Bill Text: NY S08509 | 2017-2018 | 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) 2018-05-30 - REPORTED AND COMMITTED TO HEALTH [S08509 Detail]
Download: New_York-2017-S08509-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8509 IN SENATE May 9, 2018 ___________ Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions 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: 22 § 596-a. Organ, eye and tissue donation. The commissioner shall 23 provide on each claim for benefits made pursuant to section five hundred 24 ninety-six of this title space for the claimant to register in the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15275-01-8S. 8509 2 1 "donate life registry" for organ, eye and tissue donations established 2 pursuant to section forty-three hundred ten of the public health law 3 with the following stated on the application in clear and conspicuous 4 type: "Would you like to be added to the Donate Life Registry? Check 5 box for 'yes' or 'skip this question'". The commissioner shall not main- 6 tain records of any person who checks "skip this question". Failure to 7 check "yes" or checking "skip this question" shall not be construed to 8 imply a wish not to donate. In the case of an applicant under sixteen 9 years of age, checking "yes" shall not constitute consent to make an 10 anatomical gift or registration in the donate life registry. Provided, 11 that where a claimant has previously consented to make an anatomical 12 gift or registered in the "donate life registry", failing to check a box 13 shall not impair such consent or registration. 14 § 3. Paragraph (a) of subdivision 5 of section 4310 of the public 15 health law, as separately amended by chapters 40 and 248 of the laws of 16 2016, is amended to read as follows: 17 (a) Such organ, eye and tissue registration of consent to make an 18 anatomical gift can be made through: (i) indication made on the applica- 19 tion or renewal form of a driver's license, (ii) indication made on a 20 non-driver identification card application or renewal form, (iii) indi- 21 cation made on a voter registration form pursuant to subdivision five of 22 section 5-210 of the election law, (iv) indication made on the applica- 23 tion for health care coverage offered through the state health benefit 24 exchange, (v) enrollment through the donate life registry website, (vi) 25 paper enrollment submitted to the donate life registry, [or] (vii) indi- 26 cation made on an application for a civil service examination pursuant 27 to section fifty of the civil service law, (viii) indication made on a 28 claim for unemployment benefits made pursuant to section five hundred 29 ninety-six of the labor law, (ix) indication made on an application for 30 a certificate, license or registration issued pursuant to article 31 sixty-one of the education law, (x) indication made on an application to 32 practice a profession pursuant to title eight of the education law, (xi) 33 indication made on a personal income tax return, (xii) indication made 34 on an application for registration or renewal thereof of a motor vehi- 35 cle, (xiii) indication made on an application for admission to practice 36 or on a biennial registration form pursuant to section four hundred 37 sixty-four or four hundred sixty-eight-a of the judiciary law, (xiv) 38 indication made on an application to conduct a profession or occupation 39 which is licensed or registered by the department of state, or (xv) 40 through any other method identified by the commissioner. The department 41 shall establish a means by which to register the consent given by indi- 42 viduals who are sixteen or seventeen years of age in the donate life 43 registry, and shall make registration available by any of the methods 44 provided in subparagraphs (i), (ii), (iii), (iv), (v) [and], (vi), 45 (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv) and (xv) of this 46 paragraph. 47 § 4. Paragraphs (b) and (c) of subdivision 5 of section 4310 of the 48 public health law are REPEALED and a new paragraph (b) is added to read 49 as follows: 50 (b) Enrollment or amendment or revocation through the donate life 51 registry website through any of the means listed in this subdivision may 52 be signed by electronic signature, in accordance with the provisions of 53 article three of the state technology law, supported by the use of suit- 54 able mechanisms including unique identifiers to provide confidence in 55 the identity of the person providing the electronic signature. The 56 registration shall take effect upon the provision of written or elec-S. 8509 3 1 tronic notice of the registration to the individual enrolling in the 2 donate life registry. 3 § 5. Paragraphs (d), (e) and (f) of subdivision 5 of section 4310 of 4 the public health law are relettered paragraphs (c), (d) and (e). 