Bill Text: NY A02526 | 2017-2018 | General Assembly | Amended
Bill Title: Requires that space be provided on applications for the practice of a profession or occupation, state income tax returns, 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: Slight Partisan Bill (Democrat 12-4)
Status: (Introduced - Dead) 2018-03-13 - print number 2526b [A02526 Detail]
Download: New_York-2017-A02526-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2526--B 2017-2018 Regular Sessions IN ASSEMBLY January 20, 2017 ___________ Introduced by M. of A. SIMOTAS, DINOWITZ, MAYER, ORTIZ, BUCHWALD, O'DONNELL, QUART, LUPARDO, BRAUNSTEIN, ERRIGO, RAIA, PALMESANO, CRES- PO, HEVESI, HUNTER -- Multi-Sponsored by -- M. of A. STEC -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- recommitted to the Committee on Health in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00150-09-8A. 2526--B 2 1 eight of the education law, (ix) indication made on a personal income 2 tax return, (x) indication made on an application for registration or 3 renewal thereof of a motor vehicle, (xi) indication made on an applica- 4 tion for admission to practice or on a biennial registration form pursu- 5 ant to section four hundred sixty-four or four hundred sixty-eight-a of 6 the judiciary law, (xii) indication made on an application to conduct a 7 profession or occupation which is licensed or registered by the depart- 8 ment of state, or (xiii) through any other method identified by the 9 commissioner. The department shall establish a means by which to regis- 10 ter the consent given by individuals who are sixteen or seventeen years 11 of age in the donate life registry, and shall make registration avail- 12 able by any of the methods provided in subparagraphs (i), (ii), (iii), 13 (iv), (v) [and], (vi), (vii), (viii), (ix), (x), (xi), (xii) and (xiii) 14 of this paragraph. 15 § 2. Paragraphs (b) and (c) of subdivision 5 of section 4310 of the 16 public health law are REPEALED and a new paragraph (b) is added to read 17 as follows: 18 (b) Enrollment or amendment or revocation through the donate life 19 registry website through any of the means listed in this subdivision may 20 be signed by electronic signature, in accordance with the provisions of 21 article three of the state technology law, supported by the use of suit- 22 able mechanisms including unique identifiers to provide confidence in 23 the identity of the person providing the electronic signature. The 24 registration shall take effect upon the provision of written or elec- 25 tronic notice of the registration to the individual enrolling in the 26 donate life registry. 27 § 3. Paragraphs (d), (e) and (f) of subdivision 5 of section 4310 of 28 the public health law are relettered paragraphs (c), (d) and (e). 29 § 4. Subdivision 1 of section 206 of the public health law is amended 30 by adding six new paragraphs (w), (x), (y), (z), (aa) and (bb) to read 31 as follows: 32 (w) require, in consultation and cooperation with the commissioner of 33 education, that every individual applying for a certificate, license or 34 registration issued pursuant to article sixty-one of the education law, 35 be provided space so that such applicant may register in the "donate 36 life registry" for organ, eye and tissue donations under section forty- 37 three hundred ten of this chapter with the following stated in clear 38 conspicuous type: "Would you like to be added to the Donate Life Regis- 39 try? Check box for 'yes' or 'skip this question'". The commissioner 40 shall not maintain records of any person who checks "skip this ques- 41 tion". Except where the application is made in person or electronically, 42 failure to check a box shall not impair the validity of an application, 43 and failure to check "yes" or checking "skip this question" shall not be 44 construed to imply a wish not to donate. In the case of an applicant 45 under sixteen years of age, checking "yes" shall not constitute consent 46 to make an anatomical gift or registration in the donate life registry. 47 Where an applicant has previously consented to make an anatomical gift 48 or registered in the donate life registry, checking "skip this question" 49 or failing to check a box shall not impair that consent or registration. 50 (x) require, in consultation and cooperation with the commissioner of 51 education, that every individual applying to practice a profession 52 pursuant to title eight of the education law, be provided space so that 53 such applicant may register in the "donate life registry" for organ, eye 54 and tissue donations under section forty-three hundred ten of this chap- 55 ter with the following stated in clear conspicuous type: "Would you like 56 to be added to the Donate Life Registry? Check box for 'yes' or 'skipA. 