Bill Text: OH HB162 | 2011-2012 | 129th General Assembly | Engrossed

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Bill Title: To provide certain professional licensing and certification rights to service members, spouses of service members, and veterans, and to eliminate the requirement that a veteran be a resident of Ohio to qualify to receive the veterans preference on civil service examinations.

Spectrum: Slight Partisan Bill (Republican 51-33)

Status: (Engrossed - Dead) 2011-06-24 - To State & Local Government & Veterans Affairs [HB162 Detail]

Download: Ohio-2011-HB162-Engrossed.html

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As Passed by the House

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 162

Representatives Stebelton, Bubp 

Cosponsors: Representatives Adams, J., Antonio, Barnes, Blessing, Butler, Carey, Combs, Derickson, Dovilla, Fende, Murray, Newbold, Pillich, Rosenberger, Martin, Fedor, Hagan, C., Landis, Milkovich, Yuko, Adams, R., Amstutz, Anielski, Ashford, Baker, Balderson, Beck, Blair, Boose, Brenner, Buchy, Carney, Celeste, Clyde, Conditt, Damschroder, DeGeeter, Driehaus, Gardner, Garland, Gentile, Gerberry, Goodwin, Goyal, Hackett, Hagan, R., Hall, Hayes, Heard, Henne, Hottinger, Huffman, Johnson, Kozlowski, Letson, Lundy, Maag, Mallory, McClain, McKenney, Mecklenborg, O'Brien, Patmon, Peterson, Phillips, Reece, Roegner, Ruhl, Sears, Slaby, Slesnick, Sprague, Stautberg, Stinziano, Sykes, Szollosi, Thompson, Uecker, Weddington, Winburn, Young Speaker Batchelder 

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A BILL

To amend sections 109.572, 124.23, and 5903.10 and to

1

enact sections 5903.101 and 5903.102 of the

2

Revised Code to provide certain professional

3

licensing and certification rights to service

4

members, spouses of service members, and veterans,

5

and to eliminate the requirement that a veteran be

6

a resident of Ohio to qualify to receive the

7

veterans preference on civil service examinations.

8

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

Section 1. That sections 109.572, 124.23, and 5903.10 be	9
amended and sections 5903.101 and 5903.102 of the Revised Code be	10
enacted to read as follows:	11

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	12
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	13
a completed form prescribed pursuant to division (C)(1) of this	14
section, and a set of fingerprint impressions obtained in the	15
manner described in division (C)(2) of this section, the	16
superintendent of the bureau of criminal identification and	17
investigation shall conduct a criminal records check in the manner	18
described in division (B) of this section to determine whether any	19
information exists that indicates that the person who is the	20
subject of the request previously has been convicted of or pleaded	21
guilty to any of the following:	22

(a) A violation of section 2903.01, 2903.02, 2903.03,	23
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	24
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	25
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	26
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	27
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	28
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	29
2925.06, or 3716.11 of the Revised Code, felonious sexual	30
penetration in violation of former section 2907.12 of the Revised	31
Code, a violation of section 2905.04 of the Revised Code as it	32
existed prior to July 1, 1996, a violation of section 2919.23 of	33
the Revised Code that would have been a violation of section	34
2905.04 of the Revised Code as it existed prior to July 1, 1996,	35
had the violation been committed prior to that date, or a	36
violation of section 2925.11 of the Revised Code that is not a	37
minor drug possession offense;	38

(b) A violation of an existing or former law of this state,	39
any other state, or the United States that is substantially	40
equivalent to any of the offenses listed in division (A)(1)(a) of	41
this section.	42

(2) On receipt of a request pursuant to section 5123.081 of	43
the Revised Code with respect to an applicant for employment in	44
any position with the department of developmental disabilities,	45
pursuant to section 5126.28 of the Revised Code with respect to an	46
applicant for employment in any position with a county board of	47
developmental disabilities, or pursuant to section 5126.281 of the	48
Revised Code with respect to an applicant for employment in a	49
direct services position with an entity contracting with a county	50
board for employment, a completed form prescribed pursuant to	51
division (C)(1) of this section, and a set of fingerprint	52
impressions obtained in the manner described in division (C)(2) of	53
this section, the superintendent of the bureau of criminal	54
identification and investigation shall conduct a criminal records	55
check. The superintendent shall conduct the criminal records check	56
in the manner described in division (B) of this section to	57
determine whether any information exists that indicates that the	58
person who is the subject of the request has been convicted of or	59
pleaded guilty to any of the following:	60

