JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES OHIO SENATE JOURNAL

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1 JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES OHIO SENATE JOURNAL TUESDAY, JANUARY 31, 2017

2 SENATE JOURNAL, TUESDAY, JANUARY 31, TENTH DAY Senate Chamber, Columbus, Ohio Tuesday, January 31, 2017, 11:30 a.m. The Senate met pursuant to adjournment. The journal of the last legislative day was read and approved. Senator Oelslager was in attendance. INTRODUCTION AND FIRST CONSIDERATION OF BILLS The following bills were introduced and considered for the first time: S. B. No. 1 - Senator LaRose. Cosponsors: Senators Gardner, Hoagland, Bacon, Hottinger, Beagle, Oelslager, Yuko, Hite, Eklund, Manning, Burke, Terhar, Hackett. To amend sections , , , , , , , , , , , , , and of the Revised Code to increase penalties for drug trafficking violations, drug possession violations, and aggravated funding of drug trafficking when the drug involved in the offense is a fentanyl-related compound, to revise the manner of determining sentence for certain violations of the offense of permitting drug abuse, and to add lisdexamfetamine to the list of schedule II controlled substances. S. B. No. 2 - Senator Hite. Cosponsors: Senators Gardner, Manning, Yuko, Williams, Brown, Sykes. To amend sections , , , , , , , , , , , , , , , , , , , , , , and and to enact sections , , , , and of the Revised Code to revise specified laws relating to environmental protection. S. B. No. 3 - Senators Beagle, Balderson. Cosponsors: Senators Bacon, Brown, Gardner, Hite, Hoagland, Manning, Tavares, Terhar. To amend sections , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

3 76 SENATE JOURNAL, TUESDAY, JANUARY 31, 2017 and ; to enact sections 5.281, , , and ; and to repeal sections , , , , , , and of the Revised Code, and to amend Section of Am. Sub. H.B. 64 of the 131st General Assembly to revise the laws governing the state's workforce development system, programs that may be offered by primary and secondary schools, certificates of qualification for employment, and the Opportunities for Ohioans with Disabilities Agency, and to designate the first week of May as In-Demand Jobs Week. S. B. No. 4 - Senators Kunze, Oelslager. Cosponsors: Senators Obhof, Terhar, Gardner, Hite, Eklund, Huffman, LaRose, Hottinger. To amend sections and and to enact section of the Revised Code to allow a person who is found not guilty of an offense or who is the defendant named in a dismissed criminal charge to apply for a court order to expunge the person's official records in the case if the charge or not guilty finding was the result of the applicant having been a human trafficking victim, to allow a person convicted of certain prostitution-related offenses to apply for the expungement of the conviction record of any offense, other than a specified disqualifying offense, the person's participation in which was a result of having been a human trafficking victim, and to allow intervention in lieu of conviction for persons charged with committing an offense while a victim of compelling prostitution. S. B. No. 5 - Senators Hottinger, Eklund. Cosponsors: Senators Gardner, LaRose. To amend section of the Revised Code to increase the maximum income tax deduction for contributions to college savings accounts and disability expense savings accounts to $10,000 annually for each beneficiary, to create the Joint Committee on Ohio College Affordability, and to declare an emergency. S. B. No. 6 - Senator Hoagland Cosponsors: Senators LaRose, Obhof, Gardner. To enact section of the Revised Code to extend the Ohio Bridge Partnership Program through the end of fiscal year 2019 and to require the Director of Transportation to submit a report to the Governor, Senate, and House of Representatives recommending ways to continue to fund the program. S. B. No. 7 - Senators Bacon, Manning. Cosponsors: Senators Obhof, Beagle, Gardner, Uecker, Eklund, LaRose, Skindell, Huffman, Hite, Brown, Schiavoni, Hoagland. To amend section of the Revised Code to provide that service of a protection order or consent agreement upon a person is not necessary for the

