S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4471
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 12, 2019
                                ___________
 
 Introduced by Sen. ANTONACCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              
             
                          
                                                                            LBD10726-01-9
 S. 4471                             2
 
 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.
   §  3. 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.
   § 4. This act shall take effect immediately.