OHIO House of Representatives JOURNAL

JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES

WEDNESDAY, FEBRUARY 27, 2013 HOUSE JOURNAL, WEDNESDAY, FEBRUARY 27, 2013 131

FIFTEENTH DAY Hall of the House of Representatives, Columbus, Ohio Wednesday, February 27, 2013, 8:00 o'clock a.m. The House met pursuant to adjournment. Pursuant to House Rule No. 23, the Clerk called the House to order. Representative Pelanda was selected to preside under the Rule. The journal of yesterday was read and approved.

INTRODUCTION OF BILLS The following bill was introduced: H. B. No. 86-Representative Heard. Cosponsors: Representatives Rogers, Ashford, Strahorn, Fedor.

To enact section 3109.054 of the Revised Code to require a court that becomes aware that there is a risk of abduction of a child by one parent during a custody or domestic relations proceeding to consider certain specified factors to determine whether preventative measures are necessary and to permit a court to take certain actions if the court determines preventative measures are necessary to prevent the abduction of the child.

Said bill was considered the first time.

REPORTS OF STANDING AND SELECT COMMITTEES AND BILLS FOR SECOND CONSIDERATION Representative Pillich submitted the following report: The standing committee on Military and Veterans Affairs to which was referred H. C. R. No. 5-Representatives Bishoff, Rosenberger, et al., having had the same under consideration, reports it back and recommends its adoption. RE: RICKENBACKER AIR GUARD STATION-LOCATE KC-46A MAIN OPERATING BASE THERE Representative Johnson moved to amend the title as follows: Add the names: "Johnson, Landis, Anielski, Barborak, Dovilla, Milkovich, Retherford."

TERRY JOHNSON AL LANDIS CONNIE PILLICH MARLENE ANIELSKI NICK BARBORAK HEATHER BISHOFF MIKE DOVILLA TERESA FEDOR ZACK MILKOVICH RICK PERALES 132 HOUSE JOURNAL, WEDNESDAY, FEBRUARY 27, 2013

WES RETHERFORD CLIFF ROSENBERGER RON YOUNG

The report was agreed to. The concurrent resolution was ordered to be engrossed and placed on the calendar.

Representative Phillips submitted the following report: The standing committee on Rules and Reference to which was referred H. B. No. 33-Representative Hackett, having had the same under consideration, reports it back and recommends its re-referral to the committee on Finance and Appropriations. RE: INDUSTRIAL COMMISSION BUDGET

ARMOND BUDISH ANDREW BRENNER DOROTHY PELANDA STEPHANIE KUNZE JIM BUCHY JOHN ADAMS DEBBIE PHILLIPS MATT HUFFMAN

The report was agreed to. The bill was ordered to be engrossed and rereferred to the committee on Finance and Appropriations.

Representative Phillips submitted the following report: The standing committee on Rules and Reference to which was referred Sub. H. B. No. 34-Representative Hackett, having had the same under consideration, reports it back and recommends its re-referral to the committee on Finance and Appropriations. RE: WORKERS' COMPENSATION BUDGET/OTHER CHANGES TO WORKERS' COMPENSATION LAW

ARMOND BUDISH DEBBIE PHILLIPS JIM BUCHY STEPHANIE KUNZE DOROTHY PELANDA ANDREW BRENNER JOHN ADAMS MATT HUFFMAN

The report was agreed to. The bill was ordered to be engrossed and rereferred to the committee on Finance and Appropriations. HOUSE JOURNAL, WEDNESDAY, FEBRUARY 27, 2013 133

Representative Phillips reported for the Rules and Reference committee, recommending that the following House Bills be considered for the second time and referred to the following committees for consideration:

