OHIO. House of Representatives JOURNAL

Transcription

1 JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES OHIO House of Representatives JOURNAL WEDNESDAY, JUNE 28, 2017

2 HOUSE JOURNAL, WEDNESDAY, JUNE 28, SIXTY-THIRD DAY Hall of the House of Representatives, Columbus, Ohio Wednesday, June 28, 2017, 9:00 o'clock a.m. The House met pursuant to adjournment. Prayer was offered by Pastor Doug George of the First United Methodist Church in Salem, Ohio, 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: The Withrow University High School girls track and field team received H.R. 168, presented by Representatives Kelly-31st district, Reece-33rd district, and Ingram-32nd district. The Step 1 All Stars Pretty small junior team and the Step 1 All Stars Incredible small youth team received H.Rs. 144 and 145, respectively, presented by Representatives Lanese-23rd district, Hughes-24th district, and Scherer-92nd district. Colton Conkle received H.R. 142, presented by Representative Householder- 72nd district. Justin Moyer received H.R. 78, presented by Representative DeVitis-36th district. Representatives from Little Buckeye Children's Museum received H.R. 169, presented by Representative Romanchuk-2nd district. The FIRST Robotics Competition Team 1317 received H.R. 171, presented by Representatives Romanchuk-2nd district and Carfagna-68th district. The FIRST Robotics Competition Team 5413 received H.R. 172, presented by Representative Romanchuk-2nd district. Madeline Baker, a guest of Representative Lanese-23rd district. Jerry and Rosey Baker, guests of Representatives Kelly-31st district and Reece-33rd district. Laura Mitchell, a guest of Representative Reece-33rd district. Donald Redwood, a guest of Representative Manning-55th district. Holly Todd and Nelson and Dareanne Pond, guests of Representative Lipps- 62nd district. Morgan Skinner, a guest of Representative Goodman-87th district. Daniel Brudzinski, a guest of Representative Reineke-88th district. The journal of yesterday was read and approved.

3 632 HOUSE JOURNAL, WEDNESDAY, JUNE 28, 2017 Representative Schuring moved that the House advance to the sixth order of business, being motions and resolutions. The motion was agreed to. 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. 188-Speaker Rosenberger Relative to the election of Richard D. Brown to fill the vacancy in the membership of the House of Representatives created by the resignation of Heather Bishoff of the 20th 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 who are affiliated with the same political party as the person last elected to the seat which has become vacant; and WHEREAS, Heather Bishoff of the 20th House District, has resigned as a member of the House of Representatives of the 132nd General Assembly effective April 24, 2017, 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 Democrat party that Richard D. Brown, Democrat, 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 20th House District, is hereby elected, effective June 28, 2017, pursuant to Section 11 of Article II of the Ohio Constitution, as a member of the House of Representatives from the 20th House District, to fill the vacancy created by the unexpired portion of the term of said Heather Bishoff, 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 Democrat 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.

4 HOUSE JOURNAL, WEDNESDAY, JUNE 28, The question being, Shall the resolution be adopted? The yeas and nays were taken and resulted yeas 32, nays 0, as follows: Those who voted in the affirmative were: Representatives Antonio Ashford Barnes Boccieri Boggs Boyd Celebrezze Cera Clyde Craig Fedor Galonski Holmes Howse Ingram Kelly Kent Leland Lepore-Hagan Miller O'Brien Patmon Patterson Ramos Reece Rogers Sheehy Smith, K. Strahorn Sweeney Sykes West-32 The resolution was adopted. Richard D. Brown was escorted to the bar of the House by Representatives Boggs, Celebrezze, Craig, Kent, Leland, LaTourette, Patton, McColley, and Scherer, took the oath of office administered by Speaker Rosenberger, and entered upon the discharge of his duties. State of Ohio County of Franklin I, Richard D. Brown, 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/ RICHARD D. BROWN Richard D. Brown Sworn to and subscribed before me this 28th day of June, /s/ CLIFFORD A. ROSENBERGER Clifford A. Rosenberger Speaker District 91 Representative Schuring moved that the following resolution be read by title only and brought up for immediate adoption: H. R. No Speaker Rosenberger Honoring Lori Cline for outstanding service to the State of Ohio. The motion was agreed to.

