As Passed by the House                        1            

123rd General Assembly                                             4            

   Regular Session                         Am. Sub. S. B. No. 188  5            

      1999-2000                                                    6            


           SENATORS DRAKE-WHITE-PRENTISS-KEARNS-SPADA-             8            

  REPRESENTATIVES VAN VYVEN-SCHURING-TERWILLEGER-OGG-JOLIVETTE-                 

SCHUCK-VESPER-ASLANIDES-OLMAN-SUTTON-DePIERO-WILLAMOWSKI-BRADING-  9            

  BENDER-O'BRIEN-HOOPS-PATTON-SULLIVAN-DePIERO-D. MILLER-MYERS-    10           

  GRENDELL-JONES-DISTEL-NETZLEY-BUCHY-SALERNO-AMSTUTZ-BUEHRER-     11           

   BARRETT-CATES-METZGER-COLLIER-AUSTRIA-SCHULER-BOYD-CLANCY-      13           

    A. CORE-CORBIN-YOUNG-GERBERRY-SMITH-R. MILLER-J. BEATTY-                    

              REDFERN-BRITTON-WIDENER-BARNES-TIBERI                14           


_________________________________________________________________   15           

                          A   B I L L                                           

             To amend sections 124.04, 2108.01, 2108.02,           17           

                2108.021, 2108.04, 2108.15, and 3301.07, to enact  18           

                sections 313.30, 2108.17, 2108.18, 2108.19,                     

                2108.20, 4501.024, and 4717.17, and to repeal      19           

                section 2108.022 of the Revised Code to make       20           

                changes to the law regarding anatomical gifts and  21           

                to declare an emergency.                                        




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        23           

      Section 1.  That sections 124.04, 2108.01, 2108.02,          25           

2108.021, 2108.04, 2108.15, and 3301.07 be amended and sections    26           

313.30, 2108.17, 2108.18, 2108.19, 2108.20, 4501.024, and 4717.17  28           

of the Revised Code be enacted to read as follows:                              

      Sec. 124.04.  In addition to those powers enumerated in      37           

Chapters 123. and 125. of the Revised Code and as provided         38           

elsewhere by law, the powers, duties, and functions of the         39           

department of administrative services not specifically vested in   40           

and assigned to, or to be performed by, the state personnel board  41           

of review are hereby vested in and assigned to, and shall be       42           

performed by, the director of administrative services.  These      44           

                                                          2      


                                                                 
powers, duties, and functions shall include, but shall not be                   

limited to, the following powers, duties, and functions:           45           

      (A)  To prepare, conduct, and grade all competitive          47           

examinations for positions in the classified state service;        48           

      (B)  To prepare, conduct, and grade all noncompetitive       50           

examinations for positions in the classified state service;        51           

      (C)  To prepare eligible lists containing the names of       53           

persons qualified for appointment to positions in the classified   54           

state service;                                                     55           

      (D)  To prepare or amend, in accordance with section 124.14  57           

of the Revised Code, specifications descriptive of duties,         58           

responsibilities, requirements, and desirable qualifications of    59           

the various classifications of positions in the state service;     60           

      (E)  To allocate and reallocate, upon the motion of the      63           

director or upon request of an appointing authority and in                      

accordance with section 124.14 of the Revised Code, any position,  64           

office, or employment in the state service to the appropriate      65           

classification on the basis of the duties, responsibilities,       66           

requirements, and qualifications of such position, office, or      67           

employment;                                                                     

      (F)  To develop and conduct personnel recruitment services   69           

for positions in the state service;                                70           

      (G)  To conduct research on specifications,                  72           

classifications, and salaries of positions in the state service;   73           

      (H)  To develop and conduct personnel training programs in   75           

cooperation with appointing authorities;                           76           

      (I)  TO INCLUDE PERIODICALLY IN COMMUNICATIONS SENT TO       78           

STATE EMPLOYEES INFORMATION DEVELOPED UNDER SECTION 2108.15 OF     79           

THE REVISED CODE PROMOTING THE DONATION OF ANATOMICAL GIFTS UNDER  80           

CHAPTER 2108. OF THE REVISED CODE;                                              

      (J)  To enter into agreements with universities and          82           

colleges for in-service training of personnel in the civil         84           

service;                                                           85           

      (J)(K)  To appoint such examiners, inspectors, clerks, and   87           

                                                          3      


                                                                 
other assistants as are necessary in the exercise of the powers    88           

and performance of the duties and functions which the director is  89           

by law authorized and required to exercise and perform and to      90           

prescribe the duties of all such employees;                        91           

      (K)(L)  To maintain a journal, which shall be open to        93           

public inspection, in which the director shall keep a record of    94           

the director's final decision pertaining to the classification or  96           

reclassification of positions in the state classified service and  97           

assignment or reassignment of employees in the state classified    98           

service to specific position classifications;                      99           

      (L)(M)  To delegate any of the powers, functions, or duties  101          

granted or assigned to the director under this chapter to any      103          

other state agency of this state as the director considers         104          

necessary;                                                         105          

      (M)(N)  To delegate any of the powers, functions, or duties  107          

granted or assigned to the director under this chapter to any      109          

political subdivision with the concurrence of the legislative      110          

authority of the political subdivision.                            111          

      Sec. 313.30.  A CORONER MAY DESIGNATE IN WRITING AN EYE      113          

BANK, TISSUE BANK, OR BOTH WITH WHICH THE CORONER WILL COOPERATE   114          

CONCERNING RETRIEVAL OF USABLE EYES AND TISSUES THAT HAVE BEEN     115          

DONATED.                                                                        

      AN EYE OR TISSUE BANK DESIGNATED UNDER THIS SECTION HAS THE  117          

PROPERTY RIGHT SPECIFIED IN SECTION 2108.02 OF THE REVISED CODE.   119          

      A CORONER ACTING IN GOOD FAITH IS NOT LIABLE IN DAMAGES FOR  121          

INJURY RESULTING FROM ACTING OR ATTEMPTING TO ACT IN ACCORDANCE    122          

WITH THE DONOR'S DECLARATION UNDER SECTION 2108.04 OF THE REVISED  123          

CODE OF AN ANATOMICAL GIFT.                                        125          

      Sec. 2108.01.  As used in sections 2108.01 to 2108.12 of     135          

the Revised Code:                                                  136          

      (A)  "Anatomical gift" means a donation of all or part of a  138          

human body to take effect upon or after death.                     139          

      (B)  "Decedent" means a deceased individual and includes a   141          

stillborn infant or fetus.                                         142          

                                                          4      


                                                                 
      (C)  IF A WILL OR OTHER DOCUMENT BY WHICH AN ANATOMICAL      145          

GIFT IS MADE INCLUDES A VALID SPECIFICATION OF THE INTENDED        146          

DONEE, "DONEE" MEANS THE SPECIFIED PERSON OR ENTITY; OTHERWISE,                 

"DONEE" MEANS, IN THE CASE OF ORGANS, AN ORGAN PROCUREMENT         147          

ORGANIZATION THAT SERVES THE REGION OF THE STATE WHERE THE BODY    148          

OF THE DONOR IS LOCATED OR, IN THE CASE OF TISSUE OR EYES, AN      149          

ORGANIZATION ENTITLED BY LAW TO RECOVER THE TISSUE OR EYES FROM    151          

THE DONOR'S BODY.                                                               