H.B. No. 76 – Representative Pillich TO CHANGE THE APPOINTING PROCESS FOR THE INSPECTOR GENERAL, TO CLARIFY THE OFFICES OVER WHICH THE INSPECTOR GENERAL HAS AUTHORITY, AND TO PROHIBIT PARTISAN POLITICAL ACTIVITY BY THE INSPECTOR GENERAL AND EMPLOYEES IN THE OFFICE OF THE INSPECTOR GENERAL. To the committee on Policy and Legislative Oversight H.B. No. 77 – Representatives Dovilla and Celebrezze TO DESIGNATE OCTOBER AS “MANUFACTURING MONTH.” To the committee on Manufacturing and Workforce Development H.B. No. 78 – Representative Stinziano TO REQUIRE THE SECRETARY OF STATE TO CREATE AN ONLINE VOTER REGISTRATION SYSTEM AND TO PERMIT DATA SHARING IN ORDER TO MAINTAIN THE STATEWIDE VOTER REGISTRATION DATABASE. To the committee on Policy and Legislative Oversight H.B. No. 79 – Representative Boose TO PROVIDE THAT AN INDIVIDUAL’S STATUTORY PRIORITY TO DECIDE WHETHER OR NOT TO WITHHOLD OR WITHDRAW LIFE-SUSTAINING TREATMENT FOR THE INDIVIDUAL’S RELATIVE IS FORFEITED IF THE INDIVIDUAL IS CHARGED WITH FELONIOUS ASSAULT OR AGGRAVATED ASSAULT RESULTING IN THE RELATIVE BEING IN A TERMINAL CONDITION FROM THE PHYSICAL HARM SUFFERED. To the committee on Judiciary H.B. No. 80 – Representatives Driehaus and Foley TO REQUIRE REGISTRATION OF RESIDENTIAL MORTGAGE SERVICERS, TO REGULATE RESIDENTIAL MORTGAGE SERVICERS, AND TO ADOPT CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THE BILL’S PROVISIONS. To the committee on Financial Institutions, Housing and Urban Development H.B. No. 81 – Representatives Driehaus and Foley TO PROVIDE FOR THE PERIODIC APPRAISAL OF THE EFFECTIVENESS OF TAX EXPENDITURES. To the committee on Policy and Legislative Oversight 134 HOUSE JOURNAL, WEDNESDAY, FEBRUARY 27, 2013

H.B. No. 82 – Representatives Hayes and Blair TO EXEMPT RELIGIOUS CORPORATIONS, ASSOCIATIONS, EDUCATIONAL INSTITUTIONS, OR SOCIETIES FROM THE DEFINITION OF “EMPLOYER” FOR THE PURPOSE OF OHIO’S CIVIL RIGHTS LAW. To the committee on Judiciary

H.B. No. 83 – Representative Hackett TO REVISE THE LAWS GOVERNING THE PRACTICE OF PSYCHOLOGY. To the committee on Health and Aging

H.B. No. 84 – Representatives Stinziano and Grossman TO AUTHORIZE A NONREFUNDABLE INCOME TAX CREDIT FOR THE PURCHASE OR CONSTRUCTION OF AN ACCESSIBLE HOME OR FOR THE RENOVATION OF A HOME TO IMPROVE ITS ACCESSIBILITY. To the committee on Ways and Means

H.B. No. 85 – Representatives Terhar and Gonzales TO ENHANCE THE HOMESTEAD EXEMPTION FOR MILITARY VETERANS WHO ARE 100% DISABLED FROM A SERVICE-CONNECTED DISABILITY. To the committee on Finance and Appropriations

MATT HUFFMAN JOHN ADAMS ANDREW BRENNER JIM BUCHY DOROTHY PELANDA STEPHANIE KUNZE ARMOND BUDISH DEBBIE PHILLIPS

Representative Buchy 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 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 were considered the second time and referred as recommended. HOUSE JOURNAL, WEDNESDAY, FEBRUARY 27, 2013 135

MOTIONS AND RESOLUTIONS Representative Phillips reported for the Rules and Reference committee recommending that the following House Concurrent Resolution be introduced and referred to the following committee for consideration:

H.C.R No. 6 – Representatives Brenner and Huffman TO URGE THE CONGRESS OF THE UNITED STATES AND THE PRESIDENT OF THE UNITED STATES TO REPEAL THE NEW FEDERAL EXCISE TAX ON MEDICAL DEVICES. To the committee on Health and Aging /s/MATT HUFFMAN Matt Huffman, Chair Representative Buchy moved that the Rules and Reference committee report on resolutions be agreed to and that the House Concurrent Resolution contained therein be introduced and referred as recommended. The motion was agreed to. Said House Concurrent Resolution was introduced and referred as recommended. Representative Phillips reported for the Rules and Reference committee recommending that the following resolutions be read by title only and approved:

