December 6, 2011 House Journal, Tuesday, December 6, 2011 1405

JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES

OHIO House of Representatives JOURNAL

TUESDAY, DECEMBER 6, 2011 HOUSE JOURNAL, TUESDAY, DECEMBER 6, 2011 1405

ONE HUNDRED SIXTH DAY Hall of the House of Representatives, Columbus, Ohio Tuesday, December 6, 2011, 11:00 o'clock a.m. The House met pursuant to adjournment. Prayer was offered by Reverend Ron Reese of the Hedges Chapel Church in Ashville, Ohio, followed by the Pledge of Allegiance to the Flag. The journal of the previous legislative day was read and approved. The following guests of the House of Representatives were recognized by Speaker Batchelder prior to the commencement of business:

Chaminade Julienne Catholic High School girls golf team received H. R. 223, presented by Representative Luckie-39th district. Laura Clemens received H. R. 233, presented by Speaker Batchelder-69th district. Bunyod Abdurashid and J.C. Christensen, guests of Representative Amstutz-3rd district. Mr. Adolfo Nunez and fourth grade students from the Academy of Multi Lingual Immersion School, guests of Representative Reece-33rd district. Michela Harrison and Madeline Gregory, guests of Representative Henne-36th district. Students and teachers from Nightingale Montessori, guests of Representative McGregor-72nd district. Students from Marysville High School, guests of Representative Pelanda-83rd district. Members of the Perry County Historical Society and Harold “Champ” Henson, guests of Representative Hayes-91st district. Joe Duval, a guest of Representative Peterson-85th district. Wife Sally Hollington, niece Elizabeth Greppin, and grandniece Katy Greppin of Representative Hollington-98th district.

INTRODUCTION OF BILLS The following bill was introduced: H. B. No. 390-Representative Combs. Cosponsors: Representatives Bubp, Okey.

To amend section 4737.04 of the Revised Code to prohibit scrap metal dealers from purchasing or receiving copper plumbing pipe from any person 1406 HOUSE JOURNAL, TUESDAY, DECEMBER 6, 2011 other than a plumber and purchasing or receiving an air conditioning unit from any person other than a heating, ventilating, and air conditioning contractor.

Said bill was considered the first time.

CONSIDERATION OF SENATE AMENDMENTS The Senate amendments to Sub. H. B. No. 209-Representative Adams, R., et al., were taken up for consideration. Sub. H. B. No. 209-Representative Adams, R. Cosponsors: Representatives Coley, Blessing, Stebelton, Grossman, Bubp, Combs, Hottinger, Rosenberger, Murray, Pillich, Hackett, Kozlowski, Boose, Thompson, McKenney, Hall, Carey, Huffman, Wachtmann, Brenner, Derickson, Phillips, Stinziano, McGregor, Adams, J., Sears, Slesnick, Anielski, Barnes, Beck, Buchy, Budish, Carney, Celeste, Damschroder, Dovilla, Driehaus, Duffey, Fende, Foley, Garland, Gentile, Goyal, Hagan, C., Henne, Hollington, Johnson, Letson, Luckie, McClain, Mecklenborg, Milkovich, Newbold, O'Brien, Patmon, Peterson, Reece, Roegner, Ruhl, Slaby, Szollosi, Uecker, Weddington, Winburn, Young, Yuko, Speaker Batchelder. Senators Hughes, Beagle, Bacon, Coley, Daniels, Eklund, Jordan, Niehaus, Obhof, Oelslager, Sawyer, Seitz, Skindell, Wagoner.

To amend sections 135.13, 135.144, 135.18, 135.353, and 135.37 and to enact sections 135.145 and 135.354 of the Revised Code to permit the Treasurer of State or a political subdivision, upon the deposit of public moneys with an eligible public depository, to arrange for the public depository to redeposit those moneys with other federally insured banks, savings banks, and savings and loan associations in accordance with specified conditions, to remove the one-year maturity limitation for certificates of deposit with respect to interim deposits, to alter the authority of the Treasurer of State to invest interim money in certificates of deposit, and to require public depositories to provide certain information to political subdivisions.

