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00:00:01>> THE SENATE WILL COME TO
ORDER.
00:00:11BEFORE WE START WITH OUR PRAYER
AND THE PLEDGE OF ALLEGIANCE I'D
00:00:15LIKE TO RECOGNIZE A FORMER
SENATE MEMBER WHO IS HERE ON THE
00:00:18FLOOR WITH US.
FORMER SENATOR JOHN KASICH.
00:00:20GOVERNOR, WE'VE GOT I GUESS
PASTOR WHO IS GOING TO LEAD US
00:00:36IN PRAYER BUT AFTER WORDS COULD
I OPPOSE UPON YOU TO COME UP AND
00:00:42SAY A FEW WORDS AS WE ENTER THE
HOLIDAY SEASON OF PRAYER AND
00:00:46THANKSGIVING.
PASTOR.
00:00:51>> LET'S PRAY TOGETHER.
GOD, WE ARE GRATEFUL TO BE HERE
00:00:57IN THE GREAT STATE OF OHIO I'M
SO GRATEFUL TO BE HERE WITH
00:01:01THESE MEN AND WOMEN WHO HAVE
CHART OF THE COURSE TO LEAVE
00:01:04THIS GREAT STATE.
WE ARE GRATEFUL WE ARE IN THESE
00:01:06THANKSGIVING AND HOLIDAY
SEASONS.
00:01:09GOD MAY THERE BE AN INCREDIBLE
AMOUNT OF GRACE GIVEN TO ALL.
00:01:14WE UNDERSTAND THIS IS A BUSY
TIME OF YEAR AND THESE MEN AND
00:01:17WOMEN CARRY A GREAT DEAL OF
RESPONSIBILITY IN THE LOCAL
00:01:20TOWNS, AND ACROSS THE GREAT
ESTATE IN THIS COUNTRY.
00:01:24PRAY GOD THAT YOU WOULD GIVE
THEM WISDOM, GIVE THEM INSIDE,
00:01:27GIVE THEM ENDURANCE, GIVE THEM
COURAGE THEY WOULD BOLDLY LEAD
00:01:31THE GREAT PEOPLE OF OHIO WOULD
HUMBLY FOLLOW.
00:01:35WE ARE GRATEFUL FOR HER
LEADERSHIP, WE ARE GRATEFUL FOR
00:01:39YOUR LOVE AND YOUR LAVISH GRACE.
WE DO PRAY.
00:01:44AMEN.
>> I PLEDGE OF ALLEGIANCE TO THE
00:01:52FLAG OF THE UNITED STATES OF
AMERICA AND TO THE REPUBLIC FOR
00:02:03WHICH IT STANDS, ONE NATION
UNDER GOD INDIVISIBLE WITH
00:02:12LIBERTY AND JUSTICE FOR ALL.
>> THANK YOU MR. PRESIDENT.
00:02:20I DON'T KNOW WHY THIS JUST
POPPED IN MY HEAD BUT I FIRST
00:02:25CAME INTO THIS CHAMBER IN 1975.
AS AN AID, I REMEMBER SITTING IN
00:02:34THE BACK AND I HAD ALL THE
SENATORS AT THAT TIME THERE WERE
00:02:39NO AIDS.
IT WAS BOB BLAIR WHO NOW RUNS
00:02:42DAS, MYSELF AND BETTY SQUIGLIA
WHO IS A LAWYER, FOR BRICKER AND
00:02:48ECKLER AND WE WERE THE ONLY AIDS
FOR THE SENATE.
00:02:51IT WAS A REMARKABLE TIME.
AND THEN I DECIDED I WAS GOING
00:02:56TO RUN FOR THE JOB AND I
REMEMBER TELLING BOB BLAIR THAT
00:02:59I WAS GOING TO RUN FOR THE STATE
SENATE AND WE WERE OVER AT
00:03:02MCDONALD'S, IT USED TO BE ON
BROAD STREET.
00:03:07I SAID BOB I THINK I'M GOING TO
RUN FOR THE STATE SENATE.
00:03:09HE WAS DRINKING A COCA-COLA AND
HE DROPPED IT ON THE FLOOR AND
00:03:12HE SAID WHAT ARE YOU TALKING
ABOUT?
00:03:16THIS IS AN INTERESTING STORY.
I WAS COMING OVER HERE KEITH TO
00:03:20DO A FILMING FOR MY CAMPAIGN AND
I SAW MY BUDDY KEITH BROOKS
00:03:25YESTERDAY WE WERE ANNOUNCING OUR
AUTONOMOUS VEHICLE ACTIVITIES.
00:03:30AND THEY WON'T LET ME FILM ON
THE FLOOR.
00:03:35I WAS TOTALLY UNKNOWN I HAD NO
CHANCE OF WINNING AND THEY TRIED
00:03:38TO STOP ME AND I END UP GOING TO
COURT AND GOT ALL THIS PUBLICITY
00:03:42GOT ELECTED.
HERE'S THE THING THAT I REMEMBER
00:03:45FOR SOME REASON WALKING APPEAR.
I REMEMBER STANDING RIGHT HERE
00:03:50AFTER BEING SWORN IN STANDING
THERE WITH MY MOTHER AND MY
00:03:53FATHER.
AND MY SISTER.
00:03:55AND I REMEMBER BEING RIGHT THERE
AND I REMEMBER HOW PHENOMENAL IT
00:04:02WAS TO BE A MEMBER OF THE OHIO
SENATE.
00:04:06HOW GREAT IT WAS.
MY FIRST TWO YEARS SINCE I HAD
00:04:10BEATEN, I WAS IN SIBERIA FOR TWO
YEARS.
00:04:17AND THEN WE WON THE MAJORITY, I
BECAME CHAIRMAN OF THE HEALTH
00:04:22COMMITTEE AND THAT WAS ONE VERN
RIFFE, MY GREAT FRIEND AND, ONE
00:04:26OF THE GREATEST SPEAKERS WE'VE
EVER HAD OVERSAW THE HOUSE AND
00:04:30THAT'S WHEN I HAD TO LEARN TO
WORK WITH DEMOCRATS, IT HAD TO
00:04:35BE THAT WAY BECAUSE WE COULDN'T
GET ANYTHING DONE.
00:04:38IT WAS A GREAT EXPERIENCE HERE
IN THE SENATE AND I ALSO
00:04:41REMEMBER WHEN MY REPUBLICAN
COLLEAGUES WANTED TO RAISE TAXES
00:04:45AND I TOLD HIM I WASN'T GOING TO
VOTE FOR IT AND THEY CALLED ME A
00:04:49RESPONSIBLE AND I WROTE MY FIRST
BUDGET.
00:04:52I DON'T THINK IT GOT ANY VOTES
BUT IT MADE ME FEEL GOOD.
00:04:54BUT IT TAUGHT ME ABOUT THE KEYS
TO THE KINGDOM WHICH IS THE
00:04:57BUDGET.
AND BY THE WAY, LOU I WISH YOU
00:04:59THE BEST.
HOW ABOUT A ROUND OF APPLAUSE
00:05:02FOR LOU GENTILE.
AS A MEMBER OF THIS BODY.
00:05:08SORT OF ALONG THE LINES OF THE
PRAYER THAT WAS SAID EARLIER, I
00:05:16SPENT A LOT OF TIME IN MY LIFE
NOW.
00:05:20ALWAYS TRYING TO DETERMINE MY
PURPOSE.
00:05:26I CAN TELL YOU WHAT MY PURPOSES,
WHAT MAKE AN EFFORT TO DO.
00:05:32MY PURPOSES TO SERVE THE LORD.
MY PURPOSE IS TO TRY TO LIVE A
00:05:38LIFE A LITTLE BIGGER THAN
MYSELF.
00:05:41I FAILED ALL THE TIME.
BUT I THINK I'M MAKING SOME
00:05:48PROGRESS.
AND WHAT DOES IT MEAN TO LIVE A
00:05:52LIFE A LITTLE BIGGER THAN
YOURSELF.
00:05:54IT DOESN'T MEAN WE HAVE TO CLIMB
MOUNT EVEREST OR SCALE GRANT
00:05:58PEAKS OR TURNED WATER INTO WINE.
MAYBE IT'S ABOUT HUMBLING
00:06:04YOURSELF SOMETIMES IT'S THE
LITTLE THINGS THAT YOU CAN DO TO
00:06:09GIVE PEOPLE A LIFT.
AND IN THIS BUSINESS, I WILL
00:06:15ALWAYS TRY TO THINK ABOUT WHAT
IS IT I'M SUPPOSED TO DO.
00:06:21I DON'T TRY TO THINK ABOUT THE
POLITICS OF THIS OR THAT I DON'T
00:06:26CARE WHO'S YELLING OR SCREAMING
OR CLAPPING.
00:06:29BECAUSE I THINK THE CHEERS OF
MEN AND WOMEN ARE THINGS THAT
00:06:34PULL YOU DOWN, DON'T LIFT YOU
UP.
00:06:37MY FOCUS EVEN THIS MORNING, I
READ A GREAT BIBLE COMMENTARY BY
00:06:42A MAN WHO'S BEEN DEAD FOR 150
YEARS AND I LIKE TO READ THE BAD
00:06:47ONES BECAUSE I KNOW THERE'S NO
STORY TO COME.
00:06:50BY THE NAME OF MATTHEW HENRY.
WHERE ARE YOUR EYES FOCUSED?
00:06:56SOME PEOPLE DON'T SUBSCRIBE TO
THIS, THEY ARE HUMANIST AND GOD
00:06:59BLESS THEM.
THEY WANT TO FIX THE LIFE FOR
00:07:01EVERYBODY BUT AS A BELIEVER, AND
THE CREATOR IN THE ALMIGHTY, MY
00:07:08DEDICATION, MY EYES MUST BE ON
HIM.
00:07:13AGAIN, I'M THE FIRST ONE TO TELL
YOU I'M A SCRIBBLE.
00:07:17THAT I AM NOT SUCCESSFUL IN THIS
ENOUGH OF THE TIME.
00:07:24BUT I'M WORKING ON IT.
AND IN OUR JOBS, WE HAVE AN
00:07:27ABILITY TO HELP LIFT PEOPLE.
THE CHILDREN IN SCHOOL, THE
00:07:33UNEMPLOYED, THE DRUG ADDICTED,
AND TO HELP ENTREPRENEURSHIP
00:07:38WORK IN THE STATE BECAUSE PEOPLE
NEED WORK.
00:07:42RIGHT KEITH THEY NEED WORK.
SOMEBODY SAID, I WOULD RATHER
00:07:44LIVE IN A COMMUNITY OF POVERTY
THAN LIVE IN A COMMUNITY WHERE
00:07:48THERE ARE NO JOBS.
BECAUSE JOBS ARE LARGE PART OF
00:07:54WHAT MAKES US WHO WE ARE.
GOOD WORK, BUT I ALSO TELL YOU
00:07:59THAT WHAT I WORRY ABOUT IN OUR
COUNTRY, IS WHAT'S HAPPENING IN
00:08:05OUR FAMILIES AND IN OUR
NEIGHBORHOODS AND IN OUR
00:08:07COMMUNITIES.
