Bill Text: NY S06069 | 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: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-16 - REFERRED TO HEALTH [S06069 Detail]

Download: New_York-2019-S06069-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6069

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed 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-
    20  ant to section four hundred sixty-four or four hundred sixty-eight-a  of
    21  the  judiciary law, (xii) indication made on an application to conduct a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01400-01-9

        S. 6069                             2

     1  profession or occupation which is licensed or registered by the  depart-
     2  ment  of  state,  or  (xiii)  through any other method identified by the
     3  commissioner.  The department shall establish a means by which to regis-
     4  ter  the consent given by individuals who are sixteen or seventeen years
     5  of age in the donate life registry, and shall make  registration  avail-
     6  able  by  any of the methods provided in subparagraphs (i), (ii), (iii),
     7  (iv), (v) [and], (vi), (vii), (viii), (ix), (x), (xi), (xii) and  (xiii)
     8  of this paragraph.
     9    §  2.  Paragraphs  (b) and (c) of subdivision 5 of section 4310 of the
    10  public health law are REPEALED and a new paragraph (b) is added to  read
    11  as follows:
    12    (b)  Enrollment  or  amendment  or  revocation through the donate life
    13  registry website through any of the means listed in this subdivision may
    14  be signed by electronic signature, in accordance with the provisions  of
    15  article three of the state technology law, supported by the use of suit-
    16  able  mechanisms  including  unique identifiers to provide confidence in
    17  the identity of the  person  providing  the  electronic  signature.  The
    18  registration  shall  take  effect upon the provision of written or elec-
    19  tronic notice of the registration to the  individual  enrolling  in  the
    20  donate life registry.
    21    §  3.  Paragraphs (d), (e) and (f) of subdivision 5 of section 4310 of
    22  the public health law are relettered paragraphs (c), (d) and (e).
    23    § 4. Subdivision 1 of section 206 of the public health law is  amended
    24  by  adding  six new paragraphs (w), (x), (y), (z), (aa) and (bb) to read
    25  as follows:
    26    (w) require, in consultation and cooperation with the commissioner  of
    27  education,  that every individual applying for a certificate, license or
    28  registration issued pursuant to article sixty-one of the education  law,
    29  be  provided  space  so  that such applicant may register in the "donate
    30  life registry" for organ, eye and tissue donations under section  forty-
    31  three  hundred  ten  of  this chapter with the following stated in clear
    32  conspicuous type: "Would you like to be added to the Donate Life  Regis-
    33  try?    Check  box  for 'yes' or 'skip this question'". The commissioner
    34  shall not maintain records of any person who  checks  "skip  this  ques-
    35  tion". Except where the application is made in person or electronically,
    36  failure  to check a box shall not impair the validity of an application,
    37  and failure to check "yes" or checking "skip this question" shall not be
    38  construed to imply a wish not to donate. In the  case  of  an  applicant
    39  under  sixteen years of age, checking "yes" shall not constitute consent
    40  to make an anatomical gift or registration in the donate life  registry.
    41  Where  an  applicant has previously consented to make an anatomical gift
    42  or registered in the donate life registry, checking "skip this question"
    43  or failing to check a box shall not impair that consent or registration.
    44    (x) require, in consultation and cooperation with the commissioner  of
    45  education,  that  every  individual  applying  to  practice a profession
    46  pursuant to title eight of the education law, be provided space so  that
    47  such applicant may register in the "donate life registry" for organ, eye
    48  and tissue donations under section forty-three hundred ten of this chap-
    49  ter with the following stated in clear conspicuous type: "Would you like
    50  to  be  added  to the Donate Life Registry? Check box for 'yes' or 'skip
    51  this question'". The commissioner shall  not  maintain  records  of  any
    52  person  who checks "skip this question". Except where the application is
    53  made in person or electronically, failure  to  check  a  box  shall  not
    54  impair  the  validity  of  an application, and failure to check "yes" or
    55  checking "skip this question" shall not be construed to imply a wish not
    56  to donate. In the case of an  applicant  under  sixteen  years  of  age,

