Bill Text: NY A00971 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires that space be provided on applications for the practice of a profession or occupation, state income tax returns, and applications to register a motor vehicle, for the applicant to register in the "donate life registry" for organ, eye and tissue donation established pursuant to section 4310 of the public health law.
Spectrum: Moderate Partisan Bill (Democrat 12-3)
Status: (Introduced - Dead) 2020-01-08 - referred to health [A00971 Detail]
Download: New_York-2019-A00971-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 971 2019-2020 Regular Sessions IN ASSEMBLY January 14, 2019 ___________ Introduced by M. of A. SIMOTAS, DINOWITZ, ORTIZ, BUCHWALD, O'DONNELL, QUART, LUPARDO, BRAUNSTEIN, RAIA, PALMESANO, CRESPO, HEVESI, HUNTER -- Multi-Sponsored by -- M. of A. STEC -- read once and referred to the Committee on Health AN ACT to amend the public health law, the education law, the tax law, the vehicle and traffic law, the judiciary law and the executive law, in relation to requiring certain state forms and applications to include space for registering in the "donate life registry" for organ, eye and tissue donations; and to repeal certain provisions of the public health law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 5 of section 4310 of the 2 public health law, as separately amended by chapters 40 and 248 of the 3 laws of 2016, is amended to read as follows: 4 (a) Such organ, eye and tissue registration of consent to make an 5 anatomical gift can be made through: (i) indication made on the applica- 6 tion or renewal form of a driver's license, (ii) indication made on a 7 non-driver identification card application or renewal form, (iii) indi- 8 cation made on a voter registration form pursuant to subdivision five of 9 section 5-210 of the election law, (iv) indication made on the applica- 10 tion for health care coverage offered through the state health benefit 11 exchange, (v) enrollment through the donate life registry website, (vi) 12 paper enrollment submitted to the donate life registry, [or] (vii) indi- 13 cation made on application for a certificate, license or registration 14 issued pursuant to article sixty-one of the education law, (viii) indi- 15 cation made on an application to practice a profession pursuant to title 16 eight of the education law, (ix) indication made on a personal income 17 tax return, (x) indication made on an application for registration or 18 renewal thereof of a motor vehicle, (xi) indication made on an applica- 19 tion for admission to practice or on a biennial registration form pursu- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01400-01-9A. 971 2 1 ant to section four hundred sixty-four or four hundred sixty-eight-a of 2 the judiciary law, (xii) indication made on an application to conduct a 3 profession or occupation which is licensed or registered by the depart- 4 ment of state, or (xiii) through any other method identified by the 5 commissioner. The department shall establish a means by which to regis- 6 ter the consent given by individuals who are sixteen or seventeen years 7 of age in the donate life registry, and shall make registration avail- 8 able by any of the methods provided in subparagraphs (i), (ii), (iii), 9 (iv), (v) [and], (vi), (vii), (viii), (ix), (x), (xi), (xii) and (xiii) 10 of this paragraph. 11 § 2. Paragraphs (b) and (c) of subdivision 5 of section 4310 of the 12 public health law are REPEALED and a new paragraph (b) is added to read 13 as follows: 14 (b) Enrollment or amendment or revocation through the donate life 15 registry website through any of the means listed in this subdivision may 16 be signed by electronic signature, in accordance with the provisions of 17 article three of the state technology law, supported by the use of suit- 18 able mechanisms including unique identifiers to provide confidence in 19 the identity of the person providing the electronic signature. The 20 registration shall take effect upon the provision of written or elec- 21 tronic notice of the registration to the individual enrolling in the 22 donate life registry. 23 § 3. Paragraphs (d), (e) and (f) of subdivision 5 of section 4310 of 24 the public health law are relettered paragraphs (c), (d) and (e). 25 § 4. Subdivision 1 of section 206 of the public health law is amended 26 by adding six new paragraphs (w), (x), (y), (z), (aa) and (bb) to read 27 as follows: 28 (w) require, in consultation and cooperation with the commissioner of 29 education, that every individual applying for a certificate, license or 30 registration issued pursuant to article sixty-one of the education law, 31 be provided space so that such applicant may register in the "donate 32 life registry" for organ, eye and tissue donations under section forty- 33 three hundred ten of this chapter with the following stated in clear 34 conspicuous type: "Would you like to be added to the Donate Life Regis- 35 try? Check box for 'yes' or 'skip this question'". The commissioner 36 shall not maintain records of any person who checks "skip this ques- 37 tion". Except where the application is made in person or electronically, 38 failure to check a box shall not impair the validity of an application, 39 and failure to check "yes" or checking "skip this question" shall not be 40 construed to imply a wish not to donate. In the case of an applicant 41 under sixteen years of age, checking "yes" shall not constitute consent 42 to make an anatomical gift or registration in the donate life registry. 