ABOUT THE FACT THAT WE ARE NOT
00:08:11AS CONNECTED AS WE OUGHT TO BE.
WE DON'T LISTEN TO ONE ANOTHER
00:08:14ENOUGH THAT WE DON'T FOLLOW THAT
SECOND GREAT COMMANDMENT.
00:08:19LOVE YOUR NEIGHBOR AS YOU LOVE
YOURSELF.
00:08:21OR ANOTHER WAY TO SAY IT IS AN
ABLE YOUR NEIGHBOR AS YOU WOULD
00:08:25WANT YOUR NEIGHBOR TO ENABLE
YOU.
00:08:29SO, WE OUGHT TO THINK ABOUT THE
FACT THAT SOMETIMES WE ARE
00:08:31TOP-DOWN, THE STRENGTH OF OUR
COUNTRY IS BOTTOM UP.
00:08:35AND WE CAN PLAY A VERY BIG ROLE
IN HELPING PEOPLE TO BUILD THEIR
00:08:40COMMUNITIES, TO BUILD THEIR
FAMILIES, WE CAN BE A PART OF IT
00:08:44BY THE KIND OF LEADERSHIP THAT
WE BRING.
00:08:47FOR THE PARTISANSHIP, IT'S OKAY
TO HAVE A DEBATE THAT WE MUST
00:08:52LOVE ONE ANOTHER.
BECAUSE AT THE END OF THE DAY,
00:08:55WHEN WE LOVE ONE ANOTHER, WE GO
UP, NOT DOWN.
00:08:59UP NOT DOWN.
EGO, KICK IT TO THE SIDE AS
00:09:02OFTEN AS OFTEN AS WE POSSIBLY
CAN.
00:09:05AND WHEN WE DO THAT, THE BOARD
SMILES.
00:09:08I WANT TO WISH YOU ALL A HAPPY
HOLIDAY, AND A VERY MERRY
00:09:11CHRISTMAS.
AND THIS IS A GREAT HONOR TO BE
00:09:14HERE WITH ALL THIS MORNING.
I WILL SEE YOU ON CAMPUS.
00:09:18GOD BLESS.
>> FORMER STATE SEN., JOHN
00:09:44KASICH.
THE CLERK WILL READ THE JOURNAL
00:09:46OF THE PREVIOUS DAY.
>> [CLERK READS JOURNAL OF
00:09:57PREVIOUS DAY].
>> THE QUESTION IS, SHALL THE
00:10:06JOURNAL BE AGREED TO, WITHOUT
OBJECTION THE JOURNAL IS AGREED
00:10:09TO.
POINTS OF PERSONAL PRIVILEGE.
00:10:12THE CHAIR RECOGNIZES SENATOR
HITE.
00:10:16>> THANK YOU MR. PRESIDENT AND
MEMBERS I JUST WANT TO INTRODUCE
00:10:20FOR FRIENDS THAT COME FROM THE
BLANCHARD RIVER WATERSHED.
00:10:23WE HAVE JUDY OBRINGER, JANE
MCCLARTY, DICK POLANSKI, AND TIM
00:10:26BERGMAN.
THEY ARE SITTING RIGHT THERE IF
00:10:28YOU WOULD STAND AND BE
RECOGNIZED FOR THE SENATE AND
00:10:30THANK YOU FOR VISITING TODAY.
>> THANK YOU AND WELCOME TO THE
00:10:34SENATE.
CHAIR RECOGNIZES SENATOR
00:10:36HACKETT.
>> THANK YOU MR. PRESIDENT I
00:10:39WANT TO RECOGNIZE A GOOD BUDDY
OF MINE, FORMER MAYOR OF
00:10:42JAMESTOWN DISTRICT, MARK FARRELL
AND HIS DAUGHTER CORA.
00:10:45THANK YOU.
>> WELCOME TO THE SENATE MR.
00:10:52MAYOR.
REPORTS OF REFERENCE AND BILLS
00:10:55FOR SECOND CONSIDERATION.
>> [CLERK READS REFERENCE AND
00:10:57BILLS FOR SECOND CONSIDERATION].
>> THE QUESTION IS, SHALL THE
00:11:00REPORT BE AGREED TO, WITHOUT
OBJECTION, HEARING NO OBJECTION
00:11:02THE REPORT IS AGREED TO.
REPORTS OF STANDING AND SELECT
00:11:04COMMITTEES, SENATOR BACON WITH
TWO REPORTS.
00:11:06>> [CLERK READS REPORTS].
>> SENATOR HITE WITH TWO
00:11:08REPORTS.
>> [CLERK READS REPORTS).
00:11:10>> THE QUESTION IS, SHALL THE
REPORTS BE AGREED TO, WITHOUT
00:11:12OBJECTION, HEARING NO OBJECTION
THE REPORTS ARE AGREED TO.
00:11:14SENATOR FABER WITH AN ADVICE AND
CONSENT REPORT ON ATTORNEY
00:11:17GENERAL'S APPOINTMENT.
>> [CLERK READS REPORTS].
00:11:19>> THE QUESTION IS, SHALL THE
SENATE ADVISE AND CONSENT IN THE
00:11:22APPOINTMENTS OF THE ATTORNEY
GENERAL, THE CLERK WILL CALL THE
00:11:25ROLL PLEASE.
>> [CLERK CALLS ROLL).
00:11:27>> 27 YAYS, ZERO NAYS THE SENATE
DOES ADVISE AND CONSENT TO THE
00:11:36ATTORNEY GENERAL'S APPOINTMENTS.
REPORTS OF STANDING AND SELECT
00:11:46COMMITTEES SENATOR FABER WITH AN
ADVICE AND CONSENT REPORT ON THE
00:11:53GOVERNOR'S APPOINTMENTS.
>> [CLERK READS REPORTS].
00:12:05>> THE QUESTION IS SHALL THE
SENATE ADVISE AND CONSENT IN THE
00:12:10APPOINTMENTS OF THE GOVERNOR?
THE CLERK WILL CALL THE ROLL.
00:12:12>> [CLERK CALLS ROLL].
>> 27 YAYS, ZERO NAYS THE SENATE
00:13:18DOES ADVISE AND CONSENT OF THE
APPOINTMENTS OF THE GOVERNOR ON
00:13:27THE LIST.
BILLS FOR THIRD CONSIDERATION.
00:13:37>> [CLERK READS THE BILLS FOR
THIRD CONSIDERATION].
00:13:43>> THE QUESTION IS, SHALL THE
BILL PASS?
00:13:45THE CHAIR RECOGNIZES SENATOR
EKLUND.
00:15:12>> THANK YOU MR. PRESIDENT AND
MEMBERS OF THE SENATE IN MANY
00:15:15COMMUNITIES AROUND THE STATE OF
OHIO I'M SURE AS YOU KNOW
00:15:18ABANDON, MAKE INSTRUCTORS BEGUN
TO AND CONTINUE TO PROLIFERATE
00:15:24AND BLAKE NEIGHBORHOODS AND
DAMAGE PROPERTY VALUES.
00:15:29THEY HAVE ALSO BECOME ALLURING
LOCATIONS FOR AN ARRAY OF
00:15:34CRIMINAL ACTIVITIES ONE OF WHICH
IS ARSON.
00:15:39WHEN THESE ABANDONED STRUCTURES
ARE TORCHED, AND SOMEONE IS
00:15:44APPREHENDED.
UNDER CURRENT LAW, THE
00:15:47PROSECUTOR MUST PROVE AS PART OF
ITS CASE THAT THE OWNER OF THE
00:15:52STRUCTURE DID NOT CONSENT TO THE
TORCHING OF THE BUILDING.
00:15:57THAT OF COURSE IS AN
EXTRAORDINARILY DIFFICULT THING
00:16:00TO DO WHEN THE BUILDING HAS BEEN
ABANDON AND IS NOT OCCUPIED.
00:16:04BECAUSE THE OWNER IS NOWHERE TO
BE FOUND.
00:16:06SO, THE PROSECUTION, EVEN THOUGH
THEY MIGHT HAVE A GOOD CASE TO
00:16:09PROVE ARSON AGAINST A
PERPETRATOR, IS HANDCUFFED AND
00:16:14UNABLE TO PROVE THE EVIDENCE
NECESSARY TO CONVICT.
00:16:18THIS BILL CORRECTS THAT BY
REMOVING THAT REQUIREMENT THAT
00:16:25THE PROSECUTION PROVE THE OWNER
DID NOT CONSENT IN CASES WHERE
00:16:30THE STRUCTURE WAS NOT AN
OCCUPIED STRUCTURE AS OTHERWISE
00:16:35DEFINED IN THE REVISED CODE.
BUT INSTEAD IN THE CASE OF AN
00:16:39UNOCCUPIED STRUCTURE AS DEFINED,
THE DEFENDANT WOULD STILL HAVE
00:16:46AN AFFIRMATIVE DEFENSE IN OTHER
WORDS IF THE BUILDING WAS
00:16:50ABANDONED UNOCCUPIED,
PROSECUTION PROVE ALL THE
00:16:53ELEMENTS OF A CRIME IF THE
DEFENDANT CAN PROVE
00:16:58AFFIRMATIVELY THAT THE OWNER
CONSENTED TO THE BURNING THEN
00:17:02THE CONVICTION WOULD NOT LIVE.
IT'S A FLIPPING OF THE BURDEN OF
00:17:06PROOF ON THE QUESTION ON WHETHER
THE OWNER OF A VACANT UNOCCUPIED
00:17:10BUILDING CONSENTED IN STRICTLY
AN ARSON CASE.
00:17:15SINCE WE HOPE, THAT THIS BILL
WOULD ENHANCE THE ABILITY OF
00:17:20PROSECUTORS TO GET CONVICTIONS
FOR ARSON, AND THEREBY SEND MORE
00:17:24PEOPLE TO PRISON, THE COMMITTEE
BELIEVES IT WAS A RATHER
00:17:28OPPORTUNE PLACE TO INSERT
ANOTHER PROVISION THAT WOULD
00:17:31AUTHORIZE THE DEPARTMENT OF
REHABILITATION AND CORRECTIONS
00:17:34TO CONTRACT WITH THE OWNERS AND
MANAGERS OF PRIVATE PRISON
00:17:38FACILITIES TO TRANSFER OHIO
PRISONERS TO THOSE PRIVATE
00:17:44FACILITIES.
WE HAVE THIS ARISE IN A
00:17:47SITUATION THAT EXISTS NOW IN
MAHONING VALLEY WHERE IT PRISONS
00:17:51THEY ARE PRIVATELY OWNED AND
OPERATED PRISON, LOST A FEDERAL
00:17:55CONTRACT, THEY WERE HOUSING
FEDERAL PRISONERS THERE.
00:17:57LOST THE FEDERAL CONTRACT TO AN
OUTFIT IN PENNSYLVANIA AND NOW
00:18:00HAS SOMEWHERE BETWEEN 1000 AND
1500 BEDS VACANT GOING ON USE.
00:18:05AND IT WOULD BE VERY HELPFUL TO
REDUCE OR WORK TOWARDS REDUCING
00:18:11THE DENSITY OF THE POPULATION IN
OUR PRESENCE IF THE DRC COULD
00:18:15MOVE SOME PRISONERS OUT OF DRC
FACILITIES INTO THOSE VACANT
00:18:19BEDS.
