Add §50-d, Civ Serv L; add §596-a, Lab L; 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
Requires that space be provided on applications for a civil service examination, claims for unemployment benefits, 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3516
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the civil service law, the labor law, 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 on various state forms
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new section 50-d to the civil service law which
requires all applications issued under the department of civil service
and municipal commissions to include a space for the applicant to regis-
ter in the "donate life registry."
Section 2 adds a new section 596-a to the labor law which requires all
unemployment insurance claim registration documents to include a space
for the claimant to register in the "donate life registry".
Section 3 amends paragraph (a) of subdivision 5 of section 4310 of the
public health law to allow for the election of registry in the "donate
life registry" through certain state forms
Section 4 repeals paragraphs (b) and (c) of subdivision 5 of section
4310 of the public health law and adds a new paragraph (b) which allows
for registry in the "donate life registry" through the donate life
website and electronic signature authorization.
Section 5 re-letters paragraphs (d), (e), and (f) of subdivision 5 of
section 4310 of the public health law to paragraphs (c), (d), and (e).
Section 6 adds paragraphs (w), (x), (y), (z), (aa), (bb), (cc), and (dd)
to subdivision 1 of section 206 of the public health law to set forth
guidelines relating thereto and require the cooperation of executive
departments of state.
Section 7 adds subdivision 4 Section 3006 of the Education Law to allow
for the inclusion of space for persons applying for teaching certif-
ications to register in the "donate life registry."
Section 8 adds subdivision 3 to Section 6501 of the Education Law to
allow applicants for professional licenses issued by the Department of
Education to elect to register in the "donate life registry."
Section 9 adds subsection (a-1) to Section 651 of the Tax Law to allow
for the inclusion on State tax forms of a checkbox allowing taxpayers to
elect to register in the "donate life registry."
Section 10 adds a closing paragraph to paragraph (b) of subdivision 1 of
Section 401 of the Vehicle and Traffic Law 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 11 adds a closing paragraph to Section 464 of the Judiciary Law
by allowing for the inclusion of space 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 12 adds subdivision 4-a to Section 468-A of the Judiciary Law by
allowing 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 13 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 14 sets forth the effective date.
JUSTIFICATION:
New York State is ranked 3rd among states which hold the highest need
for organ, tissue and eye transplants. At present, nearly 9,500 individ-
uals are in need of an organ transplant. 1,700 of these individuals have
been on a waiting list for longer than 5 years. Last year more than 400
individuals died because they weren't able to receive a transplant in
time.
Under this legislation, more New Yorkers would be presented with the
option of being listed on the Donate Life Registry. While there has been
significant progress in increasing donor-ship, opt-in elections are
currently limited to (1) driver's license or non-driver ID applications
and renewal forms, (2) voter registration forms, (3) NY State of Health
applications for coverage, (4) enrollment through the Donate Life Regis-
try website and (5) paper enrollment forms submitted to the Donate Life
Registry. This legislation would greatly expand the number of ways New
Yorkers can elect to be organ donors by adding:
*Applications for examinations administered by the New York State
Department of Civil Service and the municipal civil service commissions;
*Application for unemployment insurance benefits as administered by the
New York State Department of Labor;
*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:
2021-22: A.2159 Reported to Rules
2019-20: A.2882 Health
2017-18: A.10597 - Health / S.8509 - Reported to Health
FISCAL IMPLICATIONS:
Undetermined.
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, however, that
section three-a of this act shall take effect on the same date and in
the same manner as chapter 149 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 and directed to be made and completed on or before
such effective date.
STATE OF NEW YORK
________________________________________________________________________
3516
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Health
AN ACT to amend the civil service law, the labor law, 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:
1 Section 1. The civil service law is amended by adding a new section
2 50-d to read as follows:
3 § 50-d. Organ, eye and tissue donation. The civil service department
4 and municipal commissions shall provide on each application provided
5 pursuant to section fifty of this title space for the applicant to
6 register in the "donate life registry" for organ, eye and tissue
7 donations established pursuant to section forty-three hundred ten of the
8 public health law with the following stated on the application in clear
9 and conspicuous type: "Would you like to be added to the Donate Life
10 Registry? Check box for 'yes' or 'skip this question'". Neither the
11 civil service department nor municipal commissions shall maintain
12 records of any person who checks "skip this question". Failure to check
13 "yes" or checking "skip this question" shall not be construed to imply a
14 wish not to donate. In the case of an applicant under sixteen years of
15 age, checking "yes" shall not constitute consent to make an anatomical
16 gift or registration in the donate life registry. Provided, that where
17 an applicant has previously consented to make an anatomical gift or
18 registered in the "donate life registry", failing to check a box shall
19 not impair such consent or registration.
