NY State Senate Bill 2017-S8509

Senate Bill S8509

2017-2018 Legislative Session

Requires election for registration for organ, eye and tissue donations to be included upon certain state forms; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 30, 2018	reported and committed to health
May 09, 2018	referred to civil service and pensions

Votes

- May 30, 2018 - Civil Service And Pensions Committee Vote
  S8509
  
  9
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: May 30, 2018
      
      aye (9)
      
      Addabbo Jr.
      
      Benjamin
      
      Golden
      
      Ortt
      
      Persaud
      
      Phillips
      
      Ritchie
      
      Sanders Jr.
      
      Savino
      
      nay (1)
      
      Lanza
      
      excused (1)
      
      Croci

2017-S8509 (ACTIVE) - Details

See Assembly Version of this Bill:: A10597
Current Committee:: Senate Health
Law Section:: Civil Service Law
Laws Affected:: Add §50-d, Civ Serv L; add §596-a, Lab L; amd §§4310 & 206, rpld §4310 sub 5 ¶¶(b) & (c), Pub Health L; amd §§3006 & 6501, Ed L; amd §651, Tax L; amd §401, V & T L; amd §§464 & 468-a, Judy L; add §91-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A2882
2021-2022: A2159
2023-2024: A3516

2017-S8509 (ACTIVE) - Summary

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.

2017-S8509 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8509

SPONSOR: PERALTA
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires election for registration for organ, eye and tissue donations
to be included on various state forms

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section 50-d to the civil service law which
requires all applications issued under the department of civil service
and municipal commissions to include a space for the applicant to regis-

ter in the "donate life registry."

Section 2 adds a new section 596-a to the labor law which requires all
unemployment insurance claim registration documents to include a space
for the claimant to register in the "donate life registry".

Section 3 amends 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, which allows for the election of registry in the "donate
life registry" through certain state forms.

Section 4 repeals paragraphs (b) and (c) of subdivision 5 of section
4310 of the public health law to add a new paragraph (b) which allows
for registry in the "donate life registry" through the donate life
website and electronic signature authorization.

Section 5 reletters paragraphs (d), (e), and (f) of subdivision 5 of
section 4310 of the public health law to paragraphs (c), (d), and (e).

Section 6 amends subdivision 1 of section 206 of the public health law
to set forth guidelines relating thereto and require the cooperation of
executive departments of state.

Section 7 amends Section 3006 of the Education Law to allow for the
inclusion of space for persons applying for teaching certifications to
register in the "donate life registry."

Section 8 amends Section 6501 of the Education Law to allow applicants
for professional licenses issued by the Department of Education to elect
to register in the "donate life registry."

Section 9 amends Section 651 of the Tax Law to allow for the inclusion
on State tax forms of a checkbox allowing taxpayers to elect to register
in the "donate life registry."

Section 10 amends Section 401 of the Vehicle and Traffic Law to allow
for the inclusion on each application for registration and/or renewal of

a motor vehicle of a checkbox allowing applicants to elect to register
in the "donate life registry."

Section 11 amends Section 464 of the Judiciary Law by allowing for the
inclusion of space on applications for admission to the practice of law
of a checkbox allowing applicants to elect to register in the "donate
life registry."

Section 12 amends Section 468-A of the Judiciary Law by allowing for the
inclusion of a space on biennial attorney registration forms for the
renewing attorney to elect to register in the "donate life registry."

Section 13 adds a new Section 91-A to the Executive Law to include space
on applications for business licenses for applicants to elect to regis-
ter in the "donate life registry," for professions and/or occupations
licensed or registered by the Department of State.

Section 14 sets forth the effective date.

 
JUSTIFICATION:

New York State ranks  3 among states with the highest need for organ,
tissue and eye transplants. At present, nearly 9,500 individuals are in
need of an organ transplant. 1,700 of these individuals have been on a
waiting list for longer than 5 years. Last year more than 400 individ-
uals died because they weren't able to receive a transplant in time.

