OHIO House of Representatives

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1 JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES OHIO House of Representatives JOURNAL TUESDAY, NOVEMBER 30, 2004

2 2300 TWO HUNDRED THIRTY-EIGHTH DAY Hall of the House of Representatives, Columbus, Ohio Tuesday, November 30, 2004 at 11:00 o'clock a.m. The House met pursuant to adjournment. Prayer was offered by Minister Jason Ridgeway of The Church of Christ at Rio Grande in Vinton, Ohio, followed by the Pledge of Allegiance to the Flag. The journal of the previous legislative day was read and approved. The following guests of the House of Representatives were recognized by Speaker Householder prior to the commencement of business: Heather Daugherty, a guest of Representative J. Stewart-92nd district. Gordon Longshaw, a guest of Representative Wilson-96th district. Debbie and Jim Newcohb, Joe Horoski, John and Andrew Smolen, guests of Representative Distel-99th district. CONSIDERATION OF SENATE AMENDMENTS The Senate amendments to Sub. H. B. No. 350-Representative Gibbs, et al., were taken up for consideration. Sub. H. B. No. 350-Representatives Gibbs, Wagner, Setzer, Seitz, Husted, Williams, Hollister, Young, C. Evans, Webster, Hagan, Martin, Aslanides, McGregor, Collier, Allen, Raussen, Faber, Schaffer, Seaver, Widener, Latta, Core, Willamowski, Book, Buehrer, Calvert, Carmichael, Cates, Clancy, Daniels, Distel, Domenick, D. Evans, Flowers, Gilb, Harwood, Hoops, Hughes, Niehaus, T. Patton, Peterson, Raga, Reidelbach, Reinhard, Schlichter, Schneider, Sferra, G. Smith, J. Stewart, Taylor, Trakas, Walcher, White, Wilson, Wolpert. -Senators Goodman, Stivers, Amstutz, Austria, Spada, Wachtmann, Carey, Coughlin, Hottinger, Mumper, Nein, Harris, White. To amend sections , , , , , , , , , , , , , , , , , , , , , , , , , , , , and ; to enact sections , , , , , , and ; and to repeal sections , , , , , and of the Revised Code to provide a qualified immunity from civil damages to a manufacturer, seller, or supplier of a food or a nonalcoholic beverage for a claim of weight gain, obesity, or a related physical or mental health condition resulting from the consumption of the food or nonalcoholic beverage unless certain circumstances are proven by a claimant; to prohibit imputing any assurances or assumption of liability regarding public access to premises used for growing agricultural produce; to preclude assumption of liability regarding the use of recreational trails; to modify the provisions on

3 2301 frivolous conduct in filing civil actions; to make changes related to the award of certain damages, collateral benefits evidence, and contributory fault in tort actions; to establish a statute of repose for certain product liability claims and claims based on unsafe conditions of real property improvements and to make other changes related to product liability claims; to provide that the product liability statutes are intended to abrogate common law product liability causes of action; to enact a conflicts of law provision for statutes of limitation in civil actions; to enact a legal consumer's bill of rights; to limit attorney contingency fees in connection with certain tort actions; to provide that a plaintiff generally may include only two defendants in an original tort action complaint; to request the Supreme Court to obtain data regarding frivolous conduct awards; and to make other changes related to civil actions. The question being, "Shall the Senate amendments be concurred in?" The yeas and nays were taken and resulted - yeas 3, nays 87, as follows: Representatives Cates, Kearns, and Widener voted in the affirmative-3. Those who voted in the negative were: Representatives Allen Blasdel Buehrer Carmichael Combs DeWine Evans C. Gibbs Hartnett Hughes Kilbane Mason Oelslager Perry Raussen Schaffer Seaver Smith G. Strahorn Ujvagi White Wolpert Aslanides Boccieri Callender Chandler Core Distel Faber Gilb Harwood Husted Koziura McGregor Olman Peterson Redfern Schlichter Seitz Smith S. Sykes Wagner Widowfield Yates Barrett Book Calvert Clancy Daniels Domenick Fessler Grendell Hollister Jerse Latta Miller Otterman Price Reidelbach Schmidt Setzer Stewart D. Taylor Walcher Willamowski Beatty Brinkman Carano Collier DeGeeter Driehaus Flowers Hagan Hoops Key Martin Niehaus Patton T. Raga Reinhard Schneider Skindell Stewart J. Trakas Webster Wilson Householder-87. The Senate amendments were not concurred in. Representative Gibbs moved to amend the title as follows: Remove the names: "Book, Distel, Harwood, Wilson." The motion was agreed to and the title so amended. The title as amended was agreed to. The Senate amendments to Sub. H. B. No. 30-Representative Williams, et al., were taken up for consideration.

