Bill Text: NY S01491 | 2019-2020 | General Assembly | Amended


Bill Title: Authorizes registration as an organ donor in the donate life registry on SUNY, CUNY and library card applications.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-08-11 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01491 Detail]

Download: New_York-2019-S01491-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1491--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    January 15, 2019
                                       ___________

        Introduced by Sens. JACOBS, AKSHAR, ANTONACCI, BOYLE, BRESLIN, CARLUCCI,
          FLANAGAN,  GALLIVAN, GRIFFO, HELMING, HOYLMAN, LAVALLE, LIU, MARTINEZ,
          ORTT, PERSAUD, RANZENHOFER, SAVINO, SERRANO, STAVISKY, THOMAS --  read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Education -- reported favorably from said  committee  and
          committed  to  the  Committee on Finance -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN ACT to amend the public health law and the education 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. Subdivision 2, paragraph (a) of subdivision 5 and  subdivi-
     2  sion  9  of  section  4310  of  the  public health law, subdivision 2 as
     3  amended and subdivision 9 as added by section 27 of part A of chapter 60
     4  of the laws of 2014 and paragraph (a) of  subdivision  5  as  separately
     5  amended  by chapters 40 and 248 of the laws of 2016, are amended to read
     6  as follows:
     7    2. The commissioner may enter into a multi-year contract for the oper-
     8  ation and promotion of the donate life registry subject  to  such  terms
     9  and  conditions as may be contained within such contract with a not-for-
    10  profit organization that has experience  working  with  organ,  eye  and
    11  tissue procurement organizations, has expertise in conducting organ, eye
    12  and  tissue  donor  promotional  campaigns,  and  is affiliated with the
    13  organ, eye and tissue  donation  community  throughout  the  state.  The
    14  contractor  may  subcontract  as needed for the effective performance of
    15  the contract. All such subcontractors and the terms of such subcontracts
    16  shall be subject to approval by the commissioner. Any  applicable  state
    17  agency, including, but not limited to, the department, the department of
    18  motor vehicles, the state university of New York, and the city universi-
    19  ty  of  New  York  boards  of  trustees, and the board of elections, and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05782-04-9

        S. 1491--A                          2

     1  libraries within the state, shall cooperate in the collection and trans-
     2  fer of registrant data to the donate life registry.
     3    (a)  Such  organ,  eye  and  tissue registration of consent to make an
     4  anatomical gift can be made through: (i) indication made on the applica-
     5  tion or renewal form of a driver's license, (ii) indication  made  on  a
     6  non-driver  identification card application or renewal form, (iii) indi-
     7  cation made on a voter registration form pursuant to subdivision five of
     8  section 5-210 of the election law, (iv) indication made on the  applica-
     9  tion  for  health care coverage offered through the state health benefit
    10  exchange, (v) enrollment through the donate life registry website,  (vi)
    11  paper enrollment submitted to the donate life registry, [or] (vii) indi-
    12  cation  made  on  the common application used for admittance to attend a
    13  city or state university of New York  college  pursuant  to  subdivision
    14  twenty  of  section  three  hundred  fifty-five or subdivision twenty of
    15  section sixty-two hundred six of the education  law;  (viii)  indication
    16  made  on  the  application  for  a  library card pursuant to section two
    17  hundred sixty-two-a of the education law,  or  (ix)  through  any  other
    18  method identified by the commissioner.  The department shall establish a
    19  means  by  which  to  register  the consent given by individuals who are
    20  sixteen or seventeen years of age in the donate life registry, and shall
    21  make registration available by any of the methods provided  in  subpara-
    22  graphs (i), (ii), (iii), (iv), (v) [and], (vi), (vii) and (viii) of this
    23  paragraph.
    24    9.  An  interagency  work  group,  composed  of  the commissioner, the
    25  commissioner of the department of motor vehicles, a chair of  the  board
    26  of elections, a trustee of the state university of New York, a represen-
    27  tative  of  libraries  in the state of New York, or their designees, and
    28  such other individuals as may be designated by the  commissioner,  shall
    29  be  established  to  meet  with the contractor annually and as needed to
    30  review the status of the donate life registry, to examine the steps that
    31  might be taken by state agencies to enhance its performance and to  make
    32  recommendations to the contractor.
    33    §  2.  Section  355  of  the  education law is amended by adding a new
    34  subdivision 20 to read as follows:
    35    20. a. The state university board of trustees shall  ensure  that  the
    36  common  application  used for admittance to attend a state university of
    37  New York college includes the question, "would you like to be  added  to
    38  the  donate  life  registry?"  or  "skip  the  question",  which must be
    39  answered in order to submit such application.
    40    b. The trustees shall not maintain records of any  person  who  checks
    41  "skip  this question". Except where the application is made in person or
    42  electronically, failure to check a box shall not impair the validity  of
    43  an  application, and failure to check "yes" or checking "skip this ques-
    44  tion" shall not be construed to imply a wish not to donate. In the  case
    45  of  an  applicant  under eighteen years of age, checking "yes" shall not
    46  constitute consent to make an anatomical gift  or  registration  in  the
    47  donate  life  registry,  except  as  otherwise  provided pursuant to the
    48  provisions of paragraph (b) of subdivision one  of  section  forty-three
    49  hundred one of the public health law.
    50    c.  Where  an applicant has previously consented to make an anatomical
    51  gift or register in the donate life registry, checking "skip this  ques-
    52  tion"  or failing to check a box shall not impair that consent or regis-
    53  tration.
    54    § 3. Section 6206 of the education law is  amended  by  adding  a  new
    55  subdivision 20 to read as follows:

