JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES OHIO SENATE JOURNAL WEDNESDAY, FEBRUARY 28, 2018
1684 SENATE JOURNAL, WEDNESDAY, FEBRUARY 28, 2018 ONE HUNDRED FIFTY-FIRST DAY Senate Chamber, Columbus, Ohio Wednesday, February 28, 2018, 1:30 p.m. The Senate met pursuant to adjournment. Prayer was offered by Reverend Thomas Wise, Valleyview Church in Dayton, Ohio, followed by the Pledge of Allegiance to the Flag, lead by students from the Patrick Henry High School American Government Class. 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 LaRose recognized Sarah Walker from the Peninsula Foundation. Senators Brown and Gardner recognized the University of Toledo football team as the 2017 Mid-American Conference Champion. 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: Sub. H. B. No. 283 -Representative Rezabek, et al. To amend section 3107.05 and to enact sections 3107.041, 3107.042, 3107.043, 3107.044, 3107.045, 3107.046, 3107.047, 3107.048, 3107.049, and 3107.131 of the Revised Code regarding certain adoptions involving abused, neglected, or dependent children and to allow posthumous final decrees of adoption. To the Committee on Judiciary. Sub. H. B. No. 300 -Representative Barnes, et al. To amend sections 4507.50 and 4507.52 of the Revised Code to provide that any nondriver identification card that is issued to a resident of Ohio who is permanently or irreversibly disabled must be issued with a 15-year expiration date and to exempt such cardholders who are also unemployed from the identification card fees. To the Committee on Local Government, Public Safety and Veterans Affairs.
SENATE JOURNAL, WEDNESDAY, FEBRUARY 28, 2018 1685 Am. H. B. No. 341 -Representatives Huffman, Cera, et al. To amend sections 149.43 and 149.45 of the Revised Code to include judges as individuals whose residential and familial information is exempt from disclosure under the Public Records Law, and whose addresses public offices, upon request, must redact from records available to the general public on the internet. To the Committee on Judiciary. Sub. H. B. No. 478 -Representatives Smith, R., LaTourette, et al. To amend sections 4939.01, 4939.02, 4939.03, 4939.031, 4939.035, 4939.038, 4939.0311, 4939.0313, 4939.0315, 4939.0319, 4939.0325, and 4939.08; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 4939.035 (4939.036), 4939.038 (4939.037), 4939.039 (4939.038), 4939.0313 (4939.0312), 4939.0315 (4939.0313), 4939.0317 (4939.0315), 4939.0319 (4939.0316), 4939.0325 (4939.0322), and 4939.0327 (4939.0323) and to enact new sections 4939.039 and 4939.0317 and sections 4939.0314, 4939.0329, and 4939.09, and to repeal sections 4939.032, 4939.033, 4939.037, and 4939.0321 of the Revised Code to modify the law regarding wireless service and the placement of small cell wireless facilities in the public way. To the Committee on Public Utilities. S. B. No. 250 -Senator Hoagland, et al. To amend sections 2307.61, 2909.07, 2909.10, 2911.21, and 2911.211 of the Revised Code to prohibit criminal mischief, criminal trespass, and aggravated trespass on a critical infrastructure facility, to impose fines for organizations that are complicit in those offenses, and to impose civil liability for damage caused by trespass on a critical infrastructure facility. To the Committee on Judiciary. S. B. No. 257 -Senators Uecker, O'Brien, et al. To amend sections 1531.01, 1533.01, 1533.10, 1533.101, 1533.102, 1533.103, 1533.11, 1533.111, 1533.13, 1533.32, and 2923.16 and to enact sections 1533.321 and 1533.38 of the Revised Code to make changes to the laws governing hunting and fishing. To the Committee on Energy and Natural Resources. S. B. No. 258 -Senator Schiavoni, et al.
