Bill Text: NY A02882 | 2019-2020 | 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 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to health [A02882 Detail]
Download: New_York-2019-A02882-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2882 2019-2020 Regular Sessions IN ASSEMBLY January 28, 2019 ___________ 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. LBD01342-01-9A. 2882 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 § 4. Paragraphs (b) and (c) of subdivision 5 of section 4310 of the 51 public health law are REPEALED and a new paragraph (b) is added to read 52 as follows: 53 (b) Enrollment or amendment or revocation through the donate life 54 registry website through any of the means listed in this subdivision may 55 be signed by electronic signature, in accordance with the provisions of 56 article three of the state technology law, supported by the use of suit-A. 2882 3 1 able mechanisms including unique identifiers to provide confidence in 2 the identity of the person providing the electronic signature. The 3 registration shall take effect upon the provision of written or elec- 4 tronic notice of the registration to the individual enrolling in the 5 donate life registry. 6 § 5. Paragraphs (d), (e) and (f) of subdivision 5 of section 4310 of 7 the public health law are relettered paragraphs (c), (d) and (e). 8 § 6. Subdivision 1 of section 206 of the public health law is amended 9 by adding eight new paragraphs (w), (x), (y), (z), (aa), (bb), (cc) and 10 (dd) to read as follows: 11 (w) require, in consultation and cooperation with the civil service 12 department and municipal commissions, that every individual applying for 13 a civil service examination be provided space so that such applicant may 14 register in the "donate life registry" for organ, eye and tissue 15 donations under section forty-three hundred ten of this chapter with the 16 following stated in clear conspicuous type: "Would you like to be added 17 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 18 tion'". Neither the civil service department nor municipal commissions 19 shall maintain records of any person who checks "skip this question". 20 Except where the application is made in person or electronically, fail- 21 ure to check a box shall not impair the validity of an application, and 22 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 (x) require, in consultation and cooperation with the commissioner of 30 the department of labor, that every individual filing a claim for unem- 31 ployment benefits be provided space so that such applicant may register 32 in the "donate life registry" for organ, eye and tissue donations under 33 section forty-three hundred ten of this chapter with the following stat- 34 ed in clear conspicuous type: "Would you like to be added to the Donate 35 Life Registry? Check box for 'yes' or 'skip this question'". The commis- 36 sioner shall not maintain records of any person who checks "skip this 37 question". Except where the claim for benefits is made in person or 38 electronically, failure to check a box shall not impair the validity of 39 an application, and failure to check "yes" or checking "skip this ques- 40 tion" shall not be construed to imply a wish not to donate. In the case 41 of a claimant under sixteen years of age, checking "yes" shall not 42 constitute consent to make an anatomical gift or registration in the 43 donate life registry. Where a claimant has previously consented to make 44 an anatomical gift or registered in the donate life registry, checking 45 "skip this question" or failing to check a box shall not impair that 46 consent or registration. 47 (y) require, in consultation and cooperation with the commissioner of 48 education, that every individual applying for a certificate, license or 49 registration issued pursuant to article sixty-one of the education law, 50 be provided space so that such applicant may register in the "donate 51 life registry" for organ, eye and tissue donations under section forty- 52 three hundred ten of this chapter with the following stated in clear 53 conspicuous type: "Would you like to be added to the Donate Life Regis- 54 try? Check box for 'yes' or 'skip this question'". The commissioner 55 shall not maintain records of any person who checks "skip this ques- 56 tion". Except where the application is made in person or electronically,A. 2882 4 1 failure to check a box shall not impair the validity of an application, 2 and failure to check "yes" or checking "skip this question" shall not be 3 construed to imply a wish not to donate. In the case of an applicant 4 under sixteen years of age, checking "yes" shall not constitute consent 5 to make an anatomical gift or registration in the donate life registry. 6 Where an applicant has previously consented to make an anatomical gift 7 or registered in the donate life registry, checking "skip this question" 8 or failing to check a box shall not impair that consent or registration. 