20 § 2. The labor law is amended by adding a new section 596-a to read as
21 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06846-01-3
A. 3516 2
1 § 596-a. Organ, eye and tissue donation. The commissioner shall
2 provide on each claim for benefits made pursuant to section five hundred
3 ninety-six of this title space for the claimant to register in the
4 "donate life registry" for organ, eye and tissue donations established
5 pursuant to section forty-three hundred ten of the public health law
6 with the following stated on the application in clear and conspicuous
7 type: "Would you like to be added to the Donate Life Registry? Check
8 box for 'yes' or 'skip this question'". The commissioner shall not main-
9 tain records of any person who checks "skip this question". Failure to
10 check "yes" or checking "skip this question" shall not be construed to
11 imply a wish not to donate. In the case of an applicant under sixteen
12 years of age, checking "yes" shall not constitute consent to make an
13 anatomical gift or registration in the donate life registry. Provided,
14 that where a claimant has previously consented to make an anatomical
15 gift or registered in the "donate life registry", failing to check a box
16 shall not impair such consent or registration.
17 § 3. Paragraph (a) of subdivision 5 of section 4310 of the public
18 health law, as amended by chapter 758 of the laws of 2022, is amended to
19 read as follows:
20 (a) Such organ, eye and tissue registration of consent to make an
21 anatomical gift can be made through: (i) indication made on the applica-
22 tion or renewal form of a driver's license, (ii) indication made on a
23 non-driver identification card application or renewal form, (iii) indi-
24 cation made on a voter registration form pursuant to subdivision five of
25 section 5-210 of the election law, (iv) indication made on the applica-
26 tion for, or manual renewal application by an account holder of, health
27 care coverage offered through the state health benefit exchange, (v)
28 enrollment through the donate life registry website, (vi) paper enroll-
29 ment submitted to the donate life registry, (vii) indication made on the
30 application or renewal form of a hunting, fishing or trapping license
31 issued pursuant to title seven of article eleven of the environmental
32 conservation law, (viii) indication made on transactions administered by
33 the office of temporary and disability assistance through the mybene-
34 fits.ny.gov website, or any such successor website; (ix) indication made
35 on applications, renewals or related transactions for college financial
36 aid, grants, or scholarships offered or administered through any website
37 maintained by the higher education services corporation; (x) indication
38 made by eligible individuals during enrollments, renewals, and other
39 related transactions for health insurance policies covered under this
40 article, section three thousand two hundred sixteen of the insurance
41 law, or section three thousand two hundred twenty-one of the insurance
42 law; [or] (xi) indication made on an application for a civil service
43 examination pursuant to section fifty of the civil service law, (xii)
44 indication made on a claim for unemployment benefits made pursuant to
45 section five hundred ninety-six of the labor law, (xiii) indication made
46 on an application for a certificate, license or registration issued
47 pursuant to article sixty-one of the education law, (xiv) indication
48 made on an application to practice a profession pursuant to title eight
49 of the education law, (xv) indication made on a personal income tax
50 return, (xvi) indication made on an application for registration or
51 renewal thereof of a motor vehicle, (xvii) indication made on an appli-
52 cation for admission to practice or on a biennial registration form
53 pursuant to section four hundred sixty-four or four hundred
54 sixty-eight-a of the judiciary law, (xviii) indication made on an appli-
55 cation to conduct a profession or occupation which is licensed or regis-
56 tered by the department of state, or (xix) through any other method
A. 3516 3
1 identified by the commissioner. The department shall establish a means
2 by which to register the consent given by individuals who are sixteen or
3 seventeen years of age in the donate life registry, and shall make
4 registration available by any of the methods provided in subparagraphs
5 (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x) [and], (xi),
6 (xii), (xiii), (xiv), (xv), (xvi), (xvii), (xviii) and (xix) of this
7 paragraph.
