JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES OHIO SENATE JOURNAL

Transcription

1 JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES OHIO SENATE JOURNAL THURSDAY, DECEMBER 27, 2018

2 SENATE JOURNAL, THURSDAY, DECEMBER 27, TWO HUNDRED FIFTY-FIRST DAY Senate Chamber, Columbus, Ohio Thursday, December 27, 2018, 10:00 o'clock a.m. The Senate met pursuant to adjournment. Prayer was offered by Pastor Brian Hanson, Grace Baptist Church in Cedarville, Ohio, followed by the Pledge of Allegiance to the Flag. The journal of the last legislative day was read and approved. The President handed down the following communication from the Governor: STATE OF OHIO EXECUTIVE DEPARTMENT OFFICE OF THE GOVERNOR COLUMBUS Pursuant to Article II, Section 16, of the Ohio Constitution, which states that the Governor may disapprove of any bill, I hereby disapprove of Amended Substitute Senate Bill 296 (Am. Sub. S.B. 296) and set forth the following reasons for so doing. Amended Substitute Senate Bill 296 began as a very praiseworthy bill that sought to revise the payments that surviving family members receive from the Ohio Public Safety Officers Death Benefit Fund and to permit those surviving spouses and their children to participate in the health, dental, and vision benefits offered to state employees. That version of Am. Sub. S.B. 296 unanimously passed the Senate on June 6, 2018 and the bill was referred to the House of Representatives. On December 12th in the end-of-the-year "lame duck" legislative session, a House committee added to this bill completely unrelated provisions increasing the compensation of state and local elected officials. This new version of the bill passed the House just a day later on December 13th. That very same day, the Senate quickly approved the House's action to include the pay raise provisions in the bill. I support the original Senate version of the bill to provide increased death benefits and to offer health insurance to the surviving family members of our first responders who lost their lives in the line of duty. I would have signed such a bill into law. Unfortunately, I cannot support or condone the lastminute rush to include a controversial pay raise for elected officials into what was an otherwise commendable bill.

3 2588 SENATE JOURNAL, THURSDAY, DECEMBER 27, 2018 When the new General Assembly convenes in January, I urge the legislators to pass and send to the Governor the original version of Am. Sub. S.B. 296 to provide these benefits to the survivors of our deceased first responders. And if there are those who believe that it is necessary to increase the compensation of our state and elected officials, then a stand-alone pay raise bill should be introduced and debated in an open and deliberative process that allows more of an opportunity for the taxpayers to have their say about their elected representatives' compensation. For these reasons, a veto of Amended Substitute Senate Bill 296 is in the public interest. IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the Great Seal of the State of Ohio to be affixed, at Columbus, this 21st day of December Two Thousand Eighteen. [Seal] John R. Kasich, Governor. This will acknowledge the receipt of a copy of this veto Message of Amended Substitute Senate Bill 296 that was disapproved by Governor John R. Kasich on December 21, The question being, Shall the bill, Am. Sub. S. B. No. 296, pass notwithstanding the objections of the Governor? Senator LaRose moved that he be excused from voting under Senate Rule No. 58. The question being, "Shall the motion be agreed to?" The motion was agreed to. The question recurred, Shall the bill, Am. Sub. S. B. No. 296, pass notwithstanding the objections of the Governor? The yeas and nays were taken and resulted yeas 25, nays 6, as follows: Bacon Beagle Brown Burke Coley Eklund Gardner Hackett Hill Hoagland Hottinger Huffman Kunze Lehner Manning McColley Oelslager Skindell Sykes Terhar Thomas Uecker Williams Wilson Yuko-25

