NY State Senate Bill 2023-S5469

Senate Bill S5469

2023-2024 Legislative Session

Requires election for registration for organ, eye and tissue donations to be included upon certain state forms; repealer

download bill text pdf

Current Bill Status - In Senate Committee Health 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Mar 06, 2023	referred to health

2023-S5469 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§4310 & 206, rpld §4310 sub 5 ¶¶(b) & (c), Pub Health L; amd §§3006 & 6501, Ed L; amd §651, Tax L; amd §401, V & T L; amd §§464 & 468-a, Judy L; add §91-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6022
2017-2018: S474
2019-2020: S6069
2021-2022: S3047

2023-S5469 (ACTIVE) - Summary

Requires that space be provided on applications for the practice of a profession or occupation, state income tax returns, and applications to register a motor vehicle, for the applicant to register in the "donate life registry" for organ, eye and tissue donation established pursuant to section 4310 of the public health law.

2023-S5469 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5469

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, the education law, the tax law,
the vehicle and traffic law, the judiciary law and the executive law, in
relation to requiring certain state forms and applications to include
space for registering in the "donate life registry" for organ, eye and
tissue donations; and to repeal certain provisions of the public health
law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires election for registration for organ, eye, and tissue donations
to be included upon certain state forms; repealer.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends paragraph (a) of subdivision 5 of Section 4310 of the
Public Health Law, as it relates to methods by which organ, eye, and
tissue registration to make an anatomical gifts can be made through, as

separately amended by chapters 37 of the laws of 2022, to allow for
registration of organ donors upon certain state forms.

Section 2 amends paragraph (a) of subdivision 5 of Section 4310 of the
Public Health Law, as it relates to methods by which organ, eye, and
tissue registration to make an anatomical gift can be made through, as
separately amended chapter 758 of the laws of 2022, to allow for regis-
tration of organ donors upon certain state forms.

Section 3 repeals paragraphs (b) and (c) of subdivision 5 of Section
4310 of the Public Health Law, as it relates to methods by which organ,
eye, and tissue registration to make an anatomical gift can be made
through, and adds a new paragraph regarding the means through which a
person may provide a signature on an enrollment form.

Section 4 amends paragraphs (d), (e), and (f) of subdivision 5 of
section 4310 of Public Health Law, as relettered paragraphs (c), (d),
and (e).

Section 5 amends subdivision 1 of Section 206 of the Public Health Law
by adding six new paragraphs, (w), (x), (y), (z), (aa), and (bb), to
authorize the commissioner of health to coordinate and consult with the
commissioners of pertinent departments to implement the provisions of
this legislation.

Section 6 amends Section 3006 of the Education Law, as it relates to the
commissioner of education issuing certifications and types of certif-
icates, by adding a new paragraph 4 to allow for the inclusion of space
for persons applying for teaching certifications to elect to register in
the "donate life registry."

Section 7 amends Section 6501 of the Education Law, as it relates to
admission to a profession (licensing), by adding a new subdivision 3 to
allow applicants for professional licenses issued by the Department of
Education to elect to register in the "donate life registry."


Section 8 amends Section 651 of the Tax Law, as it relates to returns
and liabilities, by adding a new subsection (a-1) to allow for the
inclusion on State tax forms of a checkbox allowing taxpayers to elect
to register in the "donate life registry."

Section 9 amends paragraph b of subdivision 1 of Section 401 of the
Vehicle and Traffic Law, as it relates to registration of motor vehi-
cles, to allow for the inclusion on each application for registration
and/or renewal of a motor vehicle of a checkbox allowing applicants to
elect to register in the "donate life registry."

Section 10 adds a new closing paragraph to Section 464 of the Judiciary
Law, as it relates to certification by the state board of successful
candidates, to allow for the inclusion on applications for admission to
the practice of law of a checkbox allowing applicants to elect to regis-
ter in the "donate life registry."

Section 11 amends Section 468-A of the Judiciary Law, as it relates to
biennial registration of attorneys, by adding a new subdivision 4-a to
allow for the inclusion of a space on biennial attorney registration
forms for the renewing attorney to elect to register in the "donate life
registry."