The question being, "Shall the Senate amendments be concurred in?" The yeas and nays were taken and resulted - yeas 92, nays 0, as follows: Those who voted in the affirmative were: Representatives

Hagan, R. Hall Hayes Heard Henne Hill Hollington Hottinger Huffman Johnson Kozlowski Landis Letson Luckie Lundy Maag Martin McClain McGregor Milkovich Murray Newbold O'Brien Okey Patmon Pelanda Peterson Phillips Ramos Reece Roegner Rosenberger Ruhl Schuring Sears Slesnick Sprague Stautberg Stebelton Stinziano Sykes Szollosi Terhar Thompson Uecker Wachtmann Weddington Williams Winburn Young Yuko Batchelder-92.

The Senate amendments were concurred in.

REPORTS OF STANDING AND SELECT COMMITTEES AND BILLS FOR SECOND CONSIDERATION Representative Fende submitted the following report: The standing committee on Health and Aging to which was referred H. C. R. No. 29-Representative Sears, et al., having had the same under consideration, reports it back and recommends its adoption. RE: APPROVE RULES - HEALTH DEPARTMENT STANDARDS - PROCEDURES FOR SUBSIDIZING COMPLIANCE Representative Wachtmann moved to amend the title as follows: Add the name: "Celeste."

LYNN R. WACHTMANN BRUCE W. GOODWIN LORRAINE M. FENDE NICKIE ANTONIO JOHN BARNES JOHN PATRICK CARNEY TED CELESTE MIKE DUFFEY NANCY GARLAND ANNE GONZALES ROBERT HACKETT ROBERT F. HAGAN BRIAN HILL TERRY JOHNSON DOROTHY PELANDA DAN RAMOS BARBARA R. SEARS

The report was agreed to. The bill was ordered to be engrossed and placed on the calendar. Representative Phillips reported for the Rules and Reference Committee recommending that the following House Bills and Senate Bills be considered for the second time and referred to the following committees for consideration. 1408 HOUSE JOURNAL, TUESDAY, DECEMBER 6, 2011 H.B. No. 385 - Representative Williams, et al TO EXPAND THE "CRIMINAL MISCHIEF" PROHIBITION THAT RELATES TO THE USE OF A COMPUTER CONTAMINANT, TO INCREASE THE PENALTY FOR THAT OFFENSE WHEN THE OFFENSE INVOLVES A COMPUTER OR A COMPUTER SYSTEM, NETWORK, SOFTWARE, OR PROGRAM, AND TO CREATE THE OFFENSE OF "CRIMINAL USE OF A COMPUTER." To the committee on Criminal Justice H.B. No. 386 - Representative Blessing TO MAKE CHANGES TO THE LAW REGARDING VIDEO LOTTERY TERMINALS, CASINO GAMING, AND HORSE RACING, TO MAKE AN APPROPRIATION, AND TO DECLARE AN EMERGENCY. To the committee on State Government and Elections H.B. No. 387 - Representatives Sears and Ashford, et al TO AUTHORIZE A BOARD OF COUNTY COMMISSIONERS OF ANY COUNTY TO ENTER INTO AGREEMENTS FOR THE SALE AND LEASEBACK OF COUNTY BUILDINGS. To the committee on Local Government H.B. No. 388 - Representative Damschroder, et al TO SUSPEND, DURING THE PERIOD OF EMPLOYMENT, THE RETIREMENT BENEFIT OF A PUBLIC RETIREMENT SYSTEM RETIREE WHO RETURNS TO PUBLIC EMPLOYMENT. To the committee on Health and Aging H.B. No. 389 - Representatives Hall and Okey, et al TO ESTABLISH REQUIREMENTS AND PROCEDURES GOVERNING PROPAGATING AND HUNTING CAPTIVE DEER AND TO REVISE THE LAW GOVERNING WILD ANIMAL HUNTING PRESERVES. To the committee on Agriculture and Natural Resources Am. S.B. No. 40 - Senator Kearney, et al TO DESIGNATE NOVEMBER AS "COMPLEX REGIONAL PAIN SYNDROME AWARENESS MONTH" AND TO REQUIRE THE DEPARTMENT OF HEALTH TO INCLUDE ON ITS WEB SITE INFORMATION REGARDING THE SYNDROME. To the committee on Health and Aging Sub. S.B. No. 139 - Senator Hughes, et al TO ESTABLISH CERTAIN FINANCIAL CAPACITY REQUIREMENTS FOR PROFESSIONAL EMPLOYER ORGANIZATIONS, CLARIFY RIGHTS AND LIABILITIES OF PROFESSIONAL EMPLOYER ORGANIZATIONS AND CLIENT EMPLOYERS, AND MAKE OTHER CHANGES TO THE PROFESSIONAL EMPLOYER ORGANIZATION LAW. To the committee on Commerce and Labor HOUSE JOURNAL, TUESDAY, DECEMBER 6, 2011 1409 Sub. S.B. No. 223 - Senator Bacon, et al TO ALLOW THE ATTORNEY GENERAL TO INVESTIGATE THE OFFENSES OF UNAUTHORIZED USE OF PROPERTY AND TELECOMMUNICATIONS FRAUD, TO MODIFY THE PENALTIES FOR TELECOMMUNICATIONS FRAUD, AND TO CREATE THE OFFENSE OF TELECOMMUNICATIONS FRAUD PERPETRATED AGAINST AN ELDERLY PERSON OR DISABLED ADULT. To the committee on Criminal Justice Sub. S.B. No. 264 - Senator Jones, et al REGARDING QUALITY INCENTIVE PAYMENTS AND QUALITY BONUSES PAID TO NURSING FACILITIES UNDER THE MEDICAID PROGRAM. To the committee on Finance and Appropriations

