S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8116
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:

   Section  1. Subdivision 2, paragraph (a) of subdivision 5 and subdivi-
 sion 9 of section 4310 of  the  public  health  law,  subdivision  2  as
 amended and subdivision 9 as added by section 27 of part A of chapter 60
 of  the  laws  of  2014 and paragraph (a) of subdivision 5 as separately
 amended by chapters 40 and 248 of the laws of 2016, are amended to  read
 as follows:
   2. The commissioner may enter into a multi-year contract for the oper-
 ation  and  promotion  of the donate life registry subject to such terms
 and conditions as may be contained within such contract with a  not-for-
 profit  organization  that  has  experience  working with organ, eye and
 tissue procurement organizations, has expertise in conducting organ, eye
 and tissue donor promotional  campaigns,  and  is  affiliated  with  the
 organ,  eye  and  tissue  donation  community  throughout the state. The
 contractor may subcontract as needed for the  effective  performance  of
 the contract. All such subcontractors and the terms of such subcontracts
 shall  be  subject to approval by the commissioner. Any applicable state
 agency, including, but not limited to, the department, the department of
 motor vehicles, THE STATE UNIVERSITY OF NEW YORK, AND THE CITY UNIVERSI-
 TY OF NEW YORK BOARDS OF TRUSTEES,  and  the  board  of  elections,  AND
 LIBRARIES WITHIN THE STATE, shall cooperate in the collection and trans-
 fer of registrant data to the donate life registry.
   (a)  Such  organ,  eye  and  tissue registration of consent to make an
 anatomical gift can be made through: (i) indication made on the applica-
 tion or renewal form of a driver's license, (ii) indication  made  on  a
 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.
              

                                                            LBD10656-10-7

 A. 8116                             2
 
 cation made on a voter registration form pursuant to subdivision five of
 section 5-210 of the election law, (iv) indication made on the  applica-
 tion  for  health care coverage offered through the state health benefit
 exchange,  (v) enrollment through the donate life registry website, (vi)
 paper enrollment submitted to the donate life registry, [or] (vii) INDI-
 CATION MADE ON THE COMMON APPLICATION USED FOR ADMITTANCE  TO  ATTEND  A
 CITY  OR  STATE  UNIVERSITY  OF NEW YORK COLLEGE PURSUANT TO SUBDIVISION
 TWENTY OF SECTION THREE HUNDRED  FIFTY-FIVE  OR  SUBDIVISION  TWENTY  OF
 SECTION  SIXTY-TWO  HUNDRED  SIX OF THE EDUCATION LAW; (VIII) INDICATION
 MADE ON THE APPLICATION FOR A  LIBRARY  CARD  PURSUANT  TO  SECTION  TWO
 HUNDRED  SIXTY-TWO-A  OF  THE  EDUCATION  LAW, OR (IX) through any other
 method identified by the commissioner.  The department shall establish a
 means by which to register the consent  given  by  individuals  who  are
 sixteen or seventeen years of age in the donate life registry, and shall
 make  registration  available by any of the methods provided in subpara-
 graphs (i), (ii), (iii), (iv), (v) [and], (vi), (VII) AND (VIII) of this
 paragraph.
   9. An interagency  work  group,  composed  of  the  commissioner,  the
 commissioner  of  the department of motor vehicles, a chair of the board
 of elections, A TRUSTEE OF THE STATE UNIVERSITY OF NEW YORK, A REPRESEN-
 TATIVE OF LIBRARIES IN THE STATE OF NEW YORK, or  their  designees,  and
 such  other  individuals as may be designated by the commissioner, shall
 be established to meet with the contractor annually  and  as  needed  to
 review the status of the donate life registry, to examine the steps that
 might  be taken by state agencies to enhance its performance and to make
 recommendations to the contractor.
   § 2. Paragraph (a) of subdivision 5 of  section  4310  of  the  public
 health law, as amended by section 27 of part A of chapter 60 of the laws
 of 2014, is amended to read as follows:
   (a)  Such  organ,  eye  and  tissue registration of consent to make an
 anatomical gift can be made through: (i) indication made on the applica-
 tion or renewal form of a driver's license, (ii) indication  made  on  a
 non-driver  identification card application or renewal form, (iii) indi-
 cation made on a voter registration form pursuant to subdivision five of
 section 5-210 of the election law, (iv) INDICATION MADE ON THE  APPLICA-
 TION  FOR  HEALTH CARE COVERAGE OFFERED THROUGH THE STATE HEALTH BENEFIT
 EXCHANGE, (V) enrollment through the donate life registry website, [(v)]
 (VI) paper enrollment submitted to the donate life registry,  [or  (vi)]
 (VII)  INDICATION  MADE ON THE COMMON APPLICATION USED FOR ADMITTANCE TO
 ATTEND A CITY OR STATE UNIVERSITY OF NEW YORK COLLEGE PURSUANT TO SUBDI-
 VISION TWENTY OF SECTION THREE HUNDRED FIFTY-FIVE OR SUBDIVISION  TWENTY
 OF SECTION SIXTY-TWO HUNDRED SIX OF THE EDUCATION LAW, (VIII) INDICATION
 MADE  ON  THE  APPLICATION  FOR  A  LIBRARY CARD PURSUANT TO SECTION TWO
 HUNDRED SIXTY-TWO-A OF THE EDUCATION LAW,  OR  (IX)  through  any  other
 method identified by the commissioner.
   §  3.  Section  355  of  the  education law is amended by adding a new
 subdivision 20 to read as follows:
   20. A. THE STATE UNIVERSITY BOARD OF TRUSTEES SHALL  ENSURE  THAT  THE
 COMMON  APPLICATION  USED FOR ADMITTANCE TO ATTEND A STATE UNIVERSITY OF
 NEW YORK COLLEGE INCLUDES THE QUESTION, "WOULD YOU LIKE TO BE  ADDED  TO
 THE  DONATE  LIFE  REGISTRY?"  OR  "SKIP  THE  QUESTION",  WHICH MUST BE
 ANSWERED IN ORDER TO SUBMIT SUCH APPLICATION.
   B. THE TRUSTEES SHALL NOT MAINTAIN RECORDS OF ANY  PERSON  WHO  CHECKS
 "SKIP  THIS QUESTION". EXCEPT WHERE THE APPLICATION IS MADE IN PERSON OR
 ELECTRONICALLY, FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE VALIDITY  OF
 AN  APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "SKIP THIS QUES-