4 SENATE JOURNAL, THURSDAY, DECEMBER 27, Senators Dolan, Jordan, Peterson, Schiavoni, Tavares, and Obhof voted in the negative-6. So the bill having received the required constitutional majority, passed notwithstanding the veto of the Governor. HOUSE AMENDMENTS TO SENATE BILLS AND RESOLUTIONS The amendments of the House of Representatives to: Sub. S. B. No. 21-Senator Uecker Cosponsors: Senators Hoagland, Huffman, Hite, Coley, Balderson, Burke, Dolan, Eklund, Hackett, Jordan, Lehner, McColley, Obhof, Terhar, Wilson Representatives Blessing, Ginter, Green, Merrin, Perales, Riedel, Roegner, Schuring, Seitz, Sprague, Thompson, Wiggam To amend sections , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , and of the Revised Code to modify the information conveyed in election notices and ballot language for property tax levies and to reduce the minimum number of precinct election officials in a precinct in which electronic pollbooks are used., was taken up. The question being, Shall the Senate concur in the amendments of the House of Representatives? Senator Peterson moved that the amendments of the House of Representatives to Sub. S. B. No. 21, be informally passed and retain its place on the calendar. The motion was agreed to. The amendments of the House of Representatives to: Am. Sub. S. B. No. 268-Senator Wilson Cosponsors: Senators Bacon, Coley, Beagle, Brown, Burke, Eklund, Hackett, Hoagland, Huffman, Kunze, LaRose, Manning, McColley, Obhof, O'Brien, Oelslager, Peterson, Schiavoni, Sykes, Tavares, Terhar, Thomas, Uecker, Yuko Representatives Anielski, Arndt, Blessing, Craig, Dever, Ginter, Hambley, Holmes, Kick, Lang, Manning, McClain, Merrin, Miller, Patton, Riedel, Schaffer, Scherer, Seitz, Thompson, Speaker Smith To amend sections , , , , , ,

5 2590 SENATE JOURNAL, THURSDAY, DECEMBER 27, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , and and to enact sections , , , , , , , , , and of the Revised Code to expand the increased penalties for theft in office based on the amount of property or services stolen, to include as restitution certain audit costs of the entity that suffered the loss involved in the offense, for any other offense, to allow restitution for the cost of accounting or auditing done to determine the extent of economic loss, to permit intrastate equity crowdfunding under certain circumstances, to provide for a hardship exemption from the requirement that financial statements filed under the Securities Law be audited, to replace expungement with sealing of ex parte protection orders and records under certain circumstances, and to clarify the appellate process for the court's refusal to grant certain protection orders., was taken up. The question being, Shall the Senate concur in the amendments of the House of Representatives? Senator Peterson moved that the amendments of the House of Representatives to Am. Sub. S. B. No. 268, be informally passed and retain its place on the calendar. The motion was agreed to. BILLS FOR THIRD CONSIDERATION Sub. H. B. No. 101-Representative Merrin Cosponsors: Representatives Becker, Thompson, Seitz, Stein, West, Roegner, Sheehy, Sprague, Hood, Smith, R., Anielski, Antani, Antonio, Arndt, Boyd, Brenner, Brinkman, Butler, Carfagna, Celebrezze, Clyde, Conditt, Craig, Cupp, Dever, DeVitis, Duffey, Edwards, Galonski, Gavarone, Ginter, Goodman, Greenspan, Hagan, Hambley, Hill, Holmes, Hughes, Johnson, Keller, Kick, Koehler, Landis, Leland, Lepore-Hagan, Lipps, Manning, McColley, O'Brien, Patterson, Patton, Pelanda, Perales, Ramos, Reineke, Retherford, Rogers, Ryan, Schaffer, Slaby, Smith, K., Strahorn, Sweeney, Wiggam, Young, Senator Beagle To amend sections , , , , , , , , , and and to enact sections , , , and of the Revised Code to establish provisions to be known as the "Epinephrine Accessibility Act" and to make other

