What's happening
This bill requires many state forms and applications to include an option for individuals to register as organ, eye, and tissue donors.
Why it matters
Expands Points of Contact for Organ Donation Registration. By requiring state forms for civil service exams, unemployment benefits, professional licenses, tax returns, vehicle registrations, and more to offer organ donor registration, the bill increases the number of everyday interactions where New Yorkers are prompted to consider organ, eye, and tissue donation, potentially increasing participation rates.
Reduces Barriers and Misinterpretation. The bill makes it clear that not checking "yes" or selecting "skip this question" does not mean a person is refusing to be a donor, helping avoid false negatives in donor registration and ensuring that only explicit consent is recorded.
Prior Registrations Protected. If someone is already registered as a donor, not answering the question on a new form does not undo or interfere with their existing donor status, safeguarding previous decisions and minimizing administrative confusion.
Privacy and Youth Protections. The bill prohibits the collection of data on individuals who choose to skip the question, protecting privacy, and ensures that minors under 16 cannot legally consent to donation via these forms, upholding existing protections for young people.
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Who cares
Headline styles
Add Organ Donor Option Everywhere
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Reported and committed to health
- Referred to civil service and pensions
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 Donation to Forms
In Assembly Committee · Health · Sponsor Jeffrey Dinowitz
Full text
8 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8509
IN SENATE
May 9, 2018
Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions
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 Assembly, do enact as follows:
Section 1. The civil service law is amended by adding a new section 50-d to read as follows:
§ 50-d. Organ, eye and tissue donation. The civil service department and municipal commissions shall provide on each application provided pursuant to section fifty of this title 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'". Neither the civil service department nor municipal commissions shall 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.
§ 2. The labor law is amended by adding a new section 596-a to read as follows:
§ 596-a. Organ, eye and tissue donation. The commissioner shall provide on each claim for benefits made pursuant to section five hundred ninety-six of this title space for the claimant to register in the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15275-01-8
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"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 claimant 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.
§ 3. 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 an application for a civil service examination pursuant to section fifty of the civil service law, (viii) indication made on a claim for unemployment benefits made pursuant to section five hundred ninety-six of the labor law, (ix) indication made on an application for a certificate, license or registration issued pursuant to article sixty-one of the education law, (x) indication made on an application to practice a profession pursuant to title eight of the education law, (xi) indication made on a personal income tax return, (xii) indication made on an application for registration or renewal thereof of a motor vehicle, (xiii) 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, (xiv) indication made on an application to conduct a profession or occupation which is licensed or registered by the department of state, or (xv) 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), (xiii), (xiv) and (xv) of this paragraph.
§ 4. 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 elec-
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tronic notice of the registration to the individual enrolling in the donate life registry.
§ 5. Paragraphs (d), (e) and (f) of subdivision 5 of section 4310 of the public health law are relettered paragraphs (c), (d) and (e).
§ 6. Subdivision 1 of section 206 of the public health law is amended by adding eight new paragraphs (w), (x), (y), (z), (aa), (bb), (cc) and (dd) to read as follows:
(w) require, in consultation and cooperation with the civil service department and municipal commissions, that every individual applying for a civil service examination 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'". Neither the civil service department nor municipal commissions shall 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 the department of labor, that every individual filing a claim for unemployment benefits 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 claim for benefits 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 a claimant under sixteen years of age, checking "yes" shall not constitute consent to make an anatomical gift or registration in the donate life registry. Where a claimant 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 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
S. 8509 4
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 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 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 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.
(bb) 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,
S. 8509 5
checking "skip this question" or failing to check a box shall not impair that consent or registration.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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."
Read the full memo (921 words)
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, as separately amended by chapters 40 and 248 of the laws of 2016, which allows 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 to add a new paragraph (b) which allows for registry in the "donate life registry" through the donate life website and electronic signature authorization.
Section 5 reletters paragraphs (d), (e), and (f) of subdivision 5 of section 4310 of the public health law to paragraphs (c), (d), and (e).
Section 6 amends 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 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 8 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 9 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 10 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 11 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 12 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 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 ranks 3 among states with the highest need for organ, tissue and eye transplants. At present, nearly 9,500 individuals 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 individ- uals 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 donorship, 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
This is a new bill.
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.