OHIO. House of Representatives JOURNAL

Transcription

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

2 2510 HOUSE JOURNAL, THURSDAY, DECEMBER 27, 2018 TWO HUNDRED TWENTY-THIRD DAY Hall of the House of Representatives, Columbus, Ohio Thursday, December 27, 2018, 9:00 o'clock a.m. The House met pursuant to adjournment. Prayer was offered by Representative Ginter-5 th district, followed by the Pledge of Allegiance to the Flag. The following guests of the House of Representatives were recognized prior to the commencement of business: Ryan Miller and Matt Botkin, guests of Representative Hagan-50th district. Piper Wilkin, the daughter of Representative Wilkin-91st district. The journal of the previous legislative day was read and approved. The following bill was introduced: INTRODUCTION OF BILLS H. B. No Representative Barnes. To amend section and to enact section of the Revised Code to allow a private citizen to request an injunction against a jail for failure to comply with minimum standards, to provide a judicial procedure to ensure a jail inmate receives emergency medical care, and to name the act the "Prisoners' Human Rights Act." Said bill was considered the first time. MOTIONS AND RESOLUTIONS Representative Schuring moved that the following resolution be brought up for immediate adoption, read by title only, and spread upon the pages of the journal. The motion was agreed to. The question being on the adoption of the resolution, reading as follows: H. R. No. 644-Speaker Smith Relative to the election of Ellis R. Hill to fill the vacancy in the membership of the House of Representatives created by the resignation of Brian Hill of the 97th House District. WHEREAS, Section 11 of Article II of the Ohio Constitution provides for the filling of a vacancy in the membership of the House of Representatives by election by the members of the House of Representatives

3 HOUSE JOURNAL, THURSDAY, DECEMBER 27, who are affiliated with the same political party as the person last elected to the seat which has become vacant; and WHEREAS, Brian Hill of the 97th House District, has resigned as a member of the House of Representatives of the 132nd General Assembly effective December 13, 2018, thus creating a vacancy in the House of Representatives; therefore be it RESOLVED, By the members of the House of Representatives who are affiliated with the Republican party that Ellis R. Hill, Republican, having the qualifications set forth in the Ohio Constitution and the laws of Ohio to be a member of the House of Representatives from the 97th House District, is hereby elected, effective December 27, 2018, pursuant to Section 11 of Article II of the Ohio Constitution, as a member of the House of Representatives from the 97th House District, to fill the vacancy created by the unexpired portion of the term of said Brian Hill, ending on December 31, 2018; and be it further RESOLVED, That a copy of this resolution be spread upon the pages of the Journal of the House of Representatives together with the yeas and nays of the members of the House of Representatives affiliated with the Republican party voting on the resolution, and that the Clerk of the House of Representatives shall certify the resolution and vote on its adoption to the Secretary of State. The question being, Shall the resolution be adopted? The yeas and nays were taken and resulted yeas 60, nays 0, as follows: Those who voted in the affirmative were: Representatives Anielski Antani Arndt Becker Blessing Brenner Brinkman Butler Carfagna Cupp Dean DeVitis Duffey Edwards Faber Gavarone Green Greenspan Hagan Hambley Henne Hood Hoops Householder Huffman Hughes Johnson Keller Kick Koehler Landis Lanese Lang LaTourette Lipps McClain Merrin Patton Pelanda Perales Reineke Riedel Roegner Romanchuk Ryan Schaffer Scherer Schuring Seitz Slaby Smith, T. Sprague Stein Thompson Vitale Wiggam Wilkin Young Zeltwanger Smith, R.-60 The resolution was adopted.

