JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES OHIO SENATE JOURNAL

Transcription

1 JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES OHIO SENATE JOURNAL WEDNESDAY, OCTOBER 25, 2017

2 SENATE JOURNAL, WEDNESDAY, OCTOBER 25, ONE HUNDRED SIXTH DAY Senate Chamber, Columbus, Ohio Wednesday, October 25, 2017, 1:30 p.m. The Senate met pursuant to adjournment. Prayer was offered by Pastor Brad Jury, Providence Baptist Church in Westerville, Ohio, followed by the Pledge of Allegiance to the Flag. The journal of the last legislative day was read and approved. The following guests were recognized by the Senate prior to the commencement of business: Senator O'Brien requested a moment of silence for Girard Police Officer, Justin A. Leo, who was killed in the line of duty. REPORTS OF REFERENCE AND BILLS FOR SECOND CONSIDERATION Senator Obhof reports for the Standing Committee on Rules and Reference, recommending that the following bills, standing in order for second consideration, be referred to committee as recommended: H. B. No. 24 -Representative Ginter, et al. To amend section of the Revised Code to modify the existing tax exemption for veterans organizations' property to include property of certain veterans organizations exempt from federal taxation under section 501(c)(4) of the Internal Revenue Code and to exclude property that is not used primarily for meetings, administration, and the provision of programs and services to past and present members of the United States armed forces. To the Committee on Ways and Means. H. B. No. 79 -Representatives Retherford, Hagan, et al. To amend sections , , , , , and and to enact sections and of the Revised Code to provide for firearms training for tactical medical professionals; to permit such a professional who has received that training and has been authorized by the law enforcement agency to carry firearms while on duty; and to grant such a professional the same right to carry a concealed handgun in this state as a concealed handgun licensee. To the Committee on Judiciary.

3 1268 SENATE JOURNAL, WEDNESDAY, OCTOBER 25, 2017 Am. H. B. No Representative Merrin, et al. To amend sections and of the Revised Code to exempt prescription eyeglasses, contact lenses, and other optical aids sold by licensed dispensers from sales and use tax beginning July To the Committee on Ways and Means. Sub. H. B. No Representatives Gavarone, DeVitis, et al. To amend sections , , , , , , , , , , , , and and to enact sections , , , , , , , , , , , and of the Revised Code to authorize the provision of dental services through teledentistry, to require a proposal for creation of a primary care dental student component of the Choose Ohio First Scholarship Program, and to make other changes to the laws governing the practices of dentistry and dental hygiene, and to amend the version of section of the Revised Code that is scheduled to take effect September 29, 2018, to continue the provisions of this act on and after that effective date. To the Committee on Health, Human Services and Medicaid. S. B. No Senator Tavares, et al. To enact section of the Revised Code to designate a portion of U.S. Route 33 in Franklin County as the "Senator John W. E. Bowen III Memorial Highway." To the Committee on Transportation, Commerce and Workforce. S. B. No Senator Schiavoni, et al. To amend sections , , , , and and to enact section of the Revised Code to establish the Breakfast After The Bell Program for public schools. To the Committee on Education. S. B. No Senator Tavares, et al. To enact sections , , , and of the Revised Code to create a long-term care inspection committee. To the Committee on Health, Human Services and Medicaid.

4 SENATE JOURNAL, WEDNESDAY, OCTOBER 25, S. B. No Senator Terhar, et al. To amend sections , , and of the Revised Code to require only one notice to be sent to a vehicle owner and any known lienholder after a vehicle is towed from a private tow-away zone. To the Committee on Judiciary. S. B. No Senator Yuko, et al. To amend sections , , , , and , to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections ( ) and ( ), and to enact new section and sections and of the Revised Code to make changes to the laws governing the ages for which persons may marry. To the Committee on Judiciary. S. B. No Senator Kunze, et al. To amend section of the Revised Code to expand the offense of felonious assault to include knowingly causing or attempting to cause physical harm to another person by means of strangulation or suffocation. To the Committee on Judiciary. S. B. No Senator Coley, et al. To amend section of the Revised Code to modify the conditions that determine the relative priority of property tax exemptions when a parcel subject to a tax increment financing arrangement concurrently qualifies for another exemption. To the Committee on Ways and Means. S. B. No Senator Schiavoni, et al. To enact section of the Revised Code to designate the bridge spanning State Route 11, that is part of Mahoning Avenue in Austintown Township in Mahoning County, as the "Women Veterans Bridge." To the Committee on Transportation, Commerce and Workforce. S. B. No Senator Uecker, et al. To amend sections , , , , , , , , , , , , , , ,