4 SENATE JOURNAL, TUESDAY, JANUARY 31, person to be convicted of the offense of violating a protection order if the person had actual notice of the order or agreement and the person recklessly violated its terms. S. B. No. 8 - Senators Gardner, Terhar. Cosponsors: Senators Beagle, Eklund, Hite, Brown, Manning, Oelslager, Uecker. To enact section of the Revised Code to require the Ohio School Facilities Commission to establish a program assisting school districts in purchasing technology and making physical alterations to improve technology infrastructure and school safety and security. S. B. No. 9 - Senator Bacon. Cosponsors: Senators Hottinger, Manning, Obhof, Eklund, Hoagland, Balderson, Uecker, Gardner, Beagle, Yuko, Hite, Lehner, LaRose, Williams, Schiavoni. To provide for a three-day sales tax "holiday" in August 2017 during which sales of clothing and school supplies are exempt from sales and use taxes. S. B. No Senator LaRose. Cosponsors: Senators Gardner, Beagle, Coley, Uecker, Hottinger, Peterson, Sykes, Jordan, Hite, Oelslager, Bacon, Manning, Yuko, Eklund, Huffman, Brown, Hackett, Williams, Hoagland. To amend sections , , , , and of the Revised Code to expand the circumstances under which a board of elections or the secretary of state is not required to hold a primary election. S. B. No Senator Tavares. Cosponsors: Senators Thomas, Yuko, Schiavoni, Skindell. To enact section of the Revised Code to designate March 31 as "Cesar E. Chavez Day" in Ohio. S. B. No Senator Tavares. Cosponsors: Senators Thomas, Yuko. To enact section of the Revised Code to provide that a defendant cannot be executed if the defendant's race was the basis of the decision to seek or impose the death penalty, to permit a defendant to file a motion alleging that the defendant's race was the basis of the decision to seek or impose the death penalty, and to specify the procedure for determining if the defendant's race was the basis of that decision. S. B. No Senator Tavares. Cosponsor: Senator Thomas. To amend sections , , , , , and and to enact sections , , and of the Revised Code to grant a person the right to lawfully record any incident

5 78 SENATE JOURNAL, TUESDAY, JANUARY 31, 2017 involving a law enforcement officer and to impose civil liability upon the state or a local law enforcement agency if a law enforcement officer employed by the state or local law enforcement agency interferes with the recording of the incident, destroys the recording, seizes the recording without a warrant or subpoena or the person's consent, or retaliates against the person who recorded the incident. S. B. No Senator Tavares. Cosponsors: Senators Thomas, Skindell. To amend sections , , , , , , , and and to enact sections , , and of the Revised Code to require that domestic workers be paid the higher of the minimum wage provided in Section 34a of Article II, Ohio Constitution, or the minimum wage provided in the Fair Labor Standards Act, to require that domestic workers be paid overtime wages, to make certain conduct directed toward a domestic worker an unlawful discriminatory practice, and to require a weekly day of rest for domestic workers. S. B. No Senator Tavares. Cosponsors: Senators Thomas, Yuko, Schiavoni, Skindell. To amend sections and and to enact sections , , and of the Revised Code to require community colleges, state community colleges, technical colleges, and university branches to comply with minority business enterprise set-aside requirements, and to require the Director of Administrative Services to establish guidelines for these entities, and the Northeast Ohio Medical University, to establish procurement goals for contracting with EDGE business enterprises. S. B. No Senator Tavares. Cosponsor: Senator Thomas. To amend section of the Revised Code to require certain health care professionals to complete instruction in cultural competency. S. B. No Senator Tavares. Cosponsors: Senators Thomas, Yuko, Schiavoni, Skindell. To amend section of the Revised Code to increase monthly allocations to the Local Government Fund from 1.66% to 3.68% of the total tax revenue credited to the General Revenue Fund each month. S. B. No Senator Thomas. Cosponsors: Senators Eklund, Gardner, Beagle, Yuko, Sykes, Brown, Obhof. To enact section of the Revised Code to designate September 12 as "Jesse Owens Day." S. B. No Senator Thomas. Cosponsor: Senator Yuko.