6 SENATE JOURNAL, THURSDAY, DECEMBER 27, changes to the laws governing the State Board of Pharmacy, was considered the third time. The question being, "Shall the bill, Sub. H. B. No. 101, pass?" The yeas and nays were taken and resulted yeas 32, nays 0, as follows: Bacon Beagle Brown Burke Coley Dolan Eklund Gardner Hackett Hill Hoagland Hottinger Huffman Jordan Kunze LaRose Lehner Manning McColley Oelslager Peterson Schiavoni Skindell Sykes Tavares Terhar Thomas Uecker Williams Wilson Yuko Obhof-32 So the bill passed. The question being, Shall the title be agreed to? Senator Burke moved to amend the title as follows: Add the names: "Senators Bacon, Brown, Coley, Hackett, Hoagland, Hottinger, Jordan, Kunze, LaRose, Obhof, Peterson, Uecker, Wilson, Yuko." The motion was agreed to and the title so amended. Sub. H. B. No. 425-Representatives Antani, Craig Cosponsors: Representatives Becker, Seitz, Sheehy, Lang, Anielski, Arndt, Barnes, Brown, Celebrezze, Cupp, Dever, Duffey, Fedor, Gavarone, Ginter, Gonzales, Green, Hagan, Hambley, Henne, Holmes, Hoops, Howse, Hughes, Ingram, Kent, Kick, Landis, Leland, Lepore-Hagan, Manning, Miller, O'Brien, Patterson, Patton, Perales, Ramos, Reece, Reineke, Rezabek, Riedel, Roegner, Rogers, Ryan, Schaffer, Scherer, Schuring, Smith, K., Stein, Sykes, West, Wiggam, Wilkin, Young Senators Coley, Uecker To amend sections , , , , , , , , , , and and to repeal sections and of the Revised Code to provide that specified portions of peace officers' body-worn camera or dashboard camera recordings and the infrastructure record of a public school are not public records for purposes of the Public Records Law, to replace expungement with sealing of ex parte protection orders and records under certain circumstances, to clarify the appellate process for the court's refusal to grant certain protection orders, and to repeal the pilot program regarding the removal of sealed or expunged records from certain databases, was considered the third time. The question being, "Shall the bill, Sub. H. B. No. 425, pass?" The yeas and nays were taken and resulted yeas 32, nays 0, as follows:

7 2592 SENATE JOURNAL, THURSDAY, DECEMBER 27, 2018 Bacon Beagle Brown Burke Coley Dolan Eklund Gardner Hackett Hill Hoagland Hottinger Huffman Jordan Kunze LaRose Lehner Manning McColley Oelslager Peterson Schiavoni Skindell Sykes Tavares Terhar Thomas Uecker Williams Wilson Yuko Obhof-32 So the bill passed. The question being, Shall the title be agreed to? Senator Coley moved to amend the title as follows: Add the names: "Senators Beagle, Hackett, Hoagland, Hottinger, Kunze, Oelslager, Peterson, Schiavoni, Tavares, Terhar, Thomas, Wilson, Yuko." The motion was agreed to and the title so amended. Sub. H. B. No. 477-Representative Koehler Cosponsors: Representatives Thompson, Sweeney, Becker, Ingram, Vitale, Hambley, Brenner, Anielski, Blessing, Dean, Dever, Green, Henne, Hoops, Lang, Patton, Reineke, Riedel, Ryan, Scherer, Speaker Smith To amend sections , , , , , , , and , to enact sections , , and , and to repeal sections , , , , , , , , , , , , , and of the Revised Code to eliminate various provisions and programs related to the Department of Education and the operation of primary and secondary schools, to revise the law on paraprofessional certification, and to provide civil immunity regarding decisions not to procure mental health services for a suspended or expelled student, was considered the third time. The question being, "Shall the bill, Sub. H. B. No. 477, pass?" The yeas and nays were taken and resulted yeas 32, nays 0, as follows: Bacon Beagle Brown Burke Coley Dolan Eklund Gardner Hackett Hill Hoagland Hottinger Huffman Jordan Kunze LaRose Lehner Manning McColley Oelslager Peterson Schiavoni Skindell Sykes Tavares Terhar Thomas Uecker Williams Wilson Yuko Obhof-32 So the bill passed. The question being, Shall the title be agreed to?

