[Ohio-Talk] HB 225

[Richard Payne]

Ohio,

HB 225 has been introduced you should prepare your testimony now Suzanne and
I will be reaching out again with updates.
As Introduced
136th General Assembly
Regular Session. B. No. 225
2025-2026
Representatives Jarrells, Young
Cosponsors: Representatives Abdullahi, Brennan, Brewer, Denson, Grim,
Isaacsohn, Lett, McNally, Mohamed, Piccolantonio, Russo, Thomas, C., Troy,
Upchurch,
Lorenz, Johnson, Barhorst, Ritter, Jones
A BILL
To amend sections 4111.06, 4111.14, 5122.28, 5123.022, 5123.023, 5123.87,
5747.98, and 5751.98 and to enact sections 3304.45, 4111.061, 5747.87, and
5751.56
of the Revised Code to phase out the subminimum wage for individuals with
physical or mental disabilities, to authorize a tax credit for purchases
made
from nonprofit corporations that hire such individuals, and to name this act
the Ohio Employment First and Greater Opportunities for Persons with
Disabilities
Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4111.06, 4111.14, 5122.28, 5123.022, 5123.023,
5123.87, 5747.98, and 5751.98 be amended and sections 3304.45, 4111.061,
5747.87,
and 5751.56 of the Revised Code be enacted to read as follows:
Sec. 3304.45. (A) As used in this section: 
(1) "Qualified vendor" means a nonprofit corporation that is certified under
division (D) of this section as meeting all of the following requirements:
(a) The nonprofit corporation is exempt from federal income taxation
pursuant to section 501(a) as an organization described in section 501(c)(3)
of the
Internal Revenue Code.
(b) At least twenty per cent of the individuals employed by the nonprofit
corporation are individuals with disabilities, and those individuals are
employed
in an integrated setting, as defined in section 5123.022 of the Revised
Code.
(c) One or more of the following applies:
(i) The nonprofit corporation offers to contribute at least seventy-five per
cent of the premium cost for individual health insurance coverage for each
eligible employee.
(ii) The nonprofit corporation offers an eligible employer-sponsored
insurance plan under the Affordable Care Act for each eligible employee.
(iii) The nonprofit corporation does not offer an employer-sponsored
insurance plan, but pays the penalty required by 26 U.S.C. 4980H for each
eligible
employee who purchases health insurance through an exchange, as defined in
section 3905.01 of the Revised Code.
(iv) The nonprofit corporation is not subject to the employer mandate under
26 U.S.C. 4980H, but offers assistance to eligible employees to cover at
least
seventy-five per cent of the employees' health insurance costs through a
health savings account or other similar method.
(d) The nonprofit corporation does not employ individuals under a
certificate issued by the United States secretary of labor under 29 U.S.C.
214(c). 
(2) "Individuals with disabilities" means individuals having a physical or
mental impairment that constitutes a substantial impediment to employment,
as
certified by a health care provider who is qualified to make such a
determination or by a state or federal agency having the function of making
such a
determination.
(3) "Physical or mental impairment" and "substantial impediment to
employment" have the same meanings as in section 3304.11 of the Revised
Code.
(4) "Affordable Care Act" means the "Patient Protection and Affordable Care
Act," 42 U.S.C. 18031 (2011).
(5) "Internal Revenue Code" has the same meaning as in section 5747.01 of
the Revised Code.
(6) "Eligible employer-sponsored health plan" has the same meaning as in
section 5166.40 of the Revised Code.
(7) "Eligible employee" has the same meaning as in section 3924.01 of the
Revised Code.
(8) "Price" has the same meaning as in section 5739.01 of the Revised Code.
(B) A person may apply to the executive director of the opportunities for
Ohioans with disabilities agency for a nonrefundable credit against the tax
levied
under section 5747.02 or 5751.02 of the Revised Code for purchases made by
the person from a qualified vendor.
A person may submit an application after the first day and before the
twenty-first day of January of the year following the year in which the
purchases
are made. The executive director shall prescribe the form and manner of
filing such applications. In the application, the person shall specify the
tax
against which the person proposes to claim the credit. 
The executive director shall review applications in the order in which they
are received. Subject to the limits described in division (C) of this
section,
the executive director shall issue a tax credit certificate authorizing the
applicant to claim a credit if the executive director determines that the
applicant
made one or more purchases from a qualified vendor. The certificate shall
include a unique identifying number and state the amount of credit for which
the executive director determines the applicant is eligible and the tax
against which the person may claim the credit.
Subject to division (C) of this section, the amount of the credit shall
equal fifteen per cent of the price of purchases made by the applicant from
the
qualified vendor.
(C) The executive director of the opportunities for Ohioans with
disabilities agency shall not issue tax credit certificates that would
authorize more
than eight million dollars of tax credits to be claimed in any calendar year
and shall not issue a certificate authorizing more than five hundred
thousand
dollars of tax credits to be claimed in any calendar year on the basis of
purchases from the same qualified vendor.
(D) The executive director of the opportunities for Ohioans with
disabilities agency shall certify nonprofit corporations as qualified
vendors. An entity
may apply to the executive director for certification, and the executive
director shall provide the certification if the executive director
determines
that the nonprofit corporation meets all of the requirements described in
divisions (A)(1)(a) to (d) of this section. A nonprofit corporation shall
notify
the executive director if the nonprofit corporation no longer meets all of
those requirements. The executive director shall revoke a certification upon
receiving such notice or if the executive director otherwise determines that
a nonprofit corporation no longer meets those requirements.