9 (z) require, in consultation and cooperation with the commissioner of 10 education, that every individual applying to practice a profession 11 pursuant to title eight of the education law, be provided space so that 12 such applicant may register in the "donate life registry" for organ, eye 13 and tissue donations under section forty-three hundred ten of this chap- 14 ter with the following stated in clear conspicuous type: "Would you like 15 to be added to the Donate Life Registry? Check box for 'yes' or 'skip 16 this question'". The commissioner shall not maintain records of any 17 person who checks "skip this question". Except where the application is 18 made in person or electronically, failure to check a box shall not 19 impair the validity of an application, and failure to check "yes" or 20 checking "skip this question" shall not be construed to imply a wish not 21 to donate. In the case of an applicant under sixteen years of age, 22 checking "yes" shall not constitute consent to make an anatomical gift 23 or registration in the donate life registry. Where an applicant has 24 previously consented to make an anatomical gift or registered in the 25 donate life registry, checking "skip this question" or failing to check 26 a box shall not impair that consent or registration. 27 (aa) require, in consultation and cooperation with the department of 28 taxation and finance, that every individual filing a personal income tax 29 return be provided space so that such applicant may register in the 30 "donate life registry" for organ, eye and tissue donations under section 31 forty-three hundred ten of this chapter with the following stated in 32 clear conspicuous type: "Would you like to be added to the Donate Life 33 Registry? 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 (bb) require, in consultation and cooperation with the commissioner of 45 motor vehicles, that every individual applying for a registration or 46 renewal thereof of a motor vehicle be provided space so that such appli- 47 cant may register in the "donate life registry" for organ, eye and 48 tissue donations under section forty-three hundred ten of this chapter 49 with the following stated in clear conspicuous type: "Would you like to 50 be added to the Donate Life Registry? Check box for 'yes' or 'skip this 51 question'". The commissioner shall not maintain records of any person 52 who checks "skip this question". Except where the application is made in 53 person or electronically, failure to check a box shall not impair the 54 validity of an application, and failure to check "yes" or checking "skip 55 this question" shall not be construed to imply a wish not to donate. In 56 the case of an applicant under sixteen years of age, checking "yes"A. 2882 5 1 shall not constitute consent to make an anatomical gift or registration 2 in the donate life registry. Where an applicant has previously consented 3 to make an anatomical gift or registered in the donate life registry, 4 checking "skip this question" or failing to check a box shall not impair 5 that consent or registration. 6 (cc) require, in consultation and cooperation with the state board of 7 law examiners, that every individual applying for admission to practice 8 or on a biennial registration form pursuant to section four hundred 9 sixty-four or four hundred sixty-eight-a of the judiciary law, be 10 provided space so that such applicant may register in the "donate life 11 registry" for organ, eye and tissue donations under section forty-three 12 hundred ten of this chapter with the following stated in clear conspicu- 13 ous type: "Would you like to be added to the Donate Life Registry? Check 14 box for 'yes' or 'skip this question'". The commissioner shall not main- 15 tain records of any person who checks "skip this question". Except where 16 the application is made in person or electronically, failure to check a 17 box shall not impair the validity of an application, and failure to 18 check "yes" or checking "skip this question" shall not be construed to 19 imply a wish not to donate. In the case of an applicant under sixteen 20 years of age, checking "yes" shall not constitute consent to make an 21 anatomical gift or registration in the donate life registry. Where an 22 applicant has previously consented to make an anatomical gift or regis- 23 tered in the donate life registry, checking "skip this question" or 24 failing to check a box shall not impair that consent or registration. 