2526--B 3 1 this question'". The commissioner shall not maintain records of any 2 person who checks "skip this question". Except where the application is 3 made in person or electronically, failure to check a box shall not 4 impair the validity of an application, and failure to check "yes" or 5 checking "skip this question" shall not be construed to imply a wish not 6 to donate. In the case of an applicant under sixteen years of age, 7 checking "yes" shall not constitute consent to make an anatomical gift 8 or registration in the donate life registry. Where an applicant has 9 previously consented to make an anatomical gift or registered in the 10 donate life registry, checking "skip this question" or failing to check 11 a box shall not impair that consent or registration. 12 (y) require, in consultation and cooperation with the department of 13 taxation and finance, that every individual filing a personal income tax 14 return be provided space so that such applicant may register in the 15 "donate life registry" for organ, eye and tissue donations under section 16 forty-three hundred ten of this chapter with the following stated in 17 clear conspicuous type: "Would you like to be added to the Donate Life 18 Registry? Check box for 'yes' or 'skip this question'". The commissioner 19 shall not maintain records of any person who checks "skip this ques- 20 tion". Except where the application is made in person or electronically, 21 failure to check a box shall not impair the validity of an application, 22 and failure to check "yes" or checking "skip this question" shall not be 23 construed to imply a wish not to donate. In the case of an applicant 24 under sixteen years of age, checking "yes" shall not constitute consent 25 to make an anatomical gift or registration in the donate life registry. 26 Where an applicant has previously consented to make an anatomical gift 27 or registered in the donate life registry, checking "skip this question" 28 or failing to check a box shall not impair that consent or registration. 29 (z) require, in consultation and cooperation with the commissioner of 30 motor vehicles, that every individual applying for a registration or 31 renewal thereof of a motor vehicle be provided space so that such appli- 32 cant may register in the "donate life registry" for organ, eye and 33 tissue donations under section forty-three hundred ten of this chapter 34 with the following stated in clear conspicuous type: "Would you like to 35 be added to the Donate Life Registry? Check box for 'yes' or 'skip this 36 question'". The commissioner shall not maintain records of any person 37 who checks "skip this question". Except where the application is made in 38 person or electronically, failure to check a box shall not impair the 39 validity of an application, and failure to check "yes" or checking "skip 40 this question" shall not be construed to imply a wish not to donate. In 41 the case of an applicant under sixteen years of age, checking "yes" 42 shall not constitute consent to make an anatomical gift or registration 43 in the donate life registry. Where an applicant has previously consented 44 to make an anatomical gift or registered in the donate life registry, 45 checking "skip this question" or failing to check a box shall not impair 46 that consent or registration. 47 (aa) require, in consultation and cooperation with the state board of 48 law examiners, that every individual applying for admission to practice 49 or on a biennial registration form pursuant to section four hundred 50 sixty-four or four hundred sixty-eight-a of the judiciary law, be 51 provided space so that such applicant may register in the "donate life 52 registry" for organ, eye and tissue donations under section forty-three 53 hundred ten of this chapter with the following stated in clear conspicu- 54 ous type: "Would you like to be added to the Donate Life Registry? Check 55 box for 'yes' or 'skip this question'". The commissioner shall not main- 56 tain records of any person who checks "skip this question". Except whereA. 2526--B 4 1 the application is made in person or electronically, failure to check a 2 box shall not impair the validity of an application, and failure to 3 check "yes" or checking "skip this question" shall not be construed to 4 imply a wish not to donate. In the case of an applicant under sixteen 5 years of age, checking "yes" shall not constitute consent to make an 6 anatomical gift or registration in the donate life registry. Where an 7 applicant has previously consented to make an anatomical gift or regis- 8 tered in the donate life registry, checking "skip this question" or 9 failing to check a box shall not impair that consent or registration. 