(E) The executive director of the opportunities for Ohioans with
disabilities agency shall annually submit to the general assembly a report
in accordance
with division (B) of section 101.68 of the Revised Code that includes the
number of tax credit certificates issued in the preceding year, the amount
of
credits awarded with respect to those certificates, and any other
information the executive director considers relevant for the review of the
effectiveness
of the credit authorized under this section.
Sec. 4111.06. (A) As used in this section and section 4111.061 of the
Revised Code, "employer" and "employee" have the same meanings as in section
4111.02
of the Revised Code.
(B) In order to prevent curtailment of opportunities for employment, to
avoid undue hardship, and to safeguard the minimum wage rates under sections
4111.01
to 4111.17 of the Revised Code, the director of commerce, subject to
divisions (C) to (E) of this section, shall adopt rules under section
4111.05 of the
Revised Code, permitting employment in any occupation at wages lower than
the wage rates applicable under sections 4111.01 to 4111.17 of the Revised
Code,
of individuals whose earning capacity is impaired by physical or mental
disabilities or injuries. The Except as provided in divisions (C) to (E) of
this
section, the rules shall provide for licenses to be issued authorizing
employment at the wages of specific individuals or groups of employees, or
by specific
employers or groups of employers, pursuant to the rules. The rules shall not
conflict with the "Americans with Disabilities Act of 1990," 104 Stat. 328,
42 U.S.C.A. 12111, et seq.
(C) Beginning ninety days after the effective date of this amendment, the
director shall not issue any new, or renew any existing, licenses
authorizing
employment at wages lower than the wage rates applicable under sections
4111.01 to 4111.17 of the Revised Code.
(D)(1) Except as provided in division (D)(2) of this section, beginning
ninety days after the effective date of this amendment, no employer shall
pay an
employee whose earning capacity is impaired by a physical or mental
disability or injury at wages lower than the wage rates applicable under
sections 4111.01
to 4111.17 of the Revised Code.
(2) For the time period ending on the date that is five years after the
effective date of this amendment, an employer may pay an employee whose
earning
capacity is impaired by a physical or mental disability or injury at wages
lower than the wage rates applicable under sections 4111.01 to 4111.17 of
the
Revised Code if both of the following apply:
(a) The employer employs that employee on and after the date that is ninety
days after the effective date of this amendment.
(b) The employer, on the date that is ninety days after the effective date
of this amendment, holds an unexpired license issued in accordance with
division
(B) of this section.
(3) For purposes of division (D)(2) of this section, an unexpired license
held by an employer as described in division (D)(2)(b) of this section is
valid
for the time period ending on the date that is five years after the
effective date of this amendment.
(E) Beginning on and after the date that is five years after the effective
date of this amendment, no employer shall pay any employee whose earning
capacity
is impaired by a physical or mental disability or injury at a wage lower
than the wage rates applicable under sections 4111.01 to 4111.17 of the
Revised
Code.
Sec. 4111.061. (A) As used in this section: 
(1) "Competitive employment" has the same meaning as in section 5123.022 of
the Revised Code. 
(2) "Department" has the same meaning as in section 121.01 of the Revised
Code, except that it also includes the bureau of workers' compensation,
department
of higher education, department of taxation, and public utilities commission
of Ohio.
(3) "Disability" means, with respect to an individual, a physical or mental
impairment that substantially limits one or more of major life activities,
a record of a physical or mental impairment, being regarded as having a
physical or mental impairment, or any condition that would be considered a
disability
under the "Americans with Disabilities Act of 1990," 42 U.S.C. 12101, et
seq.
(4) "Federal certificate" means a special certificate issued in accordance
with section 14(c) of the "Fair Labor Standards Act," 29 U.S.C. 214(c).
(5) "State license" means a license issued pursuant to division (B) of
section 4111.06 of the Revised Code or division (C) of section 4111.14 of
the Revised
Code, as that division existed before the effective date of this section.
(6) "Subminimum wage" means a wage paid to an employee with a disability
that is lower than the wage rates applicable under sections 4111.01 to
4111.17
of the Revised Code. 
(B) Not later than fifteen months after the effective date of this section,
each employer that holds a state license or federal certificate shall submit
to the director of developmental disabilities a transition plan that
addresses how the employer intends to do both of the following:
(1) Phase out subminimum wages not later than the date that is five years
after the effective date of this section; 
(2) Support individuals with disabilities in pursuing competitive,
integrated employment.
(C) The director of developmental disabilities, in consultation with the
executive director of the opportunities for Ohioans with disabilities
agency,
shall assist employers with phasing out subminimum wages not later than the
date that is five years after the effective date of this section and shall
do all of the following:
(1) Identify and develop protections to ensure competitive, integrated
employment for employees with disabilities while phasing out subminimum
wages;
(2) Identify and collaborate with employees, employers, organizations,
agencies, and stakeholders impacted by the phase out of subminimum wages to
assist
them with implementing the transition plans submitted under division (B) of
this section and creating sustainable, competitive employment;
(3) Collect data on employers that hold state licenses or federal
certificates until the date that is five years after the effective date of
this section;
(4) Propose a plan to establish and evaluate benchmarks for measuring
progress with respect to implementing the transition plans each year until
subminimum
wages are eliminated beginning on the date that is five years after the
effective date of this section;
(5) Propose a plan to monitor and track the outcomes of employees with
disabilities;
(6) Identify initiatives, investments, training, and services designed to
improve wages, reduce unemployment rates, and provide support and
sustainable
work opportunities for individuals with disabilities;
(7) Identify and make recommendations for sustainable support, funding, and
resources to assist individuals with disabilities with respect to phasing
out
subminimum wages, such as financing for the cost to implement and provide
employment services, training, and support;
(8) Ensure that the transition plans protect the rights of individuals with
disabilities and complies with the "Americans with Disabilities Act of
1990,"
42 U.S.C. 12111, et seq. and Chapter 4112. of the Revised Code.
(D) Not later than the first day of January that first occurs following the
effective date of this section, and not later than the first day of January
of each year thereafter until the date that is five years after the
effective date of this section, the director of developmental disabilities
shall submit
to the governor and the general assembly a report that includes the
information described in division (C) of this section. 
