NY State Senate Bill 2017-S5697B

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 19, 2018	print number 5697b
Jun 19, 2018	amend and recommit to rules
Jan 03, 2018	referred to consumer protection
Jun 21, 2017	committed to rules
Jun 08, 2017	amended on third reading 5697a
May 22, 2017	advanced to third reading
May 17, 2017	2nd report cal.
May 16, 2017	1st report cal.1000
Apr 26, 2017	referred to consumer protection

Votes

- May 16, 2017 - Consumer Protection Committee Vote
  S5697B
  
  Aye
  
  11
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Consumer Protection Committee Vote: May 16, 2017
      
      aye (11)
      
      Amedore
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Funke
      
      Hamilton
      
      Helming
      
      Latimer
      
      Robach
      
      Serrano

Bill Amendments

Original

B (Active)

2017-S5697 - Details

See Assembly Version of this Bill:: A423
Current Committee:: Senate 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: S7985, A6289
2019-2020: A23
2021-2022: A200

2017-S5697 - 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-S5697 - Sponsor Memo

                                 BILL NUMBER:  S5697

 TITLE OF BILL :  An act to amend the general business law, in
relation to requiring certain disclosures by sperm and ovum storage
facilities

 PURPOSE OR GENERAL IDEA OF BILL :

Requires sperm and ovum storage facilities to disclose to clients
provisions of any state or federal laws related to the inheritance
rights of a child posthumously conceived by the utilization of such
sperm or ovum. The legislation also requires sperm and ovum facilities
to obtain the address or email address of a client and keep it for ten
years only to notify the client of changes in the law relating to
sperm and ovum facilities.

 SUMMARY OF SPECIFIC PROVISIONS :

Amends the general business law by adding a new section 391-u which
requires any facility engaged in the business of the storage of sperm
or ovum to provide, prior to a contractual agreement with a client, a
disclosure statement which notifies such client of the provisions of
any existing state or federal laws including any statute of
limitations relating to the inheritance rights of a child posthumously
conceived from the utilization of sperm or ovum stored at such
facility. The legislation also requires sperm and ovum facilities to

obtain the address or email address of a client and keep it for ten
years only to notify the client of changes in the law relating to
sperm and ovum facilities.

 JUSTIFICATION :

Currently a person may freeze sperm or ovum to conceive a child on a
future date. This miracle of science provides our nation's military
service men and women the comfort of knowing that if they are
seriously injured or killed in the line of duty, that they may still
have a child.

Good government dictates that a person who decides to freeze sperm or
an ovum is informed of the state and federal regulations pertaining to
posthumous conception inheritance rights. Failure to inform could
result in financial and emotional hardships for families who utilize a
frozen sperm or ovum without the foresight to plan adequately. This
bill will ensure that parents who enter into contracts for services
with a frozen sperm or ovum storage facility be provided with the
facility's provisions of any state or federal laws related to
inheritance rights of a child posthumously conceived by the
utilization of such frozen sperm or ovum.

 PRIOR LEGISLATIVE HISTORY :

2016 - died in Consumer Protection; died in Assembly Rules.

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2017-S5697 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5697
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2017
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer 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.

                                                            LBD06336-01-7

 S. 5697                             2
 
 UPDATED STATE OR FEDERAL LAWS AND THAT  THE  CLIENT  SHOULD  ATTEMPT  TO
 FOLLOW ANY CHANGES TO THE LAWS IN THE FUTURE ON HIS OR HER OWN.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

2017-S5697A - Details

See Assembly Version of this Bill:: A423
Current Committee:: Senate 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: S7985, A6289
2019-2020: A23
2021-2022: A200

2017-S5697A - 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-S5697A - Sponsor Memo

                                 BILL NUMBER:  S5697A

 TITLE OF BILL :  An act to amend the general business law, in
relation to requiring certain disclosures by sperm and ovum storage
facilities

 PURPOSE :

Requires sperm and ovum storage facilities to disclose to clients
provisions of any state or federal laws related to the inheritance
rights of a child posthumously conceived by the utilization of such
sperm or ovum. The legislation also requires sperm and ovum facilities
to obtain the address or email address of a client and keep it for ten
years only to notify the client of changes in the law relating to
sperm and ovum facilities.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of the bill adds § 391-u to the general business law which
directs the Commissioner of Health to make a disclosure statement
available to facilities engaged in the business of the storage of
sperm or ovum. The disclosure statement is required to contain
information relating to any existing state or federal laws including
any statute of limitations relating to the inheritance rights of a
child posthumously conceived from the utilization of sperm or ovum
stored at such facility. The commissioner is obligated to update the

disclosure statement whenever he or she deems necessary to reflect any
significant changes in the law. The legislation also requires that
prior to engaging in a contractual agreement with a client, the
facility provide the client with a copy of the disclosure statement.
The facility must also maintain the address or email address of the
client for ten years to send the client any updated disclosure made
available by the commissioner.Finally, the bill further states that
upon the expiration of the ten year period, the facility shall send a
notice to the client that the facility is no longer required to send
updated disclosure statements to the client and that the client may
wish to follow any changes to the laws in the future on their own.

