NY State Senate Bill 2017-S474B

Senate Bill S474B

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 Higher Education 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 19, 2018	print number 474c
Jan 19, 2018	amend and recommit to higher education
Jan 03, 2018	referred to higher education returned to senate died in assembly
May 02, 2017	referred to health delivered to assembly passed senate ordered to third reading cal.685 reported and committed to rules
Apr 25, 2017	print number 474b
Apr 25, 2017	amend (t) and recommit to higher education
Apr 20, 2017	print number 474a
Apr 20, 2017	amend and recommit to higher education
Jan 04, 2017	referred to higher education

Votes

- May 2, 2017 - Floor Vote
  S474B
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 2, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (2)
      
      Parker
      
      Sanders Jr.
  May 2, 2017 - Rules Committee Vote
  S474B
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 2, 2017
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Lanza
      
      excused (1)
      
      Parker
  May 2, 2017 - Higher Education Committee Vote
  S474B
  
  18
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: May 2, 2017
      
      aye (18)
      
      Alcantara
      
      Bailey
      
      Breslin
      
      Croci
      
      Funke
      
      Gallivan
      
      Helming
      
      Krueger
      
      LaValle
      
      Ortt
      
      Parker
      
      Peralta
      
      Ritchie
      
      Rivera
      
      Robach
      
      Serino
      
      Seward
      
      Stavisky
      
      aye wr (1)
      
      Griffo

Bill Amendments

Original

C (Active)

2017-S474 - Details

See Assembly Version of this Bill:: A2526
Current Committee:: Senate Higher Education
Law Section:: Public Health Law
Laws Affected:: Amd §§4310 & 206, 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:: 2015-2016: S6022, A9101
2019-2020: S6069, A971
2021-2022: S3047
2023-2024: S5469

2017-S474 - Summary

Requires that space be provided on applications for the practice of a profession or occupation, state income tax returns, 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-S474 - Sponsor Memo

                                 BILL NUMBER:  S474

 TITLE OF BILL :  An act to amend 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

 PURPOSE OR GENERAL IDEA OF BILL :

This bill amends the education law, the public health 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.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends Section 355 of the Education Law by adding a new
subdivision that requires all applications for admission to state
operated institutions of higher education (SUNY) and community
colleges to include a space for the applicant to register in the
"donate life registry."

Section 2 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 3 amends Section 6206 of the Education Law to allow for the
inclusion of space on applications for admission to CUNY institutions
where applicants may elect to register in the "donate life registry."

Section 4 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 5 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 6 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 7 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 8 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 9 adds a new Section 91-A to the Executive Law to include
space on applications for business licenses for applicants to elect to
register in the "donate life registry," for professions and/or
occupations licensed or registered by the Department of State.

Section 10 sets for the effective date of this act.

 JUSTIFICATION :

Recent reports indicate that New York ranks last among the fifty
states with regard to the percentage of residents that are registered
as organ donors. More than 10,000 are in need of a life-saving organ
transplant at any given time, which represents the third-highest need
for donors in the United States. Over 1,600 people in New York State
have been on the waiting list for more than five years. In 2013 alone,
nearly 600 New Yorkers died due to a severe shortage of donors.

This legislation takes a common sense approach to increasing
opportunities for New Yorkers to register as organ donors through the
"donate life registry." Where state government forms presenting the
public with the option to register as a donor are currently limited to
identification applications at the Department of Motor Vehicles, voter
registration forms and standalone forms to participate in the
registry, much more can and should be done to encourage registration.

This bill mandates that additional state-issued forms must provide New
Yorkers with the opportunity to register as an organ donor, including
on:

*Applications for admission to SUNY and CUNY academic programs;
*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 :

2015-2016-S6022A

 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
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.

