OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 37 Bill Analysis
135th General Assembly
Click here for S.B. 37’s Fiscal Note
Version: As Passed by the Senate
Primary Sponsors: Sens. Blessing and Ingram
Effective Date:
Margaret E. Marcy, Attorney
SUMMARY
Driver’s license suspensions
Drug offenses
Removes the possible penalty of a driver’s license suspension for a drug abuse offense,
unless the offense occurs under the same circumstances as an OVI-offense or the
offense relates to causing others to use, manufacture, or traffic a drug of abuse and the
offender used a vehicle to further the commission of the offense.
Authorizes any person whose license currently is suspended for a drug offense that no
longer carries a driver’s license suspension to apply to have the suspension removed.
Failure to pay a court fine or appear
Eliminates the driver’s license suspension for failure to pay a court fine or fee.
Eliminates the option of submitting a valid and unexpired driver’s license, in lieu of bail
or another form of security, as a guarantee that the licensee will appear in court.
Specifies that a person can enter into a payment plan with the clerk of court in order to
avoid an arrest warrant for failure to appear or failure to pay a fine.
Requires, rather than authorizes as under current law, a court to issue a supplemental
citation to a person who fails to appear in court, and delays issuance of a summons or
arrest warrant by the court for failure to appear until 30 days after the supplemental
citation is issued.
Authorizes the supplemental citation to be sent through electronic means to the
offender.
Requires the Registrar of Motor Vehicles to automatically remove any driver’s license
suspensions or motor vehicle registration suspensions imposed by the Registrar for
failure to pay a court fine or fee and to create a list of individuals whose license was
suspended by a court for that offense and send the list to the applicable courts.
May 23, 2024
Office of Research and Drafting LSC Legislative Budget Office
Requires those courts to lift any driver’s license suspensions previously imposed for
failure to pay a court fine or fee.
Prohibits the Registrar from charging any reinstatement fees for the reinstatement of a
driver’s license or motor vehicle registration associated with those suspensions.
Failure to pay child support
Authorizes a person who is in default on child support payments to present evidence
that a driver’s license suspension would effectively prevent that person from paying
child support or the arrearage due under the child support order.
Authorizes a child support enforcement agency to consider that evidence in determining
whether to notify the Registrar to terminate a driver’s license suspension on the person
in default.
Delays the implementation of a driver’s license suspension on a person who is in default
on child support payments for 30 days after the child support enforcement agency
sends notice to the person.
Authorizes a person whose driver’s license is suspended for failure to pay child support
to file a motion with a court with jurisdiction over the child support order for limited
driving privileges in all circumstances, not just when the motion is made during
contempt proceedings as under current law.
Truancy
Removes a driver’s license suspension or a denial of the opportunity to obtain a driver’s
license as possible penalties for a student who is habitually truant from school.
Authorizes a student whose license currently is suspended or who currently is denied
the opportunity to obtain a license because of the student’s habitual truancy to apply to
have the suspension or denial removed.
Proof of financial responsibility penalties
Regarding the imposition of increased penalties for multiple violations of the offense of
operating a motor vehicle without proof of financial responsibility, reduces the lookback
period from five years to one year within which repeat violations must occur.
Eliminates the suspension of motor vehicle registration rights and impoundment of a
motor vehicle’s certificate of registration and license plates as penalties for operating a
motor vehicle without proof of financial responsibility, but retains a driver’s license
suspension as a penalty.
Eliminates the $50 financial responsibility noncompliance fee when a person fails to
voluntarily surrender the person’s license, certificate of registration, or license plates.
Increases from 15 days to 45 days the grace period, starting at the date the Registrar
mails notification of the pending suspension order, during which a person may present
the Registrar proof of financial responsibility in order to avoid a driver’s license
suspension.
P a g e |2 S.B. 37
As Passed by the Senate
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Reduces the amount of time from either three or five years down to one year that a
person whose license was suspended for failure to provide proof of financial
responsibility must continually file such proof after the offense (a.k.a., an SR-22 form).
Eliminates the additional criminal penalties and license suspension imposed on a person
who operates a motor vehicle without proof of financial responsibility while the person
is within the period of continually filing an SR-22 form.
Random Selection Verification Program
Requires the Registrar to remove any remaining driver’s license suspensions associated
with the Financial Responsibility Random Verification Program (which was repealed
through H.B. 62 of the 133rd General Assembly).
Prohibits the Registrar from charging any reinstatement fees for the reinstatement of a
driver’s license associated with the program.