(E) The director of developmental disabilities, in consultation with the
executive director of the opportunities for Ohioans with disabilities
agency,
shall solicit assistance from all of the following in carrying out the
director's duties under this section:
(1) The employment first task force established under section 5123.023 of
the Revised Code;
(2) Stakeholders who have expertise regarding the employment of individuals
with disabilities, at least twenty per cent of whom are individuals with
disabilities;
(3) Family members of individuals with disabilities;
(4) Organizations that advocate on behalf of individuals with disabilities;
(5) Providers of services to individuals with disabilities;
(6) Local governments;
(7) Business associations.
(F) Each department that employs or provides employment services to
individuals with disabilities shall do both of the following:
(1) Coordinate and collaborate with other departments to ensure that state
programs, policies, procedures, and funding contribute toward the
competitive,
integrated employment of individuals with disabilities;
(2) Share nonconfidential data and other information with other departments
to track progress with respect to phasing out subminimum wages not later
than
the date that is five years after the effective date of this section.
Sec. 4111.14. (A) Pursuant to the general assembly's authority to establish
a minimum wage under Section 34 of Article II, Ohio Constitution, this
section
is in implementation of Section 34a of Article II, Ohio Constitution. In
implementing Section 34a of Article II, Ohio Constitution, the general
assembly
hereby finds that the purpose of Section 34a of Article II, Ohio
Constitution, is to:
(1) Ensure that Ohio employees, as defined in division (B)(1) of this
section, are paid the wage rate required by Section 34a of Article II, Ohio
Constitution;
(2) Ensure that covered Ohio employers maintain certain records that are
directly related to the enforcement of the wage rate requirements in Section
34a
of Article II, Ohio Constitution;
(3) Ensure that Ohio employees who are paid the wage rate required by
Section 34a of Article II, Ohio Constitution, may enforce their right to
receive
that wage rate in the manner set forth in Section 34a of Article II, Ohio
Constitution; and
(4) Protect the privacy of Ohio employees' pay and personal information
specified in Section 34a of Article II, Ohio Constitution, by restricting an
employee's
access, and access by a person acting on behalf of that employee, to the
employee's own pay and personal information.
(B) In accordance with Section 34a of Article II, Ohio Constitution, the
terms "employer," "employee," "employ," "person," and "independent
contractor"
have the same meanings as in the "Fair Labor Standards Act of 1938," 52
Stat. 1060, 29 U.S.C. 203, as amended. In construing the meaning of these
terms,
due consideration and great weight shall be given to the United States
department of labor's and federal courts' interpretations of those terms
under the
Fair Labor Standards Act and its regulations. As used in division (B) of
this section:
(1) "Employee" means individuals employed in Ohio, but does not mean
individuals who are excluded from the definition of "employee" under 29
U.S.C. 203(e)
or individuals who are exempted from the minimum wage requirements in 29
U.S.C. 213 and from the definition of "employee" in this chapter.
(2) "Employ" and "employee" do not include any person acting as a volunteer.
In construing who is a volunteer, "volunteer" shall have the same meaning
as in sections 553.101 to 553.106 of Title 29 of the Code of Federal
Regulations, as amended, and due consideration and great weight shall be
given to
the United States department of labor's and federal courts' interpretations
of the term "volunteer" under the Fair Labor Standards Act and its
regulations.
(3) "Employer" does not include a franchisor with respect to the
franchisor's relationship with a franchisee or an employee of a franchisee,
unless the
franchisor agrees to assume that role in writing or a court of competent
jurisdiction determines that the franchisor exercises a type or degree of
control
over the franchisee or the franchisee's employees that is not customarily
exercised by a franchisor for the purpose of protecting the franchisor's
trademark,
brand, or both. For purposes of this division, "franchisor" and "franchisee"
have the same meanings as in 16 C.F.R. 436.1.
(4) Subject to division (B)(5) of this section, "employee" does not include
an individual who operates a vehicle or vessel in the performance of
services
for or on behalf of a motor carrier transporting property and to whom all of
the following factors apply:
(a) The individual owns the vehicle or vessel that is used in performing the
services for or on behalf of the carrier, or the individual leases the
vehicle
or vessel under a bona fide lease agreement that is not a temporary
replacement lease agreement. For purposes of this division, a bona fide
lease agreement
does not include an agreement between the individual and the motor carrier
transporting property for which, or on whose behalf, the individual provides
services.
(b) The individual is responsible for supplying the necessary personal
services to operate the vehicle or vessel used to provide the service.
(c) The compensation paid to the individual is based on factors related to
work performed, including on a mileage-based rate or a percentage of any
schedule
of rates, and not solely on the basis of the hours or time expended.
(d) The individual substantially controls the means and manner of performing
the services, in conformance with regulatory requirements and specifications
of the shipper.
(e) The individual enters into a written contract with the carrier for whom
the individual is performing the services that describes the relationship
between
the individual and the carrier to be that of an independent contractor and
not that of an employee.
