Bill Text: NY S05697 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires certain disclosures by sperm and ovum storage facilities to inform clients relating to the inheritance rights of a posthumously conceived child from the utilization of such sperm or ovum.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-19 - PRINT NUMBER 5697B [S05697 Detail]

Download: New_York-2017-S05697-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5697
                               2017-2018 Regular Sessions
                    IN SENATE
                                     April 26, 2017
                                       ___________
        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
        AN ACT to amend the general  business  law,  in  relation  to  requiring
          certain disclosures by sperm and ovum storage facilities
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  391-u to read as follows:
     3    § 391-u. Disclosure statement by sperm or ovum storage  facility.  (a)
     4  Any  medical facility, or other facility, engaged in the business of the
     5  storage of sperm or  ovum  shall  provide,  prior  to  engaging  in  any
     6  contractual  agreement  with  a  client,  a disclosure statement to such
     7  client which notifies him or her of the provisions of any existing state
     8  or federal laws on the storage of sperm or ovum including  any  statutes
     9  of limitations relating to the inheritance rights of a child posthumous-
    10  ly  conceived  from  the  utilization  of sperm or ovum stored with such
    11  facility.  Such facility shall keep the address and/or email address  of
    12  such  client  for  ten  years  and  shall only use such address or email
    13  address to send notification to such client pursuant to subdivision  (b)
    14  of this section.
    15    (b) In addition to the disclosure provided pursuant to subdivision (a)
    16  of  this section, should any state or federal laws disclosed pursuant to
    17  subdivision (a) of this section  change,  such  facility  shall  send  a
    18  notification  to  the  client  of the change. Such notification shall be
    19  sent through the postal  service  or  through  electronic  mail  to  the
    20  address  or  email  address  given  by the client to such facility. Such
    21  notification shall continue for ten years after the initial execution of
    22  any contract.
    23    (c) Upon the expiration of the ten year notice period provided  pursu-
    24  ant to subdivision (b) of this section, the facility shall send a notice
    25  to  the  client  that  they will no longer be notified of changes to any
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06336-01-7
        S. 5697                             2
     1  updated state or federal laws and that  the  client  should  attempt  to
     2  follow any changes to the laws in the future on his or her own.
     3    § 2. This act shall take effect on the one hundred eightieth day after
     4  it shall have become a law.