JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES

OHIO House of Representatives JOURNAL

TUESDAY, FEBRUARY 3, 2004 1589 HOUSE JOURNAL, TUESDAY, FEBRUARY 3, 2004

ONE HUNDRED FORTY-THIRD DAY Hall of the House of Representatives, Columbus, Tuesday, February 3, 2004 at 11:00 o'clock a.m. The House met pursuant to adjournment. Prayer was offered by Reverend Joel L. King Jr. of Gahanna, 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 Householder prior to the commencement of business: The Miami University football team received HR 185, presented by Representative Webster-53rd district. Scott Morrissey and The University of Rio Grande men's soccer team received HR 183 and 184, respectively, presented by Representative C. Evans-87th district. Third and fourth grade students from The Worthington Estates Elementary School, guests of Representative Reidelbach-21st district. Trina Jackson, Liz Blume, and Byron White, guests of Representative Driehaus-31st district. Bernadette Watson, a guest of Representative Yates-33rd district. Mark Brown, Carol Moore, and David Latta, guests of Representative Setzer-36th district. Students from the World of Wonder Community School, guests of Representatives Husted-37th district and Strahorn-40th district. Brandon Worley, a guest of Representative Webster-53rd district. Students from the Fayette Christian School, guests of Representative Schlichter-85th district. Wayne and Marge Evans, Roy and Josin Moses, Charlie Clark, Paul Harrison, Mark Williams, Barbara Boley, Erin Brown, Kristie Preston, Michelle Smith, Kelly Sprague, and Sharon North, guests of Representative C. Evans-87th district. John A. Ralph, a guest of Representative Grendell-98th district. Judge Nancy Fuerst, a guest of Representative Mason-8th district. Tony Hill, a guest of Representative Strahorn-40th district. Kelly and Tim Carey, guests of Representative Kearns-72nd district. Britnay Belezak, a guest of Representative D. Evans-71st district. HOUSE JOURNAL, TUESDAY, FEBRUARY 3, 2004 1590

Representative Cates moved that the House advance to the sixth order of business, being motions and resolutions. The motion was agreed to.

MOTIONS AND RESOLUTIONS Representative Wilson reported for the Rules and Reference Committee recommending that the following House Resolution be read and approved: H.R. No. 182 - Speaker Householder, Representatives Redfern, Allen, Aslanides, Barrett, Beatty, Blasdel, Boccieri, Book, Brinkman, Brown, Buehrer, Callender, Calvert, Carano, Carmichael, Cates, Chandler, Cirelli, Clancy, Collier, Combs, Core, Daniels, DeBose, DeGeeter, DeWine, Distel, Domenick, Driehaus, C. Evans, D. Evans, Faber, Fessler, Flowers, Gibbs, Gilb, Grendell, Hagan, Hartnett, Harwood, Hollister, Hoops, Hughes, Husted, Jerse, Kearns, Key, Kilbane, Koziura, Latta, Martin, Mason, McGregor, Miller, Niehaus, Oelslager, Olman, Otterman, S. Patton, T. Patton, Perry, Peterson, Price, Raga, Raussen, Reidelbach, Reinhard, Schaffer, Schlichter, Schmidt, Schneider, Seaver, Seitz, Setzer, Sferra, Skindell, G. Smith, S. Smith, D. Stewart, J. Stewart, Strahorn, Sykes, Taylor, Trakas, Ujvagi, Wagner, Walcher, Webster, White, Widener, Widowfield, Willamowski, Williams, Wilson, Wolpert, Woodard, Yates, Young IN MEMORY OF THOMAS N. KINDNESSS /s/ LARRY HOUSEHOLDER Larry Householder, Chair Representative Cates moved that the Rules and Reference Committee Report on resolutions be agreed to and that the resolution contained therein be brought up for immediate adoption, read in full, and spread upon the pages of the journal. The motion was agreed to without objection. The question being on the adoption of the resolution, reading as follows: H. R. No. 182-Speaker Householder, Representatives Redfern, Allen, Aslanides, Barrett, Beatty, Blasdel, Boccieri, Book, Brinkman, Brown, Buehrer, Callender, Calvert, Carano, Carmichael, Cates, Chandler, Cirelli, Clancy, Collier, Combs, Core, Daniels, DeBose, DeGeeter, DeWine, Distel, Domenick, Driehaus, C. Evans, D. Evans, Faber, Fessler, Flowers, Gibbs, Gilb, Grendell, Hagan, Hartnett, Harwood, Hollister, Hoops, Hughes, Husted, Jerse, Kearns, Key, Kilbane, Koziura, Latta, Martin, Mason, McGregor, Miller, Niehaus, Oelslager, Olman, Otterman, S. Patton, T. Patton, Perry, Peterson, Price, Raga, Raussen, Reidelbach, Reinhard, Schaffer, Schlichter, Schmidt, Schneider, Seaver, Seitz, Setzer, Sferra, Skindell, G. Smith, S. Smith, D. Stewart, J. Stewart, Strahorn, Sykes, Taylor, Trakas, Ujvagi, Wagner, Walcher, Webster, White, Widener, Widowfield, Willamowski, Williams, Wilson, Wolpert, Woodard, Yates, Young. 1591 HOUSE JOURNAL, TUESDAY, FEBRUARY 3, 2004

