S T A T E O F N E W Y O R K
________________________________________________________________________
8736
2017-2018 Regular Sessions
I N A S S E M B L Y
October 20, 2017
___________
Introduced by M. of A. SKOUFIS -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the public health law and the environmental conservation
law, in relation to allowing donate life registration when applying
for or renewing a hunting, fishing or trapping license
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 THE APPLICATION OR RENEWAL FORM OF A HUNTING, FISHING OR
TRAPPING LICENSE ISSUED PURSUANT TO TITLE SEVEN OF ARTICLE ELEVEN OF THE
ENVIRONMENTAL CONSERVATION LAW, OR (VIII) through any other method iden-
tified 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 subparagraphs
(i), (ii), (iii), (iv), (v) [and], (vi) AND (VII) 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13306-02-7
A. 8736 2
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 THE APPLICATION OR RENEWAL FORM
OF A HUNTING, FISHING OR TRAPPING LICENSE ISSUED PURSUANT TO TITLE SEVEN
OF ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVATION LAW, OR (VII)
through any other method identified by the commissioner.
§ 3. Subdivision 1 of section 206 of the public health law is amended
by adding a new paragraph (w) to read as follows:
(W) REQUIRE, IN CONSULTATION AND COOPERATION WITH THE COMMISSIONER OF
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THAT EVERY INDIVIDUAL
APPLYING FOR OR RENEWING A LICENSE FOR HUNTING, FISHING, OR TRAPPING
ISSUED PURSUANT TO TITLE SEVEN OF ARTICLE ELEVEN OF THE ENVIRONMENTAL
CONSERVATION LAW, BE PROVIDED SPACE SO THAT SUCH APPLICANT MAY REGISTER
IN THE DONATE LIFE REGISTRY FOR ORGAN, EYE AND TISSUE DONATIONS PURSUANT
TO SECTION FORTY-THREE HUNDRED TEN OF THIS CHAPTER WITH THE FOLLOWING
STATED IN CLEAR 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 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
OR RENEWAL, 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 CONSTI-
TUTE 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 IS REGISTERED IN THE DONATE LIFE REGISTRY, CHECKING
"SKIP THIS QUESTION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT
CONSENT OR REGISTRATION.
§ 4. Section 11-0713 of the environmental conservation law is amended
by adding a new subdivision 7 to read as follows:
7. THE COMMISSIONER SHALL PROVIDE, ON EACH FORM FOR PURCHASE OR
RENEWAL OF A LICENSE PURSUANT TO THIS TITLE, 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:
"YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED
TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES-
TION'."
FAILURE TO CHECK A BOX 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 REGIS-
TRATION IN THE DONATE LIFE REGISTRY. WHERE AN APPLICANT HAS PREVIOUSLY
CONSENTED TO MAKE AN ANATOMICAL GIFT OR IS REGISTERED IN THE DONATE LIFE
REGISTRY, CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK A BOX SHALL
NOT IMPAIR THAT CONSENT OR REGISTRATION.
§ 5. This act shall take effect immediately, provided, however, that
the amendments to subdivision 5 of section 4310 of the public health law
made by section one of this act shall be subject to the expiration and
reversion of such subdivision pursuant to chapter 465 of the laws of
2012, as amended, when upon such date the provisions of section two of
this act shall take effect.