1686 SENATE JOURNAL, WEDNESDAY, FEBRUARY 28, 2018 To require the State Board of Education to establish criteria and procedures for the awarding of school safety funds to school districts and to make an appropriation. To the Committee on Finance. S. B. No. 259 -Senator Hackett To amend sections 4730.06, 4730.11, 4730.201, 4730.203, 4730.21, 4730.38, 4730.39, 4730.41, 4730.42, and 4730.43, to enact section 4730.15, and to repeal section 4730.40 of the Revised Code to revise the law regulating physician assistant practice. To the Committee on Health, Human Services and Medicaid. S. B. No. 260 -Senators Skindell, Tavares, et al. To amend section 109.52 and to enact sections 109.67 and 2923.171 of the Revised Code to prohibit a person from knowingly possessing or acquiring an assault weapon and to require the Attorney General to prepare for the establishment of a firearm and ammunition transactions database. To the Committee on Government Oversight and Reform. S. B. No. 263 -Senators Huffman, Wilson, et al. To amend sections 109.572, 147.01, 147.03, 147.04, 147.05, 147.06, 147.07, 147.08, 147.13, 147.14, 147.37, 147.371, 147.51, 147.55, and 2303.20, to enact sections 147.011, 147.021, 147.022, 147.031, 147.032, 147.041, 147.051, 147.141, 147.142, 147.542, 147.551, 147.59, 147.591, 147.60, 147.61, 147.62, 147.63, 147.64, 147.65, and 147.66, and to repeal sections 147.02 and 147.09 of the Revised Code to enact the Notary Public Modernization Act. To the Committee on Insurance and Financial Institutions. S. B. No. 266 -Senator Oelslager, et al. To amend section 164.05 of the Revised Code to make capital appropriations and changes to the law governing capital projects and to make reappropriations for the biennium ending June 30, 2020. To the Committee on Finance. YES - 13: EDNA BROWN, DAVE BURKE, WILLIAM P. COLEY, II, JOHN EKLUND, RANDY GARDNER, MATT HUFFMAN,
SENATE JOURNAL, WEDNESDAY, FEBRUARY 28, 2018 1687 STEPHANIE KUNZE, LARRY OBHOF, SCOTT OELSLAGER, BOB PETERSON, CHARLETA B. TAVARES, CECIL THOMAS, KENNY YUKO 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 Bacon submitted the following report: The standing committee on Judiciary, to which was referred S. B. No. 66- Senators Eklund, Tavares, et al., having had the same under consideration, reports back a substitute bill and recommends its passage. YES - 10: SCOTT OELSLAGER, CECIL THOMAS, MICHAEL J. SKINDELL, SEAN O'BRIEN, MATT HUFFMAN, PEGGY LEHNER, WILLIAM P. COLEY, II, KEVIN BACON, MATT DOLAN, JOHN EKLUND Senator Coley submitted the following report: The standing committee on Government Oversight and Reform, to which was referred S. R. No. 342-Senator Kunze, et al., having had the same under consideration, reports it back and recommends its adoption. Co-Sponsors: LaRose, Uecker, Brown, Huffman. YES - 10: WILLIAM P. COLEY, II, KRIS JORDAN, FRANK LAROSE, BOB PETERSON, JOE UECKER, TROY BALDERSON, KEVIN BACON, MICHAEL J. SKINDELL, EDNA BROWN, MATT HUFFMAN Senator Eklund submitted the following report:
1688 SENATE JOURNAL, WEDNESDAY, FEBRUARY 28, 2018 The standing committee on Ways and Means, to which was referred H. B. No. 24-Representative Ginter, et al., having had the same under consideration, reports back a substitute bill and recommends its passage. Co-Sponsors: Terhar, Beagle, Hackett, Peterson, Wilson. YES - 11: LOU TERHAR, JOHN EKLUND, SANDRA WILLIAMS, JOSEPH SCHIAVONI, CECIL THOMAS, BILL BEAGLE, BOB D. HACKETT, PEGGY LEHNER, BOB PETERSON, STEVE WILSON, KRIS JORDAN Senator LaRose submitted the following report: The standing committee on Transportation, Commerce and Workforce, to which was referred Am. H. B. No. 195-Representatives Ingram, Seitz, et al., having had the same under consideration, reports back a substitute bill and recommends its passage. Co-Sponsors: Brown, LaRose, Tavares. YES - 10: JAY HOTTINGER, FRANK HOAGLAND, MATT DOLAN, EDNA BROWN, JOE UECKER, STEPHANIE KUNZE, FRANK LAROSE, JOSEPH SCHIAVONI, CHARLETA B. TAVARES, ROB MCCOLLEY Senator Oelslager submitted the following report: The standing committee on Finance, to which was referred Sub. H. B. No. 168-Representative Stein, et al., having had the same under consideration, reports it back and recommends its passage. Co-Sponsors: Beagle, Tavares. YES - 12: DAVE BURKE, BILL BEAGLE, PEGGY LEHNER, MATT DOLAN, TROY BALDERSON, SCOTT OELSLAGER, WILLIAM P. COLEY, II, JOHN EKLUND, KEVIN BACON, MICHAEL J. SKINDELL, CHARLETA B. TAVARES, VERNON SYKES
