Bill Text: NY A02159 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires that space be provided on applications for a civil service examination, claims for unemployment benefits, 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) 2022-05-10 - reported referred to rules [A02159 Detail]
Download: New_York-2021-A02159-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2159 2021-2022 Regular Sessions IN ASSEMBLY January 14, 2021 ___________ Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee on Health AN ACT to amend the civil service law, the labor law, 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. The civil service law is amended by adding a new section 2 50-d to read as follows: 3 § 50-d. Organ, eye and tissue donation. The civil service department 4 and municipal commissions shall provide on each application provided 5 pursuant to section fifty of this title space for the applicant to 6 register in the "donate life registry" for organ, eye and tissue 7 donations established pursuant to section forty-three hundred ten of the 8 public health law with the following stated on the application in clear 9 and conspicuous type: "Would you like to be added to the Donate Life 10 Registry? Check box for 'yes' or 'skip this question'". Neither the 11 civil service department nor municipal commissions shall 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 17 an applicant has previously consented to make an anatomical gift or 18 registered in the "donate life registry", failing to check a box shall 19 not impair such consent or registration. 20 § 2. The labor law is amended by adding a new section 596-a to read as 21 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05380-01-1A. 2159 2 1 § 596-a. Organ, eye and tissue donation. The commissioner shall 2 provide on each claim for benefits made pursuant to section five hundred 3 ninety-six of this title space for the claimant to register in the 4 "donate life registry" for organ, eye and tissue donations established 5 pursuant to section forty-three hundred ten of the public health law 6 with the following stated on the application in clear and conspicuous 7 type: "Would you like to be added to the Donate Life Registry? Check 8 box for 'yes' or 'skip this question'". The commissioner shall not main- 9 tain records of any person who checks "skip this question". 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 sixteen 12 years of age, checking "yes" shall not constitute consent to make an 13 anatomical gift or registration in the donate life registry. Provided, 14 that where a claimant has previously consented to make an anatomical 15 gift or registered in the "donate life registry", failing to check a box 16 shall not impair such consent or registration. 17 § 3. Paragraph (a) of subdivision 5 of section 4310 of the public 18 health law, as separately amended by chapters 40 and 248 of the laws of 19 2016, is amended to read as follows: 20 (a) Such organ, eye and tissue registration of consent to make an 21 anatomical gift can be made through: (i) indication made on the applica- 22 tion or renewal form of a driver's license, (ii) indication made on a 23 non-driver identification card application or renewal form, (iii) indi- 24 cation made on a voter registration form pursuant to subdivision five of 25 section 5-210 of the election law, (iv) indication made on the applica- 26 tion for health care coverage offered through the state health benefit 27 exchange, (v) enrollment through the donate life registry website, (vi) 28 paper enrollment submitted to the donate life registry, [or] (vii) indi- 29 cation made on an application for a civil service examination pursuant 30 to section fifty of the civil service law, (viii) indication made on a 31 claim for unemployment benefits made pursuant to section five hundred 32 ninety-six of the labor law, (ix) indication made on an application for 33 a certificate, license or registration issued pursuant to article 34 sixty-one of the education law, (x) indication made on an application to 35 practice a profession pursuant to title eight of the education law, (xi) 36 indication made on a personal income tax return, (xii) indication made 37 on an application for registration or renewal thereof of a motor vehi- 38 cle, (xiii) indication made on an application for admission to practice 39 or on a biennial registration form pursuant to section four hundred 40 sixty-four or four hundred sixty-eight-a of the judiciary law, (xiv) 41 indication made on an application to conduct a profession or occupation 42 which is licensed or registered by the department of state, or (xv) 43 through any other method identified by the commissioner. The department 44 shall establish a means by which to register the consent given by indi- 45 viduals who are sixteen or seventeen years of age in the donate life 46 registry, and shall make registration available by any of the methods 47 provided in subparagraphs (i), (ii), (iii), (iv), (v) [and], (vi), 48 (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv) and (xv) of this 49 paragraph. 