S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5785--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2019
                                ___________
 
 Introduced  by  M.  of A. ORTIZ, ZEBROWSKI, SEAWRIGHT, WALLACE -- Multi-
   Sponsored by -- M. of A. SIMON  --  read  once  and  referred  to  the
   Committee  on  Higher Education -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public health law and the education law, in relation
   to registration in the donate life registry
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2, paragraph (a) of subdivision 5 and subdivi-
 sion 9 of section 4310 of  the  public  health  law,  subdivision  2  as
 amended and subdivision 9 as added by section 27 of part A of chapter 60
 of  the  laws  of  2014 and paragraph (a) of subdivision 5 as separately
 amended by chapters 40 and 248 of the laws of 2016, are amended to  read
 as follows:
   2. The commissioner may enter into a multi-year contract for the oper-
 ation  and  promotion  of the donate life registry subject to such terms
 and conditions as may be contained within such contract with a  not-for-
 profit  organization  that  has  experience  working with organ, eye and
 tissue procurement organizations, has expertise in conducting organ, eye
 and tissue donor promotional  campaigns,  and  is  affiliated  with  the
 organ,  eye  and  tissue  donation  community  throughout the state. The
 contractor may subcontract as needed for the  effective  performance  of
 the contract. All such subcontractors and the terms of such subcontracts
 shall  be  subject to approval by the commissioner. Any applicable state
 agency, including, but not limited to, the department, the department of
 motor vehicles, THE STATE UNIVERSITY OF NEW YORK, AND THE CITY UNIVERSI-
 TY OF NEW YORK BOARDS OF TRUSTEES,  and  the  board  of  elections,  AND
 LIBRARIES WITHIN THE STATE, shall cooperate in the collection and trans-
 fer of registrant data to the donate life registry.
   (a)  Such  organ,  eye  and  tissue registration of consent to make an
 anatomical gift can be made through: (i) indication made on the applica-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05782-05-9

 A. 5785--A                          2
 
 tion or renewal form of a driver's license, (ii) indication  made  on  a
 non-driver  identification card application or renewal form, (iii) indi-
 cation made on a voter registration form pursuant to subdivision five of
 section  5-210 of the election law, (iv) indication made on the applica-
 tion for health care coverage offered through the state  health  benefit
 exchange,  (v) enrollment through the donate life registry website, (vi)
 paper enrollment submitted to the donate life registry, [or] (vii) INDI-
 CATION MADE ON THE COMMON APPLICATION USED FOR ADMITTANCE  TO  ATTEND  A
 CITY  OR  STATE  UNIVERSITY  OF NEW YORK COLLEGE PURSUANT TO SUBDIVISION
 TWENTY OF SECTION THREE HUNDRED  FIFTY-FIVE  OR  SUBDIVISION  TWENTY  OF
 SECTION  SIXTY-TWO  HUNDRED  SIX OF THE EDUCATION LAW; (VIII) INDICATION
 MADE ON THE APPLICATION FOR A  LIBRARY  CARD  PURSUANT  TO  SECTION  TWO
 HUNDRED  SIXTY-TWO-A  OF  THE  EDUCATION  LAW, OR (IX) through any other
 method identified by the commissioner.  The department shall establish a
 means by which to register the consent  given  by  individuals  who  are
 sixteen or seventeen years of age in the donate life registry, and shall
 make  registration  available by any of the methods provided in subpara-
 graphs (i), (ii), (iii), (iv), (v) [and], (vi), (VII) AND (VIII) of this
 paragraph.
   9. An interagency  work  group,  composed  of  the  commissioner,  the
 commissioner  of  the department of motor vehicles, a chair of the board
 of elections, A TRUSTEE OF THE STATE UNIVERSITY OF NEW YORK, A REPRESEN-
 TATIVE OF LIBRARIES IN THE STATE OF NEW YORK, or  their  designees,  and
 such  other  individuals as may be designated by the commissioner, shall
 be established to meet with the contractor annually  and  as  needed  to
 review the status of the donate life registry, to examine the steps that
 might  be taken by state agencies to enhance its performance and to make
 recommendations to the contractor.
   § 2. Section 355 of the education law  is  amended  by  adding  a  new
 subdivision 20 to read as follows:
   20.  A.  THE  STATE UNIVERSITY BOARD OF TRUSTEES SHALL ENSURE THAT THE
 COMMON APPLICATION USED FOR ADMITTANCE TO ATTEND A STATE  UNIVERSITY  OF
 NEW  YORK  COLLEGE INCLUDES THE QUESTION, "WOULD YOU LIKE TO BE ADDED TO
 THE DONATE LIFE  REGISTRY?"  OR  "SKIP  THE  QUESTION",  WHICH  MUST  BE
 ANSWERED IN ORDER TO SUBMIT SUCH APPLICATION.
   B.  THE  TRUSTEES  SHALL NOT MAINTAIN RECORDS OF ANY PERSON WHO CHECKS
 "SKIP THIS QUESTION". EXCEPT WHERE THE APPLICATION IS MADE IN PERSON  OR
 ELECTRONICALLY,  FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE VALIDITY OF
 AN APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "SKIP THIS  QUES-
 TION"  SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN THE CASE
 OF AN APPLICANT UNDER EIGHTEEN YEARS OF AGE, CHECKING  "YES"  SHALL  NOT
 CONSTITUTE  CONSENT  TO  MAKE  AN ANATOMICAL GIFT OR REGISTRATION IN THE
 DONATE LIFE REGISTRY, EXCEPT  AS  OTHERWISE  PROVIDED  PURSUANT  TO  THE
 PROVISIONS  OF  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION FORTY-THREE
 HUNDRED ONE OF THE PUBLIC HEALTH LAW.
   C. WHERE AN APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE  AN  ANATOMICAL
 GIFT  OR REGISTER IN THE DONATE LIFE REGISTRY, CHECKING "SKIP THIS QUES-
 TION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR  REGIS-
 TRATION.
   §  3.  Section  6206  of  the education law is amended by adding a new
 subdivision 20 to read as follows:
   20. A. THE CITY UNIVERSITY BOARD OF TRUSTEES  SHALL  ENSURE  THAT  THE
 COMMON  APPLICATION  USED  FOR ADMITTANCE TO ATTEND A CITY UNIVERSITY OF
 NEW YORK COLLEGE INCLUDES THE QUESTION, "WOULD YOU LIKE TO BE  ADDED  TO
 THE  DONATE  LIFE  REGISTRY?"  OR  "SKIP  THE  QUESTION",  WHICH MUST BE
 ANSWERED IN ORDER TO SUBMIT SUCH APPLICATION.

