STATE OF NEW YORK
________________________________________________________________________
1491--A
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
___________
Introduced by Sens. JACOBS, AKSHAR, ANTONACCI, BOYLE, BRESLIN, CARLUCCI,
FLANAGAN, GALLIVAN, GRIFFO, HELMING, HOYLMAN, LAVALLE, LIU, MARTINEZ,
ORTT, PERSAUD, RANZENHOFER, SAVINO, SERRANO, STAVISKY, THOMAS -- read
twice and ordered printed, and when printed to be committed to the
Committee on Education -- reported favorably from said committee and
committed to the Committee on Finance -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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:
1 Section 1. Subdivision 2, paragraph (a) of subdivision 5 and subdivi-
2 sion 9 of section 4310 of the public health law, subdivision 2 as
3 amended and subdivision 9 as added by section 27 of part A of chapter 60
4 of the laws of 2014 and paragraph (a) of subdivision 5 as separately
5 amended by chapters 40 and 248 of the laws of 2016, are amended to read
6 as follows:
7 2. The commissioner may enter into a multi-year contract for the oper-
8 ation and promotion of the donate life registry subject to such terms
9 and conditions as may be contained within such contract with a not-for-
10 profit organization that has experience working with organ, eye and
11 tissue procurement organizations, has expertise in conducting organ, eye
12 and tissue donor promotional campaigns, and is affiliated with the
13 organ, eye and tissue donation community throughout the state. The
14 contractor may subcontract as needed for the effective performance of
15 the contract. All such subcontractors and the terms of such subcontracts
16 shall be subject to approval by the commissioner. Any applicable state
17 agency, including, but not limited to, the department, the department of
18 motor vehicles, the state university of New York, and the city universi-
19 ty of New York boards of trustees, and the board of elections, and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05782-04-9
S. 1491--A 2
1 libraries within the state, shall cooperate in the collection and trans-
2 fer of registrant data to the donate life registry.
3 (a) Such organ, eye and tissue registration of consent to make an
4 anatomical gift can be made through: (i) indication made on the applica-
5 tion or renewal form of a driver's license, (ii) indication made on a
6 non-driver identification card application or renewal form, (iii) indi-
7 cation made on a voter registration form pursuant to subdivision five of
8 section 5-210 of the election law, (iv) indication made on the applica-
9 tion for health care coverage offered through the state health benefit
10 exchange, (v) enrollment through the donate life registry website, (vi)
11 paper enrollment submitted to the donate life registry, [or] (vii) indi-
12 cation made on the common application used for admittance to attend a
13 city or state university of New York college pursuant to subdivision
14 twenty of section three hundred fifty-five or subdivision twenty of
15 section sixty-two hundred six of the education law; (viii) indication
16 made on the application for a library card pursuant to section two
17 hundred sixty-two-a of the education law, or (ix) through any other
18 method identified by the commissioner. The department shall establish a
19 means by which to register the consent given by individuals who are
20 sixteen or seventeen years of age in the donate life registry, and shall
21 make registration available by any of the methods provided in subpara-
22 graphs (i), (ii), (iii), (iv), (v) [and], (vi), (vii) and (viii) of this
23 paragraph.
24 9. An interagency work group, composed of the commissioner, the
25 commissioner of the department of motor vehicles, a chair of the board
26 of elections, a trustee of the state university of New York, a represen-
27 tative of libraries in the state of New York, or their designees, and
28 such other individuals as may be designated by the commissioner, shall
29 be established to meet with the contractor annually and as needed to
30 review the status of the donate life registry, to examine the steps that
31 might be taken by state agencies to enhance its performance and to make
32 recommendations to the contractor.
33 § 2. Section 355 of the education law is amended by adding a new
34 subdivision 20 to read as follows:
35 20. a. The state university board of trustees shall ensure that the
36 common application used for admittance to attend a state university of
37 New York college includes the question, "would you like to be added to
38 the donate life registry?" or "skip the question", which must be
39 answered in order to submit such application.