2017-S474 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    474
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend 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
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 355 of the education law is amended by adding a new
 subdivision 2-b to read as follows:
   2-B. THE STATE UNIVERSITY TRUSTEES SHALL REQUIRE THAT APPLICATIONS FOR
 ADMISSION  TO STATE OPERATED INSTITUTIONS AND COMMUNITY COLLEGES INCLUDE
 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.   PROVIDED,  THAT  WHERE  AN
 APPLICANT  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.
   §  2.  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.   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00150-01-7

 S. 474                              2
 
   §  3.  Section  6206  of  the education law is amended by adding a new
 subdivision 7-a to read as follows:
   7-A.  THE  BOARD  OF  TRUSTEES SHALL PROVIDE SPACE ON APPLICATIONS FOR
 ADMISSION TO THE CITY UNIVERSITY, INCLUDING  EVERY  SENIOR  COLLEGE  AND
 COMMUNITY  COLLEGE THEREOF, 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.  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.
   §  4.  Section  6501  of  the education law is amended by adding a new
 subdivision 3 to read as follows:
   3. THE BOARD OF 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.   PROVIDED,  THAT  WHERE  AN
 APPLICANT  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.
   §  5. 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.
 PROVIDED, THAT WHERE A TAXPAYER 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.
   § 6. 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.
 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.
   § 7. Section 464 of the judiciary law is amended by adding a new clos-
 ing 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.  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.
   § 8. 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.  PROVIDED, THAT WHERE
 AN ATTORNEY HAS PREVIOUSLY CONSENTED  TO  MAKE  AN  ANATOMICAL  GIFT  OR

 S. 474                              3
 
 REGISTERED  IN  THE "DONATE LIFE REGISTRY", FAILING TO CHECK A BOX SHALL
 NOT IMPAIR SUCH CONSENT OR REGISTRATION.
   § 9. 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.  PROVIDED, THAT WHERE AN APPLICANT HAS  PREVI-
 OUSLY  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.
   § 10. This act shall take effect on the first of January next succeed-
 ing  the  date  on which it shall have become a law, except that section
 four of this act shall take effect on the same  date  and  in  the  same
 manner as chapter 299 of the laws of 2016 takes effect; provided, howev-
 er, 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.

2017-S474A - Details

See Assembly Version of this Bill:: A2526
Current Committee:: Senate Higher Education
Law Section:: Public Health Law
Laws Affected:: Amd §§4310 & 206, 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:: 2015-2016: S6022, A9101
2019-2020: S6069, A971
2021-2022: S3047
2023-2024: S5469

2017-S474A - Summary

2017-S474A - Sponsor Memo

                                 BILL NUMBER:  S474A

 TITLE OF BILL :  An act to amend 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

 PURPOSE OR GENERAL IDEA OF BILL :

This bill amends the education law, the public health 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.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 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 2 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 3 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 4 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 5 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 6 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 7 adds a new Section 91-A to the Executive Law to include
space on applications for business licenses for applicants to elect to
register in the "donate life registry," for professions and/or
occupations licensed or registered by the Department of State.

Section 8 sets for the effective date of this act.

 JUSTIFICATION :

Recent reports indicate that New York ranks last among the fifty
states with regard to the percentage of residents that are registered
as organ donors. More than 10,000 are in need of a life-saving organ
transplant at any given time, which represents the third-highest need
for donors in the United States. Over 1,600 people in New York State
have been on the waiting list for more than five years. In 2013 alone,
nearly 600 New Yorkers died due to a severe shortage of donors.

This legislation takes a common sense approach to increasing
opportunities for New Yorkers to register as organ donors through the
"donate life registry." Where state government forms presenting the
public with the option to register as a donor are currently limited to
identification applications at the Department of Motor Vehicles, voter
registration forms and standalone forms to participate in the
registry, much more can and should be done to encourage registration.

This bill mandates that additional state-issued forms must provide New
Yorkers with the opportunity to register as an organ donor, including
on:

*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 :

2017-2018-S474

2015-2016-S6022A

 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
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.

2017-S474A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  474--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Higher  Education  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to amend 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
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   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.   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.    Section  6501 of the education law is amended by adding a new
 subdivision 3 to read as follows:
   3. THE BOARD OF 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.   PROVIDED,  THAT  WHERE  AN
 APPLICANT  HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00150-02-7

 S. 474--A                           2
 
 TERED IN THE "DONATE LIFE REGISTRY", FAILING TO CHECK A  BOX  SHALL  NOT
 IMPAIR SUCH CONSENT OR REGISTRATION.
   §  3. 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.
 PROVIDED, THAT WHERE A TAXPAYER 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.
   § 4. 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.
 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.
   § 5. Section 464 of the judiciary law is amended by adding a new clos-
 ing 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.  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.
   § 6. 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.  PROVIDED, THAT WHERE
 AN ATTORNEY 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.
   § 7. 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.  PROVIDED, THAT WHERE AN APPLICANT HAS PREVI-
 OUSLY 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.
   § 8. 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,
 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.