8 SENATE JOURNAL, THURSDAY, DECEMBER 27, Senator Lehner moved to amend the title as follows: Add the names: "Senators Coley, Hackett, Hoagland, Lehner, Peterson, Terhar." The motion was agreed to and the title so amended. Senator Peterson moved that Sub. H. B. No. 511, having been referred to the Committee on Judiciary, be brought up for immediate consideration. Sub. H. B. No. 511-Representatives Lanese, Rogers Cosponsors: Representatives Rezabek, Antonio, Fedor, LaTourette, Anielski, Arndt, Ashford, Blessing, Boggs, Brown, Celebrezze, Craig, DeVitis, Galonski, Gavarone, Ginter, Henne, Holmes, Howse, Hughes, Johnson, Kent, Kick, Koehler, Lang, Lepore-Hagan, Manning, O'Brien, Patton, Pelanda, Perales, Riedel, Sheehy, Sykes, West, Young To amend sections , , and , to enact new section and sections , , and , and to repeal sections and of the Revised Code to make changes to the laws governing the ages at which persons may marry. The question being, "Shall the motion be agreed to?" The motion was agreed to. The question being, "Shall the bill, Sub. H. B. No. 511, pass?" The yeas and nays were taken and resulted yeas 32, nays 0, as follows: Bacon Beagle Brown Burke Coley Dolan Eklund Gardner Hackett Hill Hoagland Hottinger Huffman Jordan Kunze LaRose Lehner Manning McColley Oelslager Peterson Schiavoni Skindell Sykes Tavares Terhar Thomas Uecker Williams Wilson Yuko Obhof-32 So the bill passed. The question being, Shall the title be agreed to? Senator Bacon moved to amend the title as follows: Add the names: "Senators Bacon, Beagle, Brown, Dolan, Hackett, Hoagland, Kunze, Lehner, Manning, Peterson, Sykes, Tavares, Terhar, Thomas, Yuko." The motion was agreed to and the title so amended. Senator Peterson moved that Sub. H. B. No. 139, having been referred to

9 2594 SENATE JOURNAL, THURSDAY, DECEMBER 27, 2018 the Committee on Government Oversight and Reform, be brought up for immediate consideration. The motion was agreed to. Sub. H. B. No. 139-Representatives Perales, Keller Cosponsors: Representatives Hambley, Fedor, Seitz, Dean, Antonio, Brenner, Craig, Cupp, Green, Greenspan, Lang, Retherford, Riedel, Young Senators Uecker, Coley, Skindell To amend section of the Revised Code to eliminate the public disclosure exemption for any permanently retained record 75 years after the date of its creation, with exceptions, was considered the third time. The question being, "Shall the bill, Sub. H. B. No. 139, pass?" The yeas and nays were taken and resulted yeas 32, nays 0, as follows: Bacon Beagle Brown Burke Coley Dolan Eklund Gardner Hackett Hill Hoagland Hottinger Huffman Jordan Kunze LaRose Lehner Manning McColley Oelslager Peterson Schiavoni Skindell Sykes Tavares Terhar Thomas Uecker Williams Wilson Yuko Obhof-32 So the bill passed. The question being, Shall the title be agreed to? Senator Coley moved to amend the title as follows: Add the names: "Senators Brown, Eklund, Hackett, Kunze, Manning, Oelslager, Schiavoni, Tavares, Terhar, Thomas, Yuko." The motion was agreed to and the title so amended. Senator Peterson moved that Am. Sub. H. B. No. 300, having been referred to the Committee on Local Government, Public Safety and Veterans Affairs, be brought up for immediate consideration. The motion was agreed to. Am. Sub. H. B. No. 300-Representative Barnes Cosponsors: Representatives Hambley, Boyd, Anielski, Antonio, Arndt, Ashford, Brown, Carfagna, Celebrezze, Craig, DeVitis, Edwards, Fedor, Galonski, Ginter, Greenspan, Holmes, Howse, Hughes, Ingram, Johnson, Kent, LaTourette, Leland, Lepore-Hagan, Manning, O'Brien, Patterson, Patton, Perales, Rogers, Romanchuk, Ryan, Schaffer, Slaby, Sprague,

10 SENATE JOURNAL, THURSDAY, DECEMBER 27, Sweeney, Sykes, West, Young To amend sections and of the Revised Code to provide that any nondriver identification card that is issued to a resident of Ohio who is permanently or irreversibly disabled must be issued with an 8-year expiration date and to exempt such cardholders who are also unemployed from the identification card fees, was considered the third time. The question being, "Shall the bill, Am. Sub. H. B. No. 300, pass?" The yeas and nays were taken and resulted yeas 32, nays 0, as follows: Bacon Beagle Brown Burke Coley Dolan Eklund Gardner Hackett Hill Hoagland Hottinger Huffman Jordan Kunze LaRose Lehner Manning McColley Oelslager Peterson Schiavoni Skindell Sykes Tavares Terhar Thomas Uecker Williams Wilson Yuko Obhof-32 So the bill passed. The question being, Shall the title be agreed to? Senator Uecker moved to amend the title as follows: Add the names: "Senators Beagle, Brown, Burke, Coley, Dolan, Eklund, Gardner, Hackett, Hill, Hoagland, Kunze, LaRose, Lehner, Manning, Oelslager, Schiavoni, Skindell, Sykes, Tavares, Terhar, Thomas, Uecker, Williams, Wilson." The motion was agreed to and the title so amended. On the motion of Senator Peterson, the Senate recessed until 11:42 a.m. The Senate met pursuant to the recess. Mr. President: Message from the House of Representatives I am directed to inform you that the Governor of Ohio, having returned to the House of Representatives, with his objections, Am. Sub. H. B. No. 228 entitled an act: To amend sections 9.68, , , , , , , , , , , , and and to enact sections 9.69 and of the Revised Code to modify the law governing state preemption of local firearm regulations and related

