NY State Senate Bill 2019-S1491A

Archive: Last Bill Status - Stricken

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
Aug 11, 2020	recommit, enacting clause stricken
Jan 08, 2020	referred to education
May 28, 2019	print number 1491a
May 28, 2019	amend and recommit to finance
May 14, 2019	reported and committed to finance
Jan 15, 2019	referred to education

Votes

- May 14, 2019 - Education Committee Vote
  S1491A
  
  Aye
  
  13
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Education Committee Vote: May 14, 2019
      
      aye (13)
      
      Addabbo Jr.
      
      Brooks
      
      Jackson
      
      LaValle
      
      Liu
      
      Martinez
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Robach
      
      Serrano
      
      Seward
      
      Stavisky
      
      aye wr (2)
      
      Lanza
      
      Little

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2019-S1491 - Details

See Assembly Version of this Bill:: A5785
Law Section:: Public Health Law
Laws Affected:: Add §262-a, amd §§355 & 6206, Ed L; amd §4310, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S5283, A8116

2019-S1491 - Summary

Authorizes registration as an organ donor in the donate life registry on SUNY, CUNY and library card applications.

2019-S1491 - Sponsor Memo

                                
 
BILL NUMBER: S1491

SPONSOR: JACOBS
 
TITLE OF BILL:

An act to amend the public health law and the education law, in relation
to registration in the donate life registry

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would increase the convenience for younger populations to
enroll in the Donate Life Registry, particularly targeting city resi-
dents who may not be predisposed to use the predominate methods of the
Department of Motor Vehicles or the Board of Elections.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - Amends the public health law by amending paragraph (a) of
subdivision 5 and subdivision 9 of section 4310, paragraph (a) of subdi-
vision 5 as separately amended by chapters 40 and 248 of the laws of
2016, and subdivision 9 as added by section 27 of part A of chapter 60

of the laws of 2014. Expanding the methods of enrollment for the donate
life registry, and including the SUNY board of trustees in the intera-
gency work group to enhance the donate life registry.

Section 2.- Amends the education law by adding a new section 209-b.
This provides for the SUNY trustees to include on a student's initial
registration form a question asking if the student wishes to register in
the New York State's Donate Life Registry. This section also stipulates
that records shall not be maintained for anyone who chooses to skip this
question.

Section 3 - amends the education law by adding a new section 262-a.
This provides for the SUNY trustees to include on all public library
applications, excepting school libraries, a question asking if the
applicant wishes to register in the New York State's Donate Life Regis-
try. This section also stipulates that records shall not be maintained
for anyone who chooses to skip this question.

Section 4 - Amends the public health law by amending paragraph (a) of
subdivision 5 of section 4310, as amended by section 27 of part A of
chapter 60 of the laws of 2014. Expanding the methods of enrollment for
the donate life registry.

Section 5 - Sets the effective date.

 
JUSTIFICATION:

According to reports, New York State adults register themselves as organ
donors at less than half the rate of adults nationwide, just 22 percent,
while the demand for organ transplants in New York is among the highest
in the country. Currently the only ways to enroll in the registry are
through the Department of Health, the Department of Motor Vehicles, and
the Board of Elections. Part of the problem with lack of enrollment lies
in the limited engagement with these departments amongst portions of the
population. People who live in New York City that don't drive have
almost no interaction with the DMV, while others who don't vote have no
interaction with the Board of Elections. The New York State library
system serves over 19 million people statewide, while SUNY serves 1.3
million and CUNY 500 thousand people annually. By expanding the opportu-
nity for people to enroll in the organ donor registry, the policy goal
is to increase the percentage enrolled.