      (D)  "Donor" means an individual who makes an anatomical     153          

gift.                                                              154          

      (D)(E)  "Hospital" means any hospital operated in this       156          

state that is certified under Title XVIII of the "Social Security  157          

Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or           158          

accredited by the joint commission on accreditation of healthcare  159          

organizations or the American osteopathic association.             160          

"Hospital" also means a facility licensed, accredited,             161          

registered, or approved as a hospital under the laws of any        162          

state, and includes a facility operated as a hospital by a state   163          

or a subdivision of the state, although not required to be         164          

licensed under state laws.                                                      

      (E)(F)  "Identification card" means an identification card   166          

issued under sections 4507.50 and 4507.51 of the Revised Code.     167          

      (F)(G)  "Part" means any portion of a human body.            169          

      (G)(H)  "Tissue" means any body part other than an organ or  171          

eye.                                                               172          

      (H)(I)  "Person" has the same meaning as in section 1.59 of  174          

the Revised Code and also includes a government or governmental    175          

subdivision or agency.                                             176          

      (I)(J)  "Physician" or "surgeon" means an individual who is  178          

licensed or authorized to practice medicine and surgery or         179          

osteopathic medicine and surgery under the laws of any state.      180          

      (J)(K)  "Recovery agency" means a nonprofit organization     182          

incorporated under Chapter 1702. of the Revised Code that is one   184          

of the following:                                                               

                                                          5      


                                                                 
      (1)  An organ procurement organization designated by the     186          

secretary of health and human services pursuant to Title XVIII of  187          

the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,     188          

1320b-8, as amended;                                               189          

      (2)  An eye bank certified THAT IS ACCREDITED by the eye     191          

bank association of America OR THAT HAS APPLIED FOR                193          

ACCREDITATION, IS IN SUBSTANTIAL COMPLIANCE WITH ACCREDITATION     194          

STANDARDS OF THE ASSOCIATION, AND SINCE APPLYING FOR               195          

ACCREDITATION HAS BEEN IN OPERATION FOR NOT LONGER THAN ONE YEAR;  196          

      (3)  A tissue bank that is certified by the American         198          

association of tissue banks or that has applied for certification  199          

and, is in substantial compliance with certification standards of  201          

the association, AND SINCE APPLYING FOR CERTIFICATION HAS BEEN IN               

OPERATION FOR NOT LONGER THAN ONE YEAR.                            202          

      Sec. 2108.02.  (A)  Any individual of sound mind may make    211          

an anatomical gift for any purpose specified in section 2108.03    212          

of the Revised Code, the anatomical gift to take effect upon his   213          

THE INDIVIDUAL'S death, if either of the following conditions      215          

applies:                                                                        

      (1)  The individual is eighteen years of age or more;        217          

      (2)  The individual is less than eighteen years of age and   219          

a parent or guardian of the individual signs a document pursuant   220          

to division (B)(2) or a statement pursuant to division (C) of      221          

section 2108.04 of the Revised Code.                               222          

      (B)  Any of the following persons, in the order of priority  224          

stated, when persons in prior classes are not available at the     225          

time of death, and in the absence of actual notice of contrary     226          

indications by the decedent or actual notice of opposition by a    227          

member of the same or a prior class, may make an anatomical gift   228          

of all or any part of the body of a decedent for any purpose       229          

specified in section 2108.03 of the Revised Code:                  230          

      (1)  The spouse;                                             232          

      (2)  An adult son or daughter;                               234          

      (3)  Either parent;                                          236          

                                                          6      


                                                                 
      (4)  An adult brother or sister;                             238          

      (5)  A grandparent;                                          240          

      (6)  A guardian of the person of the decedent at the time    242          

of his THE DECEDENT'S death;                                       243          

      (7)  Any other person authorized or under obligation to      245          

dispose of the body.                                               246          

      (C)  The donee shall not accept the anatomical gift if he    248          

THE DONEE has actual notice of contrary indications by the         250          

decedent or IF THE ANATOMICAL GIFT IS MADE PURSUANT TO DIVISION    251          

(B) OF THIS SECTION AND that an anatomical gift by a member of a   253          

class is opposed by a member of the same or a prior class.  The    254          

persons authorized in division (B) of this section may make the    255          

anatomical gift after or immediately before death.                 256          

      (D)  An anatomical gift authorizes any examination           258          

necessary to ensure medical acceptability of the anatomical gift   259          

for the purpose intended.                                          260          

      (E)  The rights of the donee created by the anatomical gift  262          

are paramount to the rights of others except that a coroner or,    263          

in his THE CORONER'S absence, a deputy coroner, who has, under     264          

section 313.13 of the Revised Code, taken charge of the            266          

decedent's dead body and decided that an autopsy is necessary,     267          

has a right to the dead body and any part that is paramount to     268          

the rights of the donee. The coroner, or in his THE CORONER'S      269          

absence, the deputy coroner, may waive this paramount right and    271          

permit the donee to take a donated part if the donated part is or  272          

will be unnecessary for successful completion of the autopsy or    273          

for evidence.  If the coroner or deputy coroner does not waive     274          

his THIS paramount right and later determines, while performing    275          

the autopsy, that the donated part is or will be unnecessary for   276          

successful completion of the autopsy or for evidence, he THE       277          

CORONER OR DEPUTY CORONER may thereupon waive his THE paramount    278          

right and permit the donee to take the donated part, either        279          

during the autopsy or after it is completed.                       280          

      (F)  THE DONEE HAS A PROPERTY RIGHT IN AN ANATOMICAL GIFT    282          

                                                          7      


                                                                 
DONATED PURSUANT TO SECTIONS 2108.02 AND 2108.04 OF THE REVISED    284          

CODE AND MAY ENFORCE THIS RIGHT IN AN ACTION FOR A DECLARATORY     285          

JUDGMENT UNDER CHAPTER 2721. OF THE REVISED CODE IN THE COMMON     287          

PLEAS COURT OF THE COUNTY WHERE THE DONOR LAST RESIDED OR DIED OR  288          

THE COUNTY WHERE THE DONEE RESIDES.  THE COURT SHALL GIVE SUCH AN  289          

ACTION PRECEDENCE OVER OTHER PENDING ACTIONS.                                   

