one of the
offenses specified in any of those sections merits preventing a person from
obtaining the employment, contract, or
licensing described in any of those sections or from being permitted to
perform the duties described in any of those sections for a specified period
of
time, what that period of time should be.
(6) Within six months after the effective date of this section, submit
a report of its findings and recommendations to the Speaker and
Minority Leader of the House of Representatives and the
President and Minority Leader of the Senate.
(C) The Employment Disqualification Study
Committee shall cease to exist six months after the effective
date of this section.
(D) As used in this section:
(1) "License" has the same meaning as in section 3319.31 of the
Revised Code.
(2) "Licensing" means the issuance of a license.
Section 2. This act shall expire six months after its effective
date.
Section 3. This act is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, and safety. The
reason for such necessity is that persons will begin to lose eligibility for
the Ohio Works First program on October 1, 2000. The state crucially needs
to determine prior to this date whether sections 173.41, 2151.86, 3301.32,
3301.541, 3319.31, 3319.311, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,
5104.012, 5104.013, 5126.28, 5126.281, and 5153.111 of the Revised Code create
unreasonable impediments to the employment of Ohio Works First participants.
Therefore, this act shall go into immediate effect.
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