10 (bb) require, in consultation and cooperation with the secretary of 11 state, that every individual applying to conduct a profession or occupa- 12 tion which is licensed or registered by the department of state be 13 provided space so that such applicant may register in the "donate life 14 registry" for organ, eye and tissue donations under section forty-three 15 hundred ten of this chapter with the following stated in clear conspicu- 16 ous type: "Would you like to be added to the Donate Life Registry? Check 17 box for 'yes' or 'skip this question'". The commissioner shall not main- 18 tain records of any person who checks "skip this question". Except where 19 the application is made in person or electronically, failure to check a 20 box shall not impair the validity of an application, and failure to 21 check "yes" or checking "skip this question" shall not be construed to 22 imply a wish not to donate. In the case of an applicant under sixteen 23 years of age, checking "yes" shall not constitute consent to make an 24 anatomical gift or registration in the donate life registry. Where an 25 applicant has previously consented to make an anatomical gift or regis- 26 tered in the donate life registry, checking "skip this question" or 27 failing to check a box shall not impair that consent or registration. 28 § 5. Section 3006 of the education law is amended by adding a new 29 subdivision 4 to read as follows: 30 4. Organ, eye and tissue donation. The commissioner shall provide on 31 each application for a certificate, license or registration issued 32 pursuant to this article, and each renewal thereof, space for the appli- 33 cant to register in the "donate life registry" for organ, eye and tissue 34 donations established pursuant to section forty-three hundred ten of the 35 public health law with the following stated on the application in clear 36 and conspicuous type: "Would you like to be added to the Donate Life 37 Registry? Check box for 'yes' or 'skip this question'". The regents 38 shall not maintain records of any person who checks "skip this ques- 39 tion". Failure to check "yes" or checking "skip this question" shall not 40 be construed to imply a wish not to donate. In the case of an applicant 41 under sixteen years of age, checking "yes" shall not constitute consent 42 to make an anatomical gift or registration in the donate life registry. 43 Provided, that where an applicant has previously consented to make an 44 anatomical gift or registered in the "donate life registry", failing to 45 check a box shall not impair such consent or registration. 46 § 6. Section 6501 of the education law is amended by adding a new 47 subdivision 3 to read as follows: 48 3. The regents shall provide, on each application to practice a 49 profession pursuant to this title and each application for renewal of a 50 license, registration or certification to practice such a profession, 51 space for the applicant to register in the "donate life registry" of 52 organ, eye and tissue donations established pursuant to section forty- 53 three hundred ten of the public health law with the following stated on 54 the application in clear and conspicuous type: "Would you like to be 55 added to the Donate Life Registry? Check box for 'yes' or 'skip this 56 question'". The regents shall not maintain records of any person whoA. 2526--B 5 1 checks "skip this question". Failure to check "yes" or checking "skip 2 this question" shall not be construed to imply a wish not to donate. In 3 the case of an applicant under sixteen years of age, checking "yes" 4 shall not constitute consent to make an anatomical gift or registration 5 in the donate life registry. Provided, that where an applicant has 6 previously consented to make an anatomical gift or registered in the 7 "donate life registry", failing to check a box shall not impair such 8 consent or registration. 9 § 7. Section 651 of the tax law is amended by adding a new subsection 10 (a-1) to read as follows: 11 (a-1) Organ, eye and tissue donation. The commissioner shall provide 12 on each return space for the taxpayer or taxpayers to register in the 13 "donate life registry" for organ, eye and tissue donations established 14 pursuant to section forty-three hundred ten of the public health law 15 with the following stated on the application in clear and conspicuous 16 type: "Would you like to be added to the Donate Life Registry? Check box 17 for 'yes' or 'skip this question'". The commissioner shall not maintain 18 records of any person who checks "skip this question". Failure to check 19 "yes" or checking "skip this question" shall not be construed to imply a 20 wish not to donate. In the case of an applicant under sixteen years of 21 age, checking "yes" shall not constitute consent to make an anatomical 22 gift or registration in the donate life registry. Provided, that where a 23 taxpayer has previously consented to make an anatomical gift or regis- 24 tered in the "donate life registry", failing to check a box shall not 25 impair such consent or registration. 