5 634 HOUSE JOURNAL, WEDNESDAY, JUNE 28, 2017 The question being, Shall the resolution be adopted? The resolution was adopted. Representative Schuring moved that the House revert to the second order of business, being introduction of bills. The motion was agreed to. The following bills were introduced: INTRODUCTION OF BILLS H. B. No Representative Gavarone. Cosponsors: Representatives Wiggam, Riedel, Lipps, Smith, R., Ryan, Sprague, Schuring, Butler, Cupp, Arndt, Carfagna, Kick, LaTourette, Patton. To amend sections , , , , , , and of the Revised Code to enhance penalties for certain drug offenses committed in the vicinity of a community addiction services provider. H. B. No Representative Hagan. Cosponsors: Representatives Becker, Dean, Riedel, Vitale. To amend section of the Revised Code to allow owners of a motor vehicle, watercraft, or outboard motor who have joint ownership with right of survivorship to transfer title through a transfer-on-death designation. H. B. No Representative Merrin. Cosponsors: Representatives Brinkman, Becker, Dean, Roegner, Riedel, Koehler, Goodman, Schaffer, Wiggam, Keller, Zeltwanger. To amend sections , , , , and of the Revised Code to make changes with respect to the number of sick days provided to public employees. H. B. No Representative Merrin. To amend section of the Revised Code to enact the Lead Safety and Uniformity Act to provide that the state, acting through the Department of Health, has the sole and exclusive authority to compel, prohibit, license, or regulate lead abatement activities in Ohio. Said bills were considered the first time. REPORTS OF CONFERENCE COMMITTEES Representative Schuring moved that House Rule 66A, pertaining to conference committee reports carrying an appropriation, be suspended and that the report of the committee of Conference on Am. Sub. H. B. No. 49-

6 HOUSE JOURNAL, WEDNESDAY, JUNE 28, Representative Smith, R., et al., be taken up for immediate consideration. The question being, shall the motion be agreed to? The yeas and nays were taken and resulted yeas 89, nays 10, as follows: Those who voted in the affirmative were: Representatives Anielski Antani Antonio Arndt Ashford Barnes Becker Blessing Boggs Boyd Brenner Brinkman Brown Butler Carfagna Celebrezze Conditt Craig Cupp DeVitis Dever Duffey Edwards Faber Fedor Galonski Gavarone Ginter Gonzales Goodman Green Greenspan Hambley Henne Hill Holmes Householder Howse Huffman Hughes Ingram Johnson Keller Kelly Kent Kick Koehler LaTourette Landis Lanese Leland Lepore-Hagan Lipps Manning McColley Merrin Miller O'Brien Patterson Patton Pelanda Perales Reece Reineke Retherford Rezabek Riedel Roegner Rogers Romanchuk Ryan Schaffer Scherer Schuring Seitz Sheehy Slaby Smith, K. Smith, R. Sprague Stein Strahorn Sweeney Sykes Thompson West Wiggam Young Rosenberger-89 Those who voted in the negative were: Representatives Boccieri Cera Clyde Dean Hagan Hood Patmon Ramos Vitale Zeltwanger-10 The motion was agreed to. Representative Smith, R. submitted the following report: The committee of Conference to which the matters of difference between the two houses were referred on Am. Sub. H.B. No. 49, Representative Smith, R.- et al., having had the same under consideration, recommends to the respective houses as follows: The bill as passed by the Senate with the following amendments: Between lines and , insert: "(E) Of the foregoing appropriation item , Continuum of Care Services, $75,000 in each fiscal year shall be allocated to the Trauma Assistance Program located at Mt. Carmel West Hospital. The funds shall be used to provide treatment to victims of human trafficking or domestic violence or veterans suffering from post-traumatic events."

7 636 HOUSE JOURNAL, WEDNESDAY, JUNE 28, 2017 In line 95 of the title, after " ," insert " ,"; after " ," insert " ," In line 569, after " ," insert " ,"; after " ," insert " ," Between lines and 51334, insert: "Sec (A) As used in this section, "food processing establishment" means a premises or part of a premises where food is processed, packaged, manufactured, or otherwise held or handled for distribution to another location or for sale at wholesale. "Food processing establishment" includes the activities of a bakery, confectionery, cannery, bottler, warehouse, or distributor, and the activities of an entity that receives or salvages distressed food for sale or use as food. A "food processing establishment" does not include a cottage food production operation; a processor of maple syrup who boils sap when a minimum of seventy-five per cent of the sap used to produce the syrup is collected directly from trees by that processor; a processor of sorghum who processes sorghum juice when a minimum of seventy-five per cent of the sorghum juice used to produce the sorghum is extracted directly from sorghum plants by that processor; or a beekeeper who jars honey when a minimum of seventy-five per cent of the honey is from that beekeeper's own hives; or a processor of apple syrup or apple butter who directly harvests from trees a minimum of seventy-five per cent of the apples used to produce the apple syrup or apple butter. (B) The director of agriculture shall adopt rules in accordance with Chapter 119. of the Revised Code that establish, when otherwise not established by the Revised Code, standards and good manufacturing practices for food processing establishments, including the facilities of food processing establishments and their sanitation. The rules shall conform with or be equivalent to the standards for foods established by the United States food and drug administration in Title 21 of the Code of Federal Regulations. A business or that portion of a business that is regulated by the department of agriculture under Chapter 917. or 918. of the Revised Code is not subject to regulation under this section as a food processing establishment." Between lines and 51492, insert: "Sec (A) The following are not retail food establishments: (1) A food service operation licensed under this chapter, including a food service operation that provides the services of a retail food establishment pursuant to an endorsement issued under section of the Revised Code; (2) An entity exempt under divisions (B)(1) to (9) or (11) to (13) of section of the Revised Code from the requirement to be licensed as a