8 § 4. Paragraphs (b) and (c) of subdivision 5 of section 4310 of the
9 public health law are REPEALED and a new paragraph (b) is added to read
10 as follows:
11 (b) Enrollment or amendment or revocation through the donate life
12 registry website through any of the means listed in this subdivision may
13 be signed by electronic signature, in accordance with the provisions of
14 article three of the state technology law, supported by the use of suit-
15 able mechanisms including unique identifiers to provide confidence in
16 the identity of the person providing the electronic signature. The
17 registration shall take effect upon the provision of written or elec-
18 tronic notice of the registration to the individual enrolling in the
19 donate life registry.
20 § 5. Paragraphs (d), (e) and (f) of subdivision 5 of section 4310 of
21 the public health law are relettered paragraphs (c), (d) and (e).
22 § 6. Subdivision 1 of section 206 of the public health law is amended
23 by adding eight new paragraphs (w), (x), (y), (z), (aa), (bb), (cc) and
24 (dd) to read as follows:
25 (w) require, in consultation and cooperation with the civil service
26 department and municipal commissions, that every individual applying for
27 a civil service examination be provided space so that such applicant may
28 register in the "donate life registry" for organ, eye and tissue
29 donations under section forty-three hundred ten of this chapter with the
30 following stated in clear conspicuous type: "Would you like to be added
31 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
32 tion'". Neither the civil service department nor municipal commissions
33 shall maintain records of any person who checks "skip this question".
34 Except where the application is made in person or electronically, fail-
35 ure to check a box shall not impair the validity of an application, and
36 failure to check "yes" or checking "skip this question" shall not be
37 construed to imply a wish not to donate. In the case of an applicant
38 under sixteen years of age, checking "yes" shall not constitute consent
39 to make an anatomical gift or registration in the donate life registry.
40 Where an applicant has previously consented to make an anatomical gift
41 or registered in the donate life registry, checking "skip this question"
42 or failing to check a box shall not impair that consent or registration.
43 (x) require, in consultation and cooperation with the commissioner of
44 the department of labor, that every individual filing a claim for unem-
45 ployment benefits be provided space so that such applicant may register
46 in the "donate life registry" for organ, eye and tissue donations under
47 section forty-three hundred ten of this chapter with the following stat-
48 ed in clear conspicuous type: "Would you like to be added to the Donate
49 Life Registry? Check box for 'yes' or 'skip this question'". The commis-
50 sioner shall not maintain records of any person who checks "skip this
51 question". Except where the claim for benefits is made in person or
52 electronically, failure to check a box shall not impair the validity of
53 an application, and failure to check "yes" or checking "skip this ques-
54 tion" shall not be construed to imply a wish not to donate. In the case
55 of a claimant under sixteen years of age, checking "yes" shall not
56 constitute consent to make an anatomical gift or registration in the
A. 3516 4
1 donate life registry. Where a claimant has previously consented to make
2 an anatomical gift or registered in the donate life registry, checking
3 "skip this question" or failing to check a box shall not impair that
4 consent or registration.
5 (y) require, in consultation and cooperation with the commissioner of
6 education, that every individual applying for a certificate, license or
7 registration issued pursuant to article sixty-one of the education law,
8 be provided space so that such applicant may register in the "donate
9 life registry" for organ, eye and tissue donations under section forty-
10 three hundred ten of this chapter with the following stated in clear
11 conspicuous type: "Would you like to be added to the Donate Life Regis-
12 try? Check box for 'yes' or 'skip this question'". The commissioner
13 shall not maintain records of any person who checks "skip this ques-
14 tion". Except where the application is made in person or electronically,
15 failure to check a box shall not impair the validity of an application,
16 and failure to check "yes" or checking "skip this question" shall not be
17 construed to imply a wish not to donate. In the case of an applicant
18 under sixteen years of age, checking "yes" shall not constitute consent
19 to make an anatomical gift or registration in the donate life registry.
20 Where an applicant has previously consented to make an anatomical gift
21 or registered in the donate life registry, checking "skip this question"
22 or failing to check a box shall not impair that consent or registration.