4 2512 HOUSE JOURNAL, THURSDAY, DECEMBER 27, 2018 Mr. Hill was escorted to the bar of the House by Representatives Hood, Gavarone, LaTourette, Patton, Reineke, Cera, Kelly, Smith, K., and Sykes, took the oath of office administered by Speaker Smith, and entered upon the discharge of his duties. State of Ohio County of Franklin I, Ellis R. Hill, do solemnly swear to support the Constitution of the United States and the Constitution of the State of Ohio, and faithfully to discharge and perform all duties incumbent upon me as a member of the Ohio House of Representatives, according to the best of my ability and understanding; and this I do as I shall answer unto God. /s/ ELLIS R. HILL Ellis R. Hill Sworn to and subscribed before me this 27th day of December, /s/ RYAN SMITH Ryan Smith Speaker House District 93 Representative Patton moved that majority party members asking leave to be absent or absent the week of Thursday, December 27, 2018, be excused, so long as a written request is on file in the majority leadership offices. The motion was agreed to. Representative Sykes moved that minority party members asking leave to be absent or absent the week of Thursday, December 27, 2018, be excused, so long as a written request is on file in the minority leadership offices. The motion was agreed to. Speaker Ryan Smith Ohio House of Representatives 77 S. High Street Columbus, OH Dear Mr. Speaker, MESSAGE FROM THE SPEAKER December 20, 2018 This is to inform you that I m resigning from my position as the State

5 HOUSE JOURNAL, THURSDAY, DECEMBER 27, Representative for the 75th District of the Ohio House of Representatives effective at 4:00 pm today. It has been my honor to serve the people of Portage County and the state of Ohio these past eight years, and I deeply appreciate the opportunity to have done so. Thank you for your immediate attention to this matter. I wish you all the best in the 133rd General Assembly. Sincerely, /s/kathleen CLYDE Kathleen Clyde December 20, 2018 The Honorable Kathleen Clyde Ohio House of Representatives 77 South High Street Columbus, Ohio Dear Representative Clyde, MESSAGE FROM THE SPEAKER This letter is to acknowledge receipt and acceptance of your letter of resignation. Thank you for your service, /s/ryan SMITH Ryan Smith Speaker, Ohio House of Representatives MOTIONS AND RESOLUTIONS Representative Schuring moved that the following resolution be brought up for immediate adoption, read by title only, and spread upon the pages of the journal. The motion was agreed to. The question being on the adoption of the resolution, reading as follows: H. R. No. 645-Speaker Smith, Representative Strahorn Relative to travel allowance. WHEREAS, Section of the Revised Code provides that each member receive a travel reimbursement based upon the mileage from and to the member's place of residence, by the most direct highway route of public

6 2514 HOUSE JOURNAL, THURSDAY, DECEMBER 27, 2018 travel to and from the seat of government; therefore be it RESOLVED, That the Chief Administrative Officer of the House of Representatives is hereby authorized to pay the following member's travel allowance based upon their round trip mileage as set opposite their name and district number: Member's Name District Number Round-Trip Mileage Ellis R. Hill The question being, Shall the resolution be adopted? The yeas and nays were taken and resulted yeas 85, nays 0, as follows: Those who voted in the affirmative were: Representatives. Anielski Antani Antonio Arndt Barnes Becker Blessing Brenner Brinkman Brown Butler Carfagna Celebrezze Cera Craig Cupp Dean DeVitis Duffey Edwards Faber Fedor Galonski Gavarone Ginter Green Greenspan Hagan Hambley Henne Hill, E. Holmes Hood Hoops Householder Huffman Hughes Ingram Johnson Keller Kelly Kent Kick Koehler Landis Lanese Lang LaTourette Leland Lipps McClain Merrin Miller O'Brien Patmon Patterson Patton Pelanda Perales Reineke Riedel Roegner Rogers Romanchuk Ryan Schaffer Scherer Schuring Seitz Sheehy Slaby Smith, K. Smith, T. Stein Strahorn Sweeney, B. Sykes Thompson Vitale West Wiggam Wilkin Young Zeltwanger Smith, R.-85 The resolution was adopted. Mr. Speaker: Message from the Senate I am directed to inform the House of Representatives that the Governor of Ohio, having signed Am. Sub. S. B. No. 296 entitled an act: To amend sections , , , , , , , , , , , , , , , , , and and to enact sections , , and

