Bill Text: NY A08736 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to allowing donate life registration when applying for or renewing a hunting, fishing or trapping license.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-01-03 - referred to environmental conservation [A08736 Detail]

Download: New_York-2017-A08736-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8736
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    October 20, 2017
                                       ___________
        Introduced  by M. of A. SKOUFIS -- read once and referred to the Commit-
          tee on Environmental Conservation
        AN ACT to amend the public health law and the environmental conservation
          law, in relation to allowing donate life  registration  when  applying
          for or renewing a hunting, fishing or trapping license
          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 the application or renewal form of a hunting, fishing  or
    14  trapping license issued pursuant to title seven of article eleven of the
    15  environmental conservation law, or (viii) through any other method iden-
    16  tified  by  the commissioner.  The department shall establish a means by
    17  which to register the consent given by individuals who  are  sixteen  or
    18  seventeen  years  of  age  in  the  donate life registry, and shall make
    19  registration available by any of the methods provided  in  subparagraphs
    20  (i), (ii), (iii), (iv), (v) [and], (vi) and (vii) of this paragraph.
    21    §  2.  Paragraph  (a)  of  subdivision 5 of section 4310 of the public
    22  health law, as amended by section 27 of part A of chapter 60 of the laws
    23  of 2014, is amended to read as follows:
    24    (a) Such organ, eye and tissue registration  of  consent  to  make  an
    25  anatomical gift can be made through: (i) indication made on the applica-
    26  tion  or  renewal  form of a driver's license, (ii) indication made on a
    27  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.
                                                                   LBD13306-02-7
        A. 8736                             2
     1  cation made on a voter registration form pursuant to subdivision five of
     2  section  5-210  of  the election law, (iv) enrollment through the donate
     3  life registry website, (v) paper enrollment submitted to the donate life
     4  registry,  [or]  (vi) indication made on the application or renewal form
     5  of a hunting, fishing or trapping license issued pursuant to title seven
     6  of article eleven  of  the  environmental  conservation  law,  or  (vii)
     7  through any other method identified by the commissioner.
     8    §  3. Subdivision 1 of section 206 of the public health law is amended
     9  by adding a new paragraph (w) to read as follows:
    10    (w) require, in consultation and cooperation with the commissioner  of
    11  the  department  of  environmental  conservation,  that every individual
    12  applying for or renewing a license for  hunting,  fishing,  or  trapping
    13  issued  pursuant  to  title seven of article eleven of the environmental
    14  conservation law, be provided space so that such applicant may  register
    15  in the donate life registry for organ, eye and tissue donations pursuant
    16  to  section  forty-three  hundred ten of this chapter with the following
    17  stated in clear conspicuous type:
    18    "You must fill out the following section: Would you like to  be  added
    19  to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
    20  tion'."
    21    Except where the application is  made  in  person  or  electronically,
    22  failure  to  check a box shall not impair the validity of an application
    23  or renewal, and failure to check "yes" or checking "skip this  question"
    24  shall  not be construed to imply a wish not to donate. In the case of an
    25  applicant under sixteen years of age, checking "yes" shall  not  consti-
    26  tute  consent  to  make an anatomical gift or registration in the donate
    27  life registry. Where an applicant has previously consented  to  make  an
    28  anatomical  gift  or is registered in the donate life registry, checking
    29  "skip this question" or failing to check a box  shall  not  impair  that
    30  consent or registration.
    31    §  4. Section 11-0713 of the environmental conservation law is amended
    32  by adding a new subdivision 7 to read as follows:
    33    7.   The commissioner shall provide, on  each  form  for  purchase  or
    34  renewal  of a license pursuant to this title, space for the applicant to
    35  register in the donate life registry for organ, eye and tissue donations
    36  established pursuant to section forty-three hundred ten  of  the  public
    37  health  law  with  the  following stated on the application in clear and
    38  conspicuous type:
    39    "You must fill out the following section: Would you like to  be  added
    40  to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
    41  tion'."
    42    Failure to check a box shall not be construed to imply a wish  not  to
    43  donate. In the case of an applicant under sixteen years of age, checking
    44  "yes"  shall not constitute consent to make an anatomical gift or regis-
    45  tration in the donate life registry. Where an applicant  has  previously
    46  consented to make an anatomical gift or is registered in the donate life
    47  registry,  checking "skip this question" or failing to check a box shall
    48  not impair that consent or registration.
    49    § 5. This act shall take effect immediately, provided,  however,  that
    50  the amendments to subdivision 5 of section 4310 of the public health law
    51  made  by  section one of this act shall be subject to the expiration and
    52  reversion of such subdivision pursuant to chapter 465  of  the  laws  of
    53  2012,  as  amended, when upon such date the provisions of section two of
    54  this act shall take effect.