(a) A violation of section 2903.01, 2903.02, 2903.03,	61
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	62
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	63
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	64
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	65
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	66
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	67
2925.03, or 3716.11 of the Revised Code;	68

(b) An existing or former municipal ordinance or law of this	69
state, any other state, or the United States that is substantially	70
equivalent to any of the offenses listed in division (A)(2)(a) of	71
this section.	72

(3) On receipt of a request pursuant to section 173.27,	73
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	74
completed form prescribed pursuant to division (C)(1) of this	75
section, and a set of fingerprint impressions obtained in the	76
manner described in division (C)(2) of this section, the	77
superintendent of the bureau of criminal identification and	78
investigation shall conduct a criminal records check with respect	79
to any person who has applied for employment in a position for	80
which a criminal records check is required by those sections. The	81
superintendent shall conduct the criminal records check in the	82
manner described in division (B) of this section to determine	83
whether any information exists that indicates that the person who	84
is the subject of the request previously has been convicted of or	85
pleaded guilty to any of the following:	86

(a) A violation of section 2903.01, 2903.02, 2903.03,	87
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	88
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	89
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	90
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	91
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	92
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	93
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	94
2925.22, 2925.23, or 3716.11 of the Revised Code;	95

(b) An existing or former law of this state, any other state,	96
or the United States that is substantially equivalent to any of	97
the offenses listed in division (A)(3)(a) of this section.	98

(4) On receipt of a request pursuant to section 3701.881 of	99
the Revised Code with respect to an applicant for employment with	100
a home health agency as a person responsible for the care,	101
custody, or control of a child, a completed form prescribed	102
pursuant to division (C)(1) of this section, and a set of	103
fingerprint impressions obtained in the manner described in	104
division (C)(2) of this section, the superintendent of the bureau	105
of criminal identification and investigation shall conduct a	106
criminal records check. The superintendent shall conduct the	107
criminal records check in the manner described in division (B) of	108
this section to determine whether any information exists that	109
indicates that the person who is the subject of the request	110
previously has been convicted of or pleaded guilty to any of the	111
following:	112

(a) A violation of section 2903.01, 2903.02, 2903.03,	113
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	114
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	115
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	116
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	117
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	118
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	119
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	120
violation of section 2925.11 of the Revised Code that is not a	121
minor drug possession offense;	122

(b) An existing or former law of this state, any other state,	123
or the United States that is substantially equivalent to any of	124
the offenses listed in division (A)(4)(a) of this section.	125

(5) On receipt of a request pursuant to section 5111.032,	126
5111.033, or 5111.034 of the Revised Code, a completed form	127
prescribed pursuant to division (C)(1) of this section, and a set	128
of fingerprint impressions obtained in the manner described in	129
division (C)(2) of this section, the superintendent of the bureau	130
of criminal identification and investigation shall conduct a	131
criminal records check. The superintendent shall conduct the	132
criminal records check in the manner described in division (B) of	133
this section to determine whether any information exists that	134
indicates that the person who is the subject of the request	135
previously has been convicted of, has pleaded guilty to, or has	136
been found eligible for intervention in lieu of conviction for any	137
of the following, regardless of the date of the conviction, the	138
date of entry of the guilty plea, or the date the person was found	139
eligible for intervention in lieu of conviction:	140

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	141
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	142
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	143
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	144
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	145
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	146
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	147
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	148
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	149
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	150
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	151
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	152
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	153
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	154
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	155
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual	156
penetration in violation of former section 2907.12 of the Revised	157
Code, a violation of section 2905.04 of the Revised Code as it	158
existed prior to July 1, 1996, a violation of section 2919.23 of	159
the Revised Code that would have been a violation of section	160
2905.04 of the Revised Code as it existed prior to July 1, 1996,	161
had the violation been committed prior to that date;	162

(b) A violation of an existing or former municipal ordinance	163
or law of this state, any other state, or the United States that	164
is substantially equivalent to any of the offenses listed in	165
division (A)(5)(a) of this section.	166

(6) On receipt of a request pursuant to section 3701.881 of	167
the Revised Code with respect to an applicant for employment with	168
a home health agency in a position that involves providing direct	169
care to an older adult, a completed form prescribed pursuant to	170
division (C)(1) of this section, and a set of fingerprint	171
impressions obtained in the manner described in division (C)(2) of	172
this section, the superintendent of the bureau of criminal	173
identification and investigation shall conduct a criminal records	174
check. The superintendent shall conduct the criminal records check	175
in the manner described in division (B) of this section to	176
determine whether any information exists that indicates that the	177
person who is the subject of the request previously has been	178
convicted of or pleaded guilty to any of the following:	179