In memory of Thomas N. Kindness.

WHEREAS, The members of the House of Representatives of the 125th General Assembly of Ohio were deeply saddened to learn of the death of Thomas N. Kindness and extend our heartfelt condolences to his family and friends; and WHEREAS, Thomas Kindness left an indelible impression on the people whose lives he touched, and he will be remembered as a spirited individual who contributed immeasurably to the world around him. The mayor of the City of Hamilton from 1964 to 1967, a member of the Ohio House of Representatives from 1971 to 1974 and the United States Congress from 1975 to 1987, and the co-founder of Chatfield and Kindness Associates, he was also a former employee of Champion Papers and was active with such praiseworthy organizations as the Salvation Army, the Presbyterian Church, the Boy Scouts of America Dan Beard Council, the Greater Hamilton Civic Theatre, and the Rotary Revels; and WHEREAS, Thomas Kindness' regard for improving the quality of life in our society was clearly evident in his personal sacrifices of time and effort to his family, friends, and community, and he will be remembered for his generosity, talents, and seemingly inexhaustible energy. In all of his endeavors, he displayed exceptional concern and insight, and his absence will be keenly felt; and WHEREAS, A loving husband to his wife, Averil, and a devoted father to his four children, Sharon, David, Glen, and Adam, Thomas Kindness always used his talents to the benefit of others, and the warmth and understanding that he readily extended to those around him will stand as a testament to his personal character. Although the void his death has created can never be filled, the legacy of care and commitment he established will surely live on; therefore be it RESOLVED, That we, the members of the House of Representatives of the 125th General Assembly of Ohio, in adopting this Resolution, express a profound sense of loss and sincere regret at the death of Thomas N. Kindness and, in so doing, pay tribute to the memory of a truly unique individual; and be it further RESOLVED, That the Clerk of the House of Representatives transmit a duly authenticated copy of this Resolution to the family of Thomas N. Kindness. The resolution was adopted. On motion of Representative Cates, the House recessed. The House met pursuant to recess. Representative Cates moved that the House revert to the second order of HOUSE JOURNAL, TUESDAY, FEBRUARY 3, 2004 1592 business, being introduction of bills. The motion was agreed to.

INTRODUCTION OF BILLS The following bills were introduced: H. B. No. 391-Representative Gilb.

To amend sections 323.132, 323.133, 323.25, 323.49, 725.02, 1728.10, 3317.027, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, 5709.73, 5709.78, 5713.07, 5713.08, 5713.082, 5715.27, 5717.02, 5721.011, 5721.34, and 5721.37; to amend, for the purpose of adopting a new section number as indicated in parentheses, section 5715.271 (5715.272); and to enact new section 5715.271 of the Revised Code to require county auditors, rather than the Tax Commissioner, to perform some property tax exemption administrative functions.