8 HOUSE JOURNAL, WEDNESDAY, JUNE 28, food service operation and an entity exempt under division (B)(10) of that section if the entity is regulated by the department of agriculture as a food processing establishment under section of the Revised Code; (3) A business or that portion of a business that is regulated by the federal government or the department of agriculture as a food manufacturing or food processing business, including a business or that portion of a business regulated by the department of agriculture under Chapter 911., 913., 915., 917., 918., or 925. of the Revised Code. (B) All of the following are exempt from the requirement to be licensed as a retail food establishment: (1) An establishment with commercially prepackaged foods that are not potentially hazardous and contained in displays, the total space of which equals less than two hundred cubic feet; (2) A person at a farmers market that is registered with the director of agriculture pursuant to section of the Revised Code that offers for sale only one or more of the following: (a) Fresh unprocessed fruits or vegetables; (b) Products of a cottage food production operation; (c) Maple syrup, sorghum, or honey, apple syrup, or apple butter that is produced by a maple syrup or sorghum producer or, beekeeper, or apple syrup or apple butter processor described in division (A) of section of the Revised Code; Code; (d) Wine as authorized under section of the Revised (e) Commercially prepackaged food that is not potentially hazardous, on the condition that the food is contained in displays, the total space of which equals less than one hundred cubic feet on the premises where the person conducts business at the farmers market. (3) A person who offers for sale at a roadside stand only fresh fruits and fresh vegetables that are unprocessed; (4) A nonprofit organization exempt from federal income taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, that raises funds by selling foods and that, if required to be licensed, would be classified as risk level one in accordance with rules establishing licensing categories for retail food establishments adopted under section of the Revised Code, if the sales occur inside a building and are for not more than seven consecutive days or more than fifty-two separate days during a licensing period. This exemption extends to any individual or group raising all of its funds during the time periods specified in division (B)(4) of this section for the benefit of the nonprofit organization by selling foods under the same conditions.

9 638 HOUSE JOURNAL, WEDNESDAY, JUNE 28, 2017 (5) An establishment that offers food contained in displays of less than five hundred square feet, and if required to be licensed would be classified as risk level one pursuant to rules establishing licensing categories for retail food establishments adopted under section of the Revised Code, on the condition that the establishment offers the food for sale at retail not more than six months in each calendar year; (6) A cottage food production operation, on the condition that the operation offers its products directly to the consumer from the site where the products are produced; (7) A maple syrup and sorghum processor and, beekeeper, or apple syrup and apple butter processor described in division (A) of section of the Revised Code, on the condition that the processor or beekeeper offers only maple syrup, sorghum, or honey, apple syrup, or apple butter directly to the consumer from the site where those products are processed; (8) A person who annually maintains five hundred or fewer birds, on the condition that the person offers the eggs from those birds directly to the consumer from the location where the eggs are produced or at a farm product auction to which division (B)(11) of this section applies; (9) A person who annually raises and slaughters one thousand or fewer chickens, on the condition that the person offers dressed chickens directly to the consumer from the location where the chickens are raised and slaughtered or at a farm product auction to which division (B)(11) of this section applies; (10) A person who raises, slaughters, and processes the meat of nonamenable species described in divisions (A) and (B) of section of the Revised Code, on the condition that the person offers the meat directly to the consumer from the location where the meat is processed or at a farm product auction to which division (B)(11) of this section applies; (11) A farm product auction, on the condition that it is registered with the director pursuant to section of the Revised Code that offers for sale at the farm product auction only one or more of the following: (a) The products described in divisions (B)(8) to (10) of this section that are produced, raised, slaughtered, or processed, as appropriate, by persons described in divisions (B)(8) to (10) of this section; (b) Fresh unprocessed fruits or vegetables; (c) Products of a cottage food production operation; (d) Maple syrup, sorghum, or honey, apple syrup, or apple butter that is produced by a maple syrup or sorghum producer or, beekeeper, or apple syrup or apple butter processor described in division (A) of section of the Revised Code.

