S T A T E O F N E W Y O R K
________________________________________________________________________
2526--A
2017-2018 Regular Sessions
I N A S S E M B L Y
January 20, 2017
___________
Introduced by M. of A. SIMOTAS, DINOWITZ, MAYER, LUPINACCI, ORTIZ,
BUCHWALD, O'DONNELL, QUART, LUPARDO, BRAUNSTEIN, ERRIGO, RAIA, PALMES-
ANO -- Multi-Sponsored by -- M. of A. STEC -- read once and referred
to the Committee on Health -- 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
RENEWAL THEREOF OF A MOTOR VEHICLE, (XI) INDICATION MADE ON AN APPLICA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00150-05-7
A. 2526--A 2
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-
THREE HUNDRED TEN OF THIS CHAPTER WITH THE FOLLOWING STATED IN CLEAR
A. 2526--A 3
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
WHO CHECKS "SKIP THIS QUESTION". EXCEPT WHERE THE APPLICATION IS MADE IN
A. 2526--A 4
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
REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'". THE REGENTS
A. 2526--A 5
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
"YES" OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE CONSTRUED TO IMPLY A
A. 2526--A 6
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"
SHALL NOT CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT OR REGISTRATION
A. 2526--A 7
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.