H.R. No. 28 – Speaker Batchelder Honoring the Medina County Economic Development Corporation on its Twenty-fifth Anniversary. H.R. No. 29 – Representatives Retherford, Conditt, Derickson Honoring the Ross High School/Butler Tech engineering design team on receiving a gold medal at the National SkillsUSA Competition. H.R. No. 30 – Representative Blessing Honoring Stehlin’s Meat Market on its One Hundredth Anniversary. H.R. No. 31 – Representative Wachtmann Honoring Aaron Gilbert on winning the 2012 Ohio Best Bagger Contest. H.R. No. 32 – Representative Gonzales Honoring the New Albany Soccer League U15 girls team on winning the 2012 3v3 Live National Championship. H.R. No. 33 – Speaker Batchelder Authorizing Ohio Youth Leadership Association Youth in Government to use the Ohio House Chambers to conduct its 2013 model legislature. /s/MATT HUFFMAN Matt Huffman, Chair 136 HOUSE JOURNAL, WEDNESDAY, FEBRUARY 27, 2013

Representative Buchy moved that Rules and Reference committee report on resolutions be agreed to and that the resolutions contained therein be approved. The motion was agreed to. Representative Buchy moved that the House revert to the second order of business, being introduction of bills. The motion was agreed to. On motion of Representative Buchy, the House recessed. The House met pursuant to recess. Prayer was offered by Pastor Barry Burns of the Community United Methodist Church in Circleville, Ohio, followed by the Pledge of Allegiance to the Flag. The following guests of the House of Representatives were recognized by Speaker Batchelder prior to the commencement of business:

Aaron Gilbert received H.R. 31, presented by Representative Wachtmann-81st district. Sam Wharton received H.R. 14, presented by Representative R. Adams-80th district. Endrit Kosta, a guest of Representative Dovilla-7th district. Leena Bozzelli and Charles and Vallery Hoy, guests of Representative Duffey-21st district. Tom Turner, a guest of Representatives Schuring-48th district and Slesnick-49th district. Wes, Tracie, Owen, and Maddie Brigner, guests of Representative Burkley-82nd district. Members of the Union County Historical Society, guests of Representative Pelanda-86th district. Noah Dell, Karan Krider, and Robin Spies, guests of Representative Rosenberger-91st district. Jamie Barker, Forbes Hamman, Amy Grim, Paul Minney, and students from Southeastern High School, Debbie Scherer, the wife of Representative Scherer, and Julie Burns, guests of Representative Scherer-92nd district. Nancy and Marvin Sams, guests of Representative Thompson-95th district. HOUSE JOURNAL, WEDNESDAY, FEBRUARY 27, 2013 137

INTRODUCTION OF BILLS The following bills were introduced: H. B. No. 87-Representatives Letson, Retherford. Cosponsors: Representatives Derickson, Gonzales, Grossman, Rogers, Ruhl.

To amend sections 2950.01, 2950.11, 2950.12, and 2950.13 of the Revised Code to provide notice to a long-term care facility when a Tier III or similar category sex offender/child-victim offender indicates an intent to reside in the facility or registers an address within the specified geographical notification area including the facility and to amend the versions of sections 2950.11 and 2950.13 of the Revised Code that are scheduled to take effect on January 1, 2014, to continue the provisions of this act on and after that effective date.

H. B. No. 88-Representative Patterson. Cosponsors: Representatives Brenner, Foley, Cera, Rogers, Antonio, Fedor, Pillich, Szollosi, Budish, Stebelton, Boyce, Strahorn, O'Brien, Milkovich, Lynch, Hill, Hagan, R., Barborak, Phillips.

To enact sections 5533.336, 5533.337, and 5533.338 of the Revised Code to designate three memorial highways within Geauga County as "The Danny Parmertor Memorial Highway," "The Demetrius C. Hewlin Memorial Highway," and the "Russell King, Jr., Memorial Highway."