10 HOUSE JOURNAL, WEDNESDAY, JUNE 28, (12) An establishment that, with respect to offering food for sale, offers only alcoholic beverages or prepackaged beverages that are not potentially hazardous; (13) An establishment that, with respect to offering food for sale, offers only alcoholic beverages, prepackaged beverages that are not potentially hazardous, or commercially prepackaged food that is not potentially hazardous, on the condition that the commercially prepackaged food is contained in displays, the total space of which equals less than two hundred cubic feet on the premises of the establishment; (14) An establishment that, with respect to offering food for sale, offers only fountain beverages that are not potentially hazardous; (15) A person who offers for sale only one or more of the following foods at a festival or celebration, on the condition that the festival or celebration is organized by a political subdivision of the state and lasts for a period not longer than seven consecutive days: (a) Fresh unprocessed fruits or vegetables; (b) Products of a cottage food production operation; (c) Maple syrup, sorghum, or honey, apple syrup, or apple butter if produced by a maple syrup or sorghum processor or, beekeeper, or apple syrup or apple butter processor as described in division (A) of section of the Revised Code; (d) Commercially prepackaged food that is not potentially hazardous, on the condition that the food is contained in displays, the total space of which equals less than one hundred cubic feet; (e) Fruit butter produced at the festival or celebration and sold from the production site. (16) A farm market on the condition that it is registered with the director pursuant to section of the Revised Code that offers for sale at the farm market only one or more of the following: (a) Fresh unprocessed fruits or vegetables; (b) Products of a cottage food production operation; (c) Maple syrup, sorghum, or honey, apple syrup, or apple butter that is produced by a maple syrup or sorghum producer or, beekeeper, or apple syrup or apple butter processor described in division (A) of section of the Revised Code; (d) Commercially prepackaged food that is not potentially hazardous, on the condition that the food is contained in displays, the total space of which equals less than one hundred cubic feet on the premises where the person conducts business at the farm market; (e) Cider and other juices manufactured on site at the farm market;

11 640 HOUSE JOURNAL, WEDNESDAY, JUNE 28, 2017 (f) The products or items described in divisions (B)(8) to (10) of this section, on the condition that those products or items were produced by the person offering to sell them, and further conditioned that, with respect to eggs offered, the person offering to sell them annually maintains five hundred or fewer birds, and with respect to dressed chickens offered, the person annually raises and slaughters one thousand or fewer chickens." In line , after " ," insert " ,"; after " ," insert " ," In line 214 of the title, after " ," insert " , , , , , , ," In line 633, after " ," insert " , , , , , , ," Between lines and 89521, insert: "Sec As used in this chapter: (A) "Employee" means any qualified employee in the uniform division of the state highway patrol, any qualified employee in the radio division hired prior to November 2, 1989, and any state highway patrol cadet attending training school pursuant to section of the Revised Code whose attendance at the school begins on or after June 30, "Employee" includes the superintendent of the state highway patrol. In all cases of doubt, the state highway patrol retirement board shall determine whether any person is an employee as defined in this division, and the decision of the board is final. (B) "Prior service" means all service rendered as an employee of the state highway patrol prior to September 5, 1941, to the extent credited by the board, provided that in no case shall prior service include service rendered prior to November 15, (C) "Total service" means all service rendered by an employee to the extent credited by the board. Total service includes all of the following: (1) Contributing service rendered by the employee since last becoming a member of the state highway patrol retirement system; (2) All prior service credit; (3) Restored service credit as provided in this chapter; (4) Military service credit purchased under division (D) of section or section of the Revised Code; (5) Credit granted under division (C) of section or section , , or of the Revised Code; (6) Credit for any period, not to exceed three years, during which the member was out of service and receiving benefits under Chapters and of the Revised Code.

12 HOUSE JOURNAL, WEDNESDAY, JUNE 28, (D) "Regular interest" means interest compounded at rates designated from time to time by the retirement board. (E) "Plan" means the provisions of this chapter. (F) "Retirement system" or "system" means the state highway patrol retirement system created and established in the plan. (G) "Contributing service" means all service rendered by a member since September 4, 1941, for which deductions were made from the member's salary under the plan. (H) "Retirement board" or "board" means the state highway patrol retirement board provided for in the plan. (I) Except as provided in section sections , , and of the Revised Code, "member" means any employee included in the membership of the retirement system, whether or not rendering contributing service. (J) "Retirant" means any member who has retired under section or of the Revised Code. (K) "Accumulated contributions" means the sum of the following credited to a member's individual account in the employees' savings fund: (1) All amounts deducted from the salary of the member; (2) All amounts paid by the member to purchase state highway patrol retirement system service credit pursuant to this chapter or other state law. (L)(1) Except as provided in division (L)(2) of this section, "final average salary" means the average of the highest salary paid a member during any five consecutive or nonconsecutive years. If a member has less than five years of contributing service, the member's final average salary shall be the average of the annual rates of salary paid to the member during the member's total years of contributing service. (2) If a member is credited with service under division (C)(6) of this section or division (D) of section of the Revised Code, the member's final average salary shall be the average of the highest salary that was paid to the member or would have been paid to the member, had the member been rendering contributing service, during any five consecutive or nonconsecutive years. If that member has less than five years of total service, the member's final average salary shall be the average of the annual rates of salary that were paid to the member or would have been paid to the member during the member's years of total service. (M) "Pension" means an annual amount payable by the retirement system throughout the life of a person or as otherwise provided in the plan. (N) "Pension reserve" means the present value of any pension, or

