Bill Text: NY A08116 | 2017-2018 | General Assembly | Introduced
Bill Title: Authorizes registration as an organ donor in the donate life registry on SUNY, CUNY and library card applications.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced - Dead) 2018-05-31 - held for consideration in higher education [A08116 Detail]
Download: New_York-2017-A08116-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8116 2017-2018 Regular Sessions IN ASSEMBLY May 30, 2017 ___________ Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Higher Education AN ACT to amend the public health law and the education law, in relation to registration in the donate life registry The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2, paragraph (a) of subdivision 5 and subdivi- 2 sion 9 of section 4310 of the public health law, subdivision 2 as 3 amended and subdivision 9 as added by section 27 of part A of chapter 60 4 of the laws of 2014 and paragraph (a) of subdivision 5 as separately 5 amended by chapters 40 and 248 of the laws of 2016, are amended to read 6 as follows: 7 2. The commissioner may enter into a multi-year contract for the oper- 8 ation and promotion of the donate life registry subject to such terms 9 and conditions as may be contained within such contract with a not-for- 10 profit organization that has experience working with organ, eye and 11 tissue procurement organizations, has expertise in conducting organ, eye 12 and tissue donor promotional campaigns, and is affiliated with the 13 organ, eye and tissue donation community throughout the state. The 14 contractor may subcontract as needed for the effective performance of 15 the contract. All such subcontractors and the terms of such subcontracts 16 shall be subject to approval by the commissioner. Any applicable state 17 agency, including, but not limited to, the department, the department of 18 motor vehicles, the state university of New York, and the city universi- 19 ty of New York boards of trustees, and the board of elections, and 20 libraries within the state, shall cooperate in the collection and trans- 21 fer of registrant data to the donate life registry. 22 (a) Such organ, eye and tissue registration of consent to make an 23 anatomical gift can be made through: (i) indication made on the applica- 24 tion or renewal form of a driver's license, (ii) indication made on a 25 non-driver identification card application or renewal form, (iii) indi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10656-10-7A. 8116 2 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, [or] (vii) indi- 6 cation made on the common application used for admittance to attend a 7 city or state university of New York college pursuant to subdivision 8 twenty of section three hundred fifty-five or subdivision twenty of 9 section sixty-two hundred six of the education law; (viii) indication 10 made on the application for a library card pursuant to section two 11 hundred sixty-two-a of the education law, or (ix) through any other 12 method identified by the commissioner. The department shall establish a 13 means by which to register the consent given by individuals who are 14 sixteen or seventeen years of age in the donate life registry, and shall 15 make registration available by any of the methods provided in subpara- 16 graphs (i), (ii), (iii), (iv), (v) [and], (vi), (vii) and (viii) of this 17 paragraph. 18 9. An interagency work group, composed of the commissioner, the 19 commissioner of the department of motor vehicles, a chair of the board 20 of elections, a trustee of the state university of New York, a represen- 21 tative of libraries in the state of New York, or their designees, and 22 such other individuals as may be designated by the commissioner, shall 23 be established to meet with the contractor annually and as needed to 24 review the status of the donate life registry, to examine the steps that 25 might be taken by state agencies to enhance its performance and to make 26 recommendations to the contractor. 27 § 2. Paragraph (a) of subdivision 5 of section 4310 of the public 28 health law, as amended by section 27 of part A of chapter 60 of the laws 29 of 2014, is amended to read as follows: 30 (a) Such organ, eye and tissue registration of consent to make an 31 anatomical gift can be made through: (i) indication made on the applica- 32 tion or renewal form of a driver's license, (ii) indication made on a 33 non-driver identification card application or renewal form, (iii) indi- 34 cation made on a voter registration form pursuant to subdivision five of 35 section 5-210 of the election law, (iv) indication made on the applica- 36 tion for health care coverage offered through the state health benefit 37 exchange, (v) enrollment through the donate life registry website, [(v)] 38 (vi) paper enrollment submitted to the donate life registry, [or (vi)] 39 (vii) indication made on the common application used for admittance to 40 attend a city or state university of New York college pursuant to subdi- 41 vision twenty of section three hundred fifty-five or subdivision twenty 42 of section sixty-two hundred six of the education law, (viii) indication 43 made on the application for a library card pursuant to section two 44 hundred sixty-two-a of the education law, or (ix) through any other 45 method identified by the commissioner. 