Ohio Senate Journal

JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES

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SENATE

JOURNAL

TUESDAY, OCTOBER 30, 2007 868 SENATE JOURNAL, TUESDAY, OCTOBER 30, 2007

ONE HUNDRED SECOND DAY Senate Chamber, Columbus, Ohio Tuesday, October 30, 2007, 1:30 p.m. The Senate met pursuant to adjournment. Prayer was offered by Senator Ron Amstutz, 22nd Senate District, 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 Schuring reports for the Standing Committee on Reference, recommending that the following bill, standing in order for second consideration, be referred to committee as recommended: S. B. No. 244-Senator Sawyer. Cosponsors: Senators Mason, Kearney, Cates, Coughlin, Goodman, Schuler, Stivers.

To amend sections 2903.214 and 2919.27 of the Revised Code to require that certain persons who engage in menacing by stalking and against whom a civil order of protection is granted be electronically monitored and to authorize courts to require that certain persons convicted of violating a protection order that requires electronic monitoring be electronically monitored.

To the Committee on Judiciary - Criminal Justice.

YES - 5: J. KIRK SCHURING, TOM ROBERTS, TERESA FEDOR, BILL HARRIS, JEFF JACOBSON.

NO - 0.

The question being, "Shall the report of the committee be accepted?" The report of the committee was accepted. Said bill was considered a second time and referred to committee as recommended.

REPORTS OF STANDING AND SELECT COMMITTEES Senator Stivers submitted the following report: The standing committee on Insurance, Commerce and Labor, to which SENATE JOURNAL, TUESDAY, OCTOBER 30, 2007 869 was referred S. B. No. 225-Senator Schaffer, et al., having had the same under consideration, reports back a substitute bill and recommends its passage.

YES - 9: STEVE STIVERS, KEITH L. FABER, JOHN A. BOCCIERI, ERIC H. KEARNEY, DALE MILLER, ROBERT L. SCHULER, GARY W. CATES, TIMOTHY O. SCHAFFER, RON AMSTUTZ.

NO - 0.

The question being, "Shall the report of the committee be accepted?" The report of the committee was accepted. Senator Schuring submitted the following report: The Standing Committee on Rules to which were referred the appointments by the Governor of: Donald B. Ahlers, from Cincinnati, Hamilton County, Ohio, as a Member of the Hearing Aid Dealers and Fitters Licensing Board for a term for a term beginning June 28, 2007, and ending at the close of business January 25, 2011, replacing M. Joan Douglas, whose term expired. Craig Comedy, Democrat, from Columbus, Franklin County, Ohio, as a Member of the Chemical Dependency Professionals Board for a term beginning June 6, 2007, and ending at the close of business December 23, 2009, replacing Victoria W. Crews, whose term expired. Dianne Fidelibus, Republican, from Columbus, Franklin County, Ohio, as a Member of the Chemical Dependency Professionals Board for a term beginning April 4, 2007, and ending at the close of business December 23, 2009, replacing David C. Long, whose term expired. Timothy D. Fries, from Worthington, Franklin County, Ohio, as a Member of the Ohio Optical Dispensers Board for a term beginning June 28, 2007, and ending at the close of business March 21, 2012, replacing Denise M. Capretta, whose term expired. Stephen A. Madru, Democrat, from Chillicothe, Ross County, Ohio, as a Member of the Ohio Real Estate Commission for a term beginning July 1, 2007, and ending at the close of business June 30, 2012, replacing Owen Hall, whose term expired. Tommie L. Robertson, Independent, from Cincinnati, Hamilton County, Ohio, as a Member of the Counselor, Social Worker, and Marriage and Family Therapist Board for a term beginning June 28, 2007, and ending at the close of business October 10, 2009, replacing Linda Barson, whose term expired. Having had the same under consideration, reports back the recommendation that the Senate advise and consent to said appointments. 870 SENATE JOURNAL, TUESDAY, OCTOBER 30, 2007

YES - 10: BILL HARRIS, RANDY GARDNER, ROBERT F. SPADA, STEPHEN C. AUSTRIA, JOHN A. CAREY, J. KIRK SCHURING, LANCE T. MASON, RAY MILLER, TOM ROBERTS, TERESA FEDOR.

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

Amstutz Austria Boccieri Buehrer Cafaro Carey Cates Faber Fedor Gardner Goodman Grendell Jacobson Kearney Mason Miller D Miller R Morano Mumper Niehaus Padgett Roberts Sawyer Schaffer Schuler Schuring Seitz Smith Spada Stivers Wilson Harris-32.

So the Senate advised and consented to said appointments.