LOUIS W. BLESSING JOHN ADAMS ANDREW BRENNER ANNE GONZALES CHERYL GROSSMAN DOROTHY PELANDA ARMOND BUDISH TRACY HEARD DEBBIE PHILLIPS MATT SZOLLOSI

Representative Blessing moved that the House and Constitutional Rules requiring bills to be considered by each house on three different days be suspended as to the second consideration of all House Bills and Senate Bills contained in the report of the committee on Rules and Reference. The motion was agreed to without objection. The report was agreed to. Said House Bills and Senate Bills were considered the second time and referred as recommended.

MOTIONS AND RESOLUTIONS Representative Phillips reported for the Rules and Reference Committee recommending that the following House Resolutions be read by title only and approved: H.R. No. 231- Speaker Batchelder, Representative Hall Honoring the Brunswick High School girls cross country team as the Division I State Champion. H.R. No. 232 - Representative Buchy Honoring Sam Prakal as the 2011 Division III State Boys Cross Country Champion. H.R. No. 233 - Speaker Batchelder Honoring Laura Clemens for her outstanding service as clerk of the Ohio House of Representatives. 1410 HOUSE JOURNAL, TUESDAY, DECEMBER 6, 2011 H.R. No. 234 - Representative Fende Honoring the Kirtland High School football team as the 2011 Division V State Champion. /s/ LOUIS BLESSING Louis Blessing, Chair Representative Blessing moved that the Rules and Reference Committee Report on resolutions be agreed to and that the resolutions contained therein be approved. The motion was agreed to.

BILLS FOR THIRD CONSIDERATION Sub. H. B. No. 326-Representatives McClain, Hill. Cosponsors: Representatives Huffman, Grossman, Hagan, C., Martin, Thompson, Stebelton, Derickson, Adams, J., Adams, R., Blair, Ruhl, Sears, Young, Dovilla, Hayes, Maag, Combs, Carney, Winburn, Garland, Pillich, Bubp, Conditt, Weddington, Slaby.

To amend sections 9.03 and 3599.40 of the Revised Code to prohibit a person from using public funds to publish, distribute, or otherwise communicate information that supports or opposes the nomination or election of a candidate for public office, for the investigation, prosecution, or recall of a public official, or for the passage of a levy or bond issue, or to compensate any employee of a political subdivision for time spent on any activity to influence the outcome of an election for any of the purposes described above and to specify that a person who violates the prohibition is guilty of a first degree misdemeanor, was taken up for consideration the third time.

The question being, "Shall the bill pass?"

On motion of Representative Budish, the House recessed. The House met pursuant to recess.