43 Where an applicant has previously consented to make an anatomical gift 44 or registered in the donate life registry, checking "skip this question" 45 or failing to check a box shall not impair that consent or registration. 46 (x) require, in consultation and cooperation with the commissioner of 47 education, that every individual applying to practice a profession 48 pursuant to title eight of the education law, be provided space so that 49 such applicant may register in the "donate life registry" for organ, eye 50 and tissue donations under section forty-three hundred ten of this chap- 51 ter with the following stated in clear conspicuous type: "Would you like 52 to be added to the Donate Life Registry? Check box for 'yes' or 'skip 53 this question'". The commissioner shall not maintain records of any 54 person who checks "skip this question". Except where the application is 55 made in person or electronically, failure to check a box shall not 56 impair the validity of an application, and failure to check "yes" orA. 971 3 1 checking "skip this question" shall not be construed to imply a wish not 2 to donate. In the case of an applicant under sixteen years of age, 3 checking "yes" shall not constitute consent to make an anatomical gift 4 or registration in the donate life registry. Where an applicant has 5 previously consented to make an anatomical gift or registered in the 6 donate life registry, checking "skip this question" or failing to check 7 a box shall not impair that consent or registration. 8 (y) require, in consultation and cooperation with the department of 9 taxation and finance, that every individual filing a personal income tax 10 return be provided space so that such applicant may register in the 11 "donate life registry" for organ, eye and tissue donations under section 12 forty-three hundred ten of this chapter with the following stated in 13 clear conspicuous type: "Would you like to be added to the Donate Life 14 Registry? Check box for 'yes' or 'skip this question'". The commissioner 15 shall not maintain records of any person who checks "skip this ques- 16 tion". Except where the application is made in person or electronically, 17 failure to check a box shall not impair the validity of an application, 18 and failure to check "yes" or checking "skip this question" shall not be 19 construed to imply a wish not to donate. In the case of an applicant 20 under sixteen years of age, checking "yes" shall not constitute consent 21 to make an anatomical gift or registration in the donate life registry. 22 Where an applicant has previously consented to make an anatomical gift 23 or registered in the donate life registry, checking "skip this question" 24 or failing to check a box shall not impair that consent or registration. 25 (z) require, in consultation and cooperation with the commissioner of 26 motor vehicles, that every individual applying for a registration or 27 renewal thereof of a motor vehicle be provided space so that such appli- 28 cant may register in the "donate life registry" for organ, eye and 29 tissue donations under section forty-three hundred ten of this chapter 30 with the following stated in clear conspicuous type: "Would you like to 31 be added to the Donate Life Registry? Check box for 'yes' or 'skip this 32 question'". The commissioner shall not maintain records of any person 33 who checks "skip this question". Except where the application is made in 34 person or electronically, failure to check a box shall not impair the 35 validity of an application, and failure to check "yes" or checking "skip 36 this question" shall not be construed to imply a wish not to donate. In 37 the case of an applicant under sixteen years of age, checking "yes" 38 shall not constitute consent to make an anatomical gift or registration 39 in the donate life registry. Where an applicant has previously consented 40 to make an anatomical gift or registered in the donate life registry, 41 checking "skip this question" or failing to check a box shall not impair 42 that consent or registration. 43 (aa) require, in consultation and cooperation with the state board of 44 law examiners, that every individual applying for admission to practice 45 or on a biennial registration form pursuant to section four hundred 46 sixty-four or four hundred sixty-eight-a of the judiciary law, be 47 provided space so that such applicant may register in the "donate life 48 registry" for organ, eye and tissue donations under section forty-three 49 hundred ten of this chapter with the following stated in clear conspicu- 50 ous type: "Would you like to be added to the Donate Life Registry? Check 51 box for 'yes' or 'skip this question'". The commissioner shall not main- 52 tain records of any person who checks "skip this question". Except where 53 the application is made in person or electronically, failure to check a 54 box shall not impair the validity of an application, and failure to 55 check "yes" or checking "skip this question" shall not be construed to 56 imply a wish not to donate. In the case of an applicant under sixteenA. 