 
PRIOR LEGISLATIVE HISTORY:

S.5283C (2017-18) Passed Senate

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1491 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1491
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced by Sens. JACOBS, BOYLE, BRESLIN, CARLUCCI, FLANAGAN, HELMING,
   HOYLMAN,  RANZENHOFER,  SAVINO,  SERRANO,  STAVISKY  -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Education
 
 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:
 
   Section 1. Subdivision 2, paragraph (a) of subdivision 5 and  subdivi-
 sion  9  of  section  4310  of  the  public health law, subdivision 2 as
 amended and subdivision 9 as added by section 27 of part A of chapter 60
 of the laws of 2014 and paragraph (a) of  subdivision  5  as  separately
 amended  by chapters 40 and 248 of the laws of 2016, are amended to read
 as follows:
   2. The commissioner may enter into a multi-year contract for the oper-
 ation and promotion of the donate life registry subject  to  such  terms
 and  conditions as may be contained within such contract with a not-for-
 profit organization that has experience  working  with  organ,  eye  and
 tissue procurement organizations, has expertise in conducting organ, eye
 and  tissue  donor  promotional  campaigns,  and  is affiliated with the
 organ, eye and tissue  donation  community  throughout  the  state.  The
 contractor  may  subcontract  as needed for the effective performance of
 the contract. All such subcontractors and the terms of such subcontracts
 shall be subject to approval by the commissioner. Any  applicable  state
 agency, including, but not limited to, the department, the department of
 motor vehicles, THE STATE UNIVERSITY OF NEW YORK, AND THE CITY UNIVERSI-
 TY  OF  NEW  YORK  BOARDS  OF  TRUSTEES, and the board of elections, AND
 LIBRARIES WITHIN THE STATE, shall cooperate in the collection and trans-
 fer of registrant data to the donate life registry.
   (a) Such organ, eye and tissue registration  of  consent  to  make  an
 anatomical gift can be made through: (i) indication made on the applica-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05782-01-9

 S. 1491                             2
 
 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 COMMON APPLICATION USED FOR ADMITTANCE  TO  ATTEND  A
 CITY  OR  STATE  UNIVERSITY  OF NEW YORK COLLEGE PURSUANT TO SUBDIVISION
 TWENTY OF SECTION THREE HUNDRED  FIFTY-FIVE  OR  SUBDIVISION  TWENTY  OF
 SECTION  SIXTY-TWO  HUNDRED  SIX OF THE EDUCATION LAW; (VIII) INDICATION
 MADE ON THE APPLICATION FOR A  LIBRARY  CARD  PURSUANT  TO  SECTION  TWO
 HUNDRED  SIXTY-TWO-A  OF  THE  EDUCATION  LAW, OR (IX) through any other
 method identified 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 subpara-
 graphs (i), (ii), (iii), (iv), (v) [and], (vi), (VII) AND (VIII) of this
 paragraph.
   9. An interagency  work  group,  composed  of  the  commissioner,  the
 commissioner  of  the department of motor vehicles, a chair of the board
 of elections, A TRUSTEE OF THE STATE UNIVERSITY OF NEW YORK, A REPRESEN-
 TATIVE OF LIBRARIES IN THE STATE OF NEW YORK, or  their  designees,  and
 such  other  individuals as may be designated by the commissioner, shall
 be established to meet with the contractor annually  and  as  needed  to
 review the status of the donate life registry, to examine the steps that
 might  be taken by state agencies to enhance its performance and to make
 recommendations to the contractor.
   § 2. Section 355 of the education law  is  amended  by  adding  a  new
 subdivision 20 to read as follows:
   20.  A.  THE  STATE UNIVERSITY BOARD OF TRUSTEES SHALL ENSURE THAT THE
 COMMON APPLICATION USED FOR ADMITTANCE TO ATTEND A STATE  UNIVERSITY  OF
 NEW  YORK  COLLEGE INCLUDES THE QUESTION, "WOULD YOU LIKE TO BE ADDED TO
 THE DONATE LIFE  REGISTRY?"  OR  "SKIP  THE  QUESTION",  WHICH  MUST  BE
 ANSWERED IN ORDER TO SUBMIT SUCH APPLICATION.
   B.  THE  TRUSTEES  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  QUES-
 TION"  SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN THE CASE
 OF AN APPLICANT UNDER EIGHTEEN YEARS OF AGE, CHECKING  "YES"  SHALL  NOT
 CONSTITUTE  CONSENT  TO  MAKE  AN ANATOMICAL GIFT OR REGISTRATION IN THE
 DONATE LIFE REGISTRY, EXCEPT  AS  OTHERWISE  PROVIDED  PURSUANT  TO  THE
 PROVISIONS  OF  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION FORTY-THREE
 HUNDRED ONE OF THE PUBLIC HEALTH LAW.
   C. WHERE AN APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE  AN  ANATOMICAL
 GIFT  OR REGISTER IN THE DONATE LIFE REGISTRY, CHECKING "SKIP THIS QUES-
 TION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR  REGIS-
 TRATION.
   §  3.  Section  6206  of  the education law is amended by adding a new
 subdivision 20 to read as follows:
   20. A. THE CITY UNIVERSITY BOARD OF TRUSTEES  SHALL  ENSURE  THAT  THE
 COMMON  APPLICATION  USED  FOR ADMITTANCE TO ATTEND A CITY UNIVERSITY OF
 NEW YORK COLLEGE INCLUDES THE QUESTION, "WOULD YOU LIKE TO BE  ADDED  TO
 THE  DONATE  LIFE  REGISTRY?"  OR  "SKIP  THE  QUESTION",  WHICH MUST BE
 ANSWERED IN ORDER TO SUBMIT SUCH APPLICATION.

