S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8736
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2017
                                ___________
 
 Introduced  by M. of A. SKOUFIS -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN ACT to amend the public health law and the environmental conservation
   law, in relation to allowing donate life  registration  when  applying
   for or renewing a hunting, fishing or trapping license

   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 THE APPLICATION OR RENEWAL FORM OF A HUNTING, FISHING  OR
 TRAPPING LICENSE ISSUED PURSUANT TO TITLE SEVEN OF ARTICLE ELEVEN OF THE
 ENVIRONMENTAL CONSERVATION LAW, OR (VIII) through any other method iden-
 tified  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  subparagraphs
 (i), (ii), (iii), (iv), (v) [and], (vi) AND (VII) of this paragraph.
   §  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-
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13306-02-7

 A. 8736                             2
 
 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 THE APPLICATION OR RENEWAL FORM
 OF A HUNTING, FISHING OR TRAPPING LICENSE ISSUED PURSUANT TO TITLE SEVEN
 OF ARTICLE ELEVEN  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW,  OR  (VII)
 through any other method identified by the commissioner.
   §  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 COMMISSIONER  OF
 THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  THAT EVERY INDIVIDUAL
 APPLYING FOR OR RENEWING A LICENSE FOR  HUNTING,  FISHING,  OR  TRAPPING
 ISSUED  PURSUANT  TO  TITLE SEVEN OF ARTICLE ELEVEN OF THE ENVIRONMENTAL
 CONSERVATION LAW, BE PROVIDED SPACE SO THAT SUCH APPLICANT MAY  REGISTER
 IN THE DONATE LIFE REGISTRY FOR ORGAN, EYE AND TISSUE DONATIONS PURSUANT
 TO  SECTION  FORTY-THREE  HUNDRED TEN OF THIS CHAPTER WITH THE FOLLOWING
 STATED IN CLEAR 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 THIS QUES-
 TION'."
   EXCEPT WHERE THE APPLICATION IS  MADE  IN  PERSON  OR  ELECTRONICALLY,
 FAILURE  TO  CHECK A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION
 OR RENEWAL, 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  CONSTI-
 TUTE  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 IS REGISTERED IN THE DONATE LIFE REGISTRY, CHECKING
 "SKIP THIS QUESTION" OR FAILING TO CHECK A BOX  SHALL  NOT  IMPAIR  THAT
 CONSENT OR REGISTRATION.
   §  4. Section 11-0713 of the environmental conservation law is amended
 by adding a new subdivision 7 to read as follows:
   7.   THE COMMISSIONER SHALL PROVIDE, ON  EACH  FORM  FOR  PURCHASE  OR
 RENEWAL  OF A LICENSE PURSUANT TO THIS TITLE, 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:
   "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO  BE  ADDED
 TO  THE  DONATE  LIFE  REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES-
 TION'."
   FAILURE TO CHECK A BOX 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 REGIS-
 TRATION IN THE DONATE LIFE REGISTRY. WHERE AN APPLICANT  HAS  PREVIOUSLY
 CONSENTED TO MAKE AN ANATOMICAL GIFT OR IS REGISTERED IN THE DONATE LIFE
 REGISTRY,  CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK A BOX SHALL
 NOT IMPAIR THAT CONSENT OR REGISTRATION.
   § 5. This act shall take effect immediately, provided,  however,  that
 the amendments to subdivision 5 of section 4310 of the public health law
 made  by  section one of this act shall be subject to the expiration and
 reversion of such subdivision pursuant to chapter 465  of  the  laws  of
 2012,  as  amended, when upon such date the provisions of section two of
 this act shall take effect.