      (G)  NOTHING IN THIS SECTION SHALL BE CONSTRUED AS           291          

REQUIRING A DONEE TO ACCEPT AN ANATOMICAL GIFT.                    292          

      Sec. 2108.021.  (A)  Every hospital shall develop and        301          

implement a written protocol CONSISTENT WITH 42 C.F.R. SECTION     304          

482.45 for facilitating procurement of anatomical gifts in         305          

consultation with all recovery agencies that work with the         306          

hospital in procuring and realizing anatomical gifts.  The         307          

protocol shall include provisions under which the hospital shall   308          

do all of the following:                                           309          

      (1)  Enter into an agreement with an organ procurement       311          

organization that does all of the following:                       312          

      (a)  Provides for the hospital to give timely notice as      314          

provided in division (B) of this section that an individual's      316          

death is imminent or the individual has died in the hospital;      318          

      (b)  Provides for the organ procurement organization to      320          

determine the medical suitability of the potential donor for       321          

organ donation;                                                                 

      (c)  On notification by the hospital of the death or         323          

imminent death of a potential eye or tissue donor, provides for    324          

the organ procurement organization or third party described in     325          

division (B) of this section to notify in a timely manner the eye  327          

and tissue banks the hospital has agreements with under division   328          

(C) of this section;                                                            

      (d)  Unless an agreement the hospital has entered into with  330          

an eye bank or tissue bank under division (C) of this section      331          

provides for the eye or tissue bank to determine medical           332          

suitability of the potential donor for eye or tissue donation,     333          

provides for the organ procurement organization to determine       334          

                                                          8      


                                                                 
medical suitability of each potential donor for eye and tissue     335          

donations.                                                                      

      (2)  Collaborate with the organ procurement organization to  338          

establish a procedure for requesting organ, eye, or tissue         339          

donations that ensures the family of each potential donor is       340          

notified of the option to donate organs, eyes, or tissues, or to   341          

decline to donate;                                                              

      (3)  Encourage discretion and sensitivity with respect to    343          

the circumstances, opinions, and beliefs of the family of each     344          

potential donor;                                                   345          

      (4)  Cooperate with the organ procurement organization and   347          

an eye bank and a tissue bank to do all of the following:          348          

      (a)  Educate staff on donation issues;                       350          

      (b)  Review death certificates and other records to improve  352          

identification of potential donors;                                353          

      (c)  Maintain the body of each potential donor while         355          

necessary testing and matching of potential donated organs,        356          

tissues, and eyes take place.                                      357          

      (B)  An organ procurement organization, in consultation and  359          

agreement with the eye banks and tissue banks the hospital has     360          

agreements with under division (C) of this section, may designate  361          

a third party to receive the notice required under division        362          

(A)(1)(a) of this section.  If a third party is designated in      364          

accordance with this division, the agreement between the hospital  365          

and the organ procurement organization shall specify that the      367          

notice is to be given to the third party.  If a third party is     368          

not designated in accordance with this division, the agreement     369          

between the hospital and the organ procurement organization shall  370          

require the hospital to give the notice to the organ procurement   371          

organization or a third party designated by the organ procurement  372          

organization.                                                                   

      (C)  Each hospital shall enter into an agreement with at     374          

least one eye bank and at least one tissue bank with which the     375          

hospital will cooperate to retrieve, process, preserve, store,     377          

                                                          9      


                                                                 
and distribute all usable eyes and tissues that have been                       

donated.                                                           378          

      An agreement between a hospital and an eye bank may provide  381          

for the eye bank to determine the medical suitability of each      382          

potential donor for eye donation.  An agreement between a          383          

hospital and a tissue bank may provide for the tissue bank to                   

determine the medical suitability of each potential donor for      384          

tissue donation.                                                   385          

      Nothing in an agreement entered into under this division     387          

shall interfere with the procurement of organs under an agreement  388          

entered into under division (A)(1) of this section.                389          

      Sec. 2108.04.  (A)   An individual eighteen years of age or  398          

older may make an anatomical gift by will under division (A) of    399          

section 2108.02 of the Revised Code.  The anatomical gift becomes  400          

effective upon the death of the testator without waiting for       401          

probate.  If the will is not probated or if it is declared         402          

invalid for testamentary purposes, the anatomical gift, to the     403          

extent that it has been acted upon in good faith, is nevertheless  404          

valid and effective.                                               405          

      (B)(1)  An individual may also make an anatomical gift       407          

under division (A) of section 2108.02 of the Revised Code by a     408          

document other than a will.  The anatomical gift becomes           409          

effective upon the death of the donor.  The document, which may    410          

be a card designed to be carried on the person, shall be signed    411          

by the donor in the presence of two witnesses who shall sign the   412          

document in his THE DONOR'S presence.  If the donor cannot sign,   413          

the document may be signed for him THE DONOR at his THE DONOR'S    415          

direction and in the presence of two witnesses, having no          417          

affiliation with the donee, who shall sign the document in his     418          

THE DONOR'S presence.  Delivery of the document of gift during     420          

the donor's lifetime is not necessary to make the anatomical gift  421          

valid.                                                                          