(f) The individual is responsible for substantially all of the principal
operating costs of the vehicle or vessel and equipment used to provide the
services,
including maintenance, fuel, repairs, supplies, vehicle or vessel insurance,
and personal expenses, except that the individual may be paid by the carrier
the carrier's fuel surcharge and incidental costs, including tolls, permits,
and lumper fees.
(g) The individual is responsible for any economic loss or economic gain
from the arrangement with the carrier.
(5) A motor carrier may elect to consider an individual described in
division (B)(4) of this section as an employee for purposes of this section.
(6) "Motor carrier" has the same meaning as in section 4923.01 of the
Revised Code.
(C) In accordance with Section 34a of Article II, Ohio Constitution, the
state may issue licenses to employers authorizing payment of a wage below
that
required by Section 34a of Article II, Ohio Constitution, to individuals
with mental or physical disabilities that may otherwise adversely affect
their
opportunity for employment. In issuing such licenses, the state shall abide
by the rules adopted pursuant to section 4111.06 of the Revised Code.
(D)(1) (C)(1) In accordance with Section 34a of Article II, Ohio
Constitution, individuals employed in or about the property of an employer
or an individual's
residence on a casual basis are not included within the coverage of Section
34a of Article II, Ohio Constitution. As used in division (D) (C) of this
section:
(a) "Casual basis" means employment that is irregular or intermittent and
that is not performed by an individual whose vocation is to be employed in
or
about the property of the employer or individual's residence. In construing
who is employed on a "casual basis," due consideration and great weight
shall
be given to the United States department of labor's and federal courts'
interpretations of the term "casual basis" under the Fair Labor Standards
Act and
its regulations.
(b) "An individual employed in or about the property of an employer or
individual's residence" means an individual employed on a casual basis or an
individual
employed in or about a residence on a casual basis, respectively.
(2) In accordance with Section 34a of Article II, Ohio Constitution,
employees of a solely family-owned and operated business who are family
members of
an owner are not included within the coverage of Section 34a of Article II,
Ohio Constitution. As used in division (D)(2) (C)(2) of this section,
"family
member" means a parent, spouse, child, stepchild, sibling, grandparent,
grandchild, or other member of an owner's immediate family.
(E) (D) In accordance with Section 34a of Article II, Ohio Constitution, an
employer shall at the time of hire provide an employee with the employer's
name, address, telephone number, and other contact information and update
such information when it changes. As used in division (E) (D) of this
section:
(1) "Other contact information" may include, where applicable, the address
of the employer's internet site on the world wide web, the employer's
electronic
mail address, fax number, or the name, address, and telephone number of the
employer's statutory agent. "Other contact information" does not include the
name, address, telephone number, fax number, internet site address, or
electronic mail address of any employee, shareholder, officer, director,
supervisor,
manager, or other individual employed by or associated with an employer.
(2) "When it changes" means that the employer shall provide its employees
with the change in its name, address, telephone number, or other contact
information
within sixty business days after the change occurs. The employer shall
provide the changed information by using any of its usual methods of
communicating
with its employees, including, but not limited to, listing the change on the
employer's internet site on the world wide web, internal computer network,
or a bulletin board where it commonly posts employee communications or by
insertion or inclusion with employees' paychecks or pay stubs.
(F) (E) In accordance with Section 34a of Article II, Ohio Constitution, an
employer shall maintain a record of the name, address, occupation, pay rate,
hours worked for each day worked, and each amount paid an employee for a
period of not less than three years following the last date the employee was
employed
by that employer. As used in division (F) (E) of this section:
(1) "Address" means an employee's home address as maintained in the
employer's personnel file or personnel database for that employee.
(2)(a) With respect to employees who are not exempt from the overtime pay
requirements of the Fair Labor Standards Act or this chapter, "pay rate"
means
an employee's base rate of pay.
(b) With respect to employees who are exempt from the overtime pay
requirements of the Fair Labor Standards Act or this chapter, "pay rate"
means an employee's
annual base salary or other rate of pay by which the particular employee
qualifies for that exemption under the Fair Labor Standards Act or this
chapter,
but does not include bonuses, stock options, incentives, deferred
compensation, or any other similar form of compensation.
(3) "Record" means the name, address, occupation, pay rate, hours worked for
each day worked, and each amount paid an employee in one or more documents,
databases, or other paper or electronic forms of record-keeping maintained
by an employer. No one particular method or form of maintaining such a
record
or records is required under this division. An employer is not required to
create or maintain a single record containing only the employee's name,
address,
occupation, pay rate, hours worked for each day worked, and each amount paid
an employee. An employer shall maintain a record or records from which the
employee or person acting on behalf of that employee could reasonably review
the information requested by the employee or person.
An employer is not required to maintain the records specified in division
(F)(3) (E)(3) of this section for any period before January 1, 2007. On and
after
January 1, 2007, the employer shall maintain the records required by
division (F)(3) (E)(3) of this section for three years from the date the
hours were
worked by the employee and for three years after the date the employee's
employment ends.
(4)(a) Except for individuals specified in division (F)(4)(b) (E)(4)(b) of
this section, "hours worked for each day worked" means the total amount of
time
worked by an employee in whatever increments the employer uses for its
payroll purposes during a day worked by the employee. An employer is not
required
to keep a record of the time of day an employee begins and ends work on any
given day. As used in division (F)(4) (E)(4) of this section, "day" means a
fixed period of twenty-four consecutive hours during which an employee
performs work for an employer.