Under this legislation, more New Yorkers would be presented with the
option of being listed on the Donate Life Registry. While there has been
significant progress in increasing donorship, opt-in elections are
currently limited to (1) driver's license or non-driver ID applications
and renewal forms, (2) voter registration forms, (3) NY State of Health
applications for coverage, (4) enrollment through the Donate Life Regis-
try website and (5) paper enrollment forms submitted to the Donate Life
Registry. This legislation would greatly expand the number of ways New
Yorkers can elect to be organ donors by adding:

*Applications for examinations administered by the New York State
Department of Civil Service and the municipal civil service commissions;

*Application for unemployment insurance benefits as administered by the
New York State Department of Labor;

*Applications for teaching certifications/licenses as issued by the New
York State Department of Education;

*Applications for professional licenses as issued by the New York State
Department of Education;

*New York State income tax forms;

*Applications for the registration and renewal of motor vehicles;

*Applications for admission to the practice of law;

*Biennial registration renewal forms, as filed by attorneys; and


*Applications to conduct a profession or occupation as licensed by the
New York Department of State.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law; provided, however, that effec-
tive immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date are authorized and directed to be made and completed on or before
such effective date.

2017-S8509 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8509
 
                             I N  S E N A T E
 
                                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:
 
   Section 1. The civil service law is amended by adding  a  new  section
 50-d to read as follows:
   §  50-D.  ORGAN, EYE AND TISSUE DONATION. THE CIVIL SERVICE DEPARTMENT
 AND MUNICIPAL COMMISSIONS SHALL PROVIDE  ON  EACH  APPLICATION  PROVIDED
 PURSUANT  TO  SECTION  FIFTY  OF  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:  "WOULD YOU LIKE TO BE ADDED TO  THE  DONATE  LIFE
 REGISTRY?  CHECK  BOX  FOR  'YES'  OR 'SKIP THIS QUESTION'". NEITHER THE
 CIVIL  SERVICE  DEPARTMENT  NOR  MUNICIPAL  COMMISSIONS  SHALL  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.
   § 2. The labor law is amended by adding a new section 596-a to read as
 follows:
   §  596-A.  ORGAN,  EYE  AND  TISSUE  DONATION.  THE COMMISSIONER SHALL
 PROVIDE ON EACH CLAIM FOR BENEFITS MADE PURSUANT TO SECTION FIVE HUNDRED
 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.
                                                            LBD15275-01-8

 S. 8509                             2
 
 "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 'YES' OR 'SKIP THIS QUESTION'". THE COMMISSIONER SHALL NOT MAIN-
 TAIN 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  A  CLAIMANT  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.
   § 3. 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 AN APPLICATION FOR A CIVIL SERVICE  EXAMINATION  PURSUANT
 TO  SECTION  FIFTY OF THE CIVIL SERVICE LAW, (VIII) INDICATION MADE ON A
 CLAIM FOR UNEMPLOYMENT BENEFITS MADE PURSUANT TO  SECTION  FIVE  HUNDRED
 NINETY-SIX  OF THE LABOR LAW, (IX) INDICATION MADE ON AN APPLICATION FOR
 A CERTIFICATE,  LICENSE  OR  REGISTRATION  ISSUED  PURSUANT  TO  ARTICLE
 SIXTY-ONE OF THE EDUCATION LAW, (X) INDICATION MADE ON AN APPLICATION TO
 PRACTICE A PROFESSION PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW, (XI)
 INDICATION  MADE  ON A PERSONAL INCOME TAX RETURN, (XII) INDICATION MADE
 ON AN APPLICATION FOR REGISTRATION OR RENEWAL THEREOF OF A  MOTOR  VEHI-
 CLE,  (XIII) INDICATION MADE ON AN APPLICATION FOR ADMISSION TO PRACTICE
 OR ON A BIENNIAL REGISTRATION FORM  PURSUANT  TO  SECTION  FOUR  HUNDRED
 SIXTY-FOUR  OR  FOUR  HUNDRED  SIXTY-EIGHT-A OF THE JUDICIARY LAW, (XIV)
 INDICATION MADE ON AN APPLICATION TO CONDUCT A PROFESSION OR  OCCUPATION
 WHICH  IS  LICENSED  OR  REGISTERED  BY THE DEPARTMENT OF STATE, OR (XV)
 through any other method identified by the commissioner.  The department
 shall establish a means by which to register the consent given by  indi-
 viduals  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), (VIII), (IX), (X), (XI), (XII), (XIII), (XIV) AND  (XV)  of  this
 paragraph.
   §  4.  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-