971 4 1 years of age, checking "yes" shall not constitute consent to make an 2 anatomical gift or registration in the donate life registry. Where an 3 applicant has previously consented to make an anatomical gift or regis- 4 tered in the donate life registry, checking "skip this question" or 5 failing to check a box shall not impair that consent or registration. 6 (bb) require, in consultation and cooperation with the secretary of 7 state, that every individual applying to conduct a profession or occupa- 8 tion which is licensed or registered by the department of state be 9 provided space so that such applicant may register in the "donate life 10 registry" for organ, eye and tissue donations under section forty-three 11 hundred ten of this chapter with the following stated in clear conspicu- 12 ous type: "Would you like to be added to the Donate Life Registry? Check 13 box for 'yes' or 'skip this question'". The commissioner shall not main- 14 tain records of any person who checks "skip this question". Except where 15 the application is made in person or electronically, failure to check a 16 box shall not impair the validity of an application, and failure to 17 check "yes" or checking "skip this question" shall not be construed to 18 imply a wish not to donate. In the case of an applicant under sixteen 19 years of age, checking "yes" shall not constitute consent to make an 20 anatomical gift or registration in the donate life registry. Where an 21 applicant has previously consented to make an anatomical gift or regis- 22 tered in the donate life registry, checking "skip this question" or 23 failing to check a box shall not impair that consent or registration. 24 § 5. Section 3006 of the education law is amended by adding a new 25 subdivision 4 to read as follows: 26 4. Organ, eye and tissue donation. The commissioner shall provide on 27 each application for a certificate, license or registration issued 28 pursuant to this article, and each renewal thereof, space for the appli- 29 cant to register in the "donate life registry" for organ, eye and tissue 30 donations established pursuant to section forty-three hundred ten of the 31 public health law with the following stated on the application in clear 32 and conspicuous type: "Would you like to be added to the Donate Life 33 Registry? Check box for 'yes' or 'skip this question'". The regents 34 shall not maintain records of any person who checks "skip this ques- 35 tion". Failure to check "yes" or checking "skip this question" shall not 36 be construed to imply a wish not to donate. In the case of an applicant 37 under sixteen years of age, checking "yes" shall not constitute consent 38 to make an anatomical gift or registration in the donate life registry. 39 Provided, that where an applicant has previously consented to make an 40 anatomical gift or registered in the "donate life registry", failing to 41 check a box shall not impair such consent or registration. 42 § 6. Section 6501 of the education law is amended by adding a new 43 subdivision 3 to read as follows: 44 3. The regents shall provide, on each application to practice a 45 profession pursuant to this title and each application for renewal of a 46 license, registration or certification to practice such a profession, 47 space for the applicant to register in the "donate life registry" of 48 organ, eye and tissue donations established pursuant to section forty- 49 three hundred ten of the public health law with the following stated on 50 the application in clear and conspicuous type: "Would you like to be 51 added to the Donate Life Registry? Check box for 'yes' or 'skip this 52 question'". The regents shall not maintain records of any person who 53 checks "skip this question". Failure to check "yes" or checking "skip 54 this question" shall not be construed to imply a wish not to donate. In 55 the case of an applicant under sixteen years of age, checking "yes" 56 shall not constitute consent to make an anatomical gift or registrationA. 971 5 1 in the donate life registry. Provided, that where an applicant has 2 previously consented to make an anatomical gift or registered in the 3 "donate life registry", failing to check a box shall not impair such 4 consent or registration. 5 § 7. Section 651 of the tax law is amended by adding a new subsection 6 (a-1) to read as follows: 7 (a-1) Organ, eye and tissue donation. The commissioner shall provide 8 on each return space for the taxpayer or taxpayers to register in the 9 "donate life registry" for organ, eye and tissue donations established 10 pursuant to section forty-three hundred ten of the public health law 11 with the following stated on the application in clear and conspicuous 12 type: "Would you like to be added to the Donate Life Registry? Check box 13 for 'yes' or 'skip this question'". The commissioner shall not maintain 14 records of any person who checks "skip this question". Failure to check 15 "yes" or checking "skip this question" shall not be construed to imply a 16 wish not to donate. In the case of an applicant under sixteen years of 17 age, checking "yes" shall not constitute consent to make an anatomical 18 gift or registration in the donate life registry. Provided, that where a 19 taxpayer has previously consented to make an anatomical gift or regis- 20 tered in the "donate life registry", failing to check a box shall not 21 impair such consent or registration. 