(a) A violation of section 2903.01, 2903.02, 2903.03,	180
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	181
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	182
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	183
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	184
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	185
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	186
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	187
2925.22, 2925.23, or 3716.11 of the Revised Code;	188

(b) An existing or former law of this state, any other state,	189
or the United States that is substantially equivalent to any of	190
the offenses listed in division (A)(6)(a) of this section.	191

(7) When conducting a criminal records check upon a request	192
pursuant to section 3319.39 of the Revised Code for an applicant	193
who is a teacher, in addition to the determination made under	194
division (A)(1) of this section, the superintendent shall	195
determine whether any information exists that indicates that the	196
person who is the subject of the request previously has been	197
convicted of or pleaded guilty to any offense specified in section	198
3319.31 of the Revised Code.	199

(8) On receipt of a request pursuant to section 2151.86 of	200
the Revised Code, a completed form prescribed pursuant to division	201
(C)(1) of this section, and a set of fingerprint impressions	202
obtained in the manner described in division (C)(2) of this	203
section, the superintendent of the bureau of criminal	204
identification and investigation shall conduct a criminal records	205
check in the manner described in division (B) of this section to	206
determine whether any information exists that indicates that the	207
person who is the subject of the request previously has been	208
convicted of or pleaded guilty to any of the following:	209

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	210
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	211
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	212
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	213
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	214
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	215
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	216
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	217
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	218
of the Revised Code, a violation of section 2905.04 of the Revised	219
Code as it existed prior to July 1, 1996, a violation of section	220
2919.23 of the Revised Code that would have been a violation of	221
section 2905.04 of the Revised Code as it existed prior to July 1,	222
1996, had the violation been committed prior to that date, a	223
violation of section 2925.11 of the Revised Code that is not a	224
minor drug possession offense, two or more OVI or OVUAC violations	225
committed within the three years immediately preceding the	226
submission of the application or petition that is the basis of the	227
request, or felonious sexual penetration in violation of former	228
section 2907.12 of the Revised Code;	229

(b) A violation of an existing or former law of this state,	230
any other state, or the United States that is substantially	231
equivalent to any of the offenses listed in division (A)(8)(a) of	232
this section.	233

(9) Upon receipt of a request pursuant to section 5104.012 or	234
5104.013 of the Revised Code, a completed form prescribed pursuant	235
to division (C)(1) of this section, and a set of fingerprint	236
impressions obtained in the manner described in division (C)(2) of	237
this section, the superintendent of the bureau of criminal	238
identification and investigation shall conduct a criminal records	239
check in the manner described in division (B) of this section to	240
determine whether any information exists that indicates that the	241
person who is the subject of the request has been convicted of or	242
pleaded guilty to any of the following:	243

(a) A violation of section 2903.01, 2903.02, 2903.03,	244
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	245
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	246
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	247
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	248
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	249
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	250
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	251
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	252
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	253
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	254
3716.11 of the Revised Code, felonious sexual penetration in	255
violation of former section 2907.12 of the Revised Code, a	256
violation of section 2905.04 of the Revised Code as it existed	257
prior to July 1, 1996, a violation of section 2919.23 of the	258
Revised Code that would have been a violation of section 2905.04	259
of the Revised Code as it existed prior to July 1, 1996, had the	260
violation been committed prior to that date, a violation of	261
section 2925.11 of the Revised Code that is not a minor drug	262
possession offense, a violation of section 2923.02 or 2923.03 of	263
the Revised Code that relates to a crime specified in this	264
division, or a second violation of section 4511.19 of the Revised	265
Code within five years of the date of application for licensure or	266
certification.	267

(b) A violation of an existing or former law of this state,	268
any other state, or the United States that is substantially	269
equivalent to any of the offenses or violations described in	270
division (A)(9)(a) of this section.	271

(10) Upon receipt of a request pursuant to section 5153.111	272
of the Revised Code, a completed form prescribed pursuant to	273
division (C)(1) of this section, and a set of fingerprint	274
impressions obtained in the manner described in division (C)(2) of	275
this section, the superintendent of the bureau of criminal	276
identification and investigation shall conduct a criminal records	277
check in the manner described in division (B) of this section to	278
determine whether any information exists that indicates that the	279
person who is the subject of the request previously has been	280
convicted of or pleaded guilty to any of the following:	281

