Bill Text: NY A07580 | 2017-2018 | General Assembly | Introduced
Bill Title: Authorizes registration as an organ donor in the donate life registry on SUNY, CUNY and library card applications.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-12-15 - enacting clause stricken [A07580 Detail]
Download: New_York-2017-A07580-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7580 2017-2018 Regular Sessions IN ASSEMBLY May 3, 2017 ___________ Introduced by M. of A. KEARNS -- read once and referred to the Committee on Higher Education AN ACT to amend the education law and the public health law, in relation to registration in the donate life registry The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new section 209-b 2 to read as follows: 3 § 209-b. Initial registration; registration in the donate life regis- 4 try. The regents shall provide a space on each student's initial regis- 5 tration form so that the student may register in the New York state 6 donate life registry under section forty-three hundred ten of the public 7 health law with the following stated on the application in clear and 8 conspicuous type: 9 "Would you like to be added to the Donate Life Registry? Check box for 10 'yes' or 'skip this question'." 11 The regents shall not maintain records of any person who checks "skip 12 this question". Except where the application is made in person or elec- 13 tronically, failure to check "yes" or checking "skip this question" 14 shall not be construed to imply a wish not to donate. In the case of an 15 applicant under sixteen years of age, checking "yes" shall not consti- 16 tute consent to make an anatomical gift or registration in the donate 17 life registry. Where an applicant has previously consented to make an 18 anatomical gift or register in the donate life registry, checking "skip 19 this question" or failing to check a box shall not impair that consent 20 or registration. 21 § 2. The education law is amended by adding a new section 262-a to 22 read as follows: 23 § 262-a. Application for library card; registration in the donate life 24 registry. Every library, other than a school library, shall provide a 25 space on the application for a library card so that the applicant may EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10656-04-7A. 7580 2 1 register in the New York state donate life registry under section 2 forty-three hundred ten of the public health law with the following 3 stated on the application in clear and conspicuous type: 4 "Would you like to be added to the Donate Life Registry? Check box for 5 'yes' or 'skip this question'." 6 The department shall not maintain records of any person who checks 7 "skip this question". Except where the application is made in person or 8 electronically, failure to check "yes" or checking "skip this question" 9 shall not be construed to imply a wish not to donate. In the case of an 10 applicant under sixteen years of age, checking "yes" shall not consti- 11 tute consent to make an anatomical gift or registration in the donate 12 life registry. Where an applicant has previously consented to make an 13 anatomical gift or register in the donate life registry, checking "skip 14 this question" or failing to check a box shall not impair that consent 15 or registration. 16 § 3. Subdivision 1 of section 206 of the public health law is amended 17 by adding two new paragraphs (w) and (x) to read as follows: 18 (w) require, in consultation and cooperation with the board of regents 19 of The University of the State of New York, that every individual regis- 20 tering at a SUNY or CUNY school pursuant to section two hundred nine-b 21 of the education law, be provided space so that such applicant may 22 register in the "donate life registry" for organ, eye and tissue 23 donations under section forty-three hundred ten of this chapter with the 24 following stated in clear and conspicuous type: 25 "Would you like to be added to the Donate Life Registry? Check box for 26 'yes' or 'skip this question'." 27 The commissioner shall not maintain records of any person who checks 28 "skip this question". Except where the application is made in person or 29 electronically, failure to check "yes" or checking "skip this question" 30 shall not be construed to imply a wish not to donate. In the case of an 31 applicant under sixteen years of age, checking "yes" shall not consti- 32 tute consent to make an anatomical gift or registration in the donate 33 life registry. Where an applicant has previously consented to make an 34 anatomical gift or register in the donate life registry, checking "skip 35 this question" or failing to check a box shall not impair that consent 36 or registration. 