WE HAVE INSERTED A PROVISION OF
00:18:23THIS BILL INTO THIS BILL THAT
WOULD ALLOW FOR THAT.
00:18:27IT IS A GOOD BILL FROM A
CRIMINAL JUSTICE STANDPOINT TO
00:18:30HELP THE PROSECUTORS AND TO
ENHANCE THEIR ABILITY TO
00:18:33PROSECUTE THESE ARSONIST, AND IS
ALSO GOOD BILL FROM A STANDPOINT
00:18:37OF PRISON SAFETY, THE SAFETY OF
NOT ONLY PRISONERS BUT ALSO THE
00:18:41PERSONNEL WHO WORK IN OUR
PRISONS AND I URGE YOUR SUPPORT
00:18:44FOR THE BILL.
>> THE QUESTION IS: SHALL THE
00:18:50BILL PASS?
THE CHAIR RECOGNIZES SENATOR
00:18:54THOMAS FOR AN AMENDMENT.
>> THANK YOU MR. PRESIDENT I
00:19:02MOVED TO AMEND.
>> THE AMENDMENT IS A.M.
00:19:073187.
AM I CORRECT SENATOR THOMAS?
00:19:10>> THAT'S CORRECT.
THANK YOU.
00:19:12I MOVED TO AMEND A.M.
3187.
00:19:17>> THE AMENDMENT IS IN ORDER
PLEASE DESCRIBE THE AMENDMENT
00:19:22BRIEFLY.
>> MR. CHAIRMAN AND MEMBERS OF
00:19:26THE SENATE THIS AMENDMENT
DELETES A PROVISION THAT WAS
00:19:32ADDED REGARDING PLACEMENT OF DRC
INMATES IN PRIVATE FACILITY THAT
00:19:38ALLOWS THE DIRECTOR OF DRC TO
WAIVE THE 5% COST SAVINGS
00:19:41REQUIREMENT FOR PRIVATE
FACILITIES IF THE DIRECTOR
00:19:44DETERMINES PLACING OF DRC
INMATES IN A PRIVATE FACILITY
00:19:47WOULD HAVE A POSITIVE EFFECT ON
REDUCING INMATE POPULATION
00:19:51DENSITY.
THERE HAVE BEEN DISCUSSIONS WITH
00:19:54SEVERAL INDIVIDUALS INCLUDING
THE DRC AND HE FINDS NO REASON
00:20:00TO OBJECT TO THIS AMENDMENT.
>> IS THERE A SECOND TO THE
00:20:06AMENDMENT?
CHAIR RECOGNIZES SENATOR EKLUND,
00:20:09WITHOUT OBJECTION, OBJECTION ON
THE AMENDMENT.
00:20:14THE QUESTION IS, SHALL THE
AMENDMENT BECOME PART OF THE
00:20:16BILL?
THE CLERK WILL CALL THE ROLL.
00:20:19>> [CLERK CALLS ROLL].
>> 2048, THREE NAYS THE
00:21:46AMENDMENT DOES BECOME PART OF
THE BILL.
00:21:49THE QUESTION IS: SHALL THE BILL
PASS?
00:21:51THE CHAIR RECOGNIZES SENATOR
SKINDELL.
00:21:56>> THANK YOU MR. PRESIDENT
PERMISSION TO SPEAK TO THE BILL.
00:21:59>> PLEASE PROCEED.
>> THANK YOU LADIES AND
00:22:01GENTLEMEN OF THE SENATE I RISE
TO DISCUSS MY VOTE ON SUBSTITUTE
00:22:05HOUSE BILL NUMBER 185.
I STRONGLY SUPPORT THE ARSON
00:22:10PROVISIONS IN THIS I WILL BE
VOTING AGAINST THIS BILL THE
00:22:13HOWEVER, BECAUSE I HAVE A
CONCERN THAT THE LANGUAGE THAT
00:22:16REMAINS IN THIS BILL WILL LEAD
TO AN INCREASE OF PRISONERS AND
00:22:20PRIVATE PRISONS.
NUMBER TWO, I ALSO HAVE A
00:22:23CONCERN OF THE SINGLE SUBJECT
RULE.
00:22:26OUR CONSTITUTIONAL
RESPONSIBILITY IS TO MAKE SURE
00:22:28BILLS ARE PASSED AND A SINGLE
SUBJECT.
00:22:30HERE WE ARE DEALING WITH ARSON
AND NOW WE'RE ADDING SOMETHING
00:22:33IN PRISON.
YOU CAN SAY IT'S ALL CRIMINALLY
00:22:35RELATED, HOWEVER I THINK IT
RISES SOME QUESTIONS WITHIN
00:22:39SINGLE SUBJECT.
AND FINALLY, THE THING THAT I
00:22:43MOST CONCERNED ABOUT IN THIS
BILL IS A LITTLE TALK TO A
00:22:46PROVISION THAT WILL ALLOW
OUT-OF-STATE PRISONERS TO COME
00:22:51TO OHIO AND BE HOUSE IN OHIO.
I THINK WE HAVE REACHED CAPACITY
00:22:55AND OUR PRISONS ARE READY, WE
SHOULD NOT BE OPENING THE DOORS
00:22:58PARTICULARLY IN PRIVATE PRISONS
TO ACCEPT OUT-OF-STATE
00:23:02PRISONERS.
FOR THOSE REASONS, I WILL BE
00:23:05VOTING AGAINST THIS BILL.
THANK YOU.
00:23:10>> THE QUESTION IS: SHALL THE
BILL PASS?
00:23:12SENATOR EKLUND I HAVE YOUR LIGHT
LIT UP.
00:23:16>> THANK YOU MR. PRESIDENT AND
NOT TO BELABOR THE POINT.
00:23:19BUT, I REPEAT, THIS IS PLAINLY
WITHIN THE SINGLE SUBJECT RULE
00:23:25BECAUSE WE PASS A BILL DEALING
WITH ARSON THAT IS LIKELY TO
00:23:28INCREASE THE NEVER-ENDING PARADE
OF PEOPLE INTO INCARCERATION AND
00:23:36DRC FACILITIES HERE, INCREASING
THE DENSITY, AND THE PROVISION
00:23:39THAT THE GENTLEMAN REFERRED TO
IS DESIGNED TO ALLEVIATE TO SOME
00:23:42DEGREE THAT DENSITY.
NUMBER ONE.
00:23:44NUMBER TWO, THERE IS NOTHING IN
THE BILL THAT AUTHORIZES
00:23:46OUT-OF-STATE PRISONERS TO COME
INTO OHIO AND THE IMPRISONED
00:23:48HERE IN OHIO.
THE PROVISION THAT THE GENTLEMAN
00:23:51REFERRED TO ME BELIEVE, SIMPLY
SAYS THAT IF THE PRISON IN WHICH
00:23:55THESE OHIO PEOPLE WOULD BE
TRANSFERRED TO ALREADY CONTAINS
00:24:08FEDERAL PRISONERS THAT THERE
MUST BE ASSURANCES THAT THOSE
00:24:14PRISONERS ARE MAINTAINED
PHYSICALLY AND OPERATIONALLY
00:24:18SEPARATE FROM THE OHIO
POPULATION THAT GOES IN THERE AS
00:24:22WELL.
SO, IT DOES NOT INCREASE THE
00:24:25FLOW OF OUT-OF-STATE PRISONERS
INTO THE STATE OF OHIO.
00:24:30I URGE SUPPORT OF THE BILL.
>> THE QUESTION IS: SHALL THE
00:24:46BILL PASS?
THE CLERK CALL THE ROLL PLEASE.
00:25:39>> [CLERK CALLS ROLL].
>> 25 YAYS, ONE NAY THE BILL IS
00:25:41PASSED AND ENTITLED.
26, THE BILL IS PASSED AND
00:25:45ENTITLED.
>> [CLERK READS TITLE].
00:26:01>> THE QUESTION IS, SHALL THE
TITLE BE AGREED TO?
00:26:06HEARING NO OBJECTION, THE TITLE
IS AGREED TO.
00:26:08THE CHAIR RECOGNIZES SENATOR
EKLUND.
00:26:10>> THANK YOU MR. PRESIDENT
PLEASE AMEND THE TITLE TO ADD
00:26:12THE NAMES EKLUND, HACKETT, HITE,
UECKER, THANK YOU.
00:26:16AND THOMAS.
>> WITHOUT OBJECTION, HEARING NO
00:26:21OBJECTION THE TITLE IS AGREED
TO.
00:26:24>> BILLS FOR THIRD
CONSIDERATION.
00:26:26>> [CLERK READS THE BILLS].
>> THE QUESTION IS: SHALL THE
00:26:28BILL PASS?
CHAIR RECOGNIZES SENATOR OBHOF.
00:26:30>> THANK YOU MR. PRESIDENT I
MOVE THAT HOUSE BILL 470 BE
00:26:32INFORMALLY PASSED AND RETAIN HIS
PLACE IN THE CALENDAR.
00:26:35>> WITHOUT OBJECTION, HEARING NO
OBJECTION THE MOTION IS AGREED
00:26:38TO.
BILLS FOR THIRD CONSIDERATION.
00:26:40>> [CLERK READS BILLS FOR THIRD
CONSIDERATION].
00:26:42>> THE QUESTION IS: SHALL THE
BILL PASS?
00:26:44CHAIR RECOGNIZES SENATOR LAROSE.
>> THANK YOU MR. PRESIDENT, WE
00:26:47HAVE ALL BECOME PAINFULLY AWARE
OF HOW DEADLY HEROIN IS IN OUR
00:27:20COMMUNITIES.
ITS IMPACTED ALL OF US.
00:27:23ITS IMPACTED SOME OF US
PERSONALLY IN OUR FAMILIES.
00:27:26ITS IMPACTED OUR NEIGHBORS AND
OUR CONSTITUENTS.
00:27:30AS DEADLY AS HEROIN IS, THERES
SOMETHING RELATIVELY NEW ON THE
00:27:36SCENE WITHIN THE LAST COUPLE
YEARS THATS EVEN MORE DEADLY.
00:27:40FENTANYL AND CARFENTANIL ARE
KILLING OHIOANS IN RECORD
00:27:46NUMBERS.
ITS NOT AN OVERSTATEMENT TO
00:27:49CALL IT AN EPIDEMIC.
THIS STUFF IS LETHAL, DEADLY,
00:27:56AND OUR CONSTITUENTS WANT US TO
ADDRESS THIS SCOURGE ON OUR
00:28:01COMMUNITIES.
THE WAY TO ADDRESS THIS IS
00:28:04MANY-FOLD, TREATMENT IS SO
IMPORTANT AND WE NEED TO BE
00:28:09FOCUSING ON THAT.
THIS BILL IS JUST ONE PART OF
00:28:15ADDRESSING THIS ISSUE.
ILL FREELY ADMIT THAT THIS BILL
00:28:20IS JUST A MODEST PART IN
ADDRESSING THIS ISSUE BUT
00:28:23IMPORTANT NONETHELESS.