Section 12 adds a new Section 91-A to the Executive Law to include space
on applications for business licenses for applicants to elect to regis-
ter in the "donate life registry," for professions and/or occupations
licensed or registered by the Department of State.

Section 13 provides an effective date.

 
JUSTIFICATION:

More than 10,000 New Yorkers are in need of a life-saving organ trans-
plant at any given time, which represents the third-highest need for
donors in the United States. Over 1,600 people in New York State have
been on the waiting list for more than five years. In 2013 alone, nearly
600 New Yorkers died due to this severe shortage of donors.

This legislation takes a common sense approach to increasing opportu-
nities for New Yorkers to register as organ donors through the "donate
life registry." Whereas state government forms that present the public
with the option to register as a donor are currently limited to iden-
tification applications at the Department of Motor Vehicles, voter
registration forms, and standalone forms, much more can and should be
done to encourage registration. This bill mandates that additional
state-issued forms must provide New Yorkers with the opportunity to
register as an organ donor, including on:

* Applications for teaching certifications/licenses as issued by the New
York State Department of Education;

* Applications for professional licenses as issued by the New York State
Department of Education;

* New York State income tax forms;

* Applications for the registration and renewal of motor vehicles;

* Applications for admission to the practice of law;

* Biennial registration renewal forms, as filed by attorneys; and

* Applications to conduct a profession or occupation as licensed by the
New York Department of State.

 
PRIOR LEGISLATIVE HISTORY:

2015-2016: S6022A Peralta/A9101A Simotas

2017-2018: S474C Peralta/A2526B Simotas - Passed Senate 2017

2019-2020: S6069 Rivera /A971 Simotas

2021-2022: S3047 Rivera/No same as

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law, provided that the amendments
to subdivision 5 of section 4310 of the public health law, made by
section one of this act, shall not affect the expiration and reversion
of such subdivision pursuant to section 6 of chapter 465 of the laws of
2012, as amended, when upon such date section two of this act shall take
effect; provided further, sections two-a and two-b of this act shall
take effect on the same date as the amendments to subdivision 2 of
section 4310 of the public health law, made by chapter 465 of the laws
of 2012, as amended expire and are deemed repealed; provided, further,
that effective 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 and directed to be made and completed
on or before such an effective date.

2023-S5469 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5469
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, the education law, the  tax  law,
   the  vehicle and traffic law, the judiciary law and the executive law,
   in relation to requiring  certain  state  forms  and  applications  to
   include space for registering in the "donate life registry" for organ,
   eye  and  tissue  donations;  and  to repeal certain provisions of the
   public health law relating thereto
 
   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 chapter 37 of  the  laws  of  2022,  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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08084-01-3