5 § 6. Subdivision 1 of section 206 of the public health law is amended 6 by adding eight new paragraphs (w), (x), (y), (z), (aa), (bb), (cc) and 7 (dd) to read as follows: 8 (w) require, in consultation and cooperation with the civil service 9 department and municipal commissions, that every individual applying for 10 a civil service examination be provided space so that such applicant may 11 register in the "donate life registry" for organ, eye and tissue 12 donations under section forty-three hundred ten of this chapter with the 13 following stated in clear conspicuous type: "Would you like to be added 14 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 15 tion'". Neither the civil service department nor municipal commissions 16 shall maintain records of any person who checks "skip this question". 17 Except where the application is made in person or electronically, fail- 18 ure to check a box shall not impair the validity of an application, and 19 failure to check "yes" or checking "skip this question" shall not be 20 construed to imply a wish not to donate. In the case of an applicant 21 under sixteen years of age, checking "yes" shall not constitute consent 22 to make an anatomical gift or registration in the donate life registry. 23 Where an applicant has previously consented to make an anatomical gift 24 or registered in the donate life registry, checking "skip this question" 25 or failing to check a box shall not impair that consent or registration. 26 (x) require, in consultation and cooperation with the commissioner of 27 the department of labor, that every individual filing a claim for unem- 28 ployment benefits be provided space so that such applicant may register 29 in the "donate life registry" for organ, eye and tissue donations under 30 section forty-three hundred ten of this chapter with the following stat- 31 ed in clear conspicuous type: "Would you like to be added to the Donate 32 Life Registry? Check box for 'yes' or 'skip this question'". The commis- 33 sioner shall not maintain records of any person who checks "skip this 34 question". Except where the claim for benefits is made in person or 35 electronically, failure to check a box shall not impair the validity of 36 an application, and failure to check "yes" or checking "skip this ques- 37 tion" shall not be construed to imply a wish not to donate. In the case 38 of a claimant under sixteen years of age, checking "yes" shall not 39 constitute consent to make an anatomical gift or registration in the 40 donate life registry. Where a claimant has previously consented to make 41 an anatomical gift or registered in the donate life registry, checking 42 "skip this question" or failing to check a box shall not impair that 43 consent or registration. 44 (y) require, in consultation and cooperation with the commissioner of 45 education, that every individual applying for a certificate, license or 46 registration issued pursuant to article sixty-one of the education law, 47 be provided space so that such applicant may register in the "donate 48 life registry" for organ, eye and tissue donations under section forty- 49 three hundred ten of this chapter with the following stated in clear 50 conspicuous type: "Would you like to be added to the Donate Life Regis- 51 try? Check box for 'yes' or 'skip this question'". The commissioner 52 shall not maintain records of any person who checks "skip this ques- 53 tion". Except where the application is made in person or electronically, 54 failure to check a box shall not impair the validity of an application, 55 and failure to check "yes" or checking "skip this question" shall not be 56 construed to imply a wish not to donate. In the case of an applicantS. 8509 4 1 under sixteen years of age, checking "yes" shall not constitute consent 2 to make an anatomical gift or registration in the donate life registry. 3 Where an applicant has previously consented to make an anatomical gift 4 or registered in the donate life registry, checking "skip this question" 5 or failing to check a box shall not impair that consent or registration. 6 (z) require, in consultation and cooperation with the commissioner of 7 education, that every individual applying to practice a profession 8 pursuant to title eight of the education law, be provided space so that 9 such applicant may register in the "donate life registry" for organ, eye 10 and tissue donations under section forty-three hundred ten of this chap- 11 ter with the following stated in clear conspicuous type: "Would you like 12 to be added to the Donate Life Registry? Check box for 'yes' or 'skip 13 this question'". The commissioner shall not maintain records of any 14 person who checks "skip this question". Except where the application is 15 made in person or electronically, failure to check a box shall not 16 impair the validity of an application, and failure to check "yes" or 17 checking "skip this question" shall not be construed to imply a wish not 18 to donate. In the case of an applicant under sixteen years of age, 19 checking "yes" shall not constitute consent to make an anatomical gift 20 or registration in the donate life registry. Where an applicant has 21 previously consented to make an anatomical gift or registered in the 22 donate life registry, checking "skip this question" or failing to check 23 a box shall not impair that consent or registration. 