THIS BILL, QUITE SIMPLY, MAKES
00:28:28SURE THAT WE CAN APPROPRIATELY
HANDLE THOSE INDIVIDUALS WHO ARE
00:28:34TRAFFICKING THIS POISON IN OUR
COMMUNITIES.
00:28:39NOW I THINK WE ALL SHARE THE
BELIEF THAT ADDICTS DESERVE
00:28:44TREATMENT AND TRAFFICKERS
DESERVE PRISON.
00:28:48AND THIS BILL COMPLIES WITH THAT
VERY CONCEPT.
00:28:52VERY CAREFULLY WRITTEN WITH THE
HELP OF SEVERAL INDIVIDUALS FROM
00:28:57FOLKS IN THE ADMINISTRATION,
DRC, EXPERTS OF ALL KINDS TO
00:29:03MAKE SURE WE GOT THAT RIGHT.
BUT HERES THE CRUX OF IT - THIS
00:29:07FENTANYL AND CARFENTANIL STUFF
IS UNUSUALLY DEADLY.
00:29:11VERY SMALL QUANTITIES OF
FENTANYL AND EVEN SMALLER
00:29:15QUANTITIES OF CARFENTANIL ARE
EXTREMELY LETHAL.
00:29:20IN FACT, LAW ENFORCEMENT
OFFICERS ARE BEING ADVISED IF
00:29:24THEY BELIEVE THAT THEY ARE
ENCOUNTERING THIS ON SCENE, TO
00:29:29GET AWAY FROM IT, TO TREAT IT
LIKE A HAZMAT AND TO CALL IN THE
00:29:33PROFESSIONALS BECAUSE IT CAN BE
DEADLY TO THE LAW ENFORCEMENT
00:29:37OFFICERS IN QUESTION.
THIS IS NASTY STUFF.
00:29:41ITS BEEN REPORTED THAT
CARFENTANIL, WHICH IS A LARGE
00:29:46ANIMAL TRANQUILIZER BASICALLY,
THIS IS WHAT YOU WOULD USE TO
00:29:48PUT AN ELEPHANT DOWN FOR
SURGERY, ITS BEEN REPORTED THAT
00:29:52CARFENTANIL HAS BEEN DEPLOYED AS
A CHEMICAL WEAPON IN USE BY
00:29:58CERTAIN TERRORIST ORGANIZATIONS.
THIS IS NASTY STUFF.
00:30:03VERY SMALL QUANTITIES OF IT ARE
DEADLY.
00:30:07THE CRUX TO THE BILL WAS TO
REDEFINE WHAT CONSTITUTES AS A
00:30:12BULK QUANTITY.
MANY TIMES, IN THE CODE WE USE
00:30:15THAT TO DISTINGUISH BETWEEN WHO
IS A TRAFFICKER AND WHO IS A
00:30:18COMMON USER.
THE BULK QUANTITY.
00:30:20IF YOURE CARRYING AROUND A
BUNCH OF THE STUFF, YOURE NOT A
00:30:23USER, YOURE A TRAFFICKER.
THE QUANTITY IN CURRENT LAW IS A
00:30:28RIDICULOUS AMOUNT.
ITS ENOUGH FENTANYL TO KILL
00:30:31TENS OF THOUSANDS OF PEOPLE.
NO ONE IS WALKING AROUND WITH
00:30:34THAT LEVEL OF FENTANYL.
SO, WHAT THIS BILL DOES IS
00:30:39REDEFINES DOWN THE BULK
QUANTITY.
00:30:42FENTANYL IS A DRUG THATS USED
AND VERY USEFUL IN SURGERY.
00:30:48WHEN USED IN A CLINICAL SETTING,
IT CAN BE HELPFUL BUT ITS A
00:30:55VERY POWERFUL SYNTHETIC OPIATE.
FENTANYL IS 30-50 TIMES MORE
00:31:01POTENT THAN HEROIN.
30-50 TIMES AND THEN CARFENTANIL
00:31:04MORES.
WE ALL KNOW THAT THIS HAS BEEN
00:31:08KILLING A LOT OF OUR FELLOW
OHIOANS.
00:31:11IN 2015, THERE WAS A SHARP RISE
IN THESE DEATHS PER A REPORT
00:31:16ISSUED BY THE OHIO DEPARTMENT OF
HEALTH, THE RISE IN
00:31:19FENTANYL-RELATED DEATHS
INCREASED FROM 84 IN 2013 TO 503
00:31:22IN 2014 AND IT ROSE TO 1,155 IN
2015 AND I CAN TELL YOU FROM
00:31:30HAVING CONVERSATIONS WITH SOME
PROFESSIONALS THEY BELIEVE
00:31:34THATS LARGELY UNDERREPORTED
BECAUSE IN MANY CASES, WHEN THE
00:31:42COUNTY CORONER GETS THE BODY
BROUGHT TO THEM, THEY SAY ITS A
00:31:46HEROIN DEATH.
THEY SORT OF TAKE IT FOR
00:31:50GRANTED, THIS BODY WAS FOUND IN
SUCH A CIRCUMSTANCE THERE WAS A
00:31:55NEEDLE OR SOMETHING ELSE, THEY
CLASSIFY IT AS A HEROIN DEATH
00:31:59AND THEY MAY NOT BE TESTING FOR
WHETHER FENTANYL IS INVOLVED AS
00:32:03WELL.
THIS MAY BE VASTLY
00:32:05UNDERREPORTED.
SUFFICE IT TO SAY, ITS KILLING
00:32:09A LOT OF OUR FELLOW OHIOANS.
YOULL RECOGNIZE THAT NUMBER IS
00:32:12HIGHER THAN CAR CRASHES.
MORE OHIOANS ARE DYING FROM THIS
00:32:16STUFF THAN FROM AUTO ACCIDENTS.
THIS BILL WOULD SIMPLY ALLOW US
00:32:22TO GO AFTER TRAFFICKERS WITH A
HIGHER LEVEL OF FELONY
00:32:27CONVICTION, WHICH CARRIES A
LONGER SENTENCE.
00:32:30THERE ARE MANDATORY PRISON TERMS
WITH THIS, BUT ALSO LEFT TO THE
00:32:34DISCRETION OF THE JUDGE, AND
THATS SOMETHING THAT I THINK IS
00:32:39IMPORTANT.
THERES A MANDATORY PRISON TERM
00:32:43BETWEEN 3 AND 8 YEARS FOR A DRUG
POSSESSION OR AGGRAVATED FUNDING
00:32:47OF DRUG TRAFFICKING CONVICTION,
WHEN THE DRUG INVOLVED IS A
00:32:52FENTANYL-RELATED COMPOUND, WHICH
WOULD INCLUDE BOTH FENTANYL AND
00:32:57CARFENTANIL, AND THE OFFENDER IS
CONVICTED OF A MAJOR DRUG
00:33:04SPECIFICATION.
I THINK WEVE REACHED THE RIGHT
00:33:07BALANCE IN THIS, AND AGAIN IT
WAS A VERY CAREFULLY CRAFTED
00:33:09PIECE OF LEGISLATION TO MAKE
SURE TO DO THAT.
00:33:11ONE THING THAT WE ALSO ADDED IN
THIS AS A RESULT OF CONVERSATION
00:33:15WITH SOME FOLKS IS THAT WE TOOK
THIS OPPORTUNITY TO HARMONIZE
00:33:19STATE LAW WITH FEDERAL LAW
REGARDING A SUBSTANCE CALLED
00:33:25LISDEXAMFETAMINE.
THIS SUBSTANCE IS USED IN THE
00:33:28TREATMENT OF ADHD.
THIS BILL WOULD MAKE SURE THAT
00:33:30STATE LAW IS MIRRORED WITH
FEDERAL LAW AS IT RELATES TO
00:33:34THAT.
I WANT TO THANK THOSE FOLKS THAT
00:33:37WORKED WITH ME ON THIS.
THIS WAS BROUGHT TO ME BY THE
00:33:44WAYNE COUNTY PROSECUTOR.
HE BROUGHT IT TO MY ATTENTION
00:33:50SEVERAL YEARS AGO, BEFORE MANY
OF US HAD HEARD OF FENTANYL.
00:33:53AND I APPRECIATE THIS HELP ON
THAT, AS WELL AS THE FOLKS FROM
00:33:56THE OHIO PROSECUTING ATTORNEYS
ASSOCIATION AND INDIVIDUALS FROM
00:33:59THE ADMINISTRATION.
I WANT TO THANK CHAIRMAN EKLUND
00:34:01AND THE MEMBERS OF THE CRIMINAL
JUSTICE COMMITTEE ALSO FOR THEIR
00:34:04HELP ON THIS.
SEN.
00:34:06EKLUND PUT A GREAT DEAL OF WORK
INTO THIS AND I APPRECIATE HIS
00:34:08HELP WITH THAT AS WELL AS SEN.
SEITZ.
00:34:10THE BILL WAS REPORTED TODAY OUT
OF COMMITTEE ON A VOTE OF 7-3,
00:34:21AND I URGE YOUR SUPPORT AND LOOK
FORWARD TO WORKING WITH YOU TO
00:34:25TAKE THIS SMALL STEP IN
ADDRESSING THIS CRISIS THAT IS
00:34:28TAKING FAR TOO MANY OF OUR
OHIOANS.
00:34:34>> THE QUESTION IS: SHALL THE
BILL PASS?
00:34:36THE CHAIR RECOGNIZES SENATOR
SKINDELL.
00:34:38>> THANK YOU MR. PRESIDENT AND
LADIES AND GENTLEMEN OF THE
00:34:41SENATE.
I RISE IN OPPOSITION TO THIS
00:34:44BILL.
JUST A FEW MINUTES AGO, AND THE
00:34:48DISCUSSION PERTAINING TO ONE OF
THE BILL WE HEARD THE GOOD
00:34:51SENATOR FROM THE 18TH SENATE
DISTRICT TALK ABOUT THE
00:34:54NEVER-ENDING PARADE OF OHIOANS
GOING INTO PRISONS IN THE STATE.
00:35:00IN FACT, LATE SPRING THE HEAD OF
DRC NOTED TO THE PRESS THAT BY
00:35:08EARLY SUMMER WE WERE BREAKING
THE RECORD FOR RECORD FOR PRISON
00:35:15POPULATION IN THE STATE.
WE HAVE ONE OF THE HIGHEST IN
00:35:19THE COUNTRY.
AND THE CLEAR MAJORITY OF THOSE
00:35:21PRISONERS, THE SIGNIFICANT
PORTION OF THEM ARE FOLKS THAT
00:35:23HAVE BEEN SWEPT UP INTO PRISON
BECAUSE OF OUR DRUG LAWS.
00:35:25AND SOME OF THEM HAVE BEEN VERY
UNFAIR AND WE KNOW THAT IT
00:35:27SIGNIFICANTLY JAILS MANY OUR
AFRICAN-AMERICAN COMMUNITY IN
00:35:31THE STATE.
NOW, I BELIEVE THAT THE SENATOR
00:35:45FROM THE 27TH DISTRICT HAS GOOD
INTENTIONS AND REALLY IS TRYING
00:35:50TO GO AFTER THOSE HEAVY
TRAFFICKERS IN THIS BILL.