6 SENATE JOURNAL, TUESDAY, JANUARY 31, To amend sections and of the Revised Code to prohibit prosecuting attorneys of counties with a population of 400,001 or more from engaging in the private practice of law. S. B. No Senator Hackett. Cosponsors: Senators Gardner, Uecker, Yuko, Wilson. To amend sections , , and and to enact section of the Revised Code to require an additional prison term of 3 to 8 years for an offender who is convicted of or pleads guilty to a felony offense of violence if the offender is convicted of or pleads guilty to a specification that the victim suffered permanent disabling harm. S. B. No Senator Uecker. Cosponsors: Senators Hoagland, Huffman, Williams, Hite. To amend sections and of the Revised Code to reduce the minimum number of precinct election officials in a precinct in which electronic pollbooks are used and to eliminate the requirement that a board of elections send a notice to a person's residence address when the board cancels the person's voter registration because it received a report of the person's death. S. B. No Senator Peterson. To amend section of the Revised Code to expressly incorporate changes in the Internal Revenue Code since February 14, 2016, into Ohio law. S. B. No Senator Terhar. To enact section of the Revised Code to designate January 31 as "Omphalocele Awareness Day." S. B. No Senator Terhar. To amend section and to enact sections , , , , , , , , , , , , , , , , , , , , , , , , , , , , , and of the Revised Code to create the Ohio Consumer Installment Loan Act. S. B. No Senator Hottinger. To amend sections , , , , , , , , and of the Revised Code to create the Perry County Municipal Court in New Lexington on January 1, 2018, to establish one full-time judgeship in that court, to provide for the nomination of the judge by petition only, to abolish the Perry County County Court on that date, to designate the Perry County Clerk of Courts as the clerk of the Perry County Municipal Court, and to provide for the election for the Perry County Municipal Court of one full-time judge in 2017.

7 80 SENATE JOURNAL, TUESDAY, JANUARY 31, 2017 S. B. No Senators Hottinger, Jordan. Cosponsors: Senators Beagle, Eklund, Gardner, Yuko, Oelslager, Terhar, Skindell, Hoagland, Williams, Hackett, Hite, Manning, Balderson, Brown. To enact section of the Revised Code to designate a portion of State Route 205 and United States Route 62 in Knox County as the "Officer Thomas W. Cottrell Jr. Memorial Highway." S. B. No Senator Beagle. Cosponsors: Senators Bacon, Brown, Eklund, Gardner, Manning, Obhof, Schiavoni, Thomas, Uecker, Williams, Yuko, Hoagland, Oelslager. To amend section of the Revised Code to designate the period beginning March 13 and ending April 15 as "Ohio Deaf History Month." S. B. No Senator Uecker. Cosponsors: Senators Obhof, Huffman, Hottinger, Hite, Eklund, LaRose, Coley, Hoagland. To amend sections , , and and to enact sections , , , , , , , , , , , , , , , , , and of the Revised Code regarding final disposition of fetal remains from surgical abortions. S. B. No Senators Coley, Oelslager. Cosponsors: Senators Gardner, Beagle, Eklund. To amend sections , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

8 SENATE JOURNAL, TUESDAY, JANUARY 31, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 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 , and to repeal sections , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

9 82 SENATE JOURNAL, TUESDAY, JANUARY 31, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , and of the Revised Code for the purpose of enacting a new banking law for the State of Ohio. OFFERING OF RESOLUTIONS Senator Thomas offered the following concurrent resolution: S. C. R. No. 2-Senator Thomas. To urge municipal corporations throughout the state to adopt a Municipal Identification Card Program. On the motion of Senator LaRose, S. C. R. No. 2, was referred to the Committee on Rules and Reference. Senator Thomas and Burke offered the following concurrent resolution: S. C. R. No. 3-Senators Thomas, Burke. To urge the Commissioner of Major League Baseball to remove Peter Edward "Pete" Rose from Major League Baseball's permanently ineligible list as soon as possible, and to urge the Baseball Writers' Association of America and the National Baseball Hall of Fame to include Rose on the Hall of Fame ballot. On the motion of Senator Gardner, S. C. R. No. 3, was referred to the Committee on Rules and Reference. Senator Thomas offered the following resolution: S. R. No. 19-Senators Thomas. To urge the Congress of the United States to enact legislation rescinding the January 27, 2017, presidential executive order regarding immigration and limiting the authority of the President of the United States to prohibit classes of persons from entering the United States. On the motion of Senator LaRose, S. R. No. 19, was referred to the Committee on Rules and Reference.