co-Sponsors

2017-S474B - Details

See Assembly Version of this Bill:: A2526
Current Committee:: Senate Higher Education
Law Section:: Public Health Law
Laws Affected:: Amd §§4310 & 206, 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:: 2015-2016: S6022, A9101
2019-2020: S6069, A971
2021-2022: S3047
2023-2024: S5469

2017-S474B - Summary

2017-S474B - Sponsor Memo

                                 BILL NUMBER:  S474B

 TITLE OF BILL :

An act to amend 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 upon certain state forms; repealer

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 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, to allow for registration of organ donors upon certain
state forms.

Section 2 amends paragraph (a) of subdivision 5 of Section 4310 of the
Public Health Law, as separately amended by section 27 of Part A of
Chapter 60 of the laws of 2014, to allow for registration of organ

donors upon certain state forms.

Section 2-a repeals paragraphs (b) and (c) of subdivision 5 of Section
4310 of the Public Health Law and adds a new paragraph regarding the
means through which a person may provide a signature on an enrollment
form.

Section 2-b reletters paragraphs (d),(e), and (f) of subdivision 5 of
section 4310 of the Public Health Law as paragraphs

Section 3 amends subdivision 1 of Section 206 of the Public Health Law
by adding six new paragraphs (w), (x), (y), (z), (aa) and (bb) to
authorize the commissioner of health to coordinate and consult with
the commissioners of pertinent departments to implement the provisions
of this legislation.

Section 4 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 5 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 6 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 7 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 8 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 9 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 10 adds a new Section 91-A to the Executive Law to include
space on applications for business licenses for applicants to elect to
register in the "donate life registry," for professions and/or
occupations licensed or registered by the Department of State.

Section 11 sets for the effective date of this act.

 JUSTIFICATION :

Recent reports indicate that New York ranks last among the fifty
states with regard to the percentage of residents that are registered
as organ donors. More than 10,000 are in need of a life-saving organ
transplant at any given time, which represents the third-highest need
for donors in the United States. Over 1,600 people in New York State
have been on the waiting list for more than five years. In 2013 alone,
nearly 600 New Yorkers died due to a severe shortage of donors.

This legislation takes a common sense approach to increasing
opportunities for New Yorkers to register as organ donors through the
"donate life registry." Where state government forms presenting the
public with the option to register as a donor are currently limited to
identification applications at the Department of Motor Vehicles, voter
registration forms and standalone forms to participate in the
registry, much more can and should be done to encourage registration.
This bill mandates that additional state-issued forms must provide New
Yorkers with the opportunity to register as an organ donor, including
on:

*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 :

2017-2018 - S474, S474A
2015-2016 - S6022A

 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 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 subdivision 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 are authorized and directed to be made
and completed on or before such effective date.

2017-S474B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  474--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Higher  Education  --
   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
 
 AN  ACT  to amend 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. 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 CERTIFICATE,  LICENSE  OR  REGISTRATION
 ISSUED  PURSUANT TO ARTICLE SIXTY-ONE OF THE EDUCATION LAW, (VIII) INDI-
 CATION MADE ON AN APPLICATION TO PRACTICE A PROFESSION PURSUANT TO TITLE
 EIGHT OF THE EDUCATION LAW, (IX) INDICATION MADE ON  A  PERSONAL  INCOME
 TAX  RETURN,  (X)  INDICATION MADE ON AN APPLICATION FOR REGISTRATION OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00150-04-7

