Bill Text: NY S07318 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to allowing donate life registration when applying for or renewing a hunting, fishing or trapping license.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2020-08-24 - signed chap.149 [S07318 Detail]

Download: New_York-2019-S07318-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7318

                    IN SENATE

                                    January 17, 2020
                                       ___________

        Introduced  by  Sen. KENNEDY -- 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:

     1    Section 1. Paragraph (a) of subdivision  5  of  section  4310  of  the
     2  public  health  law, as separately amended by chapters 40 and 248 of the
     3  laws of 2016, is amended to read as follows:
     4    (a) Such organ, eye and tissue registration  of  consent  to  make  an
     5  anatomical gift can be made through: (i) indication made on the applica-
     6  tion  or  renewal  form of a driver's license, (ii) indication made on a
     7  non-driver identification card application or renewal form, (iii)  indi-
     8  cation made on a voter registration form pursuant to subdivision five of
     9  section  5-210 of the election law, (iv) indication made on the applica-
    10  tion for health care coverage offered through the state  health  benefit
    11  exchange,  (v) enrollment through the donate life registry website, (vi)
    12  paper enrollment submitted to the donate life registry, [or] (vii) indi-
    13  cation made on the application or renewal form of a hunting, fishing  or
    14  trapping license issued pursuant to title seven of article eleven of the
    15  environmental conservation law, or (viii) through any other method iden-
    16  tified  by  the commissioner.  The department shall establish a means by
    17  which to register the consent given by individuals who  are  sixteen  or
    18  seventeen  years  of  age  in  the  donate life registry, and shall make
    19  registration available by any of the methods provided  in  subparagraphs
    20  (i), (ii), (iii), (iv), (v) [and], (vi) and (vii) of this paragraph.
    21    §  2. Section 11-0713 of the environmental conservation law is amended
    22  by adding a new subdivision 7 to read as follows:
    23    7. The commissioner shall ensure that space is provided  on  any  form
    24  for application or renewal of a license issued pursuant to this title so
    25  that  the applicant shall register or decline registration in the donate
    26  life registry for organ, eye and tissue donations  pursuant  to  section

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10726-04-0
        S. 7318                             2

     1  forty-three  hundred ten of the public health law and that the following
     2  is stated on the form in clear and conspicuous type:
     3    "You  must  fill out the following section: Would you like to be added
     4  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
     5  tion'."
     6    The  commissioner  of  health shall not maintain records of any person
     7  who checks "skip this question". Except where the application is made in
     8  person or electronically, failure to check a box shall  not  impair  the
     9  validity of an application, and failure to check "yes" or checking "skip
    10  this  question" shall not be construed to imply a wish not to donate. In
    11  the case of an applicant under eighteen years  of  age,  checking  "yes"
    12  shall  not constitute consent to make an anatomical gift or registration
    13  in the donate life registry, except as otherwise  provided  pursuant  to
    14  the  provisions  of  paragraph  (b) of subdivision one of section forty-
    15  three hundred one of the public health law.    Where  an  applicant  has
    16  previously  consented  to  make  an anatomical gift or registered in the
    17  donate life registry, checking "skip this question" or failing to  check
    18  a box shall not impair that consent or registration.
    19    §  3. This act shall take effect one year after it shall have become a
    20  law.