 S. 8509                             3
 
 TRONIC NOTICE OF THE REGISTRATION TO THE  INDIVIDUAL  ENROLLING  IN  THE
 DONATE LIFE REGISTRY.
   §  5.  Paragraphs (d), (e) and (f) of subdivision 5 of section 4310 of
 the public health law are relettered paragraphs (c), (d) and (e).
   § 6. Subdivision 1 of section 206 of the public health law is  amended
 by  adding eight new paragraphs (w), (x), (y), (z), (aa), (bb), (cc) and
 (dd) to read as follows:
   (W) REQUIRE, IN CONSULTATION AND COOPERATION WITH  THE  CIVIL  SERVICE
 DEPARTMENT AND MUNICIPAL COMMISSIONS, THAT EVERY INDIVIDUAL APPLYING FOR
 A CIVIL SERVICE EXAMINATION 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 QUES-
 TION'". NEITHER THE CIVIL SERVICE DEPARTMENT NOR  MUNICIPAL  COMMISSIONS
 SHALL  MAINTAIN  RECORDS  OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION".
 EXCEPT WHERE THE APPLICATION IS MADE IN PERSON OR ELECTRONICALLY,  FAIL-
 URE  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.
   (X)  REQUIRE, IN CONSULTATION AND COOPERATION WITH THE COMMISSIONER OF
 THE DEPARTMENT OF LABOR, THAT EVERY INDIVIDUAL FILING A CLAIM FOR  UNEM-
 PLOYMENT  BENEFITS 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 STAT-
 ED  IN CLEAR CONSPICUOUS TYPE: "WOULD YOU LIKE TO BE ADDED TO THE DONATE
 LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'". THE COMMIS-
 SIONER SHALL NOT MAINTAIN RECORDS OF ANY PERSON WHO  CHECKS  "SKIP  THIS
 QUESTION".  EXCEPT  WHERE  THE  CLAIM  FOR BENEFITS 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  A  CLAIMANT  UNDER  SIXTEEN  YEARS  OF AGE, CHECKING "YES" SHALL NOT
 CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT  OR  REGISTRATION  IN  THE
 DONATE  LIFE REGISTRY. WHERE A CLAIMANT 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.
   (Y) REQUIRE, IN CONSULTATION AND COOPERATION WITH THE COMMISSIONER  OF
 EDUCATION,  THAT EVERY INDIVIDUAL APPLYING FOR A CERTIFICATE, LICENSE OR
 REGISTRATION ISSUED PURSUANT TO ARTICLE SIXTY-ONE 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  REGIS-
 TRY?    CHECK  BOX  FOR 'YES' OR 'SKIP THIS QUESTION'". THE COMMISSIONER
 SHALL NOT MAINTAIN RECORDS OF ANY PERSON WHO  CHECKS  "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,
 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