25 (dd) require, in consultation and cooperation with the secretary of 26 state, that every individual applying to conduct a profession or occupa- 27 tion which is licensed or registered by the department of state be 28 provided space so that such applicant may register in the "donate life 29 registry" for organ, eye and tissue donations under section forty-three 30 hundred ten of this chapter with the following stated in clear conspicu- 31 ous type: "Would you like to be added to the Donate Life Registry? Check 32 box for 'yes' or 'skip this question'". The commissioner shall not main- 33 tain records of any person who checks "skip this question". Except where 34 the application is made in person or electronically, failure to check a 35 box shall not impair the validity of an application, and failure to 36 check "yes" or checking "skip this question" shall not be construed to 37 imply a wish not to donate. In the case of an applicant under sixteen 38 years of age, checking "yes" shall not constitute consent to make an 39 anatomical gift or registration in the donate life registry. Where an 40 applicant has previously consented to make an anatomical gift or regis- 41 tered in the donate life registry, checking "skip this question" or 42 failing to check a box shall not impair that consent or registration. 43 § 7. Section 3006 of the education law is amended by adding a new 44 subdivision 4 to read as follows: 45 4. Organ, eye and tissue donation. The commissioner shall provide on 46 each application for a certificate, license or registration issued 47 pursuant to this article, and each renewal thereof, space for the appli- 48 cant to register in the "donate life registry" for organ, eye and tissue 49 donations established pursuant to section forty-three hundred ten of the 50 public health law with the following stated on the application in clear 51 and conspicuous type: "Would you like to be added to the Donate Life 52 Registry? Check box for 'yes' or 'skip this question'". The regents 53 shall not maintain records of any person who checks "skip this ques- 54 tion". Failure to check "yes" or checking "skip this question" shall not 55 be construed to imply a wish not to donate. In the case of an applicant 56 under sixteen years of age, checking "yes" shall not constitute consentA. 2882 6 1 to make an anatomical gift or registration in the donate life registry. 2 Provided, that where an applicant has previously consented to make an 3 anatomical gift or registered in the "donate life registry", failing to 4 check a box shall not impair such consent or registration. 5 § 8. Section 6501 of the education law is amended by adding a new 6 subdivision 3 to read as follows: 7 3. The regents shall provide, on each application to practice a 8 profession pursuant to this title and each application for renewal of a 9 license, registration or certification to practice such a profession, 10 space for the applicant to register in the "donate life registry" of 11 organ, eye and tissue donations established pursuant to section forty- 12 three hundred ten of the public health law with the following stated on 13 the application in clear and conspicuous type: "Would you like to be 14 added to the Donate Life Registry? Check box for 'yes' or 'skip this 15 question'". The regents shall not maintain records of any person who 16 checks "skip this question". Failure to check "yes" or checking "skip 17 this question" shall not be construed to imply a wish not to donate. In 18 the case of an applicant under sixteen years of age, checking "yes" 19 shall not constitute consent to make an anatomical gift or registration 20 in the donate life registry. Provided, that where an applicant has 21 previously consented to make an anatomical gift or registered in the 22 "donate life registry", failing to check a box shall not impair such 23 consent or registration. 24 § 9. Section 651 of the tax law is amended by adding a new subsection 25 (a-1) to read as follows: 26 (a-1) Organ, eye and tissue donation. The commissioner shall provide 27 on each return space for the taxpayer or taxpayers to register in the 28 "donate life registry" for organ, eye and tissue donations established 29 pursuant to section forty-three hundred ten of the public health law 30 with the following stated on the application in clear and conspicuous 31 type: "Would you like to be added to the Donate Life Registry? Check box 32 for 'yes' or 'skip this question'". The commissioner shall not maintain 33 records of any person who checks "skip this question". Failure to check 34 "yes" or checking "skip this question" shall not be construed to imply a 35 wish not to donate. In the case of an applicant under sixteen years of 36 age, checking "yes" shall not constitute consent to make an anatomical 37 gift or registration in the donate life registry. Provided, that where a 38 taxpayer has previously consented to make an anatomical gift or regis- 39 tered in the "donate life registry", failing to check a box shall not 40 impair such consent or registration. 