23 (z) require, in consultation and cooperation with the commissioner of
24 education, that every individual applying to practice a profession
25 pursuant to title eight of the education law, be provided space so that
26 such applicant may register in the "donate life registry" for organ, eye
27 and tissue donations under section forty-three hundred ten of this chap-
28 ter with the following stated in clear conspicuous type: "Would you like
29 to be added to the Donate Life Registry? Check box for 'yes' or 'skip
30 this question'". The commissioner shall not maintain records of any
31 person who checks "skip this question". Except where the application is
32 made in person or electronically, failure to check a box shall not
33 impair the validity of an application, and failure to check "yes" or
34 checking "skip this question" shall not be construed to imply a wish not
35 to donate. In the case of an applicant under sixteen years of age,
36 checking "yes" shall not constitute consent to make an anatomical gift
37 or registration in the donate life registry. Where an applicant has
38 previously consented to make an anatomical gift or registered in the
39 donate life registry, checking "skip this question" or failing to check
40 a box shall not impair that consent or registration.
41 (aa) require, in consultation and cooperation with the department of
42 taxation and finance, that every individual filing a personal income tax
43 return be provided space so that such applicant may register in the
44 "donate life registry" for organ, eye and tissue donations under section
45 forty-three hundred ten of this chapter with the following stated in
46 clear conspicuous type: "Would you like to be added to the Donate Life
47 Registry? Check box for 'yes' or 'skip this question'". The commissioner
48 shall not maintain records of any person who checks "skip this ques-
49 tion". Except where the application is made in person or electronically,
50 failure to check a box shall not impair the validity of an application,
51 and failure to check "yes" or checking "skip this question" shall not be
52 construed to imply a wish not to donate. In the case of an applicant
53 under sixteen years of age, checking "yes" shall not constitute consent
54 to make an anatomical gift or registration in the donate life registry.
55 Where an applicant has previously consented to make an anatomical gift
A. 3516 5
1 or registered in the donate life registry, checking "skip this question"
2 or failing to check a box shall not impair that consent or registration.
3 (bb) require, in consultation and cooperation with the commissioner of
4 motor vehicles, that every individual applying for a registration or
5 renewal thereof of a motor vehicle be provided space so that such appli-
6 cant may register in the "donate life registry" for organ, eye and
7 tissue donations under section forty-three hundred ten of this chapter
8 with the following stated in clear conspicuous type: "Would you like to
9 be added to the Donate Life Registry? Check box for 'yes' or 'skip this
10 question'". The commissioner shall not maintain records of any person
11 who checks "skip this question". Except where the application is made in
12 person or electronically, failure to check a box shall not impair the
13 validity of an application, and failure to check "yes" or checking "skip
14 this question" shall not be construed to imply a wish not to donate. In
15 the case of an applicant under sixteen years of age, checking "yes"
16 shall not constitute consent to make an anatomical gift or registration
17 in the donate life registry. Where an applicant has previously consented
18 to make an anatomical gift or registered in the donate life registry,
19 checking "skip this question" or failing to check a box shall not impair
20 that consent or registration.
21 (cc) require, in consultation and cooperation with the state board of
22 law examiners, that every individual applying for admission to practice
23 or on a biennial registration form pursuant to section four hundred
24 sixty-four or four hundred sixty-eight-a of the judiciary law, be
25 provided space so that such applicant may register in the "donate life
26 registry" for organ, eye and tissue donations under section forty-three
27 hundred ten of this chapter with the following stated in clear conspicu-
28 ous type: "Would you like to be added to the Donate Life Registry? Check
29 box for 'yes' or 'skip this question'". The commissioner shall not main-
30 tain records of any person who checks "skip this question". Except where
31 the application is made in person or electronically, failure to check a
32 box shall not impair the validity of an application, and failure to
33 check "yes" or checking "skip this question" shall not be construed to
34 imply a wish not to donate. In the case of an applicant under sixteen
35 years of age, checking "yes" shall not constitute consent to make an
36 anatomical gift or registration in the donate life registry. Where an
37 applicant has previously consented to make an anatomical gift or regis-
38 tered in the donate life registry, checking "skip this question" or
39 failing to check a box shall not impair that consent or registration.
