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 2-0)
Status: (Introduced - Dead) 2020-01-08 - 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. LBD01400-01-9S. 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 anS. 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 theS. 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.
