OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 256 Bill Analysis
135th General Assembly
Click here for H.B. 256’s Fiscal Note
Version: As Reported by Senate Health
Primary Sponsors: Reps. K. Miller and Creech
Effective date:
Amanda Goodman, Attorney
SUMMARY
▪ Adds applying for a hunting or fishing license to the list of ways that a person may
certify a willingness to become an organ donor.
▪ Requires the Division of Wildlife in the Department of Natural Resources and its
authorized agents to ask an eligible person applying in person for a hunting or fishing
license if the eligible person would like to become an organ donor.
▪ Requires the Division and its authorized agents to register the eligible person as an
organ donor in the organ donor registry maintained by the Bureau of Motor Vehicles
(BMV) if the eligible person indicates approval for inclusion.
▪ Requires the Division to provide the organ donor registration form maintained by the
BMV in mail applications for hunting and fishing licenses.
▪ Specifies that if an eligible person returns the organ donor registration form to the BMV,
the BMV must include the person in the organ donor registry.
▪ Requires the Division to provide any person applying online for a hunting or fishing
license who is willing to become an organ donor with an electronic hyperlink to the
organ donor registry.
▪ Specifies that an eligible person who registers electronically with the organ donor
registry must be included.
This analysis was prepared before the report of the Senate Health Committee appeared in the Senate
Journal. Note that the legislative history may be incomplete.
December 4, 2024
Office of Research and Drafting LSC Legislative Budget Office
▪ Explicitly exempts the Division and authorized agents who issue hunting and fishing
licenses from civil damages and prosecution for acting, attempting to act, or failing to
act in accordance with the bill’s anatomical gift donor provisions.
▪ Delays the effective start of the bill’s requirements that apply to the Division until
August 1, 2025.
DETAILED ANALYSIS
Organ donation
The bill adds applying for a hunting or fishing license to the list of ways a person may
certify a willingness to become an organ donor beginning August 1, 2025. Under current law,
there are four ways a person can indicate that the person wishes to become an organ donor:
1. Authorizing a statement or symbol to be imprinted on the donor’s driver’s license or
identification card indicating that the donor has certified a willingness to become an
organ donor;
2. Specifying during an application for or renewal of a motor vehicle registration that the
donor has certified a willingness to be an organ donor;
3. During a terminal illness or injury, communicating the donor’s willingness to at least two
adults, at least one of whom is a disinterested witness, that the donor intends to
become an organ donor;
4. Following procedures to sign a record to become an organ donor, or authorize a person
to make that signature on the donor’s behalf.1
The Bureau of Motor Vehicles (BMV) must maintain an organ donor registry of persons
who indicate a willingness to become an organ donor during applications or renewals for
driver’s licenses, identification cards, and motor vehicle registrations. In maintaining that
registry, the BMV must ask all of the following persons whether they wish to become an organ
donor, regardless of the method of application or renewal (in person, mail, or online):
1. A person applying for or renewing a driver’s license;
2. A person applying for or renewing an identification card; and
3. A person applying for or renewing a motor vehicle registration.2
In person hunting and fishing applications
The bill requires the Division of Wildlife in the Department of Natural Resources (and
agents of the Division authorized to issue hunting and fishing licenses) to ask an eligible person
1 R.C. 2108.05(A).
2 R.C. 2108.23, not in the bill.
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As Reported by Senate Health
Office of Research and Drafting LSC Legislative Budget Office
who is applying for a hunting or fishing license in person if the person would like to become an
organ donor.3 Under the bill, an eligible person is all of the following:
1. An Ohio resident;
2. Eligible to make an anatomical gift under current law because the person is one of the
following:
a. An adult over the age of 18;
b. An emancipated minor; or
c. A minor who is authorized to apply for a temporary instruction permit because the
minor is at least 15 years and six months of age.
3. Not already included in the organ donor registry maintained by the BMV under current
law.4
If the eligible person indicates to the Division or issuing agent that the person would like
to be included in the registry, the Division or issuing agent must register the person in the
registry maintained by the BMV beginning August 1, 2025.5 The ability to register as an organ
donor in the BMV registry is available online.6
Mail applications for hunting and fishing licenses
Beginning August 1, 2025, the bill requires the Division to provide the organ donor
registration form maintained by the BMV in mail applications for hunting and fishing licenses.
Further, the bill specifies that if an eligible person returns the organ donor registration form to
the BMV, the BMV must include the eligible person in the organ donor registry.7 The BMV
organ donor registration form is BMV form 3346 and is available on the BMV website. 8
Online applications for hunting and fishing licenses
Beginning August 1, 2025, the bill requires the Division to provide any person applying
online for a hunting or fishing license who is willing to become an organ donor with the
electronic hyperlink to the organ donor registry. Any eligible person who registers electronically
via the hyperlink must be included in the registry.9
3 R.C. 2108.231(B)(1).
4 R.C. 2108.231(A)(1) and R.C. 2108.04, not in the bill.
5 R.C. 2108.231(B)(2).
6See Ohio BMV Online Services, an online portal maintained by the BMV which is available on the BMV
website: bmv.ohio.gov.
7 R.C. 2108.231(C).
8 See Ohio BMV “Documents and Fees,” BMV 3346, which is available on the BMV website:
publicsafety.ohio.gov/links/bmv3346.pdf.
9 R.C. 2108.231(D).
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As Reported by Senate Health
Office of Research and Drafting LSC Legislative Budget Office
Immunity from liability
The bill also explicitly exempts the Division and authorized agents who issue hunting and
fishing licenses from civil damages and prosecution for acting, attempting to act, or failing to
act in accordance with the bill’s provisions regarding registering a hunting or fishing license
applicant as an anatomical gift donor. However, that the immunity does not apply if the act,
attempt, or omission was committed or omitted with malicious purpose, in bad faith, or in a
wanton or reckless manner. This immunity is the same as the immunity provided in current law
to the BMV, Registrar of Motor Vehicles, deputy registrars, and agents and employees of the
BMV regarding the anatomical gift donor registry.10
HISTORY
Action Date
Introduced 08-16-23
Reported, H. Public Health Policy 11-15-23
Passed House (77-0) 11-29-23
Reported, S. Health ---
ANHB0256RS-135/ts
10 R.C. 2108.33.
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As Reported by Senate Health
Statutes affected: As Introduced: 2108.05
As Reported By House Committee: 2108.05, 2108.33
As Passed By House: 2108.05, 2108.33