JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES

OHIO

House

of

Representatives

JOURNAL

Wednesday, September 29, 2021

Hall of the House of Representatives, Columbus, Ohio

Wednesday, September 29, 2021, 9:00 o'clock a.m.

The House met pursuant to adjournment.

Prayer was offered by Pastor Brian Hanson of the Capitol Ministries in Columbus, Ohio, followed by the Pledge of Allegiance to the Flag.

The following guests of the House of Representatives were recognized prior to the commencement of business:

Missouri State Representative Patricia Pike, a guest of Speaker Cupp- 4th district.

Josie Roemer, a guest of Representative Roemer- 38th district.

Jackson Mayor Randy Evans, Wellston Mayor Charlie Hudson, Sam Brady, and Amanda Williams, guests of Representative Stephens- 93rd district.

Members of the Ohio Real Estate Investors' Association, guests of Representatives West- 49th district and Fraizer- 71st district.

The journal of yesterday was read and approved.

INTRODUCTION OF BILLS

The following bills were introduced:

H. B. No. 437 - Representative Crossman.

Cosponsors: Representatives Smith, M., Troy, Brown, Riedel, Lipps, Russo, Sheehy.

To enact section 2911.14 of the Revised Code to create the offense of postal package theft.

H. B. No. 438 - Representative Ingram.

Cosponsors: Representatives Galonski, Kelly, Sobecki, Miller, J., Smith, K., West, Miller, A., Denson, Miranda, Sheehy, Lightbody, Schmidt.

To enact section 5.294 of the Revised Code to designate May 13 as "Nathaniel R. Jones Day."

H. B. No. 439 - Representatives Galonski, Hillyer.

Cosponsors: Representatives Brent, Jarrells, Lightbody, Miller, A., Miller, J., Sobecki, Troy.

To amend sections 5122.01 and 5122.10 of the Revised Code to make changes to the law regarding involuntary treatment for mentally ill persons subject to a court order.

Said bills were considered the first time.

REPORTS OF STANDING AND SELECT COMMITTEES AND BILLS FOR SECOND CONSIDERATION

Representative Russo submitted the following report:

The standing committee on Health to which was referred H. B. No. 435-Representatives Carfagna, Seitz, et al., having had the same under consideration, reports it back as a substitute bill and recommends its passage.

RE: DECLARE INTENT TO ENACT LEGISLATION REGARDING VACCINES

Representative Russo moved to amend the title as follows:

Add the name: "Lipps"

P. Scott Lipps Adam Holmes

Cindy Abrams Adam C. Bird

Al Cutrona Timothy E. Ginter

Don Jones Phil Plummer

Brian Stewart Andrea White

Tom Young

The following members voted "NO"

C. Allison Russo Beth Liston

Terrence Upchurch

The report was agreed to.

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

Representative Crossman submitted the following report:

The standing committee on Financial Institutions to which was referred S. B. No. 115-Senator Schuring, et al., having had the same under consideration, reports it back and recommends its passage.

RE: REVISE THE OHIO POOLED COLLATERAL PROGRAM

Kris Jordan Ron Ferguson

Jeffrey A. Crossman Brett Hudson Hillyer

Catherine D. Ingram Brian E. Lampton

David Leland Derek Merrin

Jena Powell Bill Roemer

Bride Rose Sweeney

The report was agreed to.

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

MOTIONS AND RESOLUTIONS

Representative Jones moved that majority party members asking leave to be absent or absent the week of Wednesday, September 29, 2021, be excused, so long as a written request is on file in the majority leadership offices.

The motion was agreed to.

Representative Hicks-Hudson moved that minority party members asking leave to be absent or absent the week of Wednesday, September 29, 2021, be excused, so long as a written request is on file in the minority leadership offices.

The motion was agreed to.

BILLS FOR THIRD CONSIDERATION

H. B. No. 34-Representative Ingram.

To amend sections 3314.03, 3326.11, and 3328.24 and to enact section 3319.324 of the Revised Code to require that public and private schools transmit a transferred student's records within five school days, was taken up for consideration the third time.

The question being, "Shall the bill pass?"

Representative Ginter moved that H. B. No. 34-Representative Ingram, et al., be informally passed and retain its place on the calendar.

The motion was agreed to without objection.

S. B. No. 43-Senator Schaffer.

To enact section 5.271 of the Revised Code to designate July as "Sarcoma Awareness Month" and to name the act Hank's Law, was taken up for consideration the third time.

The question being, "Shall the bill pass?"

Representative Ginter moved that S. B. No. 43-Senator Schaffer, et al., be informally passed and retain its place on the calendar.

The motion was agreed to without objection.