5 1270 SENATE JOURNAL, WEDNESDAY, OCTOBER 25, , , , , , , and ; to amend, for the purpose of adopting a new section number as indicated in parentheses, section ( ); to enact sections , , , , , , and ; and to repeal section of the Revised Code to reform agency rule-making and legislative review thereof. To the Committee on Government Oversight and Reform. YES - 12: EDNA BROWN, DAVE BURKE, WILLIAM P. COLEY, II, JOHN EKLUND, RANDY GARDNER, MATT HUFFMAN, GAYLE MANNING, LARRY OBHOF, SCOTT OELSLAGER, BOB PETERSON, CHARLETA B. TAVARES, CECIL THOMAS NO - 0. The question being, "Shall the report of the committee be accepted?" The report of the committee was accepted. Said bills were considered a second time and referred to committee as recommended. REPORTS OF STANDING AND SELECT COMMITTEES Senator Coley submitted the following report: The standing committee on Government Oversight and Reform, to which was referred S. B. No. 139-Senators Skindell, Eklund, et al., having had the same under consideration, reports it back and recommends its passage. Co-Sponsors: Coley, Brown. YES - 11: KRIS JORDAN, MATT HUFFMAN, WILLIAM P. COLEY, II, JOE UECKER, JOSEPH SCHIAVONI, EDNA BROWN, MICHAEL J. SKINDELL, KEVIN BACON, FRANK LAROSE, TROY BALDERSON, BOB PETERSON NO - 0. The question being, "Shall the report of the committee be accepted?" The report of the committee was accepted. Senator Obhof submitted the following report:

6 SENATE JOURNAL, WEDNESDAY, OCTOBER 25, The Standing Committee on Rules and Reference to which were referred the appointments by the Governor of: Abass M. Bangura, from Reynoldsburg, Fairfield County, Ohio, as a Member of the New African Immigrants Commission for a term beginning July 21, 2017 and ending at the close of business October 7, Dennis B. Brommer, Democrat, from Akron, Summit County, Ohio, as a Member of the Ohio Elections Commission for a term beginning August 16, 2017 and ending at the close of business December 31, 2021, replacing Terrance J. Conroy, whose term expired. Joshua M. Cox, PharmD., from Beavercreek, Greene County, Ohio, as a Member of the Board of Pharmacy for a new term beginning August 22, 2017 and ending at the close of business June 30, 2021, replacing Joshua M. Cox, PharmD., whose term expired. Scott P. Crislip, from Mansfield, Richland County, Ohio, as a Member of the Ski Tramway Board for a new term beginning July 1, 2017 and ending at the close of business June 30, 2023, replacing Scott P. Crislip, whose term expired. Catherine A. Cunningham, Republican, from Hilliard, Franklin County, Ohio, as a Member of the Ohio Elections Commission for a term beginning August 16, 2017 and ending at the close of business December 31, 2021, replacing Kimberly G. Allison, whose term expired. Benjamin W. Fields, Ph.D, from Powell, Delaware County, Ohio, as a Member of the State Board of Psychology for a term beginning August 31, 2017 and ending at the close of business October 4, 2020, replacing Victor McCarley, whose term expired. Rosarie Ifedi, Ed.D, from Columbus, Franklin County, Ohio, as a Member of the New African Immigrants Commission for a term beginning July 21, 2017 and ending at the close of business October 7, Megan Elizabeth Marchal, from Dublin, Delaware County, Ohio, as a Member of the State Board of Pharmacy for a new term beginning August 22, 2017 and ending at the close of business June 30, 2021, replacing Megan Elizabeth Marchal, whose term expired. Tariq Mohamed, from New Albany, Franklin County, Ohio, as a Member of the New African Immigrants Commission for a term beginning July 21, 2017 and ending at the close of business October 7, Edward C. Nurre, from Cincinnati, Clermont County, Ohio, as a Member of the Board of Embalmers and Funeral Directors for a new term beginning July 1, 2017 and ending at the close of business June 30, 2022, replacing Edward C. Nurre, whose term expired. Christopher R. Potts, Democrat, from Upper Arlington, Franklin County,