The question recurring, "Shall the bill pass?" Representative Blessing moved to amend as follows: In line 63, after " Code" insert " or in division (F) of this section" In line 67, after " office" delete the balance of the line In line 68, delete " public official," In line 72, after the underlined period insert: " (E)"; after " prohibit" insert " any of"; after " the" insert " following: HOUSE JOURNAL, TUESDAY, DECEMBER 6, 2011 1411

(1) The" In line 79, after " meeting" insert " ; (2) The utilization of any person's own time to speak in support of or in opposition to any candidate, recall, referendum, levy, or bond issue unless prohibited by any other section of the Revised Code" In line 80, delete " (E)" and insert " (F) Division (D)(1) of this section does not prohibit the use of public funds by a public officer or employee to perform the officer's or employee's official duties that are expressly imposed by law with respect to the officer's or employee's office. (G)" In line 91, delete " (F)" and insert " (H)" The question being, "Shall the motion to amend be agreed to?" The yeas and nays were taken and resulted - yeas 92, nays 0, as follows: Those who voted in the affirmative were: Representatives

Adams J. Adams R. Amstutz Anielski Antonio Ashford Baker Barnes Beck Blair Blessing Boose Brenner Bubp Buchy Budish Butler Carey Carney Celeste Clyde Combs Conditt Damschroder DeGeeter Derickson Driehaus Duffey Fedor Fende Foley Gardner Garland Gentile Gerberry Gonzales Goyal Grossman Hackett Hagan, C. Hagan, R. Hall Hayes Heard Henne Hill Hollington Hottinger Huffman Johnson Kozlowski Landis Letson Luckie Lundy Maag Martin McClain McGregor Milkovich Murray Newbold O'Brien Okey Patmon Pelanda Peterson Phillips Ramos Reece Roegner Rosenberger Ruhl Schuring Sears Slesnick Sprague Stautberg Stebelton Stinziano Sykes Szollosi Terhar Thompson Uecker Wachtmann Weddington Williams Winburn Young Yuko Batchelder-92.