SENATE JOURNAL, WEDNESDAY, FEBRUARY 28, 2018 1689 Senator Oelslager submitted the following report: The standing committee on Finance, to which was referred Sub. H. B. No. 251-Representative Greenspan, et al., having had the same under consideration, reports it back and recommends its passage. Co-Sponsors: Eklund, Beagle. YES - 12: DAVE BURKE, BILL BEAGLE, PEGGY LEHNER, MATT DOLAN, TROY BALDERSON, SCOTT OELSLAGER, WILLIAM P. COLEY, II, JOHN EKLUND, KEVIN BACON, MICHAEL J. SKINDELL, CHARLETA B. TAVARES, VERNON SYKES Senator Uecker submitted the following report: The standing committee on Local Government, Public Safety and Veterans Affairs, to which was referred H. B. No. 194-Representatives Johnson, Craig, et al., having had the same under consideration, reports back a substitute bill and recommends its passage. Co-Sponsors: Uecker, Terhar, Wilson, Hackett. YES - 9: JOE UECKER, LOU TERHAR, CECIL THOMAS, VERNON SYKES, STEVE WILSON, BOB D. HACKETT, FRANK HOAGLAND, BOB PETERSON, SEAN O'BRIEN The question being, "Shall the reports of the committees be accepted?" The reports of the committees were accepted. Senator Obhof submitted the following report: The Standing Committee on Rules and Reference to which were referred the appointments by the Governor of: Jo Ann Davidson, Republican, from Reynoldsburg, Franklin County, Ohio, as a Member of the Ohio Casino Control Commission for a new term beginning February 22, 2018 and ending at the close of business February 21, 2022, replacing Jo Ann Davidson, whose term expired. Ranjan Manoranjan, CPA, Independent, from Upper Arlington, Franklin
1690 SENATE JOURNAL, WEDNESDAY, FEBRUARY 28, 2018 County, Ohio, as a Member of the Ohio Casino Control Commission for a new term beginning February 22, 2018 and ending at the close of business February 21, 2022, replacing Ranjan Manoranjan, whose term expired. Pamela M. Mowry, from Ashland, Ashland County, Ohio, as a Member of the North Central State College Board of Trustees for a new term beginning January 25, 2018 and ending at the close of business January 16, 2021, replacing Pamela M. Mowry, whose term expired. Having had the same under consideration, reports back the recommendation that the Senate advise and consent to said appointments. YES 13: EDNA BROWN, DAVE BURKE, WILLIAM P. COLEY, II, JOHN EKLUND, RANDY GARDNER, MATT HUFFMAN, STEPHANIE KUNZE, LARRY OBHOF, SCOTT OELSLAGER, BOB PETERSON, CHARLETA B. TAVARES, CECIL THOMAS, KENNY YUKO 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: Peterson Schiavoni Skindell Sykes Tavares Terhar Thomas Uecker Williams Wilson Yuko Obhof-32 So the Senate advised and consented to said appointments. RESOLUTIONS REPORTED BY COMMITTEE S. R. No. 342-Senator Kunze. Cosponsors: Senators Bacon, Tavares, LaRose, Uecker, Brown, Huffman. To urge the investor-operator and chairperson of Columbus Crew Soccer Club to keep the franchise in Columbus. WHEREAS, On October 16, 2017, the investor-operator and chairperson of Columbus Crew Soccer Club announced his intention to explore relocation of the franchise to Austin, Texas; and WHEREAS, Columbus Crew Soccer Club is the first charter member of Major League Soccer, founded in 1996; and
SENATE JOURNAL, WEDNESDAY, FEBRUARY 28, 2018 1691 WHEREAS, Columbus is home to the first soccer-specific stadium in the United States, built to provide stability to Major League Soccer at a time of uncertainty in the young league's existence, creating a foundation for Major League Soccer to persist through the contraction of franchises in Miami and Tampa Bay in 2002, endangering the life of the league, to grow to its current size of twenty-two total franchises; and WHEREAS, The players, coaches, and staff have represented the city of Columbus nationally and internationally with a high level of skill, determination, confidence, and character, earning them the nom de guerre "America's Hardest Working Team," and winning the 2008 MLS Cup; the 2004, 2008, and 2009 Supporters' Shields; and the 2002 Lamar Hunt U.S. Open Cup; and WHEREAS, Columbus Crew Soccer Club and its charitable arm, Crew SC Foundation, have worked to strengthen the Columbus community