      (2)  If a person less than eighteen years of age wishes to   423          

make an anatomical gift under division (B)(1) of this section,     424          

                                                          10     


                                                                 
one of the witnesses who signs the document shall be a parent or   425          

guardian of that person.                                           426          

      (C)  An anatomical gift under division (A) of section        428          

2108.02 of the Revised Code may also be made by a designation, to  429          

be provided for on all Ohio driver's or commercial driver's        430          

licenses and motorcycle operator's licenses or endorsements, and   431          

on all identification cards.  The anatomical gift becomes          432          

effective upon the death of the donor.  The holder of the          433          

driver's or commercial driver's license or endorsement, or the     434          

holder of the identification card must sign a statement at the     435          

time of application or renewal of the license, endorsement, or     436          

identification card in the presence of two witnesses, who must     437          

sign the statement in the presence of the donor; except that when  438          

the holder of the license or card is less than eighteen years of   439          

age, one of the witnesses who signs shall be a parent or guardian  440          

of the holder.  Delivery of the license or identification card     441          

during the donor's lifetime is not necessary to make the           442          

anatomical gift valid.  Revocation or, suspension, OR EXPIRATION   444          

of the license or endorsement will not invalidate the anatomical   445          

gift.  The anatomical gift must be renewed upon renewal of each    447          

license, endorsement, or identification card.  If the statement    448          

is ambiguous as to whether a general or specific anatomical gift   449          

is intended by the donor, the statement shall be construed as      450          

evidencing the specific anatomical gift only.                      451          

      (D)   Except as provided in section 2108.07 of the Revised   453          

Code, the donee or other person authorized to accept the           454          

anatomical gift may employ or authorize any surgeon or physician   455          

to carry out the appropriate procedures.                           456          

      (E)  Any anatomical gift by a person specified in division   458          

(B) of section 2108.02 of the Revised Code shall be made in one    459          

of the following ways:                                             460          

      (1)  By a document signed by him THE PERSON;                 462          

      (2)  By telegram;                                            464          

      (3)  By a telephone call in which two persons receive the    466          

                                                          11     


                                                                 
message and one of them prepares written documentation of the      467          

message, or by a telephone call that is recorded mechanically or   468          

electronically.                                                    469          

      (F)  A VALID DECLARATION OF AN ANATOMICAL GIFT MADE UNDER    472          

DIVISION (A), (B), OR (C) OF THIS SECTION PREVAILS OVER ANY        473          

CONTRARY DESIRES OF THE DONOR'S FAMILY REGARDING THE DONOR'S       474          

CORPSE, BUT NOTHING IN THIS SECTION SHALL BE CONSTRUED AS          475          

REQUIRING A DONEE TO ACCEPT AN ANATOMICAL GIFT.                                 

      Sec. 2108.15.  (A)  There is hereby created in the state     484          

treasury the second chance trust fund.  The fund shall consist of  485          

voluntary contributions deposited as provided in sections          486          

4506.081, 4507.231, and 4507.501 of the Revised Code.  All         487          

investment earnings of the fund shall be credited to the fund.     488          

      (B)  The director of health shall use the money in the fund  490          

only for the following purposes:                                   491          

      (A)(1)  Development and implementation of a campaign that    493          

explains and promotes the second chance trust fund;                495          

      (B)(2)  Development and implementation of a LOCAL AND        498          

statewide public education program PROGRAMS about organ, tissue,   499          

and eye donation, including the informational material required    501          

to be provided under sections 4506.081, 4507.231, and 4507.501 of  502          

the Revised Code;                                                               

      (C)(3)  Development and implementation of LOCAL AND          504          

statewide donor awareness programs in secondary schools;           506          

      (D)(4)  Development and implementation of LOCAL AND          508          

statewide programs to recognize donor families;                    510          

      (E)(5)  DEVELOPMENT AND DISTRIBUTION OF MATERIALS PROMOTING  512          

ORGAN, TISSUE, AND EYE DONATION;                                   513          

      (6)  COOPERATION WITH THE OHIO SUPREME COURT, OHIO STATE     516          

BAR ASSOCIATION, AND LAW SCHOOLS OF THIS STATE TO MORE             517          

EFFECTIVELY EDUCATE ATTORNEYS ABOUT THE DONATION OF ANATOMICAL     518          

GIFTS AND TO ENCOURAGE THEM TO ASSIST THEIR CLIENTS IN DONATING    519          

ANATOMICAL GIFTS THROUGH ANATOMICAL GIFT DECLARATIONS, DURABLE     520          

POWERS OF ATTORNEY FOR HEALTH CARE, DECLARATIONS AS DEFINED IN     521          

                                                          12     


                                                                 
SECTION 2133.01 OF THE REVISED CODE, WILLS, AND ANY OTHER          522          

APPROPRIATE MEANS;                                                              

      (7)  COOPERATION WITH THE STATE MEDICAL BOARD, STATE         524          

MEDICAL, OSTEOPATHIC, AND OPTHALMOLOGICAL ASSOCIATIONS, AND        525          

COLLEGES OF MEDICINE AND OSTEOPATHIC MEDICINE IN THIS STATE TO     526          

MORE EFFECTIVELY EDUCATE PHYSICIANS ABOUT THE DONATION OF          527          

ANATOMICAL GIFTS AND TO ENCOURAGE THEM TO ASSIST THEIR PATIENTS    528          

IN MAKING DECLARATIONS OF ANATOMICAL GIFTS;                        529          

      (8)  DEVELOPMENT AND INITIAL IMPLEMENTATION OF THE DONOR     531          

REGISTRY ESTABLISHED PURSUANT TO SECTION 2108.18 OF THE REVISED    532          

CODE, EXCEPT THAT THE TOTAL AMOUNT EXPENDED SHALL NOT EXCEED ONE   533          

HUNDRED FIFTY THOUSAND DOLLARS;                                                 

      (9)  Development of statewide hospital training programs to  535          

encourage and facilitate compliance with the provisions of         536          

section 2108.021 of the Revised Code concerning circumstances      537          

under which an anatomical gift is required to be requested;        538          

      (F)(10)  Reimbursement of the bureau of motor vehicles for   541          

the administrative costs incurred in the performance of duties     542          

under sections 4506.081, 4507.231, and 4507.501 of the Revised     543          

Code.;                                                                          

      (G)  Payment of the compensation of a staff member of the    545          

department of health for the staff member's time spent monitoring  546          

hospital compliance with sections 2108.01 to 2108.09 of the        547          

Revised Code;                                                                   

      (H)  Until December 31, 2000, reimbursement (11)             550          

REIMBURSEMENT OF THE DEPARTMENT OF HEALTH FOR ADMINISTRATIVE       551          

COSTS INCURRED IN THE PERFORMANCE OF DUTIES UNDER THIS SECTION     552          

AND SECTION 2108.17 OF THE REVISED CODE;                           553          

      (12)  REIMBURSEMENT of board members OF THE SECOND CHANCE    556          

FUND ADVISORY COMMITTEE for actual and necessary expenses          557          

incurred in the performance of official duties.                                 

