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H. C. R. No. 55 As Adopted by the HouseAs Adopted by the House
| 130th General Assembly | | Regular Session | | 2013-2014 |
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Cosponsors:
Representatives Brenner, Amstutz, Blessing, Boose, Brown, Butler, Conditt, Green, Huffman, Letson, Milkovich, O'Brien, Pelanda, Retherford, Ruhl, Schuring, Sears, Sprague, Stebelton, Terhar, Wachtmann, Young Speaker Batchelder
A CONCURRENT RESOLUTION | To declare that the Ohio General Assembly is opposed
to the enactment of a state law, pursuant to a
federal mandate, which would require the
suspension or revocation of the driver's license
of any individual convicted of any violation of
the federal Controlled Substances Act or another
drug law; to urge the Governor of Ohio to submit a
written certification stating the Governor's
opposition to such a law along with this
resolution to the United States Secretary of
Transportation; and accordingly to prevent the
United States Secretary of Transportation from
withholding a specified percentage of federal
transportation apportionments pursuant to 23
U.S.C. 159.
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BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF OHIO
(THE SENATE CONCURRING):
| WHEREAS, Pursuant to 23 U.S.C. 159, the United States
Secretary of Transportation is required to withhold eight per cent
of a state's highway-related funds unless that state either enacts
and enforces a law requiring a six-month suspension or revocation
of the driver's license of any individual convicted of any
violation of the Controlled Substances Act or other drug law, or
the Governor of the state submits written certifications by the
Governor and the state legislature that both are opposed to the
enactment and enforcement of such a law; and |
| WHEREAS, After the careful examination of this mandate, the
Ohio General Assembly hereby determines that the enactment of a
law requiring the suspension or revocation of the driver's license
of an individual based upon a drug offense regardless of whether
the offense is related to the operation of a motor vehicle would
needlessly strain limited state financial and manpower resources
as well as unnecessarily increase the paperwork and bureaucracy of
the state government; and |
| WHEREAS, The granting or withholding of driving privileges is
and has always been a prerogative of the states to decide for
themselves, not for the federal government to decide, and the
state of Ohio has already enacted sufficient laws to deter illegal
drug activity; now therefore be it |
| RESOLVED, That we, the members of the 130th General Assembly
of the State of Ohio, in adopting this resolution, declare our
opposition to the federal government mandating that the states
enact and enforce a law that provides for the suspension or
revocation of the driver's license of an individual based upon a
conviction of a drug offense; and be it further |
| RESOLVED, That we, the members of the 130th General Assembly
of the State of Ohio, urge Governor John R. Kasich to submit
written certification to the United States Secretary of
Transportation expressing his opposition to this federal mandate
along with a written certification that the Ohio General Assembly
has adopted this resolution; and be it further |
| RESOLVED, That the Clerk of the House of Representatives
transmit duly authenticated copies of this resolution to Governor
John R. Kasich, the members of the Ohio congressional delegation,
and the Secretary of the United States Department of
Transportation. |
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