        S. 1491--A                          3

     1    20.  a.  The  city  university board of trustees shall ensure that the
     2  common application used for admittance to attend a  city  university  of
     3  New  York  college includes the question, "would you like to be added to
     4  the donate life  registry?"  or  "skip  the  question",  which  must  be
     5  answered in order to submit such application.
     6    b.  The  city university of New York board of trustees shall not main-
     7  tain records of any person who checks "skip this question". Except where
     8  the application is made in person or electronically, failure to check  a
     9  box  shall  not  impair  the  validity of an application, and failure to
    10  check "yes" or checking "skip this question" shall not be  construed  to
    11  imply  a  wish not to donate. In the case of an applicant under eighteen
    12  years of age, checking "yes" shall not constitute  consent  to  make  an
    13  anatomical  gift  or registration in the donate life registry, except as
    14  otherwise provided pursuant to the provisions of paragraph (b) of subdi-
    15  vision one of section forty-three hundred one of the public health law.
    16    c. Where an applicant has previously consented to make  an  anatomical
    17  gift  or register in the donate life registry, checking "skip this ques-
    18  tion" or failing to check a box shall not impair that consent or  regis-
    19  tration.
    20    §  4.  The  education  law is amended by adding a new section 262-a to
    21  read as follows:
    22    § 262-a. Application for library card; registration in the donate life
    23  registry. 1. Where required by law for application  forms  described  in
    24  subparagraph  (viii)  of  paragraph  (a)  of subdivision five of section
    25  forty-three hundred ten of the public health law, every  library,  other
    26  than a school library, shall ensure that space is provided on the appli-
    27  cation  for  a  library  card  so  that  the applicant shall register or
    28  decline registration in the donate life  registry  for  organ,  eye  and
    29  tissue  donations  under  section  forty-three hundred ten of the public
    30  health law and that the following is stated on the application in  clear
    31  and conspicuous type:
    32    "You  must  fill out the following section: Would you like to be added
    33  to the Donate Life Registry? Check box for  'yes'  or  'skip  the  ques-
    34  tion'."
    35    2.  The department shall not maintain records of any person who checks
    36  "skip this question". Except where the application is made in person  or
    37  electronically,  failure to check a box shall not impair the validity of
    38  an application, and failure to check "yes" or checking "skip this  ques-
    39  tion"  shall not be construed to imply a wish not to donate. In the case
    40  of an applicant under sixteen years of age,  checking  "yes"  shall  not
    41  constitute  consent  to  make  an anatomical gift or registration in the
    42  donate life registry, except  as  otherwise  provided  pursuant  to  the
    43  provisions  of  paragraph  (b) of subdivision one of section forty-three
    44  hundred one of the public health law.
    45    3. Where an applicant has previously consented to make  an  anatomical
    46  gift  or  register in the donate life registry, checking "skip the ques-
    47  tion" or failing to check a box shall not impair that consent or  regis-
    48  tration.
    49    4.  The commissioner, in collaboration with the commissioner of health
    50  shall develop instructional tools and materials for libraries to  assist
    51  in  the education of organ donation and enrollment in the New York State
    52  Donate Life Registry. Materials and instructional tools to  advance  and
    53  promote education awareness on organ donation shall be made available to
    54  libraries upon request at no charge.
    55    5. The commissioner shall promulgate regulations pursuant to which the
    56  department  may  provide  financial assistance to libraries for updating

        S. 1491--A                          4

     1  library card applications upon showing that costs associated with updat-
     2  ing application forms in compliance with this  section  would  impose  a
     3  financial hardship.
     4    § 5. This act shall take effect immediately.
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