7 HOUSE JOURNAL, THURSDAY, DECEMBER 27, of the Revised Code to revise the payments that surviving family members receive from the Ohio Public Safety Officers Death Benefit Fund and to permit surviving spouses and children to participate in the health, dental, and vision benefits offered to state employees as if the survivors were employees of this state; to increase the compensation of elected public officers through 2028; to create the Public Office Compensation Advisory Commission; to create the Office of InnovateOhio; to allow the Lieutenant Governor to receive the salary of the head of an office within the Governor's office in lieu of the Lieutenant Governor's statutory salary; and to declare an emergency. The Senate proceeded to reconsider the bill to which the Governor objected. The bill, having received the required constitutional majority, passed notwithstanding the objections of the Governor. I am directed by the Senate to communicate a copy of said bill, the message of the Governor with his objections, and the proceedings of the Senate thereon to the House of Representatives. Attest: Vincent L. Keeran, Clerk. The Speaker handed down the following communication from the Governor: STATE OF OHIO EXECUTIVE DEPARTMENT OFFICE OF THE GOVERNOR COLUMBUS STATEMENT OF THE REASONS FOR THE VETO OF AMENDED SUBSTITUTE SENATE BILL 296 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.

8 2516 HOUSE JOURNAL, THURSDAY, DECEMBER 27, 2018 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. 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] /s/john R. KASICH John R. Kasich, Governor Representative Schuring moved that the reading of the veto message be dispensed with. The motion was agreed to without objection. The House proceeded to the consideration of Am. Sub. S.B. 296 vetoed by the Governor. The question being, "Shall the bill pass notwithstanding the objections of the Governor?" The Honorable Ryan Smith, Speaker The Ohio House of Representatives Columbus, Ohio December 27, 2018

9 HOUSE JOURNAL, THURSDAY, DECEMBER 27, Speaker Smith, Pursuant to House Rule No. 57, I respectfully request that I be excused from voting on Am. Sub. S. B. No. 296-Senator Hottinger, et al., because it might be construed that I have an interest in the legislation. The request was granted. Sincerely, /s/ KEITH FABER Keith Faber State Representative 84th House District The Honorable Ryan Smith, Speaker The Ohio House of Representatives Columbus, Ohio December 27, 2018 Speaker Smith, Pursuant to House Rule No. 57, I respectfully request that I be excused from voting on Am. Sub. S. B. No. 296-Senator Hottinger, et al., because it might be construed that I have an interest in the legislation. The request was granted. Sincerely, /s/ ROBERT COLE SPRAGUE Robert Cole Sprague State Representative 83rd House District The yeas and nays were taken and resulted yeas 71, nays 16, as follows: Those who voted in the affirmative were: Representatives Anielski Antonio Arndt Barnes Blessing Brenner Brinkman Brown Carfagna Celebrezze Cera Craig Cupp Duffey Fedor Galonski Gavarone Ginter Green Greenspan Hagan Hambley Henne Hill, E. Holmes Hoops Hughes Ingram Johnson Keller Kelly Kent Kick Koehler Landis Lanese Lang LaTourette Lipps McClain Miller O'Brien Patmon Patterson Patton Pelanda Perales Ramos Reineke Retherford Riedel Roegner

10 2518 HOUSE JOURNAL, THURSDAY, DECEMBER 27, 2018 Rogers Romanchuk Ryan Schaffer Scherer Schuring Seitz Sheehy Slaby Smith, K. Smith, T. Stein Strahorn Sykes West Wiggam Wilkin Young Smith, R.-71 Those who voted in the negative were: Representatives Antani Becker Butler Dean Dever DeVitis Edwards Hood Householder Huffman Leland Merrin Sweeney, B. Thompson Vitale Zeltwanger-16 The bill having received the required constitutional majority, passed notwithstanding the objections of the Governor. The Speaker handed down the following communication from the Governor: STATE OF OHIO EXECUTIVE DEPARTMENT OFFICE OF THE GOVERNOR COLUMBUS STATEMENT OF THE REASONS FOR THE VETO OF AMENDED SUBSTITUTE HOUSE BILL 228 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,

11 HOUSE 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 public debate than can ever occur in the rushed, end of-year environment of