 S. 1491                             3
 
   B. THE REGENTS 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 QUES-
 TION"  SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN THE CASE
 OF AN APPLICANT UNDER EIGHTEEN YEARS OF AGE, CHECKING  "YES"  SHALL  NOT
 CONSTITUTE  CONSENT  TO  MAKE  AN ANATOMICAL GIFT OR REGISTRATION IN THE
 DONATE LIFE REGISTRY, EXCEPT  AS  OTHERWISE  PROVIDED  PURSUANT  TO  THE
 PROVISIONS  OF  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION FORTY-THREE
 HUNDRED ONE OF THE PUBLIC HEALTH LAW.
   C. WHERE AN APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE  AN  ANATOMICAL
 GIFT  OR REGISTER IN THE DONATE LIFE REGISTRY, CHECKING "SKIP THIS QUES-
 TION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR  REGIS-
 TRATION.
   §  4.  The  education  law is amended by adding a new section 262-a to
 read as follows:
   § 262-A. APPLICATION FOR LIBRARY CARD; REGISTRATION IN THE DONATE LIFE
 REGISTRY. 1. WHERE REQUIRED BY LAW FOR APPLICATION  FORMS  DESCRIBED  IN
 SUBPARAGRAPH  (VIII)  OF  PARAGRAPH  (A)  OF SUBDIVISION FIVE OF SECTION
 FORTY-THREE HUNDRED TEN OF THE PUBLIC HEALTH LAW, EVERY  LIBRARY,  OTHER
 THAN A SCHOOL LIBRARY, SHALL ENSURE THAT SPACE IS PROVIDED ON THE APPLI-
 CATION  FOR  A  LIBRARY  CARD  SO  THAT  THE APPLICANT SHALL REGISTER OR
 DECLINE REGISTRATION IN THE DONATE LIFE  REGISTRY  FOR  ORGAN,  EYE  AND
 TISSUE  DONATIONS  UNDER  SECTION  FORTY-THREE HUNDRED TEN OF THE PUBLIC
 HEALTH LAW AND THAT THE FOLLOWING IS 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  THE  QUES-
 TION'."
   2.  THE DEPARTMENT 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  QUES-
 TION"  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, EXCEPT  AS  OTHERWISE  PROVIDED  PURSUANT  TO  THE
 PROVISIONS  OF  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION FORTY-THREE
 HUNDRED ONE OF THE PUBLIC HEALTH LAW.
   3. WHERE AN APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE  AN  ANATOMICAL
 GIFT  OR  REGISTER IN THE DONATE LIFE REGISTRY, CHECKING "SKIP THE QUES-
 TION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR  REGIS-
 TRATION.
   4.  THE COMMISSIONER, IN COLLABORATION WITH THE COMMISSIONER OF HEALTH
 SHALL DEVELOP INSTRUCTIONAL TOOLS AND MATERIALS FOR LIBRARIES TO  ASSIST
 IN  THE EDUCATION OF ORGAN DONATION AND ENROLLMENT IN THE NEW YORK STATE
 DONATE LIFE REGISTRY. MATERIALS AND INSTRUCTIONAL TOOLS TO  ADVANCE  AND
 PROMOTE EDUCATION AWARENESS ON ORGAN DONATION SHALL BE MADE AVAILABLE TO
 LIBRARIES UPON REQUEST AT NO CHARGE.
   5. THE COMMISSIONER SHALL PROMULGATE REGULATIONS PURSUANT TO WHICH THE
 DEPARTMENT  MAY  PROVIDE  FINANCIAL ASSISTANCE TO LIBRARIES FOR UPDATING
 LIBRARY CARD APPLICATIONS UPON SHOWING THAT COSTS ASSOCIATED WITH UPDAT-
 ING APPLICATION FORMS IN COMPLIANCE WITH THIS  SECTION  WOULD  IMPOSE  A
 FINANCIAL HARDSHIP.
   § 5. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S1491A (ACTIVE) - Details