13 642 HOUSE JOURNAL, WEDNESDAY, JUNE 28, 2017 benefit in lieu of any pension, computed upon the basis of mortality and other tables of experience and interest the board shall from time to time adopt. (O) "Deferred pension" means a pension for which an eligible member of the system has made application and which is payable as provided in division (A) or (B) of section of the Revised Code. (P) "Retirement" means retirement as provided in sections and of the Revised Code. (Q) "Fiduciary" means any of the following: (1) A person who exercises any discretionary authority or control with respect to the management of the system, or with respect to the management or disposition of its assets; (2) A person who renders investment advice for a fee, direct or indirect, with respect to money or property of the system; (3) A person who has any discretionary authority or responsibility in the administration of the system. (R)(1) Except as otherwise provided in this division, "salary" means all compensation, wages, and other earnings paid to a member by reason of employment but without regard to whether any of the compensation, wages, or other earnings are treated as deferred income for federal income tax purposes. Salary includes all of the following: (a) Payments for shift differential, hazard duty, professional achievement, and longevity; (b) Payments for occupational injury leave, personal leave, sick leave, bereavement leave, administrative leave, and vacation leave used by the member; (c) Payments made under a disability leave program sponsored by the state for which the state is required by section of the Revised Code to make periodic employer and employee contributions to the retirement system. (2) "Salary" does not include any of the following: (a) Payments resulting from the conversion of accrued but unused sick leave, personal leave, compensatory time, and vacation leave; (b) Payments made by the state to provide life insurance, sickness, accident, endowment, health, medical, hospital, dental, or surgical coverage, or other insurance for the member or the member's family, or amounts paid by the state to the member in lieu of providing that insurance; (c) Payments for overtime work; (d) Incidental benefits, including lodging, food, laundry, parking, or services furnished by the state, use of property or equipment of the state, and

14 HOUSE JOURNAL, WEDNESDAY, JUNE 28, reimbursement for job-related expenses authorized by the state including moving and travel expenses and expenses related to professional development; (e) Payments made to or on behalf of a member that are in excess of the annual compensation that may be taken into account by the retirement system under division (a)(17) of section 401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 401 (a)(17), as amended; (f) Payments made under division (B), (C), or (E) of section of the Revised Code, Section 4 of Substitute Senate Bill No. 3 of the 119th general assembly, Section 3 of Amended Substitute Senate Bill No. 164 of the 124th general assembly, or Amended Substitute House Bill No. 405 of the 124th general assembly. (3) The retirement board shall determine by rule whether any compensation, wages, or earnings not enumerated in this division are salary, and its decision shall be final. (S) "Actuary" means an individual who satisfies all of the following requirements: (1) Is a member of the American academy of actuaries; (2) Is an associate or fellow of the society of actuaries; (3) Has a minimum of five years' experience in providing actuarial services to public retirement plans. Sec (A) As used in this section, "member" has the same meaning as in section of the Revised Code, except that it also includes a former member who has earned service credit and has not received a refund of accumulated contributions under section of the Revised Code. A member of the state highway patrol retirement system who has twenty-five years of service credit according to the rules adopted by the state highway patrol retirement board may make application for retirement which, if the member is under age forty-eight, shall be deferred until age forty-eight. (B) A member who has twenty years of service credit according to the rules adopted by the retirement board, may make application for retirement that, if the member is under age fifty-two, shall be deferred until age fifty-two, except that any such member who has attained twenty years of service may, on or after attaining age forty-eight but before attaining age fifty-two, elect to receive a reduced pension of the greater of nine hundred dollars or an amount computed as follows: Attained Age Reduced Pension 48 75% of normal service pension 49 80% of normal service pension