 S. 5469                             2
 
 CATION MADE ON THE APPLICATION FOR A CERTIFICATE, LICENSE  OR  REGISTRA-
 TION  ISSUED  PURSUANT  TO  ARTICLE SIXTY-ONE OF THE EDUCATION LAW, (XI)
 INDICATION MADE ON THE APPLICATION TO PRACTICE A PROFESSION PURSUANT  TO
 TITLE  EIGHT  OF  THE EDUCATION LAW, (XII) INDICATION MADE ON A PERSONAL
 INCOME TAX RETURN, (XIII) INDICATION MADE ON THE APPLICATION FOR  REGIS-
 TRATION  OR RENEWAL THEREOF OF A MOTOR VEHICLE, (XIV) INDICATION MADE ON
 THE APPLICATION FOR ADMISSION TO PRACTICE OR ON A BIENNIAL  REGISTRATION
 FORM  PURSUANT TO SECTION FOUR HUNDRED SIXTY-FOUR OR FOUR HUNDRED SIXTY-
 EIGHT-A OF THE JUDICIARY LAW, (XV) INDICATION MADE ON THE APPLICATION TO
 CONDUCT A PROFESSION OR OCCUPATION WHICH IS LICENSED  OR  REGISTERED  BY
 THE DEPARTMENT OF STATE, OR (XVI) 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  subparagraphs  (i),  (ii),
 (iii),  (iv),  (v),  (vi),  (vii), (viii), (ix) [and], (x), (XI), (XII),
 (XIII), (XIV), (XV) AND (XVI) of this paragraph.
   § 2. Paragraph (a) of subdivision 5 of  section  4310  of  the  public
 health law, as amended by chapter 758 of the laws of 2022, 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
 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; (x)  indication
 made  by  eligible  individuals  during enrollments, renewals, and other
 related transactions for health insurance policies  covered  under  this
 article,  section  three  thousand  two hundred sixteen of the insurance
 law, or section three thousand two hundred twenty-one of  the  insurance
 law[;  or],  (xi)  INDICATION MADE ON THE APPLICATION FOR A CERTIFICATE,
 LICENSE OR REGISTRATION ISSUED PURSUANT  TO  ARTICLE  SIXTY-ONE  OF  THE
 EDUCATION  LAW,  (XII)  INDICATION MADE ON THE APPLICATION TO PRACTICE A
 PROFESSION PURSUANT TO TITLE EIGHT OF THE EDUCATION  LAW,  (XIII)  INDI-
 CATION  MADE  ON  A PERSONAL INCOME TAX RETURN, (XIV) INDICATION MADE ON
 THE APPLICATION FOR REGISTRATION OR RENEWAL THEREOF OF A MOTOR  VEHICLE,
 (XV)  INDICATION MADE ON THE APPLICATION FOR ADMISSION TO PRACTICE OR ON
 A BIENNIAL REGISTRATION FORM PURSUANT TO SECTION FOUR HUNDRED SIXTY-FOUR
 OR FOUR HUNDRED SIXTY-EIGHT-A OF THE  JUDICIARY  LAW,  (XVI)  INDICATION
 MADE  ON  THE APPLICATION TO CONDUCT A PROFESSION OR OCCUPATION WHICH IS
 LICENSED OR REGISTERED BY THE DEPARTMENT OF STATE, OR (XVII) through any
 other method identified by the commissioner. The department shall estab-
 lish 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
 S. 5469                             3
 