24 (aa) require, in consultation and cooperation with the department of 25 taxation and finance, that every individual filing a personal income tax 26 return be provided space so that such applicant may register in the 27 "donate life registry" for organ, eye and tissue donations under section 28 forty-three hundred ten of this chapter with the following stated in 29 clear conspicuous type: "Would you like to be added to the Donate Life 30 Registry? Check box for 'yes' or 'skip this question'". The commissioner 31 shall not maintain records of any person who checks "skip this ques- 32 tion". Except where the application is made in person or electronically, 33 failure to check a box shall not impair the validity of an application, 34 and failure to check "yes" or checking "skip this question" shall not be 35 construed to imply a wish not to donate. In the case of an applicant 36 under sixteen years of age, checking "yes" shall not constitute consent 37 to make an anatomical gift or registration in the donate life registry. 38 Where an applicant has previously consented to make an anatomical gift 39 or registered in the donate life registry, checking "skip this question" 40 or failing to check a box shall not impair that consent or registration. 41 (bb) require, in consultation and cooperation with the commissioner of 42 motor vehicles, that every individual applying for a registration or 43 renewal thereof of a motor vehicle be provided space so that such appli- 44 cant may register in the "donate life registry" for organ, eye and 45 tissue donations under section forty-three hundred ten of this chapter 46 with the following stated in clear conspicuous type: "Would you like to 47 be added to the Donate Life Registry? Check box for 'yes' or 'skip this 48 question'". The commissioner shall not maintain records of any person 49 who checks "skip this question". Except where the application is made in 50 person or electronically, failure to check a box shall not impair the 51 validity of an application, and failure to check "yes" or checking "skip 52 this question" shall not be construed to imply a wish not to donate. In 53 the case of an applicant under sixteen years of age, checking "yes" 54 shall not constitute consent to make an anatomical gift or registration 55 in the donate life registry. Where an applicant has previously consented 56 to make an anatomical gift or registered in the donate life registry,S. 8509 5 1 checking "skip this question" or failing to check a box shall not impair 2 that consent or registration. 3 (cc) require, in consultation and cooperation with the state board of 4 law examiners, that every individual applying for admission to practice 5 or on a biennial registration form pursuant to section four hundred 6 sixty-four or four hundred sixty-eight-a of the judiciary law, be 7 provided space so that such applicant may register in the "donate life 8 registry" for organ, eye and tissue donations under section forty-three 9 hundred ten of this chapter with the following stated in clear 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 commissioner shall not main- 12 tain records of any person who checks "skip this question". Except where 13 the application is made in person or electronically, failure to check a 14 box shall not impair the validity of an application, and failure to 15 check "yes" or checking "skip this question" shall not be construed to 16 imply a wish not to donate. In the case of an applicant under sixteen 17 years of age, checking "yes" shall not constitute consent to make an 18 anatomical gift or registration in the donate life registry. Where an 19 applicant has previously consented to make an anatomical gift or regis- 20 tered in the donate life registry, checking "skip this question" or 21 failing to check a box shall not impair that consent or registration. 