NY State Assembly Bill 2009-A4471

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 23, 2010	print number 4471d
Jun 23, 2010	amend and recommit to ways and means
Jun 17, 2010	print number 4471c
Jun 17, 2010	amend and recommit to ways and means
Jun 14, 2010	reported referred to ways and means
Jun 08, 2010	reported referred to codes
Jun 03, 2010	print number 4471b
Jun 03, 2010	amend (t) and recommit to transportation
Apr 14, 2010	print number 4471a
Apr 14, 2010	amend and recommit to transportation
Jan 06, 2010	referred to transportation
Feb 04, 2009	referred to transportation

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multi-Sponsors

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2009-A4471 - Details

Current Committee:: Assembly Ways And Means
Law Section:: State Finance Law
Laws Affected:: Amd §95-d, St Fin L; amd §§502 & 504, V & T L; amd §§4301 & 4310, Pub Health L; amd §612, Tax L

2009-A4471 - Summary

Provides for the "Life pass it on" trust fund to be known as the "New York state donate life trust fund"; makes provisions relating to anatomical gifts, rights and responsibilities; repeals certain provisions of the public health law relating thereto.

2009-A4471 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4471

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by M. of A. BRODSKY, JEFFRIES -- Multi-Sponsored by -- M. of
  A. DIAZ, KELLNER, LATIMER, PERRY, TOWNS -- read once and  referred  to
  the Committee on Transportation

AN  ACT to amend the state finance law, the vehicle and traffic law, the
  public health law and the tax law, in relation  to  anatomical  gifts,
  rights and responsibilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The section heading and subdivision 1 of  section  95-d  of
the  state finance law, as added by chapter 415 of the laws of 2003, are
amended to read as follows:
  "[Life pass it on] NEW YORK STATE DONATE LIFE trust fund". 1. There is
hereby established in the joint custody of the commissioner of  taxation
and  finance  and  the  comptroller,  a  special fund to be known as the
"[life pass it on] NEW YORK STATE DONATE LIFE trust fund".
  S 2. Section 404-u of the vehicle and traffic law, as added by chapter
415 of the laws of 2003, is amended to read as follows:
  S 404-u. Distinctive gift of life license plates. 1. Any person resid-
ing in this state shall upon request be  issued  a  distinctive  license
plate bearing the words "[Life Pass It On] DONATE LIFE". Application for
said  license  plates  shall be filed with the commissioner in such form
and detail as the commissioner shall prescribe.
  2. Any distinctive plate issued pursuant  to  this  section  shall  be
issued in the same manner as other number plates upon the payment of the
regular  registration fee prescribed by section four hundred one of this
article provided, however, that an additional annual service  charge  of
twenty-five  dollars  shall be charged for such plate. Twenty dollars of
each such twenty-five dollar annual service charge shall be deposited to
the credit of the "[life pass it on] NEW YORK STATE  DONATE  LIFE  trust
fund" established pursuant to section ninety-five-d of the state finance
law  and  shall  be used for research and education programs approved by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05080-01-9

A. 4471                             2

the commissioner of health.  Provided, however that one year  after  the
effective  date  of  this  section, funds in the amount of five thousand
dollars, or so much thereof as may be available, shall be  allocated  to
the  department  to  offset costs associated with the production of such
license plates.
  S 3. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
amended  by  chapter  639  of  the  laws  of 2006, is amended to read as
follows:
  1. Application for license.  Application for a driver's license  shall
be made to the commissioner.  The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking  of  a  photo image or images of the applicant in accordance with
rules and regulations prescribed by the commissioner. In  addition,  the
commissioner  also  shall  require that the applicant provide his or her
social security number and provide space on the application so that  the
applicant  may  register  CONSENT  TO  MAKE  AN  ANATOMICAL  GIFT AND BE
ENROLLED in the New York state [organ  and  tissue  donor]  DONATE  LIFE
registry  [under]  PURSUANT  TO  section  forty-three hundred ten of the
public health law, AS INDICATED BY THE APPLICANT'S  SIGNATURE  WITHIN  A
DESIGNATED AREA THAT IS SEPARATE FROM THE FINAL SIGNATURE CERTIFYING THE
VALIDITY  OF  THE  INFORMATION PROVIDED IN THE OVERALL APPLICATION FOR A
DRIVER'S LICENSE. In addition, an applicant for  a  commercial  driver's
license  who  will  operate  a  commercial  motor  vehicle in interstate
commerce shall certify that such applicant  meets  the  requirements  to
operate  a  commercial motor vehicle, as set forth in public law 99-570,
title XII, and title 49 of the code  of  federal  regulations,  and  all
regulations promulgated by the United States secretary of transportation
under  the  hazardous materials transportation act. Upon a determination
that the holder of a commercial driver's  license  has  made  any  false
statement, with respect to the application for such license, the commis-
sioner shall revoke such license.
  S  4. Paragraph (a) of subdivision 1 of section 504 of the vehicle and
traffic law, as separately amended by chapters 568 and 639 of  the  laws
of 2006, is amended to read as follows:
  (a)  Every  license or renewal thereof shall contain [a distinguishing
mark and] adequate space upon which  an  anatomical  gift,  pursuant  to
section  forty-three hundred ten of the public health law, by the licen-
see shall be recorded and shall contain such other information and shall
be issued in such form as the commissioner  shall  determine;  provided,
however,  every  license or renewal thereof issued to a person under the
age of twenty-one years shall have prominently  imprinted  upon  it  the
statement  "UNDER  21  YEARS  OF  AGE"  in  notably distinctive print or
format; provided further, however,  every  license  or  renewal  thereof
issued to a person [making an anatomical gift] WHO HAS CONSENTED TO MAKE
AN  ANATOMICAL  GIFT  AND  BE ENROLLED IN THE NEW YORK STATE DONATE LIFE
REGISTRY PURSUANT TO SECTION  FORTY-THREE  HUNDRED  TEN  OF  THE  PUBLIC
HEALTH  LAW  THROUGH  THE DEPARTMENT shall have prominently printed upon
the front of such license or renewal thereof the statement "ORGAN DONOR"
in notably distinctive print  or  format.  The  commissioner  shall  not
require  fees  for  the issuance of such licenses or renewals thereof to
persons under twenty-one years of age or to persons making an anatomical
gift which are different from the fees  required  for  the  issuance  of
licenses  or renewals thereof to persons twenty-one years of age or over
or to persons not making an anatomical gift.