 shall make registration available by any  of  the  methods  provided  in
 subparagraphs  (i),  (ii),  (iii), (iv), (v), (vi), (vii), (viii), (ix),
 (x) [and], (xi), (XII), (XIII), (XIV), (XV), (XVI) AND  (XVII)  of  this
 paragraph.
   §  3.  Paragraphs  (b) and (c) of subdivision 5 of section 4310 of the
 public health law are REPEALED and a new paragraph (b) is added to  read
 as follows:
   (B)  ENROLLMENT  OR  AMENDMENT  OR  REVOCATION THROUGH THE DONATE LIFE
 REGISTRY WEBSITE THROUGH ANY OF THE MEANS LISTED IN THIS SUBDIVISION MAY
 BE SIGNED BY ELECTRONIC SIGNATURE, IN ACCORDANCE WITH THE PROVISIONS  OF
 ARTICLE THREE OF THE STATE TECHNOLOGY LAW, SUPPORTED BY THE USE OF SUIT-
 ABLE  MECHANISMS  INCLUDING  UNIQUE IDENTIFIERS TO PROVIDE CONFIDENCE IN
 THE IDENTITY OF THE  PERSON  PROVIDING  THE  ELECTRONIC  SIGNATURE.  THE
 REGISTRATION  SHALL  TAKE  EFFECT UPON THE PROVISION OF WRITTEN OR ELEC-
 TRONIC NOTICE OF THE REGISTRATION TO THE  INDIVIDUAL  ENROLLING  IN  THE
 DONATE LIFE REGISTRY.
   §  4.  Paragraphs (d), (e) and (f) of subdivision 5 of section 4310 of
 the public health law are relettered paragraphs (c), (d) and (e).
   § 5. Subdivision 1 of section 206 of the public health law is  amended
 by  adding  six new paragraphs (w), (x), (y), (z), (aa) and (bb) to read
 as follows:
   (W) REQUIRE, IN CONSULTATION AND COOPERATION WITH THE COMMISSIONER  OF
 EDUCATION,  THAT EVERY INDIVIDUAL APPLYING FOR A CERTIFICATE, LICENSE OR
 REGISTRATION ISSUED PURSUANT TO ARTICLE SIXTY-ONE OF THE EDUCATION  LAW,
 BE  PROVIDED  SPACE  SO  THAT SUCH APPLICANT MAY REGISTER IN THE "DONATE
 LIFE REGISTRY" FOR ORGAN, EYE AND TISSUE DONATIONS UNDER SECTION  FORTY-
 THREE  HUNDRED  TEN  OF  THIS CHAPTER WITH THE FOLLOWING STATED IN CLEAR
 CONSPICUOUS TYPE: "WOULD YOU LIKE TO BE ADDED TO THE DONATE LIFE  REGIS-
 TRY?    CHECK  BOX  FOR 'YES' OR 'SKIP THIS QUESTION'". THE COMMISSIONER
 SHALL NOT MAINTAIN RECORDS OF ANY PERSON WHO  CHECKS  "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,
 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 CONSTITUTE 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 REGISTERED IN THE DONATE LIFE REGISTRY, CHECKING "SKIP THIS QUESTION"
 OR FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION.
   (X) REQUIRE, IN CONSULTATION AND COOPERATION WITH THE COMMISSIONER  OF
 EDUCATION,  THAT  EVERY  INDIVIDUAL  APPLYING  TO  PRACTICE A PROFESSION
 PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW, BE PROVIDED SPACE SO  THAT
 SUCH APPLICANT MAY REGISTER IN THE "DONATE LIFE REGISTRY" FOR ORGAN, EYE
 AND TISSUE DONATIONS UNDER SECTION FORTY-THREE HUNDRED TEN OF THIS CHAP-
 TER WITH THE FOLLOWING STATED IN CLEAR CONSPICUOUS TYPE: "WOULD YOU LIKE
 TO  BE  ADDED  TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP
 THIS QUESTION'". THE COMMISSIONER 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 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 CONSTITUTE 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 REGISTERED IN THE
 S. 5469                             4
 