4 2302 Sub. H. B. No. 30-Representatives Williams, Kearns, Calvert, Flowers, S. Patton, Perry, Price, Reinhard, Schlichter, Widowfield, Carano, Distel, Driehaus, C. Evans, D. Evans, T. Patton, Peterson, Redfern, Setzer, Sferra, Taylor. -Senators Mallory, Brady, DiDonato, Fingerhut, Hagan, Harris, Hottinger, Prentiss, Fedor. To amend sections , , , , , and of the Revised Code to permit a local authority to consider for purposes of the Local Noncriminal Parking Law a fine of $250 to $500 for a violation of an ordinance, resolution, or regulation that regulates the standing or parking of a vehicle in a disability parking space, to provide that if a person fails to pay a fine for such a violation that person may not be permitted to register a motor vehicle in that person's name, and to establish retention and other guidelines for documentation of misdemeanor convictions. The question being, "Shall the Senate amendments be concurred in?" The yeas and nays were taken and resulted - yeas 87, nays 3, as follows: Those who voted in the affirmative were: Representatives Allen Blasdel Callender Cates Combs DeWine Evans C. Gilb Hollister Jerse Koziura McGregor Olman Peterson Redfern Schlichter Seitz Smith S. Sykes Wagner Widener Wolpert Aslanides Boccieri Calvert Chandler Core Distel Faber Grendell Hoops Kearns Latta Miller Otterman Price Reidelbach Schmidt Setzer Stewart D. Taylor Walcher Widowfield Yates Barrett Book Carano Clancy Daniels Domenick Flowers Hartnett Hughes Key Martin Niehaus Patton T. Raga Reinhard Schneider Skindell Stewart J. Trakas Webster Willamowski Beatty Buehrer Carmichael Collier DeGeeter Driehaus Gibbs Harwood Husted Kilbane Mason Oelslager Perry Raussen Schaffer Seaver Smith G. Strahorn Ujvagi White Wilson Householder-87. Representatives Brinkman, Fessler, and Hagan voted in the negative-3. The Senate amendments were concurred in. The Senate amendments to Sub. H. B. No. 316-Representative Wolpert, et al., were taken up for consideration. Sub. H. B. No. 316-Representatives Wolpert, McGregor, Hughes, Reidelbach, Cirelli, Raussen, Kearns, Williams, Latta, Brinkman, Seitz, Willamowski, D. Evans, Widener, Aslanides, Buehrer, Calvert, Carmichael,

5 2303 Chandler, Collier, Daniels, Domenick, C. Evans, Faber, Flowers, Gibbs, Gilb, Hagan, Hollister, Niehaus, Olman, T. Patton, Reinhard, Schaffer, Schmidt, Schneider, Setzer, Sferra, G. Smith, J. Stewart, Walcher, Young. -Senators Austria, Harris, Spada. To amend sections 9.87, , , and and to enact sections and of the Revised Code to provide sheriffs, deputy sheriffs, municipal police officers, and county and municipal correctional officers with qualified immunity from damages caused or suffered by county or municipal prisoners or adult offenders imprisoned for offenses other than felonies of the first or second degree who are working on a work detail and volunteered for the work detail; to provide counties and municipal corporations in which such prisoners or offenders work on a work detail and that employ the sheriff, deputy sheriff, or officer and townships in which such prisoners work on a work detail with a similar qualified immunity; to adopt the "public duty rule" for lawsuits against the state in the Court of Claims pursuant to which the state generally is immune from liability in any civil action or proceeding involving the performance or nonperformance of a public duty; and to provide radio stations, television systems, cable systems, and their officials and employees with immunity from damages related to the broadcast or cablecast, or failure to broadcast or cablecast, information under an Amber Alert program. The question being, "Shall the Senate amendments be concurred in?" The yeas and nays were taken and resulted - yeas 79, nays 11, as follows: Those who voted in the affirmative were: Representatives Allen Book Calvert Chandler Core Distel Faber Gilb Harwood Husted Koziura Niehaus Patton T. Raussen Schaffer Seaver Stewart D. Ujvagi White Wilson Aslanides Brinkman Carano Clancy Daniels Domenick Fessler Grendell Hollister Jerse Latta Oelslager Perry Redfern Schlichter Seitz Stewart J. Wagner Widener Wolpert Blasdel Buehrer Carmichael Collier DeGeeter Driehaus Flowers Hagan Hoops Kearns Martin Olman Peterson Reidelbach Schmidt Setzer Taylor Walcher Widowfield Those who voted in the negative were: Representatives Boccieri Callender Cates Combs DeWine Evans C. Gibbs Hartnett Hughes Kilbane McGregor Otterman Raga Reinhard Schneider Smith G. Trakas Webster Willamowski Householder-79.

6 2304 Barrett Miller Strahorn Beatty Price Sykes Key Skindell Mason Smith S. Yates-11. The Senate amendments were concurred in. The Senate amendments to Sub. H. B. No. 383-Representative Walcher, et al., were taken up for consideration. Sub. H. B. No. 383-Representatives Walcher, D. Evans, Aslanides, Wagner, McGregor, Reidelbach, Fessler, Price, Wolpert, Olman, Kearns, Setzer, Webster, Hagan, Collier, Schaffer, Widener, Distel, Barrett, Beatty, Carano, Carmichael, Chandler, Cirelli, DeGeeter, Domenick, C. Evans, Flowers, Gilb, Harwood, Hollister, Hughes, Jerse, Latta, Mason, Miller, Niehaus, Otterman, S. Patton, Perry, Reinhard, Schmidt, Schneider, Sferra, Slaby, G. Smith, S. Smith, D. Stewart, J. Stewart, Taylor, White, Wilson, Woodard. -Senators Schuler, Amstutz, Austria, Mumper. To amend section and to enact section of the Revised Code to prohibit a person from transmitting multiple commercial electronic mail messages, falsifying routing information in those messages, falsifying registration information for multiple electronic mail accounts, or falsifying the right to use five or more internet protocol addresses, and to prohibit unauthorized access to a computer to transmit multiple commercial electronic mail messages. The question being, "Shall the Senate amendments be concurred in?" The yeas and nays were taken and resulted - yeas 89, nays 1, as follows: Those who voted in the affirmative were: Representatives Allen Blasdel Buehrer Carmichael Collier DeGeeter Driehaus Flowers Hagan Hoops Kearns Latta Miller Otterman Price Reinhard Schneider Skindell Stewart J. Trakas Webster Aslanides Boccieri Callender Cates Combs DeWine Evans C. Gibbs Hartnett Hughes Key Martin Niehaus Patton T. Raga Schaffer Seaver Smith G. Strahorn Ujvagi White Barrett Book Calvert Chandler Core Distel Faber Gilb Harwood Husted Kilbane Mason Oelslager Perry Raussen Schlichter Seitz Smith S. Sykes Wagner Widener Beatty Brinkman Carano Clancy Daniels Domenick Fessler Grendell Hollister Jerse Koziura McGregor Olman Peterson Reidelbach Schmidt Setzer Stewart D. Taylor Walcher Widowfield