See Assembly Version of this Bill:: A5785
Law Section:: Public Health Law
Laws Affected:: Add §262-a, amd §§355 & 6206, Ed L; amd §4310, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S5283, A8116

2019-S1491A (ACTIVE) - Summary

Authorizes registration as an organ donor in the donate life registry on SUNY, CUNY and library card applications.

2019-S1491A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1491A

SPONSOR: JACOBS
 
TITLE OF BILL:  An act to amend the public health law and the educa-
tion law, in relation to registration in the donate life registry

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would increase the convenience for younger populations to
enroll in the Donate Life Registry, particularly targeting city resi-
dents who may not be predisposed to use the predominate methods of the
Department of Motor Vehicles or the Board of Elections.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - Amends the public health law by amending paragraph (a) of
subdivision 5 and subdivision 9 of section 4310, paragraph (a) of subdi-
vision 5 as separately amended by chapters 40 and 248 of the laws of
2016, and subdivision 9 as added by section 27 of part A of chapter 60
of the laws of 2014. Expanding the methods of enrollment for the donate
life registry, and including the SUNY board of trustees in the intera-

gency work group to enhance the donate life registry.

Section 2 - Amends the education law by adding a new section 209-b.
This provides for the SUNY trustees to include on a student's initial
registration form a question asking if the student wishes to register in
the New York State's Donate Life Registry. This section also stipulates
that records shall not be maintained for anyone who chooses to skip this
question.

Section 3 - amends the education law by adding a new section 262-a.
This provides for the SUNY trustees to include on all public library
applications, excepting school libraries, a question asking if the
applicant wishes to register in the New York State's Donate Life Regis-
try. This section also stipulates that records shall not be maintained
for anyone who chooses to skip this question.

Section 4 - Amends the public health law by amending paragraph (a) of
subdivision 5 of section 4310, as amended by section 27 of part A of
chapter 60 of the laws of 2014. Expanding the methods of enrollment for
the donate life registry.

Section 5 - Sets the effective date.

 
JUSTIFICATION:

According to reports, New York State adults register themselves as organ
donors at less than half the rate of adults nationwide, just 28 percent,
while the demand for organ transplants in New York is among the highest
in the country. Currently the only ways to enroll in the registry are
through the Department of Health, the Department of Motor Vehicles, and
the Board of Elections. Part of the problem with lack of enrollment lies
in the limited engagement with these departments amongst portions of the
population. People who live in New York City that don't drive have
almost no interaction with the DMV, while others who don't vote have no
interaction with the Board of Elections. The New York State library
system serves over 19 million people statewide, while SUNY serves 1.3
million and CUNY 500 thousand people annually. By expanding the opportu-

nity for people to enroll in the organ donor registry, the policy goal
is to increase the percentage enrolled.

 
PRIOR LEGISLATIVE HISTORY:

S.5283C (2017-18) Passed Senate

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1491A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1491--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. Subdivision 2, paragraph (a) of subdivision 5 and  subdivi-
 sion  9  of  section  4310  of  the  public health law, subdivision 2 as
 amended and subdivision 9 as added by section 27 of part A of chapter 60
 of the laws of 2014 and paragraph (a) of  subdivision  5  as  separately
 amended  by chapters 40 and 248 of the laws of 2016, are amended to read
 as follows:
   2. The commissioner may enter into a multi-year contract for the oper-
 ation and promotion of the donate life registry subject  to  such  terms
 and  conditions as may be contained within such contract with a not-for-
 profit organization that has experience  working  with  organ,  eye  and
 tissue procurement organizations, has expertise in conducting organ, eye
 and  tissue  donor  promotional  campaigns,  and  is affiliated with the
 organ, eye and tissue  donation  community  throughout  the  state.  The
 contractor  may  subcontract  as needed for the effective performance of
 the contract. All such subcontractors and the terms of such subcontracts
 shall be subject to approval by the commissioner. Any  applicable  state
 agency, including, but not limited to, the department, the department of
 motor vehicles, THE STATE UNIVERSITY OF NEW YORK, AND THE CITY UNIVERSI-
 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
 