A. 4471                             3

  S 5. Section 4301 of the public health law, as amended by  chapter  62
of  the  laws of 1994 and subdivisions 1 and 3 as amended by chapter 639
of the laws of 2006, is amended to read as follows:
  S  4301. Persons who may execute an anatomical gift. 1. Any individual
of sound mind and eighteen years of age or more may give all or any part
of his or her body for any purpose specified in section  [four  thousand
three]  FORTY-THREE hundred two of this article, the gift to take effect
upon death. In any case where the donor has properly executed  an  organ
donor  card,  driver's license authorization to make an anatomical gift,
pursuant to paragraph (a) of subdivision one  of  section  five  hundred
four  of  the vehicle and traffic law, [registered] CONSENTED TO MAKE AN
ANATOMICAL GIFT AND BE ENROLLED in the New York state [organ and  tissue
donor]  DONATE  LIFE  registry  [under]  PURSUANT TO section forty-three
hundred ten of this article, or has  otherwise  given  written  authori-
zation  for  organ  or tissue donation, authorization for donation shall
not be rescinded by an objection by a member of any of the classes spec-
ified in paragraphs (a) through (f) of subdivision two of this  section,
except upon a showing that the donor revoked the authorization.
  2. Any of the following persons, in the order of priority stated, may,
when  persons  in  prior classes are not available at the time of death,
and in the absence of actual notice of contrary indications by the dece-
dent, or actual notice of opposition by a member of the  same  class  or
prior  class  specified  in  paragraph (a), (b), (c), (d) or (e) of this
subdivision, or reason to believe that an anatomical gift is contrary to
the decedent's religious or moral beliefs, give all or any part  of  the
decedent's body for any purpose specified in section four thousand three
hundred two of this article:
  (a) the spouse,
  (b) a son or daughter eighteen years of age or older,
  (c) either parent,
  (d) a brother or sister eighteen years of age or older,
  (e) a guardian of the person of the decedent at the time of his OR HER
death,
  (f)  any other person authorized or under the obligation to dispose of
the body.
  3. The donee shall not accept the gift  under  the  following  circum-
stances:
  (a)  the  donee  has actual notice of contrary indication by the dece-
dent;
  (b) where the donor has not properly executed  an  organ  donor  card,
driver's  license  authorization to make an anatomical gift, pursuant to
paragraph (a) of subdivision one of section five  hundred  four  of  the
vehicle  and  traffic  law, [registered] CONSENTED TO MAKE AN ANATOMICAL
GIFT AND BE ENROLLED in the New York  state  [organ  and  tissue  donor]
DONATE LIFE registry [under] PURSUANT TO section forty-three hundred ten
of  this  article, or otherwise given written authorization for organ or
tissue donation, or has revoked any such authorization, and the gift  is
opposed  by a person or persons in the highest priority available of the
classes specified in paragraph (a), (b), (c), (d) or (e) of  subdivision
two of this section; or
  (c) the donee has reason to believe that an anatomical gift is contra-
ry to the decedent's religious or moral beliefs.
  4.  A  gift of all or part of a body authorizes any examination neces-
sary to assure medical acceptability of gift for the purposes intended.