7 Willamowski Wilson Wolpert 2305 Yates Householder-89. Representative Redfern voted in the negative-1. The Senate amendments were concurred in. The Senate amendments to Am. Sub. H. B. No. 431-Representative Schneider, et al., were taken up for consideration. Am. Sub. H. B. No. 431-Representatives Schneider, Clancy, Peterson, Hollister, Schmidt, Seitz, Carmichael, Carano, Aslanides, Beatty, Flowers, Barrett, Daniels, Chandler, Gilb, Kearns, Koziura, McGregor, Miller, Olman, Strahorn, Skindell, Woodard, Sferra, Allen, Brown, Cirelli, DeBose, Domenick, C. Evans, Grendell, Key, Oelslager, S. Patton, T. Patton, Price, Slaby, Ujvagi, Wilson. -Senators Carey, Hottinger, Fingerhut, Prentiss, Miller, Mallory, Harris, DiDonato, Zurz, Roberts. To amend sections 9.98, 9.981, 9.982, , , , , , , , , , , , , , , , , , , , , , , , and , to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections (175.09), (175.10), (174.02), (174.03), (174.04), (174.05), (174.06), and (174.07), to enact new sections to and to and sections and , and to repeal sections , , , , , , , , , , , , , and of the Revised Code to remove the Ohio Housing Finance Agency from the Department of Development, making the Ohio Housing Finance Agency an independent agency, and to make other changes to the Ohio Housing Finance Agency Law; to make certain alternate provisions of the bond issuance law applicable to bonds issued under the Uniform Public Securities Law, to amend the definition of interest rate hedge to allow a requirement that an issuer issue bonds at a future date, and to add to certain financing and credit enhancement techniques applicable to bonds, authority for the bond proceedings to provide for the proceeds from the sale of bonds to be held in escrow and invested in United States government securities and used for the purpose of retiring the bonds or other obligations of the bond issuer; and to authorize certain port authorities to establish linked deposit programs and participate in the Housing Linked Deposit Program. The question being, "Shall the Senate amendments be concurred in?" The yeas and nays were taken and resulted - yeas 90, nays 0, as follows: Those who voted in the affirmative were: Representatives Allen Blasdel Buehrer Carmichael Aslanides Boccieri Callender Cates Barrett Book Calvert Chandler Beatty Brinkman Carano Clancy

8 2306 Collier DeGeeter Driehaus Flowers Hagan Hoops Kearns Latta Miller Otterman Price Reidelbach Schmidt Setzer Stewart D. Taylor Walcher Widowfield Yates Combs DeWine Evans C. Gibbs Hartnett Hughes Key Martin Niehaus Patton T. Raga Reinhard Schneider Skindell Stewart J. Trakas Webster Willamowski Core Distel Faber Gilb Harwood Husted Kilbane Mason Oelslager Perry Raussen Schaffer Seaver Smith G. Strahorn Ujvagi White Wilson Daniels Domenick Fessler Grendell Hollister Jerse Koziura McGregor Olman Peterson Redfern Schlichter Seitz Smith S. Sykes Wagner Widener Wolpert Householder-90. The Senate amendments were concurred in. MOTIONS AND RESOLUTIONS Representative Cates moved that House Rules be suspended and that the following resolution be brought up for immediate adoption, read in full, and spread upon the pages of the Journal: H.R. No Speaker Householder et al. IN MEMORY OF SAM LANDES. The question being, "Shall motion to suspend House Rules be agreed to?" The yeas and nays were taken and resulted - yeas 90, nays 0, as follows: Those who voted in the affirmative were: Representatives Allen Blasdel Buehrer Carmichael Collier DeGeeter Driehaus Flowers Hagan Hoops Kearns Latta Miller Otterman Price Reidelbach Schmidt Aslanides Boccieri Callender Cates Combs DeWine Evans C. Gibbs Hartnett Hughes Key Martin Niehaus Patton T. Raga Reinhard Schneider Barrett Book Calvert Chandler Core Distel Faber Gilb Harwood Husted Kilbane Mason Oelslager Perry Raussen Schaffer Seaver Beatty Brinkman Carano Clancy Daniels Domenick Fessler Grendell Hollister Jerse Koziura McGregor Olman Peterson Redfern Schlichter Seitz