The motion was agreed to and the bill so amended. The question being, "Shall the bill as amended pass?" Representative Hagan, R. moved to amend as follows: In line 15, after "3599.40" insert "be amended; section 3.11 (3.18) be amended for the purpose of adopting a new section number as indicated in 1412 HOUSE JOURNAL, TUESDAY, DECEMBER 6, 2011 parentheses; and new section 3.11" In line 16, delete "amended" and insert "enacted" Between lines 16 and 17, insert: " Sec. 3.11. (A) As used in this section, "statewide office" means any of the offices of governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, or attorney general. (B) The holder of any statewide office may be removed from office by the qualified voters of the state. Any member of the general assembly may be removed from office by the qualified voters of the member's district. The procedure to effect such a removal shall be: (1)(a) If the official whose removal is sought is the holder of a statewide office, a petition signed by qualified electors equal in number to at least fifteen per cent of the total votes cast in the state for the office of governor at the most recent election for that office, and demanding the election of a successor to the person sought to be removed, shall be filed. If the official whose removal is sought is the holder of an office other than the office of secretary of state, the petition shall be filed with the secretary of state. If the official whose removal is sought is the secretary of state, the petition shall be filed with the governor, and the governor shall fulfill all duties of the secretary of state with regard to that petition. (b) If the official whose removal is sought is a member of the general assembly, a petition signed by qualified electors equal in number to at least fifteen per cent of the total votes cast in the respective district for the office of governor at the most recent election for that office, and demanding the election of a successor to the person sought to be removed, shall be filed with the board of elections of the most populous county in the district. (2) A petition filed under this section shall contain a general statement in not more than two hundred words of the grounds upon which the removal of the official is sought. The form and sufficiency of the petition shall be determined as provided in the general election laws. (3) If the petition is sufficient, and if the official whose removal is sought does not resign within five days after the sufficiency of the petition has been determined, the question of removal of the official shall appear on the ballot at the next general election or at a special election conducted on the day of the next primary election, if the date of such election is fewer than one hundred fifty days after the petition is filed. If the date of the next succeeding general election or primary election is one hundred fifty or more days after the petition is filed, a special election shall be held to determine the question of the removal of the official, and for the selection of a successor to the official. If the election is for the removal of the holder of a statewide office, the secretary of state or, if applicable, the governor, shall thereupon order and fix the day for the special election. If the election is for the removal of a general HOUSE JOURNAL, TUESDAY, DECEMBER 6, 2011 1413 assembly member, the board of elections of the most populous county in the member's district, after consultation with the board of elections of each county with territory in the district, shall thereupon order and fix the day for the special election. Such election shall be held not less than thirty nor more than forty days from the time of the finding of the sufficiency of such petition. The election authorities shall publish notice and make all arrangements for holding such election, which shall be conducted and the result thereof returned and declared in all respects as are the results of regular elections for the applicable office. (4) The nomination of candidates to succeed the official who is sought to be removed shall be made, without the intervention of a primary election, by filing with the election authorities, at least twenty days prior to the election, a nominating petition that meets the requirements of section 3513.261 of the Revised Code. (5) The ballots at such a recall election shall, with respect to the official whose removal is sought, submit the question: "Shall (name of person) be removed from the office of (name of office) by recall?" Immediately following each such question, there shall be printed on the ballots, the two propositions in the order set forth: "For the recall of (name of person)." "Against the recall of (name of person)." Immediately to the left of the proposition shall be placed a square in which the electors may vote for either of such propositions. Under that question shall be placed the names of candidates to fill the vacancy. The name of the official whose removal is sought shall not appear on the ballot as a candidate to succeed the member's self. (6) In any such election, if a majority of the votes cast on the question of removal are affirmative, the official whose removal is sought is removed from office upon the announcement of the official canvass of that election, and the candidate receiving the plurality of the votes cast for candidates for that office shall be declared elected. The successor of any person so removed shall hold office during the unexpired term of the successor's predecessor. (C) No petition shall be filed under this section seeking the removal of an official until the official has served for at least ninety days of the term during which the official is sought to be recalled. The method of removal provided in this section, is in addition to such other methods as are provided by law. If, at any such recall election, the incumbent whose removal is sought is not recalled, the incumbent shall be repaid the incumbent's actual and legitimate expenses for such election from the state treasury. Sec. 3.11 3.18. No person shall hold at the same time by appointment or election more than one of the following offices: sheriff, county auditor, county treasurer, clerk of the court of common pleas, county recorder, prosecuting 1414 HOUSE JOURNAL, TUESDAY, DECEMBER 6, 2011 attorney, and probate judge." In line 99, after "sections" insert "3.11,"; after "9.03" insert a comma In line 1 of the title, after "3599.40" insert "; to amend, for the purpose of adopting a new section number as indicated in parentheses, section 3.11 (3.18); and to enact new section 3.11" In line 12 of the title, delete "and" and insert a comma In line 14 of the title, after "misdemeanor" insert ", and to establish a process for recalling statewide elected officials and members of the General Assembly" The question being, "Shall the motion to amend be agreed to?" Representative Huffman moved that the motion be laid on the table. The question being, "Shall the motion to amend be laid on the table?" The yeas and nays were taken and resulted - yeas 56, nays 36, as follows: Those who voted in the affirmative were: Representatives

Adams J. Adams R. Amstutz Anielski Baker Beck Blair Blessing Boose Brenner Bubp Buchy Butler Carey Combs Conditt Damschroder Derickson Duffey Gardner Gonzales Grossman Hackett Hagan, C. Hall Hayes Henne Hill Hollington Hottinger Huffman Johnson Kozlowski Landis Maag Martin McClain McGregor Milkovich Newbold Pelanda Peterson Roegner Rosenberger Ruhl Schuring Sears Sprague Stautberg Stebelton Terhar Thompson Uecker Wachtmann Young Batchelder-56.

Those who voted in the negative were: Representatives

Antonio Ashford Barnes Budish Carney Celeste Clyde DeGeeter Driehaus Fedor Fende Foley Garland Gentile Gerberry Goyal Hagan, R. Heard Letson Luckie Lundy Murray O'Brien Okey Patmon Phillips Ramos Reece Slesnick Stinziano Sykes Szollosi Weddington Williams Winburn Yuko-36.