through numerable volunteer hours with programs such as Soccer Aid, fundraisers for the Juvenile Diabetes Research Foundation, Columbus Reads, Keep Columbus Beautiful, Soccer for Success, and the Kirk Urso Memorial Scholarship, and through the adoption of the Linden-McKinley STEM Academy boys varsity team, helping Linden-McKinley to field a team for the first time in ten years; and WHEREAS, Columbus Crew Soccer Club has produced an economic impact of $20 million to $25 million according to an economic impact study the franchise commissioned in 2011, and has secured high-profile corporate sponsorships in the intervening timeframe with major companies like Mapfre Insurance, central Ohio's Barbasol, and major central Ohio employer, Honda, through Honda's Acura brand; now therefore be it RESOLVED, That we, the members of the Senate of the 132nd General Assembly of the State of Ohio, in adopting this resolution, urge the investor-operator and chairperson of Columbus Crew Soccer Club to keep the Crew Soccer Club in Columbus; and be it further RESOLVED, That the Clerk of the Senate transmit a duly authenticated copy of this resolution to the investor-operator and chairperson of Columbus Crew Soccer Club and to the news media of Ohio. The question being, Shall the resolution, S. R. No. 342, be adopted? The yeas and nays were taken and resulted yeas 32, nays 0, as follows: Peterson Schiavoni Skindell Sykes Tavares Terhar Thomas Uecker
1692 SENATE JOURNAL, WEDNESDAY, FEBRUARY 28, 2018 Williams Wilson Yuko Obhof-32 So the resolution was adopted. The question being, "Shall the title be agreed to?" Senator Kunze moved to amend the title as follows: Add the names: "Senators Hackett, Hottinger, Lehner, O'Brien, Peterson, Schiavoni, Skindell, Thomas, Yuko." The question being, Shall the motion be agreed to? The motion was agreed to and the title so amended. BILLS FOR THIRD CONSIDERATION Sub. H. B. No. 194-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 Senators Uecker, Terhar, Wilson, Hackett. To amend section 307.6910, to enact section 4503.29, and to repeal sections 4503.431, 4503.432, 4503.433, 4503.434, 4503.436, 4503.48, 4503.481, 4503.53, 4503.532, 4503.533, 4503.536, 4503.537, 4503.538, 4503.54, 4503.541, 4503.543, 4503.544, 4503.547, 4503.548, 4503.581, 4503.59, and 4503.731 of the Revised Code to establish a program for the issuance of special license plates related to military service and awards and to modify the law that governs the nonprofit corporation organized to operate the Veterans Memorial and Museum in Columbus, was considered the third time. The question being, "Shall the bill, Sub. H. B. No. 194, pass?" The yeas and nays were taken and resulted yeas 32, nays 0, as follows: Peterson Schiavoni Skindell Sykes Tavares Terhar Thomas Uecker Williams Wilson Yuko Obhof-32 So the bill passed.
SENATE JOURNAL, WEDNESDAY, FEBRUARY 28, 2018 1693 The question being, Shall the title be agreed to? Senator Uecker moved to amend the title as follows: Add the names: "Senators Bacon, Balderson, Beagle, Brown, Burke, Coley, Dolan, Eklund, Gardner, Hoagland, Hottinger, Huffman, Kunze, LaRose, Lehner, Obhof, O'Brien, Oelslager, Peterson, Skindell, Sykes, Tavares, Thomas, Williams." The question being, Shall the motion be agreed to? The motion was agreed to and the title so amended. Am. S. B. No. 21-Senator Uecker. Cosponsors: Senators Hoagland, Huffman, Hite, Coley. To amend section 3501.22 of the Revised Code to reduce the minimum number of precinct election officials in a precinct in which electronic pollbooks are used, was considered the third time. The question being, "Shall the bill, Am. S. B. No. 21, pass?" The yeas and nays were taken and resulted yeas 27, nays 5, as follows: Peterson Sykes Terhar Uecker Wilson Yuko Obhof-27 Senators Schiavoni, Skindell, Tavares, Thomas, and Williams voted in the negative-5. So the bill passed. The question being, Shall the title be agreed to? Senator Uecker moved to amend the title as follows: Add the names: "Senators Balderson, Burke, Dolan, Eklund, Hackett, Jordan, Lehner, McColley, Obhof, Terhar, Wilson." The question being, Shall the motion be agreed to? The motion was agreed to and the title so amended. Sub. S. B. No. 66-Senators Eklund, Tavares. Cosponsors: Senators Schiavoni, Terhar, Thomas, Coley, Williams. To amend sections 2929.11, 2929.13, 2929.15, 2929.16, 2929.19, 2951.041, 2953.31, 2967.16, 2967.28, 5503.02, and 5747.99 of the Revised Code to modify criminal sentencing and corrections law by including the promotion of effective rehabilitation as a purpose of felony sentencing, removing the one-year minimum for presumptive fourth or fifth degree felony community control sanctions, modifying sanctions for a violation of a