TABLE OF CONTENTS
Driver’s license suspensions ........................................................................................................... 3
Drug offenses .............................................................................................................................. 3
Termination of current suspension ........................................................................................ 7
Failure to pay a court fine or fee ................................................................................................. 7
License as bond ...................................................................................................................... 8
Registrar reinstatement ......................................................................................................... 8
Failure to pay child support......................................................................................................... 8
Truancy ...................................................................................................................................... 10
Proof of financial responsibility penalties .................................................................................... 10
SR-22 form ................................................................................................................................. 11
Random Verification Program reinstatement ........................................................................... 11
DETAILED ANALYSIS
Driver’s license suspensions
Drug offenses
Under current law, many drug offenses carry a possible penalty of a driver’s license
suspension.1 The bill partially removes that possible penalty, depending on the circumstances
surrounding the offense. Specifically:
1 References to “driver’s license suspension” throughout this analysis includes a suspension of a
commercial driver’s license, temporary instruction permit, commercial driver’s temporary instruction
permit, and motorcycle operator’s license or endorsement.
P a g e |3 S.B. 37
As Passed by the Senate
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1. If the drug offense occurs under the same circumstances as an operating a vehicle under
the influence offense (OVI-offense), the bill retains the mandatory driver’s license
suspension of up to five years.
2. If the drug offense relates to causing others to use the drug of abuse, manufacturing the
drug of abuse, or trafficking the drug of abuse and the offender used a vehicle to further
the commission of the offense, the bill retains a discretionary driver’s license suspension
of up to five years.
3. If (1) or (2) do not apply, the bill removes the possible penalty of a driver’s license
suspension for the drug offense.2
An offender whose license is suspended, in accordance with parameters detailed above,
may file a motion for the sentencing court to terminate the suspension two years after the
suspension was imposed or the offender is released from jail or prison, whichever date is later.
This early termination is consistent with current law for such suspensions.3
The following table details the drug offenses and the circumstances under which a court
may impose a driver’s license suspension on the offender under the bill. Under current law, for
all of the offenses listed below, a court may impose a driver’s license suspension for any
commission of the offense and must impose a suspension if the offense occurs under the same
circumstances as an OVI-offense.
Driver’s license suspension changes under the bill
Court-imposed driver’s license
Revised Code Description
suspension
Discretionary suspension if a
vehicle was used to further the
commission of the offense;
R.C. 2925.02 Corrupting another with drugs
Mandatory suspension if the
offense occurs in conjunction with
an OVI-offense.
Discretionary suspension if a
vehicle was used to further the
commission of the offense;
R.C. 2925.03 Drug trafficking
Mandatory suspension if the
offense occurs in conjunction with
an OVI-offense.
2 R.C. 2929.33; R.C. Chapter 2925.
3 R.C. 2925.03(G)(1) and 2929.33(C)(2).
P a g e |4 S.B. 37
As Passed by the Senate
Office of Research and Drafting LSC Legislative Budget Office
Driver’s license suspension changes under the bill
Court-imposed driver’s license
Revised Code Description
suspension
Discretionary suspension if a
vehicle was used to further the
Illegal manufacture of drugs or illegal commission of the offense;
R.C. 2925.04
cultivation of marijuana Mandatory suspension if the
offense occurs in conjunction with
an OVI-offense.
Discretionary suspension if a
vehicle was used to further the
Illegal assembly or possession of commission of the offense;
R.C. 2925.041
chemicals for the manufacture of drugs Mandatory suspension if the
offense occurs in conjunction with
an OVI-offense.
Discretionary suspension if a
vehicle was used to further the
Funding of drug or marijuana commission of the offense;
R.C. 2925.05
trafficking Mandatory suspension if the
offense occurs in conjunction with
an OVI-offense.
Discretionary suspension if a
vehicle was used to further the
Illegal administration or distribution of commission of the offense;
R.C. 2925.06
anabolic steroids Mandatory suspension if the
offense occurs in conjunction with
an OVI-offense.
Discretionary suspension for a first
degree, second degree, or third
degree felony offense if a vehicle
was used to further the
R.C. 2925.11 Drug possession commission of the offense;
Mandatory suspension if the
offense occurs in conjunction with
an OVI-offense.
Mandatory suspension only if the
R.C. 2925.12 Possessing drug abuse instruments offense occurs in conjunction with an
OVI-offense.
P a g e |5 S.B. 37
As Passed by the Senate
Office of Research and Drafting LSC Legislative Budget Office
Driver’s license suspension changes under the bill
Court-imposed driver’s license
Revised Code Description
suspension
Discretionary suspension if a
vehicle was used to further the
commission of the offense;
R.C. 2925.13 Permitting drug abuse
Mandatory suspension if the
offense occurs in conjunction with