NY State Senate Bill 2019-S6069

Senate Bill S6069

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Health Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
May 16, 2019	referred to health

co-Sponsors

2019-S6069 (ACTIVE) - Details

See Assembly Version of this Bill:: A971
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§4310 & 206, rpld §4310 sub 5 ¶¶ (b) & (c), Pub Health L; amd §§3006 & 6501, Ed L; amd §651, Tax L; amd §401, V & T L; amd §§464 & 468-a, Judy L; add §91-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6022, A9101
2017-2018: S474, A2526
2021-2022: S3047
2023-2024: S5469

2019-S6069 (ACTIVE) - Summary

Requires that space be provided on applications for the practice of a profession or occupation, state income tax returns, and applications to register a motor vehicle, for the applicant to register in the "donate life registry" for organ, eye and tissue donation established pursuant to section 4310 of the public health law.

2019-S6069 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6069

SPONSOR: RIVERA
 
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 applica-
tions 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 regis-
ter 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 opportu-
nities 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 identifica-
tion applications at the Department of Motor Vehicles, voter registra-
tion 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 filedò 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-C Passed Senate in 2017

 
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.

2019-S6069 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6069
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01400-01-9

 S. 6069                             2
 
 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
 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,

 S. 6069                             3
 
 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-
 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

 S. 6069                             4
 
 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
 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

 S. 6069                             5
 
 "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
 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.

 S. 6069                             6
 
   §  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 S6069

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Sponsored By

Gustavo Rivera