Bill Summary – FastDemocracy

OHIO LEGISLATIVE SERVICE COMMISSION
                                              Office of Research                             Legislative Budget
         www.lsc.ohio.gov                       and Drafting                                       Office
                             H.B. 29                                Bill Analysis
                  135th   General Assembly
                                                                     Click here for H.B. 29’s Fiscal Note
Version: As Passed by the House
Primary Sponsors: Reps. Humphrey and Brewer
Effective date:
Margaret E. Marcy, Attorney
                                                         SUMMARY
                    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 the 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.
                                                DETAILED ANALYSIS
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
                                                                                                            December 8, 2023
Office of Research and Drafting                      LSC                         Legislative Budget Office
      3. The agency has made other specified arrangements with the person based on his or her
         current circumstances.1
        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 as part of his or her job). Furthermore, 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).2
        Additionally, the bill authorizes a person whose driver’s license is suspended for failure
to pay child support to petition the court with jurisdiction over the child support order for
limited driving privileges at any point, not just during a contempt proceeding, as under current
law.3 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.4
        The bill retains current law that requires the court to request that the child support
enforcement agency advise the court of the agency’s position regarding the request for limited
driving privileges. The court must consider that opinion when making a decision regarding the
request for limited driving privileges. Additionally, the bill requires the court to include in its
order granting the limited driving privileges any conditions with which the person must comply
in order to retain the privileges.5
1   R.C. 3123.56 and 3123.58; R.C. 3123.54, 3123.55, 3123.57, not in the bill.
2   R.C. 3123.56(C)(2).
3   R.C. 3123.58.
4   R.C. 4510.021(A) and (B), not in the bill.
5   R.C. 3123.58(B)(1).
P a g e |2                                                                                       H.B. 29
                                                                                  As Passed by the House
Office of Research and Drafting         LSC                 Legislative Budget Office
                                      HISTORY
                             Action                        Date
Introduced                                      02-15-23
Reported, H. Homeland Security                  03-23-23
Re-referred, H. Rules & Reference               04-25-23
Reported, H. Homeland Security                  05-10-23
Passed House (84-0)                             12-06-23
 ANHB0029PH-135/ts
P a g e |3                                                                  H.B. 29
                                                             As Passed by the House