      Until December 31, 2000, the (C)  THE DIRECTOR SHALL MAKE    560          

THE MATERIALS DEVELOPED UNDER DIVISION (B)(5) OF THIS SECTION      561          

AVAILABLE TO OTHER STATE AGENCIES.                                 562          

                                                          13     


                                                                 
      (D)  THE director shall consider recommendations made by     565          

the second chance trust fund board ADVISORY COMMITTEE pursuant to  566          

section 2108.16 2108.17 of the Revised Code.  Until December 31,   567          

2000, the THE director shall determine the appropriateness of and  570          

approve or disapprove projects recommended by the board ADVISORY   571          

COMMITTEE for funding.  On and after December 31, 2000, the        573          

director shall determine the appropriateness of and approve or     574          

disapprove projects.  The director shall AND approve or            575          

disapprove the disbursement of money from the second chance trust  577          

fund.                                                                           

      Sec. 2108.17.  (A)  THERE IS HEREBY CREATED WITHIN THE       579          

DEPARTMENT OF HEALTH THE SECOND CHANCE TRUST FUND ADVISORY         581          

COMMITTEE, CONSISTING OF ELEVEN MEMBERS.  THE MEMBERS SHALL        582          

INCLUDE THE FOLLOWING:                                                          

      (1)  THE CHAIRS OF THE STANDING COMMITTEES OF THE HOUSE OF   584          

REPRESENTATIVES AND SENATE WITH PRIMARY RESPONSIBILITIES FOR       585          

HEALTH LEGISLATION;                                                             

      (2)  ONE REPRESENTATIVE OF EACH OF THE FOLLOWING APPOINTED   588          

BY THE DIRECTOR OF HEALTH:                                                      

      (a)  AN OHIO ORGAN PROCUREMENT ORGANIZATION THAT IS A        591          

MEMBER OF THE ORGAN PROCUREMENT AND TRANSPLANTATION NETWORK;       593          

      (b)  AN OHIO TISSUE BANK THAT IS AN ACCREDITED MEMBER OF     596          

THE AMERICAN ASSOCIATION OF TISSUE BANKS AND IS NOT AFFILIATED     597          

WITH AN ORGAN PROCUREMENT ORGANIZATION;                                         

      (c)  AN OHIO EYE BANK THAT IS CERTIFIED BY THE EYE BANK      600          

ASSOCIATION OF AMERICA AND IS NOT AFFILIATED WITH AN ORGAN         601          

PROCUREMENT ORGANIZATION;                                                       

      (d)  THE OHIO SOLID ORGAN TRANSPLANTATION CONSORTIUM;        603          

      (e)  THE OHIO HOSPITAL ASSOCIATION;                          605          

      (f)  THE DEPARTMENT OF HEALTH.                               607          

      (3)  EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION,     609          

THREE MEMBERS OF THE PUBLIC APPOINTED BY THE DIRECTOR WHO ARE NOT  610          

AFFILIATED WITH RECOVERY AGENCIES.                                 611          

      (B)  NO TWO MEMBERS APPOINTED UNDER DIVISIONS (A)(2)(a),     614          

                                                          14     


                                                                 
(b), AND (c) OF THIS SECTION SHALL BE FROM THE SAME ORGAN          615          

PROCUREMENT AND DISTRIBUTION SERVICE AREA DESIGNATED BY THE        616          

UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES.              617          

      (C)  OF THE MEMBERS FIRST APPOINTED UNDER DIVISION (A)(2)    619          

OF THIS SECTION, THE REPRESENTATIVES OF THE ORGAN PROCUREMENT      621          

ORGANIZATION, TISSUE PROCUREMENT ORGANIZATION, AND EYE BANK SHALL  622          

SERVE TERMS OF THREE YEARS; THE REPRESENTATIVES OF THE DEPARTMENT  624          

OF HEALTH AND OHIO SOLID ORGAN TRANSPLANTATION CONSORTIUM SHALL    625          

SERVE TERMS OF TWO YEARS; AND THE MEMBER REPRESENTING THE OHIO     626          

HOSPITAL ASSOCIATION SHALL SERVE A TERM OF ONE YEAR.  THEREAFTER,  628          

ALL MEMBERS SHALL SERVE TERMS OF THREE YEARS.                      629          

      (D)  THE MEMBERS INITIALLY APPOINTED UNDER DIVISION (A)(3)   632          

OF THIS SECTION SHALL BE REPRESENTATIVES OF THE FOLLOWING:                      

      (1)  AN ORGAN PROCUREMENT ORGANIZATION IN OHIO DESIGNATED    634          

BY THE UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES THAT   635          

IS NOT REPRESENTED BY THE APPOINTMENT UNDER DIVISION (A)(2)(a) OF  638          

THIS SECTION;                                                                   