10 SENATE JOURNAL, TUESDAY, JANUARY 31, Pursuant to Senate Rule No. 54, the following resolutions were offered: S. R. No Senator Balderson. Honoring the Village of Dresden on its Bicentennial. S. R. No Senator Yuko. Honoring the City of South Euclid on its Centennial. S. R. No Senator Yuko. Honoring the City of Richmond Heights on its Centennial. S. R. No Senators Williams, Yuko. Honoring Youth Technology Academy Team 120: Cleveland s Team on winning the 2016 FIRST Robotics World Championship. S. R. No Senator Hottinger. Honoring Cody Garbrandt as the Ultimate Fighting Championship Bantamweight Champion. The question being, "Shall the resolutions listed under the President's prerogative be adopted?" So the resolutions were adopted. MESSAGE FROM THE PRESIDENT Pursuant to Senate Rules No. 19 and 20, the President of the Senate makes the following appointments to the following Senate standing committees for the 132 nd General Assembly: AGRICULTURE Hite, Chair Hoagland, Vice Chair Beagle Hackett Kunze LaRose Peterson Uecker O'Brien, Ranking Minority Skindell Tavares EDUCATION

11 84 SENATE JOURNAL, TUESDAY, JANUARY 31, 2017 Lehner, Chair Huffman, Vice Chair Coley Gardner Hite Manning Terhar Wilson Sykes, Ranking Minority Thomas Yuko ENERGY & NATURAL RESOURCES Balderson, Chair Jordan, Vice Chair Bacon Dolan Hite Hoagland Hottinger LaRose Gardner O'Brien, Ranking Minority Skindell Williams FINANCE Oelslager, Chair Manning, Vice Chair Bacon Balderson Beagle Burke Coley Dolan Eklund Lehner Skindell, Ranking Minority Sykes Tavares Finance - Primary & Secondary Education Subcommittee Hite, Chair Lehner Huffman Sykes, Vice Chair Yuko

12 SENATE JOURNAL, TUESDAY, JANUARY 31, Manning Balderson Finance - General Government & Agency Review Subcommittee Jordan, Chair Eklund Hoagland LaRose Peterson Uecker O'Brien, Vice Chair Schiavoni Skindell Finance - Higher Ed Subcommittee Gardner, Chair Bacon Williams, Vice Chair Dolan Thomas Kunze Wilson Finance - Health & Medicaid Subcommittee Hackett, Chair Beagle Burke Coley Hottinger Terhar Tavares, Vice Chair Brown GOVERNMENT OVERSIGHT & REFORM Coley, Chair Uecker, Vice Chair Yuko, Ranking Minority

13 86 SENATE JOURNAL, TUESDAY, JANUARY 31, 2017 Bacon Balderson Huffman Jordan LaRose Peterson Brown Skindell HEALTH, HUMAN SERVICES & MEDICAID Burke, Chair Beagle, Vice Chair Hackett Hottinger Huffman Kunze Lehner Oelslager Gardner Tavares, Ranking Minority Brown Sykes INSURANCE & FINANCIAL INSTITUTIONS Hottinger, Chair Hackett, Vice Chair Bacon Beagle Burke Dolan Jordan Kunze Terhar Wilson Brown, Ranking Minority Yuko Williams JUDICIARY Bacon, Chair Dolan, Vice Chair Coley Eklund Huffman Lehner Oelslager Thomas, Ranking Minority Skindell O'Brien

14 SENATE JOURNAL, TUESDAY, JANUARY 31, LOCAL GOVERNMENT, PUBLIC SAFETY & VETERANS AFFAIRS Uecker, Chair Wilson, Vice Chair Hackett Hoagland Manning Peterson Terhar Thomas, Ranking Minority Sykes Yuko PUBLIC UTILITIES Beagle, Chair LaRose, Vice Chair Balderson Burke Eklund Hite Huffman Jordan Terhar Uecker Williams, Ranking Minority O'Brien Sykes TRANSPORTATION, COMMERCE & WORKFORCE LaRose, Chair Kunze, Vice Chair Beagle Dolan Hoagland Hottinger Manning Uecker Tavares, Ranking Minority O'Brien Yuko WAYS & MEANS Eklund, Chair

15 88 SENATE JOURNAL, TUESDAY, JANUARY 31, 2017 Terhar, Vice Chair Williams, Ranking Minority Beagle Tavares Hackett Thomas Jordan Lehner Peterson Wilson MESSAGE FROM THE PRESIDENT Pursuant to Section of the Ohio Revised Code, the President of the Senate appoints Senator Jay Hottinger as a temporary replacement for Senator Troy Balderson on the Joint Committee on Agency Rule Review (JCARR) for the purpose of the committee's meeting on Monday, January 31, On the motion of Senator LaRose, the Senate adjourned until Wednesday, February 1, 2017 at 11:00 a.m. Attest: VINCENT L. KEERAN, Clerk.