H. B. No. 392-Representatives Wagner, Williams, McGregor, Latta, Hoops, Price, Seitz, Aslanides, G. Smith, Hollister, Kearns, Harwood, Perry, Raga, Walcher, Distel, DeGeeter, Collier, Schmidt, C. Evans, Faber, Ujvagi, Gilb, Reidelbach, Barrett, Allen.

To amend sections 2108.04, 2108.10, and 2133.07 and to enact section 2133.16 of the Revised Code to permit a declarant of a declaration or living will to make an anatomical gift in the declaration.

H. B. No. 393-Representatives Harwood, Perry, Williams, Hartnett, Carano, Schmidt, Seitz, Seaver, Sferra, Book, Kearns, Otterman, DeGeeter, Ujvagi, Barrett.

To amend section 3383.01 of the Revised Code to provide that the Ohio Arts and Sports Facilities Commission may participate in the financing of motorsports complexes.

H. B. No. 394-Representative Redfern.

To amend sections 121.02, 121.03, and 3901.01 and to enact sections 3901.012 and 3901.013 of the Revised Code to make the position of head of the Department of Insurance an elective office and name the officeholder the Insurance Commissioner.

H. B. No. 395-Representative Redfern.

To amend sections 3517.01, 3517.10, 3517.102, 3517.13, and 3517.992 of the Revised Code to prohibit employees of the public retirement systems who are directly involved in the investment of retirement system funds and law 1593 HOUSE JOURNAL, TUESDAY, FEBRUARY 3, 2004 firms and legal professional associations that contract with the state to provide legal services on behalf of the state from making political contributions, to establish contribution limits of $100 for contributions made by individuals under 18 years of age, to reduce certain contribution limits to $1,000, and to require specified entities that engage in any form of advocacy that names or otherwise identifies a particular candidate to file campaign finance statements.

H. B. No. 396-Representatives McGregor, Jerse, Widener.

To amend sections 715.27, 3737.65, 3781.102, 4740.01, 4740.02, 4740.03, 4740.04, 4740.05, 4740.06, 4740.07, 4740.08, 4740.09, 4740.10, 4740.101, 4740.11, and 4740.13 and to enact sections 307.382 and 4740.011 of the Revised Code to change the name of the Ohio Construction Industry Examining Board to the Ohio Construction Industry Licensing Board and to make other changes related to that Board.

H. B. No. 397-Representative Gilb.

To amend sections 1509.35 and 1509.38 of the Revised Code to allow the chairperson of the Oil and Gas Commission to appoint temporary members to the Commission from the Technical Advisory Council on Oil and Gas when a quorum of the Commission cannot be obtained.

H. B. No. 398-Representatives J. Stewart, Allen, Aslanides, Core, Hollister, McGregor, Redfern, Seitz, Setzer, Taylor, Willamowski, Olman.

To enact sections 5122.44, 5122.45, and 5122.46 of the Revised Code to require the Department of Mental Health, in coordination with specified agencies and organizations, to create compilations of the patients who died while residing at public hospitals under the Department's jurisdiction and of the cemeteries and gravesites of those patients; to require state agencies, subject to certain restrictions, to grant cemetery restoration organizations access to the death and burial records of those patients in order to facilitate the restoration of their cemeteries and gravesites; and to make other related changes.

Said bills were considered the first time. The following joint resolutions were introduced: H. J. R. No. 13-Representatives Trakas, Williams, Olman, Martin, C. Evans, S. Patton, Kearns, Aslanides, Jerse, Seaver, Oelslager, Peterson, Allen, Callender, Carmichael, Clancy, DeBose, D. Evans, Gibbs, Hagan, Combs, Kilbane, Koziura, McGregor, Niehaus, T. Patton, Raga, Schlichter, Setzer, Widowfield, Wolpert, Yates, Calvert, Collier, Flowers, Otterman, Raussen, Schaffer, G. Smith, White, Widener, Hoops.

Proposing to enact Section 2p of Article VIII of the Constitution of the State HOUSE JOURNAL, TUESDAY, FEBRUARY 3, 2004 1594 of Ohio to authorize the issuance of general obligations of the state to implement the Ohio First, Second, and Third Frontiers Initiative.

