Bill Text: NY S05283 | 2017-2018 | General Assembly | Amended
Bill Title: Authorizes registration as an organ donor in the donate life registry on SUNY, CUNY and library card applications.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2018-02-13 - referred to higher education [S05283 Detail]
Download: New_York-2017-S05283-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5283--C Cal. No. 689 2017-2018 Regular Sessions IN SENATE March 20, 2017 ___________ Introduced by Sens. JACOBS, AVELLA, BOYLE, BRESLIN, CROCI, DeFRANCISCO, FLANAGAN, GALLIVAN, GOLDEN, HELMING, HOYLMAN, KENNEDY, LATIMER, RANZENHOFER, SAVINO, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Educa- tion -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged and said bill committed to the Committee on Rules -- ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10656-09-7S. 5283--C 2 1 shall be subject to approval by the commissioner. Any applicable state 2 agency, including, but not limited to, the department, the department of 3 motor vehicles, the state university of New York, and the city universi- 4 ty of New York boards of trustees, and the board of elections, and 5 libraries within the state, shall cooperate in the collection and trans- 6 fer of registrant data to the donate life registry. 7 (a) Such organ, eye and tissue registration of consent to make an 8 anatomical gift can be made through: (i) indication made on the applica- 9 tion or renewal form of a driver's license, (ii) indication made on a 10 non-driver identification card application or renewal form, (iii) indi- 11 cation made on a voter registration form pursuant to subdivision five of 12 section 5-210 of the election law, (iv) indication made on the applica- 13 tion for health care coverage offered through the state health benefit 14 exchange, (v) enrollment through the donate life registry website, (vi) 15 paper enrollment submitted to the donate life registry, [or] (vii) indi- 16 cation made on the common application used for admittance to attend a 17 city or state university of New York college pursuant to subdivision 18 twenty of section three hundred fifty-five or subdivision twenty of 19 section sixty-two hundred six of the education law; (viii) indication 20 made on the application for a library card pursuant to section two 21 hundred sixty-two-a of the education law, or (ix) through any other 22 method identified by the commissioner. The department shall establish a 23 means by which to register the consent given by individuals who are 24 sixteen or seventeen years of age in the donate life registry, and shall 25 make registration available by any of the methods provided in subpara- 26 graphs (i), (ii), (iii), (iv), (v) [and], (vi), (vii) and (viii) of this 27 paragraph. 28 9. An interagency work group, composed of the commissioner, the 29 commissioner of the department of motor vehicles, a chair of the board 30 of elections, a trustee of the state university of New York, a represen- 31 tative of libraries in the state of New York, or their designees, and 32 such other individuals as may be designated by the commissioner, shall 33 be established to meet with the contractor annually and as needed to 34 review the status of the donate life registry, to examine the steps that 35 might be taken by state agencies to enhance its performance and to make 36 recommendations to the contractor. 37 § 2. Paragraph (a) of subdivision 5 of section 4310 of the public 38 health law, as amended by section 27 of part A of chapter 60 of the laws 39 of 2014, is amended to read as follows: 40 (a) Such organ, eye and tissue registration of consent to make an 41 anatomical gift can be made through: (i) indication made on the applica- 42 tion or renewal form of a driver's license, (ii) indication made on a 43 non-driver identification card application or renewal form, (iii) indi- 44 cation made on a voter registration form pursuant to subdivision five of 45 section 5-210 of the election law, (iv) indication made on the applica- 46 tion for health care coverage offered through the state health benefit 47 exchange, (v) enrollment through the donate life registry website, [(v)] 48 (vi) paper enrollment submitted to the donate life registry, [or (vi)] 49 (vii) indication made on the common application used for admittance to 50 attend a city or state university of New York college pursuant to subdi- 51 vision twenty of section three hundred fifty-five or subdivision twenty 52 of section sixty-two hundred six of the education law, (viii) indication 53 made on the application for a library card pursuant to section two 54 hundred sixty-two-a of the education law, or (ix) through any other 55 method identified by the commissioner.S. 5283--C 3 1 § 3. Section 355 of the education law is amended by adding a new 2 subdivision 20 to read as follows: 3 20. a. The state university board of trustees shall ensure that the 4 common application used for admittance to attend a state university of 5 New York college includes the question, "would you like to be added to 6 the donate life registry?" or "skip the question", which must be 7 answered in order to submit such application. 