15 644 HOUSE JOURNAL, WEDNESDAY, JUNE 28, % of normal service pension 51 93% of normal service pension In the case of a member who elects to receive a reduced pension after attaining age forty-eight, the reduced pension is payable from the later of the date of the member's most recent birthday or the date the member becomes eligible to receive the reduced pension. A member who has elected to receive a reduced pension in accordance with the schedule provided in this division and has received a payment in connection therewith may not change the election. (C) Any member who attains the age of sixty years and has twenty years of service credit according to the rules adopted by the board, shall file application for retirement with the board, and if the member refuses or neglects to do so, the board may deem the member's application to have been filed on the member's sixtieth birthday. The member may, upon written application approved by the superintendent of the state highway patrol, be continued in service after attaining the age of sixty years, but only until the member has accumulated twenty years of service credit in accordance with rules adopted by the board. (D)(1) As used in this division: (a) "Service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty. (b) "Uniformed services" of the United States includes both: (i) Army, navy, air force, marine corps, coast guard, or any reserve components of these services; auxiliary corps as established by congress; army nurse corps; navy nurse corps; service as red cross nurse with the army, navy, air force, or hospital service of the United States, or serving full-time with the American red cross in a combat zone; and such other service as is designated by congress as included therein; (ii) Personnel of the Ohio national guard, the Ohio military reserve, the Ohio naval militia, and the reserve components of the armed forces enumerated in division (D)(1) of this section who are called to active duty pursuant to an executive order issued by the president of the United States or an act of congress. (2) A member's total service credit may include periods not to exceed a total of seven years, while the member's employment with the state

16 HOUSE JOURNAL, WEDNESDAY, JUNE 28, highway patrol is or was interrupted due to service in the uniformed services of the United States. Such military service shall be credited to the member towards total service as provided by this chapter and to the extent approved by the board, provided that: (a) The member is or was honorably discharged from service in the uniformed services; (b) The member is or was re-employed by the state highway patrol within ninety days immediately following termination of service in the uniformed services; (c) The member, subject to board rules, pays into the retirement system to the member's credit in the employees' savings fund an amount equal to the total contributions the member would have paid had state highway patrol employment not been so interrupted. Such payment may be made at any time prior to receipt of a pension. (3) If the member meets the requirements of division (D)(2) of this section, on receipt of contributions from the member, the state highway patrol shall be billed for the employer contribution that would have been paid pursuant to section of the Revised Code if the member had not rendered service in the uniformed services, subject to board rules. (4) If under division (D)(2)(c) of this section a member pays all or any portion of the contributions later than the lesser of five years or a period that is three times the member's period of service in the uniformed services beginning from the member's date of re-employment, an amount equal to compound interest at a rate established by the board from the member's date of re-employment to the date of payment shall be added to the remaining amount to be paid by the member to purchase service credit under this section. (5) Credit purchased by a member under division (D)(2) of this section shall be used to determine the member's eligibility for retirement under this section and section of the Revised Code. Sec (A) As used in this division, "member" has the same meaning as in section of the Revised Code, except that it also includes a former member who has earned service credit and has not received a refund of accumulated contributions under section of the Revised Code. On application for retirement as provided in section of the Revised Code, a member of the state highway patrol retirement system may elect, on a form provided by the state highway patrol retirement board, to receive the pension that the member is eligible to receive on retirement under that section in one of the following forms: (1) A single lifetime pension;

17 646 HOUSE JOURNAL, WEDNESDAY, JUNE 28, 2017 (2) The actuarial equivalent of the single lifetime pension that the member may elect under division (A)(1) of this section in a lesser annual amount payable for the member's life and continuing after the member's death to a surviving designated beneficiary under one of the following optional plans, provided the annual amount payable to the designated beneficiary shall not exceed the annual amount payable to such retiring member, the amount is certified by the actuary employed by the system to be the actuarial equivalent of the member's pension, and the amount is approved by the board: (a) Option 1. The member's lesser pension shall be paid for life to the member's sole beneficiary designated at the time of retirement. (b) Option 2. One-half or some other portion of the member's lesser pension shall be paid for life to the member's sole beneficiary designated at the time of retirement. (c) Option 3. Upon death before the expiration of a certain period from the member's retirement date as elected by the member and approved by the board, the member's lesser pension shall be continued for the remainder of such period to the beneficiaries, and in such order, as designated by the member in writing and filed with the board. No monthly payments shall be paid to joint beneficiaries, but they may jointly receive the present value of any remaining payments in a lump sum settlement. If all designated beneficiaries die before the expiration of such period, the present value of all the payments yet remaining in the period shall be paid to the estate of the beneficiary last receiving such payments. (d) Option 4. The member's lesser pension or portion of the lesser pension shall be paid for life to two, three, or four surviving beneficiaries designated at the time of the member's retirement, in such portions as specified at retirement. If the member elects this plan as required by a court order issued under section or of the Revised Code or the laws of another state regarding the division of marital property and compliance with the court order requires the allocation of a portion less than ten per cent to any person, the member shall allocate a portion less than ten per cent to that person in accordance with that order. In all other circumstances, no portion allocated under this plan of payment shall be less than ten per cent. The total of the portions allocated shall not exceed one hundred per cent of the member's lesser pension. (3) If the member has attained age fifty-one with at least twenty-five years' total service or fifty-two with at least twenty years' total service, a pension consisting of both a partial benefit lump sum in an amount the member designates that constitutes a portion of the single lifetime pension the member may elect under division (A)(1) of this section and the actuarial equivalent of the remainder of the single lifetime pension payable for the