(a) A violation of section 2903.01, 2903.02, 2903.03,	282
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	283
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	284
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	285
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	286
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	287
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	288
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	289
felonious sexual penetration in violation of former section	290
2907.12 of the Revised Code, a violation of section 2905.04 of the	291
Revised Code as it existed prior to July 1, 1996, a violation of	292
section 2919.23 of the Revised Code that would have been a	293
violation of section 2905.04 of the Revised Code as it existed	294
prior to July 1, 1996, had the violation been committed prior to	295
that date, or a violation of section 2925.11 of the Revised Code	296
that is not a minor drug possession offense;	297

(b) A violation of an existing or former law of this state,	298
any other state, or the United States that is substantially	299
equivalent to any of the offenses listed in division (A)(10)(a) of	300
this section.	301

(11) On receipt of a request for a criminal records check	302
from an individual pursuant to section 4749.03 or 4749.06 of the	303
Revised Code, accompanied by a completed copy of the form	304
prescribed in division (C)(1) of this section and a set of	305
fingerprint impressions obtained in a manner described in division	306
(C)(2) of this section, the superintendent of the bureau of	307
criminal identification and investigation shall conduct a criminal	308
records check in the manner described in division (B) of this	309
section to determine whether any information exists indicating	310
that the person who is the subject of the request has been	311
convicted of or pleaded guilty to a felony in this state or in any	312
other state. If the individual indicates that a firearm will be	313
carried in the course of business, the superintendent shall	314
require information from the federal bureau of investigation as	315
described in division (B)(2) of this section. The superintendent	316
shall report the findings of the criminal records check and any	317
information the federal bureau of investigation provides to the	318
director of public safety.	319

(12) On receipt of a request pursuant to section 1321.37,	320
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	321
Code, a completed form prescribed pursuant to division (C)(1) of	322
this section, and a set of fingerprint impressions obtained in the	323
manner described in division (C)(2) of this section, the	324
superintendent of the bureau of criminal identification and	325
investigation shall conduct a criminal records check with respect	326
to any person who has applied for a license, permit, or	327
certification from the department of commerce or a division in the	328
department. The superintendent shall conduct the criminal records	329
check in the manner described in division (B) of this section to	330
determine whether any information exists that indicates that the	331
person who is the subject of the request previously has been	332
convicted of or pleaded guilty to any of the following: a	333
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	334
2925.03 of the Revised Code; any other criminal offense involving	335
theft, receiving stolen property, embezzlement, forgery, fraud,	336
passing bad checks, money laundering, or drug trafficking, or any	337
criminal offense involving money or securities, as set forth in	338
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	339
the Revised Code; or any existing or former law of this state, any	340
other state, or the United States that is substantially equivalent	341
to those offenses.	342

(13) On receipt of a request for a criminal records check	343
from the treasurer of state under section 113.041 of the Revised	344
Code or from an individual under section 4701.08, 4715.101,	345
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	346
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	347
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	348
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	349
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by	350
a completed form prescribed under division (C)(1) of this section	351
and a set of fingerprint impressions obtained in the manner	352
described in division (C)(2) of this section, the superintendent	353
of the bureau of criminal identification and investigation shall	354
conduct a criminal records check in the manner described in	355
division (B) of this section to determine whether any information	356
exists that indicates that the person who is the subject of the	357
request has been convicted of or pleaded guilty to any criminal	358
offense in this state or any other state. The superintendent shall	359
send the results of a check requested under section 113.041 of the	360
Revised Code to the treasurer of state and shall send the results	361
of a check requested under any of the other listed sections to the	362
licensing board specified by the individual in the request.	363

(14) On receipt of a request pursuant to section 1121.23,	364
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	365
Code, a completed form prescribed pursuant to division (C)(1) of	366
this section, and a set of fingerprint impressions obtained in the	367
manner described in division (C)(2) of this section, the	368
superintendent of the bureau of criminal identification and	369
investigation shall conduct a criminal records check in the manner	370
described in division (B) of this section to determine whether any	371
information exists that indicates that the person who is the	372
subject of the request previously has been convicted of or pleaded	373
guilty to any criminal offense under any existing or former law of	374
this state, any other state, or the United States.	375

(15) On receipt of a request for a criminal records check	376
from an appointing or licensing authority under section 3772.07 of	377
the Revised Code, a completed form prescribed under division	378
(C)(1) of this section, and a set of fingerprint impressions	379
obtained in the manner prescribed in division (C)(2) of this	380
section, the superintendent of the bureau of criminal	381
identification and investigation shall conduct a criminal records	382
check in the manner described in division (B) of this section to	383
determine whether any information exists that indicates that the	384
person who is the subject of the request previously has been	385
convicted of or pleaded guilty or no contest to any offense under	386
any existing or former law of this state, any other state, or the	387
United States that is a disqualifying offense as defined in	388
section 3772.07 of the Revised Code or substantially equivalent to	389
such an offense.	390