 DONATE LIFE REGISTRY, CHECKING "SKIP THIS QUESTION" OR FAILING TO  CHECK
 A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION.
   (Y)  REQUIRE,  IN  CONSULTATION AND COOPERATION WITH THE DEPARTMENT OF
 TAXATION AND FINANCE, THAT EVERY INDIVIDUAL FILING A PERSONAL INCOME TAX
 RETURN BE PROVIDED SPACE SO THAT SUCH  APPLICANT  MAY  REGISTER  IN  THE
 "DONATE LIFE REGISTRY" FOR ORGAN, EYE AND TISSUE DONATIONS UNDER SECTION
 FORTY-THREE  HUNDRED  TEN  OF  THIS CHAPTER WITH THE FOLLOWING STATED IN
 CLEAR CONSPICUOUS TYPE: "WOULD YOU LIKE TO BE ADDED TO THE  DONATE  LIFE
 REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'". THE COMMISSIONER
 SHALL  NOT  MAINTAIN  RECORDS  OF ANY PERSON WHO CHECKS "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,
 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 CONSTITUTE  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 REGISTERED IN THE DONATE LIFE REGISTRY, CHECKING "SKIP THIS QUESTION"
 OR FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION.
   (Z)  REQUIRE, IN CONSULTATION AND COOPERATION WITH THE COMMISSIONER OF
 MOTOR VEHICLES, THAT EVERY INDIVIDUAL APPLYING  FOR  A  REGISTRATION  OR
 RENEWAL THEREOF OF A MOTOR VEHICLE BE PROVIDED SPACE SO THAT SUCH APPLI-
 CANT  MAY  REGISTER  IN  THE  "DONATE  LIFE REGISTRY" FOR ORGAN, EYE AND
 TISSUE DONATIONS UNDER SECTION FORTY-THREE HUNDRED TEN OF  THIS  CHAPTER
 WITH  THE FOLLOWING STATED IN CLEAR CONSPICUOUS TYPE: "WOULD YOU LIKE TO
 BE ADDED TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP  THIS
 QUESTION'".  THE  COMMISSIONER  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  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 CONSTITUTE 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 REGISTERED IN THE  DONATE  LIFE  REGISTRY,
 CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR
 THAT CONSENT OR REGISTRATION.
   (AA)  REQUIRE, IN CONSULTATION AND COOPERATION WITH THE STATE BOARD OF
 LAW EXAMINERS, THAT EVERY INDIVIDUAL APPLYING FOR ADMISSION TO  PRACTICE
 OR  ON  A  BIENNIAL  REGISTRATION  FORM PURSUANT TO SECTION FOUR HUNDRED
 SIXTY-FOUR OR FOUR  HUNDRED  SIXTY-EIGHT-A  OF  THE  JUDICIARY  LAW,  BE
 PROVIDED  SPACE  SO THAT SUCH APPLICANT MAY REGISTER IN THE "DONATE LIFE
 REGISTRY" FOR ORGAN, EYE AND TISSUE DONATIONS UNDER SECTION  FORTY-THREE
 HUNDRED TEN OF THIS CHAPTER WITH THE FOLLOWING STATED IN CLEAR CONSPICU-
 OUS TYPE: "WOULD YOU LIKE TO BE ADDED TO THE DONATE LIFE REGISTRY? CHECK
 BOX FOR 'YES' OR 'SKIP THIS QUESTION'". THE COMMISSIONER 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  SIXTEEN
 YEARS  OF  AGE,  CHECKING  "YES" SHALL NOT CONSTITUTE 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 REGIS-
 TERED IN THE DONATE LIFE REGISTRY,  CHECKING  "SKIP  THIS  QUESTION"  OR
 FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION.
 S. 5469                             5
 
   (BB)  REQUIRE,  IN  CONSULTATION AND COOPERATION WITH THE SECRETARY OF
 STATE, THAT EVERY INDIVIDUAL APPLYING TO CONDUCT A PROFESSION OR OCCUPA-
 TION WHICH IS LICENSED OR REGISTERED  BY  THE  DEPARTMENT  OF  STATE  BE
 PROVIDED  SPACE  SO THAT SUCH APPLICANT MAY REGISTER IN THE "DONATE LIFE
 REGISTRY"  FOR ORGAN, EYE AND TISSUE DONATIONS UNDER SECTION FORTY-THREE
 HUNDRED TEN OF THIS CHAPTER WITH THE FOLLOWING STATED IN CLEAR CONSPICU-
 OUS TYPE: "WOULD YOU LIKE TO BE ADDED TO THE DONATE LIFE REGISTRY? CHECK
 BOX FOR 'YES' OR 'SKIP THIS QUESTION'". THE COMMISSIONER 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 SIXTEEN
 YEARS OF AGE, CHECKING "YES" SHALL NOT CONSTITUTE  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  REGIS-
 TERED  IN  THE  DONATE  LIFE  REGISTRY, CHECKING "SKIP THIS QUESTION" OR
 FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION.
   § 6. Section 3006 of the education law is  amended  by  adding  a  new
 subdivision 4 to read as follows:
   4.  ORGAN, EYE AND TISSUE DONATION.  THE COMMISSIONER SHALL PROVIDE ON
 EACH APPLICATION FOR  A  CERTIFICATE,  LICENSE  OR  REGISTRATION  ISSUED
 PURSUANT TO THIS ARTICLE, AND EACH RENEWAL THEREOF, SPACE FOR THE APPLI-
 CANT 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: "WOULD YOU LIKE TO BE ADDED  TO  THE  DONATE  LIFE
 REGISTRY?    CHECK  BOX  FOR 'YES' OR 'SKIP THIS QUESTION'". THE REGENTS
 SHALL NOT MAINTAIN RECORDS OF ANY PERSON WHO  CHECKS  "SKIP  THIS  QUES-
 TION". 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 CONSTITUTE  CONSENT
 TO  MAKE AN ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE REGISTRY.
 PROVIDED, THAT WHERE AN APPLICANT HAS PREVIOUSLY CONSENTED  TO  MAKE  AN
 ANATOMICAL  GIFT OR REGISTERED IN THE "DONATE LIFE REGISTRY", FAILING TO
 CHECK A BOX SHALL NOT IMPAIR SUCH CONSENT OR REGISTRATION.
   § 7. Section 6501 of the education law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  THE  REGENTS  SHALL  PROVIDE,  ON  EACH  APPLICATION TO PRACTICE A
 PROFESSION PURSUANT TO THIS TITLE AND EACH APPLICATION FOR RENEWAL OF  A
 LICENSE,  REGISTRATION  OR  CERTIFICATION TO PRACTICE SUCH A PROFESSION,
 SPACE FOR THE APPLICANT TO REGISTER IN THE  "DONATE  LIFE  REGISTRY"  OF
 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:  "WOULD YOU LIKE TO BE
 ADDED TO THE DONATE LIFE REGISTRY? CHECK BOX FOR  'YES'  OR  'SKIP  THIS
 QUESTION'".    THE  REGENTS SHALL NOT MAINTAIN RECORDS OF ANY PERSON WHO
 CHECKS "SKIP THIS QUESTION". 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 CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT OR REGISTRATION
 IN THE DONATE LIFE REGISTRY.  PROVIDED,  THAT  WHERE  AN  APPLICANT  HAS
 PREVIOUSLY  CONSENTED  TO  MAKE  AN ANATOMICAL GIFT OR REGISTERED IN THE
 "DONATE LIFE REGISTRY", FAILING TO CHECK A BOX  SHALL  NOT  IMPAIR  SUCH
 CONSENT OR REGISTRATION.
 S. 5469                             6
 