      (2)  AN OHIO TISSUE BANK THAT IS AN ACCREDITED MEMBER OF     640          

THE AMERICAN ASSOCIATION OF TISSUE BANKS, NOT AFFILIATED WITH AN   641          

ORGAN PROCUREMENT ORGANIZATION, AND NOT REPRESENTED BY THE         642          

APPOINTMENT UNDER DIVISION (A)(2)(b) OF THIS SECTION;              643          

      (3)  AN OHIO EYE BANK THAT IS CERTIFIED BY THE EYE BANK      645          

ASSOCIATION OF AMERICA, NOT AFFILIATED WITH AN ORGAN PROCUREMENT   646          

ORGANIZATION, AND NOT REPRESENTED BY THE APPOINTMENT UNDER         648          

DIVISION (A)(2)(c) OF THIS SECTION.                                649          

      THE THREE MEMBERS SHALL SERVE UNTIL THE PROPOSED RULES       652          

UNDER SECTION 2108.18 OF THE REVISED CODE ARE FORMULATED.  AFTER   653          

THE INITIAL APPOINTMENTS, THE DIRECTOR SHALL APPOINT THREE         654          

MEMBERS OF THE PUBLIC WHO ARE NOT AFFILIATED WITH RECOVERY         655          

AGENCIES TO SERVE TERMS OF THREE YEARS.                            656          

      (E)  NO INDIVIDUAL APPOINTED UNDER DIVISION (A)(2) OR (3)    658          

OF THIS SECTION SHALL SERVE MORE THAN TWO CONSECUTIVE TERMS,       659          

REGARDLESS OF WHETHER THE TERMS WERE FULL OR PARTIAL TERMS.  EACH  661          

MEMBER SHALL SERVE FROM THE DATE OF APPOINTMENT UNTIL THE                       

                                                          15     


                                                                 
MEMBER'S SUCCESSOR IS APPOINTED.  ALL VACANCIES ON THE COMMITTEE   662          

SHALL BE FILLED FOR THE BALANCE OF THE UNEXPIRED TERM IN THE SAME  663          

MANNER AS THE ORIGINAL APPOINTMENT.                                664          

      (F)  THE COMMITTEE SHALL ANNUALLY ELECT A CHAIRPERSON FROM   666          

AMONG ITS MEMBERS AND SHALL ESTABLISH PROCEDURES FOR THE           668          

GOVERNANCE OF ITS OPERATIONS.  THE COMMITTEE SHALL MEET AT LEAST   669          

SEMIANNUALLY.  IT SHALL SUBMIT AN ANNUAL REPORT OF ITS ACTIVITIES  670          

AND RECOMMENDATIONS TO THE DIRECTOR OF HEALTH.                     671          

      (G)  COMMITTEE MEMBERS SHALL SERVE WITHOUT COMPENSATION,     673          

BUT SHALL BE REIMBURSED FROM THE SECOND CHANCE TRUST FUND FOR ALL  675          

ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF                    

OFFICIAL DUTIES.                                                   676          

      (H)  THE COMMITTEE SHALL DO ALL OF THE FOLLOWING:            678          

      (1)  MAKE RECOMMENDATIONS TO THE DIRECTOR OF HEALTH FOR      680          

PROJECTS FOR FUNDING FROM THE SECOND CHANCE TRUST FUND;            681          

      (2)  CONSULT WITH THE REGISTRAR OF MOTOR VEHICLES IN         684          

FORMULATING PROPOSED RULES UNDER DIVISION (C)(1) OF SECTION        685          

2108.18 OF THE REVISED CODE;                                                    

      (3)  AS REQUESTED, CONSULT WITH THE REGISTRAR OR DIRECTOR    687          

ON OTHER MATTERS RELATED TO ORGAN DONATION.                        688          

      (I)  THE COMMITTEE IS NOT SUBJECT TO SECTION 101.84 OF THE   690          

REVISED CODE.                                                                   

      Sec. 2108.18.  (A)  THE BUREAU OF MOTOR VEHICLES SHALL       692          

DEVELOP AND MAINTAIN A DONOR REGISTRY THAT IDENTIFIES EACH         693          

INDIVIDUAL WHO HAS AGREED TO MAKE AN ANATOMICAL GIFT BY A          696          

DESIGNATION ON A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR        697          

MOTORCYCLE OPERATOR'S LICENSE OR ENDORSEMENT AS PROVIDED IN        698          

DIVISION (C) OF SECTION 2108.04 OF THE REVISED CODE.  THE          699          

REGISTRY SHALL BE FULLY OPERATIONAL NOT LATER THAN JULY 1, 2002.   700          

      (B)  THE BUREAU SHALL MAINTAIN THE REGISTRY IN A MANNER      702          

THAT PROVIDES TO ORGAN PROCUREMENT ORGANIZATIONS, TISSUE BANKS,    703          

AND EYE BANKS IMMEDIATE ACCESS TO THE INFORMATION IN THE REGISTRY  705          

TWENTY-FOUR HOURS A DAY AND SEVEN DAYS A WEEK.                     706          

      (C)(1)  THE REGISTRAR OF MOTOR VEHICLES, IN CONSULTATION     709          

                                                          16     


                                                                 
WITH THE DIRECTOR OF HEALTH AND THE SECOND CHANCE TRUST FUND       710          

ADVISORY COMMITTEE CREATED UNDER SECTION 2108.17 OF THE REVISED                 

CODE, SHALL FORMULATE PROPOSED RULES THAT SPECIFY ALL OF THE       712          

FOLLOWING:                                                                      

      (a)  THE INFORMATION TO BE INCLUDED IN THE REGISTRY;         714          

      (b)  A PROCESS, IN ADDITION TO THAT PROVIDED FOR IN SECTION  717          

2108.06 OF THE REVISED CODE, FOR AN INDIVIDUAL TO REVOKE THE       718          

INDIVIDUAL'S INTENT TO MAKE AN ANATOMICAL GIFT AND FOR UPDATING    719          

INFORMATION IN THE REGISTRY;                                                    

      (c)  HOW THE REGISTRY WILL BE MADE AVAILABLE TO ORGAN        721          

PROCUREMENT ORGANIZATIONS, TISSUE BANKS, AND EYE BANKS;            722          

      (d)  LIMITATIONS ON THE USE OF AND ACCESS TO THE REGISTRY;   724          

      (e)  HOW INFORMATION ON ORGAN, TISSUE, AND EYE DONATION      726          

WILL BE DEVELOPED AND DISSEMINATED TO THE PUBLIC BY THE BUREAU     727          

AND THE DEPARTMENT OF HEALTH;                                      728          

      (f)  ANYTHING ELSE THE REGISTRAR CONSIDERS APPROPRIATE.      730          

      (2)  IN FORMULATING THE PROPOSED RULES UNDER THIS DIVISION,  733          

THE REGISTRAR MAY CONSULT WITH ANY PERSON OR ENTITY THAT           734          

EXPRESSES AN INTEREST IN THE MATTERS TO BE DEALT WITH IN THE       735          

RULES.                                                                          

      (3)  FOLLOWING FORMULATION OF THE PROPOSED RULES, BUT NOT    737          

LATER THAN JANUARY 1, 2002, THE REGISTRAR SHALL ADOPT RULES IN     739          

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.                               

      (D)  THE COSTS OF DEVELOPING AND INITIALLY IMPLEMENTING THE  742          

REGISTRY SHALL BE PAID FROM THE SECOND CHANCE TRUST FUND CREATED   743          

IN SECTION 2108.15 OF THE REVISED CODE.                            744          

      Sec. 2108.19.  THE BUREAU OF MOTOR VEHICLES SHALL MAINTAIN   746          

A TOLL-FREE TELEPHONE NUMBER AVAILABLE TWENTY-FOUR HOURS A DAY     747          

THAT THE PUBLIC MAY USE TO OBTAIN INFORMATION ON BECOMING AN       748          

ORGAN, TISSUE, OR EYE DONOR AS PROVIDED IN SECTION 2108.04 OF THE  749          

REVISED CODE.  THE BUREAU OF MOTOR VEHICLES SHALL PAY THE COSTS    751          

OF MAINTAINING THE TOLL-FREE TELEPHONE NUMBER.                     752          

      Sec. 2108.20.  THE BUREAU OF MOTOR VEHICLES, REGISTRAR OF    754          

MOTOR VEHICLES, DEPUTY REGISTRARS OF MOTOR VEHICLES, AND AGENTS    755          

                                                          17     


                                                                 
AND EMPLOYEES OF THE BUREAU OF MOTOR VEHICLES ARE NOT LIABLE FOR   756          

DAMAGES IN ANY CIVIL ACTION OR SUBJECT TO PROSECUTION IN A         757          

CRIMINAL PROCEEDING FOR ACTING, ATTEMPTING TO ACT, OR FAILING TO   758          

ACT IN ACCORDANCE WITH SECTION 2108.18, 2108.19, OR 4501.024 OF                 

THE REVISED CODE, UNLESS THE ACT, ATTEMPT, OR OMISSION WAS         760          

COMMITTED OR OMITTED WITH MALICIOUS PURPOSE, IN BAD FAITH, OR IN   761          

A WANTON OR RECKLESS MANNER.                                                    