(16) On receipt of a request for a criminal records check	391
from an agency under section 5903.101 of the Revised Code, a	392
completed form prescribed under division (C)(1) of this section,	393
and a set of fingerprint impressions obtained in the manner	394
prescribed under division (C)(2) of this section, the	395
superintendent of the bureau of criminal identification and	396
investigation shall conduct a criminal records check in the manner	397
described in division (B) of this section to determine whether any	398
information exists that indicates that the individual who is the	399
subject of the request previously has been convicted of or pleaded	400
guilty or no contest to any offense under any existing or former	401
law of this state, any other state, or the United States. The	402
superintendent shall report the findings of the criminal records	403
check and any information the federal bureau of investigation	404
provides to the agency.	405

(17) Not later than thirty days after the date the	406
superintendent receives a request of a type described in division	407
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),	408
(14), or (15), or (16) of this section, the completed form, and	409
the fingerprint impressions, the superintendent shall send the	410
person, board, or entity that made the request any information,	411
other than information the dissemination of which is prohibited by	412
federal law, the superintendent determines exists with respect to	413
the person who is the subject of the request that indicates that	414
the person previously has been convicted of or pleaded guilty to	415
any offense listed or described in division (A)(1), (2), (3), (4),	416
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15), or (16)	417
of this section, as appropriate. The superintendent shall send the	418
person, board, or entity that made the request a copy of the list	419
of offenses specified in division (A)(1), (2), (3), (4), (5), (6),	420
(7), (8), (9), (10), (11), (12), (14), or (15), or (16) of this	421
section, as appropriate. If the request was made under section	422
3701.881 of the Revised Code with regard to an applicant who may	423
be both responsible for the care, custody, or control of a child	424
and involved in providing direct care to an older adult, the	425
superintendent shall provide a list of the offenses specified in	426
divisions (A)(4) and (6) of this section.	427

Not later than thirty days after the superintendent receives	428
a request for a criminal records check pursuant to section 113.041	429
of the Revised Code, the completed form, and the fingerprint	430
impressions, the superintendent shall send the treasurer of state	431
any information, other than information the dissemination of which	432
is prohibited by federal law, the superintendent determines exist	433
with respect to the person who is the subject of the request that	434
indicates that the person previously has been convicted of or	435
pleaded guilty to any criminal offense in this state or any other	436
state.	437

(B) The superintendent shall conduct any criminal records	438
check requested under section 113.041, 121.08, 173.27, 173.394,	439
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,	440
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,	441
3701.881, 3712.09, 3721.121, 3722.151, 3772.07, 4701.08, 4715.101,	442
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	443
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	444
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	445
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	446
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	447
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	448
5126.281, or 5153.111, or 5903.101 of the Revised Code as follows:	449

(1) The superintendent shall review or cause to be reviewed	450
any relevant information gathered and compiled by the bureau under	451
division (A) of section 109.57 of the Revised Code that relates to	452
the person who is the subject of the request, including, if the	453
criminal records check was requested under section 113.041,	454
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	455
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	456
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	457
3722.151, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013,	458
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	459
5153.111, or 5903.101 of the Revised Code, any relevant	460
information contained in records that have been sealed under	461
section 2953.32 of the Revised Code;	462

(2) If the request received by the superintendent asks for	463
information from the federal bureau of investigation, the	464
superintendent shall request from the federal bureau of	465
investigation any information it has with respect to the person	466
who is the subject of the request, including fingerprint-based	467
checks of national crime information databases as described in 42	468
U.S.C. 671 if the request is made pursuant to section 2151.86,	469
5104.012, or 5104.013 of the Revised Code or if any other Revised	470
Code section requires fingerprint-based checks of that nature, and	471
shall review or cause to be reviewed any information the	472
superintendent receives from that bureau. If a request under	473
section 3319.39 of the Revised Code asks only for information from	474
the federal bureau of investigation, the superintendent shall not	475
conduct the review prescribed by division (B)(1) of this section.	476

(3) The superintendent or the superintendent's designee may	477
request criminal history records from other states or the federal	478
government pursuant to the national crime prevention and privacy	479
compact set forth in section 109.571 of the Revised Code.	480