 S. 8509                             4
 
 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.
   (Z)  REQUIRE, IN CONSULTATION AND COOPERATION WITH THE COMMISSIONER OF
 EDUCATION, THAT EVERY  INDIVIDUAL  APPLYING  TO  PRACTICE  A  PROFESSION
 PURSUANT  TO TITLE EIGHT 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 CHAP-
 TER 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.
   (AA) REQUIRE, IN CONSULTATION AND COOPERATION WITH THE  DEPARTMENT  OF
 TAXATION AND FINANCE, THAT EVERY INDIVIDUAL FILING A PERSONAL INCOME TAX
 RETURN  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  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,
 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.
   (BB) REQUIRE, IN CONSULTATION AND COOPERATION WITH THE COMMISSIONER OF
 MOTOR VEHICLES, THAT EVERY INDIVIDUAL APPLYING  FOR  A  REGISTRATION  OR
 RENEWAL THEREOF OF A MOTOR VEHICLE BE PROVIDED SPACE SO THAT SUCH APPLI-
 CANT  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,

 S. 8509                             5
 
 CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR
 THAT CONSENT OR REGISTRATION.
   (CC)  REQUIRE, IN CONSULTATION AND COOPERATION WITH THE STATE BOARD OF
 LAW EXAMINERS, THAT EVERY INDIVIDUAL APPLYING FOR ADMISSION TO  PRACTICE
 OR  ON  A  BIENNIAL  REGISTRATION  FORM PURSUANT TO SECTION FOUR HUNDRED
 SIXTY-FOUR OR FOUR  HUNDRED  SIXTY-EIGHT-A  OF  THE  JUDICIARY  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 CONSPICU-
 OUS TYPE: "WOULD YOU LIKE TO BE ADDED TO THE DONATE LIFE REGISTRY? CHECK
 BOX FOR 'YES' OR 'SKIP THIS QUESTION'". THE COMMISSIONER SHALL NOT MAIN-
 TAIN 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 REGIS-
 TERED IN THE DONATE LIFE REGISTRY,  CHECKING  "SKIP  THIS  QUESTION"  OR
 FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION.
   (DD)  REQUIRE,  IN  CONSULTATION AND COOPERATION WITH THE SECRETARY OF
 STATE, THAT EVERY INDIVIDUAL APPLYING TO CONDUCT A PROFESSION OR OCCUPA-
 TION WHICH IS LICENSED OR REGISTERED  BY  THE  DEPARTMENT  OF  STATE  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 CONSPICU-
 OUS TYPE: "WOULD YOU LIKE TO BE ADDED TO THE DONATE LIFE REGISTRY? CHECK
 BOX FOR 'YES' OR 'SKIP THIS QUESTION'". THE COMMISSIONER SHALL NOT MAIN-
 TAIN 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 REGIS-
 TERED IN THE DONATE LIFE REGISTRY,  CHECKING  "SKIP  THIS  QUESTION"  OR
 FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION.
   §  7.  Section  3006  of  the education law is amended by adding a new
 subdivision 4 to read as follows:
   4. ORGAN, EYE AND TISSUE DONATION.  THE COMMISSIONER SHALL PROVIDE  ON
 EACH  APPLICATION  FOR  A  CERTIFICATE,  LICENSE  OR REGISTRATION ISSUED
 PURSUANT TO THIS ARTICLE, AND EACH RENEWAL THEREOF, SPACE FOR THE APPLI-
 CANT 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 'YES' OR 'SKIP  THIS  QUESTION'".  THE  REGENTS
 SHALL  NOT  MAINTAIN  RECORDS  OF ANY PERSON WHO CHECKS "SKIP THIS QUES-
 TION". 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