12 2520 HOUSE JOURNAL, THURSDAY, DECEMBER 27, 2018 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] /s/john R. KASICH John R. Kasich, Governor Representative Schuring moved that the reading of the veto message be dispensed with. The motion was agreed to without objection. The House proceeded to the consideration of Am. Sub. H.B. 228 vetoed by the Governor. The question being, "Shall the bill pass notwithstanding the objections of the Governor?" The yeas and nays were taken and resulted yeas 67, nays 22, as follows: Those who voted in the affirmative were: Representatives Anielski Antani Arndt Becker Blessing Brenner Brinkman Butler Carfagna Cera Cupp Dean DeVitis Duffey Edwards Faber Gavarone Ginter Green Greenspan Hagan Hambley Henne Hill, E. Hood Hoops Householder Huffman Hughes Johnson Keller Kick Koehler Landis Lanese Lang LaTourette Lipps McClain Merrin Patmon Patterson Patton Pelanda Perales Reineke Retherford Riedel Roegner Rogers Romanchuk Ryan Schaffer Scherer Schuring Seitz Slaby Smith, T. Sprague Stein Thompson Vitale Wiggam Wilkin Young Zeltwanger Smith, R.-67

13 HOUSE JOURNAL, THURSDAY, DECEMBER 27, Those who voted in the negative were: Representatives Antonio Barnes Brown Celebrezze Craig Dever Fedor Galonski Holmes Ingram Kelly Kent Leland Miller O'Brien Ramos Sheehy Smith, K. Strahorn Sweeney, B. Sykes West-22 The bill having received the required constitutional majority, passed notwithstanding the objections of the Governor. The Speaker handed down the following communication from the Governor: STATE OF OHIO EXECUTIVE DEPARTMENT OFFICE OF THE GOVERNOR COLUMBUS STATEMENT OF THE REASONS FOR THE VETO OF SUBSTITUTE HOUSE BILL 258 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 the Great Seal of the State of Ohio to be affixed at Columbus this 21st day of December Two Thousand Eighteen. [Seal] /s/john R. KASICH John R. Kasich, Governor

14 2522 HOUSE JOURNAL, THURSDAY, DECEMBER 27, 2018 Representative Schuring moved that the reading of the veto message be dispensed with. The motion was agreed to without objection. The House proceeded to the consideration of Sub. H.B. 258 vetoed by the Governor. The question being, "Shall the bill pass notwithstanding the objections of the Governor?" The yeas and nays were taken and resulted yeas 61, nays 28, as follows: Those who voted in the affirmative were: Representatives Antani Becker Blessing Brenner Brinkman Butler Cupp Dean Dever DeVitis Edwards Faber Gavarone Ginter Green Greenspan Hagan Hambley Henne Hill, E. Hood Hoops Householder Huffman Hughes Johnson Keller Kick Koehler Landis Lanese Lang LaTourette Lipps McClain Merrin Patmon Patton Pelanda Perales Reineke Retherford Riedel Roegner Romanchuk Ryan Schaffer Scherer Schuring Seitz Slaby Smith, T. Sprague Stein Thompson Vitale Wiggam Wilkin Young Zeltwanger Smith, R.-61 Those who voted in the negative were: Representatives Anielski Antonio Arndt Barnes Brown Carfagna Celebrezze Cera Craig Duffey Fedor Galonski Holmes Ingram Kelly Kent Leland Miller O'Brien Patterson Ramos Rogers Sheehy Smith, K. Strahorn Sweeney, B. Sykes West-28 The bill having received the required constitutional majority, passed notwithstanding the objections of the Governor. Mr. Speaker: Message from the Senate I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill: Am. Sub. H. B. No Representative Young Cosponsors: Representatives Duffey, Antani, Anielski, Ginter, Green, Hagan, Hambley, Householder, Johnson, Patton, Perales, Ryan, Sprague, Sweeney, Thompson Senators Bacon, Beagle, Lehner, Tavares, Terhar, Thomas, Uecker, Williams, Wilson, Yuko