(b) An employer is not required to keep records of "hours worked for each
day worked" for individuals for whom the employer is not required to keep
those
records under the Fair Labor Standards Act and its regulations or
individuals who are not subject to the overtime pay requirements specified
in section
4111.03 of the Revised Code.
(5) "Each amount paid an employee" means the total gross wages paid to an
employee for each pay period. As used in division (F)(5) (E)(5) of this
section,
"pay period" means the period of time designated by an employer to pay an
employee the employee's gross wages in accordance with the employer's
payroll
practices under section 4113.15 of the Revised Code.
(G) (F) In accordance with Section 34a of Article II, Ohio Constitution, an
employer must provide such information without charge to an employee or
person
acting on behalf of an employee upon request. As used in division (G) (F) of
this section:
(1) "Such information" means the name, address, occupation, pay rate, hours
worked for each day worked, and each amount paid for the specific employee
who has requested that specific employee's own information and does not
include the name, address, occupation, pay rate, hours worked for each day
worked,
or each amount paid of any other employee of the employer. "Such
information" does not include hours worked for each day worked by
individuals for whom
an employer is not required to keep that information under the Fair Labor
Standards Act and its regulations or individuals who are not subject to the
overtime
pay requirements specified in section 4111.03 of the Revised Code.
(2) "Acting on behalf of an employee" means a person acting on behalf of an
employee as any of the following:
(a) The certified or legally recognized collective bargaining representative
for that employee under the applicable federal law or Chapter 4117. of the
Revised Code;
(b) The employee's attorney;
(c) The employee's parent, guardian, or legal custodian.
A person "acting on behalf of an employee" must be specifically authorized
by an employee in order to make a request for that employee's own name,
address,
occupation, pay rate, hours worked for each day worked, and each amount paid
to that employee.
(3) "Provide" means that an employer shall provide the requested information
within thirty business days after the date the employer receives the
request,
unless either of the following occurs:
(a) The employer and the employee or person acting on behalf of the employee
agree to some alternative time period for providing the information.
(b) The thirty-day period would cause a hardship on the employer under the
circumstances, in which case the employer must provide the requested
information
as soon as practicable.
(4) A "request" made by an employee or a person acting on behalf of an
employee means a request by an employee or a person acting on behalf of an
employee
for the employee's own information. The employer may require that the
employee provide the employer with a written request that has been signed by
the
employee and notarized and that reasonably specifies the particular
information being requested. The employer may require that the person acting
on behalf
of an employee provide the employer with a written request that has been
signed by the employee whose information is being requested and notarized
and
that reasonably specifies the particular information being requested.
(H) (G) In accordance with Section 34a of Article II, Ohio Constitution, an
employee, person acting on behalf of one or more employees, and any other
interested
party may file a complaint with the state for a violation of any provision
of Section 34a of Article II, Ohio Constitution, or any law or regulation
implementing
its provisions. Such complaint shall be promptly investigated and resolved
by the state. The employee's name shall be kept confidential unless
disclosure
is necessary to resolution of a complaint and the employee consents to
disclosure. As used in division (H) (G) of this section:
(1) "Complaint" means a complaint of an alleged violation pertaining to harm
suffered by the employee filing the complaint, by a person acting on behalf
of one or more employees, or by an interested party.
(2) "Acting on behalf of one or more employees" has the same meaning as
"acting on behalf of an employee" in division (G)(2) (F)(2) of this section.
Each
employee must provide a separate written and notarized authorization before
the person acting on that employee's or those employees' behalf may request
the name, address, occupation, pay rate, hours worked for each day worked,
and each amount paid for the particular employee.
(3) "Interested party" means a party who alleges to be injured by the
alleged violation and who has standing to file a complaint under common law
principles
of standing.
(4) "Resolved by the state" means that the complaint has been resolved to
the satisfaction of the state.
(5) "Shall be kept confidential" means that the state shall keep the name of
the employee confidential as required by division (H) (G) of this section.
(I) (H) In accordance with Section 34a of Article II, Ohio Constitution, the
state may on its own initiative investigate an employer's compliance with
Section 34a of Article II, Ohio Constitution, and any law or regulation
implementing Section 34a of Article II, Ohio Constitution. The employer
shall make
available to the state any records related to such investigation and other
information required for enforcement of Section 34a of Article II, Ohio
Constitution
or any law or regulation implementing Section 34a of Article II, Ohio
Constitution. The state shall investigate an employer's compliance with this
section
in accordance with the procedures described in section 4111.04 of the
Revised Code. All records and information related to investigations by the
state
are confidential and are not a public record subject to section 149.43 of
the Revised Code. This division does not prevent the state from releasing to
or exchanging with other state and federal wage and hour regulatory
authorities information related to investigations.
(J) (I) In accordance with Section 34a of Article II, Ohio Constitution,
damages shall be calculated as an additional two times the amount of the
back
wages and in the case of a violation of an anti-retaliation provision an
amount set by the state or court sufficient to compensate the employee and
deter
future violations, but not less than one hundred fifty dollars for each day
that the violation continued. The "not less than one hundred fifty dollar"
penalty specified in division (J) (I) of this section shall be imposed only
for violations of the anti-retaliation provision in Section 34a of Article
II, Ohio Constitution.
(K) (J) In accordance with Section 34a of Article II, Ohio Constitution, an
action for equitable and monetary relief may be brought against an employer
by the attorney general and/or an employee or person acting on behalf of an
employee or all similarly situated employees in any court of competent
jurisdiction,
including the court of common pleas of an employee's county of residence,
for any violation of Section 34a of Article II, Ohio Constitution, or any
law
or regulation implementing its provisions within three years of the
violation or of when the violation ceased if it was of a continuing nature,
or within
one year after notification to the employee of final disposition by the
state of a complaint for the same violation, whichever is later.