9 Setzer Stewart D. Taylor Walcher Widowfield Yates Skindell Stewart J. Trakas Webster Willamowski Smith G. Strahorn Ujvagi White Wilson 2307 Smith S. Sykes Wagner Widener Wolpert Householder-90. The motion was agreed to. The question being on the adoption of the resolution, reading as follows: H. R. No. 273-Speaker Householder, Representatives Redfern, Allen, Aslanides, Barrett, Beatty, Blasdel, Boccieri, Book, Brinkman, Brown, Buehrer, Callender, Calvert, Carano, Carmichael, Cates, Chandler, Cirelli, Clancy, Collier, Combs, Core, Daniels, DeBose, DeGeeter, DeWine, Distel, Domenick, Driehaus, C. Evans, D. Evans, Faber, Fessler, Flowers, Gibbs, Gilb, Grendell, Hagan, Hartnett, Harwood, Hollister, Hoops, Hughes, Husted, Jerse, Kearns, Key, Kilbane, Koziura, Latta, Martin, Mason, McGregor, Miller, Niehaus, Oelslager, Olman, Otterman, S. Patton, T. Patton, Perry, Peterson, Price, Raga, Raussen, Reidelbach, Reinhard, Schaffer, Schlichter, Schmidt, Schneider, Seaver, Seitz, Setzer, Sferra, Skindell, Slaby, G. Smith, S. Smith, D. Stewart, J. Stewart, Strahorn, Sykes, Taylor, Trakas, Ujvagi, Wagner, Walcher, Webster, White, Widener, Widowfield, Willamowski, Wilson, Wolpert, Woodard, Yates, Young. In memory of Sam Landes. WHEREAS, The members of the House of Representatives of the 125th General Assembly of Ohio were deeply saddened to learn of the death of Sam Landes and extend our heartfelt condolences to his family and friends; and WHEREAS, Sam Landes left an indelible impression on the people whose lives he touched, and he will be remembered as a spirited individual who contributed immeasurably to the world around him. A U.S. Army Air Corps veteran of World War II, he was a carnival barker and tombstone salesman before becoming a certified life underwriter, and he worked for the Northwestern Mutual Insurance Company for thirty-seven years until his retirement. Previously elected to London City Council, he served as a member of the Ohio House of Representatives from 1961 to 1967, and he was active with the Madison County Republican Central and Executive committees, the London Jaycees, AMVETS, the American Legion, the London Area Chamber of Commerce, Rotary International, Lions Clubs International, the St. Patrick's School Parent Teacher Organization, and Madison County Hospice; and WHEREAS, Sam Landes' regard for improving the quality of life in our society was clearly evident in his personal sacrifices of time and effort to his family, friends, and community. Giving generously of his energy and abilities in all of his endeavors, he displayed exceptional concern and insight, and his

10 2308 absence will be keenly felt; and WHEREAS, A loving husband to his wife, Kay, a devoted father to his five children, Mary Louise, Patty, Teresa, Lisa, and Mark, and the proud grandfather of ten grandchildren and six great-grandchildren, Sam Landes always used his talents to the benefit of others, and the laurels of his life stand as a tribute not only to him but also to those he left behind. Although the void his death has created can never be filled, the legacy of care and commitment he established will surely live on. The world is a richer place for his having been in it, and he will be sorely missed; therefore be it RESOLVED, That we, the members of the House of Representatives of the 125th General Assembly of Ohio, in adopting this Resolution, express a profound sense of loss and sincere regret at the death of Sam Landes and, in so doing, pay tribute to the memory of a truly unique individual; and be it further RESOLVED, That the Clerk of the House of Representatives transmit a duly authenticated copy of this Resolution to the family of Sam Landes. The resolution was adopted. BILLS FOR THIRD CONSIDERATION Sub. S. B. No. 165-Senators Schuring, Schuler, Fedor, Dann, Harris. -Representatives D. Evans, Miller, S. Patton. To amend sections , , , , , , , , and and to enact section of the Revised Code to authorize liens that may be used to secure the performance of obligations by recipients of development loans and local property tax incentives, was taken up for consideration the third time. The question being, "Shall the bill pass?" The yeas and nays were taken and resulted - yeas 90, nays 0, as follows: Those who voted in the affirmative were: Representatives Allen Blasdel Buehrer Carmichael Collier DeGeeter Driehaus Flowers Hagan Hoops Kearns Latta Miller Otterman Price Aslanides Boccieri Callender Cates Combs DeWine Evans C. Gibbs Hartnett Hughes Key Martin Niehaus Patton T. Raga Barrett Book Calvert Chandler Core Distel Faber Gilb Harwood Husted Kilbane Mason Oelslager Perry Raussen Beatty Brinkman Carano Clancy Daniels Domenick Fessler Grendell Hollister Jerse Koziura McGregor Olman Peterson Redfern

11 2309 Reidelbach Schmidt Setzer Stewart D. Taylor Walcher Widowfield Yates Reinhard Schneider Skindell Stewart J. Trakas Webster Willamowski Schaffer Seaver Smith G. Strahorn Ujvagi White Wilson Schlichter Seitz Smith S. Sykes Wagner Widener Wolpert Householder-90. The bill passed. Representative Hagan moved to amend the title as follows: Add the names: "Hagan, Schmidt, Willamowski." The motion was agreed to and the title so amended. The title as amended was agreed to. Sub. S. B. No. 224-Senator Padgett. -Representative D. Evans. To amend sections , , , , , , , , , , , , , and of the Revised Code to permit any technical college that is not co-located with another institution of higher education to acquire housing and dining facilities and to permit the Governor to reappoint trustees of state universities and the Medical College of Ohio, was taken up for consideration the third time. The question being, "Shall the bill pass?" Representative J. Stewart moved to amend as follows: Between lines 459 and 460 insert: "(3) A technical college may not use division (A)(2) of this section to purchase any real property that the technical college is using as a dormitory as of the effective date of this amendment." The question being, "Shall the motion to amend be agreed to?" The motion was agreed to without objection. 11/30/04 The Honorable Larry Householder, Speaker The Ohio House of Representatives Columbus, Ohio Speaker Householder, Pursuant to House Rule No. 56, I respectfully request that I be excused from voting on Sub. S.B. No Senator Padgett, Representative D. Evans,