BILLS FOR THIRD CONSIDERATION H. B. No. 194-Representative Zehringer. Cosponsors: Representatives Seitz, Evans, Adams, Huffman, McGregor, J., Reinhard, Goodwin, Daniels, Flowers, Carmichael, Webster, Hite, Domenick, Batchelder, Book, Chandler, Coley, DeWine, Dolan, Hughes, Latta, Mandel, Otterman, Patton, Wagoner. Senators Cates, Seitz, Carey, Niehaus.

To amend section 121.22 of the Revised Code to allow joint township hospitals to hold an executive session for purposes of discussing trade secrets, was considered the third time.

The question being, "Shall the bill, H. B. No. 194, pass?" The yeas and nays were taken and resulted - yeas 32, nays 0, as follows: Those who voted in the affirmative were: Senators

Schuler Schuring Seitz Smith Spada Stivers Wilson Harris-32.

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, Harris, Morano, Padgett, Schaffer, Schuler, Wilson." The question being, "Shall the motion be agreed to?" The motion was agreed to and the title so amended.

Sub. S. B. No. 209-Senator Carey. Cosponsors: Senators Cates, Kearney, Gardner, Faber, Miller, D., Roberts.

To amend sections 4511.19, 4519.02, and 4519.09 and to enact section 120.08 of the Revised Code to direct that a specified amount of OVI fines be credited to the State Public Defender for county indigent criminal defense reimbursement, to establish registration reciprocity for all-purpose and other special vehicles, and to make an appropriation, was considered the third time.

The question being, "Shall the bill, Sub. S. B. No. 209, pass?" The yeas and nays were taken and resulted - yeas 32, nays 0, as follows: Those who voted in the affirmative were: Senators

So the bill passed. The question being, "Shall the title be agreed to?" Senator Carey moved to amend the title as follows: Add the names: "Goodman, Harris, Padgett, Stivers." The question being, "Shall the motion be agreed to?" The motion was agreed to and the title so amended. 872 SENATE JOURNAL, TUESDAY, OCTOBER 30, 2007

S. B. No. 214-Senator Niehaus. Cosponsors: Senators Jacobson, Spada, Miller, D., Morano, Kearney, Mumper.

To amend sections 6111.09 and 6111.10 and to enact section 6111.11 of the Revised Code to prohibit the sale of dishwasher detergent that contains above a specified amount of phosphorus, was considered the third time.

The question being, "Shall the bill, S. B. No. 214, pass?" The yeas and nays were taken and resulted - yeas 32, nays 0, as follows: Those who voted in the affirmative were: Senators

So the bill passed. The question being, "Shall the title be agreed to?" Senator Niehaus moved to amend the title as follows: Add the names: "Fedor, Harris, Padgett, Seitz, Schaffer, Stivers, Wilson, Roberts, Mason, Gardner, Schuler, Miller, R., Smith." The question being, "Shall the motion be agreed to?" The motion was agreed to and the title so amended.

Sub. S. B. No. 225-Senator Schaffer. Cosponsors: Senators Faber, Schuler.

To amend sections 125.22, 4703.01 to 4703.15, 4703.151, 4703.16, 4703.18, 4703.181, 4703.19, 4703.331, 4703.34, 4703.37, 4703.50, 4703.51, and 4703.52 of the Revised Code to make changes to the Architects Law, was considered the third time.

The yeas and nays were taken and resulted - yeas 32, nays 0, as follows: Those who voted in the affirmative were: Senators

Amstutz Austria Boccieri Buehrer Cafaro Carey Cates Faber SENATE JOURNAL, TUESDAY, OCTOBER 30, 2007 873

Fedor Gardner Goodman Grendell Jacobson Kearney Mason Miller D Miller R Morano Mumper Niehaus Padgett Roberts Sawyer Schaffer Schuler Schuring Seitz Smith Spada Stivers Wilson Harris-32.

So the bill passed. The question being, "Shall the title be agreed to?" Senator Schaffer moved to amend the title as follows: Add the names: "Austria, Gardner, Harris, Niehaus, Seitz, Spada, Wilson." The question being, "Shall the motion be agreed to?" The motion was agreed to and the title so amended. The question being, "Shall the bill, Sub. S. B. No. 225, pass?"

COMMUNICATIONS FROM THE GOVERNOR The President handed down the following messages from the Governor which were read by the Clerk:

STATE OF OHIO EXECUTIVE DEPARTMENT OFFICE OF THE GOVERNOR COLUMBUS I, Ted Strickland, Governor of the State of Ohio, do hereby appoint, Raymond J. Albert, Republican, from Amanda, Fairfield County, Ohio, as a Member of the State Medical Board for a new term beginning August 8, 2007 and ending at the close of business July 31, 2012. IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the Great Seal of the State of Ohio to be affixed, at Columbus, this 8th day of August in the year of our Lord, two thousand and seven.