11 2596 SENATE JOURNAL, THURSDAY, DECEMBER 27, 2018 remedies, the grounds for self-defense and the burden of proof, the authority of a law enforcement officer or investigator to carry a weapon, the offense of unlawful transactions in weapons, and other weapons-related laws. The House proceeded to reconsider the act to which the Governor objected. The act, having received the required constitutional majority, passed notwithstanding the objections of the Governor. I am directed by the House to communicate a copy of said act, the message of the Governor with his objections, and the proceedings of the House thereon to the Senate. Attest: Bradley J. Young, Clerk. STATE OF OHIO EXECUTIVE DEPARTMENT OFFICE OF THE GOVERNOR COLUMBUS Pursuant to Article II, Section 16, of the Ohio Constitution, which states that the Governor may disapprove of any bill, I hereby disapprove of Amended Substitute House Bill Number 228 (Am. Sub. H.B. 228) and set forth the following reasons for so doing. Since first being elected to the Ohio Senate in 1976, I have consistently supported Ohioans' constitutional right to bear arms and to defend themselves and their families. As governor, I have signed or allowed to become law nine bills protecting that right, making mine one of the most consistently pro- Second Amendment administrations in the history of our state. But even the late U.S. Supreme Court Justice Antonin Scalia noted in District of Columbia v. Heller, 554 U.S. 570 (2008), that "[l]ike most rights, the right to bear arms is not unlimited." Justice Scalia went on to say in Heller that "nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill... " In just the last few years, we have all witnessed the horrific mass shootings at the Borderline Bar & Grill in Thousand Oaks, California, the Tree of Life Synagogue in Pittsburgh, the Fifth Third Bank in downtown Cincinnati, the Route 91 Harvest music festival in Las Vegas, the First Baptist Church in Sutherland Springs, Texas, the Stoneman Douglas High School in Parkland, Florida, and others too numerous to list in this message. It is often the case that after the shooting, we learn that the shooter's family, friends, teachers,

12 SENATE JOURNAL, THURSDAY, DECEMBER 27, neighbors, co-workers, or fellow students saw signs beforehand that suggested that the shooter was heading toward some form of acute mental crisis that might result in self-harm or harm to those with whom the shooter comes in contact. The vast majority of people who are suffering from some form of mental breakdown or illness, whether acute or long-term, will never commit an act of violence. And it is likely that we will never be able to accurately predict which people so suffering will commit acts of extreme violence. But that does not mean we should do nothing. New policies are needed to better safeguard those in crisis, their families, their co-workers, their classmates, their educators, law enforcement officers, and the general public from the harm that we have seen happen far too many times when those in crisis have unrestricted access to firearms and have exhibited signs of causing harm. A significant step forward in this area would be to enact a "red flag law," also known as an "Extreme Risk Protection Order" law. Before the high school shooting in Parkland, Florida, five states already had versions of a red flag law in place; since Parkland, eight more states have adopted their own red flag laws. The concept of a red flag law is simple - if it becomes apparent that an individual who is in possession of a firearm is exhibiting some form of conduct that strongly suggests that the individual poses a real danger to himself or herself or to others with that firearm, then certain statutorilydefined people have the ability to go to court and seek an order from a judge that temporarily places that individual's firearms in safekeeping while the individual is evaluated. Even the National Rifle Association is on record as supporting the concept of red flag laws. That the General Assembly has been unwilling to even debate the idea is baffling and unconscionable to me. This idea's omission from this legislation is a shortcoming that I cannot accept. While there is merit in the bill's provisions strengthening penalties against illegal "strawman" purchases of firearms and allowing off-duty police to carry concealed weapons, other provisions in this bill will benefit from additional consideration. For example, this bill would reverse the burden of proof in criminal cases in which the defendant alleges he or she acted in self-defense. The bill would require the prosecution to disprove, beyond a reasonable doubt, the defendant's self-defense allegation. This has never been the law in Ohio; the defendant has always had the burden of proving self-defense. This provision of the bill is strongly opposed by the Ohio Prosecuting Attorneys Association. In addition, a provision in this bill to restrict the rights of local governments to enact any policies concerning firearms further erodes Ohio's long-established policies that guarantee local governments substantial sovereignty under the legal principle known as "home rule." These and other issues addressed in Am. Sub. H.B. 228 demand a more careful, deliberate