The motion to amend was laid on the table. The question recurring, "Shall the bill as amended pass?" HOUSE JOURNAL, TUESDAY, DECEMBER 6, 2011 1415

The yeas and nays were taken and resulted - yeas 90, nays 2, as follows: Those who voted in the affirmative were: Representatives

Adams J. Adams R. Amstutz Anielski Baker Barnes Beck Blair Blessing Boose Brenner Bubp Buchy Budish Butler Carey Carney Celeste Clyde Combs Conditt Damschroder DeGeeter Derickson Driehaus Duffey Fedor Fende Foley Gardner Garland Gentile Gerberry Gonzales Goyal Grossman Hackett Hagan, C. Hagan, R. Hall Hayes Heard Henne Hill Hollington Hottinger Huffman Johnson Kozlowski Landis Letson Luckie Lundy Maag Martin McClain McGregor Milkovich Murray Newbold O'Brien Okey Patmon Pelanda Peterson Phillips Ramos Reece Roegner Rosenberger Ruhl Schuring Sears Slesnick Sprague Stautberg Stebelton Stinziano Sykes Szollosi Terhar Thompson Uecker Wachtmann Weddington Williams Winburn Young Yuko Batchelder-90.

Representatives Antonio and Ashford voted in the negative-2. The bill passed. Representative McClain moved to amend the title as follows: Add the names: "Anielski, Beck, Damschroder, Hackett, Hall, Lundy, Newbold, O'Brien, Phillips, Terhar, Uecker, Batchelder."

The motion was agreed to and the title so amended. The title as amended was agreed to. Sub. H. B. No. 247-Representative Butler. Cosponsors: Representatives Adams, R., Beck, Grossman, Henne, Huffman, Letson, Murray, Stebelton, Slaby, Bubp.

To amend sections 181.25, 2947.23, 2949.091, and 2953.08 and to enact sections 1901.263, 1905.38, 1907.25, 1925.151, 2101.165, 2151.542, 2303.23, 2501.161, and 2503.18 of the Revised Code to authorize a court to cancel claims for uncollectible amounts due the court, to authorize a sentencing court to waive, suspend, or modify payment of the costs of prosecution, to define "case" in connection with the imposition of costs in a criminal case, and to abolish the Felony Sentence Appeal Cost Oversight Committee, was taken up for consideration the third time. 1416 HOUSE JOURNAL, TUESDAY, DECEMBER 6, 2011

The question being, "Shall the bill pass?" The yeas and nays were taken and resulted - yeas 92, nays 0, as follows: Those who voted in the affirmative were: Representatives

The bill passed. Representative Butler moved to amend the title as follows: Add the names: "Amstutz, Anielski, Antonio, Blair, Blessing, Boose, Carey, Clyde, Combs, Conditt, Damschroder, Duffey, Foley, Garland, Hackett, Hagan, C., Hall, Hayes, Hill, Lundy, Martin, Milkovich, Newbold, O'Brien, Pelanda, Peterson, Phillips, Rosenberger, Ruhl, Schuring, Sears, Sprague, Szollosi, Thompson, Weddington, Winburn, Batchelder."

The motion was agreed to and the title so amended. The title as amended was agreed to. H. C. R. No. 29-Representative Sears. Cosponsors: Representatives Adams, J., Beck, Combs, Gonzales, Letson, Murray, Wachtmann, Celeste.

To approve the Public Health Council's proposed revision of Chapter 3701-36 of the Ohio Administrative Code establishing standards to be met by boards of health and local health departments and procedures for payment of state subsidies for meeting those standards, was taken up for consideration the third time. HOUSE JOURNAL, TUESDAY, DECEMBER 6, 2011 1417

The question being, "Shall the concurrent resolution be adopted?" Representative Sears moved to amend the title as follows: Add the names: "Amstutz, Antonio, Blair, Brenner, Garland, Hackett, Henne, Luckie, Newbold, Szollosi, Young, Batchelder."

The motion was agreed to and the title so amended. The title as amended was agreed to. The question being, "Shall the concurrent resolution be adopted?" The yeas and nays were taken and resulted - yeas 92, nays 0, as follows: Those who voted in the affirmative were: Representatives

The concurrent resolution was adopted.

Message from the Speaker The Speaker of the House of Representatives, on December 2, 2011, signed the following: Am. H. B. No. 302 - Representative Adams, R. - et al. 1418 HOUSE JOURNAL, TUESDAY, DECEMBER 6, 2011

On motion of Representative Blessing, the House adjourned until Wednesday, December 7, 2011 at 1:30 p.m.

Attest: THOMAS L. SHERMAN, Deputy Clerk.