18 HOUSE JOURNAL, WEDNESDAY, JUNE 28, member's life, provided an actuary employed by the system certifies the actuarial equivalent and the board approves the partial benefit lump sum payment and the amount to be paid as the actuarial equivalent. The amount designated by a member shall be not less than six times the monthly amount that would be payable to the member as a single lifetime pension under division (A)(1) of this section and not more than sixty times that amount. A member who has attained the age of fifty-one with twenty-five years of service who elects a partial benefit lump sum may designate an amount that does not exceed an amount equal to one month's pension for each month of service beyond twenty-five years. A member who has attained the age of fifty-two with twenty years of service who elects a partial benefit lump sum may designate an amount that does not exceed an amount equal to one month's pension for each month of service beyond twenty years. (4) If a plan of payment providing for payment in a specified portion of the pension continuing after the member's death to a former spouse is required by a court order issued under section or of the Revised Code or the laws of another state regarding division of marital property prior to the effective date of the member's retirement and the board has received a copy of the order, the board shall accept the member's election of a plan of payment under this section only if the member elects a plan of payment that is in accordance with the order. (B)(1) The death of a spouse designated as beneficiary or the death of any other designated beneficiary following retirement shall cancel the portion of the optional plan of payment selected under division (A)(2) of this section providing continuing lifetime benefits to the deceased designated beneficiary. The member shall receive the actuarial equivalent of the member's single lifetime pension, as determined by the board based on the number of remaining beneficiaries, with no change in the amount payable to any remaining beneficiary. The change shall be effective the month following receipt by the board of notice of the death. (2) On divorce, annulment, or marriage dissolution, a member receiving a pension under a plan that provides for continuation of all or part of the pension after death for the lifetime of the member's surviving spouse may, with the written consent of the spouse or pursuant to an order of the court with jurisdiction over the termination of the marriage, elect to cancel the portion of the plan providing continuing lifetime benefits to that spouse. The member shall receive the actuarial equivalent of the member's single lifetime pension as determined by the board based on the number of remaining beneficiaries, with no change in amount payable to any remaining beneficiary. The election shall be made on a form provided by the board and shall be effective the month following its receipt by the board.

19 648 HOUSE JOURNAL, WEDNESDAY, JUNE 28, 2017 apply: (C)(1) Following marriage or remarriage, both of the following (a) A member may elect a new optional plan of payment under division (A)(2) of this section based on the actuarial equivalent of the member's single lifetime pension as determined by the board. (b) A member who is receiving a pension pursuant to a plan of payment providing for payment to a former spouse pursuant to a court order described in division (A)(4) of this section may elect a new plan of payment under "option 4" based on the actuarial equivalent of the retirant's single lifetime pension as determined by the board if the new plan of payment elected does not reduce the payment to the former spouse. (2) If the marriage or remarriage occurs on or after the effective date of this amendment June 6, 2005, the election must be made not later than one year after the date of the marriage or remarriage. The plan elected under this section shall become effective on the date of receipt by the board of an application on a form approved by the board, but any change in the amount of the pension shall commence on the first day of the month following the effective date of the plan. (D) A member who has elected an optional plan under division (A) (2) of this section may, with the written consent of the designated beneficiary, cancel the optional plan and receive the single lifetime pension that the member would have received had the member elected the single lifetime pension under division (A)(1) of this section, if the member makes a request to cancel the optional plan not later than one year after the date on which the member first receives a payment under the plan. Cancellation of the optional plan shall be effective the month after acceptance of the request by the board. No payment or adjustment shall be made in the single lifetime pension to compensate for the lesser pension the member received under the optional plan. The request to cancel the optional plan shall be made on a form provided by the board and shall be valid only if the completed form includes a signed statement of the designated beneficiary's understanding of and consent to the cancellation. The designated beneficiary's signature shall be verified by the board prior to its acceptance of the cancellation. (E) Any option elected and payments made under division (A)(2) of this section shall be in addition to any pension payable to the member's surviving spouse, children, or parents under section of the Revised Code. Sec (A)(1) Upon retirement as provided in section of the Revised Code, a member of the state highway patrol retirement system retirant shall receive a life pension, without guaranty or