15 HOUSE JOURNAL, THURSDAY, DECEMBER 27, To amend sections , , , and and to enact sections , , , and of the Revised Code to establish the Subcommittee on Standards for Teacher Preparation of the Educator Standards Board, to establish the Undergraduate Mission Study Committee to evaluate each state university's efforts to secure participation in the undergraduate mission by its tenured faculty, and to qualify public, private institutions of higher education as covered entities for cybersecurity program safe harbor, and to require a public school to notify the parent of a student who fails to arrive at school on time. As a substitute bill with the following additional amendments, in which the concurrence of the House is requested. In line 1 of the title, delete the first "section" and insert "sections"; after " " insert ", , , and "; delete the second "section" and insert "sections ," In line 2 of the title, after " " insert ", , and " In line 9 of the title, delete the first "and" and insert a comma In line 11 of the title, after "harbor" insert ", and to require a public school to notify the parent of a student who fails to arrive at school on time" In line 12, delete the first "section" and insert "sections"; after " " insert ", , , and "; delete the second "section" and insert "sections ," In line 13, after " " insert ", , and " After line 61, insert: "Sec The Subject to section of the Revised Code, the board of education of each school district shall adopt a written policy with respect to the notification of a student's parents, parent who is the residential parent and legal custodian, guardian, or legal custodian or any other person responsible for the student within a reasonable time after the determination that the student is absent from school. The student's parents, parent who is the residential parent and legal custodian, guardian, or legal custodian or any other person responsible for the student shall provide the school that the student attends a current address and a telephone number at which the student's parents, parent who is the residential parent and legal custodian, guardian, or legal custodian or any other person that is responsible for the student can receive notice that the student is absent from school. Sec A copy of every contract entered into under this section shall be filed with the superintendent of public instruction. The department of education shall make available on its web site a copy of every approved,

16 2524 HOUSE JOURNAL, THURSDAY, DECEMBER 27, 2018 executed contract filed with the superintendent under this section. (A) Each contract entered into between a sponsor and the governing authority of a community school shall specify the following: (1) That the school shall be established as either of the following: (a) A nonprofit corporation established under Chapter of the Revised Code, if established prior to April 8, 2003; (b) A public benefit corporation established under Chapter of the Revised Code, if established after April 8, (2) The education program of the school, including the school's mission, the characteristics of the students the school is expected to attract, the ages and grades of students, and the focus of the curriculum; (3) The academic goals to be achieved and the method of measurement that will be used to determine progress toward those goals, which shall include the statewide achievement assessments; (4) Performance standards, including but not limited to all applicable report card measures set forth in section or of the Revised Code, by which the success of the school will be evaluated by the sponsor; (5) The admission standards of section of the Revised Code and, if applicable, section of the Revised Code; (6)(a) Dismissal procedures; (b) A requirement that the governing authority adopt an attendance policy that includes a procedure for automatically withdrawing a student from the school if the student without a legitimate excuse fails to participate in seventy-two consecutive hours of the learning opportunities offered to the student. (7) The ways by which the school will achieve racial and ethnic balance reflective of the community it serves; (8) Requirements for financial audits by the auditor of state. The contract shall require financial records of the school to be maintained in the same manner as are financial records of school districts, pursuant to rules of the auditor of state. Audits shall be conducted in accordance with section of the Revised Code. (9) An addendum to the contract outlining the facilities to be used that contains at least the following information: (a) A detailed description of each facility used for instructional purposes; (b) The annual costs associated with leasing each facility that are paid by or on behalf of the school; (c) The annual mortgage principal and interest payments that are paid

17 HOUSE JOURNAL, THURSDAY, DECEMBER 27, by the school; (d) The name of the lender or landlord, identified as such, and the lender's or landlord's relationship to the operator, if any. (10) Qualifications of teachers, including a requirement that the school's classroom teachers be licensed in accordance with sections to of the Revised Code, except that a community school may engage noncertificated persons to teach up to twelve hours per week pursuant to section of the Revised Code. (11) That the school will comply with the following requirements: (a) The school will provide learning opportunities to a minimum of twenty-five students for a minimum of nine hundred twenty hours per school year. (b) The governing authority will purchase liability insurance, or otherwise provide for the potential liability of the school. (c) The school will be nonsectarian in its programs, admission policies, employment practices, and all other operations, and will not be operated by a sectarian school or religious institution. (d) The school will comply with sections 9.90, 9.91, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , and and Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and of the Revised Code as if it were a school district and will comply with section of the Revised Code in the manner specified in section of the Revised Code. (e) The school shall comply with Chapter 102. and section of the Revised Code. (f) The school will comply with sections , , and of the Revised Code, except that for students who enter ninth grade for the first time before July 1, 2010, the requirement in sections and of the Revised Code that a person must successfully complete the curriculum in any high school prior to receiving a high school diploma may be met by completing the curriculum adopted by the governing authority of the community school rather than the curriculum specified in Title XXXIII of

