OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 285 Bill Analysis
133rd General Assembly
Click here for H.B. 285’s Fiscal Note
Version: As Passed by the House
Primary Sponsors: Reps. Greenspan and Brent
Effective Date:
Margaret E. Marcy, Attorney
SUMMARY
 Establishes a permanent Driver’s License Reinstatement Fee Debt Reduction and
Amnesty Program to replace the temporary “Reinstatement Fee Amnesty Initiative”
enacted in the 132nd General Assembly.
 As compared to the temporary program, requires the Director of Public Safety to
establish and administer the program, rather than the Registrar of Motor Vehicles.
 Expands the number of people who qualify for a complete waiver of pending
reinstatement fees.
 Requires the Director to identify eligible participants and to send an eligible person an
automatic notice that the person is accepted into the program.
 Specifies that a person is considered a full program participant after completing the first
installment payment or acceptance of proof of indigency.
 Retains an option for a person to apply for the program if that person believes he or she
is eligible, but did not receive the Director’s notice.
 Specifies that any person who receives a reduction or complete waiver of reinstatement
fees is not eligible for a subsequent reduction or complete waiver through the program.
 Requires the Director to make information about the program available on the
Department of Public Safety and Bureau of Motor Vehicle websites and to establish a
toll-free telephone number that a person can call to receive information about the
program and the person’s eligibility for it.
November 12, 2019
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
Driver’s license reinstatement fees
Background
Generally, the Registrar of Motor Vehicles may not reinstate an offender’s suspended
driver’s license or temporary instruction permit until the driver complies with all license
reinstatement conditions, including paying reinstatement fees. If a municipal or county court
determines that a person cannot pay all reinstatement fees at one time, the court may allow
that person to pay the fees through either an installment payment plan or a payment extension
plan.1
During the 132nd General Assembly, a temporary program was created, which was
entitled the “Reinstatement Fee Amnesty Initiative” (Sub. H.B. 336). The program required the
Registrar to reduce or waive license reinstatement fees for applicants whose driver’s licenses or
permits were suspended for eligible offenses and who met certain conditions. The program
expired on July 31, 2019. However, a provision in the main operating budget (Am. Sub. H.B. 166
of the 133rd General Assembly) extended the program, effective October 17, 2019, until
December 31, 2019.
Permanent program
The bill establishes a permanent program called the “Driver’s License Reinstatement Fee
Debt Reduction and Amnesty Program.” Like the temporary program, the permanent program
only applies to a regular driver’s license or permit suspension; it does not apply to a commercial
driver’s license or permit suspension.2 Unlike the temporary program, the permanent program
is established and administered by the full Department of Public Safety, rather than the
Registrar through the Bureau of Motor Vehicles (BMV), which is a branch of the Department. 3
Additionally, rather than having all participants in the permanent program go through
an application process, the Director of Public Safety must identify eligible participants and send
an automatic notice (through regular mail or email) that accepts a person into the program
when all of the following apply:
1. The person’s driver’s license or permit has been suspended for an eligible offense.
2. At least 18 months have expired since the end of the suspension period.
3. The person owes reinstatement fees.4
1
R.C. 4510.10(A) and (B), not in the bill.
2
R.C. 4510.101(A)(5).
3
R.C. 4510.101(B).
4
R.C. 4510.101(F)(1).
P a g e |2 H.B. 285
As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
The Director may search the BMV records or the Office of Vital Statistics records to
verify a person’s last known address, residency, and whether the person is living or deceased
before sending the acceptance notice.5 (See “Acceptance notice,” below for more
information about the notice.)
Reduction
Under the permanent program, a person may qualify for a reduction of pending
reinstatement fees in the same manner as under the temporary program. Specifically, a person
whose driver’s license or permit has been suspended because of a specific listed offense (see
“Eligible offenses,” below) is eligible for a reduction of reinstatement fees if:
1. The person has completed all court-ordered sanctions, other than payment of
reinstatement fees;
2. The offense did not involve alcohol, a drug of abuse, or a deadly weapon; and
3. At least 18 months have passed since the end of the court-ordered suspension.6
If the person owes a reinstatement fee for one eligible offense, the person must pay
50% of the reinstatement fee owed. If the person owes reinstatement fees for multiple eligible
offenses, the person must pay either the lowest reinstatement fee owed or 10% of the total
amount owed – whichever amount is greater.7
The bill specifies that the payment plan for a person with reduced reinstatement fees
must be at least $25 per month. A person may submit payments by regular mail, online, or in-
person at the BMV or a deputy registrar office (but all in-person payments must be
accompanied by the $5 deputy registrar fee).8
Waiver
The permanent program’s qualifications for a complete waiver of pending
reinstatement fees are expanded from the temporary program’s qualifications. Specifically, the
temporary program allowed a complete waiver only for participants in the Supplemental
Nutrition Assistance Program. Under the bill, participants in other low-income assistance
programs qualify as indigent, and such participants are thus eligible for a complete waiver,
rather than just a reduction, of their pending reinstatement fees. A person is considered
indigent if the person participates in one of the following programs:
1. The Supplemental Nutrition Assistance Program (SNAP);
2. The Medicaid Program;
3. The Ohio Works First Program;
5
R.C. 4510.101(F)(3).
