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Ohio Senate Journal JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES OHIO SENATE JOURNAL TUESDAY, SEPTEMBER 27, 2011 SENATE JOURNAL, TUESDAY, SEPTEMBER 27, 2011 1621 NINETY-SEVENTH DAY Senate Chamber, Columbus, Ohio Tuesday, September 27, 2011, 1:30 p.m. The Senate met pursuant to adjournment. Prayer was offered by Father Michael Lumpe, St. Catharine's Church, Bexley, Ohio, followed by the Pledge of Allegiance to the Flag. The journal of the last legislative day was read and approved. REPORTS OF REFERENCE AND BILLS FOR SECOND CONSIDERATION Senator Niehaus 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: Am. H. B. No. 212-Representative Grossman, et al. To amend section 5103.16 of the Revised Code to extend to legal custodians the exemption from certain adoptive placement requirements. To the Committee on Judiciary. Am. H. B. No. 285-Representatives Yuko, Roegner, et al. To enact sections 5.2267 and 5.2268 of the Revised Code to designate September as "Mesothelioma Month" and November as "Lung Cancer Awareness Month." To the Committee on Health, Human Services and Aging. S. B. No. 228-Senator Burke, et al. To amend sections 4723.43, 4723.44, 4729.01, and 4761.17 of the Revised Code to authorize certified registered nurse anesthetists to issue medication orders for the administration of drugs to patients during certain phases of patient care and to specify the circumstances in which such nurses may perform clinical support functions. To the Committee on Health, Human Services and Aging. 1622 SENATE JOURNAL, TUESDAY, SEPTEMBER 27, 2011 S. B. No. 229-Senator Sawyer, et al. To require the Department of Education to conduct a performance review of each chartered nonpublic school participating in the Educational Choice Scholarship Program. To the Committee on Education. S. B. No. 230-Senator Sawyer, et al. To enact section 3312.14 of the Revised Code to create the Office of Regional Services and Accountability in the Department of Education. To the Committee on Education. YES - 6: THOMAS E. NIEHAUS, KEITH L. FABER, TOM PATTON, SHANNON JONES, SHIRLEY A. SMITH, SCOTT OELSLAGER. 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 Niehaus submitted the following report: The Standing Committee on Rules & Reference to which were referred the appointments by the Governor of: Crystal L. Faulkner, from Cincinnati, Hamilton County, Ohio, as a Member of the Ohio Business Gateway Steering Committee for a term beginning May 26, 2011 and continuing at the pleasure of the Governor. Albert F. Macre, from Steubenville, Jefferson County, Ohio, as a Member of the Ohio Business Gateway Steering Committee for a term beginning June 15, 2011 and continuing at the pleasure of the Governor, replacing Lora J. Gischel. Having had the same under consideration, reports back the recommendation that the Senate advise and consent to said appointments. SENATE JOURNAL, TUESDAY, SEPTEMBER 27, 2011 1623 YES - 7: THOMAS E. NIEHAUS, KEITH L. FABER, TOM PATTON, SHANNON JONES, EDNA BROWN, SHIRLEY A. SMITH, SCOTT OELSLAGER. 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 31, nays 0, as follows: Those who voted in the affirmative were: Senators Bacon Balderson Beagle Brown Burke Cafaro Coley Daniels Faber Hite Hughes Jones Jordan Kearney LaRose Lehner Manning Obhof Oelslager Patton Sawyer Schaffer Schiavoni Seitz Smith Tavares Turner Wagoner Widener Wilson Niehaus-31. So the Senate advised and consented to said appointments. BILLS FOR THIRD CONSIDERATION Am. H. B. No. 63-Representatives Young, Slaby. Cosponsors: Representatives Adams, J., Thompson, Huffman, Hayes, Roegner, Henne, Brenner, Maag, Boose, Blessing, Wachtmann, Ruhl, Gardner, Grossman, Hackett, Martin, Kozlowski, Dovilla, Stebelton, Newbold, Derickson, Stautberg, Hottinger, Hall, Goodwin, Blair, Combs, McKenney, Bubp, Uecker, Burke, Balderson, Amstutz, Buchy, Beck, Adams, R., McClain, Rosenberger, Johnson, Mecklenborg, Schuring, Sears, Butler, Carey, Coley, Gonzales, Young, Speaker Batchelder. To amend section 2919.121 of the Revised Code to revise the procedures governing a hearing by which a court may permit a pregnant minor to consent to an abortion or by which a court may give judicial consent for a pregnant minor to have an abortion and to require a court to make its findings with respect to such a hearing by clear and convincing evidence, was considered the third time. The question being, "Shall the bill, Am. H. B. No. 63, pass?" The yeas and nays were taken and resulted - yeas 23, nays 8, as follows: Those who voted in the affirmative were: Senators 1624 SENATE JOURNAL, TUESDAY, SEPTEMBER 27, 2011 Bacon Balderson Beagle Burke Coley Daniels Faber Hite Hughes Jones