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To declare that the Ohio General Assembly is opposed | 1 |
to the enactment of a state law, pursuant to a | 2 |
federal mandate, which would require the | 3 |
suspension or revocation of the driver's license | 4 |
of any individual convicted of any violation of | 5 |
the federal Controlled Substances Act or another | 6 |
drug law; to urge the Governor of Ohio to submit a | 7 |
written certification stating the Governor's | 8 |
opposition to such a law along with this | 9 |
resolution to the United States Secretary of | 10 |
Transportation; and accordingly to prevent the | 11 |
United States Secretary of Transportation from | 12 |
withholding a specified percentage of federal | 13 |
transportation apportionments pursuant to 23 | 14 |
U.S.C. 159. | 15 |
WHEREAS, Pursuant to 23 U.S.C. 159, the United States | 16 |
Secretary of Transportation is required to withhold eight per cent | 17 |
of a state's highway-related funds unless that state either enacts | 18 |
and enforces a law requiring a six-month suspension or revocation | 19 |
of the driver's license of any individual convicted of any | 20 |
violation of the Controlled Substances Act or other drug law, or | 21 |
the Governor of the state submits written certifications by the | 22 |
Governor and the state legislature that both are opposed to the | 23 |
enactment and enforcement of such a law; and | 24 |
WHEREAS, After the careful examination of this mandate, the | 25 |
Ohio General Assembly hereby determines that the enactment of a | 26 |
law requiring the suspension or revocation of the driver's license | 27 |
of an individual based upon a drug offense regardless of whether | 28 |
the offense is related to the operation of a motor vehicle would | 29 |
needlessly strain limited state financial and manpower resources | 30 |
as well as unnecessarily increase the paperwork and bureaucracy of | 31 |
the state government; and | 32 |
WHEREAS, The granting or withholding of driving privileges is | 33 |
and has always been a prerogative of the states to decide for | 34 |
themselves, not for the federal government to decide, and the | 35 |
state of Ohio has already enacted sufficient laws to deter illegal | 36 |
drug activity; now therefore be it | 37 |
RESOLVED, That we, the members of the 130th General Assembly | 38 |
of the State of Ohio, in adopting this resolution, declare our | 39 |
opposition to the federal government mandating that the states | 40 |
enact and enforce a law that provides for the suspension or | 41 |
revocation of the driver's license of an individual based upon a | 42 |
conviction of a drug offense; and be it further | 43 |
RESOLVED, That we, the members of the 130th General Assembly | 44 |
of the State of Ohio, urge Governor John R. Kasich to submit | 45 |
written certification to the United States Secretary of | 46 |
Transportation expressing his opposition to this federal mandate | 47 |
along with a written certification that the Ohio General Assembly | 48 |
has adopted this resolution; and be it further | 49 |
RESOLVED, That the Clerk of the Senate transmit duly | 50 |
authenticated copies of this resolution to Governor John R. | 51 |
Kasich, the members of the Ohio congressional delegation, and the | 52 |
Secretary of the United States Department of Transportation. | 53 |