S T A T E O F N E W Y O R K
________________________________________________________________________
7890
I N S E N A T E
January 18, 2022
___________
Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public health law, in relation to providing for
donate life registration on electronic application forms administered
by the office of temporary and disability assistance, the higher
education services corporation, and on mandatory electronic tax
filings; and to amend a chapter of the laws of 2021, amending the
public health law relating to allowing donate life registration on
electronic application forms administered by the office of temporary
disability assistance, the higher education services corporation, and
on mandatory electronic tax filings, as proposed in legislative bills
numbers S. 5973 and A. 6392, in relation to the effectiveness thereof
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 amended by a chapter of the laws of 2021, amending
the public health law relating to allowing donate life registration on
electronic application forms administered by the office of temporary
disability assistance, the higher education services corporation, and on
mandatory electronic tax filings, as proposed in legislative bills
numbers S. 5973 and A. 6392, 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, or MANUAL renewal APPLICATION BY AN ACCOUNT HOLDER of, health
care coverage offered through the state health benefit exchange, (v)
enrollment through the donate life registry website, (vi) paper enroll-
ment submitted to the donate life registry, (vii) 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, (viii) indication made on transactions administered by
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09389-03-2
S. 7890 2
the office of temporary AND disability assistance through the mybene-
fits.ny.gov website, or any such successor website; (ix) indication made
on applications, renewals or related transactions for college financial
aid, grants, or scholarships offered or administered through any website
maintained by the higher education services corporation; OR (x) [indi-
cation made on any tax document that is subject to mandatory electronic
filing in accordance with the provisions of section twenty-nine of the
tax law; or (xi)] through any other method identified by the commission-
er. 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), (vi), (vii), (viii), (ix) and (x) of this paragraph.
§ 2. Subparagraph (i) of paragraph (b) of subdivision 5 of section
4310 of the public health law, as amended by a chapter of the laws of
2021, amending the public health law relating to allowing donate life
registration on electronic application forms administered by the office
of temporary disability assistance, the higher education services corpo-
ration, and on mandatory electronic tax filings, as proposed in legisla-
tive bills numbers S. 5973 and A. 6392, is amended to read as follows:
(i) Where required by law for transactions described in subparagraphs
(i), (ii) , (iv), (vii), (viii), (ix), AND (x) [and (xi)] of paragraph
(a) of this subdivision, the commissioner shall ensure, in consultation
with the head of any agency required to implement such transaction, that
space is provided on any required form so that the applicant shall
register or decline registration in the donate life registry for organ,
eye and tissue donations under this section and that the following is
stated on the form 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'."
§ 3. Section 3 of a chapter of the laws of 2021, amending the public
health law relating to allowing donate life registration on electronic
application forms administered by the office of temporary disability
assistance, the higher education services corporation, and on mandatory
electronic tax filings, as proposed in legislative bills numbers S. 5973
and A. 6392, is amended to read as follows:
§ 3. This act shall take effect [on the one hundred eightieth day] ONE
YEAR after it shall have become a law[; provided, however, that if chap-
ter 149 of the laws of 2020 shall not have taken effect on or before
such date then this act shall take effect on the same date and in the
same manner as such chapter of the laws of 2020, takes effect]. EFFEC-
TIVE IMMEDIATELY, THE ADDITION, AMENDMENT AND/OR REPEAL OF ANY RULE OR
REGULATION NECESSARY FOR THE IMPLEMENTATION OF THIS ACT ON ITS EFFECTIVE
DATE ARE AUTHORIZED TO BE MADE AND COMPLETED ON OR BEFORE SUCH EFFECTIVE
DATE.
§ 4. This act shall take effect immediately; provided, however,
sections one and two of this act shall take effect on the same date and
in the same manner as a chapter of the laws of 2021, amending the public
health law relating to allowing donate life registration on electronic
application forms administered by the office of temporary disability
assistance, the higher education services corporation, and on mandatory
electronic tax filings, as proposed in legislative bills numbers S. 5973
and A. 6392, takes effect.