Sub. H. B. No. 435-Representatives Carfagna, Seitz.

To amend section 4123.01 and to enact sections 3792.05, 3792.06, 3792.07, 3792.08, 4123.87, and 4765.60 of the Revised Code to address COVID-19 vaccine requirements for employees and students; to extend certain timelines for qualified civil immunity and expand immunity to include hearing aid dealers and hearing aid fitters; to authorize emergency medical technicians to administer COVID-19 tests; to expressly cover COVID-19 vaccine injuries under the workers' compensation system; and to repeal sections 3792.05, 3792.06, 3792.07, and 3792.08 of the Revised Code on June 30, 2023, was taken up for consideration the third time.

The question being, "Shall the bill pass?"

Representative Ginter moved that Sub. H. B. No. 435-Representatives Carfagna, Seitz, be re-referred to the committee on Rules and Reference.

The question being, "Shall the motion to re-refer be agreed to?"

The motion was agreed to without objection.

Sub. H. B. No. 265-Representatives Manning, Patton.

To amend sections 1923.02, 2950.034, 5103.13, 5103.131, 5321.03, and 5321.051; to amend, for the purpose of adopting a new section number as indicated in parentheses, section 5103.132 (5103.6016); and to enact sections 5103.60, 5103.602, 5103.603, 5103.608, 5103.609, 5103.6010, 5103.6011, 5103.6012, 5103.6015, 5103.6017, 5103.6018, 5103.61, 5103.611, 5103.612, 5103.614, 5103.615, and 5103.617 of the Revised Code regarding children's crisis care facilities and residential infant care centers, was taken up for consideration the third time.

The question being, "Shall the bill pass?"

The yeas and nays were taken and resulted – yeas 93, nays 1, as follows:

Those who voted in the affirmative were: Representatives
Abrams Baldridge Bird Blackshear
Boggs Boyd Brent Brinkman
Brown Callender Carfagna Carruthers
Click Creech Cross Crossman
Cutrona Dean Denson Edwards
Ferguson Fowler Arthur Fraizer Galonski
Ghanbari Ginter Grendell Gross
Hall Hicks-Hudson Hillyer Holmes
Hoops Howse Ingram Jarrells
John Johnson Jones Jordan
Kelly Kick Koehler Lampton
Lanese LaRe Leland Lightbody
Lipps Liston Loychik Manning
McClain Merrin Miller, A. Miller, J.
Miller, K. Miranda O'Brien Oelslager
Pavliga Plummer Powell Ray
Richardson Riedel Robinson Roemer
Russo Schmidt Seitz Sheehy
Skindell Smith, K. Smith, M. Stein
Stephens Stewart Stoltzfus Swearingen
Sweeney Sykes Troy Upchurch
Weinstein West White Wiggam
Wilkin Young, B. Young, T. Zeltwanger
Cupp-93

Representative Vitale voted in the negative-1.

The bill passed.

Representative Manning moved to amend the title as follows:

Add the names: "Abrams, Baldridge, Blackshear, Boyd, Brent, Brown, Carfagna, Carruthers, Creech, Crossman, Cutrona, Denson, Edwards, Fraizer, Galonski, Ghanbari, Ginter, Hicks-Hudson, Holmes, Howse, Ingram, Jarrells, John, Jones, Kick, Koehler, Lampton, Lanese, Lightbody, Liston, Loychik, Miller, A., Miller, J., Miranda, O'Brien, Oelslager, Pavliga, Plummer, Ray, Richardson, Riedel, Roemer, Russo, Schmidt, Smith, K., Smith, M., Stein, Troy, Upchurch, Weinstein, West, White, Young, T."

The motion was agreed to and the title so amended.

The title as amended was agreed to.

Am. H. B. No. 175-Representative Hillyer.

To amend sections 3745.114 and 6111.01 and to enact section 6111.011 of the Revised Code to deregulate certain ephemeral water features under various water pollution control laws, was taken up for consideration the third time.

The question being, "Shall the bill pass?"

The yeas and nays were taken and resulted – yeas 61, nays 33, as follows:

Those who voted in the affirmative were: Representatives
Abrams Baldridge Bird Brinkman
Brown Callender Carfagna Carruthers
Click Creech Cross Cutrona
Dean Edwards Ferguson Fowler Arthur
Fraizer Ginter Grendell Gross
Hall Hillyer Holmes Hoops
John Johnson Jones Jordan
Kick Koehler Lampton LaRe
Lipps Loychik Manning McClain
Merrin Miller, K. Oelslager Pavliga
Plummer Powell Ray Richardson
Riedel Roemer Schmidt Seitz
Stein Stephens Stewart Stoltzfus
Swearingen Vitale White Wiggam
Wilkin Young, B. Young, T. Zeltwanger
Cupp-61

Those who voted in the negative were: Representatives
Blackshear Boggs Boyd Brent
Crossman Denson Galonski Ghanbari
Hicks-Hudson Howse Ingram Jarrells
Kelly Lanese Leland Lightbody
Liston Miller, A. Miller, J. Miranda
O'Brien Robinson Russo Sheehy
Skindell Smith, K. Smith, M. Sweeney
Sykes Troy Upchurch Weinstein
West-33

The bill passed.