   §  8. Section 651 of the tax law is amended by adding a new subsection
 (a-1) to read as follows:
   (A-1)  ORGAN, EYE AND TISSUE DONATION.  THE COMMISSIONER SHALL PROVIDE
 ON EACH RETURN SPACE FOR THE TAXPAYER OR TAXPAYERS 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: "WOULD YOU LIKE TO BE ADDED TO THE DONATE LIFE REGISTRY? CHECK BOX
 FOR 'YES' OR 'SKIP THIS QUESTION'". THE COMMISSIONER SHALL NOT  MAINTAIN
 RECORDS  OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". 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 CONSTITUTE CONSENT TO MAKE AN ANATOMICAL
 GIFT OR REGISTRATION IN THE DONATE LIFE REGISTRY. PROVIDED, THAT WHERE A
 TAXPAYER HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT  OR  REGIS-
 TERED  IN  THE  "DONATE LIFE REGISTRY", FAILING TO CHECK A BOX SHALL NOT
 IMPAIR SUCH CONSENT OR REGISTRATION.
   § 9. Paragraph b of subdivision 1 of section 401 of  the  vehicle  and
 traffic  law  is  amended  by  adding a new closing paragraph to read as
 follows:
   THE COMMISSIONER SHALL PROVIDE ON EACH  APPLICATION  FOR  REGISTRATION
 AND RENEWAL THEREOF SPACE FOR THE MOTOR VEHICLE OWNER 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: "WOULD YOU LIKE TO BE ADDED TO THE DONATE LIFE REGISTRY? CHECK BOX
 FOR 'YES' OR 'SKIP THIS QUESTION'". THE COMMISSIONER SHALL NOT  MAINTAIN
 RECORDS  OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". 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 CONSTITUTE CONSENT TO MAKE AN ANATOMICAL
 GIFT OR REGISTRATION IN THE DONATE LIFE REGISTRY. PROVIDED, THAT WHERE A
 MOTOR VEHICLE OWNER HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL  GIFT
 OR  REGISTERED  IN  THE  "DONATE  LIFE REGISTRY", FAILING TO CHECK A BOX
 SHALL NOT IMPAIR SUCH CONSENT OR REGISTRATION.
   § 10. Section 464 of the judiciary law is  amended  by  adding  a  new
 closing paragraph to read as follows:
   THE  CHIEF  ADMINISTRATOR OF THE COURTS SHALL PROVIDE ON EACH APPLICA-
 TION FOR ADMISSION TO PRACTICE, SPACE FOR THE APPLICANT TO  REGISTER  IN
 THE  "DONATE  LIFE  REGISTRY" FOR ORGAN, EYE AND TISSUE DONATIONS ESTAB-
 LISHED PURSUANT TO SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC  HEALTH
 LAW  WITH THE FOLLOWING STATED ON THE APPLICATION IN CLEAR AND CONSPICU-
 OUS TYPE: "WOULD YOU LIKE TO BE ADDED TO THE DONATE LIFE REGISTRY? CHECK
 BOX FOR 'YES' OR 'SKIP THIS QUESTION'". THE CHIEF ADMINISTRATOR  OF  THE
 COURTS  SHALL  NOT  MAINTAIN RECORDS OF ANY PERSON WHO CHECKS "SKIP THIS
 QUESTION".   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.  PROVIDED,  THAT  WHERE  AN  APPLICANT  HAS   PREVIOUSLY
 CONSENTED  TO  MAKE AN ANATOMICAL GIFT OR REGISTERED IN THE "DONATE LIFE
 REGISTRY", FAILING TO CHECK A BOX  SHALL  NOT  IMPAIR  SUCH  CONSENT  OR
 REGISTRATION.
   §  11.  Section  468-a of the judiciary law is amended by adding a new
 subdivision 4-a to read as follows:
 S. 5469                             7
 