13 2598 SENATE JOURNAL, THURSDAY, DECEMBER 27, 2018 public debate than can ever occur in the rushed, end-of-year environment of an abbreviated "lame duck" session. I urge members of the 133rd General Assembly, convening in January 2019, to conduct a prolonged, thoughtful, and transparent review of state laws regarding the sale, possession, and use of firearms in order to send the next governor a bill that is not only consistent with the right to bear arms and the right of all Ohioans to robust due process protections, but that also keeps firearms out of the hands of those individuals who would use them to harm themselves or others. Am. Sub. H.B. 228 is not that bill and signing it into law would be detrimental to the safety of all of our citizens. For these reasons, a veto of Amended Substitute House Bill 228 is in the public interest. IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the Great Seal of the State of Ohio to be affixed at Columbus this 19th day of December Two Thousand Eighteen. [Seal] John R. Kasich, Governor. The question being, Shall the bill, Am. Sub. H. B. No. 228, pass notwithstanding the objections of the Governor? The yeas and nays were taken and resulted yeas 21, nays 11, as follows: Bacon Beagle Burke Coley Dolan Gardner Hackett Hill Hoagland Hottinger Huffman Jordan LaRose Manning McColley Oelslager Peterson Terhar Uecker Wilson Obhof-21 Those who voted in the negative were: Senators Brown Eklund Kunze Lehner Schiavoni Skindell Sykes Tavares Thomas Williams Yuko-11 So the bill having received the required constitutional majority, passed notwithstanding the veto of the Governor. MOTIONS On the motion of Senator Peterson the appointment of Bethany Gibson, having been referred to the Committee on Energy and Natural Resources, was

14 SENATE JOURNAL, THURSDAY, DECEMBER 27, brought up for consideration. STATE OF OHIO EXECUTIVE DEPARTMENT OFFICE OF THE GOVERNOR COLUMBUS I, John R. Kasich, Governor of the State of Ohio, do hereby appoint, Bethany Gibson, DVM, Independent, from Ashville, Pickaway County, Ohio, as a Member of the Ohio Soil and Water Conservation Commission for a term beginning July 13, 2018 and ending at the close of business June 30, 2022, replacing Donald W. Tom, whose term expired. IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the Great Seal of the State of Ohio to be affixed, at Columbus, this 13th day of July in the year of our Lord, Two Thousand and Eighteen. [Seal] John R. Kasich, Governor. The question being, "Shall the Senate advise and consent to the appointment by the Governor?" The yeas and nays were taken and resulted yeas 8, nays 24, as follows: Senators Brown, Schiavoni, Skindell, Sykes, Tavares, Thomas, Williams, and Yuko voted in the affirmative-8. Those who voted in the negative were: Senators Bacon Beagle Burke Coley Dolan Eklund Gardner Hackett Hill Hoagland Hottinger Huffman Jordan Kunze LaRose Lehner Manning McColley Oelslager Peterson Terhar Uecker Wilson Obhof-24 So the Senate did not advise and consent to said appointment. Mr. President: Message from the House of Representatives I am directed to inform you that the Governor of Ohio, having returned to the House of Representatives, with his objections, Sub. H. B. No. 258 entitled an act: To amend sections , , , , , , and ; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections ( ),