18 2526 HOUSE JOURNAL, THURSDAY, DECEMBER 27, 2018 the Revised Code or any rules of the state board of education. Beginning with students who enter ninth grade for the first time on or after July 1, 2010, the requirement in sections and of the Revised Code that a person must successfully complete the curriculum of a high school prior to receiving a high school diploma shall be met by completing the requirements prescribed in division (C) of section of the Revised Code, unless the person qualifies under division (D) or (F) of that section. Each school shall comply with the plan for awarding high school credit based on demonstration of subject area competency, and beginning with the school year, with the updated plan that permits students enrolled in seventh and eighth grade to meet curriculum requirements based on subject area competency adopted by the state board of education under divisions (J) (1) and (2) of section of the Revised Code. Beginning with the school year, the school shall comply with the framework for granting units of high school credit to students who demonstrate subject area competency through work-based learning experiences, internships, or cooperative education developed by the department under division (J)(3) of section of the Revised Code. (g) The school governing authority will submit within four months after the end of each school year a report of its activities and progress in meeting the goals and standards of divisions (A)(3) and (4) of this section and its financial status to the sponsor and the parents of all students enrolled in the school. (h) The school, unless it is an internet- or computer-based community school, will comply with section of the Revised Code as if it were a school district. (i) If the school is the recipient of moneys from a grant awarded under the federal race to the top program, Division (A), Title XIV, Sections and of the "American Recovery and Reinvestment Act of 2009," Pub. L. No , 123 Stat. 115, the school will pay teachers based upon performance in accordance with section and will comply with section of the Revised Code as if it were a school district. (j) If the school operates a preschool program that is licensed by the department of education under sections to of the Revised Code, the school shall comply with sections to of the Revised Code and the minimum standards for preschool programs prescribed in rules adopted by the state board under section of the Revised Code. (k) The school will comply with sections and of the Revised Code as if it were a school district unless it is either of the following: (i) An internet- or computer-based community school;

19 HOUSE JOURNAL, THURSDAY, DECEMBER 27, (ii) A community school in which a majority of the enrolled students are children with disabilities as described in division (A)(4)(b) of section of the Revised Code. (12) Arrangements for providing health and other benefits to employees; (13) The length of the contract, which shall begin at the beginning of an academic year. No contract shall exceed five years unless such contract has been renewed pursuant to division (E) of this section. (14) The governing authority of the school, which shall be responsible for carrying out the provisions of the contract; (15) A financial plan detailing an estimated school budget for each year of the period of the contract and specifying the total estimated per pupil expenditure amount for each such year. (16) Requirements and procedures regarding the disposition of employees of the school in the event the contract is terminated or not renewed pursuant to section of the Revised Code; (17) Whether the school is to be created by converting all or part of an existing public school or educational service center building or is to be a new start-up school, and if it is a converted public school or service center building, specification of any duties or responsibilities of an employer that the board of education or service center governing board that operated the school or building before conversion is delegating to the governing authority of the community school with respect to all or any specified group of employees provided the delegation is not prohibited by a collective bargaining agreement applicable to such employees; (18) Provisions establishing procedures for resolving disputes or differences of opinion between the sponsor and the governing authority of the community school; (19) A provision requiring the governing authority to adopt a policy regarding the admission of students who reside outside the district in which the school is located. That policy shall comply with the admissions procedures specified in sections and of the Revised Code and, at the sole discretion of the authority, shall do one of the following: (a) Prohibit the enrollment of students who reside outside the district in which the school is located; (b) Permit the enrollment of students who reside in districts adjacent to the district in which the school is located; (c) Permit the enrollment of students who reside in any other district in the state. (20) A provision recognizing the authority of the department of