Jordan LaRose Lehner Manning Obhof Oelslager Patton Schaffer Seitz Wagoner Widener Wilson Niehaus-23. Senators Brown, Cafaro, Kearney, Sawyer, Schiavoni, Smith, Tavares, and Turner voted in the negative-8. So the bill passed. The question being, "Shall the title be agreed to?" Senator Faber moved to amend the title as follows: Add the names: "Faber, Bacon, Balderson, Coley, Daniels, Hite, Jones, Jordan, Manning, Obhof, Oelslager, Patton, Schaffer, Seitz, Wagoner, Widener, Wilson." The question being, "Shall the motion be agreed to?" The motion was agreed to and the title so amended. Sub. S. B. No. 114-Senator Seitz. Cosponsors: Senators Kearney, Patton, Wilson. To amend sections 4501.01, 4501.13, 4503.04, 4503.21, 4503.22, 4503.544, 4507.01, 4507.05, 4507.06, 4507.11, 4511.01, 4511.53, 4513.241, 4517.33, 4519.01, 4519.02, 4775.01, 4775.02, 4775.03, 4775.04, 4775.05, 4775.06, 4775.07, 4775.08, 4775.09, 4775.10, 4775.11, 4775.99, and 5703.21 and to enact sections 4511.214 and 4511.215 of the Revised Code to establish conditions for the operation of certain specialized motor vehicles, including low-speed and under-speed vehicles, scooters, cab-enclosed motorcycles, and mini-trucks; to establish conditions for operation of a motorcycle with a temporary instruction permit; to establish a motor scooter temporary instruction permit and license or endorsement; to prohibit a motor vehicle manufacturer, remanufacturer, or distributor from providing to a licensed motor vehicle dealer a motor vehicle that violates window tinting standards; to increase the penalty for installing nonconforming glass or other material; to establish civil liability for installing nonconforming glass or other material, including costs and attorney fees; to rename the Board of Motor Vehicle Collision Repair Registration as the Motor Vehicle Repair Board and to expand the jurisdiction of the Board to require persons who install motor vehicle window tint to register with the Board; to give the Franklin County Court of Common Pleas exclusive jurisdiction over motor vehicle repair registration violations; and to impose a registration or license suspension up to 180 days on a registered motor vehicle repair facility or licensed motor vehicle dealer upon a second or subsequent violation for installing nonconforming glass or other material, was considered the third time. SENATE JOURNAL, TUESDAY, SEPTEMBER 27, 2011 1625 The question being, "Shall the bill, Sub. S. B. No. 114, pass?" 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 Cafaro Coley Daniels Faber Hite Hughes Jones Jordan Kearney LaRose Lehner Manning Obhof Oelslager Patton Sawyer Schaffer Schiavoni Seitz Smith Tavares Turner Wagoner Widener Wilson Niehaus-31. So the bill passed. The question being, "Shall the title be agreed to?" Senator Seitz moved to amend the title as follows: Add the names: "Bacon, Beagle, Burke, Daniels, Hite, Hughes, LaRose, Sawyer, Schiavoni, Smith, Tavares, Turner." The question being, "Shall the motion be agreed to?" The motion was agreed to and the title so amended. MOTIONS Senator Jones moved that Senators absent the week of Sunday, September 25, 2011, 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. INTRODUCTION AND FIRST CONSIDERATION OF BILLS The following bills were introduced and considered the first time: S. B. No. 231-Senators Skindell, Tavares. Cosponsors: Senators Cafaro, Smith, Turner. To amend sections 9.03, 124.93, 125.111, 340.12, 511.03, 717.01, 1501.012, 1751.18, 2927.03, 3113.36, 3301.53, 3304.14, 3304.50, 3313.481, 3314.06, 3332.09, 3721.13, 3905.55, 4111.17, 4112.01, 4112.02, 4112.021, 4112.04, 4112.05, 4112.08, 4117.19, 4735.16, 4735.55, 4757.07, 4758.16, 4765.18, 5104.09, 5107.26, 5111.31, 5119.623, 5123.351, 5126.07, 5515.08, and 5709.832 of the Revised Code to prohibit discrimination on the basis of sexual orientation or gender identity. 1626 SENATE JOURNAL, TUESDAY, SEPTEMBER 27, 2011 S. B. No. 232-Senator Skindell. Cosponsors: Senators Sawyer, Cafaro, Smith, Turner. To amend sections 3313.60, 3313.6011, 3314.03, and 3326.11 of the Revised Code to establish statutory standards for comprehensive sexual health education and HIV/AIDS prevention education in public schools and to designate section 3313.6011 of the Revised Code as the "Act for Our Children's Future." S. B. No. 233-Senator Oelslager. Cosponsors: Senators Schiavoni, Tavares. To amend sections 1739.05, 1751.12, 1751.13, 3963.01, and 3963.04 and to enact sections 3923.84 and 3963.031 of the Revised Code to limit copayments health insurers impose for physical therapy services and to make changes to the law governing health insurers and intermediary organizations.
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