50 § 3-a. Paragraph (a) of subdivision 5 of section 4310 of the public 51 health law, as amended by chapter 149 of the laws of 2020, is amended to 52 read as follows: 53 (a) Such organ, eye and tissue registration of consent to make an 54 anatomical gift can be made through: (i) indication made on the applica- 55 tion or renewal form of a driver's license, (ii) indication made on a 56 non-driver identification card application or renewal form, (iii) indi-A. 2159 3 1 cation made on a voter registration form pursuant to subdivision five of 2 section 5-210 of the election law, (iv) indication made on the applica- 3 tion for health care coverage offered through the state health benefit 4 exchange, (v) enrollment through the donate life registry website, (vi) 5 paper enrollment submitted to the donate life registry, (vii) indication 6 made on the application or renewal form of a hunting, fishing or trap- 7 ping license issued pursuant to title seven of article eleven of the 8 environmental conservation law, [or] (viii) indication made on an appli- 9 cation for a civil service examination pursuant to section fifty of the 10 civil service law, (ix) indication made on a claim for unemployment 11 benefits made pursuant to section five hundred ninety-six of the labor 12 law, (x) indication made on an application for a certificate, license or 13 registration issued pursuant to article sixty-one of the education law, 14 (xi) indication made on an application to practice a profession pursuant 15 to title eight of the education law, (xii) indication made on a personal 16 income tax return, (xiii) indication made on an application for regis- 17 tration or renewal thereof of a motor vehicle, (xiv) indication made on 18 an application for admission to practice or on a biennial registration 19 form pursuant to section four hundred sixty-four or four hundred sixty- 20 eight-a of the judiciary law, (xv) indication made on an application to 21 conduct a profession or occupation which is licensed or registered by 22 the department of state, or (xvi) through any other method identified by 23 the commissioner. The department shall establish a means by which to 24 register the consent given by individuals who are sixteen or seventeen 25 years of age in the donate life registry, and shall make registration 26 available by any of the methods provided in subparagraphs (i), (ii), 27 (iii), (iv), (v), (vi) and (vii) of this paragraph. 28 § 4. Paragraphs (b) and (c) of subdivision 5 of section 4310 of the 29 public health law are REPEALED and a new paragraph (b) is added to read 30 as follows: 31 (b) Enrollment or amendment or revocation through the donate life 32 registry website through any of the means listed in this subdivision may 33 be signed by electronic signature, in accordance with the provisions of 34 article three of the state technology law, supported by the use of suit- 35 able mechanisms including unique identifiers to provide confidence in 36 the identity of the person providing the electronic signature. The 37 registration shall take effect upon the provision of written or elec- 38 tronic notice of the registration to the individual enrolling in the 39 donate life registry. 40 § 5. Paragraphs (d), (e) and (f) of subdivision 5 of section 4310 of 41 the public health law are relettered paragraphs (c), (d) and (e). 42 § 6. Subdivision 1 of section 206 of the public health law is amended 43 by adding eight new paragraphs (w), (x), (y), (z), (aa), (bb), (cc) and 44 (dd) to read as follows: 45 (w) require, in consultation and cooperation with the civil service 46 department and municipal commissions, that every individual applying for 47 a civil service examination be provided space so that such applicant may 48 register in the "donate life registry" for organ, eye and tissue 49 donations under section forty-three hundred ten of this chapter with the 50 following stated in clear conspicuous type: "Would you like to be added 51 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 52 tion'". Neither the civil service department nor municipal commissions 53 shall maintain records of any person who checks "skip this question". 54 Except where the application is made in person or electronically, fail- 55 ure to check a box shall not impair the validity of an application, and 56 failure to check "yes" or checking "skip this question" shall not beA. 2159 4 1 construed to imply a wish not to donate. In the case of an applicant 2 under sixteen years of age, checking "yes" shall not constitute consent 3 to make an anatomical gift or registration in the donate life registry. 4 Where an applicant has previously consented to make an anatomical gift 5 or registered in the donate life registry, checking "skip this question" 6 or failing to check a box shall not impair that consent or registration. 7 (x) require, in consultation and cooperation with the commissioner of 8 the department of labor, that every individual filing a claim for unem- 9 ployment benefits be provided space so that such applicant may register 10 in the "donate life registry" for organ, eye and tissue donations under 11 section forty-three hundred ten of this chapter with the following stat- 12 ed in clear conspicuous type: "Would you like to be added to the Donate 13 Life Registry? Check box for 'yes' or 'skip this question'". The commis- 14 sioner shall not maintain records of any person who checks "skip this 15 question". Except where the claim for benefits is made in person or 16 electronically, failure to check a box shall not impair the validity of 17 an application, and failure to check "yes" or checking "skip this ques- 18 tion" shall not be construed to imply a wish not to donate. In the case 19 of a claimant under sixteen years of age, checking "yes" shall not 20 constitute consent to make an anatomical gift or registration in the 21 donate life registry. Where a claimant has previously consented to make 22 an anatomical gift or registered in the donate life registry, checking 23 "skip this question" or failing to check a box shall not impair that 24 consent or registration. 