H. J. R. No. 14-Representatives Schmidt, Schneider, Willamowski, Fessler, Wagner, Aslanides, Gibbs, Faber.

Proposing to enact Sections 3a, 14, 15, and 16 of Article XII of the Constitution of the State of Ohio to require that increases in state taxes be approved by a supermajority of the members of each house of the General Assembly, to prohibit the General Assembly from increasing state expenditures above the rate of inflation and the rate of the state's population growth except by supermajority vote, to require that certain state tax revenue in excess of that expenditure limit be used for stabilizing the budget and responding to states of emergency, and to prohibit the General Assembly from expending budget stabilization funds except by a supermajority of the members of each house of the General Assembly.

H. J. R. No. 15-Representatives Young, Grendell, Schaffer, Wagner, Williams, Aslanides, Brinkman.

Proposing to enact Section 43 of Article II of the Constitution of the State of Ohio to authorize the General Assembly to determine limitations on damages, other than economic damages, in certain civil actions.

Said joint resolutions were considered the first time.

CONSIDERATION OF SENATE AMENDMENTS The Senate amendments to Sub. H. B. No. 272-Representative Seitz, et al., were taken up for consideration. Sub. H. B. No. 272-Representatives Seitz, McGregor, Calvert, Fessler, Wolpert, Hoops, Clancy, Schmidt, Willamowski, Schneider, Setzer, Aslanides, Raga, Young, Wagner, Webster, Buehrer, Daniels, Collier, Hagan, Cates, Schaffer, Gilb, Reidelbach, Niehaus, Latta, Seaver, Faber, D. Evans, Flowers, Taylor, Grendell, Brinkman, Blasdel, Distel, C. Evans, Gibbs, Jolivette, Martin, Raussen, Schlichter, White, Widener. -Senators Harris, Blessing, Amstutz, Carey, Hottinger, Jordan, Wachtmann, Padgett.

To amend sections 3101.01 and 3105.12 of the Revised Code to specifically declare that same-sex marriages are against the strong public policy of the state, to declare that the recognition or extension by the state of the specific statutory benefits of legal marriage to nonmarital relationships is against the public policy of the state, and to make other declarations regarding same-sex marriages.

The question being, "Shall the Senate amendments be concurred in?" 1595 HOUSE JOURNAL, TUESDAY, FEBRUARY 3, 2004

The yeas and nays were taken and resulted - yeas 72, nays 22, as follows: Those who voted in the affirmative were: Representatives

Aslanides Blasdel Book Brinkman Buehrer Callender Calvert Carmichael Cates Cirelli Clancy Collier Combs Core Daniels DeBose DeGeeter DeWine Distel Driehaus Evans C. Evans D. Faber Fessler Flowers Gibbs Gilb Grendell Hagan Hartnett Harwood Hoops Hughes Husted Kearns Kilbane Latta Martin McGregor Niehaus Oelslager Olman Patton T. Peterson Price Raga Raussen Reidelbach Reinhard Schaffer Schlichter Schmidt Schneider Seaver Seitz Setzer Smith G. Stewart J. Taylor Trakas Wagner Walcher Webster White Widener Widowfield Willamowski Williams Wilson Wolpert Woodard Householder-72.

Those who voted in the negative were: Representatives

Barrett Beatty Brown Carano Chandler Domenick Hollister Jerse Key Koziura Mason Miller Otterman Perry Redfern Sferra Skindell Stewart D. Strahorn Sykes Ujvagi Yates-22.

The Senate amendments were concurred in.

REPORTS OF STANDING AND SELECT COMMITTEES AND BILLS FOR SECOND CONSIDERATION Representative Harwood submitted the following report: The standing committee on Judiciary to which was referred H. B. No. 318-Representative Seitz, et al., having had the same under consideration, reports it back and recommends its passage. RE: PROBATE - TREAT NONCOMPLYING DOC AS WILL

TOM RAGA JOHN R. WILLAMOWSKI JOHN WIDOWFIELD SANDRA STABILE HARWOOD STEVE L. DRIEHAUS W.

