State Representative Nathan Manning

Sponsor Testimony on H.B. 446

State Representative Nathan Manning

February 23, 2015

Chair Butler, Ranking Member, and Members of the House Judiciary Committee, thank you for hearing sponsor testimony today for House Bill 446. This bill makes one minor addition to the traffic code while streamlining several other sections to make them congruent with each other.

The firstand most substantial change would bean addition to the definition of drugs of abuse in the Commercial Drivers Licensing Definitions- 4506.01(M), by adding “Harmful intoxicants” to that list. However, this definition would also affect other OVI law as well. Currently in the OVI Definitions section of the ORC – 4511.181(E),"Drug of Abuse" is defined as having the same meaning as in section4506.01of the Revised Code. As such, this change to the Commercial Drivers Licensing Definitions would have the overarching addition of harmful intoxicants to drugs of abuse within 4511.181-4511.198.

Secondly,The Ohio Revised Code has affirmative defenses to driving under suspension in the case of an emergency. The code, however, omits Operating a Motor Vehicle While Under a 12-Point Suspension and Operating a Motor Vehicle with a Suspended License for Failing to appear or Pay Fine or For Default in Payment of Child Support. This legislation will add those omissions, therefore making the driving under suspension laws consistent.

Thirdly, ORC 4511.211(P)(1)(a) makes violation of any provision in 4511.211 a MM. Under 4511.211(P)(2), the penalty increases to an M4 if speeding faster than 35 mph in a business district, faster than 50 mph in other portions of a municipal corporation, and faster than 35 mph in a school zone. However, 4511.211(P)(2) only applies if the offender has NOT been previously convicted of or pleaded guilty to a speeding violation. Because there is no stated penalty for a person who has violated 4511.211(P)(2) and has been previously convicted or pled guilty to a speeding violation, this section would be removed.

And finally,in4511.19(G)(1)(E)(i) and (ii)of the Ohio Revised Code it states that F3 OVIs carry a mandatory prison term of one, two, three, four or five years.However in 2929.14(A)(3)(b), the sentencing of all F3s are limited to nine, twelve, eighteen, twenty-four, thirty, or thirty-six months. This legislation would remove this inconsistency and make the sentencing congruent by making the penalty nine, twelve, eighteen, twenty-four, thirty, thirty-six, forty-two, forty-eight, fifty-four or sixty months.

This legislation stems from conversations with the Ohio Judicial Conference and the Association of Municipal/County Judges of Ohio, and they support these changes. That concludes my testimony for House Bill 446. Thank you for your consideration, and I will answer any questions.

Rep. Nathan H. Manning

House District 55