Representative Hillyer moved to amend the title as follows:

Add the names: "Callender, Carruthers, Click, Cross, Cutrona, Edwards, Ginter, Hall, Jordan, Lampton, LaRe, Merrin, Riedel, Stephens, Wiggam."

The motion was agreed to and the title so amended.

The title as amended was agreed to.

Sub. S. B. No. 1-Senators Wilson, McColley.

To amend sections 3313.603, 3314.03, and 3326.11 and to enact sections 121.086, 3319.238, and 3319.239 of the Revised Code relating to teaching financial literacy in high school, to provide discretion regarding educational requirements of substitute teachers for the 2021-2022 school year, and to declare an emergency, was taken up for consideration the third time.

The question being, "Shall the emergency clause stand as part of the bill?"

The yeas and nays were taken and resulted – yeas 88, nays 5, as follows:

Those who voted in the affirmative were: Representatives
Abrams Baldridge Bird Blackshear
Boggs Boyd Brent Brown
Carfagna Carruthers Click Creech
Cross Crossman Cutrona Denson
Edwards Ferguson Fowler Arthur Fraizer
Galonski Ghanbari Ginter Grendell
Gross Hall Hicks-Hudson Hillyer
Holmes Hoops Howse Ingram
Jarrells John Johnson Jones
Jordan Kelly Kick Koehler
Lampton Lanese LaRe Leland
Lightbody Liston Loychik Manning
McClain Merrin Miller, A. Miller, J.
Miller, K. Miranda O'Brien Oelslager
Pavliga Plummer Ray Richardson
Riedel Robinson Roemer Russo
Schmidt Seitz Sheehy Skindell
Smith, K. Smith, M. Stein Stephens
Stewart Stoltzfus Swearingen Sweeney
Sykes Troy Upchurch Weinstein
West White Wiggam Wilkin
Young, B. Young, T. Zeltwanger Cupp-88

Representatives Brinkman, Callender, Dean, Powell, and Vitale voted in the negative-5.

Having received the required 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 91, nays 1, as follows:

Those who voted in the affirmative were: Representatives
Abrams Baldridge Bird Blackshear
Boggs Boyd Brent Brinkman
Brown Callender Carfagna Carruthers
Click Creech Cross Crossman
Cutrona Dean Denson Edwards
Ferguson Fowler Arthur Fraizer Galonski
Ghanbari Ginter Grendell Gross
Hall Hicks-Hudson Hillyer Holmes
Hoops Howse Ingram Jarrells
John Johnson Jones Jordan
Kelly Kick Koehler Lampton
Lanese LaRe Leland Lightbody
Liston Loychik Manning McClain
Merrin Miller, A. Miller, J. Miller, K.
Miranda O'Brien Oelslager Pavliga
Plummer Powell Ray Richardson
Riedel Robinson Roemer Russo
Schmidt Seitz Sheehy Skindell
Smith, K. Smith, M. Stein Stephens
Stewart Stoltzfus Swearingen Sweeney
Troy Upchurch Weinstein West
White Wiggam Wilkin Young, B.
Young, T. Zeltwanger Cupp-91

Representative Vitale voted in the negative-1.

Having received the required constitutional majority, the bill passed as an emergency measure.

Representative Manning moved to amend the title as follows:

Add the names: "Abrams, Baldridge, Blackshear, Boggs, Boyd, Brent, Brown, Carfagna, Carruthers, Creech, Cross, Crossman, Cutrona, Denson, Edwards, Fraizer, Galonski, Ghanbari, Ginter, Gross, Hall, Hicks-Hudson, Hillyer, Holmes, Jarrells, John, Johnson, Kick, Lampton, Lanese, LaRe, Leland, Lightbody, Loychik, McClain, Merrin, Miller, A., Miranda, O'Brien, Plummer, Ray, Richardson, Riedel, Robinson, Roemer, Russo, Schmidt, Seitz, Sheehy, Smith, K., Smith, M., Stein, Stephens, Stewart, Sweeney, Upchurch, Weinstein, West, White, Wilkin, Young, T., Zeltwanger."