      Sec. 3301.07.  The state board of education shall exercise   770          

under the acts of the general assembly general supervision of the  771          

system of public education in the state.  In addition to the       772          

powers otherwise imposed on the state board under the provisions   773          

of law, the board shall have the following powers:                 774          

      (A)  Exercise policy forming, planning, and evaluative       776          

functions for the public schools of the state, and for adult       777          

education, except as otherwise provided by law;                    778          

      (B)  Exercise leadership in the improvement of public        780          

education in this state, and administer the educational policies   781          

of this state relating to public schools, and relating to          782          

instruction and instructional material, building and equipment,    783          

transportation of pupils, administrative responsibilities of       784          

school officials and personnel, and finance and organization of    785          

school districts, educational service centers, and territory.      786          

Consultative and advisory services in such matters shall be        787          

provided by the board to school districts and educational service  788          

centers of this state.  The board also shall develop a standard    789          

of financial reporting which shall be used by all school                        

districts and educational service centers to make their financial  790          

information available to the public in a format understandable by  792          

the average citizen and provide year-to-year comparisons for at    793          

least five years.  The format shall show, among other things,      794          

district and educational service center revenue by source;         795          

expenditures for salaries, wages, and benefits of employees,       796          

showing such amounts separately for classroom teachers, other      797          

employees required to hold licenses issued pursuant to sections    798          

                                                          18     


                                                                 
3319.22 to 3319.31 of the Revised Code, and all other employees;   799          

expenditures other than for personnel, by category, including      800          

utilities, textbooks and other educational materials, equipment,   801          

permanent improvements, pupil transportation, extracurricular      802          

athletics, and other extracurricular activities; and per pupil     803          

expenditures.                                                                   

      (C)  Administer and supervise the allocation and             805          

distribution of all state and federal funds for public school      806          

education under the provisions of law, and may prescribe such      807          

systems of accounting as are necessary and proper to this          808          

function.  It may require county auditors and treasurers, boards   809          

of education, educational service center governing boards,         810          

treasurers of such boards, teachers, and other school officers     812          

and employees, or other public officers or employees, to file      813          

with it such reports as it may prescribe relating to such funds,   814          

or to the management and condition of such funds.                  815          

      (D)  Formulate and prescribe minimum standards to be         817          

applied to all elementary and secondary schools in this state for  818          

the purpose of requiring a general education of high quality.      819          

Such standards shall provide adequately for:  a curriculum         820          

sufficient to meet the needs of pupils in every community;         821          

locally developed competency programs; the licensing of teachers,  823          

administrators, and other professional personnel and their         824          

assignment according to training and qualifications; efficient     825          

and effective instructional materials and equipment, including     826          

library facilities; the proper organization, administration, and   827          

supervision of each school, including regulations for preparing    828          

all necessary records and reports and the preparation of a         829          

statement of policies and objectives for each school; buildings,   830          

grounds, health and sanitary facilities and services; admission    831          

of pupils, and such requirements for their promotion from grade    832          

to grade as will assure that they are capable and prepared for     833          

the level of study to which they are certified; requirements for   834          

graduation; and such other factors as the board finds necessary.   835          

                                                          19     


                                                                 
      In the formulation and administration of such standards for  837          

nonpublic schools the board shall also consider the particular     838          

needs, methods and objectives of those schools, provided they do   839          

not conflict with the provision of a general education of a high   840          

quality and provided that regular procedures shall be followed     841          

for promotion from grade to grade of pupils who have met the       842          

educational requirements prescribed.                               843          

      (E)  Formulate and prescribe minimum standards for driver    845          

education courses conducted at high schools in the state or by     846          

educational service centers or joint vocational school district    847          

boards of education.  In the formulation of standards for driver   848          

education courses, the board shall call upon the director of       849          

public safety for advice and assistance.  The standards shall      850          

require twenty-four hours of classroom instruction, and eight      851          

hours of actual behind-the-wheel instruction conducted on public   852          

streets and highways of this state, but shall not require any      853          

additional hours of observation within a vehicle.  The board                    

shall require energy conservation information as part of the       855          

driver education curriculum.  Such information shall include, but  856          

need not be limited to, the identification of inefficient driving  857          

techniques and improper maintenance as they relate to decreased    858          

gas mileage, information regarding the costs and benefits of       859          

different modes of travel, and information concerning relative     860          

fuel economy and life-cycle costs of new automobile purchases.     861          

The board also shall require financial responsibility information  862          

as part of the driver education curriculum.  THE BOARD ALSO MAY    863          

REQUIRE AS PART OF THE HEALTH AND DRIVER EDUCATION CURRICULA       864          

INFORMATION DEVELOPED UNDER SECTION 2108.15 OF THE REVISED CODE    865          

PROMOTING THE DONATION OF ANATOMICAL GIFTS PURSUANT TO CHAPTER                  

2108. OF THE REVISED CODE AND PROVIDE THE INFORMATION TO HIGH      866          

SCHOOLS, EDUCATIONAL SERVICE CENTERS, AND JOINT VOCATIONAL SCHOOL  867          

DISTRICT BOARDS OF EDUCATION.                                                   

      (F)  Prepare and submit annually to the governor and the     869          

general assembly a report on the status, needs, and major          870          

                                                          20     


                                                                 
problems of the public schools of the state, with recommendations  871          

for necessary legislative action and a ten-year projection of the  872          

state's public and nonpublic school enrollment, by year and by     873          

grade level;                                                       874          

      (G)  Prepare and submit to the director of budget and        876          

management the biennial budgetary requests of the state board of   877          

education, for its agencies and for the public schools of the      878          

state;                                                             879          

      (H)  Cooperate with federal, state, and local agencies       881          

concerned with the health and welfare of children and youth of     882          

the state;                                                         883          

      (I)  Require such reports from school districts and          885          

educational service centers, school officers, and employees as     887          

are necessary and desirable.  The superintendents and treasurers   888          

of school districts and educational service centers shall certify  889          

as to the accuracy of all reports required by law or state board   890          

or state department of education rules to be submitted by the      891          

district or educational service center and which contain           892          

information necessary for calculation of state funding.  Any       893          

superintendent who knowingly falsifies such report shall be        894          

subject to license revocation pursuant to section 3319.31 of the   895          

Revised Code.                                                                   