 A. 5785--A                          3
 
   B. THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES 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  EIGHTEEN
 YEARS  OF  AGE,  CHECKING  "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN
 ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE REGISTRY,  EXCEPT  AS
 OTHERWISE PROVIDED PURSUANT TO THE PROVISIONS OF PARAGRAPH (B) OF SUBDI-
 VISION ONE OF SECTION FORTY-THREE HUNDRED ONE OF THE PUBLIC HEALTH LAW.
   C.  WHERE  AN APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL
 GIFT OR REGISTER IN THE DONATE LIFE REGISTRY, CHECKING "SKIP THIS  QUES-
 TION"  OR FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGIS-
 TRATION.
   § 4. The education law is amended by adding a  new  section  262-a  to
 read as follows:
   § 262-A. APPLICATION FOR LIBRARY CARD; REGISTRATION IN THE DONATE LIFE
 REGISTRY.  1.  WHERE  REQUIRED BY LAW FOR APPLICATION FORMS DESCRIBED IN
 SUBPARAGRAPH (VIII) OF PARAGRAPH (A)  OF  SUBDIVISION  FIVE  OF  SECTION
 FORTY-THREE  HUNDRED  TEN OF THE PUBLIC HEALTH LAW, EVERY LIBRARY, OTHER
 THAN A SCHOOL LIBRARY, SHALL ENSURE THAT SPACE IS PROVIDED ON THE APPLI-
 CATION FOR A LIBRARY CARD  SO  THAT  THE  APPLICANT  SHALL  REGISTER  OR
 DECLINE  REGISTRATION  IN  THE  DONATE  LIFE REGISTRY FOR ORGAN, EYE AND
 TISSUE DONATIONS UNDER SECTION FORTY-THREE HUNDRED  TEN  OF  THE  PUBLIC
 HEALTH  LAW AND THAT THE FOLLOWING IS STATED ON THE APPLICATION IN CLEAR
 AND CONSPICUOUS TYPE:
   "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO  BE  ADDED
 TO  THE  DONATE  LIFE  REGISTRY?  CHECK BOX FOR 'YES' OR 'SKIP THE QUES-
 TION'."
   2. THE DEPARTMENT SHALL NOT MAINTAIN RECORDS OF ANY PERSON WHO  CHECKS
 "SKIP  THIS QUESTION". EXCEPT WHERE THE APPLICATION IS MADE IN PERSON OR
 ELECTRONICALLY, FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE VALIDITY  OF
 AN  APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "SKIP THIS QUES-
 TION" SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN THE  CASE
 OF  AN  APPLICANT  UNDER  SIXTEEN YEARS OF AGE, CHECKING "YES" SHALL NOT
 CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT  OR  REGISTRATION  IN  THE
 DONATE  LIFE  REGISTRY,  EXCEPT  AS  OTHERWISE  PROVIDED PURSUANT TO THE
 PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION ONE  OF  SECTION  FORTY-THREE
 HUNDRED ONE OF THE PUBLIC HEALTH LAW.
   3.  WHERE  AN APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL
 GIFT OR REGISTER IN THE DONATE LIFE REGISTRY, CHECKING "SKIP  THE  QUES-
 TION"  OR FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGIS-
 TRATION.
   4. THE COMMISSIONER, IN COLLABORATION WITH THE COMMISSIONER OF  HEALTH
 SHALL  DEVELOP INSTRUCTIONAL TOOLS AND MATERIALS FOR LIBRARIES TO ASSIST
 IN THE EDUCATION OF ORGAN DONATION AND ENROLLMENT IN THE NEW YORK  STATE
 DONATE  LIFE  REGISTRY. MATERIALS AND INSTRUCTIONAL TOOLS TO ADVANCE AND
 PROMOTE EDUCATION AWARENESS ON ORGAN DONATION SHALL BE MADE AVAILABLE TO
 LIBRARIES UPON REQUEST AT NO CHARGE.
   5. THE COMMISSIONER SHALL PROMULGATE REGULATIONS PURSUANT TO WHICH THE
 DEPARTMENT MAY PROVIDE FINANCIAL ASSISTANCE TO  LIBRARIES  FOR  UPDATING
 LIBRARY CARD APPLICATIONS UPON SHOWING THAT COSTS ASSOCIATED WITH UPDAT-
 ING  APPLICATION  FORMS  IN  COMPLIANCE WITH THIS SECTION WOULD IMPOSE A
 FINANCIAL HARDSHIP.
   § 5. This act shall take effect immediately.