The motion was agreed to and the title so amended.

The title as amended was agreed to.

Message from the Senate

Mr. Speaker:

I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill:

Sub. H. B. No. 21 - Representative Koehler

Cosponsors: Representatives Riedel, Carfagna, Pavliga, Ray, Smith, K., Sheehy, Baldridge, Hall, O'Brien, Abrams, Bird, Blackshear, Boggs, Brown, Callender, Carruthers, Click, Crawley, Creech, Cross, Crossman, Denson, Edwards, Fraizer, Galonski, Ghanbari, Ginter, Grendell, Gross, Hicks-Hudson, Hillyer, Hoops, Householder, Ingram, Jarrells, John, Johnson, Jones, Kick, Lampton, Lanese, LaRe, Leland, Lepore-Hagan, Lightbody, Lipps, Liston, Loychik, Miller, A., Miranda, Oelslager, Patton, Plummer, Robinson, Roemer, Russo, Seitz, Smith, M., Sobecki, Stein, Stewart, Stoltzfus, Sweeney, Troy, Upchurch, Weinstein, West, White, Wilkin, Young, B., Young, T. Senators Blessing, Brenner, Cirino, Craig, Dolan, Fedor, Gavarone, Hackett, Hottinger, Huffman, S., Kunze, Maharath, Manning, McColley, Peterson, Reineke, Roegner, Romanchuk, Rulli, Schaffer, Sykes, Thomas, Yuko

To amend sections 2108.05, 2108.23, 2108.34, 4503.10, and 4503.721; to enact section 4501.028; and to repeal sections 4506.081, 4507.231, and 4507.501 of the Revised Code to, effective October 1, 2022, increase the annual contribution for the "Donate Life" license plate and requested contributions to the Second Chance Trust Fund and to provide additional opportunities for Ohio residents to register as an organ donor.

As a substitute bill, in which the concurrence of the House is requested.

Attest: Vincent L. Keeran,

Clerk.

Representative Ginter moved that the Senate amendments to Sub. H. B. No. 21-Representative Koehler, et al., be taken up for immediate consideration.

The motion was agreed to without objection.

The Senate amendments to Sub. H. B. No. 21-Representative Koehler, et al., were taken up for consideration.

Sub. H. B. No. 21 - Representative Koehler.

Cosponsors: Representatives Riedel, Carfagna, Pavliga, Ray, Smith, K., Sheehy, Baldridge, Hall, O'Brien, Abrams, Bird, Blackshear, Boggs, Brown, Callender, Carruthers, Click, Crawley, Creech, Cross, Crossman, Denson, Edwards, Fraizer, Galonski, Ghanbari, Ginter, Grendell, Gross, Hicks-Hudson, Hillyer, Hoops, Householder, Ingram, Jarrells, John, Johnson, Jones, Kick, Lampton, Lanese, LaRe, Leland, Lepore-Hagan, Lightbody, Lipps, Liston, Loychik, Miller, A., Miranda, Oelslager, Patton, Plummer, Robinson, Roemer, Russo, Seitz, Smith, M., Sobecki, Stein, Stewart, Stoltzfus, Sweeney, Troy, Upchurch, Weinstein, West, White, Wilkin, Young, B., Young, T. Senators Blessing, Brenner, Cirino, Craig, Dolan, Fedor, Gavarone, Hackett, Hottinger, Huffman, S., Kunze, Maharath, Manning, McColley, Peterson, Reineke, Roegner, Romanchuk, Rulli, Schaffer, Sykes, Thomas, Yuko.

To amend sections 2108.05, 2108.23, 2108.34, 4503.10, and 4503.721; to enact section 4501.028; and to repeal sections 4506.081, 4507.231, and 4507.501 of the Revised Code to, effective October 1, 2022, increase the annual contribution for the "Donate Life" license plate and requested contributions to the Second Chance Trust Fund and to provide additional opportunities for Ohio residents to register as an organ donor.

The question being, “Shall the Senate amendments be concurred in?”