   4-A. THE CHIEF ADMINISTRATOR SHALL PROVIDE ON EACH BIENNIAL  REGISTRA-
 TION  FORM SPACE FOR THE ATTORNEY TO REGISTER IN THE "DONATE LIFE REGIS-
 TRY" 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: "WOULD YOU LIKE
 TO  BE  ADDED  TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP
 THIS QUESTION'". THE CHIEF ADMINISTRATOR SHALL NOT MAINTAIN  RECORDS  OF
 ANY  PERSON  WHO  CHECKS "SKIP THIS QUESTION". 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 CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT
 OR REGISTRATION IN THE DONATE LIFE REGISTRY.  PROVIDED,  THAT  WHERE  AN
 ATTORNEY  HAS  PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS-
 TERED IN THE "DONATE LIFE REGISTRY", FAILING TO CHECK A  BOX  SHALL  NOT
 IMPAIR SUCH CONSENT OR REGISTRATION.
   §  12.  The  executive  law is amended by adding a new section 91-a to
 read as follows:
   § 91-A. ORGAN, EYE AND TISSUE DONATION.  THE SECRETARY  SHALL  PROVIDE
 ON  EACH  APPLICATION  TO  CONDUCT  A  PROFESSION OR OCCUPATION WHICH IS
 LICENSED OR REGISTERED BY THE  DEPARTMENT,  AND  EACH  RENEWAL  THEREOF,
 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:   "WOULD YOU LIKE  TO  BE
 ADDED  TO  THE  DONATE  LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS
 QUESTION'".  THE SECRETARY SHALL NOT MAINTAIN RECORDS OF ANY PERSON  WHO
 CHECKS  "SKIP  THIS  QUESTION". 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 CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT OR  REGISTRATION
 IN  THE  DONATE  LIFE  REGISTRY.  PROVIDED,  THAT WHERE AN APPLICANT HAS
 PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT  OR  REGISTERED  IN  THE
 "DONATE  LIFE  REGISTRY",  FAILING  TO CHECK A BOX SHALL NOT IMPAIR SUCH
 CONSENT OR REGISTRATION.
   § 13. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become  a  law;  provided,  however,
 that  if  chapter 758 of the laws of 2022 shall not have taken effect on
 or before such date, then section two of this act shall take  effect  on
 the same date and in the same manner as such chapter of the laws of 2022
 takes  effect.  Effective  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.

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