20 2528 HOUSE JOURNAL, THURSDAY, DECEMBER 27, 2018 education to take over the sponsorship of the school in accordance with the provisions of division (C) of section of the Revised Code; (21) A provision recognizing the sponsor's authority to assume the operation of a school under the conditions specified in division (B) of section of the Revised Code; (22) A provision recognizing both of the following: (a) The authority of public health and safety officials to inspect the facilities of the school and to order the facilities closed if those officials find that the facilities are not in compliance with health and safety laws and regulations; (b) The authority of the department of education as the community school oversight body to suspend the operation of the school under section of the Revised Code if the department has evidence of conditions or violations of law at the school that pose an imminent danger to the health and safety of the school's students and employees and the sponsor refuses to take such action. (23) A description of the learning opportunities that will be offered to students including both classroom-based and non-classroom-based learning opportunities that is in compliance with criteria for student participation established by the department under division (H)(2) of section of the Revised Code; (24) The school will comply with sections and of the Revised Code, except that any action required to be taken by a school district pursuant to those sections shall be taken by the sponsor of the school. However, the sponsor shall not be required to take any action described in division (F) of section of the Revised Code. (25) Beginning in the school year, the school will open for operation not later than the thirtieth day of September each school year, unless the mission of the school as specified under division (A)(2) of this section is solely to serve dropouts. In its initial year of operation, if the school fails to open by the thirtieth day of September, or within one year after the adoption of the contract pursuant to division (D) of section of the Revised Code if the mission of the school is solely to serve dropouts, the contract shall be void. (26) Whether the school's governing authority is planning to seek designation for the school as a STEM school equivalent under section of the Revised Code; (27) That the school's attendance and participation policies will be available for public inspection; (28) That the school's attendance and participation records shall be made available to the department of education, auditor of state, and school's

21 HOUSE JOURNAL, THURSDAY, DECEMBER 27, sponsor to the extent permitted under and in accordance with the "Family Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended, and any regulations promulgated under that act, and section of the Revised Code; (29) If a school operates using the blended learning model, as defined in section of the Revised Code, all of the following information: used; (a) An indication of what blended learning model or models will be (b) A description of how student instructional needs will be determined and documented; (c) The method to be used for determining competency, granting credit, and promoting students to a higher grade level; (d) The school's attendance requirements, including how the school will document participation in learning opportunities; (e) A statement describing how student progress will be monitored; (f) A statement describing how private student data will be protected; (g) A description of the professional development activities that will be offered to teachers. (30) A provision requiring that all moneys the school's operator loans to the school, including facilities loans or cash flow assistance, must be accounted for, documented, and bear interest at a fair market rate; (31) A provision requiring that, if the governing authority contracts with an attorney, accountant, or entity specializing in audits, the attorney, accountant, or entity shall be independent from the operator with which the school has contracted. (32) A provision requiring the governing authority to adopt an enrollment and attendance policy that requires a student's parent to notify the community school in which the student is enrolled when there is a change in the location of the parent's or student's primary residence. (33) A provision requiring the governing authority to adopt a student residence and address verification policy for students enrolling in or attending the school. (B) The community school shall also submit to the sponsor a comprehensive plan for the school. The plan shall specify the following: (1) The process by which the governing authority of the school will be selected in the future; (2) The management and administration of the school; (3) If the community school is a currently existing public school or educational service center building, alternative arrangements for current

22 2530 HOUSE JOURNAL, THURSDAY, DECEMBER 27, 2018 public school students who choose not to attend the converted school and for teachers who choose not to teach in the school or building after conversion; (4) The instructional program and educational philosophy of the school; (5) Internal financial controls. When submitting the plan under this division, the school shall also submit copies of all policies and procedures regarding internal financial controls adopted by the governing authority of the school. (C) A contract entered into under section of the Revised Code between a sponsor and the governing authority of a community school may provide for the community school governing authority to make payments to the sponsor, which is hereby authorized to receive such payments as set forth in the contract between the governing authority and the sponsor. The total amount of such payments for monitoring, oversight, and technical assistance of the school shall not exceed three per cent of the total amount of payments for operating expenses that the school receives from the state. (D) The contract shall specify the duties of the sponsor which shall be in accordance with the written agreement entered into with the department of education under division (B) of section of the Revised Code and shall include the following: (1) Monitor the community school's compliance with all laws applicable to the school and with the terms of the contract; (2) Monitor and evaluate the academic and fiscal performance and the organization and operation of the community school on at least an annual basis; (3) Report on an annual basis the results of the evaluation conducted under division (D)(2) of this section to the department of education and to the parents of students enrolled in the community school; (4) Provide technical assistance to the community school in complying with laws applicable to the school and terms of the contract; (5) Take steps to intervene in the school's operation to correct problems in the school's overall performance, declare the school to be on probationary status pursuant to section of the Revised Code, suspend the operation of the school pursuant to section of the Revised Code, or terminate the contract of the school pursuant to section of the Revised Code as determined necessary by the sponsor; (6) Have in place a plan of action to be undertaken in the event the community school experiences financial difficulties or closes prior to the end of a school year.