12 2310 because it might be construed that I have an interest in the legislation. Sincerely yours, /s/ BOB GIBBS State Representative Bob Gibbs 97th House District The request was granted. The question being, "Shall the bill as amended pass?" The yeas and nays were taken and resulted - yeas 78, nays 10, as follows: Those who voted in the affirmative were: Representatives Allen Boccieri Calvert Chandler Core Distel Faber Hagan Hughes Key Martin Oelslager Peterson Reidelbach Schmidt Setzer Strahorn Walcher Widowfield Yates Aslanides Book Carano Clancy Daniels Domenick Fessler Hartnett Husted Kilbane McGregor Olman Price Reinhard Schneider Smith G. Taylor Webster Willamowski Barrett Buehrer Carmichael Collier DeGeeter Driehaus Flowers Harwood Jerse Koziura Miller Otterman Raga Schaffer Seaver Stewart D. Ujvagi White Wilson Blasdel Callender Cates Combs DeWine Evans C. Gilb Hoops Kearns Latta Niehaus Patton T. Raussen Schlichter Seitz Stewart J. Wagner Widener Wolpert Householder-78. Those who voted in the negative were: Representatives Beatty Mason Sykes Brinkman Perry Grendell Redfern Hollister Skindell Trakas-10. The bill passed. Representative J. Stewart moved to amend the title as follows: Add the names: "Aslanides, Carano, Distel, Domenick, C. Evans." The motion was agreed to and the title so amended. The title as amended was agreed to. S. C. R. No. 22-Senator Wachtmann, Representatives Schneider, Hoops, Barrett. To approve the Public Health Council's proposed revision of Chapter of the Ohio Administrative Code establishing standards to be met by

13 2311 boards of health and local health departments and procedures for payment of state subsidies for meeting those standards, was taken up for consideration the third time. The question being, "Shall the concurrent resolution be adopted?" Representative White moved to amend the title as follows: Add the name: "Buehrer." The motion was agreed to and the title so amended. The title as amended was agreed to. The question being, "Shall the concurrent resolution be adopted?" The yeas and nays were taken and resulted - yeas 89, nays 1, as follows: Those who voted in the affirmative were: Representatives Allen Blasdel Buehrer Carmichael Collier DeGeeter Driehaus Flowers Hartnett Hughes Key Martin Niehaus Patton T. Raga Reinhard Schneider Skindell Stewart J. Trakas Webster Willamowski Aslanides Boccieri Callender Cates Combs DeWine Evans C. Gibbs Harwood Husted Kilbane Mason Oelslager Perry Raussen Schaffer Seaver Smith G. Strahorn Ujvagi White Wilson Barrett Book Calvert Chandler Core Distel Faber Gilb Hollister Jerse Koziura McGregor Olman Peterson Redfern Schlichter Seitz Smith S. Sykes Wagner Widener Wolpert Beatty Brinkman Carano Clancy Daniels Domenick Fessler Hagan Hoops Kearns Latta Miller Otterman Price Reidelbach Schmidt Setzer Stewart D. Taylor Walcher Widowfield Yates Householder-89. Representative Grendell voted in the negative-1. The concurrent resolution was adopted. MESSAGE FROM THE SPEAKER Pursuant to House Rules 12, 27 and 29, the Speaker hereby makes the following changes to standing committees: Agriculture and Natural Resources - remove Representative Seaver; appoint Representative Redfern as ranking minority member Criminal Justice - appoint Representative Seaver

14 2312 Education - appoint Representative Miller Health -appoint Representative Seaver Insurance - remove Representative Seaver; appoint Representative Beatty On motion of Representative Clancy, the House recessed. The House met pursuant to recess. Message from the Senate Mr. Speaker: I am directed to inform the House of Representatives that the Senate has passed the following bills in which the concurrence of the House is requested: Sub. S. B. No Senators Carey, Amstutz, Schuring To amend sections , , , , , , , , , , , , , , , , and ; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections ( ), ( ), and ( ); to enact new sections and and sections , , and of the Revised Code to modify the laws governing municipal hospitals. S. B. No Senators Coughlin, Harris, Mumper, Fedor, Fingerhut, Goodman, Schuler, Randy Gardner, Carey, Miller, Mallory, Amstutz, Dann, Hottinger, Roberts, Robert Gardner, Hagan, Jordan, Schuring, Wachtmann, Armbruster, Spada, Austria, White To enact section of the Revised Code to designate May as Ohio Cystic Fibrosis Awareness Month. Attest: Matthew T. Schuler, Clerk. Said bills were considered the first time. On motion of Representative Clancy, the House recessed. The House met pursuant to recess. Representative Seitz moved that the House revert to the fifth order of business, being reports of standing and select committees and bills for second consideration. The motion was agreed to.

15 2313 REPORTS OF STANDING AND SELECT COMMITTEES AND BILLS FOR SECOND CONSIDERATION Representative D. Stewart submitted the following report: The standing committee on State Government to which was referred Sub. S. B. No. 234-Senator Mumper, having had the same under consideration, reports it back as a substitute bill and recommends its passage. RE: ADJUTANT GENERAL - TRANSFER MILITARY PROPERTY JON M. PETERSON DAN STEWART LARRY L. FLOWERS JIM CARMICHAEL STEPHEN BUEHRER JAMES PETER TRAKAS PATRICIA M. CLANCY KEVIN DEWINE LANCE T. MASON The report was agreed to. The bill was ordered to be engrossed and placed on the calendar. Representative Yates submitted the following report: The standing committee on Criminal Justice to which was referred H. B. No. 536-Representative Schlichter, et al., having had the same under consideration, reports it back as a substitute bill and recommends its passage. RE: THEFT OF ANHYDROUS AMMONIA - FELONY 3 Representative Latta moved to amend the title as follows: Add the names: "Collier, Latta, Buehrer, Faber, Seaver, Grendell, Gilb." ROBERT E. LATTA THOM COLLIER JAMIE CALLENDER STEPHEN BUEHRER KEITH L. FABER CATHERINE L. BARRETT TYRONE K. YATES LANCE T. MASON MIKE GILB WILLIAM J. SEITZ DERRICK SEAVER ANNIE L. KEY EDWARD JERSE JOHN R. WILLAMOWSKI SHIRLEY A. SMITH TIMOTHY J. DEGEETER TIMOTHY J. GRENDELL The report was agreed to. The bill was ordered to be engrossed and placed on the calendar. Representative Hartnett submitted the following report: The standing committee on Education to which was referred H. B. No. 330-Representative Hartnett, et al., having had the same under consideration, reports it back as a substitute bill and recommends its passage.