The yeas and nays were taken and resulted – yeas 92, nays 1, as follows:

Those who voted in the affirmative were: Representatives
Abrams Baldridge Bird Blackshear
Boggs Boyd Brent Brinkman
Brown Callender Carfagna Carruthers
Click Creech Cross Crossman
Cutrona Dean Denson Edwards
Ferguson Fowler Arthur Fraizer Galonski
Ghanbari Ginter Grendell Gross
Hall Hicks-Hudson Hillyer Holmes
Hoops Howse Ingram Jarrells
John Johnson Jones Jordan
Kelly Kick Koehler Lampton
Lanese LaRe Leland Lightbody
Liston Loychik Manning McClain
Merrin Miller, A. Miller, J. Miller, K.
Miranda O'Brien Oelslager Pavliga
Plummer Powell Ray Richardson
Riedel Robinson Roemer Russo
Schmidt Seitz Sheehy Skindell
Smith, K. Smith, M. Stein Stephens
Stewart Stoltzfus Swearingen Sweeney
Sykes Troy Upchurch Weinstein
West White Wiggam Wilkin
Young, B. Young, T. Zeltwanger Cupp-92

Representative Vitale voted in the negative-1.

The Senate amendments were concurred in.

Message from the Senate

Mr. Speaker:

I am directed to inform the House of Representatives that the Senate has concurred in the passage of the following bill:

Sub. H. B. No. 176 - Representatives Carfagna, Hall

Cosponsors: Representatives Abrams, Riedel, Miller, J., Seitz, Gross, Troy, Young, T., White, Bird, LaRe, Stephens, Swearingen, Fraizer, Lipps, Russo, Cutrona, Ginter, Plummer, West, Baldridge, Brown, Carruthers, Click, Crawley, Creech, Cross, Crossman, Ghanbari, Householder, Jarrells, John, Johnson, Jones, Kick, Lanese, Lightbody, Loychik, O'Brien, Oelslager, Patton, Ray, Roemer, Sheehy, Sobecki, Stein, Weinstein, Wiggam Senators Blessing, Brenner, Cirino, Craig, Fedor, Gavarone, Hackett, Hoagland, Huffman, S., Johnson, Reineke, Romanchuk, Rulli, Sykes, Thomas, Yuko

To amend sections 4731.22, 4755.60, 4755.62, and 4755.64 and to enact sections 4755.621, 4755.622, and 4755.623 of the Revised Code to revise the law governing the practice of athletic training.

As a substitute bill, in which the concurrence of the House is requested.

Attest: Vincent L. Keeran,

Clerk.

Representative Ginter moved that the Senate amendments to Sub. H. B. No. 176-Representatives Carfagna, Hall, et al., be taken up for immediate consideration.

The motion was agreed to without objection.

The Senate amendments to Sub. H. B. No. 176-Representatives Carfagna, Hall, et al., were taken up for consideration.

Sub. H. B. No. 176 - Representatives Carfagna, Hall.

Cosponsors: Representatives Abrams, Riedel, Miller, J., Seitz, Gross, Troy, Young, T., White, Bird, LaRe, Stephens, Swearingen, Fraizer, Lipps, Russo, Cutrona, Ginter, Plummer, West, Baldridge, Brown, Carruthers, Click, Crawley, Creech, Cross, Crossman, Ghanbari, Householder, Jarrells, John, Johnson, Jones, Kick, Lanese, Lightbody, Loychik, O'Brien, Oelslager, Patton, Ray, Roemer, Sheehy, Sobecki, Stein, Weinstein, Wiggam Senators Blessing, Brenner, Cirino, Craig, Fedor, Gavarone, Hackett, Hoagland, Huffman, S., Johnson, Reineke, Romanchuk, Rulli, Sykes, Thomas, Yuko.

To amend sections 4731.22, 4755.60, 4755.62, and 4755.64 and to enact sections 4755.621, 4755.622, and 4755.623 of the Revised Code to revise the law governing the practice of athletic training.

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
Abrams Baldridge Bird Blackshear
Boggs Boyd Brent Brinkman
Brown Callender Carfagna Carruthers
Click Creech Cross Crossman
Cutrona Dean Denson Edwards
Ferguson Fowler Arthur Fraizer Galonski
Ghanbari Ginter Grendell Gross
Hall Hicks-Hudson Hillyer Holmes
Hoops Howse Ingram Jarrells
John Johnson Jones Jordan
Kelly Kick Koehler Lampton
Lanese LaRe Leland Lightbody
Liston Loychik Manning McClain
Merrin Miller, A. Miller, J. Miller, K.
Miranda O'Brien Oelslager Pavliga
Plummer Powell Ray Richardson
Riedel Robinson Roemer Russo
Schmidt Seitz Sheehy Skindell
Smith, K. Smith, M. Stein Stephens
Stewart Stoltzfus Swearingen Sweeney
Troy Upchurch Vitale Weinstein
West White Wiggam Wilkin
Young, B. Young, T. Zeltwanger Cupp-92

The Senate amendments were concurred in.

On motion of Representative Ginter, the House adjourned until Thursday, September 30, 2021 at 9:00 o'clock a.m.

Attest: BRADLEY J. YOUNG,

Clerk.