26 § 8. Paragraph b of subdivision 1 of section 401 of the vehicle and 27 traffic law is amended by adding a new closing paragraph to read as 28 follows: 29 The commissioner shall provide on each application for registration 30 and renewal thereof space for the motor vehicle owner to register in the 31 "donate life registry" for organ, eye and tissue donations established 32 pursuant to section forty-three hundred ten of the public health law 33 with the following stated on the application in clear and conspicuous 34 type: "Would you like to be added to the Donate Life Registry? Check box 35 for 'yes' or 'skip this question'". The commissioner shall not maintain 36 records of any person who checks "skip this question". Failure to check 37 "yes" or checking "skip this question" shall not be construed to imply a 38 wish not to donate. In the case of an applicant under sixteen years of 39 age, checking "yes" shall not constitute consent to make an anatomical 40 gift or registration in the donate life registry. Provided, that where a 41 motor vehicle owner has previously consented to make an anatomical gift 42 or registered in the "donate life registry", failing to check a box 43 shall not impair such consent or registration. 44 § 9. Section 464 of the judiciary law is amended by adding a new clos- 45 ing paragraph to read as follows: 46 The chief administrator of the courts shall provide on each applica- 47 tion for admission to practice, space for the applicant to register in 48 the "donate life registry" for organ, eye and tissue donations estab- 49 lished pursuant to section forty-three hundred ten of the public health 50 law with the following stated on the application in clear and conspicu- 51 ous type: "Would you like to be added to the Donate Life Registry? Check 52 box for 'yes' or 'skip this question'". The chief administrator of the 53 courts shall not maintain records of any person who checks "skip this 54 question". Failure to check "yes" or checking "skip this question" 55 shall not be construed to imply a wish not to donate. In the case of an 56 applicant under sixteen years of age, checking "yes" shall not consti-A. 2526--B 6 1 tute consent to make an anatomical gift or registration in the donate 2 life registry. Provided, that where an applicant has previously 3 consented to make an anatomical gift or registered in the "donate life 4 registry", failing to check a box shall not impair such consent or 5 registration. 6 § 10. Section 468-a of the judiciary law is amended by adding a new 7 subdivision 4-a to read as follows: 8 4-a. The chief administrator shall provide on each biennial registra- 9 tion form space for the attorney to register in the "donate life regis- 10 try" for organ, eye and tissue donations established pursuant to section 11 forty-three hundred ten of the public health law with the following 12 stated on the application in clear and conspicuous type: "Would you like 13 to be added to the Donate Life Registry? Check box for 'yes' or 'skip 14 this question'". The chief administrator shall not maintain records of 15 any person who checks "skip this question". Failure to check "yes" or 16 checking "skip this question" shall not be construed to imply a wish not 17 to donate. In the case of an applicant under sixteen years of age, 18 checking "yes" shall not constitute consent to make an anatomical gift 19 or registration in the donate life registry. Provided, that where an 20 attorney has previously consented to make an anatomical gift or regis- 21 tered in the "donate life registry", failing to check a box shall not 22 impair such consent or registration. 23 § 11. The executive law is amended by adding a new section 91-a to 24 read as follows: 25 § 91-a. Organ, eye and tissue donation. The secretary shall provide 26 on each application to conduct a profession or occupation which is 27 licensed or registered by the department, and each renewal thereof, 28 space for the applicant to register in the "donate life registry" for 29 organ, eye and tissue donations established pursuant to section forty- 30 three hundred ten of the public health law with the following stated on 31 the application in clear and conspicuous type: "Would you like to be 32 added to the Donate Life Registry? Check box for 'yes' or 'skip this 33 question'". The secretary shall not maintain records of any person who 34 checks "skip this question". Failure to check "yes" or checking "skip 35 this question" shall not be construed to imply a wish not to donate. In 36 the case of an applicant under sixteen years of age, checking "yes" 37 shall not constitute consent to make an anatomical gift or registration 38 in the donate life registry. Provided, that where an applicant has 39 previously consented to make an anatomical gift or registered in the 40 "donate life registry", failing to check a box shall not impair such 41 consent or registration. 42 § 12. This act shall take effect on the first of January next succeed- 43 ing the date on which it shall have become a law; provided, however, 44 that effective immediately, the addition, amendment and/or repeal of any 45 rule or regulation necessary for the implementation of this act on its 46 effective date are authorized and directed to be made and completed on 47 or before such effective date.