16 2314 RE: SCHOOL ACHIEVEMENT TESTS - CHANGE DATES Representative Setzer moved to amend the title as follows: Add the names: "Setzer, C. Evans, Seaver, Chandler, Distel." ARLENE J. SETZER JAMES M. HOOPS CLYDE EVANS KENNETH A. CARANO DIANA M. FESSLER DALE MILLER STEVE REINHARD MARY TAYLOR WILLIAM J. HARTNETT MERLE GRACE KEARNS DERRICK SEAVER LINDA REIDELBACH TYRONE K. YATES L. GEORGE DISTEL SHAWN N. WEBSTER KATHLEEN CHANDLER The report was agreed to. The bill was ordered to be engrossed and placed on the calendar. Representative Hartnett submitted the following report: The standing committee on Education to which was referred H. B. No. 509-Representative Schlichter, et al., having had the same under consideration, reports it back and recommends its passage. RE: VIETNAM VETERANS - GRANT HIGH SCHOOL DIPLOMAS Representative Setzer moved to amend the title as follows: Add the names: "Setzer, Carano, Miller, Hoops, C. Evans, Fessler, Reidelbach, Chandler, Reinhard, Distel." ARLENE J. SETZER DERRICK SEAVER MERLE GRACE KEARNS WILLIAM J. HARTNETT KATHLEEN CHANDLER L. GEORGE DISTEL LINDA REIDELBACH SHAWN N. WEBSTER STEVE REINHARD CLYDE EVANS JAMES M. HOOPS KENNETH A. CARANO DALE MILLER TYRONE K. YATES DIANA M. FESSLER MARY TAYLOR The report was agreed to. The bill was ordered to be engrossed and placed on the calendar. Representative Wilson reported for the Rules and Reference Committee recommending that the following House Bills and Senate Bills be considered for the second time and referred to the following committees for consideration: H.B. No Representative Callender TO PROVIDE FOR THE ISSUANCE OF STATE IDENTIFICATION CARDS AT NO CHARGE TO MEDICAID RECIPIENTS

17 2315 To the committee on Health H.B. No Representative Ujvagi, et al TO CREATE A REFUNDABLE TAX CREDIT FOR NURSES WHO TEACH NURSING AT POSTSECONDARY EDUCATIONAL INSTITUTIONS AND TO DECLARE AN EMERGENCY To the committee on Ways and Means H.B. No Representative Hoops TO REQUIRE THE DEPARTMENT OF REHABILITATION AND CORRECTION TO ESTABLISH AND OPERATE AN INTERNET DATABASE THAT CONTAINS SPECIFIED OFFENSE, SENTENCE, AND RELEASE INFORMATION FOR EACH INMATE SERVING A PRISON TERM FOR CERTAIN DESIGNATED VIOLENCE-RELATED OR SEX-RELATED OFFENSES; TO GRANT ANY PERSON A RIGHT TO SUBMIT A WRITTEN STATEMENT REGARDING CERTAIN POSSIBLE RELEASES OR TRANSFERS OF ANY SUCH INMATE; TO REQUIRE THE JUDGE OR THE ADULT PAROLE AUTHORITY TO CONSIDER ANY SUCH STATEMENT PRIOR TO GRANTING OR RECOMMENDING THE RELEASE OR TRANSFER FOR ANY SUCH INMATE; AND TO SPECIFY THAT THESE PROVISIONS ARE TO BE KNOWN AS "LAURA'S LAW." To the committee on Criminal Justice Sub. S.B. No Senator Carey TO MODIFY THE LAWS GOVERNING MUNICIPAL HOSPITALS To the committee on Health Sub. S.B. No Senator Spada, et al TO CREATE THE OHIO VETERANS HALL OF FAME TO RECOGNIZE THE POST-MILITARY ACHIEVEMENTS OF OUTSTANDING VETERANS To the committee on County and Township Government GARY W. CATES JIM CARMICHAEL LARRY L. FLOWERS THOMAS F. PATTON JAMES PETER TRAKAS CHRIS REDFERN KENNETH A. CARANO CHARLES A. WILSON CHARLES CALVERT PATRICIA M. CLANCY JIM HUGHES JOHN SCHLICHTER KATHLEEN WALCHER JOYCE BEATTY ROBERT J. OTTERMAN Representative Seitz moved that the House and constitutional Rules requiring bills to be considered by each house on three different days be suspended as to the second consideration of all House bills and Senate bills contained in the report of the committee on Rules and Reference. The motion was agreed to without objection.

