What's happening
This bill requires many state forms and applications to include an option for registering in the Donate Life Registry for organ, eye, and tissue donation.
Why it matters
Expands Donate Life Registry access points. The bill requires a wide range of state forms—including those for professional licenses, tax returns, vehicle registrations, and other official applications—to provide the option to enroll in the Donate Life Registry. This could normalize and increase opportunities for New Yorkers to consider organ donation beyond just the DMV or voter registration.
Establishes “opt-in” with privacy safeguards. The forms will explicitly ask, “Would you like to be added to the Donate Life Registry? Check box for 'yes' or 'skip this question’.” No record is kept of those who choose to skip. This approach encourages organ donation without pressuring individuals or tracking non-participants, preserving personal autonomy and privacy.
Protects minors and prior registrants. Anyone under sixteen who checks “yes” will not be considered to have given legal consent for organ donation. Additionally, if someone has already registered or consented to donate, failing to respond or skipping the question on a new form will not invalidate their prior decision.
Streamlines and modernizes registration. The bill facilitates electronic signatures and online enrollment, aiming to make the consent process more efficient, secure, and accessible, which could help address critical organ shortages by reducing barriers to registration.
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Who cares
Headline styles
Add Organ Donor Option Everywhere
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Print number 474c
- Amend and recommit to higher education
- Referred to higher education
- Returned to senate
- Died in assembly
- Referred to health
- Delivered to assembly
- Passed senateVote 60–0
- Ordered to third reading cal.685
- Reported and committed to rules
- Print number 474b
- Amend (t) and recommit to higher education
Show 3 earlier actions
- Print number 474a
- Amend and recommit to higher education
- Referred to higher education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Add Organ Donor Option Forms
In Assembly Committee · Health · Sponsor Aravella Simotas
Full text
6 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
474--C
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sens. PERALTA, AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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 Assembly, 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 application or renewal form of a driver's license, (ii) indication made on a non-driver identification card application or renewal form, (iii) indication made on a voter registration form pursuant to subdivision five of section 5-210 of the election law, (iv) indication made on the application 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) indication made on application for a certificate, license or registration issued pursuant to article sixty-one of the education law, (viii) indi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00150-08-8
S. 474--C 2
cation made on an application to practice a profession pursuant to title eight of the education law, (ix) indication made on a personal income tax return, (x) indication made on an application for registration or renewal thereof of a motor vehicle, (xi) indication made on an 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, (xii) indication made on an application to conduct a profession or occupation which is licensed or registered by the department of state, or (xiii) 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) [and], (vi), (vii), (viii), (ix), (x), (xi), (xii) and (xiii) of this paragraph.
§ 2. 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 suitable 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 electronic notice of the registration to the individual enrolling in the donate life registry.
§ 3. Paragraphs (d), (e) and (f) of subdivision 5 of section 4310 of the public health law are relettered paragraphs (c), (d) and (e).
§ 4. 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 fortythree 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.
(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 chapter with the following stated in clear conspicuous type: "Would you like
S. 474--C 3
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.
(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 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.
(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 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 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 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 main-
S. 474--C 4
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 registered in the donate life registry, checking "skip this question" or failing to check a box shall not impair that consent or registration.
(bb) require, in consultation and cooperation with the secretary of state, that every individual applying to conduct a profession or occupation 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 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.
§ 5. 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 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 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.
§ 6. 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 fortythree 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
S. 474--C 5
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.
§ 7. Section 651 of the tax law is amended by adding a new subsection (a-1) to read as follows:
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 Section 355 of the Education Law by adding a new subdi- vision that requires all applications for admission to state operated institutions of higher education (SUNY) and community colleges to include a space for the applicant to register in the "donate life regis- try."
Read the full memo (774 words)
Section 2 amends Section 3006 of the Education Law to allow for the inclusion of space for persons applying for teaching certifications to register in the "donate life registry."
Section 3 amends Section 6206 of the Education Law to allow for the inclusion of space on applications for admission to CUNY institutions where applicants may elect to register in the "donate life registry."
Section 4 amends 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 5 amends 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 6 amends 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 7 amends 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 register in the "donate life registry."
Section 8 amends 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 9 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 10 sets for the effective date of this act.
Justification
Recent reports indicate that New York ranks last among the fifty states with regard to the percentage of residents that are registered as organ donors. More than 10,000 are in need of a life-saving organ transplant 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 a 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." Currently, only New York State Department of Motor Vehi- cles forms, voter registration forms and standalone "Donate Life Regis- try" forms give members of the public the option to register as an organ donor. Much more can and should be done to encourage registration. This bill mandates that additional state-issued forms must provide New York- ers 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
2017-2018: S474, S474A, S474B (Passed Senate in 2017) 2015-2016: S6022, S6022A
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, however, that 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.