Said bills were considered the first time.

REPORTS OF STANDING AND SELECT COMMITTEES AND BILLS FOR SECOND CONSIDERATION Representative Antonio submitted the following report: The standing committee on Health and Aging to which was referred H. B. No. 27-Representatives Derickson, Letson, et al., having had the same under consideration, reports it back and recommends its passage. RE: RARE DISEASE DAY-LAST DAY OF FEBRUARY Representative Wachtmann moved to amend the title as follows: Add the name: "Ramos."

LYNN R. WACHTMANN ANNE GONZALES NICKIE ANTONIO JOHN BARNES HEATHER BISHOFF TIM W. BROWN JOHN PATRICK CARNEY ROBERT F. HAGAN BRIAN HILL RON HOOD JAY HOTTINGER MATT LYNCH RON MAAG DALE MALLORY 138 HOUSE JOURNAL, WEDNESDAY, FEBRUARY 27, 2013

DAN RAMOS KIRK SCHURING BARBARA R. SEARS RYAN SMITH

The report was agreed to. The bill was ordered to be engrossed and placed on the calendar. Representative Antonio submitted the following report: The standing committee on Health and Aging to which was referred H. B. No. 67-Representatives Schuring, Ramos, et al., having had the same under consideration, reports it back and recommends its passage. RE: DELAY DETERMINATIONS OF ELIGIBILITY FOR PERS

The report was agreed to. The bill was ordered to be engrossed and placed on the calendar.

BILLS FOR THIRD CONSIDERATION H. B. No. 27-Representatives Derickson, Letson. Cosponsors: Representatives Adams, J., Grossman, Brown, Retherford, Ruhl, Strahorn, Antonio, Young, Mallory, Johnson, Ramos.

To enact section 5.2280 of the Revised Code to designate the last day of February as "Rare Disease Day", was taken up for consideration the third time.

The question being, "Shall the bill pass?" The yeas and nays were taken and resulted - yeas 96, nays 0, as follows: Those who voted in the affirmative were: Representatives

Clyde Conditt Curtin Damschroder DeVitis Derickson Dovilla Driehaus Duffey Fedor Foley Gerberry Gonzales Green Grossman Hackett Hagan, C. Hagan, R. Hall Hayes Heard Henne Hill Hood Hottinger Huffman Johnson Kunze Landis Letson Lundy Lynch Maag Mallory McClain McGregor Milkovich O'Brien Patmon Patterson Pelanda Perales Phillips Pillich Ramos Redfern Reece Retherford Roegner Rogers Romanchuk Rosenberger Ruhl Scherer Schuring Sears Slaby Slesnick Smith Sprague Stautberg Stebelton Stinziano Strahorn Sykes Terhar Thompson Wachtmann Williams Winburn Young Batchelder-96.

The bill passed. Representative Derickson moved to amend the title as follows: Add the names: "Adams, R., Anielski, Ashford, Baker, Barborak, Barnes, Beck, Becker, Bishoff, Blair, Blessing, Brenner, Buchy, Budish, Burkley, Carney, Celebrezze, Cera, Curtin, DeVitis, Dovilla, Driehaus, Fedor, Foley, Gerberry, Green, Hackett, Hagan, C., Hagan, R., Hall, Hayes, Heard, Hill, Hottinger, Huffman, Landis, Lundy, McClain, Milkovich, O'Brien, Patmon, Patterson, Pelanda, Perales, Phillips, Reece, Rogers, Romanchuk, Rosenberger, Sears, Slaby, Slesnick, Smith, Sprague, Stautberg, Stebelton, Stinziano, Terhar, Thompson, Williams, Winburn, Batchelder."

The motion was agreed to and the title so amended. The title as amended was agreed to.