25 (y) require, in consultation and cooperation with the commissioner of 26 education, that every individual applying for a certificate, license or 27 registration issued pursuant to article sixty-one of the education law, 28 be provided space so that such applicant may register in the "donate 29 life registry" for organ, eye and tissue donations under section forty- 30 three hundred ten of this chapter with the following stated in clear 31 conspicuous type: "Would you like to be added to the Donate Life Regis- 32 try? Check box for 'yes' or 'skip this question'". The commissioner 33 shall not maintain records of any person who checks "skip this ques- 34 tion". Except where the application is made in person or electronically, 35 failure to check a box shall not impair the validity of an application, 36 and failure to check "yes" or checking "skip this question" shall not be 37 construed to imply a wish not to donate. In the case of an applicant 38 under sixteen years of age, checking "yes" shall not constitute consent 39 to make an anatomical gift or registration in the donate life registry. 40 Where an applicant has previously consented to make an anatomical gift 41 or registered in the donate life registry, checking "skip this question" 42 or failing to check a box shall not impair that consent or registration. 43 (z) require, in consultation and cooperation with the commissioner of 44 education, that every individual applying to practice a profession 45 pursuant to title eight of the education law, be provided space so that 46 such applicant may register in the "donate life registry" for organ, eye 47 and tissue donations under section forty-three hundred ten of this chap- 48 ter with the following stated in clear conspicuous type: "Would you like 49 to be added to the Donate Life Registry? Check box for 'yes' or 'skip 50 this question'". The commissioner shall not maintain records of any 51 person who checks "skip this question". Except where the application is 52 made in person or electronically, failure to check a box shall not 53 impair the validity of an application, and failure to check "yes" or 54 checking "skip this question" shall not be construed to imply a wish not 55 to donate. In the case of an applicant under sixteen years of age, 56 checking "yes" shall not constitute consent to make an anatomical giftA. 2159 5 1 or registration in the donate life registry. Where an applicant has 2 previously consented to make an anatomical gift or registered in the 3 donate life registry, checking "skip this question" or failing to check 4 a box shall not impair that consent or registration. 5 (aa) require, in consultation and cooperation with the department of 6 taxation and finance, that every individual filing a personal income tax 7 return be provided space so that such applicant may register in the 8 "donate life registry" for organ, eye and tissue donations under section 9 forty-three hundred ten of this chapter with the following stated in 10 clear conspicuous type: "Would you like to be added to the Donate Life 11 Registry? Check box for 'yes' or 'skip this question'". The commissioner 12 shall not maintain records of any person who checks "skip this ques- 13 tion". Except where the application is made in person or electronically, 14 failure to check a box shall not impair the validity of an application, 15 and failure to check "yes" or checking "skip this question" shall not be 16 construed to imply a wish not to donate. In the case of an applicant 17 under sixteen years of age, checking "yes" shall not constitute consent 18 to make an anatomical gift or registration in the donate life registry. 19 Where an applicant has previously consented to make an anatomical gift 20 or registered in the donate life registry, checking "skip this question" 21 or failing to check a box shall not impair that consent or registration. 22 (bb) require, in consultation and cooperation with the commissioner of 23 motor vehicles, that every individual applying for a registration or 24 renewal thereof of a motor vehicle be provided space so that such appli- 25 cant may register in the "donate life registry" for organ, eye and 26 tissue donations under section forty-three hundred ten of this chapter 27 with the following stated in clear conspicuous type: "Would you like to 28 be added to the Donate Life Registry? Check box for 'yes' or 'skip this 29 question'". The commissioner shall not maintain records of any person 30 who checks "skip this question". Except where the application is made in 31 person or electronically, failure to check a box shall not impair the 32 validity of an application, and failure to check "yes" or checking "skip 33 this question" shall not be construed to imply a wish not to donate. In 34 the case of an applicant under sixteen years of age, checking "yes" 35 shall not constitute consent to make an anatomical gift or registration 36 in the donate life registry. Where an applicant has previously consented 37 to make an anatomical gift or registered in the donate life registry, 38 checking "skip this question" or failing to check a box shall not impair 39 that consent or registration. 