37 (x) require, in consultation and cooperation with the department of 38 health, that every individual applying for a library card at a public 39 library pursuant to section two hundred sixty-two-a of the education 40 law, be provided space so that such applicant may register in the 41 "donate life registry" for organ, eye and tissue donations under section 42 forty-three hundred ten of this chapter with the following stated in 43 clear and conspicuous type: 44 "Would you like to be added to the Donate Life Registry? Check box for 45 'yes' or 'skip this question'." 46 The commissioner shall not maintain records of any person who checks 47 "skip this question". Except where the application is made in person or 48 electronically, failure to check "yes" or checking "skip this question" 49 shall not be construed to imply a wish not to donate. In the case of an 50 applicant under sixteen years of age, checking "yes" shall not consti- 51 tute consent to make an anatomical gift or registration in the donate 52 life registry. Where an applicant has previously consented to make an 53 anatomical gift or register in the donate life registry, checking "skip 54 this question" or failing to check a box shall not impair that consent 55 or registration.A. 7580 3 1 § 4. Paragraph (a) of subdivision 5 and subdivision 9 of section 4310 2 of the public health law, paragraph (a) of subdivision 5 as separately 3 amended by chapters 40 and 248 of the laws of 2016, subdivision 9 as 4 added by section 27 of part A of chapter 60 of the laws of 2014, are 5 amended to read as follows: 6 (a) Such organ, eye and tissue registration of consent to make an 7 anatomical gift can be made through: (i) indication made on the applica- 8 tion or renewal form of a driver's license, (ii) indication made on a 9 non-driver identification card application or renewal form, (iii) indi- 10 cation made on a voter registration form pursuant to subdivision five of 11 section 5-210 of the election law, (iv) indication made on the applica- 12 tion for health care coverage offered through the state health benefit 13 exchange, (v) enrollment through the donate life registry website, (vi) 14 paper enrollment submitted to the donate life registry, [or] (vii) indi- 15 cation made on the initial registration for a SUNY or CUNY school pursu- 16 ant to section two hundred nine-b of the education law; (viii) indi- 17 cation made on the application for a library card pursuant to section 18 two hundred sixty-two-a the education law, or (ix) through any other 19 method identified by the commissioner. The department shall establish a 20 means by which to register the consent given by individuals who are 21 sixteen or seventeen years of age in the donate life registry, and shall 22 make registration available by any of the methods provided in subpara- 23 graphs (i), (ii), (iii), (iv), (v) [and], (vi), (vii), and (viii) of 24 this paragraph. 25 9. An interagency work group, composed of the commissioner, the 26 commissioner of the department of motor vehicles, a chair of the board 27 of elections, a regent of The State University of New York, or their 28 designees, and such other individuals as may be designated by the 29 commissioner, shall be established to meet with the contractor annually 30 and as needed to review the status of the donate life registry, to exam- 31 ine the steps that might be taken by state agencies to enhance its 32 performance and to make recommendations to the contractor. 33 § 5. Paragraph (a) of subdivision 5 of section 4310 of the public 34 health law, as amended by section 27 of part A of chapter 60 of the laws 35 of 2014, is amended to read as follows: 36 (a) Such organ, eye and tissue registration of consent to make an 37 anatomical gift can be made through: (i) indication made on the applica- 38 tion or renewal form of a driver's license, (ii) indication made on a 39 non-driver identification card application or renewal form, (iii) indi- 40 cation made on a voter registration form pursuant to subdivision five of 41 section 5-210 of the election law, (iv) enrollment through the donate 42 life registry website, (v) paper enrollment submitted to the donate life 43 registry, [or] (vi) indication made on the initial registration for a 44 SUNY or CUNY school pursuant to section two hundred nine-b of the educa- 45 tion law, (vii) indication made on the application for a library card 46 pursuant to section two hundred sixty-two-a of the education law, or 47 (viii) through any other method identified by the commissioner. 48 § 6. This act shall take effect immediately, provided that the amend- 49 ments to paragraph (a) of subdivision 5 of section 4310 of the public 50 health law made by section four of this act shall be subject to the 51 expiration and reversion of such subdivision pursuant to section 6 of 52 chapter 465 of the laws of 2012, as amended, when upon such date the 53 provisions of section five of this act shall take effect.