7 1272 SENATE JOURNAL, WEDNESDAY, OCTOBER 25, 2017 Ohio, as a Member of the Ohio Retirement Study Council for a term beginning August 30, 2017 and ending at the close of business June 30, 2020, replacing Ralph Douglas Gillum, whose term expired. Robert A. Schuerger, II, Democrat, from Grandview, Franklin County, Ohio, as a Member of the Ohio Athletic Commission for a new term beginning September 5, 2017 and ending at the close of business September 2, 2020, replacing Robert A. Schuerger, II, whose term expired. Having had the same under consideration, reports back the recommendation that the Senate advise and consent to said appointments. YES 12: EDNA BROWN, DAVE BURKE, WILLIAM P. COLEY, II, JOHN EKLUND, RANDY GARDNER, MATT HUFFMAN, GAYLE MANNING, LARRY OBHOF, SCOTT OELSLAGER, BOB PETERSON, CHARLETA B. TAVARES, CECIL THOMAS NO 0. The question being, "Shall the Senate advise and consent to the appointments by the Governor?" The yeas and nays were taken and resulted yeas 32, nays 0, as follows: Those who voted in the affirmative were: Senators Bacon Balderson Beagle Brown Burke Coley Dolan Eklund Gardner Hackett Hoagland Hottinger Huffman Jordan Kunze LaRose Lehner Manning O'Brien Oelslager Peterson Schiavoni Skindell Sykes Tavares Terhar Thomas Uecker Williams Wilson Yuko Obhof-32 So the Senate advised and consented to said appointments. Senator Obhof submitted the following report: The Standing Committee on Rules and Reference to which was referred the appointments by the Attorney General of: Regina Mitchell, Republican, from Warren, Trumbull County, Ohio, as of the Ohio Consumers' Counsel Governing Board for a term beginning September 1, 2017 and ending at the close of business September 1, 2019, replacing Gene Krebs, who resigned. J. Douglas Moormann, Republican, from Cincinnati, Hamilton County, Ohio, as a Member of the Ohio Consumers' Counsel Governing Board for a term beginning September 1, 2017 and ending at the close of business September 1, 2020.

8 SENATE JOURNAL, WEDNESDAY, OCTOBER 25, Andra L. Troyer, Republican, from London, Madison County, Ohio, as a Member of the Ohio Consumers' Counsel Governing Board for a term beginning September 1, 2017 and ending at the close of business September 1, Michael Watkins, Republican, from Elida, Allen County, Ohio, as of the Ohio Consumers' Counsel Governing Board for a term beginning September 1, 2017 and ending at the close of business September 1, Having had the same under consideration, reports back the recommendation that the Senate advise and consent to said appointments. YES 12: EDNA BROWN, DAVE BURKE, WILLIAM P. COLEY, II, JOHN EKLUND, RANDY GARDNER, MATT HUFFMAN, GAYLE MANNING, LARRY OBHOF, SCOTT OELSLAGER, BOB PETERSON, CHARLETA B. TAVARES, CECIL THOMAS NO 0. The question being, "Shall the Senate advise and consent to the appointments by the Attorney General?" The yeas and nays were taken and resulted yeas 32, nays 0, as follows: Those who voted in the affirmative were: Senators Bacon Balderson Beagle Brown Burke Coley Dolan Eklund Gardner Hackett Hoagland Hottinger Huffman Jordan Kunze LaRose Lehner Manning O'Brien Oelslager Peterson Schiavoni Skindell Sykes Tavares Terhar Thomas Uecker Williams Wilson Yuko Obhof-32 So the Senate advised and consented to said appointments. BILLS FOR THIRD CONSIDERATION H. B. No. 118-Representative Merrin. Cosponsors: Representatives Koehler, Roegner, Becker, Brinkman, Vitale, Riedel, Dean, Hood, Seitz, Duffey, Thompson, Faber, Schaffer, Rogers, Hambley, Anielski, Arndt, Butler, Carfagna, Cupp, Dever, Gavarone, Ginter, Goodman, Greenspan, Hagan, Ingram, Manning, McColley, Miller, O'Brien, Patterson, Patton, Reineke, Retherford, Romanchuk, Ryan, Schuring, Sheehy, Sprague, Stein, Sweeney, Wiggam, Young Senators Hackett, Eklund. To amend section of the Revised Code to expressly prohibit the dismissal of a property tax complaint for failure to correctly identify the property owner, was considered the third time.