 A. 8116                             3
 
 TION" SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN THE  CASE
 OF  AN  APPLICANT  UNDER EIGHTEEN YEARS OF AGE, CHECKING "YES" SHALL NOT
 CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT  OR  REGISTRATION  IN  THE
 DONATE  LIFE  REGISTRY,  EXCEPT  AS  OTHERWISE  PROVIDED PURSUANT TO THE
 PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION ONE  OF  SECTION  FORTY-THREE
 HUNDRED ONE OF THE PUBLIC HEALTH LAW.
   C.  WHERE  AN APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL
 GIFT OR REGISTER IN THE DONATE LIFE REGISTRY, CHECKING "SKIP THIS  QUES-
 TION"  OR FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGIS-
 TRATION.
   § 4. Section 6206 of the education law is  amended  by  adding  a  new
 subdivision 20 to read as follows:
   20.  A.  THE  CITY  UNIVERSITY BOARD OF TRUSTEES SHALL ENSURE THAT THE
 COMMON APPLICATION USED FOR ADMITTANCE TO ATTEND A  CITY  UNIVERSITY  OF
 NEW  YORK  COLLEGE INCLUDES THE QUESTION, "WOULD YOU LIKE TO BE ADDED TO
 THE DONATE LIFE  REGISTRY?"  OR  "SKIP  THE  QUESTION",  WHICH  MUST  BE
 ANSWERED IN ORDER TO SUBMIT SUCH APPLICATION.
   B.  THE  REGENTS  SHALL  NOT MAINTAIN RECORDS OF ANY PERSON WHO CHECKS
 "SKIP THIS QUESTION". EXCEPT WHERE THE APPLICATION IS MADE IN PERSON  OR
 ELECTRONICALLY,  FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE VALIDITY OF
 AN APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "SKIP THIS  QUES-
 TION"  SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN THE CASE
 OF AN APPLICANT UNDER EIGHTEEN YEARS OF AGE, CHECKING  "YES"  SHALL  NOT
 CONSTITUTE  CONSENT  TO  MAKE  AN ANATOMICAL GIFT OR REGISTRATION IN THE
 DONATE LIFE REGISTRY, EXCEPT  AS  OTHERWISE  PROVIDED  PURSUANT  TO  THE
 PROVISIONS  OF  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION FORTY-THREE
 HUNDRED ONE OF THE PUBLIC HEALTH LAW.
   C. WHERE AN APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE  AN  ANATOMICAL
 GIFT  OR REGISTER IN THE DONATE LIFE REGISTRY, CHECKING "SKIP THIS QUES-
 TION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR  REGIS-
 TRATION.
   §  5.  The  education  law is amended by adding a new section 262-a to
 read as follows:
   § 262-A. APPLICATION FOR LIBRARY CARD; REGISTRATION IN THE DONATE LIFE
 REGISTRY. 1. WHERE REQUIRED BY LAW FOR APPLICATION  FORMS  DESCRIBED  IN
 SUBPARAGRAPH  (VIII)  OF  PARAGRAPH  (A)  OF SUBDIVISION FIVE OF SECTION
 FORTY-THREE HUNDRED TEN OF THE PUBLIC HEALTH LAW, EVERY  LIBRARY,  OTHER
 THAN A SCHOOL LIBRARY, SHALL ENSURE THAT SPACE IS PROVIDED ON THE APPLI-
