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Assembly Bill A423B

2017-2018 Legislative Session

Requires certain disclosures by sperm and ovum storage facilities

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2017-A423 - Details

See Senate Version of this Bill:
S5697
Current Committee:
Assembly Rules
Law Section:
General Business Law
Laws Affected:
Add §391-u, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3458
2011-2012: A3045
2013-2014: A4418
2015-2016: A6289, S7985
2019-2020: A23
2021-2022: A200

2017-A423 - Summary

Requires certain disclosures by sperm and ovum storage facilities to inform clients relating to the inheritance rights of a posthumously conceived child from the utilization of such sperm or ovum.

2017-A423 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    423
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   certain disclosures by sperm and ovum storage facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 391-u to read as follows:
   § 391-U. DISCLOSURE STATEMENT BY SPERM OR OVUM STORAGE  FACILITY.  (A)
 ANY  MEDICAL FACILITY, OR OTHER FACILITY, ENGAGED IN THE BUSINESS OF THE
 STORAGE OF SPERM OR  OVUM  SHALL  PROVIDE,  PRIOR  TO  ENGAGING  IN  ANY
 CONTRACTUAL  AGREEMENT  WITH  A  CLIENT,  A DISCLOSURE STATEMENT TO SUCH
 CLIENT WHICH NOTIFIES HIM OR HER OF THE PROVISIONS OF ANY EXISTING STATE
 OR FEDERAL LAWS ON THE STORAGE OF SPERM OR OVUM INCLUDING  ANY  STATUTES
 OF LIMITATIONS RELATING TO THE INHERITANCE RIGHTS OF A CHILD POSTHUMOUS-
 LY  CONCEIVED  FROM  THE  UTILIZATION  OF SPERM OR OVUM STORED WITH SUCH
 FACILITY.  SUCH FACILITY SHALL KEEP THE ADDRESS AND/OR EMAIL ADDRESS  OF
 SUCH  CLIENT  FOR  TEN  YEARS  AND  SHALL ONLY USE SUCH ADDRESS OR EMAIL
 ADDRESS TO SEND NOTIFICATION TO SUCH CLIENT PURSUANT TO SUBDIVISION  (B)
 OF THIS SECTION.
   (B) IN ADDITION TO THE DISCLOSURE PROVIDED PURSUANT TO SUBDIVISION (A)
 OF  THIS SECTION, SHOULD ANY STATE OR FEDERAL LAWS DISCLOSED PURSUANT TO
 SUBDIVISION (A) OF THIS SECTION  CHANGE,  SUCH  FACILITY  SHALL  SEND  A
 NOTIFICATION  TO  THE  CLIENT  OF THE CHANGE. SUCH NOTIFICATION SHALL BE
 SENT THROUGH THE POSTAL  SERVICE  OR  THROUGH  ELECTRONIC  MAIL  TO  THE
 ADDRESS  OR  EMAIL  ADDRESS  GIVEN  BY THE CLIENT TO SUCH FACILITY. SUCH
 NOTIFICATION SHALL CONTINUE FOR TEN YEARS AFTER THE INITIAL EXECUTION OF
 ANY CONTRACT.
   (C) UPON THE EXPIRATION OF THE TEN YEAR NOTICE PERIOD PROVIDED  PURSU-
 ANT TO SUBDIVISION (B) OF THIS SECTION, THE FACILITY SHALL SEND A NOTICE
 TO  THE  CLIENT  THAT  THEY WILL NO LONGER BE NOTIFIED OF CHANGES TO ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2017-A423A - Details

See Senate Version of this Bill:
S5697
Current Committee:
Assembly Rules
Law Section:
General Business Law
Laws Affected:
Add §391-u, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3458
2011-2012: A3045
2013-2014: A4418
2015-2016: A6289, S7985
2019-2020: A23
2021-2022: A200

2017-A423A - Summary

Requires certain disclosures by sperm and ovum storage facilities to inform clients relating to the inheritance rights of a posthumously conceived child from the utilization of such sperm or ovum.