40 (dd) require, in consultation and cooperation with the secretary of
41 state, that every individual applying to conduct a profession or occupa-
42 tion which is licensed or registered by the department of state be
43 provided space so that such applicant may register in the "donate life
44 registry" for organ, eye and tissue donations under section forty-three
45 hundred ten of this chapter with the following stated in clear conspicu-
46 ous type: "Would you like to be added to the Donate Life Registry? Check
47 box for 'yes' or 'skip this question'". The commissioner shall not main-
48 tain records of any person who checks "skip this question". Except where
49 the application is made in person or electronically, failure to check a
50 box shall not impair the validity of an application, and failure to
51 check "yes" or checking "skip this question" shall not be construed to
52 imply a wish not to donate. In the case of an applicant under sixteen
53 years of age, checking "yes" shall not constitute consent to make an
54 anatomical gift or registration in the donate life registry. Where an
55 applicant has previously consented to make an anatomical gift or regis-
A. 3516 6
1 tered in the donate life registry, checking "skip this question" or
2 failing to check a box shall not impair that consent or registration.
3 § 7. Section 3006 of the education law is amended by adding a new
4 subdivision 4 to read as follows:
5 4. Organ, eye and tissue donation. The commissioner shall provide on
6 each application for a certificate, license or registration issued
7 pursuant to this article, and each renewal thereof, space for the appli-
8 cant to register in the "donate life registry" for organ, eye and tissue
9 donations established pursuant to section forty-three hundred ten of the
10 public health law with the following stated on the application in clear
11 and conspicuous type: "Would you like to be added to the Donate Life
12 Registry? Check box for 'yes' or 'skip this question'". The regents
13 shall not maintain records of any person who checks "skip this ques-
14 tion". Failure to check "yes" or checking "skip this question" shall not
15 be construed to imply a wish not to donate. In the case of an applicant
16 under sixteen years of age, checking "yes" shall not constitute consent
17 to make an anatomical gift or registration in the donate life registry.
18 Provided, that where an applicant has previously consented to make an
19 anatomical gift or registered in the "donate life registry", failing to
20 check a box shall not impair such consent or registration.
21 § 8. Section 6501 of the education law is amended by adding a new
22 subdivision 3 to read as follows:
23 3. The regents shall provide, on each application to practice a
24 profession pursuant to this title and each application for renewal of a
25 license, registration or certification to practice such a profession,
26 space for the applicant to register in the "donate life registry" of
27 organ, eye and tissue donations established pursuant to section forty-
28 three hundred ten of the public health law with the following stated on
29 the application in clear and conspicuous type: "Would you like to be
30 added to the Donate Life Registry? Check box for 'yes' or 'skip this
31 question'". The regents shall not maintain records of any person who
32 checks "skip this question". Failure to check "yes" or checking "skip
33 this question" shall not be construed to imply a wish not to donate. In
34 the case of an applicant under sixteen years of age, checking "yes"
35 shall not constitute consent to make an anatomical gift or registration
36 in the donate life registry. Provided, that where an applicant has
37 previously consented to make an anatomical gift or registered in the
38 "donate life registry", failing to check a box shall not impair such
39 consent or registration.
40 § 9. Section 651 of the tax law is amended by adding a new subsection
41 (a-1) to read as follows:
42 (a-1) Organ, eye and tissue donation. The commissioner shall provide
43 on each return space for the taxpayer or taxpayers to register in the
44 "donate life registry" for organ, eye and tissue donations established
45 pursuant to section forty-three hundred ten of the public health law
46 with the following stated on the application in clear and conspicuous
47 type: "Would you like to be added to the Donate Life Registry? Check box
48 for 'yes' or 'skip this question'". The commissioner shall not maintain
49 records of any person who checks "skip this question". Failure to check
50 "yes" or checking "skip this question" shall not be construed to imply a
51 wish not to donate. In the case of an applicant under sixteen years of
52 age, checking "yes" shall not constitute consent to make an anatomical
53 gift or registration in the donate life registry. Provided, that where a
54 taxpayer has previously consented to make an anatomical gift or regis-
55 tered in the "donate life registry", failing to check a box shall not
56 impair such consent or registration.