22 (dd) require, in consultation and cooperation with the secretary of 23 state, that every individual applying to conduct a profession or occupa- 24 tion which is licensed or registered by the department of state be 25 provided space so that such applicant may register in the "donate life 26 registry" for organ, eye and tissue donations under section forty-three 27 hundred ten of this chapter with the following stated in clear conspicu- 28 ous type: "Would you like to be added to the Donate Life Registry? Check 29 box for 'yes' or 'skip this question'". The commissioner shall not main- 30 tain records of any person who checks "skip this question". Except where 31 the application is made in person or electronically, failure to check a 32 box shall not impair the validity of an application, and failure to 33 check "yes" or checking "skip this question" shall not be construed to 34 imply a wish not to donate. In the case of an applicant under sixteen 35 years of age, checking "yes" shall not constitute consent to make an 36 anatomical gift or registration in the donate life registry. Where an 37 applicant has previously consented to make an anatomical gift or regis- 38 tered in the donate life registry, checking "skip this question" or 39 failing to check a box shall not impair that consent or registration. 40 § 7. Section 3006 of the education law is amended by adding a new 41 subdivision 4 to read as follows: 42 4. Organ, eye and tissue donation. The commissioner shall provide on 43 each application for a certificate, license or registration issued 44 pursuant to this article, and each renewal thereof, space for the appli- 45 cant to register in the "donate life registry" for organ, eye and tissue 46 donations established pursuant to section forty-three hundred ten of the 47 public health law with the following stated on the application in clear 48 and conspicuous type: "Would you like to be added to the Donate Life 49 Registry? Check box for 'yes' or 'skip this question'". The regents 50 shall not maintain records of any person who checks "skip this ques- 51 tion". Failure to check "yes" or checking "skip this question" shall not 52 be construed to imply a wish not to donate. In the case of an applicant 53 under sixteen years of age, checking "yes" shall not constitute consent 54 to make an anatomical gift or registration in the donate life registry. 55 Provided, that where an applicant has previously consented to make anS. 8509 6 1 anatomical gift or registered in the "donate life registry", failing to 2 check a box shall not impair such consent or registration. 3 § 8. Section 6501 of the education law is amended by adding a new 4 subdivision 3 to read as follows: 5 3. The regents shall provide, on each application to practice a 6 profession pursuant to this title and each application for renewal of a 7 license, registration or certification to practice such a profession, 8 space for the applicant to register in the "donate life registry" of 9 organ, eye and tissue donations established pursuant to section forty- 10 three hundred ten of the public health law with the following stated on 11 the application in clear and conspicuous type: "Would you like to be 12 added to the Donate Life Registry? Check box for 'yes' or 'skip this 13 question'". The regents shall not maintain records of any person who 14 checks "skip this question". Failure to check "yes" or checking "skip 15 this question" shall not be construed to imply a wish not to donate. In 16 the case of an applicant under sixteen years of age, checking "yes" 17 shall not constitute consent to make an anatomical gift or registration 18 in the donate life registry. Provided, that where an applicant has 19 previously consented to make an anatomical gift or registered in the 20 "donate life registry", failing to check a box shall not impair such 21 consent or registration. 22 § 9. Section 651 of the tax law is amended by adding a new subsection 23 (a-1) to read as follows: 24 (a-1) Organ, eye and tissue donation. The commissioner shall provide 25 on each return space for the taxpayer or taxpayers to register in the 26 "donate life registry" for organ, eye and tissue donations established 27 pursuant to section forty-three hundred ten of the public health law 28 with the following stated on the application in clear and conspicuous 29 type: "Would you like to be added to the Donate Life Registry? Check box 30 for 'yes' or 'skip this question'". The commissioner shall not maintain 31 records of any person who checks "skip this question". Failure to check 32 "yes" or checking "skip this question" shall not be construed to imply a 33 wish not to donate. In the case of an applicant under sixteen years of 34 age, checking "yes" shall not constitute consent to make an anatomical 35 gift or registration in the donate life registry. Provided, that where a 36 taxpayer has previously consented to make an anatomical gift or regis- 37 tered in the "donate life registry", failing to check a box shall not 38 impair such consent or registration. 