18 2316 MOTIONS AND RESOLUTIONS Representative Wilson reported for the Rules and Reference Committee recommending that the following House Resolutions be read by title only and approved: H.R. No Speaker Householder, Representatives Redfern, Allen, Aslanides, Barrett, Beatty, Blasdel, Boccieri, Book, Brinkman, Brown, Buehrer, Callender, Calvert, Carano, Carmichael, Cates, Chandler, Cirelli, Clancy, Collier, Combs, Core, Daniels, DeBose, DeGeeter, DeWine, Distel, Domenick, Driehaus, C. Evans, D. Evans, Faber, Fessler, Flowers, Gibbs, Gilb, Grendell, Hagan, Hartnett, Harwood, Hollister, Hoops, Hughes, Husted, Jerse, Kearns, Key, Kilbane, Koziura, Latta, Martin, Mason, McGregor, Miller, Niehaus, Oelslager, Olman, Otterman, S. Patton, T. Patton, Perry, Peterson, Price, Raga, Raussen, Reidelbach, Reinhard, Schaffer, Schlichter, Schmidt, Schneider, Seaver, Seitz, Setzer, Sferra, Skindell, G. Smith, S. Smith, D. Stewart, J. Stewart, Strahorn, Sykes, Taylor, Trakas, Ujvagi, Wagner, Walcher, Webster, White, Widener, Widowfield, Willamowski, Wilson, Wolpert, Woodard, Yates, Young HONORING REPRESENTATIVE MARILYN SLABY ON HER SERVICE TO THE OHIO HOUSE OF REPRESENTATIVES H.R. No Speaker Householder, Representatives Redfern, Allen, Aslanides, Barrett, Beatty, Blasdel, Boccieri, Book, Brinkman, Brown, Buehrer, Callender, Calvert, Carano, Carmichael, Cates, Chandler, Cirelli, Clancy, Collier, Combs, Core, Daniels, DeBose, DeGeeter, DeWine, Distel, Domenick, Driehaus, C. Evans, D. Evans, Faber, Fessler, Flowers, Gibbs, Gilb, Grendell, Hagan, Hartnett, Harwood, Hollister, Hoops, Hughes, Husted, Jerse, Kearns, Key, Kilbane, Koziura, Latta, Martin, Mason, McGregor, Miller, Niehaus, Oelslager, Olman, Otterman, S. Patton, T. Patton, Perry, Peterson, Raga, Raussen, Reidelbach, Reinhard, Schaffer, Schlichter, Schmidt, Schneider, Seaver, Seitz, Setzer, Sferra, Skindell, Slaby, G. Smith, S. Smith, D. Stewart, J. Stewart, Strahorn, Sykes, Taylor, Trakas, Ujvagi, Wagner, Walcher, Webster, White, Widener, Widowfield, Willamowski, Wilson, Wolpert, Woodard, Yates, Young HONORING REPRESENTATIVE LARRY PRICE ON HIS SERVICE TO THE OHIO HOUSE OF REPRESENTATIVES H.R. No Speaker Householder, Representatives Redfern, Allen, Aslanides, Barrett, Beatty, Blasdel, Boccieri, Book, Brinkman, Brown, Buehrer, Callender, Calvert, Carano, Carmichael, Cates, Chandler, Cirelli, Clancy, Collier, Combs, Core, Daniels, DeBose, DeGeeter, DeWine, Distel, Domenick, Driehaus, C. Evans, D. Evans, Faber, Fessler, Flowers, Gibbs, Gilb, Grendell, Hagan, Hartnett, Harwood, Hollister, Hoops, Hughes, Husted, Jerse, Kearns, Key, Kilbane, Koziura, Latta,

19 2317 Martin, Mason, McGregor, Miller, Niehaus, Oelslager, Olman, Otterman, S. Patton, T. Patton, Perry, Peterson, Price, Raga, Raussen, Reidelbach, Reinhard, Schaffer, Schlichter, Schneider, Seaver, Seitz, Setzer, Sferra, Skindell, Slaby, G. Smith, S. Smith, D. Stewart, J. Stewart, Strahorn, Sykes, Taylor, Trakas, Ujvagi, Wagner, Walcher, Webster, White, Widener, Widowfield, Willamowski, Wilson, Wolpert, Woodard, Yates, Young HONORING REPRESENTATIVE JEAN SCHMIDT ON HER SERVICE TO THE OHIO HOUSE OF REPRESENTATIVES H.R. No Speaker Householder, Representatives Redfern, Allen, Aslanides, Barrett, Beatty, Blasdel, Boccieri, Book, Brinkman, Brown, Buehrer, Callender, Calvert, Carano, Carmichael, Cates, Chandler, Clancy, Collier, Combs, Core, Daniels, DeBose, DeGeeter, DeWine, Distel, Domenick, Driehaus, C. Evans, D. Evans, Faber, Fessler, Flowers, Gibbs, Gilb, Grendell, Hagan, Hartnett, Harwood, Hollister, Hoops, Hughes, Husted, Jerse, Kearns, Key, Kilbane, Koziura, Latta, Martin, Mason, McGregor, Miller, Niehaus, Oelslager, Olman, Otterman, S. Patton, T. Patton, Perry, Peterson, Price, Raga, Raussen, Reidelbach, Reinhard, Schaffer, Schlichter, Schmidt, Schneider, Seaver, Seitz, Setzer, Sferra, Skindell, Slaby, G. Smith, S. Smith, D. Stewart, J. Stewart, Strahorn, Sykes, Taylor, Trakas, Ujvagi, Wagner, Walcher, Webster, White, Widener, Widowfield, Willamowski, Wilson, Wolpert, Woodard, Yates, Young HONORING REPRESENTATIVE MARY M. CIRELLI ON HER SERVICE TO THE OHIO HOUSE OF REPRESENTATIVES /s/ GARY CATES Gary Cates, Vice Chair Representative Seitz moved that the Rules and Reference Committee Report on resolutions be agreed to and that the resolutions contained therein be approved. The motion was agreed to. Message from the Senate Mr. Speaker: 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 Representatives Buehrer, Widener, Olman, D. Evans, Kilbane, Hagan, Taylor, Flowers, Hughes, Martin, Schaffer, Setzer. Senators Mumper, Wachtmann, Blessing, Armbruster To amend sections , , , , , , , , , , , , , , , , , , , , , ,