 LIBRARIES WITHIN THE STATE, shall cooperate in the collection and trans-
 fer of registrant data to the donate life registry.
   (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 COMMON APPLICATION USED FOR ADMITTANCE TO ATTEND A
 CITY OR STATE UNIVERSITY OF NEW YORK  COLLEGE  PURSUANT  TO  SUBDIVISION
 TWENTY  OF  SECTION  THREE  HUNDRED  FIFTY-FIVE OR SUBDIVISION TWENTY OF
 SECTION SIXTY-TWO HUNDRED SIX OF THE EDUCATION  LAW;  (VIII)  INDICATION
 MADE  ON  THE  APPLICATION  FOR  A  LIBRARY CARD PURSUANT TO SECTION TWO
 HUNDRED SIXTY-TWO-A OF THE EDUCATION LAW,  OR  (IX)  through  any  other
 method identified 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  subpara-
 graphs (i), (ii), (iii), (iv), (v) [and], (vi), (VII) AND (VIII) of this
 paragraph.
   9.  An  interagency  work  group,  composed  of  the commissioner, the
 commissioner of the department of motor vehicles, a chair of  the  board
 of elections, A TRUSTEE OF THE STATE UNIVERSITY OF NEW YORK, A REPRESEN-
 TATIVE  OF  LIBRARIES  IN THE STATE OF NEW YORK, or their designees, and
 such other individuals as may be designated by the  commissioner,  shall
 be  established  to  meet  with the contractor annually and as needed to
 review the status of the donate life registry, to examine the steps that
 might be taken by state agencies to enhance its performance and to  make
 recommendations to the contractor.
   §  2.  Section  355  of  the  education law is amended by adding a new
 subdivision 20 to read as follows:
   20. A. THE STATE UNIVERSITY BOARD OF TRUSTEES SHALL  ENSURE  THAT  THE
 COMMON  APPLICATION  USED FOR ADMITTANCE TO ATTEND A STATE UNIVERSITY OF
 NEW YORK COLLEGE INCLUDES THE QUESTION, "WOULD YOU LIKE TO BE  ADDED  TO
 THE  DONATE  LIFE  REGISTRY?"  OR  "SKIP  THE  QUESTION",  WHICH MUST BE
 ANSWERED IN ORDER TO SUBMIT SUCH APPLICATION.
   B. THE TRUSTEES 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 QUES-
 TION" SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN THE  CASE
 OF  AN  APPLICANT  UNDER EIGHTEEN YEARS OF AGE, CHECKING "YES" SHALL NOT
 CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT  OR  REGISTRATION  IN  THE
 DONATE  LIFE  REGISTRY,  EXCEPT  AS  OTHERWISE  PROVIDED PURSUANT TO THE
 PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION ONE  OF  SECTION  FORTY-THREE
 HUNDRED ONE OF THE PUBLIC HEALTH LAW.
   C.  WHERE  AN APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL
 GIFT OR REGISTER IN THE DONATE LIFE REGISTRY, CHECKING "SKIP THIS  QUES-
 TION"  OR FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGIS-
 TRATION.
   § 3. Section 6206 of the education law is  amended  by  adding  a  new
 subdivision 20 to read as follows:

 S. 1491--A                          3
 
   20.  A.  THE  CITY  UNIVERSITY BOARD OF TRUSTEES SHALL ENSURE THAT THE
 COMMON APPLICATION USED FOR ADMITTANCE TO ATTEND A  CITY  UNIVERSITY  OF
 NEW  YORK  COLLEGE INCLUDES THE QUESTION, "WOULD YOU LIKE TO BE ADDED TO
 THE DONATE LIFE  REGISTRY?"  OR  "SKIP  THE  QUESTION",  WHICH  MUST  BE
 ANSWERED IN ORDER TO SUBMIT SUCH APPLICATION.
   B.  THE  CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES 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 EIGHTEEN
 YEARS OF AGE, CHECKING "YES" SHALL NOT CONSTITUTE  CONSENT  TO  MAKE  AN
 ANATOMICAL  GIFT  OR REGISTRATION IN THE DONATE LIFE REGISTRY, EXCEPT AS
 OTHERWISE PROVIDED PURSUANT TO THE PROVISIONS OF PARAGRAPH (B) OF SUBDI-
 VISION ONE OF SECTION FORTY-THREE HUNDRED ONE OF THE PUBLIC HEALTH LAW.
   C. WHERE AN APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE  AN  ANATOMICAL
 GIFT  OR REGISTER IN THE DONATE LIFE REGISTRY, CHECKING "SKIP THIS QUES-
 TION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR  REGIS-
 TRATION.
   §  4.  The  education  law is amended by adding a new section 262-a to
 read as follows:
   § 262-A. APPLICATION FOR LIBRARY CARD; REGISTRATION IN THE DONATE LIFE
 REGISTRY. 1. WHERE REQUIRED BY LAW FOR APPLICATION  FORMS  DESCRIBED  IN
 SUBPARAGRAPH  (VIII)  OF  PARAGRAPH  (A)  OF SUBDIVISION FIVE OF SECTION
 FORTY-THREE HUNDRED TEN OF THE PUBLIC HEALTH LAW, EVERY  LIBRARY,  OTHER
 THAN A SCHOOL LIBRARY, SHALL ENSURE THAT SPACE IS PROVIDED ON THE APPLI-
 CATION  FOR  A  LIBRARY  CARD  SO  THAT  THE APPLICANT SHALL REGISTER OR
 DECLINE REGISTRATION IN THE DONATE LIFE  REGISTRY  FOR  ORGAN,  EYE  AND
 TISSUE  DONATIONS  UNDER  SECTION  FORTY-THREE HUNDRED TEN OF THE PUBLIC
 HEALTH LAW AND THAT THE FOLLOWING IS 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  THE  QUES-
 TION'."
   2.  THE DEPARTMENT 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  QUES-
 TION"  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, EXCEPT  AS  OTHERWISE  PROVIDED  PURSUANT  TO  THE
 PROVISIONS  OF  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION FORTY-THREE
 HUNDRED ONE OF THE PUBLIC HEALTH LAW.
   3. WHERE AN APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE  AN  ANATOMICAL
 GIFT  OR  REGISTER IN THE DONATE LIFE REGISTRY, CHECKING "SKIP THE QUES-
 TION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR  REGIS-
 TRATION.
   4.  THE COMMISSIONER, IN COLLABORATION WITH THE COMMISSIONER OF HEALTH
 SHALL DEVELOP INSTRUCTIONAL TOOLS AND MATERIALS FOR LIBRARIES TO  ASSIST
 IN  THE EDUCATION OF ORGAN DONATION AND ENROLLMENT IN THE NEW YORK STATE
 DONATE LIFE REGISTRY. MATERIALS AND INSTRUCTIONAL TOOLS TO  ADVANCE  AND
 PROMOTE EDUCATION AWARENESS ON ORGAN DONATION SHALL BE MADE AVAILABLE TO
 LIBRARIES UPON REQUEST AT NO CHARGE.
   5. THE COMMISSIONER SHALL PROMULGATE REGULATIONS PURSUANT TO WHICH THE
 DEPARTMENT  MAY  PROVIDE  FINANCIAL ASSISTANCE TO LIBRARIES FOR UPDATING

 S. 1491--A                          4
 
 LIBRARY CARD APPLICATIONS UPON SHOWING THAT COSTS ASSOCIATED WITH UPDAT-
 ING APPLICATION FORMS IN COMPLIANCE WITH THIS  SECTION  WOULD  IMPOSE  A
 FINANCIAL HARDSHIP.
   § 5. This act shall take effect immediately.

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May 14, 2019 - Education Committee Vote

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