 CATION  FOR  A  LIBRARY  CARD  SO  THAT  THE APPLICANT SHALL REGISTER OR
 DECLINE REGISTRATION IN THE DONATE LIFE  REGISTRY  FOR  ORGAN,  EYE  AND
 TISSUE  DONATIONS  UNDER  SECTION  FORTY-THREE HUNDRED TEN OF THE PUBLIC
 HEALTH LAW AND THAT THE FOLLOWING IS STATED ON THE APPLICATION IN  CLEAR
 AND CONSPICUOUS TYPE:
   "YOU  MUST  FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED
 TO THE DONATE LIFE REGISTRY? CHECK BOX FOR  'YES'  OR  'SKIP  THE  QUES-
 TION'."
   2.  THE DEPARTMENT SHALL NOT MAINTAIN RECORDS OF ANY PERSON WHO CHECKS
 "SKIP THIS QUESTION". EXCEPT WHERE THE APPLICATION IS MADE IN PERSON  OR
 ELECTRONICALLY,  FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE VALIDITY OF
 AN APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "SKIP THIS  QUES-
 TION"  SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN THE CASE
 OF AN APPLICANT UNDER SIXTEEN YEARS OF AGE,  CHECKING  "YES"  SHALL  NOT
 CONSTITUTE  CONSENT  TO  MAKE  AN ANATOMICAL GIFT OR REGISTRATION IN THE
 DONATE LIFE REGISTRY, EXCEPT  AS  OTHERWISE  PROVIDED  PURSUANT  TO  THE
 PROVISIONS  OF  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION FORTY-THREE
 HUNDRED ONE OF THE PUBLIC HEALTH LAW.

 A. 8116                             4
 
   3. WHERE AN APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE  AN  ANATOMICAL
 GIFT  OR  REGISTER IN THE DONATE LIFE REGISTRY, CHECKING "SKIP THE QUES-
 TION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR  REGIS-
 TRATION.
   4.  THE COMMISSIONER, IN COLLABORATION WITH THE COMMISSIONER OF HEALTH
 SHALL DEVELOP INSTRUCTIONAL TOOLS AND MATERIALS FOR LIBRARIES TO  ASSIST
 IN  THE EDUCATION OF ORGAN DONATION AND ENROLLMENT IN THE NEW YORK STATE
 DONATE LIFE REGISTRY. MATERIALS AND INSTRUCTIONAL TOOLS TO  ADVANCE  AND
 PROMOTE EDUCATION AWARENESS ON ORGAN DONATION SHALL BE MADE AVAILABLE TO
 LIBRARIES UPON REQUEST AT NO CHARGE.
   5. THE COMMISSIONER SHALL PROMULGATE REGULATIONS PURSUANT TO WHICH THE
 DEPARTMENT  MAY  PROVIDE  FINANCIAL ASSISTANCE TO LIBRARIES FOR UPDATING
 LIBRARY CARD APPLICATIONS UPON SHOWING THAT COSTS ASSOCIATED WITH UPDAT-
 ING APPLICATION FORMS IN COMPLIANCE WITH THIS  SECTION  WOULD  IMPOSE  A
 FINANCIAL HARDSHIP.
   §  6. This act shall take effect immediately, provided that the amend-
 ments to paragraph (a) of subdivision 5 of section 4310  of  the  public
 health law made by section one of this act shall be subject to the expi-
 ration  and reversion of such subdivision pursuant to section 6 of chap-
 ter 465 of the laws of  2012,  as  amended,  when  upon  such  date  the
 provisions of section two of this act shall take effect.