20 HOUSE JOURNAL, WEDNESDAY, JUNE 28, refund, equal to the greater of one thousand fifty dollars or the sum of two and one-half per cent of the member's retirant's final average salary multiplied by the first twenty years of total service credit, plus two and onequarter per cent of the member's retirant's final average salary multiplied by the number of years, and fraction of a year, of total service credit in excess of twenty years but not in excess of twenty-five years, plus two per cent of the member's retirant's final average salary multiplied by the number of years, and fraction of a year, in excess of twenty-five years; provided that in no case shall the pension exceed the lesser of seventy-nine and one-quarter per cent of the member's retirant's final average salary or the limit established by section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. (2) A member with fifteen or more years of total service credit, who voluntarily resigns or who is discharged from the state highway patrol for any reason except retirement under this chapter, death, dishonesty, cowardice, intemperate habits, or conviction of a felony, shall receive a pension equal to one and one-half per cent of the member's final average salary multiplied by the number of years, and fraction of a year, of total service credit, except that the pension shall not exceed the limit established by section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. The pension shall commence at the end of the calendar month in which the application is filed with the retirement board on or after the attainment of age fifty-five years by the applicant. A member or former member who withdraws any part or all of the accumulated contributions from the employees' savings fund shall thereupon forfeit all rights to a pension provided for in this division. (3)(a) A surviving spouse of a deceased member shall receive a monthly pension, determined as follows, during the spouse's life: (i) If at the time of death the member was not eligible to be granted a pension payable under division (A)(1) of this section or to elect to receive a reduced pension payable under section of the Revised Code, nine hundred dollars; (ii) If at the time of death the member was eligible to be granted a pension payable under division (A)(1) of this section or to elect to receive a reduced pension payable under section of the Revised Code, the greater of nine hundred dollars or fifty per cent of the computed monthly pension the member would have received had the member been granted a pension under division (A)(1) of this section or elected to receive a reduced pension under section of the Revised Code. (b) The surviving spouse of a retirant shall receive a monthly pension, determined as follows, during the spouse's life: (i) If the retirant had applied for a pension payable under section

21 650 HOUSE JOURNAL, WEDNESDAY, JUNE 28, of the Revised Code, but at the time of death had not attained the age of eligibility for the pension, nine hundred dollars; (ii) If the retirant had applied for a pension payable under section of the Revised Code and had attained the age of eligibility for the pension, but at the time of death had not elected to begin receiving the pension, the greater of nine hundred dollars or fifty per cent of the computed monthly pension the retirant was eligible to receive under section of the Revised Code; (iii) If the retirant was receiving a pension under division (A)(1) of this section or section or of the Revised Code, or, regardless of whether or not the retirant had actually received any payment, if the retirant was eligible to receive a pension under division (A)(1) of this section or section or of the Revised Code and had elected to begin receiving it, the greater of nine hundred dollars or fifty per cent of the computed monthly pension awarded the retirant. (c) If a monthly pension to a surviving spouse was terminated due to a remarriage, the surviving spouse is eligible to receive a monthly pension under division (A)(3) of this section effective the first day of the first month following June 5, The pension shall be computed under division (A)(3) of this section as of June 5, The pension payable to a person who is the surviving spouse of more than one state highway patrol retirement system member or retirant shall be computed on the basis of the service of the member or retirant to whom the surviving spouse was most recently married. (4) A pension of one hundred fifty dollars per month shall be paid by the system to or for the benefit of each child of a deceased member or retirant until the child attains the age of eighteen years or marries, whichever event occurs first, or until the child attains twenty-three years of age if the child is a student in and attending an institution of learning or training pursuant to a program designed to complete in each school year the equivalent of at least two-thirds of the full-time curriculum requirements of the institution, as determined by the retirement board. If any surviving child, regardless of age at the time of the member's or retirant's death, because of physical or mental disability, was totally dependent upon the deceased member or retirant for support at the time of death, a pension of one hundred fifty dollars per month shall be paid by the system to or for the benefit of the child during the child's natural life or until the child recovers from the disability. (5)(a) If a retirant died prior to June 6, 1988, and the surviving spouse was not married to the retirant while the retirant was in the active service of the patrol, the surviving spouse shall receive a pension of the greater of four hundred twenty-five dollars per month or fifty per cent of the computed monthly pension the retirant was receiving. (b) If the pension payable to a person receiving a pension under