1694 SENATE JOURNAL, WEDNESDAY, FEBRUARY 28, 2018 community control condition, modifying the manner of calculating confinement credits, modifying eligibility criteria and procedures for granting intervention in lieu of conviction, making offenders convicted of certain multiple fourth or fifth degree felonies eligible for conviction record sealing, revising procedures for the Adult Parole Authority to grant a final release or terminate post-release control, and modifying the criteria for considering a prison term sanction for a post-release control violation; to extend the State Highway Patrol's authority to enforce criminal laws to also apply to the Northeast Ohio Correctional Center; and to modify the penalty for an employer's failure to remit state income taxes withheld from an employee, was considered the third time. The question being, "Shall the bill, Sub. S. B. No. 66, pass?" The yeas and nays were taken and resulted yeas 32, nays 0, as follows: 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, Hoagland, Huffman, Kunze, LaRose, Lehner, McColley, Obhof, O'Brien, Oelslager, Skindell, Sykes, Wilson." The question being, Shall the motion be agreed to? The motion was agreed to and the title so amended. Sub. S. B. No. 125-Senator Beagle. Cosponsors: Senators Eklund, Hite, Manning, Terhar, Wilson. To amend sections 3119.01, 3119.02, 3119.021, 3119.04, 3119.05, 3119.06, 3119.22, 3119.23, 3119.24, 3119.29, 3119.30, 3119.302, 3119.31, 3119.32, 3119.61, 3119.63, 3119.76, 3119.79, 3119.89, 3121.36, and 3123.14 and to enact new sections 3119.022 and 3119.023 and sections 3119.051, 3119.231, and 3119.303, and to repeal sections 3119.022, 3119.023, and 3119.024 of the Revised Code to make changes to the laws governing child support, was considered the third time. The question being, "Shall the bill, Sub. S. B. No. 125, pass?" The yeas and nays were taken and resulted yeas 27, nays 5, as follows:
SENATE JOURNAL, WEDNESDAY, FEBRUARY 28, 2018 1695 Peterson Sykes Terhar Uecker Williams Wilson Obhof-27 Senators Schiavoni, Skindell, Tavares, Thomas, and Yuko voted in the negative-5. So the bill passed. The question being, Shall the title be agreed to? Senator Beagle moved to amend the title as follows: Add the names: "Senators Coley, Hackett, Hoagland, Huffman, Lehner." The question being, Shall the motion be agreed to? The motion was agreed to and the title so amended. Senator Peterson moved that the vote, whereby Am. S. B. No. 21-Senator Uecker was passed, be now reconsidered. The question being, "Shall the motion to reconsider be agreed to?" The yeas and nays were taken and resulted yeas 32, nays 0, as follows: Peterson Schiavoni Skindell Sykes Tavares Terhar Thomas Uecker Williams Wilson Yuko Obhof-32 The motion was agreed to. Am. S. B. No. 21 - Senator Uecker. Cosponsors: Senators Hoagland, Huffman, Hite, Coley, Balderson, Burke, Dolan, Eklund, Hackett, Jordan, Lehner, McColley, Obhof, Terhar, Wilson. To amend section 3501.22 of the Revised Code to reduce the minimum number of precinct election officials in a precinct in which electronic pollbooks are used. The question being, "Shall the bill, Am. S. B. No. 21, pass?" The yeas and nays were taken and resulted yeas 28, nays 4, as follows:
1696 SENATE JOURNAL, WEDNESDAY, FEBRUARY 28, 2018 Peterson Sykes Terhar Uecker Williams Wilson Yuko Obhof-28 Senators Schiavoni, Skindell, Tavares, and Thomas voted in the negative-4. So the bill passed. MOTIONS Senator Gardner moved that Senators absent the week of Sunday, February 25, 2018, be excused, so long as a written explanation is on file with the Clerk pursuant to Senate Rule No. 17. The question being, "Shall the motion be agreed to?" The motion was agreed to. On the motion of Senator Peterson, the Senate adjourned until Thursday, March 1, 2018 at 11:00 a.m. Attest: VINCENT L. KEERAN, Clerk.