00:35:53AND I BELIEVE THAT HE IS
COMMITTED TO THAT EFFORT.
00:35:55HOWEVER, THE TESTIMONY THAT CAME
OUT OF THE COMMITTEE IS VERY
00:35:58CONCERNING TO ME THOUGH THAT
THIS BILL NOT ONLY SWEEPS UP
00:36:00THOSE HEAVY TRAFFICKERS BUT IT
WILL SWEEP UP A LOT OF USERS.
00:36:02LOW LEVEL USERS.
AND I DO AGREE THAT THIS IS A
00:36:04DEADLY DRUG WE NEED TO DEAL WITH
SOMETHING, IT'S NOT OPENING THE
00:36:07PRISON DOORS IT SHOULD BE
OPENING TREATMENT BEDS AND THAT
00:36:09SOMETHING WE ARE FAILING TO DO
HORRIBLY IN THE STATE, EVEN
00:36:11THOUGH WE ON THIS SIDE OF THE
AISLE HAVE BROUGHT FORWARD AN
00:36:13AMENDMENT AFTER AMENDMENT TO ADD
FUNDING TO OPEN THOSE TREATMENT
00:36:35BEDS AND THEY HAVE BEEN
REJECTED.
00:36:37NOW, INSTEAD OF AND THE CONCERN
THAT CAME OUT OF COMMITTEE IS
00:36:43ONE, THERE IS A RECODIFICATION
COMMITTEE THAT HAS BEEN MEETING.
00:36:46IN THE TESTIMONY, HAS BEEN THAT
THE LANGUAGE IN THIS AND
00:36:48LANGUAGE OF THIS BILL FLIES
AGAINST THE WORK OF THE
00:36:50RECODIFICATION COMMITTEE IN THIS
AREA TO PREVENT LOW LEVEL USERS
00:36:53FROM ENDING UP IN JAIL UNDER
THESE DRUG LAWS.
00:36:55IN ADDITION, THE TESTIMONY THAT
CAME OUT OF COMMITTEE ALSO
00:36:57DEMONSTRATED THAT THE LOW-LEVEL
USERS, SO IS A TRAFFICKING IF
00:37:00YOU ARE PARTING WITH SOMEBODY
AND YOU SHARE WITH THE BUDDY?
00:37:12THIS MAY SWEEP THOSE TWO
INDIVIDUALS UP INTO PRISON UNDER
00:37:23THIS BILL.
I BELIEVE THAT WE SHOULD GO
00:37:27AFTER THE HEAVY USERS, WE SHOULD
MAKE SURE THE PENALTIES ARE JUST
00:37:32IN THE SITUATIONS AND TRY TO
STOP THE TRAFFICKING.
00:37:35HOWEVER, WE ARE NOT GOING TO
BREAK THE CYCLE UNTIL WE GET
00:37:39TREATMENT IN THE STATE AND THE
CYCLE IS GETTING WORSE.
00:37:43AND I'VE SPOKEN MANY TIMES ABOUT
DRUG TREATMENT AND THE
00:37:46UNDERFUNDING OF DRUG TREATMENT
IN THE STATE AND THAT'S WHERE WE
00:37:50NEED TO BE FOCUSED, MONEY FOR
TREATMENT, NOT MONEY FOR JAILS.
00:37:54THANK YOU.
>> THE QUESTION IS: SHALL THE
00:37:56BILL PASS?
THE CHAIR RECOGNIZES SENATOR
00:37:59BURKE.
>> THANK YOU MR. PRESIDENT I
00:38:01JUST RISE TO REMIND MY FRIENDS
AND COLLEAGUES THAT THIS BODY
00:38:06HAS MADE GREAT STRIDES IN
TREATMENT.
00:38:09THE INTEGRATION OF BEHAVIORAL
HEALTH AND ADDICTION SERVICES IN
00:38:12THE MAINSTREAM HEALTHCARE WILL
ALLOW FOR AXIS THAT IS NOT BEEN
00:38:15SEEN IN DECADES IN THIS GREAT
STATE.
00:38:18SO, WHILE SOME MAY MAKE AND
ARGUE THAT THIS IS A FUNDING
00:38:22ISSUE I WOULD ARGUE VERY MUCH
THAT IT IS AN ALLOCATION AND
00:38:26PROCESS ISSUE BECAUSE NO MATTER
HOW MUCH MONEY YOU PUT INTO A
00:38:30PROBLEM, WHEN SOMEONE CANNOT
FIND A SPECIALIST OR PROVIDER TO
00:38:34TREAT THEM, MONEY IS IRRELEVANT.
AND THIS BODY IS SOLVING THAT
00:38:39DILEMMA.
SECONDLY IN SUPPORT OF THE BILL
00:38:42AND MY FRIEND SENATOR LAROSE,
FENTANYL IS A DEADLY SUBSTANCE
00:38:47MEASURED IN MICROGRAMS, IT IS
NOT BEING PLACED INTO THE
00:38:50PRODUCT AT THE STREET LEVEL, BUT
BY ILLICIT MANUFACTURERS IN
00:38:54MEXICO.
NOW IF WE DON'T GIVE LAW
00:38:57ENFORCEMENT THE POWER TO
DIFFERENTIATE THAT PRODUCT FROM
00:39:00HERE ON, WHICH I BELIEVE IS
KILLING MORE PEOPLE IN OUR STATE
00:39:04THAN HEROIN, THEN HOW DO WE WORK
OUR WAY BACK UP THE SUPPLY
00:39:07CHAIN?
BECAUSE IDLE THREATS TO MY
00:39:10COLLEAGUES POINT DON'T WORK.
I WANT THE BIG GUYS IN JAIL, NOT
00:39:14THE LITTLE GUYS JUST LIKE YOU.
AND IF I DON'T GIVE LAW
00:39:17ENFORCEMENT THE ABILITY TO
PURSUE THIS SINGLE PRODUCT,
00:39:20WHICH IS CAUSING DEATH ON A
MASSIVE SCALE, I DON'T KNOW
00:39:23WHERE YOU START.
THANK YOU, MR. PRESIDENT.
00:39:28>> THE QUESTION IS: SHALL THE
BILL PASS?
00:39:30THE CHAIR RECOGNIZES SENATOR
THOMAS.
00:39:32>> THANK YOU MR. PRESIDENT.
I SHARE SENATOR LAROSES CONCERN
00:39:39AND INTEREST IN TRYING TO
ADDRESS THE PROBLEM AND GOING
00:39:43AFTER THE DEALERS AND
TRAFFICKERS.
00:39:45THIS REMINDS ME THOUGH OF DURING
MY TIME AS A NARCOTICS
00:39:48INVESTIGATOR DURING THE CRACK
EPIDEMIC.
00:39:50AND THE SAME TYPE OF ARGUMENT
OCCURRED BACK THEN.
00:39:52AND IT WAS SORT OF A WAR ON
DRUGS.
00:39:54AND THAT WE WOULD PASS VERY
STRICT LAWS GOVERNING POSSESSION
00:39:57OF CRACK AND GOING AFTER THE
DEALERS AND THINGS OF THAT
00:39:59NATURE AND THAT WOULD RESOLVE
THE PROBLEM.
00:40:11BUT IT WAS THE EXACT OPPOSITE IT
CREATED MUCH MORE OF A PROBLEM
00:40:23SIMPLY BECAUSE AS MY FRIEND
SENATOR SKINDELL SAID, YOU DO
00:40:30SWEEP UP A LOT OF INDIVIDUALS
WHO ARE BASICALLY USERS AND END
00:40:36UP IN THE SYSTEM.
IN THIS CASE, BASED ON MANDATORY
00:40:41SENTENCING LAWS, THESE
INDIVIDUALS WOULD BE, THE JUDGES
00:40:47WOULD HAVE NO DISCRETION OTHER
THAN GIVING THE PERSON THREE
00:40:52YEARS WHICH IS THE LEAST
DISCRETION THAT THE JUDGE WOULD
00:40:55HAVE.
I WANT TO SUPPORT THE
00:41:00LEGISLATION BUT WHEN I LOOK AT
HOW IT ALSO INVOLVES OTHER TYPES
00:41:07OF DRUGS, I EVEN SEE MARIJUANA
AS A CHANGE RELATES TO MARIJUANA
00:41:12POSSESSION CULTIVATION OF
MARIJUANA AND THINGS OF THAT
00:41:14NATURE THAT'S HOW IT'S GETTING
CAUGHT UP IN WHAT MY FRIEND
00:41:20SENATOR LAROSE IS ATTEMPTING TO
ACCOMPLISH.
00:41:24THAT'S ONE OF MY BIGGEST
CONCERNS IS HOW DO WE FASHION A
00:41:29BILL THAT'S NOT GOING TO CAST
SUCH A WIDE NET AND OTHER DRUG
00:41:35OFFENSES?
WHICH IS GOING TO SWELL OUR
00:41:37PRISONS EVEN MORE.
AND MY FRIEND INDICATED THAT
00:41:41WE'RE TRYING TO GET AWAY FROM
LAWS THAT ARE GOING TO SEND MORE
00:41:47PEOPLE TO PRISON THAT SHOULD BE
GETTING TREATMENT.
00:41:52OUR DRUG PROBLEM IS NOT A
CRIMINAL PROBLEM.
00:41:54IT'S A HEALTH ISSUE.
I'D BE THE FIRST ONE TO SAY YES
00:42:01LOCK UP THE ONES THAT ARE CAUGHT
WITH THE FENTANYL THAT ARE
00:42:06TRAFFICKERS.
BUT THERE ARE SO MANY BECAUSE OF
00:42:11THEIR ILLNESS, BECAUSE OF THE
ADDICTION, THEY WILL HAVE
00:42:17FENTANYL IN THEIR POSSESSION
BASED ON THE AMOUNT THAT WILL
00:42:26PUSH THEM OVER THE THRESHOLD.
THAT AMOUNT IS SO MINIMAL THAT
00:42:31IT WILL SWEEP UP A TREMENDOUS
AMOUNT OF OTHER FOLKS.
00:42:35I CAN SUPPORT IT NOW, BUT I
REALLY THINK THAT AS WE MOVE
00:42:41FORWARD THAT THERE WILL BE
UNINTENDED CONSEQUENCES AND
00:42:44MAYBE WE CAN AMEND THE BILL AT
SOME POINT TO DO EXACTLY WHAT
00:42:48SENATOR LAROSE IS ATTEMPTING TO
DO WITHOUT ADDING A TREMENDOUS
00:42:52AMOUNT OF ADDITIONAL PRESSURE TO
OUR PRISON SYSTEM WHICH IS GOING
00:42:57TO PUT PRESSURE ON THE STATE
BUDGET.
00:43:00THANK YOU.
>> THE QUESTION IS: SHALL THE
00:43:02BILL PASS?
THE CHAIR RECOGNIZES SENATOR
00:43:04EKLUND.