H. B. No. 67-Representatives Schuring, Ramos. Cosponsor: Representative Amstutz.

To amend section 145.037 of the Revised Code to delay determinations by the Public Employees Retirement System of eligibility for retirement system membership and to declare an emergency, was taken up for consideration the third time. 140 HOUSE JOURNAL, WEDNESDAY, FEBRUARY 27, 2013

The question being, "Shall the emergency clause stand as part of the bill?" The yeas and nays were taken and resulted - yeas 96, nays 0, as follows: Those who voted in the affirmative were: Representatives

Adams J. Adams R. Amstutz Anielski Antonio Ashford Baker Barborak Barnes Beck Becker Bishoff Blair Blessing Boose Brenner Brown Buchy Budish Burkley Butler Carney Celebrezze Cera Clyde Conditt Curtin Damschroder DeVitis Derickson Dovilla Driehaus Duffey Fedor Foley Gerberry Gonzales Green Grossman Hackett Hagan, C. Hagan, R. Hall Hayes Heard Henne Hill Hood Hottinger Huffman Johnson Kunze Landis Letson Lundy Lynch Maag Mallory McClain McGregor Milkovich O'Brien Patmon Patterson Pelanda Perales Phillips Pillich Ramos Redfern Reece Retherford Roegner Rogers Romanchuk Rosenberger Ruhl Scherer Schuring Sears Slaby Slesnick Smith Sprague Stautberg Stebelton Stinziano Strahorn Sykes Terhar Thompson Wachtmann Williams Winburn Young Batchelder-96.

Having received a constitutional majority, the emergency clause stood as part of the bill. The question being, "Shall the bill pass as an emergency measure?" The yeas and nays were taken and resulted - yeas 96, nays 0, as follows: Those who voted in the affirmative were: Representatives

Milkovich O'Brien Patmon Patterson Pelanda Perales Phillips Pillich Ramos Redfern Reece Retherford Roegner Rogers Romanchuk Rosenberger Ruhl Scherer Schuring Sears Slaby Slesnick Smith Sprague Stautberg Stebelton Stinziano Strahorn Sykes Terhar Thompson Wachtmann Williams Winburn Young Batchelder-96.

Having received the required constitutional majority, the bill passed as an emergency measure. Representative Schuring moved to amend the title as follows: Add the names: "Adams, R., Anielski, Antonio, Ashford, Barborak, Beck, Becker, Blair, Blessing, Brenner, Brown, Budish, Burkley, Carney, Celebrezze, Derickson, Duffey, Foley, Gerberry, Green, Grossman, Hackett, Hagan, C., Hagan, R., Hall, Hayes, Heard, Hill, Johnson, Landis, Letson, Maag, Mallory, McClain, McGregor, Milkovich, O'Brien, Patterson, Pelanda, Phillips, Pillich, Ramos, Retherford, Rogers, Rosenberger, Ruhl, Sears, Smith, Sprague, Stebelton, Stinziano, Terhar, Thompson, Wachtmann, Young, Batchelder."

The motion was agreed to and the title so amended. The title as amended was agreed to. On motion of Representative Huffman, the House recessed. The House met pursuant to recess. Representative Green moved that the House revert to the fifth order of business, being reports of standing and select committees and bills for second consideration. The motion was agreed to.

REPORTS OF STANDING AND SELECT COMMITTEES AND BILLS FOR SECOND CONSIDERATION Representative Ramos submitted the following report: The standing committee on Finance and Appropriations to which was referred H. B. No. 33-Representative Hackett, having had the same under consideration, reports it back and recommends its passage. RE: INDUSTRIAL COMMISSION BUDGET Representative Amstutz moved to amend the title as follows: Add the name: "Amstutz." 142 HOUSE JOURNAL, WEDNESDAY, FEBRUARY 27, 2013

RON AMSTUTZ JEFF MCCLAIN VERNON SYKES RICHARD ADAMS MARLENE ANIELSKI NICKIE ANTONIO MIKE ASHFORD PETER BECK JOHN PATRICK CARNEY KATHLEEN CLYDE TIMOTHY DERICKSON MIKE DOVILLA DENISE DRIEHAUS MIKE DUFFEY MIKE FOLEY DAVE HALL BILL HAYES MATT LUNDY RON MAAG ROSS MCGREGOR DEBBIE PHILLIPS ALICIA REECE DAN RAMOS CLIFF ROSENBERGER RYAN SMITH ROBERT COLE SPRAGUE PETER STAUTBERG GERALD L. STEBELTON

The report was agreed to. The bill was ordered to be engrossed and placed on the calendar. Representative Ramos submitted the following report: The standing committee on Finance and Appropriations to which was referred Sub. H. B. No. 34-Representative Hackett, having had the same under consideration, reports it back and recommends its passage. RE: WORKERS' COMPENSATION BUDGET/OTHER CHANGES TO WORKERS' COMPENSATION LAW Representative Amstutz moved to amend the title as follows: Add the name: "Amstutz."