The report was agreed to. The bill was ordered to be engrossed and placed on the calendar. HOUSE JOURNAL, TUESDAY, FEBRUARY 3, 2004 1596

BILLS FOR THIRD CONSIDERATION Sub. H. B. No. 299-Representatives Gibbs, Calvert, Seitz, Gilb, Raussen, Fessler, D. Evans, Faber, Collier, Kearns, Schmidt, Hartnett, Barrett, Wolpert, Wagner, Daniels, McGregor, Domenick, C. Evans, Price, Sferra, Martin.

To amend sections 5543.01, 5555.02, 5571.02, 5571.08, and 5571.12 and to enact sections 5541.05, 5553.045, and 5571.20 of the Revised Code to provide for the vacation upon petition of a township of certain township roads that are not used by and maintained for the public and to permit a board of county commissioners and a board of township trustees to place a graveled or unimproved county or township road on nonmaintained status, was taken up for consideration the third time.

The question being, "Shall the bill pass?" The yeas and nays were taken and resulted - yeas 94, nays 0, as follows: Those who voted in the affirmative were: Representatives

Aslanides Barrett Beatty Blasdel Book Brinkman Brown Buehrer Callender Calvert Carano Carmichael Cates Chandler Cirelli Clancy Collier Combs Core Daniels DeBose DeGeeter DeWine Distel Domenick Driehaus Evans C. Evans D. Faber Fessler Flowers Gibbs Gilb Grendell Hagan Hartnett Harwood Hollister Hoops Hughes Husted Jerse Kearns Key Kilbane Koziura Latta Martin Mason McGregor Miller Niehaus Oelslager Olman Otterman Patton T. Perry Peterson Price Raga Raussen Redfern Reidelbach Reinhard Schaffer Schlichter Schmidt Schneider Seaver Seitz Setzer Sferra Skindell Smith G. Stewart D. Stewart J. Strahorn Sykes Taylor Trakas Ujvagi Wagner Walcher Webster White Widener Widowfield Willamowski Williams Wilson Wolpert Woodard Yates Householder-94.

The bill passed. Representative Gibbs moved to amend the title as follows: Add the names: "Aslanides, Book, Carano, Carmichael, Cates, Chandler, Clancy, DeBose, Distel, Flowers, Grendell, Hagan, Hollister, Hughes, Niehaus, T. Patton, Peterson, Reinhard, Schneider, Setzer, J. Stewart, Taylor, 1597 HOUSE JOURNAL, TUESDAY, FEBRUARY 3, 2004 Walcher, Webster, Willamowski." The motion was agreed to and the title so amended. The title as amended was agreed to. Sub. H. B. No. 230-Representatives Reinhard, Schlichter, Widowfield.

To amend sections 109.801, 121.08, 1548.08, 1548.09, 1548.13, 1548.20, 2935.27, 2937.221, 3937.41, 3937.43, 3937.45, 4501.01, 4501.02, 4501.021, 4501.11, 4503.01, 4503.03, 4503.034, 4503.04, 4503.041, 4503.042, 4503.10, 4503.12, 4503.13, 4503.231, 4503.24, 4503.44, 4504.01, 4505.07, 4505.08, 4505.09, 4505.10, 4505.11, 4505.13, 4505.141, 4506.01, 4506.08, 4506.09, 4506.11, 4506.12, 4507.13, 4507.141, 4507.19, 4507.20, 4507.50, 4507.51, 4507.53, 4507.99, 4509.05, 4509.101, 4509.79, 4510.10, 4510.22, 4510.31, 4510.43, 4511.01, 4513.61, 4513.63, 4517.01, 4517.03, 4517.05, 4517.10, 4517.14, 4519.03, 4519.05, 4519.56, 4519.57, 4519.58, 4519.61, 4519.631, 4519.68, 4738.05, 4738.18, 4749.02, 4749.03, 4749.04, 4749.05, 4749.06, 4749.07, 4749.08, 4749.10, 4749.11, 4749.12, 4749.13, 4749.14, 4905.06, 4919.79, 4923.20, 5502.01, 5502.11, 5503.34, 5516.01, 5516.04, 5516.061, 5516.10, 5577.042, 5577.05, and 5577.99 and to enact sections 4503.642, 4507.1614, 4511.121, 4549.081, 4738.19, 5502.011, and 5516.062 of the Revised Code to amend Sections 29 and 85 of Am. Sub. H.B. 95 of the 125th General Assembly, to revise and clarify the laws governing the Department of Public Safety, including the Bureau of Motor Vehicles and the State Highway Patrol, to make changes and corrections to the motor vehicle certificate of title law and registration law, to clarify that the state is the sole regulator for the registration, licensing, and regulation of motor vehicle salvage dealers, to expand the authority of the Department of Transportation concerning the regulation of advertising devices, to transfer regulatory authority for private investigators and security guard providers from the Division of Real Estate and Professional Licensing in the Department of Commerce to the Department of Public Safety, and to make an appropriation, was taken up for consideration the third time.