(C)(1) The superintendent shall prescribe a form to obtain	481
the information necessary to conduct a criminal records check from	482
any person for whom a criminal records check is requested under	483
section 113.041 of the Revised Code or required by section 121.08,	484
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,	485
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	486
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 3772.07,	487
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	488
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	489
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	490
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	491
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	492
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	493
5126.281, or 5153.111, or 5903.101 of the Revised Code. The form	494
that the superintendent prescribes pursuant to this division may	495
be in a tangible format, in an electronic format, or in both	496
tangible and electronic formats.	497

(2) The superintendent shall prescribe standard impression	498
sheets to obtain the fingerprint impressions of any person for	499
whom a criminal records check is requested under section 113.041	500
of the Revised Code or required by section 121.08, 173.27,	501
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,	502
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	503
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 3772.07, 4701.08,	504
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	505
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	506
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	507
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	508
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	509
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	510
5126.281, or 5153.111, or 5903.101 of the Revised Code. Any person	511
for whom a records check is requested under or required by any of	512
those sections shall obtain the fingerprint impressions at a	513
county sheriff's office, municipal police department, or any other	514
entity with the ability to make fingerprint impressions on the	515
standard impression sheets prescribed by the superintendent. The	516
office, department, or entity may charge the person a reasonable	517
fee for making the impressions. The standard impression sheets the	518
superintendent prescribes pursuant to this division may be in a	519
tangible format, in an electronic format, or in both tangible and	520
electronic formats.	521

(3) Subject to division (D) of this section, the	522
superintendent shall prescribe and charge a reasonable fee for	523
providing a criminal records check requested under section	524
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	525
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	526
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	527
3722.151, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121,	528
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	529
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	530
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	531
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05,	532
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	533
5123.081, 5126.28, 5126.281, or 5153.111 or 5903.101 of the	534
Revised Code. The person making a criminal records request under	535
any of those sections shall pay the fee prescribed pursuant to	536
this division. A person making a request under section 3701.881 of	537
the Revised Code for a criminal records check for an applicant who	538
may be both responsible for the care, custody, or control of a	539
child and involved in providing direct care to an older adult	540
shall pay one fee for the request. In the case of a request under	541
section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or	542
5111.032 of the Revised Code, the fee shall be paid in the manner	543
specified in that section.	544

(4) The superintendent of the bureau of criminal	545
identification and investigation may prescribe methods of	546
forwarding fingerprint impressions and information necessary to	547
conduct a criminal records check, which methods shall include, but	548
not be limited to, an electronic method.	549

(D) A determination whether any information exists that	550
indicates that a person previously has been convicted of or	551
pleaded guilty to any offense listed or described in division	552
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	553
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	554
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15),	555
or (A)(16) of this section, or that indicates that a person	556
previously has been convicted of or pleaded guilty to any criminal	557
offense in this state or any other state regarding a criminal	558
records check of a type described in division (A)(13) of this	559
section, and that is made by the superintendent with respect to	560
information considered in a criminal records check in accordance	561
with this section is valid for the person who is the subject of	562
the criminal records check for a period of one year from the date	563
upon which the superintendent makes the determination. During the	564
period in which the determination in regard to a person is valid,	565
if another request under this section is made for a criminal	566
records check for that person, the superintendent shall provide	567
the information that is the basis for the superintendent's initial	568
determination at a lower fee than the fee prescribed for the	569
initial criminal records check.	570

(E) As used in this section:

571

(1) "Criminal records check" means any criminal records check	572
conducted by the superintendent of the bureau of criminal	573
identification and investigation in accordance with division (B)	574
of this section.	575

(2) "Minor drug possession offense" has the same meaning as	576
in section 2925.01 of the Revised Code.	577

(3) "Older adult" means a person age sixty or older.

578

(4) "OVI or OVUAC violation" means a violation of section	579
4511.19 of the Revised Code or a violation of an existing or	580
former law of this state, any other state, or the United States	581
that is substantially equivalent to section 4511.19 of the Revised	582
Code.	583

Sec. 124.23.  (A) All applicants for positions and places in	584
the classified service shall be subject to examination, except for	585
applicants for positions as professional or certified service and	586
paraprofessional employees of county boards of developmental	587
disabilities, who shall be hired in the manner provided in section	588
124.241 of the Revised Code.	589

(B) Any examination administered under this section shall be	590
public and be open to all citizens of the United States and those	591
persons who have legally declared their intentions of becoming	592
United States citizens. For examinations administered for	593
positions in the service of the state, the director of	594
administrative services may determine certain limitations as to	595
citizenship, age, experience, education, health, habit, and moral	596
character.	597