        S. 6069                             3

     1  checking  "yes"  shall not constitute consent to make an anatomical gift
     2  or registration in the donate life  registry.  Where  an  applicant  has
     3  previously  consented  to  make  an anatomical gift or registered in the
     4  donate  life registry, checking "skip this question" or failing to check
     5  a box shall not impair that consent or registration.
     6    (y) require, in consultation and cooperation with  the  department  of
     7  taxation and finance, that every individual filing a personal income tax
     8  return  be  provided  space  so  that such applicant may register in the
     9  "donate life registry" for organ, eye and tissue donations under section
    10  forty-three hundred ten of this chapter with  the  following  stated  in
    11  clear  conspicuous  type: "Would you like to be added to the Donate Life
    12  Registry? Check box for 'yes' or 'skip this question'". The commissioner
    13  shall not maintain records of any person who  checks  "skip  this  ques-
    14  tion". Except where the application is made in person or electronically,
    15  failure  to check a box shall not impair the validity of an application,
    16  and failure to check "yes" or checking "skip this question" shall not be
    17  construed to imply a wish not to donate. In the  case  of  an  applicant
    18  under  sixteen years of age, checking "yes" shall not constitute consent
    19  to make an anatomical gift or registration in the donate life  registry.
    20  Where  an  applicant has previously consented to make an anatomical gift
    21  or registered in the donate life registry, checking "skip this question"
    22  or failing to check a box shall not impair that consent or registration.
    23    (z) require, in consultation and cooperation with the commissioner  of
    24  motor  vehicles,  that  every  individual applying for a registration or
    25  renewal thereof of a motor vehicle be provided space so that such appli-
    26  cant may register in the "donate  life  registry"  for  organ,  eye  and
    27  tissue  donations  under section forty-three hundred ten of this chapter
    28  with the following stated in clear conspicuous type: "Would you like  to
    29  be  added to the Donate Life Registry? Check box for 'yes' or 'skip this
    30  question'". The commissioner shall not maintain records  of  any  person
    31  who checks "skip this question". Except where the application is made in
    32  person  or  electronically,  failure to check a box shall not impair the
    33  validity of an application, and failure to check "yes" or checking "skip
    34  this question" shall not be construed to imply a wish not to donate.  In
    35  the  case  of  an  applicant  under sixteen years of age, checking "yes"
    36  shall not constitute consent to make an anatomical gift or  registration
    37  in the donate life registry. Where an applicant has previously consented
    38  to  make  an  anatomical gift or registered in the donate life registry,
    39  checking "skip this question" or failing to check a box shall not impair
    40  that consent or registration.
    41    (aa) require, in consultation and cooperation with the state board  of
    42  law  examiners, that every individual applying for admission to practice
    43  or on a biennial registration form  pursuant  to  section  four  hundred
    44  sixty-four  or  four  hundred  sixty-eight-a  of  the  judiciary law, be
    45  provided space so that such applicant may register in the  "donate  life
    46  registry"  for organ, eye and tissue donations under section forty-three
    47  hundred ten of this chapter with the following stated in clear conspicu-
    48  ous type: "Would you like to be added to the Donate Life Registry? Check
    49  box for 'yes' or 'skip this question'". The commissioner shall not main-
    50  tain records of any person who checks "skip this question". Except where
    51  the application is made in person or electronically, failure to check  a
    52  box  shall  not  impair  the  validity of an application, and failure to
    53  check "yes" or checking "skip this question" shall not be  construed  to
    54  imply  a  wish  not to donate. In the case of an applicant under sixteen
    55  years of age, checking "yes" shall not constitute  consent  to  make  an
    56  anatomical  gift  or  registration in the donate life registry. Where an