RON AMSTUTZ JEFF MCCLAIN VERNON SYKES RICHARD ADAMS MARLENE ANIELSKI NICKIE ANTONIO MIKE ASHFORD PETER BECK JOHN PATRICK CARNEY KATHLEEN CLYDE TIMOTHY DERICKSON MIKE DOVILLA DENISE DRIEHAUS MIKE DUFFEY MIKE FOLEY DAVE HALL BILL HAYES MATT LUNDY RON MAAG ROSS MCGREGOR DEBBIE PHILLIPS DAN RAMOS ALICIA REECE CLIFF ROSENBERGER RYAN SMITH ROBERT COLE SPRAGUE PETER STAUTBERG GERALD L. STEBELTON

The report was agreed to. The bill was ordered to be engrossed and placed on the calendar. HOUSE JOURNAL, WEDNESDAY, FEBRUARY 27, 2013 143

Representative Ramos submitted the following report: The standing committee on Finance and Appropriations to which was referred H. B. No. 35-Representative McGregor, having had the same under consideration, reports it back as a substitute bill and recommends its passage. RE: TRANSPORTATION AND PUBLIC SAFETY BUDGET

RON AMSTUTZ JEFF MCCLAIN RICHARD ADAMS MARLENE ANIELSKI PETER BECK TIMOTHY DERICKSON MIKE DOVILLA MIKE DUFFEY ANNE GONZALES CHERYL GROSSMAN DAVE HALL BILL HAYES RON MAAG ROSS MCGREGOR CLIFF ROSENBERGER BARBARA R. SEARS RYAN SMITH ROBERT COLE SPRAGUE PETER STAUTBERG GERALD L. STEBELTON

The following members voted "NO"

VERNON SYKES NICKIE ANTONIO MIKE ASHFORD JOHN PATRICK CARNEY KATHLEEN CLYDE DENISE DRIEHAUS MIKE FOLEY MATT LUNDY DEBBIE PHILLIPS DAN RAMOS ALICIA REECE

The report was agreed to. The bill was ordered to be engrossed and placed on the calendar. Representative Ramos submitted the following report: The standing committee on Finance and Appropriations to which was referred H. B. No. 51-Representatives McGregor, Patmon, et al., having had the same under consideration, reports it back and recommends its passage. RE: OHIO TURNPIKE-REVISE LAW/APPROPRIATION

RON AMSTUTZ JEFF MCCLAIN RICHARD ADAMS PETER BECK TIMOTHY DERICKSON MIKE DUFFEY ANNE GONZALES CHERYL GROSSMAN DAVE HALL BILL HAYES RON MAAG ROSS MCGREGOR CLIFF ROSENBERGER BARBARA R. SEARS RYAN SMITH ROBERT COLE SPRAGUE PETER STAUTBERG GERALD L. STEBELTON 144 HOUSE JOURNAL, WEDNESDAY, FEBRUARY 27, 2013

The following members voted "NO"

VERNON SYKES MARLENE ANIELSKI NICKIE ANTONIO MIKE ASHFORD JOHN PATRICK CARNEY KATHLEEN CLYDE MIKE DOVILLA DENISE DRIEHAUS MIKE FOLEY MATT LUNDY DEBBIE PHILLIPS DAN RAMOS ALICIA REECE

The report was agreed to. The bill was ordered to be engrossed and placed on the calendar. On motion of Representative Green, the House adjourned until Thursday, February 28, 2013 at 1:00 o'clock p.m.

Attest: BRADLEY J. YOUNG, Clerk.