(1) As used in division (K) (J) of this section, "notification" means the
date on which the notice was sent to the employee by the state.
(2) No employee shall join as a party plaintiff in any civil action that is
brought under division (K) (J) of this section by an employee, person acting
on behalf of an employee, or person acting on behalf of all similarly
situated employees unless that employee first gives written consent to
become such
a party plaintiff and that consent is filed with the court in which the
action is brought.
(3) A civil action regarding an alleged violation of this section shall be
maintained only under division (K) (J) of this section. This division does
not
preclude the joinder in a single civil action of an action under this
division and an action under section 4111.10 of the Revised Code.
(4) Any agreement between an employee and employer to work for less than the
wage rate specified in Section 34a of Article II, Ohio Constitution, is no
defense to an action under this section.
(L) (K) In accordance with Section 34a of Article II, Ohio Constitution,
there shall be no exhaustion requirement, no procedural, pleading, or burden
of
proof requirements beyond those that apply generally to civil suits in order
to maintain such action and no liability for costs or attorney's fees on an
employee except upon a finding that such action was frivolous in accordance
with the same standards that apply generally in civil suits. Nothing in
division
(L) (K) of this section affects the right of an employer and employee to
agree to submit a dispute under this section to alternative dispute
resolution,
including, but not limited to, arbitration, in lieu of maintaining the civil
suit specified in division (K) (J) of this section. Nothing in this division
limits the state's ability to investigate or enforce this section.
(M) (L) An employer who provides such information specified in Section 34a
of Article II, Ohio Constitution, shall be immune from any civil liability
for
injury, death, or loss to person or property that otherwise might be
incurred or imposed as a result of providing that information to an employee
or person
acting on behalf of an employee in response to a request by the employee or
person, and the employer shall not be subject to the provisions of Chapters
1347. and 1349. of the Revised Code to the extent that such provisions would
otherwise apply. As used in division (M) (L) of this section, "such
information,"
"acting on behalf of an employee," and "request" have the same meanings as
in division (G) (F) of this section.
(N) (M) As used in this section, "the state" means the director of commerce.
Sec. 5122.28. No patient of a hospital for persons with mental illnesses
shall be compelled to perform labor which involves the operation, support,
or
maintenance of the hospital or for which the hospital is under contract with
an outside organization. Privileges or release from the hospital shall not
be conditional upon the performance of such labor. Patients who volunteer to
perform such labor shall be compensated at a rate derived from the value of
work performed, having reference to the prevailing wage rate for comparable
work or wage rates established under section 4111.06 of the Revised Code.
A patient may be required to perform therapeutic tasks which do not involve
the operation, support, or maintenance of the hospital if those tasks are an
integrated part of the patient's treatment plan and supervised by a person
qualified to oversee the therapeutic aspects of the activity.
A patient may be required to perform tasks of a personal housekeeping
nature.
Sec. 5123.022. (A) As used in this section and in section 5123.023 of the
Revised Code: 
(1) "Community employment" means competitive employment that takes place in
an integrated setting. 
(2) "Competitive employment" means full-time or part-time work in the
competitive labor market in which payment is at or above the minimum wage
but not
less than the customary wage and level of benefits paid by the employer for
the same or similar work performed by persons who are not disabled. 
(3) "Integrated setting" means a setting typically found in the community
where individuals with developmental disabilities interact with individuals
who
do not have disabilities to the same extent that individuals in comparable
positions who are not disabled interact with other individuals, including in
employment settings in which employees interact with the community through
technology. 
(B) It is hereby declared to be the policy of this state that employment
services for individuals with developmental disabilities be directed at
community
employment. Every individual with a developmental disability is presumed
capable of community employment. 
The departments of developmental disabilities, education and workforce,
medicaid, job and family services, and mental health and addiction services;
the
opportunities for Ohioans with disabilities agency; and each other state
agency that provides employment services to individuals with developmental
disabilities
shall implement the policy of this state and ensure that it is followed
whenever employment services are provided to individuals with developmental
disabilities.

The department of developmental disabilities shall coordinate the actions
taken by state agencies to comply with the state's policy. Agencies shall
collaborate
within their divisions and with each other to ensure that state programs,
policies, procedures, and funding support competitive and integrated
employment
of individuals with developmental disabilities. State agencies shall share
information with the department, and the department shall track progress
toward
full implementation of the policy. The department, in coordination with any
task force established by the governor, shall compile data and annually
submit
to the governor a report on implementation of the policy. 
The department and state agencies may adopt rules to implement the state's
policy. 
(C) The state's policy articulated in this section is intended to promote
the right of each individual with a developmental disability to informed
choice;
however, nothing in this section requires any employer to give preference in
hiring to an individual because the individual has a disability. 
(D) Each political subdivision that provides employment services to
individuals with developmental disabilities shall implement a policy that
complies
with the policy of this state and ensure that it is followed whenever
employment services are provided to individuals with developmental
disabilities.

Sec. 5123.023. (A) The director of developmental disabilities shall
establish an employment first task force consisting of the departments of
developmental
disabilities, education and workforce, medicaid, job and family services,
and mental health and addiction services; and the opportunities for Ohioans
with
disabilities agency. The purpose of the task force shall be to improve the
coordination of the state's efforts to address the needs of individuals with
developmental disabilities who seek community employment as defined in
section 5123.022 of the Revised Code. 