8 b. The trustees shall not maintain records of any person who checks 9 "skip this question". Except where the application is made in person or 10 electronically, failure to check a box shall not impair the validity of 11 an application, and failure to check "yes" or checking "skip this ques- 12 tion" shall not be construed to imply a wish not to donate. In the case 13 of an applicant under eighteen years of age, checking "yes" shall not 14 constitute consent to make an anatomical gift or registration in the 15 donate life registry, except as otherwise provided pursuant to the 16 provisions of paragraph (b) of subdivision one of section forty-three 17 hundred one of the public health law. 18 c. Where an applicant has previously consented to make an anatomical 19 gift or register in the donate life registry, checking "skip this ques- 20 tion" or failing to check a box shall not impair that consent or regis- 21 tration. 22 § 4. Section 6206 of the education law is amended by adding a new 23 subdivision 20 to read as follows: 24 20. a. The city university board of trustees shall ensure that the 25 common application used for admittance to attend a city university of 26 New York college includes the question, "would you like to be added to 27 the donate life registry?" or "skip the question", which must be 28 answered in order to submit such application. 29 b. The regents shall not maintain records of any person who checks 30 "skip this question". Except where the application is made in person or 31 electronically, failure to check a box shall not impair the validity of 32 an application, and failure to check "yes" or checking "skip this ques- 33 tion" shall not be construed to imply a wish not to donate. In the case 34 of an applicant under eighteen years of age, checking "yes" shall not 35 constitute consent to make an anatomical gift or registration in the 36 donate life registry, except as otherwise provided pursuant to the 37 provisions of paragraph (b) of subdivision one of section forty-three 38 hundred one of the public health law. 39 c. Where an applicant has previously consented to make an anatomical 40 gift or register in the donate life registry, checking "skip this ques- 41 tion" or failing to check a box shall not impair that consent or regis- 42 tration. 43 § 5. The education law is amended by adding a new section 262-a to 44 read as follows: 45 § 262-a. Application for library card; registration in the donate life 46 registry. 1. Where required by law for application forms described in 47 subparagraph (viii) of paragraph (a) of subdivision five of section 48 forty-three hundred ten of the public health law, every library, other 49 than a school library, shall ensure that space is provided on the appli- 50 cation for a library card so that the applicant shall register or 51 decline registration in the donate life registry for organ, eye and 52 tissue donations under section forty-three hundred ten of the public 53 health law and that the following is stated on the application in clear 54 and conspicuous type:S. 5283--C 4 1 "You must fill out the following section: Would you like to be added 2 to the Donate Life Registry? Check box for 'yes' or 'skip the ques- 3 tion'." 4 2. The department shall not maintain records of any person who checks 5 "skip this question". Except where the application is made in person or 6 electronically, failure to check a box shall not impair the validity of 7 an application, and failure to check "yes" or checking "skip this ques- 8 tion" shall not be construed to imply a wish not to donate. In the case 9 of an applicant under sixteen years of age, checking "yes" shall not 10 constitute consent to make an anatomical gift or registration in the 11 donate life registry, except as otherwise provided pursuant to the 12 provisions of paragraph (b) of subdivision one of section forty-three 13 hundred one of the public health law. 14 3. Where an applicant has previously consented to make an anatomical 15 gift or register in the donate life registry, checking "skip the ques- 16 tion" or failing to check a box shall not impair that consent or regis- 17 tration. 18 4. The commissioner, in collaboration with the commissioner of health 19 shall develop instructional tools and materials for libraries to assist 20 in the education of organ donation and enrollment in the New York State 21 Donate Life Registry. Materials and instructional tools to advance and 22 promote education awareness on organ donation shall be made available to 23 libraries upon request at no charge. 24 5. The commissioner shall promulgate regulations pursuant to which the 25 department may provide financial assistance to libraries for updating 26 library card applications upon showing that costs associated with updat- 27 ing application forms in compliance with this section would impose a 28 financial hardship. 29 § 6. This act shall take effect immediately, provided that the amend- 30 ments to paragraph (a) of subdivision 5 of section 4310 of the public 31 health law made by section one of this act shall be subject to the expi- 32 ration and reversion of such subdivision pursuant to section 6 of chap- 33 ter 465 of the laws of 2012, as amended, when upon such date the 34 provisions of section two of this act shall take effect.