20 , , , , , , , , , , and , to enact sections to and , and to repeal sections , , , and of the Revised Code to establish a state residential building code, to make other changes in the laws governing residential construction, and to establish a "right to cure" procedure under which a residential contractor may cure a defect prior to an owner commencing arbitration proceedings or a civil action. As a substitute bill with the following additional amendments, in which the concurrence of the House is requested: In line 60, delete "or code" In line 624, delete "Chapter of the Revised Code" and insert "This chapter" In line 633, delete "proceeding" and insert "proceedings" In lines 639 and 642, after "OR" insert "COMMENCE"; delete "PROCEEDING" and insert "PROCEEDINGS" In line 647, after "LAW" insert a comma In line 648, after "OR" insert "COMMENCE" In line 649, delete "PROCEEDING" and insert "PROCEEDINGS" In lines 680 and 698, delete "proceeding" and insert "proceedings" In line 681, after "apply" insert an underlined comma In lines 682, 706, and 731, delete "an"; delete "proceeding" and insert "proceedings" In lines 697, 753, and 763, delete "an" In lines 744 and 745, after "repair" insert "orreplacement" In line 750, delete "an" and insert "commencing" In lines 751, 754, and 764, delete "proceeding" and insert "proceedings" In line 765, after "action" insert "or those proceedings" In line 766, delete "that" and insert "a"; after "action" insert "or commence arbitration proceedings" In line 2472, after "health" insert a comma Attest: Matthew T. Schuler, Clerk. The Senate amendments were laid over under the Rule.

21 2319 Message from the Senate Mr. Speaker: I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill: Sub. H. B. No Representatives Schmidt, McGregor, Aslanides, Schaffer, Schneider, Raussen, Gilb, Collier, Willamowski, Latta, D. Evans, Callender, Carmichael, Cates, Chandler, Clancy, Daniels, Domenick, C. Evans, Flowers, Grendell, Hartnett, Hoops, Hughes, Jerse, Jolivette, Martin, Niehaus, Otterman, T. Patton, Raga, Reidelbach, Schlichter, Seaver, Seitz, Sferra, G. Smith, J. Stewart, Taylor, Wagner, Webster, Widener, Widowfield. Senators Goodman, Austria, Hottinger, Jacobson, Robert Gardner, Mumper, White To amend sections and of the Revised Code to permit the imposition of a sentence of life imprisonment without parole, life imprisonment with parole eligibility after serving 25 full years of imprisonment, or life imprisonment with parole eligibility after serving 30 full years of imprisonment when an offender is convicted of or pleads guilty to aggravated murder and is not charged with or convicted of an aggravating circumstance and to clarify and revise the procedures that govern the resentencing of a person sentenced to death whose sentence is set aside, nullified, or vacated. As a substitute bill, in which the concurrence of the House is requested: Attest: Matthew T. Schuler, Clerk. The Senate amendments were laid over under the Rule. Message from the Senate Mr. Speaker: I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill: Sub. H. B. No Representatives Willamowski, Schneider, Otterman, S. Patton, Flowers, Hagan, Price, Reidelbach, Schmidt, Beatty, Carano, Chandler, Cirelli, Clancy, Daniels, DePiero, Distel, Domenick, C. Evans, Hartnett, Harwood, Hollister, Hughes, Jolivette, Key, McGregor, Niehaus, T. Patton, Perry, Raussen, Redfern, Schaffer, Schlichter, Seitz, Sferra, J. Stewart, Sykes, Wagner, Widener, Widowfield.

22 2320 To amend sections , , , , , , , , , , , , , , , , and , to enact new section and section , and to repeal sections , , and of the Revised Code regarding the enforcement of child support orders and to declare an emergency. As a substitute bill, in which the concurrence of the House is requested. Attest: Matthew T. Schuler, Clerk. The Senate amendments were laid over under the Rule. Message from the Senate Mr. Speaker: I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill: Sub. H. B. No Representatives Niehaus, Seitz, McGregor, Barrett, Kearns, Husted, Setzer, Collier, Webster, Carano, Allen, Aslanides, Carmichael, Strahorn, Daniels, Domenick, Flowers, Hollister, Otterman, T. Patton, Wolpert. Senators Spada, Robert Gardner To amend sections , , , , , , , , , , , , , and and to enact sections , , , to , , and of the Revised Code to require the Public Health Council to adopt rules governing household sewage treatment systems and small flow on-site sewage treatment systems, to define and authorize boards of health to regulate small flow on-site sewage treatment systems, to create the Sewage Treatment System Technical Advisory Committee to advise the Director of Health on the approval or disapproval of new systems, to require the transferor of real property that is served by a sewage treatment system to provide on the real property disclosure form a statement that operation and maintenance information on the system is available from the Department of Health or the local board of health of the health district in which the system is located, and to establish other requirements governing sewage treatment systems. As a substitute bill, in which the concurrence of the House is requested:

23 Attest: 2321 Matthew T. Schuler, Clerk. The Senate amendments were laid over under the Rule. Message from the Senate Mr. Speaker: 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 Representatives Clancy, McGregor, Reidelbach, Setzer, C. Evans, Fessler, Latta, S. Patton, Kearns, Collier, Young, Seaver, Schmidt, Barrett, DeBose, S. Smith, Hoops, Cirelli, Price, Beatty, Harwood, Martin, Calvert, DeGeeter, Driehaus, Faber, Flowers, Gilb, Grendell, Hollister, Hughes, Perry, Schaffer, Schlichter. Senators Wachtmann, Blessing, Jacobson To amend section of the Revised Code regarding the information included on death certificates. Attest: Matthew T. Schuler, Clerk. On motion of Representative Seitz, the House adjourned until Wednesday, December 1, 2004 at 1:30 o'clock p.m. Attest: LAURA P. CLEMENS, Clerk.