 S. 474--B                           2
 
 RENEWAL THEREOF OF A MOTOR VEHICLE, (XI) INDICATION MADE ON AN  APPLICA-
 TION FOR ADMISSION TO PRACTICE OR ON A BIENNIAL REGISTRATION FORM PURSU-
 ANT  TO SECTION FOUR HUNDRED SIXTY-FOUR OR FOUR HUNDRED SIXTY-EIGHT-A OF
 THE  JUDICIARY LAW, (XII) INDICATION MADE ON AN APPLICATION TO CONDUCT A
 PROFESSION OR OCCUPATION WHICH IS LICENSED OR REGISTERED BY THE  DEPART-
 MENT  OF  STATE,  OR  (XIII)  through any other method identified by the
 commissioner.  The department shall establish a means by which to regis-
 ter the consent given by individuals who are sixteen or seventeen  years
 of  age  in the donate life registry, and shall make registration avail-
 able by any of the methods provided in subparagraphs (i),  (ii),  (iii),
 (iv),  (v) [and], (vi), (VII), (VIII), (IX), (X), (XI), (XII) AND (XIII)
 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-
 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 CERTIFICATE,
 LICENSE OR REGISTRATION ISSUED PURSUANT  TO  ARTICLE  SIXTY-ONE  OF  THE
 EDUCATION  LAW,  (VII)  INDICATION  MADE ON AN APPLICATION TO PRACTICE A
 PROFESSION PURSUANT TO TITLE EIGHT OF THE EDUCATION  LAW,  (VIII)  INDI-
 CATION  MADE ON A PERSONAL INCOME TAX RETURN, (IX) INDICATION MADE ON AN
 APPLICATION FOR REGISTRATION OR RENEWAL THEREOF OF A MOTOR VEHICLE,  (X)
 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, (XI) INDICATION MADE
 ON  AN  APPLICATION  TO  CONDUCT  A  PROFESSION  OR  OCCUPATION WHICH IS
 LICENSED OR REGISTERED BY THE DEPARTMENT OF STATE OR (XII)  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 six new paragraphs (w), (x), (y), (z), (aa) and (bb)  to  read
 as follows:
   (W)  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-

 S. 474--B                           3
 
 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
 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
 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.
   (Y) 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.
   (Z) 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

 S. 474--B                           4
 
 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 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.
   (BB)  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.
   §  4.  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

 S. 474--B                           5
 
 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
 ANATOMICAL  GIFT OR REGISTERED IN THE "DONATE LIFE REGISTRY", FAILING TO
 CHECK A BOX SHALL NOT IMPAIR SUCH CONSENT OR REGISTRATION.
   § 5. 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.
   §  6. 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.
   §  7.  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

 S. 474--B                           6
 
 "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.
   § 8. Section 464 of the judiciary law is amended by adding a new clos-
 ing 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.
   §  9.  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.
   §  10.  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"

 S. 474--B                           7
 
 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.
   § 11. 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 are authorized and directed to be made
 and completed on or before such effective date.

co-Sponsors

2017-S474C (ACTIVE) - Details

See Assembly Version of this Bill:: A2526
Current Committee:: Senate Higher Education
Law Section:: Public Health Law
Laws Affected:: Amd §§4310 & 206, 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:: 2015-2016: S6022, A9101
2019-2020: S6069, A971
2021-2022: S3047
2023-2024: S5469

2017-S474C (ACTIVE) - Summary

2017-S474C (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S474C

SPONSOR: PERALTA
 
TITLE OF BILL:

An act to amend 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 upon certain state forms; repealer

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 355 of the Education Law by adding a new subdi-
vision that requires all applications for admission to state operated

institutions of higher education (SUNY) and community colleges to
include a space for the applicant to register in the "donate life regis-
try."

Section 2 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 3 amends Section 6206 of the Education Law to allow for the
inclusion of space on applications for admission to CUNY institutions
where applicants may elect to register in the "donate life registry."

Section 4 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 5 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 6 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 7 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 8 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 9 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 10 sets for the effective date of this act.

 
JUSTIFICATION:

Recent reports indicate that New York ranks last among the fifty states
with regard to the percentage of residents that are registered as organ
donors. More than 10,000 are in need of a life-saving organ transplant
at any given time, which represents the third-highest need for donors in
the United States. Over 1,600 people in New York State have been on the
waiting list for more than five years. In 2013 alone, nearly 600 New
Yorkers died due to a severe shortage of donors.

