Bill Summary – FastDemocracy

OHIO LEGISLATIVE SERVICE COMMISSION
                                              Office of Research                               Legislative Budget
         www.lsc.ohio.gov                       and Drafting                                         Office
                             H.B. 21                              Final Analysis
                  134th   General Assembly
                                                                      Click here for H.B. 21’s Fiscal Note
Version: As Passed by the General Assembly
Primary Sponsor: Rep. Koehler
Effective date: October 1, 2022
Effective Date:
Margaret E. Marcy, Attorney
                                                          SUMMARY
Organ Donor Registry
                    Allows a person to become an organ donor when the person registers (or renews
                          registration of) a motor vehicle.
                    Requires the Registrar of Motor Vehicles and any deputy registrar to ask a person
                          applying for or renewing a registration if the person wishes to be an organ donor.
                    Requires the Registrar to add a person who certifies a willingness to be an organ donor
                          at the time of motor vehicle registration to the organ donor registry developed and
                          maintained by the Bureau of Motor Vehicles.
                    Prohibits the Registrar or a deputy registrar from asking a person to be an organ donor if
                          the person is already listed on the donor registry.
Second Chance Trust Fund
                  $2 donation
                    Increases from $1 to $2 the amount the Registrar and each deputy registrar must
                          request as a voluntary contribution for the Second Chance Trust Fund during specified
                          transactions.
                  “Donate Life” license plate
                    Increases the annual contribution for the “Donate Life” license plate from $5 to $15.
                                                                                                             October 28, 2021
Office of Research and Drafting                      LSC                          Legislative Budget Office
                                  DETAILED ANALYSIS
Organ Donor Registry
    Background
        Under continuing law, the Bureau of Motor Vehicles maintains a donor registry that
identifies individuals who have agreed to make an anatomical gift (to be an organ donor).
Among other opportunities, an individual can agree to be an organ donor while applying for or
renewing a driver’s license, commercial driver’s license, or state identification card (ID). If an
individual agrees and fills out the standard form to be an organ donor at one of those times, the
Registrar of Motor Vehicles adds the person to the registry. The Registrar then places an organ
donor symbol on the person’s license or ID. The information in the registry is available to organ
procurement organizations, tissue banks, and eye banks at all times.1
    Motor vehicle registration
       The act also requires the Registrar and deputy registrars to ask a person if the person
wishes to be an organ donor at the time of motor vehicle registration and renewal. If the
person agrees to do so and completes the standard form, the person is added to the registry.
    Other Registry provisions
        The act prohibits the Registrar or a deputy registrar from asking a person already
included in the registry whether the person wishes to be an organ donor. Additionally, it
authorizes the Registrar to formulate rules that establish the manner in which a request to be
an organ donor is included in an application for a motor vehicle registration, driver’s license, or
ID (e.g. directly on the application or through links that redirect the applicant to a separate
application specific to the registry). The Registrar must formulate the rules in conjunction with
the Director of Health and the Second Chance Trust Fund Advisory Committee.2
Second Chance Trust Fund
    $2 donation
        The act increases from $1 to $2 the amount the Registrar and deputy registrars must
request as a voluntary contribution for the Second Chance Trust Fund during driver’s license,
motorcycle operator’s endorsement, commercial driver’s license, ID, or duplicate license or
card issuance or renewal. The Second Chance Trust Fund consists, in part, of these voluntary
contributions. The Director of Health must use the fund for certain educational and
development programs related to organ, tissue, and eye donation.3
1   R.C. 2108.05 and 2108.23.
2   R.C. 2108.05(A)(2), 2108.23(A) and (C)(1)(f), and 4503.10(A)(8).
3   R.C. 2108.34 and 4501.028; R.C. 4506.081, 4507.231, and 4507.501, repealed.
P a g e |2                                                                                          H.B. 21
                                                                         As Passed by the General Assembly
Office of Research and Drafting               LSC                        Legislative Budget Office
    “Donate Life” license plate
        The act increases the annual contribution required to obtain and renew the “Donate
Life” license plate from $5 to $15. The Registrar must continue to direct all collected
contributions to the Second Chance Trust Fund.4
                                          HISTORY
                             Action                                     Date
Introduced                                           02-03-21
Reported, H. Transportation & Public Safety          03-10-21
Passed House (96-1)                                  03-17-21
Reported, S. Transportation                          09-22-21
Passed Senate (32-0)                                 09-28-21
House concurred in Senate amendments (92-1)          09-29-21
21-HB21-134/ts
4   R.C. 4503.721.
P a g e |3                                                                                 H.B. 21
                                                                As Passed by the General Assembly
Statutes affected: 
As Introduced: 2108.05, 2108.23, 2108.34, 4503.10, 4503.721, 4506.081, 4507.231, 4507.501
As Reported By House Committee: 2108.05, 2108.23, 2108.34, 4503.10, 4503.721, 4506.081, 4507.231, 4507.501
As Passed By House: 2108.05, 2108.23, 2108.34, 4503.10, 4503.721, 4506.081, 4507.231, 4507.501
As Reported By Senate Committee: 2108.05, 2108.23, 2108.34, 4503.10, 4503.721, 4506.081, 4507.231, 4507.501
As Passed By Senate: 2108.05, 2108.23, 2108.34, 4503.10, 4503.721, 4506.081, 4507.231, 4507.501
As Enrolled: 2108.05, 2108.23, 2108.34, 4503.10, 4503.721, 4501.028, 4506.081, 4507.231, 4507.501