A. 3516 7
1 § 10. Paragraph b of subdivision 1 of section 401 of the vehicle and
2 traffic law is amended by adding a new closing paragraph to read as
3 follows:
4 The commissioner shall provide on each application for registration
5 and renewal thereof space for the motor vehicle owner to register in the
6 "donate life registry" for organ, eye and tissue donations established
7 pursuant to section forty-three hundred ten of the public health law
8 with the following stated on the application in clear and conspicuous
9 type: "Would you like to be added to the Donate Life Registry? Check box
10 for 'yes' or 'skip this question'". The commissioner shall not maintain
11 records of any person who checks "skip this question". Failure to check
12 "yes" or checking "skip this question" shall not be construed to imply a
13 wish not to donate. In the case of an applicant under sixteen years of
14 age, checking "yes" shall not constitute consent to make an anatomical
15 gift or registration in the donate life registry. Provided, that where a
16 motor vehicle owner has previously consented to make an anatomical gift
17 or registered in the "donate life registry", failing to check a box
18 shall not impair such consent or registration.
19 § 11. Section 464 of the judiciary law is amended by adding a new
20 closing paragraph to read as follows:
21 The chief administrator of the courts shall provide on each applica-
22 tion for admission to practice, space for the applicant to register in
23 the "donate life registry" for organ, eye and tissue donations estab-
24 lished pursuant to section forty-three hundred ten of the public health
25 law with the following stated on the application in clear and conspicu-
26 ous type: "Would you like to be added to the Donate Life Registry? Check
27 box for 'yes' or 'skip this question'". The chief administrator of the
28 courts shall not maintain records of any person who checks "skip this
29 question". Failure to check "yes" or checking "skip this question"
30 shall not be construed to imply a wish not to donate. In the case of an
31 applicant under sixteen years of age, checking "yes" shall not consti-
32 tute consent to make an anatomical gift or registration in the donate
33 life registry. Provided, that where an applicant has previously
34 consented to make an anatomical gift or registered in the "donate life
35 registry", failing to check a box shall not impair such consent or
36 registration.
37 § 12. Section 468-a of the judiciary law is amended by adding a new
38 subdivision 4-a to read as follows:
39 4-a. The chief administrator shall provide on each biennial registra-
40 tion form space for the attorney to register in the "donate life regis-
41 try" for organ, eye and tissue donations established pursuant to section
42 forty-three hundred ten of the public health law with the following
43 stated on the application in clear and conspicuous type: "Would you like
44 to be added to the Donate Life Registry? Check box for 'yes' or 'skip
45 this question'". The chief administrator shall not maintain records of
46 any person who checks "skip this question". Failure to check "yes" or
47 checking "skip this question" shall not be construed to imply a wish not
48 to donate. In the case of an applicant under sixteen years of age,
49 checking "yes" shall not constitute consent to make an anatomical gift
50 or registration in the donate life registry. Provided, that where an
51 attorney has previously consented to make an anatomical gift or regis-
52 tered in the "donate life registry", failing to check a box shall not
53 impair such consent or registration.
54 § 13. The executive law is amended by adding a new section 91-a to
55 read as follows:
A. 3516 8
1 § 91-a. Organ, eye and tissue donation. The secretary shall provide
2 on each application to conduct a profession or occupation which is
3 licensed or registered by the department, and each renewal thereof,
4 space for the applicant to register in the "donate life registry" for
5 organ, eye and tissue donations established pursuant to section forty-
6 three hundred ten of the public health law with the following stated on
7 the application in clear and conspicuous type: "Would you like to be
8 added to the Donate Life Registry? Check box for 'yes' or 'skip this
9 question'". The secretary shall not maintain records of any person who
10 checks "skip this question". Failure to check "yes" or checking "skip
11 this question" shall not be construed to imply a wish not to donate. In
12 the case of an applicant under sixteen years of age, checking "yes"
13 shall not constitute consent to make an anatomical gift or registration
14 in the donate life registry. Provided, that where an applicant has
15 previously consented to make an anatomical gift or registered in the
16 "donate life registry", failing to check a box shall not impair such
17 consent or registration.
18 § 14. This act shall take effect on the first of January next succeed-
19 ing the date on which it shall have become a law; provided, however,
20 that section three of this act shall take effect on the same date and in
21 the same manner as chapter 758 of the laws of 2022 takes effect. Effec-
22 tive immediately, the addition, amendment and/or repeal of any rule or
23 regulation necessary for the implementation of this act on its effective
24 date are authorized to be made and completed on or before such effective
25 date.