This legislation takes a common sense approach to increasing opportu-
nities for New Yorkers to register as organ donors through the "Donate
Life Registry." Currently, only New York State Department of Motor Vehi-
cles forms, voter registration forms and standalone "Donate Life Regis-
try" forms give members of the public the option to register as an organ
donor. Much more can and should be done to encourage registration. This
bill mandates that additional state-issued forms must provide New York-
ers with the opportunity to register as an organ donor, including on:

*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:

2017-2018: S474, S474A, S474B (Passed Senate in 2017)
2015-2016:  S6022, S6022A

 
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-S474C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  474--C
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens. PERALTA, AVELLA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Higher  Education
   --  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 commit-
   tee -- recommitted to the Committee on Higher Education in  accordance
   with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend 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.  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 CERTIFICATE, LICENSE OR REGISTRATION
 ISSUED PURSUANT TO ARTICLE SIXTY-ONE OF THE EDUCATION LAW, (VIII)  INDI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00150-08-8

 S. 474--C                           2
 
 CATION MADE ON AN APPLICATION TO PRACTICE A PROFESSION PURSUANT TO TITLE
 EIGHT  OF  THE  EDUCATION LAW, (IX) INDICATION MADE ON A PERSONAL INCOME
 TAX RETURN, (X) INDICATION MADE ON AN APPLICATION  FOR  REGISTRATION  OR
 RENEWAL  THEREOF OF A MOTOR VEHICLE, (XI) INDICATION MADE ON AN APPLICA-
 TION FOR ADMISSION TO PRACTICE OR ON A BIENNIAL REGISTRATION FORM PURSU-
 ANT TO SECTION FOUR HUNDRED SIXTY-FOUR OR FOUR HUNDRED SIXTY-EIGHT-A  OF
 THE  JUDICIARY LAW, (XII) INDICATION MADE ON AN APPLICATION TO CONDUCT A
 PROFESSION OR OCCUPATION WHICH IS LICENSED OR REGISTERED BY THE  DEPART-
 MENT  OF  STATE,  OR  (XIII)  through any other method identified by the
 commissioner.  The department shall establish a means by which to regis-
 ter the consent given by individuals who are sixteen or seventeen  years
 of  age  in the donate life registry, and shall make registration avail-
 able by any of the methods provided in subparagraphs (i),  (ii),  (iii),
 (iv),  (v) [and], (vi), (VII), (VIII), (IX), (X), (XI), (XII) AND (XIII)
 of this paragraph.
   § 2. 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.
   § 3. Paragraphs (d), (e) and (f) of subdivision 5 of section  4310  of
 the public health law are relettered paragraphs (c), (d) and (e).
   §  4. Subdivision 1 of section 206 of the public health law is amended
 by adding six new paragraphs (w), (x), (y), (z), (aa) and (bb)  to  read
 as follows:
   (W)  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
 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
 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

 S. 474--C                           3
 
 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.
   (Y) 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.
   (Z) 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,
 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 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-

 S. 474--C                           4
 
 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.
   (BB)  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.
   §  5.  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
 ANATOMICAL GIFT OR REGISTERED IN THE "DONATE LIFE REGISTRY", FAILING  TO
 CHECK A BOX SHALL NOT IMPAIR SUCH CONSENT OR REGISTRATION.
   §  6.  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

 S. 474--C                           5

 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.
   § 7. 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.
   § 8. 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.
   § 9. Section 464 of the judiciary law is amended by adding a new clos-
 ing 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

 S. 474--C                           6
 
 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.
   §  10.  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.
   §  11.  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.
   § 12. 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,
 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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Senate Bill S474B

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Sponsored By

Jose Peralta

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Bill Amendments

2017-S474 - Details

2017-S474 - Summary

2017-S474 - Sponsor Memo

2017-S474 - Bill Text download pdf

2017-S474A - Details

2017-S474A - Summary

2017-S474A - Sponsor Memo

2017-S474A - Bill Text download pdf

co-Sponsors

Tony Avella

2017-S474B - Details

2017-S474B - Summary

2017-S474B - Sponsor Memo

2017-S474B - Bill Text download pdf

co-Sponsors

Tony Avella

2017-S474C (ACTIVE) - Details

2017-S474C (ACTIVE) - Summary

2017-S474C (ACTIVE) - Sponsor Memo

2017-S474C (ACTIVE) - Bill Text download pdf

Comments