41 § 10. Paragraph b of subdivision 1 of section 401 of the vehicle and 42 traffic law is amended by adding a new closing paragraph to read as 43 follows: 44 The commissioner shall provide on each application for registration 45 and renewal thereof space for the motor vehicle owner to register in the 46 "donate life registry" for organ, eye and tissue donations established 47 pursuant to section forty-three hundred ten of the public health law 48 with the following stated on the application in clear and conspicuous 49 type: "Would you like to be added to the Donate Life Registry? Check box 50 for 'yes' or 'skip this question'". The commissioner shall not maintain 51 records of any person who checks "skip this question". Failure to check 52 "yes" or checking "skip this question" shall not be construed to imply a 53 wish not to donate. In the case of an applicant under sixteen years of 54 age, checking "yes" shall not constitute consent to make an anatomical 55 gift or registration in the donate life registry. Provided, that where a 56 motor vehicle owner has previously consented to make an anatomical giftA. 2882 7 1 or registered in the "donate life registry", failing to check a box 2 shall not impair such consent or registration. 3 § 11. Section 464 of the judiciary law is amended by adding a new 4 closing paragraph to read as follows: 5 The chief administrator of the courts shall provide on each applica- 6 tion for admission to practice, space for the applicant to register in 7 the "donate life registry" for organ, eye and tissue donations estab- 8 lished pursuant to section forty-three hundred ten of the public health 9 law with the following stated on the application in clear and 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 chief administrator of the 12 courts shall not maintain records of any person who checks "skip this 13 question". Failure to check "yes" or checking "skip this question" 14 shall not be construed to imply a wish not to donate. In the case of an 15 applicant under sixteen years of age, checking "yes" shall not consti- 16 tute consent to make an anatomical gift or registration in the donate 17 life registry. Provided, that where an applicant has previously 18 consented to make an anatomical gift or registered in the "donate life 19 registry", failing to check a box shall not impair such consent or 20 registration. 21 § 12. Section 468-a of the judiciary law is amended by adding a new 22 subdivision 4-a to read as follows: 23 4-a. The chief administrator shall provide on each biennial registra- 24 tion form space for the attorney to register in the "donate life regis- 25 try" for organ, eye and tissue donations established pursuant to section 26 forty-three hundred ten of the public health law with the following 27 stated on the application in clear and conspicuous type: "Would you like 28 to be added to the Donate Life Registry? Check box for 'yes' or 'skip 29 this question'". The chief administrator shall not maintain records of 30 any person who checks "skip this question". Failure to check "yes" or 31 checking "skip this question" shall not be construed to imply a wish not 32 to donate. In the case of an applicant under sixteen years of age, 33 checking "yes" shall not constitute consent to make an anatomical gift 34 or registration in the donate life registry. Provided, that where an 35 attorney has previously consented to make an anatomical gift or regis- 36 tered in the "donate life registry", failing to check a box shall not 37 impair such consent or registration. 38 § 13. The executive law is amended by adding a new section 91-a to 39 read as follows: 40 § 91-a. Organ, eye and tissue donation. The secretary shall provide 41 on each application to conduct a profession or occupation which is 42 licensed or registered by the department, and each renewal thereof, 43 space for the applicant to register in the "donate life registry" for 44 organ, eye and tissue donations established pursuant to section forty- 45 three hundred ten of the public health law with the following stated on 46 the application in clear and conspicuous type: "Would you like to be 47 added to the Donate Life Registry? Check box for 'yes' or 'skip this 48 question'". The secretary shall not maintain records of any person who 49 checks "skip this question". Failure to check "yes" or checking "skip 50 this question" shall not be construed to imply a wish not to donate. In 51 the case of an applicant under sixteen years of age, checking "yes" 52 shall not constitute consent to make an anatomical gift or registration 53 in the donate life registry. Provided, that where an applicant has 54 previously consented to make an anatomical gift or registered in the 55 "donate life registry", failing to check a box shall not impair such 56 consent or registration.A. 2882 8 1 § 14. This act shall take effect on the first of January next succeed- 2 ing the date on which it shall have become a law; provided, however, 3 that effective immediately, the addition, amendment and/or repeal of any 4 rule or regulation necessary for the implementation of this act on its 5 effective date are authorized and directed to be made and completed on 6 or before such effective date.