40 b. The trustees shall not maintain records of any person who checks
41 "skip this question". Except where the application is made in person or
42 electronically, failure to check a box shall not impair the validity of
43 an application, and failure to check "yes" or checking "skip this ques-
44 tion" shall not be construed to imply a wish not to donate. In the case
45 of an applicant under eighteen years of age, checking "yes" shall not
46 constitute consent to make an anatomical gift or registration in the
47 donate life registry, except as otherwise provided pursuant to the
48 provisions of paragraph (b) of subdivision one of section forty-three
49 hundred one of the public health law.
50 c. Where an applicant has previously consented to make an anatomical
51 gift or register in the donate life registry, checking "skip this ques-
52 tion" or failing to check a box shall not impair that consent or regis-
53 tration.
54 § 3. Section 6206 of the education law is amended by adding a new
55 subdivision 20 to read as follows:
S. 1491--A 3
1 20. a. The city university board of trustees shall ensure that the
2 common application used for admittance to attend a city university of
3 New York college includes the question, "would you like to be added to
4 the donate life registry?" or "skip the question", which must be
5 answered in order to submit such application.
6 b. The city university of New York board of trustees shall not main-
7 tain records of any person who checks "skip this question". Except where
8 the application is made in person or electronically, failure to check a
9 box shall not impair the validity of an application, and failure to
10 check "yes" or checking "skip this question" shall not be construed to
11 imply a wish not to donate. In the case of an applicant under eighteen
12 years of age, checking "yes" shall not constitute consent to make an
13 anatomical gift or registration in the donate life registry, except as
14 otherwise provided pursuant to the provisions of paragraph (b) of subdi-
15 vision one of section forty-three hundred one of the public health law.
16 c. Where an applicant has previously consented to make an anatomical
17 gift or register in the donate life registry, checking "skip this ques-
18 tion" or failing to check a box shall not impair that consent or regis-
19 tration.
20 § 4. The education law is amended by adding a new section 262-a to
21 read as follows:
22 § 262-a. Application for library card; registration in the donate life
23 registry. 1. Where required by law for application forms described in
24 subparagraph (viii) of paragraph (a) of subdivision five of section
25 forty-three hundred ten of the public health law, every library, other
26 than a school library, shall ensure that space is provided on the appli-
27 cation for a library card so that the applicant shall register or
28 decline registration in the donate life registry for organ, eye and
29 tissue donations under section forty-three hundred ten of the public
30 health law and that the following is stated on the application in clear
31 and conspicuous type:
32 "You must fill out the following section: Would you like to be added
33 to the Donate Life Registry? Check box for 'yes' or 'skip the ques-
34 tion'."
35 2. The department shall not maintain records of any person who checks
36 "skip this question". Except where the application is made in person or
37 electronically, failure to check a box shall not impair the validity of
38 an application, and failure to check "yes" or checking "skip this ques-
39 tion" shall not be construed to imply a wish not to donate. In the case
40 of an applicant under sixteen years of age, checking "yes" shall not
41 constitute consent to make an anatomical gift or registration in the
42 donate life registry, except as otherwise provided pursuant to the
43 provisions of paragraph (b) of subdivision one of section forty-three
44 hundred one of the public health law.
45 3. Where an applicant has previously consented to make an anatomical
46 gift or register in the donate life registry, checking "skip the ques-
47 tion" or failing to check a box shall not impair that consent or regis-
48 tration.
49 4. The commissioner, in collaboration with the commissioner of health
50 shall develop instructional tools and materials for libraries to assist
51 in the education of organ donation and enrollment in the New York State
52 Donate Life Registry. Materials and instructional tools to advance and
53 promote education awareness on organ donation shall be made available to
54 libraries upon request at no charge.
55 5. The commissioner shall promulgate regulations pursuant to which the
56 department may provide financial assistance to libraries for updating
S. 1491--A 4
1 library card applications upon showing that costs associated with updat-
2 ing application forms in compliance with this section would impose a
3 financial hardship.
4 § 5. This act shall take effect immediately.