S T A T E O F N E W Y O R K
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5283--C
Cal. No. 689
2017-2018 Regular Sessions
I N S E N A T E
March 20, 2017
___________
Introduced by Sens. JACOBS, AVELLA, BOYLE, BRESLIN, CROCI, DeFRANCISCO,
FLANAGAN, GALLIVAN, GOLDEN, HELMING, HOYLMAN, KENNEDY, LATIMER,
RANZENHOFER, SAVINO, SERRANO, STAVISKY -- read twice and ordered
printed, and when printed to be committed to the Committee on Educa-
tion -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- committee discharged and said bill committed to the
Committee on Rules -- ordered to a third reading, passed by Senate and
delivered to the Assembly, recalled, vote reconsidered, restored to
third reading, amended and ordered reprinted, retaining its place in
the order of third reading
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10656-09-7
S. 5283--C 2
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-
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.
S. 5283--C 3
§ 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-
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:
S. 5283--C 4
"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.
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.