Representative Cates moved that House Rule No. 64, pertaining to bills with an appropriation clause being referred to the Committee on Finance and Appropriations, be suspended and that Sub. H. B. No. 230-Representative Reinhard, et al., be taken up for immediate consideration. The motion was agreed to without objection. The question being, "Shall the bill pass?" The yeas and nays were taken and resulted - yeas 91, nays 3, as follows: Those who voted in the affirmative were: Representatives

Aslanides Barrett Beatty Blasdel Book Brown Buehrer Callender Carano Carmichael Cates Chandler Cirelli Clancy Collier Combs HOUSE JOURNAL, TUESDAY, FEBRUARY 3, 2004 1598

Core Daniels DeBose DeGeeter DeWine Distel Domenick Driehaus Evans C. Evans D. Faber Fessler Flowers Gibbs Gilb Hagan Hartnett Harwood Hollister Hoops Hughes Husted Jerse Kearns Key Kilbane Koziura Latta Martin Mason McGregor Miller Niehaus Oelslager Olman Otterman Patton T. Perry Peterson Price Raga Raussen Redfern Reidelbach Reinhard Schaffer Schlichter Schmidt Schneider Seaver Seitz Setzer Sferra Skindell Smith G. Stewart D. Stewart J. Strahorn Sykes Taylor Trakas Ujvagi Wagner Walcher Webster White Widener Widowfield Willamowski Williams Wilson Wolpert Woodard Yates Householder-91.

Representatives Brinkman, Calvert, and Grendell voted in the negative-3. The bill passed. Representative Reinhard moved to amend the title as follows: Add the names: "Aslanides, Carmichael, Cates, DeBose, C. Evans, Flowers, Gibbs, Hagan, Otterman, Perry, Raussen, Schmidt, Seitz, Setzer, Webster." The motion was agreed to and the title so amended. The title as amended was agreed to. On motion of Representative Cates, the House recessed. The House met pursuant to recess. Representative Flowers 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 Wilson 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. 385 - Representative Distel, et al PROHIBIT DISPLAYING WITHIN ONE MILE OF ANY SCHOOL BUILDING ANY ADVERTISING DEVISE THAT ADVERTISES A SEXUALLY ORIENTED BUSINESS To the committee on Juvenile and Family Law 1599 HOUSE JOURNAL, TUESDAY, FEBRUARY 3, 2004 H.B. No. 386- Representative Kilbane, et al TO SPECIFY THAT THE BUILDING CODE ADOPTED BY THE BOARD OF BUILDING STANDARDS IS A STATEWIDE UNIFORM BUILDING CODE To the committee on Homeland Security, Engineering, and Architectural Design H.B. No. 387 - Representative Trakas, et al TO PROHIBIT THE ADMINISTRATION OF MEDICATION TO A CHILD IN A DAY CARE SETTING WITHOUT AUTHORIZATION FROM THE CHILD'S PARENTS To the committee on Health H.B. No. 388 - Representative Latta, et al TO AUTHORIZE THE SUPREME COURT TO CREATE A BOARD, COMMISSION, OR OTHER ENTITY TO OPERATE AND MAINTAIN THE FACILITIES AND ATTENDANT EXTERIOR GROUNDS OF THE STATE-OWNED REAL ESTATE LOCATED IN FRANKLIN COUNTY THAT THIS ACT CONVEYS, TO EXEMPT THAT REAL ESTATE FROM TAXATION AND ASSESSMENTS, TO AUTHORIZE THE CONVEYANCE OF THAT REAL ESTATE TO THE SUPREME COURT, AND TO DECLARE AN EMERGENCY To the committee on Finance H.B. No. 389 - Representative Hughes TO INCREASE THE PENALTY FOR IDENTITY FRAUD AGAINST AN ELDERLY PERSON OR DISABLED ADULT, AND TO CREATE THE IDENTITY FRAUD PASSPORT To the committee on Human Services and Aging H.B. No. 390 - Representative Sykes, et al TO ESTABLISH NUTRITIONAL STANDARDS FOR FOOD SOLD TO STUDENTS IN PUBLIC ELEMENTARY SCHOOLS AND TO PROHIBIT THE SALE OF CERTAIN BEVERAGES TO STUDENTS IN ALL PUBLIC SCHOOLS EXCEPT UNDER SPECIFIED CONDITIONS To the committee on Education