(B) The department of developmental disabilities may enter into interagency
agreements with any of the government entities on the task force. The
interagency
agreements may specify either or both of the following: 
(1) The roles and responsibilities of the government entities that are
members of the task force, including any money to be contributed by those
entities;

(2) The projects and activities of the task force. 
(C) The task force shall do all of the following:
(1) Review the transition plans submitted by employers under section
4111.061 of the Revised Code and develop long-term strategies to assist
those employers
in phasing out subminimum wages as defined in that section not later than
the date that is five years after the effective date of this amendment;
(2) Review and develop recommendations to transition individuals with
developmental disabilities from subminimum wages and to support these
individuals
in seeking competitive employment;
(3) Work with interagency partners to ensure developmental disability
services that align with national models are available for individuals with
developmental
disabilities;
(4) Use data available to the department of developmental disabilities to
identify opportunities for improving health outcomes for individuals with
developmental
disabilities.
(D) Not later than the first day of March immediately after the effective
date of this amendment, and on the first day of March of each even-numbered
year
thereafter, the task force, in consultation with the department of
developmental disabilities, shall submit to the general assembly a report
that includes
all of the following:
(1) Information regarding the outcomes, best practices, and challenges with
respect to individuals with developmental disabilities;
(2) Information regarding opportunities to support individuals with
developmental disabilities;
(3) Legislative recommendations for creating a better system of care for
individuals with developmental disabilities.
(E) There is hereby created in the state treasury the employment first
taskforce fund. Any money received by the task force from its members shall
be credited
to the fund. The department of developmental disabilities shall use the fund
to support the work of the task force. 
Sec. 5123.87. (A) No resident of an institution for persons with
intellectual disabilities shall be compelled to perform labor that involves
the operation,
support, or maintenance of the institution or for which the institution is
under contract with an outside organization. Privileges or release from the
institution shall not be conditional upon the performance of such labor.
Residents who volunteer to perform such labor shall be compensated at a rate
derived
from the value of the work performed, having reference to the prevailing
wage rate for comparable work or wage rates established under section
4111.06
of the Revised Code.
(B) A resident may be required to perform habilitative tasks that do not
involve the operation, support, or maintenance of the institution if those
tasks
are an integrated part of the resident's habilitation plan and supervised by
a member of the institution's professional staff who is designated by the
chief program director.
(C) A resident may be required to perform tasks of a personal housekeeping
nature.
Sec. 5747.87. (A) As used in this section, "qualified vendor" has the same
meaning as in section 3304.45 of the Revised Code. 
(B) There is allowed a nonrefundable credit against a taxpayer's aggregate
tax liability under section 5747.02 of the Revised Code for a taxpayer
issued
a tax credit certificate under section 3304.45 of the Revised Code for
purchases made from a qualified vendor. The credit shall equal the dollar
amount
indicated on the certificate and shall be claimed for the taxable year in
which the certificate is issued.
The credit shall be claimed in the order required under section 5747.98 of
the Revised Code. If the credit exceeds the taxpayer's aggregate tax due
under
section 5747.02 of the Revised Code for that taxable year after allowing for
credits that precede the credit under this section in that order, such
excess
shall be allowed as a credit in each of the ensuing four taxable years, but
the amount of any excess credit allowed in any such taxable year shall be
deducted
from the balance carried forward to the ensuing taxable year.
A taxpayer claiming a credit pursuant to this section shall submit a copy of
the certificate with the taxpayer's return. Nothing in this section limits
or disallows pass-through treatment of the credit.
Sec. 5747.98. (A) To provide a uniform procedure for calculating a
taxpayer's aggregate tax liability under section 5747.02 of the Revised
Code, a taxpayer
shall claim any credits to which the taxpayer is entitled in the following
order: 
Either the retirement income credit under division (B) of section 5747.055
of the Revised Code or the lump sum retirement income credits under
divisions
(C), (D), and (E) of that section; 
Either the senior citizen credit under division (F) of section 5747.055 of
the Revised Code or the lump sum distribution credit under division (G) of
that
section; 
The dependent care credit under section 5747.054 of the Revised Code; 
The credit for displaced workers who pay for job training under section
5747.27 of the Revised Code; 
The campaign contribution credit under section 5747.29 of the Revised Code; 
The twenty-dollar personal exemption credit under section 5747.022 of the
Revised Code; 
The joint filing credit under division (G) of section 5747.05 of the Revised
Code; 
The earned income credit under section 5747.71 of the Revised Code; 
The nonrefundable credit for education expenses under section 5747.72 of the
Revised Code; 
The nonrefundable credit for donations to scholarship granting organizations
under section 5747.73 of the Revised Code; 
The nonrefundable credit for tuition paid to a nonchartered nonpublic school
under section 5747.75 of the Revised Code; 
The nonrefundable vocational job credit under section 5747.057 of the
Revised Code; 
The nonrefundable job retention credit under division (B) of section
5747.058 of the Revised Code; 
The enterprise zone credit under section 5709.66 of the Revised Code; 
The credit for beginning farmers who participate in a financial management
program under division (B) of section 5747.77 of the Revised Code; 
The credit for purchases made from a qualified vendor under section 5747.87
of the Revised Code;
The credit for commercial vehicle operator training expenses under section
5747.82 of the Revised Code; 
The nonrefundable welcome home Ohio (WHO) program credit under section