9 1274 SENATE JOURNAL, WEDNESDAY, OCTOBER 25, 2017 The question being, "Shall the bill, H. B. No. 118, pass?" The yeas and nays were taken and resulted yeas 32, nays 0, as follows: Those who voted in the affirmative were: Senators Bacon Balderson Beagle Brown Burke Coley Dolan Eklund Gardner Hackett Hoagland Hottinger Huffman Jordan Kunze LaRose Lehner Manning O'Brien Oelslager Peterson Schiavoni Skindell Sykes Tavares Terhar Thomas Uecker Williams Wilson Yuko Obhof-32 So the bill passed. The question being, Shall the title be agreed to? Senator Eklund moved to amend the title as follows: Add the names: "Senators Brown, Burke, Coley, Gardner, Hoagland, Huffman, Jordan, Lehner, Manning, Obhof, O'Brien, Oelslager, Terhar, Thomas, Uecker, Wilson." The question being, Shall the motion be agreed to? The motion was agreed to and the title so amended. S. B. No. 127-Senator LaRose. Cosponsors: Senators Beagle, Gardner, Manning, Hottinger, Yuko, Hite, Uecker. To amend sections , , and of the Revised Code to require motor vehicle operators to take certain actions upon approaching a stationary waste collection vehicle collecting refuse on a roadside, was considered the third time. The question being, "Shall the bill, S. B. No. 127, pass?" The yeas and nays were taken and resulted yeas 32, nays 0, as follows: Those who voted in the affirmative were: Senators Bacon Balderson Beagle Brown Burke Coley Dolan Eklund Gardner Hackett Hoagland Hottinger Huffman Jordan Kunze LaRose Lehner Manning O'Brien Oelslager Peterson Schiavoni Skindell Sykes Tavares Terhar Thomas Uecker Williams Wilson Yuko Obhof-32 So the bill passed. The question being, Shall the title be agreed to? Senator LaRose moved to amend the title as follows: Add the names: "Senators Brown, Burke, Coley, Eklund, Hackett,

10 SENATE JOURNAL, WEDNESDAY, OCTOBER 25, Hoagland, Huffman, Lehner, Obhof, O'Brien, Schiavoni, Skindell, Sykes, Tavares, Terhar, Thomas, Williams, Wilson." The question being, Shall the motion be agreed to? The motion was agreed to and the title so amended. S. B. No. 139-Senators Skindell, Eklund. Cosponsors: Senators Thomas, Coley, Brown. To enact sections , , , , , , and of the Revised Code to adopt the Uniform Electronic Legal Material Act, was considered the third time. The question being, "Shall the bill, S. B. No. 139, pass?" The yeas and nays were taken and resulted yeas 32, nays 0, as follows: Those who voted in the affirmative were: Senators Bacon Balderson Beagle Brown Burke Coley Dolan Eklund Gardner Hackett Hoagland Hottinger Huffman Jordan Kunze LaRose Lehner Manning O'Brien Oelslager Peterson Schiavoni Skindell Sykes Tavares Terhar Thomas Uecker Williams Wilson Yuko Obhof-32 So the bill passed. The question being, Shall the title be agreed to? Senator Skindell moved to amend the title as follows: Add the names: "Senators Dolan, Hoagland, LaRose, Manning, Obhof, O'Brien, Oelslager, Schiavoni, Sykes, Tavares, Terhar, Williams." The question being, Shall the motion be agreed to? The motion was agreed to and the title so amended. INTRODUCTION AND FIRST CONSIDERATION OF BILLS S. B. No Senator LaRose. Cosponsors: Senators Manning, Bacon, Brown, Yuko, Williams, Tavares, Sykes, O'Brien, Hackett. To amend section and to enact section of the Revised Code to prohibit the installation of unsafe used tires on certain motor vehicles. OFFERING OF RESOLUTIONS Senator Yuko offered the following concurrent resolution: S. C. R. No. 16-Senator Yuko.