Section two of the bill provides the effective date.

 JUSTIFICATION :

Currently a person may freeze sperm or ovum to conceive a child on a
future date.This miracle of science provides our nation's military
service men and women the comfort of .knowing that if they are
seriously injured or killed in the line of duty, that they may still
have a child.

Good government dictates that a person who decides to freeze sperm or
an ovum is informed of the state and federal regulations pertaining to
posthumous conception inheritance rights. Failure to inform could
result in financial and emotional hardships for families who utilize a
frozen sperm or ovum without the foresight to plan adequately. This
bill will ensure that parents who enter into contracts for services
with a frozen sperm or ovum storage facility be provided with the
facility's provisions of any state or federal laws related to
inheritance rights of a child posthumously conceived by the
utilization of such frozen sperm or ovum.

 PRIOR LEGISLATIVE HISTORY :

2016: A.6289-A/S.7985 - Referred to Rules / Consumer Protection

 FISCAL IMPLICATIONS :

None
 EFFECTIVE DATE :
One hundred eightieth days after becoming a law.

2017-S5697A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5697--A
     Cal. No. 1000
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2017
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06336-03-7

 S. 5697--A                          2
 
   (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 THE FACILITY IS NO LONGER REQUIRED TO SEND UPDATED
 DISCLOSURE STATEMENTS TO THE CLIENT AND THAT  THE  CLIENT  MAY  WISH  TO
 FOLLOW ANY CHANGES TO THE LAWS IN THE FUTURE ON HIS OR HER OWN.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law; provided that, effective immediately, the
 addition, amendment, and/or repeal of any rules and  regulations  neces-
 sary  to  implement the provisions of this act on its effective date are
 authorized and directed to be completed  on  or  before  such  effective
 date.

2017-S5697B (ACTIVE) - Details

See Assembly Version of this Bill:: A423
Current Committee:: Senate 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: S7985, A6289
2019-2020: A23
2021-2022: A200

2017-S5697B (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-S5697B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5697B

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
certain disclosures by sperm and ovum storage facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill requires sperm and ovum storage facilities to disclose to
clients certain provisions of New York State law related to the inheri-
tance rights of a child posthumously conceived by the utilization of
such sperm or ovum.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill requires any facility engaged in the business of
providing the storage of sperm or ovum, prior to engaging in any
contractual relationship with a client, to provide 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 at such facility.

Section 2 of the bill provides the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amended bill removes the original requirement that the Department of
Health prepare a disclosure statement for sperm and ovum storage facili-
ties and update such statement to reflect significant changes in the
law. The amended bill would instead require such facilities to notify
prospective clients of existing provisions of New York State law. In
addition, the amended bill removes requirements from the original bill
that would have required such facilities to provide the consumer with
any updated disclosure for ten years after entering into the contractual
agreement.

 
JUSTIFICATION:

Currently a person may freeze sperm or ovum to conceive a child on a
future date. This miracle of science provides our nation's military
service men and women the comfort of knowing that if they are seriously
injured or killed in the line of duty, that they may still have a child.

Good government dictates that a person who decides to freeze sperm or an
ovum is informed of state laws pertaining to posthumous conception
inheritance rights. Failure to inform could result in financial and
emotional hardships for families who utilize a frozen sperm or ovum
without the foresight to plan adequately. This bill will ensure that
parents who enter into contracts for services with a frozen sperm or
ovum storage facility will be made aware of provisions of New York State
law related to the inheritance rights of a child posthumously conceived
by the utilization of such frozen sperm or ovum.

 
PRIOR LEGISLATIVE HISTORY:

2017 - died in Rules in both Houses.
2016 - died in Senate Consumer Protection; died in Assembly Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect 180 days after becoming a law.

2017-S5697B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5697--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2017
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining  its  place  in the order of third reading -- recommitted to
   the Committee on Consumer Protection in accordance with Senate Rule 6,
   sec. 8 -- 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.
                                                            LBD06336-05-8

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Senate Bill S5697B

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

May 16, 2017 - Consumer Protection Committee Vote

Consumer Protection Committee Vote: May 16, 2017

Bill Amendments

2017-S5697 - Details

2017-S5697 - Summary

2017-S5697 - Sponsor Memo

2017-S5697 - Bill Text download pdf

2017-S5697A - Details

2017-S5697A - Summary

2017-S5697A - Sponsor Memo

2017-S5697A - Bill Text download pdf

2017-S5697B (ACTIVE) - Details

2017-S5697B (ACTIVE) - Summary

2017-S5697B (ACTIVE) - Sponsor Memo

2017-S5697B (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S5697B

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Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Bill Amendments

2017-S5697 - Details

2017-S5697 - Summary

2017-S5697 - Sponsor Memo

2017-S5697 - Bill Text download pdf

2017-S5697A - Details

2017-S5697A - Summary

2017-S5697A - Sponsor Memo

2017-S5697A - Bill Text download pdf

2017-S5697B (ACTIVE) - Details

2017-S5697B (ACTIVE) - Summary

2017-S5697B (ACTIVE) - Sponsor Memo

2017-S5697B (ACTIVE) - Bill Text download pdf

Comments