      (J)  In accordance with Chapter 119. of the Revised Code,    897          

adopt procedures, standards, and guidelines for the education of   898          

handicapped children pursuant to Chapter 3323. of the Revised      899          

Code, including procedures, standards, and guidelines governing    900          

programs and services operated by county boards of mental          901          

retardation and developmental disabilities pursuant to section     902          

3323.09 of the Revised Code;                                       903          

      (K)  For the purpose of encouraging the development of       905          

special programs of education for academically gifted children,    906          

employ competent persons to analyze and publish data, promote      907          

research, advise and counsel with boards of education, and         908          

encourage the training of teachers in the special instruction of   909          

                                                          21     


                                                                 
gifted children.  The board may provide financial assistance out   910          

of any funds appropriated for this purpose to boards of education  911          

and educational service center governing boards for developing     913          

and conducting programs of education for academically gifted       914          

children.                                                                       

      (L)  Require that all public schools emphasize and           916          

encourage, within existing units of study, the teaching of energy  917          

and resource conservation, beginning in the primary grades;        918          

      (M)  Formulate and prescribe minimum standards requiring     920          

the use of phonics as a technique in the teaching of reading in    921          

grades kindergarten through three.  In addition, the state board   922          

shall provide in-service training programs for teachers on the     923          

use of phonics as a technique in the teaching of reading in        924          

grades kindergarten through three.                                 925          

      (N)  Develop and modify as necessary a state plan for        927          

technology to encourage and promote the use of technological       928          

advancements in educational settings.                              929          

      The board may adopt rules necessary for carrying out any     931          

function imposed on it by law, and may provide rules as are        932          

necessary for its government and the government of its employees,  933          

and may delegate to the superintendent of public instruction the   934          

management and administration of any function imposed on it by     935          

law.  It may provide for the appointment of board members to       936          

serve on temporary committees established by the board for such    937          

purposes as are necessary.  Permanent or standing committees       938          

shall not be created.                                              939          

      Sec. 4501.024.  THE BUREAU OF MOTOR VEHICLES SHALL DO BOTH   941          

OF THE FOLLOWING:                                                  942          

      (A)  DEVELOP AND MAINTAIN A DONOR REGISTRY AS REQUIRED BY    944          

SECTION 2108.18 OF THE REVISED CODE;                               945          

      (B)  MAINTAIN A TOLL-FREE TELEPHONE NUMBER AS SPECIFIED IN   947          

SECTION 2108.19 OF THE REVISED CODE.                               948          

      Sec. 4717.17.  A FUNERAL DIRECTOR MAY DESIGNATE IN WRITING   950          

AN EYE BANK, TISSUE BANK, OR BOTH WITH WHICH THE FUNERAL DIRECTOR  951          

                                                          22     


                                                                 
WILL COOPERATE CONCERNING RETRIEVAL OF USABLE EYES AND TISSUES     952          

THAT HAVE BEEN DONATED.                                            953          

      AN EYE OR TISSUE BANK DESIGNATED UNDER THIS SECTION HAS THE  955          

PROPERTY RIGHT SPECIFIED IN SECTION 2108.02 OF THE REVISED CODE.   957          

      A FUNERAL DIRECTOR ACTING IN GOOD FAITH IS NOT LIABLE IN     959          

DAMAGES FOR INJURY RESULTING FROM ACTING OR ATTEMPTING TO ACT IN   960          

ACCORDANCE WITH THE DONOR'S DECLARATION UNDER SECTION 2108.04 OF   961          

THE REVISED CODE OF AN ANATOMICAL GIFT.                            963          

      Section 2.  That existing sections 124.04, 2108.01,          965          

2108.02, 2108.021, 2108.04, 2108.15, and 3301.07 and section       966          

2108.022 of the Revised Code are hereby repealed.                  967          

      Section 3.  (A)  There is hereby created the Organ Donor     969          

Task Force.  The task force shall consist of the following         970          

members:                                                                        

      (1)  The chairs of the standing committees of the House of   972          

Representatives and Senate with primary responsibility for health  973          

legislation;                                                                    

      (2)  A representative of the Ohio State Bar Association;     975          

      (3)  Three persons appointed by the President of the Senate  977          

who are not members of the General Assembly;                       978          

      (4)  Three persons appointed by the Speaker of the House of  980          

Representatives who are not members of the General Assembly.       982          

      (B)  The task force shall do all of the following:           984          

      (1)  Recommend a form for expressing the intent to make an   986          

anatomical gift as provided in division (C) of section 2108.04 of  987          

the Revised Code, to be distributed by the Bureau of Motor         988          

Vehicles;                                                                       

      (2)  Recommend changes to the documents of gift set forth    990          

in section 2108.10 of the Revised Code to ensure that they are     991          

suited to carrying out their intended purposes;                    992          

      (3)  Research the possibility of electronically connecting   994          

the donor registry developed under section 2108.18 of the Revised  995          

Code to donor registries outside Ohio;                             996          

      (4)  Research the procedures used by a funeral director and  998          

                                                          23     


                                                                 
an individual authorized to remove organs, tissue, or eyes         999          

insofar as the procedures used by one could interfere with those   1,000        

used by the other;                                                 1,001        

      (5)  Recommend, based on findings under division (B)(2) of   1,003        

this section, methods to facilitate cooperation between funeral    1,004        

directors and individuals authorized to remove organs, tissue, or  1,005        

eyes so as to permit them to carry out their proper functions.     1,006        

      (C)  In making its recommendations, the task force shall     1,009        

consider that the form may be distributed by the Bureau of Motor                

Vehicles in conjunction with an application for a driver's         1,011        

license or motorcycle operator's license.  The task force shall    1,012        

also consider and make recommendations concerning how the form                  

may be made available to hospitals and recovery agencies.          1,013        

      (D)  The task force shall, not later than September 1,       1,015        

2001, submit a report of its recommendations and research to the   1,016        

Speaker of the House of Representatives and the President of the   1,017        

Senate.  On submission of its final report, the task force shall   1,018        

cease to exist.                                                                 

      (E)  Members of the task force shall serve without           1,020        

compensation but may be reimbursed for their actual and necessary  1,021        

expenses in performing the official duties of the task force.      1,022        

      Section  4.  This act is hereby declared to be an emergency  1,024        

measure necessary for the immediate preservation of the public     1,025        

peace, health, and safety.  The reason for the emergency is that   1,026        

thousands of Ohioans currently await life-saving or                1,027        

life-enhancing organ, tissue, or eye transplants.  A single donor  1,028        

can impact dozens of lives, and this act is intended to increase   1,029        

the incidence of organ, tissue, and eye donation.  Therefore,      1,030        

this act shall go into immediate effect.                           1,031