2017-A423A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  423--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Consumer Affairs  and  Protection  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   certain disclosures by sperm and ovum storage facilities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 391-u to read as follows:
   § 391-U. DISCLOSURE STATEMENT BY SPERM OR OVUM STORAGE  FACILITY.  (A)
 THE  COMMISSIONER  OF HEALTH SHALL MAKE AVAILABLE A DISCLOSURE STATEMENT
 FOR MEDICAL FACILITIES, OR OTHER FACILITIES ENGAGED IN THE  BUSINESS  OF
 THE  STORAGE  OF  SPERM OR OVUM TO PROVIDE TO CLIENTS OF SUCH FACILITIES
 NOTIFICATION OF THE PROVISIONS OF ANY EXISTING STATE OR FEDERAL LAWS  ON
 THE  STORAGE  OF  SPERM  OR  OVUM  INCLUDING ANY STATUTES OF LIMITATIONS
 RELATING TO THE INHERITANCE RIGHTS OF  A  CHILD  POSTHUMOUSLY  CONCEIVED
 FROM  THE  UTILIZATION  OF SPERM OR OVUM STORED WITH SUCH FACILITY.  THE
 COMMISSIONER SHALL UPDATE SUCH DISCLOSURE STATEMENT WHENEVER HE  OR  SHE
 DEEMS NECESSARY TO REFLECT ANY SIGNIFICANT CHANGES IN THE LAW.
   (B)  PRIOR  TO ENGAGING IN ANY CONTRACTUAL AGREEMENT WITH A CLIENT FOR
 STORAGE OF SPERM OR OVUM, EACH  MEDICAL  FACILITY,  OR  OTHER  FACILITY,
 ENGAGED  IN  THE BUSINESS OF PROVIDING SUCH STORAGE SHALL PROVIDE TO THE
 CLIENT A COPY OF THE DISCLOSURE STATEMENT MADE AVAILABLE BY THE  COMMIS-
 SIONER  OF  HEALTH  PURSUANT TO SUBDIVISION (A) OF THIS SECTION. FOR TEN
 YEARS AFTER ENTERING SUCH CONTRACTUAL  AGREEMENT,  SUCH  FACILITY  SHALL
 KEEP  THE ADDRESS OR EMAIL ADDRESS OF EACH CLIENT AND SHALL SEND TO SUCH
 ADDRESS OR EMAIL ADDRESS ANY UPDATED DISCLOSURE MADE  AVAILABLE  BY  THE
 COMMISSIONER PURSUANT TO THIS SUBDIVISION.
   (C)  UPON THE EXPIRATION OF THE TEN YEAR NOTICE PERIOD PROVIDED PURSU-
 ANT TO SUBDIVISION (B) OF THIS SECTION, THE FACILITY SHALL SEND A NOTICE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2017-A423B (ACTIVE) - Details

See Senate Version of this Bill:
S5697
Current Committee:
Assembly Rules
Law Section:
General Business Law
Laws Affected:
Add §391-u, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3458
2011-2012: A3045
2013-2014: A4418
2015-2016: A6289, S7985
2019-2020: A23
2021-2022: A200

2017-A423B (ACTIVE) - Summary

Requires certain disclosures by sperm and ovum storage facilities to inform clients relating to the inheritance rights of a posthumously conceived child from the utilization of such sperm or ovum.

2017-A423B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  423--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Consumer Affairs  and  Protection  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- recommitted to the Committee on Consumer Affairs and Protection
   in accordance with Assembly Rule 3, sec. 2  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   certain disclosures by sperm and ovum storage facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 391-u to read as follows:
   § 391-U. DISCLOSURE STATEMENT BY SPERM OR OVUM STORAGE FACILITY.   ANY
 MEDICAL  FACILITY, OR OTHER FACILITY, ENGAGED IN THE BUSINESS OF PROVID-
 ING THE STORAGE OF SPERM  OR  OVUM  SHALL,  PRIOR  TO  ENGAGING  IN  ANY
 CONTRACTUAL  AGREEMENT  WITH  A  CLIENT FOR SUCH STORAGE, PROVIDE TO THE
 CLIENT WRITTEN NOTIFICATION OF THE  PROVISIONS  OF  SECTIONS  4-1.3  AND
 11-1.5 OF THE ESTATES, POWERS AND TRUSTS LAW RELATING TO THE INHERITANCE
 RIGHTS  OF  A CHILD POSTHUMOUSLY CONCEIVED FROM THE UTILIZATION OF SPERM
 OR OVUM STORED WITH SUCH FACILITY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06336-04-8

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