OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 301 Bill Analysis
134th General Assembly
Click here for S.B. 301’s Fiscal Note
Version: As Introduced
Primary Sponsor: Sen Blessing
Effective Date:
Margaret E. Marcy, Attorney
SUMMARY
Driver’s license suspensions
Drug offenses
 Removes the possible penalty of a driver’s license suspension for any drug offense in
which the highest degree of penalty is a misdemeanor.
 Authorizes any person whose license currently is suspended for those misdemeanor
drug offenses to apply to have the suspension removed.
 Removes the possible penalty of a driver’s license suspension for a felony drug offense
unless the offender is convicted of or pleads guilty to the highest degree of felony
imposed for the offense. (For example, a court may impose a suspension for first degree
felony drug trafficking, but not for drug trafficking that is a second degree felony or
less).
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 of Motor Vehicles to terminate a driver’s license
suspension on the person in default.
 Authorizes a person whose driver’s license is suspended for failure to pay child support
to petition a court for limited driving privileges in all circumstances, not just when the
petition is made during contempt proceedings as under current law.
March 4, 2022
Office of Research and Drafting LSC Legislative Budget Office
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.
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 removes that possible penalty either entirely or partially, depending on
the offense. Specifically:
1. If the highest degree of penalty for the offense is a misdemeanor, the bill removes the
driver’s license suspension entirely.
2. If the highest degree of penalty for the offense is a felony, the bill removes the driver’s
license suspension for all offenders except for those who are convicted of or plead guilty
to the highest degree of felony imposed for the offense.
For example, under the bill, a court may still impose a driver’s license suspension on a
person who is convicted of a first degree felony for drug trafficking. However, the court would
not be authorized to impose a driver’s license suspension on a person who is convicted of a
second degree felony or less for drug trafficking.2
The following table details the drug offenses and at what level of offense a court may
impose a driver’s license suspension on the offender, if any, under the bill. Under current law,
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.
2 R.C. 2925.03(D).
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As Introduced
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for all of the offenses listed below, a court may impose a driver’s license suspension regardless
of the level of the offense.
Driver’s license suspension changes under S.B. 301
Revised Code Description When court may impose suspension
Suspension removed entirely because
Conspiracy to commit a felony drug
offender subject to the next lesser
R.C. 2923.01 trafficking, manufacturing, processing,
degree of penalty than if the offense
or possession offense
had been committed3
R.C. 2925.02 Corrupting another with drugs First degree felony offense only
R.C. 2925.03 Drug trafficking First degree felony offense only
Illegal manufacture of drugs or illegal
R.C. 2925.04 First degree felony offense only
cultivation of marijuana
Illegal assembly or possession of
R.C. 2925.041 Second degree felony offense only
chemicals for the manufacture of drugs
Funding of drug or marijuana
R.C. 2925.05 First degree felony offense only
trafficking
Illegal administration or distribution of Fourth degree felony offense
R.C. 2925.064
anabolic steroids (same as current law)
R.C. 2925.11 Drug possession First degree felony offense only
Suspension removed entirely because
R.C. 2925.12 Possessing drug abuse instruments
highest offense is a misdemeanor
R.C. 2925.13 Permitting drug abuse Fifth degree felony offense only
Illegal use or possession of drug Suspension removed entirely because
R.C. 2925.14
paraphernalia (not for marijuana) highest offense is a misdemeanor
3 For specified drug offenses, a person guilty of conspiracy is guilty of a felony of the “next lesser degree
than the most serious offense that is the object of the conspiracy.” Thus, under the provisions of the bill,
a driver’s license suspension as a possible penalty would no longer be imposed.
4Not in the bill. The drug offense is a fourth degree felony without any lesser or higher degrees of
penalty, and so did not require amendment.
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As Introduced
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Driver’s license suspension changes under S.B. 301
Revised Code Description When court may impose suspension
Illegal use or possession of drug Suspension removed entirely because
R.C. 2925.141
paraphernalia (for marijuana) highest offense is a misdemeanor
R.C. 2925.22 Deception to obtain a dangerous drug First degree felony offense only
R.C. 2925.23 Illegal processing of drug documents Fourth degree felony offense only
R.C. 2925.31 Abusing harmful intoxicants Fifth degree felony offense only
R.C. 2925.32 Trafficking in harmful intoxicants Fourth degree felony offense only
R.C. 2925.36 Illegal dispensing of drug samples Fourth degree felony offense only
Trafficking in counterfeit controlled
substances, promoting and
R.C. 2925.37 Fourth degree felony offense only
encouraging drug abuse, or fraudulent
drug advertising
For the drug offenses, only when the
Commission of an out-of-state drug or offender’s license, permit, or privilege
R.C. 4510.17 OVI violation that is substantially is authorized or required to be
similar to the Revised Code offenses suspended, had the offense occurred
in Ohio
Termination of current suspension
The bill authorizes a person whose driver’s license was suspended, prior to the effective
date of the bill’s changes to apply to the court to have the suspension terminated for the
following misdemeanor drug offenses:
1. Possessing drug abuse instruments; and
2. Illegal use or possession of drug paraphernalia, both for and not for marijuana.
However, a person who either pled guilty to or was convicted of an OVI offense arising
out of the same set of circumstances as the drug offense may not request the termination of
the suspension. A court has discretion over whether to terminate the suspension for any
applicant so requesting the termination under the bill.5
5 R.C. 2925.12(D), 2925.14(G), and 2925.141(G). Technical change also made in R.C. 4510.111 to remove
a reference to a driver’s license suspension for a minor who possesses, uses, purchases, or receives
tobacco products (R.C. 2151.87). H.B. 166 of the 133rd General Assembly removed the suspension.