        S. 6069                             4

     1  applicant has previously consented to make an anatomical gift or  regis-
     2  tered  in  the  donate  life  registry, checking "skip this question" or
     3  failing to check a box shall not impair that consent or registration.
     4    (bb)  require,  in  consultation and cooperation with the secretary of
     5  state, that every individual applying to conduct a profession or occupa-
     6  tion which is licensed or registered  by  the  department  of  state  be
     7  provided  space  so that such applicant may register in the "donate life
     8  registry" for organ, eye and tissue donations under section  forty-three
     9  hundred ten of this chapter with the following stated in clear conspicu-
    10  ous type: "Would you like to be added to the Donate Life Registry? Check
    11  box for 'yes' or 'skip this question'". The commissioner shall not main-
    12  tain records of any person who checks "skip this question". Except where
    13  the  application is made in person or electronically, failure to check a
    14  box shall not impair the validity of  an  application,  and  failure  to
    15  check  "yes"  or checking "skip this question" shall not be construed to
    16  imply a wish not to donate. In the case of an  applicant  under  sixteen
    17  years  of  age,  checking  "yes" shall not constitute consent to make an
    18  anatomical gift or registration in the donate life  registry.  Where  an
    19  applicant  has previously consented to make an anatomical gift or regis-
    20  tered in the donate life registry,  checking  "skip  this  question"  or
    21  failing to check a box shall not impair that consent or registration.
    22    §  5.  Section  3006  of  the education law is amended by adding a new
    23  subdivision 4 to read as follows:
    24    4. Organ, eye and tissue donation.  The commissioner shall provide  on
    25  each  application  for  a  certificate,  license  or registration issued
    26  pursuant to this article, and each renewal thereof, space for the appli-
    27  cant to register in the "donate life registry" for organ, eye and tissue
    28  donations established pursuant to section forty-three hundred ten of the
    29  public health law with the following stated on the application in  clear
    30  and  conspicuous  type:  "Would  you like to be added to the Donate Life
    31  Registry?  Check box for 'yes' or 'skip  this  question'".  The  regents
    32  shall  not  maintain  records  of any person who checks "skip this ques-
    33  tion". Failure to check "yes" or checking "skip this question" shall not
    34  be construed to imply a wish not to donate. In the case of an  applicant
    35  under  sixteen years of age, checking "yes" shall not constitute consent
    36  to make an anatomical gift or registration in the donate life  registry.
    37  Provided,  that  where  an applicant has previously consented to make an
    38  anatomical gift or registered in the "donate life registry", failing  to
    39  check a box shall not impair such consent or registration.
    40    §  6.  Section  6501  of  the education law is amended by adding a new
    41  subdivision 3 to read as follows:
    42    3. The regents shall  provide,  on  each  application  to  practice  a
    43  profession  pursuant to this title and each application for renewal of a
    44  license, registration or certification to practice  such  a  profession,
    45  space  for  the  applicant  to register in the "donate life registry" of
    46  organ, eye and tissue donations established pursuant to  section  forty-
    47  three  hundred ten of the public health law with the following stated on
    48  the application in clear and conspicuous type:   "Would you like  to  be
    49  added  to  the  Donate  Life Registry? Check box for 'yes' or 'skip this
    50  question'".  The regents shall not maintain records of  any  person  who
    51  checks  "skip  this  question". Failure to check "yes" or checking "skip
    52  this question" shall not be construed to imply a wish not to donate.  In
    53  the  case  of  an  applicant  under sixteen years of age, checking "yes"
    54  shall not constitute consent to make an anatomical gift or  registration
    55  in  the  donate  life  registry.  Provided,  that where an applicant has
    56  previously consented to make an anatomical gift  or  registered  in  the