11 1276 SENATE JOURNAL, WEDNESDAY, OCTOBER 25, 2017 Cosponsors: Senators Sykes, Thomas. To urge Congress to enact legislation requiring commercial trucks to use side guards and establishing side guard technical specifications. The question being, "Shall the concurrent resolution, S. C. R. No. 16, be adopted?" On the motion of Senator Peterson, S. C. R. No. 16, was referred to the Committee on Rules and Reference. Senator Obhof offered the following resolution: S. R. No. 314-Senator Obhof. Relative to mileage reimbursement. RESOLVED, Pursuant to section of the Revised Code and S.R. No. 2--Senator Peterson, Relative to mileage reimbursement, adopted January 3, 2017, the Clerk of the Senate is authorized to add the mileage for Gayle Manning of 242 miles round trip. The question being, "Shall the resolution, S. R. No. 314, be adopted?" The yeas and nays were taken and resulted yeas 31, nays 0, as follows: Those who voted in the affirmative were: Senators Bacon Balderson Beagle Brown Burke Coley Dolan Eklund Gardner Hackett Hoagland Hottinger Huffman Jordan Kunze LaRose Lehner O'Brien Oelslager Peterson Schiavoni Skindell Sykes Tavares Terhar Thomas Uecker Williams Wilson Yuko Obhof-31 So the resolution was adopted. The question being, "Shall the title be agreed to?" The title was agreed to. Pursuant to Senate Rule No. 54, the following resolution was offered: S. R. No Senator Kunze. Honoring Wendy Pinta as the 2017 Ohio Division I Girls Lacrosse Coach of the Year. The question being, "Shall the resolution listed under the President's prerogative be adopted?"

12 SENATE JOURNAL, WEDNESDAY, OCTOBER 25, So the resolution was adopted. Mr. President: Message from the House of Representatives I am directed to inform you that the House of Representatives has concurred in the passage of the following bill: Sub. S. B. No. 3 -Senators Beagle, Balderson Cosponsors: Senators Bacon, Brown, Gardner, Hite, Hoagland, Manning, Tavares, Terhar, LaRose, Hottinger, Uecker, Coley, Dolan, Eklund, Hackett, Huffman, Kunze, Lehner, Obhof, O'Brien, Oelslager, Peterson, Sykes, Williams, Wilson, Yuko Representatives Duffey, Romanchuk, Anielski, Antani, Antonio, Arndt, Ashford, Barnes, Boggs, Boyd, Brown, Carfagna, Clyde, Craig, Cupp, Dever, Edwards, Galonski, Gavarone, Ginter, Green, Greenspan, Hagan, Hambley, Hill, Holmes, Howse, Hughes, Johnson, Kent, Kick, Landis, Lanese, Lang, Leland, Lepore-Hagan, Manning, Miller, O'Brien, Patterson, Reece, Reineke, Riedel, Rogers, Ryan, Schaffer, Schuring, Seitz, Sheehy, Slaby, Smith, K., Smith, R., Sprague, Stein, Strahorn, Sweeney, West, Young, Speaker Rosenberger To enact section of the Revised Code to designate the first week of May as In-Demand Jobs Week. As a substitute bill, in which the concurrence of the Senate is requested. Attest: Bradley J. Young, Clerk. Senator Peterson moved that pursuant to Senate Rule No. 44, the amendments of the House of Representatives to Sub. S. B. No. 3, be brought up for consideration. The question being, "Shall the motion be agreed to?" The motion was agreed to. The yeas and nays were taken and resulted yeas 32, nays 0, as follows: Those who voted in the affirmative were: Senators Bacon Balderson Beagle Brown Burke Coley Dolan Eklund Gardner Hackett Hoagland Hottinger Huffman Jordan Kunze LaRose Lehner Manning O'Brien Oelslager