>> THANK YOU MR. PRESIDENT AND
00:43:06LET ME JUST ASSURE ALL YOUR
NUMBER ONE, THAT THIS BILL WAS
00:43:12DEVELOPED TOGETHER WITH OUR DEAR
FRIENDS AND PROFESSIONALS AT THE
00:43:17DEPARTMENT OF REHABILITATION AND
CORRECTION.
00:43:20THEY HAD FINGERPRINTS ALL OVER
THIS BECAUSE WE WERE VERY
00:43:24CONCERNED FROM THE BEGINNING
THAT THE BILL NOT CREATE A
00:43:28PROJECTION THAT A SIGNIFICANT
NUMBER OF NEW ENTRANCES INTO THE
00:43:33PRISON SYSTEM WOULD RESULT.
WE DID NOT WANT THAT TO HAPPEN.
00:43:37AND DRC WHICH HAS EVERY
INCENTIVE TO COUNSEL WITH US TO
00:43:42SEE THAT THAT DOESN'T HAPPEN
UNNECESSARILY WAS RIGHT WITH US,
00:43:46STEP BY STEP OF THE WAY ON THIS
BILL NUMBER ONE.
00:43:50NUMBER TWO, THIS NOTION THAT
THIS BILL IN THE AMOUNTS PUT
00:43:57FORTH AS CONSTITUTING
TRAFFICKING WILL SOMEHOW SWEEP
00:44:02UP LOW LEVEL USERS, LOW-LEVEL
PROFESSORS WHO WERE ALL THE
00:44:07PEOPLE WHO ARE REALLY BUSTING
THE PRISONS OPEN, OR BUSTING
00:44:12THEM AT THEIR SCENES.
THESE LOW-LEVEL NONVIOLENT
00:44:15OFFENDERS.
I WOULD SAY THAT THE SPONSOR
00:44:19EXTENDED HIMSELF SUBSTANTIALLY
IN THE MATTER BY REACHING OUT TO
00:44:25THE CASE WESTERN RESERVE
UNIVERSITY, CONSULTING WITH THE
00:44:28EXPERTS THERE WHO STUDY AND KNOW
WHAT THEY'RE TALKING ABOUT.
00:44:33WHEN IT COMES TO HOW MUCH OF A
SUBSTANCE IS LIKELY TO BE FOUND
00:44:38IN THE POSITION OF A DRUG
ADDICT, HOW MUCH IS LIKELY TO BE
00:44:42FOUND IN THE POSITION OF A USER
WHO IS SIMPLY SELLING TO FEED
00:44:46HIS OWN HABIT, AND HOW MUCH IS
LIKELY TO BE IN THE POSSESSION
00:44:50OF A TRAFFICKER.
AND WE FOUND FROM THAT EVIDENCE
00:44:56THAT'S PART OF THE WAY IN WHICH
WE SETTLED UPON THE AMOUNT THAT
00:44:59THE SPONSOR HAS DESCRIBED HERE
IN THIS BILL.
00:45:02SO, ALL THESE CONCERNS THAT ARE
EPHEMERAL AND UNPROVEN NOT ONLY
00:45:08ARE IN EPHEMERAL AND UNPROVEN IN
MY JUDGMENT BUT THE SPONSOR DID
00:45:13A TREMENDOUS JOB OF ANTICIPATING
THEM AND CRAFTING THE BILL IN
00:45:16SUCH A WAY AS TO AVOID THEM.
I CONTINUE TO URGE YOUR SUPPORT
00:45:20FOR THE BILL.
>> THE QUESTION IS: SHALL THE
00:45:23BILL PASS?
THE CHAIR RECOGNIZES SENATOR
00:45:25PATTON.
>> THANK YOU MR. PRESIDENT I
00:45:27DON'T OFTEN RISE.
I ALSO THINK THAT THE SPONSORS
00:45:32AND SUPPORTERS OF THE BILL DO A
FAIR JOB.
00:45:37AND I OFTEN RESPECT THE FACT
THAT THE FOLKS WROTE THE BILL
00:45:41GET UP AND VERY ARTFULLY WILL
DESCRIBE THEIR OBJECTIONS AND
00:45:46THEIR CONCERNS.
AND I RESPECT BOTH COMMENTS FROM
00:45:49SENATORS THOMAS AND SENATOR
SKINDELL.
00:45:54I WAS STRUCK BY THE MOTION THAT
WHEN I HEARD THE WORD THAT THE
00:45:58DRUG PROBLEM IS NOT A CRIMINAL
PROBLEM.
00:46:01THAT SENTENCE WAS MADE THAT
CAUSE ME TO HIT MY LIGHT.
00:46:04FOR THE FIRST TIME IN A LONG
TIME.
00:46:08THE DRUG PROBLEM IS A CRIMINAL
PROBLEM.
00:46:10I'M AFRAID THAT I MUST STRONGLY
DISAGREE.
00:46:13AND I RESPECT SENATOR THOMAS
SPENT TIME IN THE NARCOTICS
00:46:17UNIT.
I HAD ONE OF MY BROTHERS WHO LED
00:46:20THE CARIBBEAN GANG TASK FORCE,
IN CLEVELAND FOR FIVE YEARS.
00:46:25I OFTEN ASKED HIM, HOW ARE WE
DOING IN THE WORLD DRUGS AND HIS
00:46:29RESPONSE WAS, DON'T ASK.
IT'S NOT GOOD.
00:46:32IT CONTINUES TO BE A GROWING
PROBLEM, WHO WOULD'VE THOUGHT
00:46:35BACK WHEN WE WERE DEALING WITH
THAT SAME CRACK PROBLEM THAT
00:46:38SENATOR THOMAS ALLUDED TO THAT
ONE DAY CRACK WOULD BE A MINOR
00:46:44ISSUE COMPARED TO THE HEROIN
EPIDEMIC AND NOW BY THE FENTANYL
00:46:48ISSUE.
I ALSO WANT TO APPLAUD SENATOR
00:46:52SEITZ, YEARS AGO, WHEN WE SAT
DOWN AND LOOKED AT THE PRISON
00:46:56REFORM, WE REDUCED THE AMOUNT OF
TIME SERVED FOR CRACK COCAINE AS
00:47:01AN EXAMPLE.
WE LOWERED IT TO THE POINT WHERE
00:47:04IT WOULD BE THE SAME OR
IDENTICAL TO THE MUCH LOWER
00:47:07CHARGE OF COCAINE OR THE COCAINE
THAT WAS CONSIDERED MORE OF THE
00:47:12URBAN VS.
SUBURBAN RATHER AN URBAN DRUG.
00:47:15AND WE DID SOME OTHER CHANGES
TRYING TO REDUCE THE PRISON
00:47:18POPULATION AND WE DID.
WE TOOK IT FROM 52 TO 48,000
00:47:22VIRTUALLY OVERNIGHT.
BUT AT THE END OF THE DAY OUR
00:47:26RESPONSIBILITY TO THE PEOPLE OF
THE STATE OF OHIO IS TO TAKE
00:47:29THEM OUT OF DANGER, AND TO TAKE
DANGEROUS DRUGS NOW ADDED TO BY
00:47:33THIS HORRIBLE ADDITIVE I WILL
CALL IT THIS FENTANYL, AND WE
00:47:38JUST CAN'T SAY WELL WE CAN DO
THIS BECAUSE WE'RE GOING TO GET
00:47:41MORE PEOPLE IN PRISON.
FOLKS, IS THAT THE PRICE WE PAY,
00:47:46IF THAT THE PRICE OF THE WE ARE
ASKED TO PAY, I'M SURE THE
00:47:49PEOPLE OF THE STATE OF OHIO
WOULD EXPECT FRANKLY DEMAND WE
00:47:53PAY THAT PRICE.
THEY WANT THESE PEOPLE AS I SAY
00:47:57RESPECT ALL THE OPINIONS GIVEN
HERE TODAY BUT FOLKS I STAND
00:48:00STRONGLY IN SUPPORT OF THIS BILL
AND I URGE YOU TO RECONSIDER AND
00:48:04DO THE SAME.
>> THE QUESTION IS: SHALL THE
00:48:07BILL PASS?
THE CHAIR RECOGNIZES SENATOR
00:48:10JONES.
>> THANK YOU MR. PRESIDENT.
00:48:12I WON'T BELABOR THE POINT, THE
DEBATE I THINK HAS BEEN A GOOD
00:48:16ONE AND I JUST WANT TO ADD THAT
I TRULY RESPECT AND UNDERSTAND
00:48:23THE PERSPECTIVE THAT IS RAISED
BY MY DEMOCRATIC COLLEAGUES.
00:48:29AND WE CAN CERTAINLY LOOK
TOWARDS OUR PAST AND SOME OF OUR
00:48:34CRIMINAL SENTENCING AND SO THE
VIEWING PERSPECTIVE THAT YOU
00:48:38BRING TO THIS IS CERTAINLY
VALIANT AND UNDERSTANDABLE.
00:48:42BUT I'M RISING TODAY TO SAY THAT
IT IS PRECISELY FOR THOSE
00:48:47ADDICTS THAT I'M IN SUPPORT OF
THE BILL TODAY.
00:48:50BECAUSE, THIS IS DEADLY POISON
THAT ADDICTS THEMSELVES DON'T
00:48:57WANT, DON'T KNOW AND
INADVERTENTLY ARE CONSUMING AND
00:49:01IT IS KILLING THEM.
AND SO, FOR ME, WHO HAS SAT WITH
00:49:09AND COUNSELED AND CRIED WITH AND
PRAYED WITH, THE PARENTS OF WHO
00:49:15HAVE LOST CHILDREN TO THIS
EPIDEMIC, WHO HAVE LEARNED THAT
00:49:23WHILE THEY WERE ADDICTS AND WILL
UNABLE TO BE SUCCESSFUL IN
00:49:27TREATMENT OR ACCESSING TREATMENT
INADVERTENTLY CONSUMED WHAT THEY
00:49:32THOUGHT WAS HEROIN, BUT WAS
LATER DETERMINED WAS LACED WITH
00:49:38UNBELIEVABLE DEADLY POISON.
IT IS FOR THOSE ADDICTS FOR
00:49:40WHICH I AM CONCERNED.
THIS IS NOT A SENTENCING ISSUE
00:49:42LIKE THE ONES THAT WE'VE SEEN IN
THE PAST.
00:49:45COLLEAGUES HERE ON BOTH SIDES OF
THE AISLE HAVE WORKED
00:49:48TREMENDOUSLY TO TRY TO DEAL WITH
SOME OF THE SENTENCING CONCERNS.
00:49:52SENATOR SEITZ HAS BEEN IN THE
FOREFRONT OF MUCH OF THAT WORK.
00:49:54BUT IT IS I ASSURE YOU THAT IT
IS WITH THAT SAME HARD AND SAME
00:50:12VIEW THAT I AM SUPPORTING THIS
BECAUSE AS MUCH IS ADDICTS DON'T
00:50:22WANT TO BE ADDICTS, THEY DON'T
WANT TO DIE.