40 (cc) require, in consultation and cooperation with the state board of 41 law examiners, that every individual applying for admission to practice 42 or on a biennial registration form pursuant to section four hundred 43 sixty-four or four hundred sixty-eight-a of the judiciary law, be 44 provided space so that such applicant may register in the "donate life 45 registry" for organ, eye and tissue donations under section forty-three 46 hundred ten of this chapter with the following stated in clear 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 commissioner shall not main- 49 tain records of any person who checks "skip this question". Except where 50 the application is made in person or electronically, failure to check a 51 box shall not impair the validity of an application, and failure to 52 check "yes" or checking "skip this question" shall not be construed to 53 imply a wish not to donate. In the case of an applicant under sixteen 54 years of age, checking "yes" shall not constitute consent to make an 55 anatomical gift or registration in the donate life registry. Where an 56 applicant has previously consented to make an anatomical gift or regis-A. 2159 6 1 tered in the donate life registry, checking "skip this question" or 2 failing to check a box shall not impair that consent or registration. 3 (dd) require, in consultation and cooperation with the secretary of 4 state, that every individual applying to conduct a profession or occupa- 5 tion which is licensed or registered by the department of state be 6 provided space so that such applicant may register in the "donate life 7 registry" for organ, eye and tissue donations under section forty-three 8 hundred ten of this chapter with the following stated in clear conspicu- 9 ous type: "Would you like to be added to the Donate Life Registry? Check 10 box for 'yes' or 'skip this question'". The commissioner shall not main- 11 tain records of any person who checks "skip this question". Except where 12 the application is made in person or electronically, failure to check a 13 box shall not impair the validity of an application, and failure to 14 check "yes" or checking "skip this question" shall not be construed to 15 imply a wish not to donate. In the case of an applicant under sixteen 16 years of age, checking "yes" shall not constitute consent to make an 17 anatomical gift or registration in the donate life registry. Where an 18 applicant has previously consented to make an anatomical gift or regis- 19 tered in the donate life registry, checking "skip this question" or 20 failing to check a box shall not impair that consent or registration. 21 § 7. Section 3006 of the education law is amended by adding a new 22 subdivision 4 to read as follows: 23 4. Organ, eye and tissue donation. The commissioner shall provide on 24 each application for a certificate, license or registration issued 25 pursuant to this article, and each renewal thereof, space for the appli- 26 cant to register in the "donate life registry" for organ, eye and tissue 27 donations established pursuant to section forty-three hundred ten of the 28 public health law with the following stated on the application in clear 29 and conspicuous type: "Would you like to be added to the Donate Life 30 Registry? Check box for 'yes' or 'skip this question'". The regents 31 shall not maintain records of any person who checks "skip this ques- 32 tion". Failure to check "yes" or checking "skip this question" shall not 33 be construed to imply a wish not to donate. In the case of an applicant 34 under sixteen years of age, checking "yes" shall not constitute consent 35 to make an anatomical gift or registration in the donate life registry. 36 Provided, that where an applicant has previously consented to make an 37 anatomical gift or registered in the "donate life registry", failing to 38 check a box shall not impair such consent or registration. 39 § 8. Section 6501 of the education law is amended by adding a new 40 subdivision 3 to read as follows: 41 3. The regents shall provide, on each application to practice a 42 profession pursuant to this title and each application for renewal of a 43 license, registration or certification to practice such a profession, 44 space for the applicant to register in the "donate life registry" of 45 organ, eye and tissue donations established pursuant to section forty- 46 three hundred ten of the public health law with the following stated on 47 the application in clear and conspicuous type: "Would you like to be 48 added to the Donate Life Registry? Check box for 'yes' or 'skip this 49 question'". The regents shall not maintain records of any person who 50 checks "skip this question". Failure to check "yes" or checking "skip 51 this question" shall not be construed to imply a wish not to donate. In 52 the case of an applicant under sixteen years of age, checking "yes" 53 shall not constitute consent to make an anatomical gift or registration 54 in the donate life registry. Provided, that where an applicant has 55 previously consented to make an anatomical gift or registered in theA. 2159 7 1 "donate life registry", failing to check a box shall not impair such 2 consent or registration. 3 § 9. 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 § 10. 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 § 11. Section 464 of the judiciary law is amended by adding a new 39 closing 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.A. 2159 8 1 § 12. 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 § 13. 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 § 14. 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 section three-a of this act shall take effect on the same date and 40 in the same manner as chapter 149 of the laws of 2020 takes effect. 41 Effective immediately, the addition, amendment and/or repeal of any rule 42 or regulation necessary for the implementation of this act on its effec- 43 tive date are authorized and directed to be made and completed on or 44 before such effective date.