13 1278 SENATE JOURNAL, WEDNESDAY, OCTOBER 25, 2017 Peterson Schiavoni Skindell Sykes Tavares Terhar Thomas Uecker Williams Wilson Yuko Obhof-32 So the Senate concurred in the amendments of the House of Representatives. Mr. President: Message from the House of Representatives I am directed to inform you that the House of Representatives has passed the following bills in which the concurrence of the Senate is requested: Sub. H. B. No Representatives Wiggam, Holmes Cosponsors: Representatives Lipps, Goodman, Kick, Merrin, Hood, Thompson, Conditt, Keller, Vitale, Roegner, Koehler, Brinkman, Becker, Seitz, Dean, Anielski, Antani, Brenner, Butler, Duffey, Ginter, Green, Greenspan, Hagan, Hambley, Henne, Johnson, Lanese, Lang, McColley, Patton, Retherford, Rezabek, Riedel, Romanchuk, Schaffer, Schuring, Smith, R., Sprague, Stein, Young, Zeltwanger, Speaker Rosenberger To amend sections , , , and of the Revised Code to modify the requirement that a concealed handgun licensee notify a law enforcement officer that the licensee is carrying a concealed handgun when stopped. Sub. H. B. No Representative Stein Cosponsors: Representatives Boccieri, Brenner, Hambley, LaTourette, Seitz, Arndt, Carfagna, O'Brien, Blessing, Antonio, Boyd, Brown, Craig, Cupp, Edwards, Galonski, Ginter, Green, Greenspan, Hill, Holmes, Howse, Ingram, Lang, Leland, Manning, Patterson, Ramos, Reineke, Retherford, Riedel, Sprague, Sweeney, West To amend sections , , , , , , , , , , , , , and and to enact sections , , , and of the Revised Code to modify duties of the Division of Real Estate in the Department of Commerce regarding cemetery registration, to specify cemetery owners must reasonably maintain cemeteries, to establish the Cemetery Grant Program, to allow the Board of Embalmers and Funeral Directors to review and vote upon certain license suspensions by telephone, to make various other changes to the embalmers, funeral directors, and crematory licensing laws, and to make an appropriation.

14 SENATE JOURNAL, WEDNESDAY, OCTOBER 25, H. B. No Representatives Johnson, Craig Cosponsors: Representatives Anielski, Arndt, Boccieri, Butler, Conditt, Dean, Dever, Ginter, Gonzales, Keller, Landis, Riedel, Ryan, Stein, Strahorn, Thompson, Wiggam, Green, Greenspan, Sheehy, DeVitis, Householder, Howse, Hughes, Lepore-Hagan, Manning, Reece, West, Antonio, Barnes, Boyd, Brenner, Brown, Clyde, Cupp, Duffey, Edwards, Fedor, Galonski, Gavarone, Hagan, Hambley, Hill, Holmes, Ingram, Kent, Kick, Lanese, Lang, LaTourette, Leland, McColley, Miller, O'Brien, Patmon, Patterson, Patton, Ramos, Reineke, Retherford, Rogers, Romanchuk, Schaffer, Slaby, Smith, K., Sprague, Sweeney, Young To enact section and to repeal sections , , , , , , , , , , , , , , , , , , , , , and of the Revised Code to establish a program for the issuance of special license plates related to military service and awards. Sub. H. B. No Representative Greenspan Cosponsors: Representatives Hambley, Stein, Dever, Anielski, Antonio, Arndt, Ashford, Barnes, Boyd, Brown, Carfagna, Galonski, Gavarone, Ginter, Green, Hill, Holmes, Howse, Lang, Leland, Lepore-Hagan, Manning, Miller, Patton, Reineke, Retherford, Rezabek, Riedel, Rogers, Ryan, Schaffer, Schuring, Seitz, Sheehy, Slaby, Smith, K., Smith, R., Sprague, Sweeney, Thompson, West, Wiggam, Young, Speaker Rosenberger To amend sections and of the Revised Code to increase from five to ten years the maturity period of other political subdivision's bonds and obligations eligible for investment of a subdivision's interim moneys, a county's inactive moneys, and money in the county public library fund. Attest: Bradley J. Young, Clerk. Said bills were considered the first time. On the motion of Senator Peterson, the Senate adjourned until Thursday, October 26, 2017 at 9:30 a.m.

15 1280 SENATE JOURNAL, WEDNESDAY, OCTOBER 25, 2017 Attest: VINCENT L. KEERAN, Clerk.