OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 45 Bill Analysis
135th General Assembly
Click here for H.B. 45’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. Humphrey
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
February 21, 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). 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).2
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.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 authorizes the child support enforcement agency to
provide an opinion on the agency’s position regarding the request for limited driving privileges.
But, it eliminates a provision of law that requires the court to take that opinion into
consideration when making a decision regarding the request for limited driving 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. 45
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
HISTORY
Action Date
Introduced 02-15-23
ANHB0045IN-135/ts
P a g e |3 H.B. 45
As Introduced