 S. 8509                             6
 
 ANATOMICAL GIFT OR REGISTERED IN THE "DONATE LIFE REGISTRY", FAILING  TO
 CHECK A BOX SHALL NOT IMPAIR SUCH CONSENT OR REGISTRATION.
   §  8.  Section  6501  of  the education law is amended by adding a new
 subdivision 3 to read as follows:
   3. THE REGENTS SHALL  PROVIDE,  ON  EACH  APPLICATION  TO  PRACTICE  A
 PROFESSION  PURSUANT TO THIS TITLE AND EACH APPLICATION FOR RENEWAL OF A
 LICENSE, REGISTRATION OR CERTIFICATION TO PRACTICE  SUCH  A  PROFESSION,
 SPACE  FOR  THE  APPLICANT  TO REGISTER IN THE "DONATE LIFE REGISTRY" OF
 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 '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.
   § 9. Section 651 of the tax law is amended by adding a new  subsection
 (a-1) to read as follows:
   (A-1)  ORGAN, EYE AND TISSUE DONATION.  THE COMMISSIONER SHALL PROVIDE
 ON EACH RETURN SPACE FOR THE TAXPAYER OR TAXPAYERS 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 'YES' OR 'SKIP THIS QUESTION'". THE COMMISSIONER 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 A
 TAXPAYER HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT  OR  REGIS-
 TERED  IN  THE  "DONATE LIFE REGISTRY", FAILING TO CHECK A BOX SHALL NOT
 IMPAIR SUCH CONSENT OR REGISTRATION.
   § 10. Paragraph b of subdivision 1 of section 401 of the  vehicle  and
 traffic  law  is  amended  by  adding a new closing paragraph to read as
 follows:
   THE COMMISSIONER SHALL PROVIDE ON EACH  APPLICATION  FOR  REGISTRATION
 AND RENEWAL THEREOF SPACE FOR THE MOTOR VEHICLE OWNER 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 'YES' OR 'SKIP THIS QUESTION'". THE COMMISSIONER 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 A
 MOTOR VEHICLE OWNER 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.

 S. 8509                             7
 
   § 11. Section 464 of the judiciary law is  amended  by  adding  a  new
 closing paragraph to read as follows:
   THE  CHIEF  ADMINISTRATOR OF THE COURTS SHALL PROVIDE ON EACH APPLICA-
 TION FOR ADMISSION TO PRACTICE, SPACE FOR THE APPLICANT TO  REGISTER  IN
 THE  "DONATE  LIFE  REGISTRY" FOR ORGAN, EYE AND TISSUE DONATIONS ESTAB-
 LISHED PURSUANT TO SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC  HEALTH
 LAW  WITH THE FOLLOWING STATED ON THE APPLICATION IN CLEAR AND CONSPICU-
 OUS TYPE: "WOULD YOU LIKE TO BE ADDED TO THE DONATE LIFE REGISTRY? CHECK
 BOX FOR 'YES' OR 'SKIP THIS QUESTION'". THE CHIEF ADMINISTRATOR  OF  THE
 COURTS  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  CONSTI-
 TUTE  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.
   §  12.  Section  468-a of the judiciary law is amended by adding a new
 subdivision 4-a to read as follows:
   4-A. THE CHIEF ADMINISTRATOR SHALL PROVIDE ON EACH BIENNIAL  REGISTRA-
 TION  FORM SPACE FOR THE ATTORNEY TO REGISTER IN THE "DONATE LIFE REGIS-
 TRY" 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 'YES' OR 'SKIP
 THIS QUESTION'". THE CHIEF ADMINISTRATOR 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
 ATTORNEY  HAS  PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS-
 TERED IN THE "DONATE LIFE REGISTRY", FAILING TO CHECK A  BOX  SHALL  NOT
 IMPAIR SUCH CONSENT OR REGISTRATION.
   §  13.  The  executive  law is amended by adding a new section 91-a to
 read as follows:
   § 91-A. ORGAN, EYE AND TISSUE DONATION.  THE SECRETARY  SHALL  PROVIDE
 ON  EACH  APPLICATION  TO  CONDUCT  A  PROFESSION OR OCCUPATION WHICH IS
 LICENSED OR REGISTERED BY THE  DEPARTMENT,  AND  EACH  RENEWAL  THEREOF,
 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 'YES' OR 'SKIP THIS
 QUESTION'".  THE SECRETARY 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.
   § 14. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become  a  law;  provided,  however,

 S. 8509                             8
 
 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 are authorized and directed to be made and  completed  on
 or before such effective date.

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