00:50:26AND IF WE DON'T DO SOMETHING TO
STOP THE SUPPLY CHAIN, BY
00:50:35NARROWLY TARGETING THOSE WHO ARE
KNOWINGLY, WILLINGLY, PREYING
00:50:43UPON THE ADDICTS, THEN WE ARE
FAILING AND MY VIEW TO PROTECT
00:50:51THE LEAST AMONG US, THE MOST
VULNERABLE, THOSE VERY ADDICTS
00:50:55THAT WE'RE TRYING TO HELP.
AND SO, IT'S WITH THAT RESPECT
00:51:01FOR THE DIFFERING VIEWPOINT, BUT
A UNIFICATION UPON THE COMMON
00:51:08PURPOSE TO PROTECT WAY TOO MANY
VULNERABLE OHIOANS TO ENSURE
00:51:16THAT WE CAN CONTINUE TO FIGHT
WHAT SEEMS TO BE A LOSING
00:51:21BATTLE.
SO, THANK YOU MR. PRESIDENT FOR
00:51:24YOUR INDULGENCE.
>> THE QUESTION IS: SHALL THE
00:51:28BILL PASS?
THE CHAIR RECOGNIZES SENATOR
00:51:30SEITZ.
>> THANK YOU MR. PRESIDENT.
00:51:33I GENERALLY OPPOSE MANDATORY
MINIMUMS.
00:51:36I GENERALLY OPPOSE INCREASED AND
ENHANCED SENSING.
00:51:39AND I GENERALLY OPPOSE OR I
GENERALLY BELIEVE THAT THE WAR
00:51:45ON DRUGS HAS NOT BEEN A SUCCESS.
HOWEVER, I RISE TO GIVE MY
00:51:52FRIENDS ON THE OTHER SIDE OF THE
AISLE A LITTLE BIT OF TRUE
00:51:56GENTLEMANLY, FRIENDLY ADVICE.
THIS IS A KILLER DRUG.
00:52:06YOUR NUMBERS ARE DIMINISHED FROM
24 23 10 24 NINE.
00:52:16IT WOULD BE A BIG MISTAKE FOR
YOU TO VOTE AGAINST A BILL THAT
00:52:24DEALS WITH THE MOST POISONOUS
SUBSTANCE KNOWN TO MAN AND
00:52:29DRUGS.
AND SENATOR LAROSE, AND SENATOR
00:52:33EKLUND HAVE WORKED TOGETHER WITH
ME TO MAKE THIS BILL A LITTLE
00:52:38SOFTER TO REDUCE THE EXTENT OF
THE MANDATORY MINIMUM.
00:52:43THIS IS A KILLER DRUG.
SO, MY ADVICE, TAKE IT OR LEAVE
00:52:49IT, APROPOS OF THE SPIRIT OF OUR
GOVERNOR THAT GAVE THOSE
00:52:52ELOQUENT REMARKS AT THE
BEGINNING OF OUR SESSION, IT
00:52:55WOULD BE A BIG MISTAKE FOR YOU
GUYS TO VOTE NO ON THIS BILL.
00:53:01I JUST CAN'T FATHOM THAT YOU
WOULD.
00:53:04THIS IS SERIOUS STOP.
AND THE BILL HAS BEEN NARROWLY
00:53:10CRAFTED TO DEAL WITH SOMETHING
THAT WE'RE TALKING ABOUT
00:53:14ELEPHANT TRANQUILIZERS FOLKS.
THERE PUTTING ELEPHANT
00:53:19TRANQUILIZERS, THERE PUTTING
ELEPHANT TRANQUILIZERS AND
00:53:23HEROIN.
NOW HEROIN WILL KILL YOU BUT
00:53:26WHEN YOU MIX THAT WITH AN
ELEPHANT TRANQUILIZER, YOU ARE
00:53:28DEADER THAN A DOORNAIL.
AND SOMETHING MUST BE DONE ABOUT
00:53:34IT.
SO, I APPLAUD MY FRIEND, FROM
00:53:36THE AKRON AREA FOR HIS
LEADERSHIP, THE GOVERNOR'S
00:53:41PEOPLE, DRC, NOBODY CARES MORE
ABOUT OVERCROWDING IN PRISONS
00:53:45THAN DRC, THEY ARE FOR THIS
BILL.
00:53:48HONESTLY, JUST A LITTLE FRIENDLY
ADVICE IN THE SPIRIT OF
00:53:52CHRISTMAS, I THINK A LOT OF VOTE
YES.
00:53:56THANK YOU.
>> THE QUESTION IS: SHALL THE
00:53:58BILL PASS?
THE CHAIR RECOGNIZES SENATOR
00:54:00THOMAS.
BRIEFLY.
00:54:02SECOND TIME.
>> I'M SORRY.
00:54:07THANK YOU.
MY ADVICE OBVIOUSLY IS WE'VE GOT
00:54:12TO PUT MORE MONEY INTO
TREATMENT.
00:54:15THAT'S WHERE THE MATTER IS.
WE CAN ALSO PUT MORE MONEY INTO
00:54:20LAW ENFORCEMENT AT THE LOCAL
LEVEL IF WE REALLY WANT TO BE
00:54:23SERIOUS ABOUT ADDRESSING THE
PROBLEM.
00:54:26SO, I ACCEPT YOUR ADVICE, BUT I
ALSO WANT TO GIVE YOU SOME
00:54:31ADVICE.
AND THAT IS LET'S FOCUS ON
00:54:34PUTTING MORE MONEY INTO
TREATMENT, LET'S PUT MORE MONEY
00:54:37INTO LAW ENFORCEMENT.
SO, WE CAN REALLY ADDRESS THE
00:54:41PROBLEM.
THANK YOU.
00:54:45>> THE QUESTION IS: SHALL THE
BILL PASS?
00:54:47THE CHAIR RECOGNIZES SENATOR
LAROSE, BRIEFLY.
00:54:49SECOND TIME.
>> THANK YOU MR. PRESIDENT, VERY
00:54:52BRIEFLY.
AGAIN, THE IMPORTANT TOPIC AND
00:54:54WE CAN GO ON AWFULLY BUT WE WILL
NOT.
00:54:57IT WAS RAISED BY ONE OF OUR GOOD
COLLEAGUES THE IDEA THAT SOMEHOW
00:55:01THIS BILL, 200+ PAGES OF IT
IMPACT MARIJUANA, NOT SURE THERE
00:55:06IS NOTHING MARIJUANA RELATED IN
THIS.
00:55:08I THINK THAT WAS AN HONEST
MISTAKE.
00:55:10THAT ONE OF OUR COLLEAGUES MADE
MENTION A MARIJUANA.
00:55:13NOTHING IN THIS BILL PERTAINS TO
MARIJUANA.
00:55:16ALSO, IT WAS SAID THAT THIS BILL
WOULD ALLOW A MINIMAL AMOUNT OF
00:55:19SENTINEL TO BE USED TO
CONSTITUTE A MAJOR DRUG CRIME
00:55:23AND THEREBY SWEEP IN A USER
INSTEAD OF A TRAFFICKER.
00:55:27AND I MUST HONESTLY DISAGREE.
THIS IS A DRUG THAT THE LETHAL
00:55:32DOSE OF IT IS MEASURED IN
MICROGRAMS.
00:55:36MICROGRAMS.
YOU MUST RISE TO MANY GRAMS IN
00:55:40THIS BILL BEFORE THERE IS A
PRESUMPTION OF PRISON TIME OR A
00:55:43MAJOR DRUG OFFENSE.
THE INDIVIDUAL USER WOULD HAVE
00:55:47TO HAVE ENOUGH OF THE STUFF TO
KILL THEMSELVES MANY TIMES OVER
00:55:51AND ALL THEIR FRIENDS TO BE A
MAJOR DRUG OFFENDER UNDER THIS
00:55:55BILL.
MICROGRAMS IS A FEW GRAINS OF
00:55:58SAND, IMAGINE A TINY QUANTITY
TWO OR THREE GRAINS OF SAND.
00:56:03MICROGRAMS.
TO BE A MAJOR DRUG OFFENDER
00:56:06UNDER THIS BILL YOU WOULD HAVE
TO HAVE MANY GRAMS WHICH IS
00:56:09AGAIN A LETHAL DOSE, MANY TIMES
OVER.
00:56:13THANK YOU, MR. PRESIDENT I,
APPRECIATE THE OPPORTUNITY TO
00:56:15CLARIFY THAT.
>> THE QUESTION IS: SHALL THE
00:56:17BILL PASS?
THE CLERK WILL CALL THE ROLL
00:56:19PLEASE.
>> [CLERK CALLS ROLL].
00:56:21>> 25 YAYS, TWO NAYS, THE BILL
IS PASSED AND ENTITLED.
00:56:23>> [CLERK READS TITLE].
>> THE QUESTION IS SHALL THE
00:56:25TITLE BE AGREED TO?
THE CHAIR RECOGNIZES SENATOR
00:56:27LAROSE.
>> THANK YOU MR. PRESIDENT.
00:56:29PLEASE MOVE TO AMEND THE TITLE
TO INCLUDE THE NAMES BEAGLE,
00:56:31GARDNER, HITE, HOTTINGER,
HUGHES, JONES, MANNING,
00:56:33OELSLAGER, PATTON, PETERSON,
SEITZ, UECKER, BACON, BALDERSON,
00:56:36THANK YOU MR. PRESIDENT.
>> SENATOR TAVARES ALSO WISHES
00:56:38TO REMOVE HER NAME PURSUANT TO
CORRESPONDENCE PRESENTED AT
00:56:40SENATE PRESIDENT.
WITHOUT OBJECTION, ADD THE NAME
00:56:42FABER.
WITHOUT OBJECTION, THE TITLE
00:56:44AMENDMENTS INCLUDING THE REMOVAL
OF SENATOR TAVARES'S NAME ARE
00:56:47AGREED TO.
HEARING NO OBJECTION, THE TITLE
00:56:49IS AGREED TO.
>> BILLS FOR THIRD
00:56:51CONSIDERATION.
>> [CLERK READS THE BILL].
00:56:53>> THE QUESTION IS: SHALL THE
BILL PASS?
00:56:55CHAIR RECOGNIZES SENATOR SEITZ.
>> THANK YOU VERY MUCH MR.
00:56:57PRESIDENT THIS IS VERY SIMPLE
BILL, IT ALLOWS PEOPLE WHO WORK
00:56:59FOR A CASINO TO PLAY AT A CASINO
THAT IS NOT UNDER COMMON
00:57:02OWNERSHIP WITH THE CASINO FOR
WHICH THEY WORK.
00:57:04CURRENTLY, UNDER OHIO LAW PEOPLE
WHO WORK FOR A RACINOS KNOW CAN
00:57:07PLAY AT ANOTHER RACINOS, NOT
UNDER COMMON OWNERSHIP.
00:57:09THE CASINO LAW DOES NOT READ
THAT WAY WE ARE CHANGING WANT TO
00:57:12MAKE THE CASINO LAW READ LIKE
THE RACINOS A LAW.
00:57:14THE BILL CAME TO ME FROM A
CONSTITUENT, IT'S ALWAYS NICE TO
00:57:17DO SOMETHING FOR CONSTITUENT AND
I KNOW SENATOR HITE IS A BIG
00:57:20BELIEVER IN THAT.
THIS CAME TO ME FROM A
00:57:22CONSTITUENT.