(C) Any person who has completed service in the uniformed	598
services,and who has been honorably discharged from the uniformed	599
services or transferred to the reserve with evidence of	600
satisfactory service, and who is a resident of this state and any	601
member of the national guard or a reserve component of the armed	602
forces of the United States who has completed more than one	603
hundred eighty days of active duty service pursuant to an	604
executive order of the president of the United States or an act of	605
the congress of the United States may file with the director a	606
certificate of service or honorable discharge, and, upon this	607
filing, the person shall receive additional credit of twenty per	608
cent of the person's total grade given in the regular examination	609
in which the person receives a passing grade.	610

As used in this division, "service in the uniformed services"	611
and "uniformed services" have the same meanings as in the	612
"Uniformed Services Employment and Reemployment Rights Act of	613
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.	614

(D) An examination may include an evaluation of such factors	615
as education, training, capacity, knowledge, manual dexterity, and	616
physical or psychological fitness. An examination shall consist of	617
one or more tests in any combination. Tests may be written, oral,	618
physical, demonstration of skill, or an evaluation of training and	619
experiences and shall be designed to fairly test the relative	620
capacity of the persons examined to discharge the particular	621
duties of the position for which appointment is sought. Tests may	622
include structured interviews, assessment centers, work	623
simulations, examinations of knowledge, skills, and abilities, and	624
any other acceptable testing methods. If minimum or maximum	625
requirements are established for any examination, they shall be	626
specified in the examination announcement.	627

(E) The director of administrative services shall have	628
control of all examinations administered for positions in the	629
service of the state and all other examinations the director	630
administers as provided in section 124.07 of the Revised Code,	631
except as otherwise provided in sections 124.01 to 124.64 of the	632
Revised Code.	633

(F) No questions in any examination shall relate to political	634
or religious opinions or affiliations. No credit for seniority,	635
efficiency, or any other reason shall be added to an applicant's	636
examination grade unless the applicant achieves at least the	637
minimum passing grade on the examination without counting that	638
extra credit.	639

(G) Except as otherwise provided in sections 124.01 to 124.64	640
of the Revised Code, the director of administrative services shall	641
give reasonable notice of the time, place, and general scope of	642
every competitive examination for appointment that the director	643
administers for positions in the service of the state. The	644
director shall send written, printed, or electronic notices of	645
every examination to be conducted for positions in the classified	646
civil service of the state to each agency of the type the director	647
of job and family services specifies and, in the case of a county	648
in which no such agency is located, to the clerk of the court of	649
common pleas of that county and to the clerk of each city located	650
within that county. Those notices shall be posted in conspicuous	651
public places in the designated agencies or the courthouse, and	652
city hall of the cities, of the counties in which no designated	653
agency is located for at least two weeks preceding any examination	654
involved, and in a conspicuous place in the office of the director	655
of administrative services for at least two weeks preceding any	656
examination involved. In case of examinations limited by the	657
director to a district, county, city, or department, the director	658
shall provide by rule for adequate publicity of an examination in	659
the district, county, city, or department within which competition	660
is permitted.	661

Sec. 5903.10. Any(A) A holder of an expired license or	662
certificate from this state or any political subdivision or agency	663
of the state to practice a trade or profession, whose license or	664
certificate was not renewed because of the holder's service in the	665
armed forces of the United States, or in the national guard or in	666
a reserve component, shall, upon presentation of satisfactory	667
evidence of honorable discharge or separation under honorable	668
conditions therefrom within six months of such discharge or	669
separation, be granted a renewal of saidthe license or	670
certificate by the issuing board or authorityagency at the usual	671
cost without penalty and without re-examination, if not otherwise	672
disqualified because of mental or physical disability, and if	673
either:	674

(1) The license or certificate was not renewed because of the	675
holder's service in the armed forces of the United States, or in	676
the national guard or in a reserve component; or	677

(2) The license or certificate was not renewed because the	678
holder's spouse served in the armed forces of the United States,	679
or in the national guard or in a reserve component, and this	680
service resulted in the holder's absence from this state.	681

(B) A renewal shall not be granted under division (A) of this	682
section unless the holder or the holder's spouse, as the case may	683
be, has either presented satisfactory evidence of the service	684
member's honorable discharge, or general discharge under honorable	685
conditions, within six months after the discharge or reassignment.	686

Sec. 5903.101. An agency of this state or of any political	687
subdivision of this state that issues a license or certificate to	688
practice a trade or profession may issue a temporary license or	689
certificate to practice to an individual whose spouse is on active	690
duty in this state if all of the following conditions are met:	691

