Bill Text: OH SCR27 | 2013-2014 | 130th General Assembly | Comm Sub

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Bill Title: To declare that the Ohio General Assembly is opposed

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2014-12-04 - Passed 3rd Consideration House [SCR27 Detail]

Download: Ohio-2013-SCR27-Comm_Sub.html

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As Reported by the House Policy and Legislative Oversight Committee

130th General Assembly Regular Session 2013-2014

S. C. R. No. 27

Senator Seitz 

Cosponsors: Senators Eklund, Skindell, Brown, Hite, Jordan, Kearney, Lehner, Manning, Sawyer, Schiavoni, Tavares, Turner, Uecker 

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A CONCURRENT RESOLUTION

To declare that the Ohio General Assembly is opposed

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to the enactment of a state law, pursuant to a

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federal mandate, which would require the

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suspension or revocation of the driver's license

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of any individual convicted of any violation of

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the federal Controlled Substances Act or another

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drug law; to urge the Governor of Ohio to submit a

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written certification stating the Governor's

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opposition to such a law along with this

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resolution to the United States Secretary of

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Transportation; and accordingly to prevent the

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United States Secretary of Transportation from

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withholding a specified percentage of federal

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transportation apportionments pursuant to 23

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U.S.C. 159.

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BE IT RESOLVED BY THE SENATE OF THE STATE OF OHIO
(THE HOUSE OF REPRESENTATIVES CONCURRING):

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