39 § 10. Paragraph b of subdivision 1 of section 401 of the vehicle and 40 traffic law is amended by adding a new closing paragraph to read as 41 follows: 42 The commissioner shall provide on each application for registration 43 and renewal thereof space for the motor vehicle owner to register in the 44 "donate life registry" for organ, eye and tissue donations established 45 pursuant to section forty-three hundred ten of the public health law 46 with the following stated on the application in clear and conspicuous 47 type: "Would you like to be added to the Donate Life Registry? Check box 48 for 'yes' or 'skip this question'". The commissioner shall not maintain 49 records of any person who checks "skip this question". Failure to check 50 "yes" or checking "skip this question" shall not be construed to imply a 51 wish not to donate. In the case of an applicant under sixteen years of 52 age, checking "yes" shall not constitute consent to make an anatomical 53 gift or registration in the donate life registry. Provided, that where a 54 motor vehicle owner has previously consented to make an anatomical gift 55 or registered in the "donate life registry", failing to check a box 56 shall not impair such consent or registration.S. 8509 7 1 § 11. Section 464 of the judiciary law is amended by adding a new 2 closing paragraph to read as follows: 3 The chief administrator of the courts shall provide on each applica- 4 tion for admission to practice, space for the applicant to register in 5 the "donate life registry" for organ, eye and tissue donations estab- 6 lished pursuant to section forty-three hundred ten of the public health 7 law with the following stated on the application in clear and conspicu- 8 ous type: "Would you like to be added to the Donate Life Registry? Check 9 box for 'yes' or 'skip this question'". The chief administrator of the 10 courts shall not maintain records of any person who checks "skip this 11 question". Failure to check "yes" or checking "skip this question" 12 shall not be construed to imply a wish not to donate. In the case of an 13 applicant under sixteen years of age, checking "yes" shall not consti- 14 tute consent to make an anatomical gift or registration in the donate 15 life registry. Provided, that where an applicant has previously 16 consented to make an anatomical gift or registered in the "donate life 17 registry", failing to check a box shall not impair such consent or 18 registration. 19 § 12. Section 468-a of the judiciary law is amended by adding a new 20 subdivision 4-a to read as follows: 21 4-a. The chief administrator shall provide on each biennial registra- 22 tion form space for the attorney to register in the "donate life regis- 23 try" for organ, eye and tissue donations established pursuant to section 24 forty-three hundred ten of the public health law with the following 25 stated on the application in clear and conspicuous type: "Would you like 26 to be added to the Donate Life Registry? Check box for 'yes' or 'skip 27 this question'". The chief administrator shall not maintain records of 28 any person who checks "skip this question". Failure to check "yes" or 29 checking "skip this question" shall not be construed to imply a wish not 30 to donate. In the case of an applicant under sixteen years of age, 31 checking "yes" shall not constitute consent to make an anatomical gift 32 or registration in the donate life registry. Provided, that where an 33 attorney has previously consented to make an anatomical gift or regis- 34 tered in the "donate life registry", failing to check a box shall not 35 impair such consent or registration. 36 § 13. The executive law is amended by adding a new section 91-a to 37 read as follows: 38 § 91-a. Organ, eye and tissue donation. The secretary shall provide 39 on each application to conduct a profession or occupation which is 40 licensed or registered by the department, and each renewal thereof, 41 space for the applicant to register in the "donate life registry" for 42 organ, eye and tissue donations established pursuant to section forty- 43 three hundred ten of the public health law with the following stated on 44 the application in clear and conspicuous type: "Would you like to be 45 added to the Donate Life Registry? Check box for 'yes' or 'skip this 46 question'". The secretary shall not maintain records of any person who 47 checks "skip this question". Failure to check "yes" or checking "skip 48 this question" shall not be construed to imply a wish not to donate. In 49 the case of an applicant under sixteen years of age, checking "yes" 50 shall not constitute consent to make an anatomical gift or registration 51 in the donate life registry. Provided, that where an applicant has 52 previously consented to make an anatomical gift or registered in the 53 "donate life registry", failing to check a box shall not impair such 54 consent or registration. 55 § 14. This act shall take effect on the first of January next succeed- 56 ing the date on which it shall have become a law; provided, however,S. 8509 8 1 that effective immediately, the addition, amendment and/or repeal of any 2 rule or regulation necessary for the implementation of this act on its 3 effective date are authorized and directed to be made and completed on 4 or before such effective date.