THE CASINO CONTROL COMMISSION
00:57:24SUPPORTS THE BILL.
IT HAD NO OPPOSITION TESTIMONY
00:57:26IT PASSED OUT OF COMMITTEE
UNANIMOUSLY.
00:57:28I WOULD URGE ARE FAVORABLE
CONSIDERATION OF SENATE BILL
00:57:30265.
SO, THE FOLKS AT THE CASINOS CAN
00:57:33HAVE THE SAME RIGHT AT THE FOLKS
WHO WORK AT RACINOS.
00:57:36>> THE QUESTION IS: SHALL THE
BILL PASS?
00:57:38THE CLERK WILL CALL THE ROLL.
>> [CLERK CALLS ROLL].
00:57:40>> 27 YAYS, ZERO NAYS, THE BILL
IS PASSED AND ENTITLED.
00:57:42>> [CLERK READS THE TITLE
CLOSER.
00:57:44>> THE QUESTION IS, SHALL THE
TITLE BE AGREED TO?
00:57:46THE CHAIR RECOGNIZES SENATOR
SEITZ.
00:57:48>> THANK YOU MR. PRESIDENT
PLEASE AMEND THE TITLE TO ADD
00:57:50THE NAMES JORDAN, PATTON,
SKINDELL, EKLUND, THANK YOU.
00:57:52>> WITHOUT OBJECTION, HEARING NO
OBJECTION THE TITLE IS AGREED
00:57:55TO.
BILLS FOR THIRD CONSIDERATION.
00:57:57>> [CLERK READS THE BILL].
>> THANK YOU MR. PRESIDENT,
00:57:59MEMBERS I WILL BE BRIEF.
I RISE TODAY IN SUPPORT OF
00:58:01SENATE BILL 271 AND URGE MY
COLLEAGUES TO PASSES.
00:58:03MANY OF YOU MAY RECALL BACK IN
FEBRUARY THERE WAS AN INCIDENT
01:01:39REGARDING OFFICER HICKEY IN
MARIETTA AND HAS CANINE AJAX,
01:01:44THE TWO WERE GOING TO BE
SEPARATED BECAUSE THE LAW WAS
01:01:48NOT CLEAR IN OHIO.
IT WAS CLEAR WHEN THE CANINE
01:01:52UNIT WAS GOING TO THIS BAND BUT
IT IS NOT CLEAR IF THE OFFICER
01:01:55WERE TO RETIRE WHETHER THAT
OFFICER COULD PURCHASE THE
01:02:00CANINE AND AS PART OF.
AND IT BECAME EVIDENT, WE WORK
01:02:04CLOSELY WITH THE CITY THE POLICE
DEPARTMENT THERE LOCALLY, WE
01:02:08WERE CLOSE WITH LSC AND WE
CONCLUDED AND CLARIFICATION THAT
01:02:13STATE LAW WAS NECESSARY TO MAKE
SURE THAT IN THE FUTURE
01:02:17DEPARTMENTS WOULD HAVE TO GO
THROUGH THE SAME ISSUE AGAIN
01:02:19BECAME A WORLDWIDE NATIONAL
ISSUE.
01:02:22OUR BILL SIMPLY ESTABLISHES A
WAY FOR RETURNING OFFICER TO
01:02:25PURCHASE HIS OR HER CANINE
PARTNER AT FAIR MARKET VALUE,
01:02:29WITH THE APPROVAL FROM THE LOCAL
LAW ENFORCEMENT AGENCY AND UNDER
01:02:34CONTINUE THE LAW THE OFFICER CAN
STILL PURCHASE HIS OR HER
01:02:37RETIRING CANINE FOR A DOLLAR.
BUT THE CODE IS SILENT ON
01:02:40WHETHER IF THE OFFICER IS
RETIRING THERE THEY CAN DO THAT
01:02:44SO WE WANT TO BRING SOME CLARITY
TO THE LAW.
01:02:48WE WANT TO ESTABLISH A LAW THAT
ALLOWS DOGS, AND THEIR CANAAN
01:02:52PARTNERS TO STAY TOGETHER UPON
RETIREMENT.
01:02:55AND WE ALSO RESPECT THE FACT
THAT A LOT OF MONEY GOES INTO
01:02:58PURCHASING AND TRAINING THESE
CANINE UNITS AND IN THE EVENT
01:03:03THE OFFICER IS TO RETIRE, THE
DEPARTMENT CHOOSES THEN SELL THE
01:03:07ANIMAL THEY CAN DO SO AT A FAIR
MARKET VALUE.
01:03:10AND SO, WHILE THE STORY HAD A
HAPPY ENDING, WE WANT TO MAKE
01:03:13SURE THAT WE PREVENT THIS ISSUE
FROM COMING UP AGAIN.
01:03:17AND YESTERDAY WE HEARD TESTIMONY
FROM THE OFFICER MATT FROM
01:03:20MARIETTA WHO CAME FORWARD TO
TALK ABOUT HIS SITUATION AND WE
01:03:24BELIEVE THIS LAW ADEQUATELY
ADDRESSES THIS ISSUE IN ANY
01:03:28EVENT IT COMES UP IN THE FUTURE,
WE WILL HAVE A WAY TO ADDRESS
01:03:31IT.
I THINK THIS GETS IT
01:03:34ACCOMPLISHING WHAT WE WANT TO DO
KEEPING THE OFFICER AND THE CAME
01:03:38IN TOGETHER.
AND MAKING SURE THAT THE CITY OR
01:03:41THE POLICE DEPARTMENT IS MADE
WHOLE FOR THE INVESTMENT THAT
01:03:44THEY HAD AND THE TAXPAYER
DOLLARS ARE PRUDENTLY REIMBURSE.
01:03:47I WOULD URGE MY COLLEAGUES TO
VOTE IN FAVOR OF THIS, IT PASSED
01:03:51UNANIMOUSLY OUT OF COMMITTEE, I
WANT TO THANK CHAIRMAN HITE FOR
01:03:54MAKING A COMMITMENT TO ME AND
MADE TO GET THIS DONE WHEN WE
01:03:59RETURNED FOR SESSION HERE IN THE
LAME-DUCK SESSION.
01:04:02IT'S A GOOD BILL, IT WILL KEEP
CANINE OFFICERS TOGETHER WITH
01:04:06THEIR CANINE UNITS IN THE
FUTURE.
01:04:09AND WILL CLARIFY OHIO LAW TO
ALLOW THEM TO BE ABLE TO DO THIS
01:04:13AND KEEP THE LOCAL LAW
ENFORCEMENT ON THE FRONT LINES
01:04:16AND MAKING THE DECISION TO DO
THAT.
01:04:19I URGE PASSAGE OF THIS
LEGISLATION.
01:04:21THANK YOU.
>> THE QUESTION IS: SHALL THE
01:04:23BILL PASS AS AN EMERGENCY
MEASURE.
01:04:25SHALL THE EMERGENCY CLAUSE
REMAIN PART OF THE BILL?
01:04:27CLERK WILL CALL THE ROLL.
ON THE EMERGENCY CLAUSE.
01:04:29>> [CLERK CALLS ROLL].
>> 26 YAYS, ONE NAY THE
01:04:31EMERGENCY CLAUSE DOES REMAIN
PART OF THE BILL, THE QUESTION
01:04:33IS: SHALL THE BILL PASS AS AN
EMERGENCY MEASURE?
01:04:35THE CLERK WILL CALL THE ROLL.
>> [CLERK CALLS ROLL].
01:05:13>> 27 YAYS ZERO NAYS, THE BILL
IS PASSED AND ENTITLED AS AN
01:05:18EMERGENCY MEASURE.
>> [CLERK READS THE BILL].
01:05:21>> THE QUESTION IS, SHALL THE
TITLE BE AGREED TO?
01:05:24THE CHAIR RECOGNIZES SENATOR
GENTILE.
01:05:28>> THANK YOU MR. PRESIDENT
PLEASE ADD THE NAMES BROWN,
01:05:34BURKE, EKLUND, HACKETT, HITE,
HOTTINGER, HUGHES, MANNING,
01:05:38PATTON, SCHIAVONI, SKINDELL,
THOMAS, PETERSON, OBHOF, UECKER,
01:05:42OELSLAGER, COLEY, FABER.
THANK YOU, MR. PRESIDENT.
01:05:47>> WITHOUT OBJECTION, HEARING NO
OBJECTION THE TITLE IS AGREED
01:05:53TO.
MOTIONS.
01:05:55CHAIR RECOGNIZES SENATOR MANNING
FOR A MOTION.
01:05:59>> THANK YOU MR. PRESIDENT MOVE
THAT THE SENATORS ABSENT THE
01:06:05WEEK OF SUNDAY, NOVEMBER 27,
2016 IS EXCUSED SO LONG AS A
01:06:11WRITTEN EXPLANATION IS ON FILE
WITH THE CLERK PURSUANT TO
01:06:14SENATE RULE 17.
>> WITHOUT OBJECTION, HEARING NO
01:06:17OBJECTION THE MOTION IS AGREED
TO.
01:06:19OFFERING RESOLUTIONS.
THE QUESTION IS SHALL THE
01:06:21RESOLUTIONS LISTED ON THE
PRESIDENT'S PREROGATIVE BE
01:06:23ADOPTED?
WITHOUT OBJECTION, HEARING NO
01:06:25OBJECTION THE RESOLUTION IS
ADOPTED.
01:06:27MESSAGE FROM THE HOUSE.
>> [CLERK READS MESSAGE FROM THE
01:06:32HOUSE].
>> MESSAGE FROM THE HOUSE.
01:06:38>> [CLERK READS MESSAGE FROM THE
HOUSE].
01:06:46>> MESSAGE FROM THE HOUSE.
>> [CLERK READS MESSAGE FROM THE
01:06:56HOUSE].
>> MESSAGE FROM THE HOUSE.
01:07:03>> CLERK READS MESSAGE FROM THE
HOUSE.
01:07:05>> MESSAGE FROM THE PRESIDENT.
>> [CLERK READS MESSAGE FROM THE
01:07:29PRESIDENT].
>> MESSAGE FROM THE PRESIDENT.
01:07:31>> [CLERK READS MESSAGE FROM THE
PRESIDENT].
01:07:54>> MESSAGE FROM THE PRESIDENT.
>> [CLERK READS MESSAGE FROM THE
01:07:57PRESIDENT].
>> ANNOUNCEMENT OF COMMITTEE
01:07:59MEETINGS.
CHAIR RECOGNIZES SENATOR OBHOF
01:08:01FOR A MOTION.
>> THANK YOU MR. PRESIDENT I
01:08:03MOVE THAT THE SENATE ADJOURN
UNTIL MONDAY, DECEMBER 5, 2016
01:08:05AT 9:30 AM FOR A PURPOSE OF A
NONVOTING SESSION.
01:08:21>> THE QUESTION IS, SHALL THE
MOTION BE AGREED TO, WITHOUT
01:08:45OBJECTION, HEARING NO OBJECTION
THE MOTION IS AGREED TO.
01:08:47THE SENATE IS AN ADJOURNMENT.
Note : Transcripts are compiled from uncorrected captions