S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8469
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 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 requiring the president of the  New  York  state  higher  education
   services  corporation  to include space for registering in the "donate
   life registry" for organ, eye and tissue donations on applications for
   student aid and loan programs; 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:
 
   Section  1.  Paragraph  (a)  of  subdivision  5 of section 4310 of the
 public health law, as separately amended by chapters 40 and 248  of  the
 laws of 2016, 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,  (vi)
 paper enrollment submitted to the donate life registry, [or] (vii) INDI-
 CATION  MADE  ON  APPLICATION  FOR A STUDENT AID OR LOAN PROGRAM AWARDED
 PURSUANT TO ARTICLE FOURTEEN OF THE EDUCATION LAW, OR (VIII) through any
 other method identified by the commissioner. The department shall estab-
 lish 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
 subparagraphs  (i), (ii), (iii), (iv), (v) [and], (vi), (VII) AND (VIII)
 of this paragraph.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11632-01-7
              

 A. 8469                             2
 
   § 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) enrollment  through  the  donate
 life registry website, (v) paper enrollment submitted to the donate life
 registry,  [or] (vi) INDICATION MADE ON APPLICATION FOR A STUDENT AID OR
 LOAN PROGRAM AWARDED PURSUANT TO ARTICLE FOURTEEN OF THE EDUCATION  LAW,
 OR (VII) through any other method identified by the commissioner.
   §  2-a. Paragraphs (b) and (c) of subdivision 5 of section 4310 of the
 public health law are REPEALED and a new paragraph (b) is added to  read
 as follows:
   (B)  ENROLLMENT  OR  AMENDMENT  OR  REVOCATION THROUGH THE DONATE LIFE
 REGISTRY WEBSITE THROUGH ANY OF THE MEANS LISTED IN THIS SUBDIVISION MAY
 BE SIGNED BY ELECTRONIC SIGNATURE, IN ACCORDANCE WITH THE PROVISIONS  OF
 ARTICLE THREE OF THE STATE TECHNOLOGY LAW, SUPPORTED BY THE USE OF SUIT-
 ABLE  MECHANISMS  INCLUDING  UNIQUE IDENTIFIERS TO PROVIDE CONFIDENCE IN
 THE IDENTITY OF THE  PERSON  PROVIDING  THE  ELECTRONIC  SIGNATURE.  THE
 REGISTRATION  SHALL  TAKE  EFFECT UPON THE PROVISION OF WRITTEN OR ELEC-
 TRONIC NOTICE OF THE REGISTRATION TO THE  INDIVIDUAL  ENROLLING  IN  THE
 DONATE LIFE REGISTRY.
   § 2-b. Paragraphs (d), (e) and (f) of subdivision 5 of section 4310 of
 the public health law are relettered paragraphs (c), (d) and (e).
   §  3. Subdivision 1 of section 206 of the public health law is amended
 by adding a new paragraph (w) to read as follows:
   (W) REQUIRE, IN CONSULTATION AND COOPERATION WITH THE PRESIDENT OF THE
 NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION, THAT  EVERY  INDI-
 VIDUAL  APPLYING  FOR  A STUDENT AID OR LOAN PROGRAM AWARDED PURSUANT TO
 ARTICLE FOURTEEN OF THE EDUCATION LAW, BE PROVIDED SPACE  SO  THAT  SUCH
 APPLICANT  MAY REGISTER IN THE "DONATE LIFE REGISTRY" FOR ORGAN, EYE AND
 TISSUE DONATIONS UNDER SECTION FORTY-THREE HUNDRED TEN OF  THIS  CHAPTER
 WITH  THE FOLLOWING STATED IN CLEAR CONSPICUOUS TYPE: "WOULD YOU LIKE TO
 BE ADDED TO THE DONATE LIFE REGISTRY?  CHECK BOX FOR 'YES' OR 'SKIP THIS
 QUESTION'". THE COMMISSIONER 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 QUESTION" 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. WHERE AN APPLICANT HAS PREVIOUSLY CONSENTED
 TO  MAKE  AN  ANATOMICAL GIFT OR REGISTERED IN THE DONATE LIFE REGISTRY,
 CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR
 THAT CONSENT OR REGISTRATION.
   § 4. Paragraph a of subdivision 4 of section 655 of the education law,
 as amended by chapter 202 of the laws of 1996, is  amended  to  read  as
 follows:
   a.  Application for and the granting and administration of student aid
 and loan programs, the repayment of loans or the guarantee of loans made
 by the corporation; and administrative functions in support of state and
 federal  student aid programs. PROVIDED THAT THE PRESIDENT SHALL PROVIDE
 ON EACH APPLICATION FOR A STUDENT AID OR LOAN PROGRAM  AWARDED  PURSUANT

 A. 8469                             3
 
 TO THIS ARTICLE, SPACE FOR THE APPLICANT TO REGISTER IN THE "DONATE LIFE
 REGISTRY"  FOR  ORGAN,  EYE AND TISSUE DONATIONS ESTABLISHED PURSUANT TO
 SECTION FORTY-THREE HUNDRED TEN  OF  THE  PUBLIC  HEALTH  LAW  WITH  THE
 FOLLOWING  STATED  ON  THE  APPLICATION  IN  CLEAR AND CONSPICUOUS TYPE:
 "WOULD YOU LIKE TO BE ADDED TO THE DONATE LIFE REGISTRY? CHECK  BOX  FOR
 THE  'YES'  OR  'SKIP  THIS  QUESTION'".  THE REGENTS SHALL NOT MAINTAIN
 RECORDS OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". FAILURE TO  CHECK
 "YES" OR CHECKING "SKIP THIS QUESTION" 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. PROVIDED, THAT WHERE
 AN APPLICANT HAS PREVIOUSLY CONSENTED TO  MAKE  AN  ANATOMICAL  GIFT  OR
 REGISTERED  IN  THE "DONATE LIFE REGISTRY", FAILING TO CHECK A BOX SHALL
 NOT IMPAIR SUCH CONSENT OR REGISTRATION.
   § 5. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law, provided that the
 amendments to subdivision 5 of section 4310 of the  public  health  law,
 made  by  section  one  of this act, shall not affect the expiration and
 reversion of such subdivision pursuant to section 6 of  chapter  465  of
 the  laws  of  2012, as amended, when upon such date section two of this
 act shall take effect; provided further, sections  two-a  and  two-b  of
 this  act shall take effect on the same date as the amendments to subdi-
 vision 2 of section 4310 of the public health law, made by  chapter  465
 of  the  laws  of  2012,  as  amended,  expire  and are deemed repealed;
 provided, further, that effective immediately, the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on its effective date authorized and directed to be made and
 completed on or before such effective date.