(A) The individual holds a valid license or certificate for	692
the trade or profession issued by another state or by any foreign	693
jurisdiction;	694

(B) The individual's spouse is assigned to a duty station in	695
this state; and	696

(C) The individual is accompanying the individual's spouse to	697
the duty station in this state.	698

The agency shall obtain a criminal records check of an	699
individual who applies for a temporary license or certificate. The	700
agency shall provide to the individual a copy of the form and the	701
standard fingerprint impression sheet prescribed under divisions	702
(C)(1) and (2) of section 109.572 of the Revised Code. The	703
individual shall complete the form and impression sheet and return	704
it to the agency. If the individual fails to complete and return	705
the form and impression sheet within a reasonable time, the	706
individual is ineligible to receive a temporary license or	707
certificate.	708

The agency shall forward the completed form and impression	709
sheet to the superintendent of the bureau of criminal	710
identification and investigation. The agency shall request the	711
superintendent also to obtain information from the federal bureau	712
of investigation, including fingerprint-based checks of the	713
national crime information databases, and from other states and	714
the federal government under the national crime prevention and	715
privacy compact as part of the criminal records check.	716

The agency shall pay the fee the bureau of criminal	717
identification and investigation charges for a criminal records	718
check. The individual shall reimburse the agency for the amount of	719
the fee paid on the individual's behalf. If the individual fails	720
to reimburse the agency for the amount of the fee, the individual	721
is ineligible to receive a temporary license or certificate.	722

The agency shall review the results of a criminal records	723
check.	724

The report of a criminal records check is not a public record	725
that is open to public inspection and copying. The agency shall	726
not make the report available to any person except the individual	727
who was the subject of the criminal records check or any court or	728
agency, including a hearing examiner, in a judicial or	729
administrative proceeding relating to the individual's licensure	730
or certification.	731

A temporary license or certificate expires six months after	732
the date it was issued and is not renewable.	733

Application for or receipt of a temporary license or	734
certificate under this section does not preclude an individual	735
from acquiring a regular license or certificate by means of the	736
standard process for doing so.	737

Sec. 5903.102. (A) Except as provided in division (B) of this	738
section, an agency of this state or of any political subdivision	739
of this state, or a private state contractor, authorized by the	740
Revised Code to grant a licensure or certification shall, upon	741
presentation of satisfactory evidence, consider relevant	742
education, training, or service completed by an individual as a	743
member of the armed forces of the United States or reserve	744
components thereof, the national guard of any state, the military	745
reserve of any state, or the naval militia of any state toward the	746
qualifications required to receive the licensure or certification.	747

(B)(1) If an individual is required to successfully complete	748
specific training or education authorized by a state or nationally	749
accredited entity as a prerequisite for obtaining a state license	750
or certification and the state or nationally accredited entity	751
accepts relevant military education, service, or training to	752
fulfill part or all of those requirements, the agency or private	753
state contractor has met the duty specified in division (A) of	754
this section upon receiving proof by the individual of completion	755
of the specific training or education authorized by a state or	756
nationally accredited entity.	757

(2) An education program approved by an agency or private	758
state contractor may grant advanced standing to an individual who	759
served as a member of the armed forces of the United States or	760
reserve components thereof, the national guard of any state, the	761
military reserve of any state, or the naval militia of any state	762
for the individual's prior relevant military experience and	763
coursework, in accordance with specific written policies and	764
procedures of the education program and in accordance with rules	765
promulgated by the appropriate governmental unit or contractor	766
that permit granting advanced standing in those education	767
programs. If applicable, such advanced standing shall be applied	768
to the individual's status toward completion of an education	769
program if the individual satisfies all of the program	770
requirements adopted under the appropriate governmental unit's or	771
contractor's rules.	772

(C) If, within six months before or after discharge, an	773
individual otherwise qualified to receive a licensure or	774
certification presents satisfactory evidence of honorable	775
discharge or general discharge under honorable conditions, the	776
agency or private state contractor, issuing the licensure or	777
certification shall waive any licensure or certification fee.	778

Section 2. That existing sections 109.572, 124.23, and	779
5903.10 of the Revised Code are hereby repealed.	780

Section 3.  Section 124.23 of the Revised Code is presented	781
in this act as a composite of the section as amended by both Am.	782
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. The	783
General Assembly, applying the principle stated in division (B) of	784
section 1.52 of the Revised Code that amendments are to be	785
harmonized if reasonably capable of simultaneous operation, finds	786
that the composite is the resulting version of the section in	787
effect prior to the effective date of the section as presented in	788
this act.	789