23 HOUSE JOURNAL, THURSDAY, DECEMBER 27, (E) Upon the expiration of a contract entered into under this section, the sponsor of a community school may, with the approval of the governing authority of the school, renew that contract for a period of time determined by the sponsor, but not ending earlier than the end of any school year, if the sponsor finds that the school's compliance with applicable laws and terms of the contract and the school's progress in meeting the academic goals prescribed in the contract have been satisfactory. Any contract that is renewed under this division remains subject to the provisions of sections , , and of the Revised Code. (F) If a community school fails to open for operation within one year after the contract entered into under this section is adopted pursuant to division (D) of section of the Revised Code or permanently closes prior to the expiration of the contract, the contract shall be void and the school shall not enter into a contract with any other sponsor. A school shall not be considered permanently closed because the operations of the school have been suspended pursuant to section of the Revised Code. Sec A community school, community school governing authority, or community school employee is not liable in damages in a civil action for injury, death, or loss to person or property allegedly arising from a community school employee's action or inaction in good faith compliance with section of the Revised Code. This section does not eliminate, limit, or reduce any other immunity or defense that a community school, community school governing authority, or community school employee may be entitled to under Chapter or any other provision of the Revised Code or under the common law of this state." In line 94, delete "in developing the standards for teacher" and insert "with issues pertaining to educator" After line 96, insert: "Sec (A)(1) Within one hundred twenty minutes after the beginning of each school day, the attendance officer, attendance officer's assistant for each individual school building, or other person the attendance officer designates to take attendance for each school building shall make at least one attempt to contact, in accordance with division (A)(2) of this section, the parent, guardian, or other person having care of any student who was absent without legitimate excuse from the school the student is required to attend as of the beginning of that school day. (2) An attempt to contact a student's parent, guardian, or other person having care of the student shall be made through one of the following methods: (a) A telephone call placed in person; (b) An automated telephone call via a system that includes

24 2532 HOUSE JOURNAL, THURSDAY, DECEMBER 27, 2018 verification that each call was actually placed, and either the call was answered by its intended recipient or a voice mail message was left by the automated system relaying the required information; (c) A notification sent through the school's automated student information system; (d) A text-based communication sent to the parent's, guardian's, or other person's electronic wireless communications device, as defined in division (G)(1) of section of the Revised Code; (e) A notification sent to the electronic mail address of the parent, guardian, or other person; (f) A visit, in person, to the student's residence of record; (g) Any other notification procedure that has been adopted by resolution of the board of education of a school district. (B) If the parent, guardian, or other person having care of a student initiates a telephone call or other communication notifying the school or building administration of the student's excused or unexcused absence within one hundred twenty minutes after the beginning of the school day, the school is under no further obligation with respect to the requirement prescribed in division (A) of this section. (C) A school district, or any officer, director, employee, or member of the school district board of education is not liable in damages in a civil action for injury, death, or loss to person or property allegedly arising from an employee's action or inaction in good faith compliance with this section. This section does not eliminate, limit, or reduce any other immunity or defense that a person may be entitled to under Chapter or any other provision of the Revised Code or under the common law of this state. (D) This section does not apply to either of the following: (1) Students who are in home-based, online, or internet- or computerbased instruction; (2) Instances where a student was not expected to be in attendance at a particular school building due to that student's participation in off-campus activities, including but not limited to participation in the college credit plus program established under Chapter of the Revised Code. Sec Each science, technology, engineering, and mathematics school established under this chapter and its governing body shall comply with sections 9.90, 9.91, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,