6
R.C. 4510.101(C)(1).
7
R.C. 4510.101(D)(1).
8
R.C. 4510.101(E) and 4503.038, not in the bill.
P a g e |3 H.B. 285
As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
4. The Supplemental Security Income Program; or
5. The U.S. Department of Veterans Affairs Pension Benefit Program.9
Under the permanent program, a person whose driver’s license or permit has been
suspended because of a specific listed offense is eligible for a full waiver of the reinstatement
fees if:
1. The person has completed all related court-ordered sanctions, other than the payment
of reinstatement fees;
2. The offense did not involve alcohol, a drug of abuse, or a deadly weapon; and
3. The person demonstrates proof of indigence by providing documentation in a form
approved by the Director.10
The Director must grant the waiver to an eligible participant who submits the proper
documentation for the waiver.11
Limitation on participation
The bill specifies that any person who has received either a reduction or a complete
waiver of reinstatement fees under the program is not eligible for a subsequent reduction or
waiver through the program.12
Acceptance notice
While the notice sent by the Director automatically accepts a person into the program,
the person is not considered a full participant in the program until the person either makes the
first installment payment or the Director accepts the person’s proof of indigence. The
acceptance notice must include all of the following:
1. A statement that the person is accepted into the program and how the person can
become a full participant in the program.
2. A statement listing the total amount of reinstatement fees that are being reduced and
their corresponding eligible offenses.
3. A statement regarding the total amount of reinstatement fees the person owes under
the program, the amount of each installment payment, and the total number of
installment payments.
4. A statement explaining that the person may be eligible for a full waiver of the
reinstatement fees if the person can demonstrate proof of indigence.
9
R.C. 4510.101(A)(6).
10
R.C. 4510.101(C)(2).
11
R.C. 4510.101(D)(2).
12
R.C. 4510.101(D)(3).
P a g e |4 H.B. 285
As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
5. Any other information necessary to explain the program and its requirements, including
a list of the documents required to prove indigence.13
A person who believes he or she is eligible for the program, but who did not receive the
Director’s notice, may still apply to participate in the program either by regular mail, online, or
in-person at the BMV or a deputy registrar office. Any person who applies in-person, however,
must pay the $5 deputy registrar fee.14
Other requirements
The bill requires the Director to conduct a public service announcement about the
program and its requirements, and make that information available on the Department and
BMV’s websites. The Director also must establish a toll-free telephone number that a person
can call in order to find out more information about the program and whether the person is
eligible for it. The Director must include the toll-free telephone number in the public service
announcements. Additionally, the bill authorizes the Director to adopt rules establishing any
additional requirements and procedures necessary to administer and implement the program
permanently.15
Eligible offenses
Below is a list of the eligible offenses and a brief description of each offense:
 Unruly child (R.C. 2151.354);
 Delinquent child (R.C. 2152.19);
 Juvenile traffic offender (R.C. 2152.21);
 Solicitation with a motor vehicle (R.C. 2907.24);
 Theft of gasoline (R.C. 2913.02);
 Incompetence by examination (R.C. 4507.20);
 Operating vehicle without proof of insurance (R.C. 4509.101);
 Failure to pay security deposit, or failure to request a hearing after receiving notice
regarding a motor vehicle accident (R.C. 4509.17);
 Default on a payment that was required by written agreement after a motor vehicle
accident (R.C. 4509.24);
 Nonpayment of a judgment (R.C. 4509.40);
 Repeat traffic offender (R.C. 4510.037);
13
R.C. 4510.101(F)(2).
14
R.C. 4510.101(G) and 4503.038, not in the bill.
15
R.C. 4510.101(H) and (I).
P a g e |5 H.B. 285
As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
 Violation of a municipal ordinance that is substantially similar to a statutory violation
that imposes a suspension (R.C. 4510.05);
 Suspension under the federal Assimilative Crimes Act (R.C. 4510.06);
 Reckless operation (R.C. 4510.15);
 Failure to appear or failure to pay a fine related to specific vehicle-related violations
(R.C. 4510.22);
 Incompetency adjudication (R.C. 4510.23);
 Commission of specific motor vehicle offenses by a minor (R.C. 4510.31);
 Habitual absence from school (R.C. 4510.32);
 Wrongful entrustment of a motor vehicle (R.C. 4511.203);
 Use of an electronic wireless communication device by a minor while driving (R.C.
4511.205);
 Street racing (R.C. 4511.251);
 Failure to stop for a school bus (R.C. 4511.75);
 Failure to stop after an accident (R.C. 4549.02);
 Failure to stop after a nonpublic road accident (R.C. 4549.021); and
 Trafficking in cigarettes or tobacco products with intent to avoid tax, when a motor
vehicle was used in the offense (R.C. 5743.99).16
HISTORY
Action Date
Introduced 06-12-19
Reported, H. Transportation & Public Safety 10-30-19
Passed House (91-1) 11-06-19
H0285-PH-133/ks
16
R.C. 4510.101(A)(1).
P a g e |6 H.B. 285
As Passed by the House