22 § 8. Paragraph b of subdivision 1 of section 401 of the vehicle and 23 traffic law is amended by adding a new closing paragraph to read as 24 follows: 25 The commissioner shall provide on each application for registration 26 and renewal thereof space for the motor vehicle owner to register in the 27 "donate life registry" for organ, eye and tissue donations established 28 pursuant to section forty-three hundred ten of the public health law 29 with the following stated on the application in clear and conspicuous 30 type: "Would you like to be added to the Donate Life Registry? Check box 31 for 'yes' or 'skip this question'". The commissioner shall not maintain 32 records of any person who checks "skip this question". Failure to check 33 "yes" or checking "skip this question" shall not be construed to imply a 34 wish not to donate. In the case of an applicant under sixteen years of 35 age, checking "yes" shall not constitute consent to make an anatomical 36 gift or registration in the donate life registry. Provided, that where a 37 motor vehicle owner has previously consented to make an anatomical gift 38 or registered in the "donate life registry", failing to check a box 39 shall not impair such consent or registration. 40 § 9. Section 464 of the judiciary law is amended by adding a new clos- 41 ing paragraph to read as follows: 42 The chief administrator of the courts shall provide on each applica- 43 tion for admission to practice, space for the applicant to register in 44 the "donate life registry" for organ, eye and tissue donations estab- 45 lished pursuant to section forty-three hundred ten of the public health 46 law with the following stated on the application in clear and conspicu- 47 ous type: "Would you like to be added to the Donate Life Registry? Check 48 box for 'yes' or 'skip this question'". The chief administrator of the 49 courts shall not maintain records of any person who checks "skip this 50 question". Failure to check "yes" or checking "skip this question" 51 shall not be construed to imply a wish not to donate. In the case of an 52 applicant under sixteen years of age, checking "yes" shall not consti- 53 tute consent to make an anatomical gift or registration in the donate 54 life registry. Provided, that where an applicant has previously 55 consented to make an anatomical gift or registered in the "donate lifeA. 971 6 1 registry", failing to check a box shall not impair such consent or 2 registration. 3 § 10. Section 468-a of the judiciary law is amended by adding a new 4 subdivision 4-a to read as follows: 5 4-a. The chief administrator shall provide on each biennial registra- 6 tion form space for the attorney to register in the "donate life regis- 7 try" for organ, eye and tissue donations established pursuant to section 8 forty-three hundred ten of the public health law with the following 9 stated on the application in clear and conspicuous type: "Would you like 10 to be added to the Donate Life Registry? Check box for 'yes' or 'skip 11 this question'". The chief administrator shall not maintain records of 12 any person who checks "skip this question". Failure to check "yes" or 13 checking "skip this question" shall not be construed to imply a wish not 14 to donate. In the case of an applicant under sixteen years of age, 15 checking "yes" shall not constitute consent to make an anatomical gift 16 or registration in the donate life registry. Provided, that where an 17 attorney has previously consented to make an anatomical gift or regis- 18 tered in the "donate life registry", failing to check a box shall not 19 impair such consent or registration. 20 § 11. The executive law is amended by adding a new section 91-a to 21 read as follows: 22 § 91-a. Organ, eye and tissue donation. The secretary shall provide 23 on each application to conduct a profession or occupation which is 24 licensed or registered by the department, and each renewal thereof, 25 space for the applicant to register in the "donate life registry" for 26 organ, eye and tissue donations established pursuant to section forty- 27 three hundred ten of the public health law with the following stated on 28 the application in clear and conspicuous type: "Would you like to be 29 added to the Donate Life Registry? Check box for 'yes' or 'skip this 30 question'". The secretary shall not maintain records of any person who 31 checks "skip this question". Failure to check "yes" or checking "skip 32 this question" shall not be construed to imply a wish not to donate. In 33 the case of an applicant under sixteen years of age, checking "yes" 34 shall not constitute consent to make an anatomical gift or registration 35 in the donate life registry. Provided, that where an applicant has 36 previously consented to make an anatomical gift or registered in the 37 "donate life registry", failing to check a box shall not impair such 38 consent or registration. 39 § 12. This act shall take effect on the first of January next succeed- 40 ing the date on which it shall have become a law; provided, however, 41 that effective immediately, the addition, amendment and/or repeal of any 42 rule or regulation necessary for the implementation of this act on its 43 effective date are authorized and directed to be made and completed on 44 or before such effective date.