15 2600 SENATE JOURNAL, THURSDAY, DECEMBER 27, 2018 ( ), and ( ); and to enact new sections and and sections , , , , , and of the Revised Code to generally prohibit an abortion of an unborn human individual with a detectable heartbeat and to create the Joint Legislative Committee on Adoption Promotion and Support. The House proceeded to reconsider the act to which the Governor objected. The act, having received the required constitutional majority, passed notwithstanding the objections of the Governor. I am directed by the House to communicate a copy of said act, the message of the Governor with his objections, and the proceedings of the House thereon to the Senate. Attest: Bradley J. Young, Clerk. STATE OF OHIO EXECUTIVE DEPARTMENT OFFICE OF THE GOVERNOR COLUMBUS Pursuant to Article II, Section 16, of the Ohio Constitution, which states that the Governor may disapprove of any bill, I hereby disapprove of Substitute House Bill 258 (Sub. H.B. 258) and set forth the following reasons for so doing. As governor I have worked hard to strengthen Ohio's protections for the sanctity of human life, and I have a deep respect for my fellow members of the pro-life community and their ongoing efforts in defense of unborn life. However, the central provision of Sub. H.B. 258, that an abortion cannot be performed if a heartbeat has been detected in the unborn child, is contrary to the Supreme Court of the United States' current rulings on abortion. Because the lower federal courts are bound to follow the U.S. Supreme Court's precedents on abortion, Sub. H.B. 258 will likely be struck down as unconstitutional. The State of Ohio will be the losing party in that lawsuit and, as the losing party, the State of Ohio will be forced to pay hundreds of thousands of taxpayer dollars to cover the legal fees for the pro-choice activists' lawyers. Therefore, this veto is in the public interest. For these reasons, I am vetoing Substitute House Bill 258. IN WITNESS WHEREOF, I have hereunto subscribed my name and caused

16 SENATE JOURNAL, THURSDAY, DECEMBER 27, the Great Seal of the State of Ohio to be affixed at Columbus this 21st day of December Two Thousand Eighteen. [Seal] John R. Kasich, Governor. The question being, Shall the bill, Sub. H. B. No. 258, pass notwithstanding the objections of the Governor? The yeas and nays were taken and resulted yeas 19, nays 13, as follows: Bacon Burke Coley Gardner Hackett Hill Hoagland Hottinger Huffman Jordan LaRose Lehner McColley Oelslager Peterson Terhar Uecker Wilson Obhof-19 Those who voted in the negative were: Senators Beagle Brown Dolan Eklund Kunze Manning Schiavoni Skindell Sykes Tavares Thomas Williams Yuko-13 So the bill not having received the required constitutional majority, the veto of the Governor was sustained. MOTIONS Senator Manning moved that Senators absent the week of Sunday, December 23, 2018, be excused, so long as a written explanation is on file with the Clerk pursuant to Senate Rule No. 17. The question being, "Shall the motion be agreed to?" The motion was agreed to. OFFERING OF RESOLUTIONS Pursuant to Senate Rule No. 54, the following resolutions were offered: S. R. No Senator Manning. Honoring Lorain County Joint Vocational School as a Project Lead the Way Distinguished School S. R. No Senator Manning. Honoring Saints Peter and Paul Orthodox Church on the celebration of its One Hundred Fifth Anniversary

17 2602 SENATE JOURNAL, THURSDAY, DECEMBER 27, 2018 S. R. No Senator Manning. Honoring Dr. Dennis Flood as the 2018 World Photovoltaic Energy Award recipient S. R. No Senator Manning. Honoring New Life Wesleyan Church on its One Hundred Seventy-fifth Anniversary The question being, "Shall the resolutions listed under the President's prerogative be adopted?" So the resolutions were adopted. MESSAGE FROM THE PRESIDENT Pursuant to Section (B)(1) and (C) of the Ohio Revised Code, the President of the Senate reappoints the following members of the public to serve on the Underground Technical Committee for 4-year terms beginning January 1, 2019: James Callan (Stark County), representing the natural gas transmission pipeline industry Mark Potnick (Licking County), representing a stakeholder group of the commercial excavator industry On the motion of Senator Peterson, the Senate adjourned until Friday, December 28, 2018 at 9:30 a.m. Attest: VINCENT L. KEERAN, Clerk.