        S. 6069                             5

     1  "donate  life  registry",  failing  to check a box shall not impair such
     2  consent or registration.
     3    §  7. Section 651 of the tax law is amended by adding a new subsection
     4  (a-1) to read as follows:
     5    (a-1) Organ, eye and tissue donation.  The commissioner shall  provide
     6  on  each  return  space for the taxpayer or taxpayers to register in the
     7  "donate life registry" for organ, eye and tissue  donations  established
     8  pursuant  to  section  forty-three  hundred ten of the public health law
     9  with the following stated on the application in  clear  and  conspicuous
    10  type: "Would you like to be added to the Donate Life Registry? Check box
    11  for  'yes' or 'skip this question'". The commissioner shall not maintain
    12  records of any person who checks "skip this question". Failure to  check
    13  "yes" or checking "skip this question" shall not be construed to imply a
    14  wish  not  to donate. In the case of an applicant under sixteen years of
    15  age, checking "yes" shall not constitute consent to make  an  anatomical
    16  gift or registration in the donate life registry. Provided, that where a
    17  taxpayer  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    §  8.  Paragraph  b of subdivision 1 of section 401 of the vehicle and
    21  traffic law is amended by adding a new  closing  paragraph  to  read  as
    22  follows:
    23    The  commissioner  shall  provide on each application for registration
    24  and renewal thereof space for the motor vehicle owner to register in the
    25  "donate life registry" for organ, eye and tissue  donations  established
    26  pursuant  to  section  forty-three  hundred ten of the public health law
    27  with the following stated on the application in  clear  and  conspicuous
    28  type: "Would you like to be added to the Donate Life Registry? Check box
    29  for  'yes' or 'skip this question'". The commissioner shall not maintain
    30  records of any person who checks "skip this question". Failure to  check
    31  "yes" or checking "skip this question" shall not be construed to imply a
    32  wish  not  to donate. In the case of an applicant under sixteen years of
    33  age, checking "yes" shall not constitute consent to make  an  anatomical
    34  gift or registration in the donate life registry. Provided, that where a
    35  motor  vehicle owner has previously consented to make an anatomical gift
    36  or registered in the "donate life registry",  failing  to  check  a  box
    37  shall not impair such consent or registration.
    38    § 9. Section 464 of the judiciary law is amended by adding a new clos-
    39  ing paragraph to read as follows:
    40    The  chief  administrator of the courts shall provide on each applica-
    41  tion for admission to practice, space for the applicant to  register  in
    42  the  "donate  life  registry" for organ, eye and tissue donations estab-
    43  lished pursuant to section forty-three hundred ten of the public  health
    44  law  with the following stated on the application in clear and conspicu-
    45  ous type: "Would you like to be added to the Donate Life Registry? Check
    46  box for 'yes' or 'skip this question'". The chief administrator  of  the
    47  courts  shall  not  maintain records of any person who checks "skip this
    48  question".   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.  Provided,  that  where  an  applicant  has   previously
    53  consented  to  make an anatomical gift or registered in the "donate life
    54  registry", failing to check a box  shall  not  impair  such  consent  or
    55  registration.

        S. 6069                             6

     1    §  10.  Section  468-a of the judiciary law is amended by adding a new
     2  subdivision 4-a to read as follows:
     3    4-a.  The chief administrator shall provide on each biennial registra-
     4  tion form space for the attorney to register in the "donate life  regis-
     5  try" for organ, eye and tissue donations established pursuant to section
     6  forty-three  hundred  ten  of  the  public health law with the following
     7  stated on the application in clear and conspicuous type: "Would you like
     8  to be added to the Donate Life Registry? Check box for  'yes'  or  'skip
     9  this  question'".  The chief administrator shall not maintain records of
    10  any person who checks "skip this question". Failure to  check  "yes"  or
    11  checking "skip this question" shall not be construed to imply a wish not
    12  to  donate.  In  the  case  of  an applicant under sixteen years of age,
    13  checking "yes" shall not constitute consent to make an  anatomical  gift
    14  or  registration  in  the  donate life registry. Provided, that where an
    15  attorney has previously consented to make an anatomical gift  or  regis-
    16  tered  in  the  "donate life registry", failing to check a box shall not
    17  impair such consent or registration.
    18    § 11. The executive law is amended by adding a  new  section  91-a  to
    19  read as follows:
    20    §  91-a.  Organ, eye and tissue donation.  The secretary shall provide
    21  on each application to conduct  a  profession  or  occupation  which  is
    22  licensed  or  registered  by  the  department, and each renewal thereof,
    23  space for the applicant to register in the "donate  life  registry"  for
    24  organ,  eye  and tissue donations established pursuant to section forty-
    25  three hundred ten of the public health law with the following stated  on
    26  the  application  in  clear and conspicuous type:  "Would you like to be
    27  added to the Donate Life Registry? Check box for  'yes'  or  'skip  this
    28  question'".   The secretary shall not maintain records of any person who
    29  checks "skip this question". Failure to check "yes"  or  checking  "skip
    30  this  question" shall not be construed to imply a wish not to donate. In
    31  the case of an applicant under sixteen  years  of  age,  checking  "yes"
    32  shall  not constitute consent to make an anatomical gift or registration
    33  in the donate life registry.  Provided,  that  where  an  applicant  has
    34  previously  consented  to  make  an anatomical gift or registered in the
    35  "donate life registry", failing to check a box  shall  not  impair  such
    36  consent or registration.
    37    § 12. This act shall take effect on the first of January next succeed-
    38  ing  the  date  on  which it shall have become a law; provided, however,
    39  that effective immediately, the addition, amendment and/or repeal of any
    40  rule or regulation necessary for the implementation of this act  on  its
    41  effective  date  are authorized and directed to be made and completed on
    42  or before such effective date.
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