LARRY HOUSEHOLDER GARY W. CATES CHARLES CALVERT JIM CARMICHAEL PATRICIA M. CLANCY LARRY L. FLOWERS JIM HUGHES THOMAS F. PATTON JON M. PETERSON JOHN SCHLICHTER JAMES PETER TRAKAS KATHLEEN WALCHER CHRIS REDFERN JOYCE BEATTY KENNETH A. CARANO EDWARD JERSE ROBERT J. OTTERMAN CHARLES A. WILSON

Representative Flowers moved that the House and constitutional Rules HOUSE JOURNAL, TUESDAY, FEBRUARY 3, 2004 1600 requiring bills to be considered by each house on three different days be suspened as to the second consideration of the 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 a second time and referred as recommended. Representative Wilson submitted the following report: The standing committee on Rules and Reference to which was re-referred H.B. No. 104 - Representative Redfern, et al., having had the same under consideration, reports it back, and recommends its re-referral to the committee on Agriculture and Natural Resources. RE: ANIMAL EUTHANASIA PROHIBIT

LARRY HOUSEHOLDER GARY W. CATES PATRICIA M. CLANCY JAMES PETER TRAKAS JON M. PETERSON CHARLES CALVERT JIM HUGHES LARRY L. FLOWERS THOMAS F. PATTON JOHN SCHLICHTER JIM CARMICHAEL KATHLEEN WALCHER JOYCE BEATTY KENNETH A. CARANO EDWARD JERSE CHARLES A. WILSON

The report was agreed to. The bill was ordered to be engrossed and rereferred to the committee on Agriculture and Natural Resources. Representative Woodard submitted the following report: The standing committee on Finance and Appropriations to which was referred H. B. No. 388-Representative Latta, et al., having had the same under consideration, reports it back as a substitute bill and recommends its passage. RE: SUPREME COURT PROPERTY TRANSFER Representative Calvert moved to amend the title as follows: Add the names: "Calvert, D. Evans, Flowers, Grendell."

WILLIAM J. HARTNETT CHARLES CALVERT JAMES PETER TRAKAS DALE MILLER JIMMY STEWART KEVIN DEWINE FRED STRAHORN JOYCE BEATTY PATRICIA M. CLANCY JON M. PETERSON PETER UJVAGI CATHERINE L. BARRETT TIMOTHY J. GRENDELL MERLE GRACE KEARNS SHAWN N. WEBSTER 1601 HOUSE JOURNAL, TUESDAY, FEBRUARY 3, 2004 KEITH L. FABER EDWARD JERSE THOMAS F. PATTON CHARLES A. WILSON LARRY L. FLOWERS JIM HUGHES JAMES M. HOOPS DAVID R. EVANS JOHN SCHLICHTER TOM RAGA JON A. HUSTED TONY CORE CLAUDETTE J. WOODARD

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

On motion of Representative Flowers, the House adjourned until Wednesday, February 4, 2004 at 1:30 o'clock p.m.

Attest: LAURA P. CLEMENS, Clerk.