122.633 of the Revised Code; 
The credit for selling or renting agricultural assets to beginning farmers
under division (A) of section 5747.77 of the Revised Code; 
The credit for purchases of qualifying grape production property under
section 5747.28 of the Revised Code; 
The small business investment credit under section 5747.81 of the Revised
Code; 
The nonrefundable lead abatement credit under section 5747.26 of the Revised
Code; 
The opportunity zone investment credit under section 5747.86 of the Revised
Code; 
The enterprise zone credits under section 5709.65 of the Revised Code; 
The research and development credit under section 5747.331 of the Revised
Code; 
The credit for rehabilitating a historic building under section 5747.76 of
the Revised Code; 
The nonrefundable Ohio low-income housing tax credit under section 5747.83
of the Revised Code; 
The nonrefundable affordable single-family home credit under section 5747.84
of the Revised Code; 
The nonresident credit under division (A) of section 5747.05 of the Revised
Code; 
The credit for a resident's out-of-state income under division (B) of
section 5747.05 of the Revised Code; 
The refundable motion picture and broadway theatrical production credit
under section 5747.66 of the Revised Code; 
The refundable credit for film and theater capital improvement projects
under section 5747.67 of the Revised Code; 
The refundable jobs creation credit or job retention credit under division
(A) of section 5747.058 of the Revised Code; 
The refundable credit for taxes paid by a qualifying entity granted under
section 5747.059 of the Revised Code; 
The refundable credits for taxes paid by a qualifying pass-through entity
granted under division (I) of section 5747.08 of the Revised Code; 
The refundable credit under section 5747.80 of the Revised Code for losses
on loans made to the Ohio venture capital program under sections 150.01 to
150.10
of the Revised Code; 
The refundable credit for rehabilitating a historic building under section
5747.76 of the Revised Code; 
The refundable credit under section 5747.39 of the Revised Code for taxes
levied under section 5747.38 of the Revised Code paid by an electing
pass-through
entity. 
(B) For any credit, except the refundable credits enumerated in this section
and the credit granted under division (H) of section 5747.08 of the Revised
Code, the amount of the credit for a taxable year shall not exceed the
taxpayer's aggregate amount of tax due under section 5747.02 of the Revised
Code,
after allowing for any other credit that precedes it in the order required
under this section. Any excess amount of a particular credit may be carried
forward if authorized under the section creating that credit. Nothing in
this chapter shall be construed to allow a taxpayer to claim, directly or
indirectly,
a credit more than once for a taxable year.
Sec. 5751.56. (A) As used in this section, "qualified vendor" has the same
meaning as in section 3304.45 of the Revised Code. 
(B) There is allowed a nonrefundable credit against the tax imposed by
section 5751.02 of the Revised Code for a taxpayer that is issued a tax
credit certificate
under section 3304.45 of the Revised Code for purchases made from a
qualified vendor. The credit shall equal the dollar amount indicated on the
certificate
and shall be claimed for the tax period in which the certificate is issued.
The credit shall be claimed in the order required under section 5751.98 of
the Revised Code. If the credit exceeds the taxpayer's aggregate tax due
under
section 5751.02 of the Revised Code for the tax period after allowing for
credits that precede the credit under this section in that order, such
excess
may be carried forward for up to fifteen tax periods, but the amount of any
excess credit allowed in any such tax period shall be deducted from the
balance
carried forward to the ensuing tax period.
A taxpayer claiming a credit pursuant to this section shall submit a copy of
the certificate with the taxpayer's return.
Sec. 5751.98. (A) To provide a uniform procedure for calculating the amount
of tax due under this chapter, a taxpayer shall claim any credits to which
it is entitled in the following order: 
The nonrefundable jobs retention credit under division (B) of section
5751.50 of the Revised Code; 
The nonrefundable credit for purchases made from a qualified vendor under
section 5751.56 of the Revised Code;
The nonrefundable credit for qualified research expenses under division (B)
of section 5751.51 of the Revised Code; 
The nonrefundable credit for a borrower's qualified research and development
loan payments under division (B) of section 5751.52 of the Revised Code; 
The nonrefundable credit for calendar years 2010 to 2029 for unused net
operating losses under division (B) of section 5751.53 of the Revised Code; 
The refundable motion picture and broadway theatrical production credit
under section 5751.54 of the Revised Code; 
The refundable credit for film and theater capital improvement projects
under section 5751.55 of the Revised Code; 
The refundable jobs creation credit or job retention credit under division
(A) of section 5751.50 of the Revised Code; 
The refundable credit for calendar year 2030 for unused net operating losses
under division (C) of section 5751.53 of the Revised Code. 
(B) For any credit except the refundable credits enumerated in this section,
the amount of the credit for a tax period shall not exceed the tax due after
allowing for any other credit that precedes it in the order required under
this section. Any excess amount of a particular credit may be carried
forward
if authorized under the section creating the credit.
Section 2. That existing sections 4111.06, 4111.14, 5122.28, 5123.022,
5123.023, 5123.87, 5747.98, and 5751.98 of the Revised Code are hereby
repealed.
Section 3. This act shall be known as the Ohio Employment First and Greater
Opportunities for Persons with Disabilities Act.


Richard Payne, President National Federation of the Blind of Ohio

937/829/3368
Rchpay7 at gmail.com <mailto:Rchpay7 at gmail.com> 

www.nfbohio.org <http://www.nfbohio.org> 

The National Federation of the Blind advances the lives of its members and
all blind people in the United States. We know that blindness is not the
characteristic that defines you or your future. Every day we raise the
expectations of blind people, because low expectations create obstacles
between blind people and our dreams. Our collective power, determination,
and diversity achieve the aspirations of all blind people.


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