46 § 3. Section 355 of the education law is amended by adding a new 47 subdivision 20 to read as follows: 48 20. a. The state university board of trustees shall ensure that the 49 common application used for admittance to attend a state university of 50 New York college includes the question, "would you like to be added to 51 the donate life registry?" or "skip the question", which must be 52 answered in order to submit such application. 53 b. The trustees shall not maintain records of any person who checks 54 "skip this question". Except where the application is made in person or 55 electronically, failure to check a box shall not impair the validity of 56 an application, and failure to check "yes" or checking "skip this ques-A. 8116 3 1 tion" shall not be construed to imply a wish not to donate. In the case 2 of an applicant under eighteen years of age, checking "yes" shall not 3 constitute consent to make an anatomical gift or registration in the 4 donate life registry, except as otherwise provided pursuant to the 5 provisions of paragraph (b) of subdivision one of section forty-three 6 hundred one of the public health law. 7 c. Where an applicant has previously consented to make an anatomical 8 gift or register in the donate life registry, checking "skip this ques- 9 tion" or failing to check a box shall not impair that consent or regis- 10 tration. 11 § 4. Section 6206 of the education law is amended by adding a new 12 subdivision 20 to read as follows: 13 20. a. The city university board of trustees shall ensure that the 14 common application used for admittance to attend a city university of 15 New York college includes the question, "would you like to be added to 16 the donate life registry?" or "skip the question", which must be 17 answered in order to submit such application. 18 b. The regents shall not maintain records of any person who checks 19 "skip this question". Except where the application is made in person or 20 electronically, failure to check a box shall not impair the validity of 21 an application, and failure to check "yes" or checking "skip this ques- 22 tion" shall not be construed to imply a wish not to donate. In the case 23 of an applicant under eighteen years of age, checking "yes" shall not 24 constitute consent to make an anatomical gift or registration in the 25 donate life registry, except as otherwise provided pursuant to the 26 provisions of paragraph (b) of subdivision one of section forty-three 27 hundred one of the public health law. 28 c. Where an applicant has previously consented to make an anatomical 29 gift or register in the donate life registry, checking "skip this ques- 30 tion" or failing to check a box shall not impair that consent or regis- 31 tration. 32 § 5. The education law is amended by adding a new section 262-a to 33 read as follows: 34 § 262-a. Application for library card; registration in the donate life 35 registry. 1. Where required by law for application forms described in 36 subparagraph (viii) of paragraph (a) of subdivision five of section 37 forty-three hundred ten of the public health law, every library, other 38 than a school library, shall ensure that space is provided on the appli- 39 cation for a library card so that the applicant shall register or 40 decline registration in the donate life registry for organ, eye and 41 tissue donations under section forty-three hundred ten of the public 42 health law and that the following is stated on the application in clear 43 and conspicuous type: 44 "You must fill out the following section: Would you like to be added 45 to the Donate Life Registry? Check box for 'yes' or 'skip the ques- 46 tion'." 47 2. The department shall not maintain records of any person who checks 48 "skip this question". Except where the application is made in person or 49 electronically, failure to check a box shall not impair the validity of 50 an application, and failure to check "yes" or checking "skip this ques- 51 tion" shall not be construed to imply a wish not to donate. In the case 52 of an applicant under sixteen years of age, checking "yes" shall not 53 constitute consent to make an anatomical gift or registration in the 54 donate life registry, except as otherwise provided pursuant to the 55 provisions of paragraph (b) of subdivision one of section forty-three 56 hundred one of the public health law.A. 8116 4 1 3. Where an applicant has previously consented to make an anatomical 2 gift or register in the donate life registry, checking "skip the ques- 3 tion" or failing to check a box shall not impair that consent or regis- 4 tration. 5 4. The commissioner, in collaboration with the commissioner of health 6 shall develop instructional tools and materials for libraries to assist 7 in the education of organ donation and enrollment in the New York State 8 Donate Life Registry. Materials and instructional tools to advance and 9 promote education awareness on organ donation shall be made available to 10 libraries upon request at no charge. 11 5. The commissioner shall promulgate regulations pursuant to which the 12 department may provide financial assistance to libraries for updating 13 library card applications upon showing that costs associated with updat- 14 ing application forms in compliance with this section would impose a 15 financial hardship. 16 § 6. This act shall take effect immediately, provided that the amend- 17 ments to paragraph (a) of subdivision 5 of section 4310 of the public 18 health law made by section one of this act shall be subject to the expi- 19 ration and reversion of such subdivision pursuant to section 6 of chap- 20 ter 465 of the laws of 2012, as amended, when upon such date the 21 provisions of section two of this act shall take effect.