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As Introduced
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Failure to pay child support
Under current law, after a person defaults on his or her child support obligations and
specified statutory warnings have been issued to that person, a child support enforcement
agency may send a notice to the Registrar of Motor Vehicles to suspend the person’s driver’s
license. The driver’s license suspension is effective when the Registrar receives the notice. The
suspension terminates only after the Registrar receives further notice from the child support
enforcement agency that either:
1. The person is no longer in default;
2. The person has complied with any related court orders or subpoenas; or
3. The agency has made other specified arrangements with the person based on his or her
current circumstances.6
The bill authorizes a person in default of child support obligations to present evidence to
the child support enforcement agency demonstrating that a driver’s license suspension would
effectively prevent that person from paying child support or any arrearage due under the child
support order (e.g. a person who drives a commercial motor vehicle for a living). Additionally,
the agency is authorized to consider that evidence in determining whether to request that the
Registrar terminate the associated driver’s license suspension (as part of the other
arrangements made with the agency, see 3. above).7
Additionally, the bill authorizes a person whose driver’s license is suspended for failure
to pay child support to petition the court for limited driving privileges at any point, not just
during a contempt proceeding as under current law.8 Accordingly, the court, in its discretion,
may grant those limited driving privileges for any of the following purposes:
1. Occupational, education, vocational, or medical purposes;
2. Taking the driver’s or commercial driver’s license examination;
3. Attending court-ordered treatment;
4. Attending any court proceeding related to the offense for which the offender’s
suspension was imposed;
5. Transporting a minor to a child care provider, daycare, preschool, school, or to any other
location for purposes of receiving child care; and
6. Any other purpose the court determines to be appropriate.9
6 R.C. 3123.56 and 3123.58; R.C. 3123.54, 3123.55, 3123.57, not in the bill.
7 R.C. 3123.56(C)(2).
8 R.C. 3123.58.
9 R.C. 4510.021(A) and (B), not in the bill.
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As Introduced
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Furthermore, the bill removes the requirement that the court request the child support
enforcement agency to provide an opinion on the agency’s position (in person, through a
representative, or through a written document) regarding the request for limited driving
privileges.10
Truancy
The bill removes the possible administrative penalty of a driver’s license suspension or
denial or a driver’s license for a habitually truant student. Under current law, a board of
education of a school district may adopt a resolution that authorizes, as one possible
repercussion for habitual truancy, a driver’s license suspension imposed by the Registrar. If the
student does not yet have a driver’s license (or temporary instruction permit), the opportunity
to obtain the license or permit may also be denied. Similar repercussions may also be imposed
on a student who is suspended or expelled from school. The bill removes this potential driver’s
license suspension or denial.11
Additionally, any student who received either a driver’s license suspension or the denial
of the opportunity to obtain a permit or a license before the bill’s effective date because of
habitual truancy may file a motion with the juvenile court to have that suspension or denial
terminated. The court, in its discretion, may order the Registrar to terminate the suspension or
the denial, cancel the record related to the suspension or denial, and return or reissue a license
to the student.12
Proof of financial responsibility penalties
The bill reduces the penalties for failing to provide proof of financial responsibility (e.g.,
motor vehicle insurance) when operating a motor vehicle. Under current law, a person must
continuously maintain proof of financial responsibility throughout the registration period of a
motor vehicle. A person who operates a motor vehicle without proof of financial responsibility
is subject to a variety of penalties, including a driver’s license suspension, suspension of motor
vehicle registration rights, impoundment of the certificate of registration and license plates of
the subject motor vehicle, and reinstatement fees. If, within five years of the offense, a person
commits additional violations of the prohibition, the person is subject to increasing penalties
(primarily a longer driver’s license suspension and higher reinstatement fees).13
The bill reduces the penalties associated with this offense in two ways. Specifically, it
decreases the five-year lookback period for repeat offenses to a one-year period. Thus, for a
repeat offense to trigger increased penalties, is has to occur within one year of the initial
offense. Additionally, the bill eliminates the suspension of a person’s motor vehicle registration
10 R.C. 3123.58(B)(1).
11 R.C. 3321.13, 3321.191, and 4510.32, repealed; conforming change in R.C. 4510.101.
12 Section 4.
13 R.C. 4509.101(A).
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rights and impoundment of the certificate of registration and license plates as penalties for the
offense.14