A. 4471                             4

  5. The rights of the donee created by the gift are  paramount  to  the
rights  of  others  except  as provided by section [four thousand three]
FORTY-THREE hundred eight of this article.
  S  6. Section 4310 of the public health law, as amended by chapter 639
of the laws of 2006, the section heading and subdivision 1 as separately
amended by chapter 640 of the laws of 2006 and subdivision 2 as  amended
by chapter 362 of the laws of 2008, is amended to read as follows:
  S  4310.  New  York  state  donate  life registry for organ and tissue
donations. 1. The department shall establish an organ and  tissue  donor
registry,  which  shall  be  called  and be referred to as the "NEW YORK
STATE donate life registry", which shall contain a listing of all donors
who have [declared their consent] CONSENTED to make an  anatomical  gift
ON  FORMS  PROVIDED BY, AND FILED WITH, THE DEPARTMENT OF MOTOR VEHICLES
OR THE DEPARTMENT.
  2. Such registration of consent to make an anatomical gift can be made
through (a) [indication] A CONSENT made on the  application  or  renewal
form  of  a  DRIVER'S  license,  OR (b) [indication] A CONSENT made on a
non-driver identification card  application  or  renewal  form,  OR  (c)
enrolling  in  the registry website maintained by the department, OR (d)
indication made on a voter registration  form  pursuant  to  subdivision
five  of  section  5-210  of  the election law, or (e) through any other
method identified by  the  commissioner.  The  registration  shall  take
effect upon the department sending written notice of the registration to
the person enrolling in the registry.
  3.  (a)  Information  contained in the registry shall be accessible to
(i) federally regulated organ procurement agencies, (ii) eye and  tissue
banks  licensed  by  the department pursuant to article forty-three-B of
this chapter, (iii) any other entity formally approved  by  the  commis-
sioner.
  (b) The information contained in the registry shall not be released to
any person except as expressly authorized by this section solely for the
purpose  of identifying potential organ and tissue donors at or near the
time of death.
  (C) FEDERALLY REGULATED ORGAN PROCUREMENT ORGANIZATIONS, AND NEW  YORK
STATE  LICENSED  TISSUE  BANKS, HOSPITALS AND HEALTH CARE PROFESSIONALS,
AND THEIR AGENTS AND  EMPLOYEES,  WHO  PROCURE  ORGANS  AND  TISSUES  IN
REASONABLE  AND  GOOD  FAITH RELIANCE ON THE INFORMATION PROVIDED IN THE
NEW YORK STATE DONATE LIFE REGISTRY SHALL NOT BE LIABLE FOR  DAMAGES  IN
ANY  CIVIL  ACTION  OR SUBJECT TO PROSECUTION IN ANY CRIMINAL PROCEEDING
FOR HIS OR HER ACTS.
  (D) THE STATE OF NEW YORK AND ITS AGENTS AND EMPLOYEES  SHALL  NOT  BE
LIABLE  FOR ANY ACT OR OMISSION RELATED TO THE ENTRY OF INFORMATION INTO
THE NEW YORK STATE DONATE LIFE REGISTRY WHERE  SUCH  AGENT  OR  EMPLOYEE
ACTED  REASONABLY  AND  IN  GOOD  FAITH IN THE PERFORMANCE OF HIS OR HER
DUTIES.
  4. [If the department had an established registry prior to the  effec-
tive  date  of this section, it shall be deemed to meet the requirements
of this section.
  5.] The registry shall provide persons  enrolled  the  opportunity  to
specify which organs and tissues they want to donate and if the donation
can be used FOR CONSENT OF THE DONATION OF ORGANS, TISSUES, EYES, OR ALL
BODY  PARTS  for transplantation, THERAPY AND research, [or both] OR ANY
COMBINATION THEREOF. IF A PERSON DOES NOT RESTRICT HIS OR HER  DONATION,
THE  CONSENT  SHALL BE DEEMED TO BE A CONSENT FOR ANY AND ALL ORGANS AND
TISSUES FOR TRANSPLANTATION, THERAPY AND RESEARCH PURPOSES.

A. 4471                             5

  [6] 5. A person registered in the [organ and tissue]  NEW  YORK  STATE
DONATE LIFE registry before the effective date of this subdivision shall
be deemed to have expressed intent to donate, until and unless he or she
files  an  amendment  to  his  or her registration or a new registration
expressing consent to donate.
  [7.  The] 6. TO THE EXTENT PRACTICABLE, THE commissioner shall contact
each person registered before the effective date of this subdivision  in
the [organ and tissue] NEW YORK STATE DONATE LIFE registry in writing to
inform  him  or  her that at the time he or she registered, the registry
was that of intent and that the registry  is  now  one  of  consent,  to
explain  in clear and understandable terms the difference between intent
and consent, and to provide opportunity for the person to change his  or
her  registration  to  provide  consent  by  amending his or her current
registration or executing a new registration.
  [8] 7. The commissioner is authorized to promulgate  rules  and  regu-
lations necessary to implement the provisions of this section.
  S  7. Paragraph 38 of subsection (c) of section 612 of the tax law, as
added by chapter 565 of the laws of 2006, is amended to read as follows:
  (38) An amount of up to ten thousand  dollars  if  a  taxpayer,  while
living,  donates one or more of his or her human organs to another human
being for human organ transplantation. For purposes of  this  paragraph,
"human organ" means all or part of a liver, pancreas, kidney, intestine,
lung,  or  bone marrow. A subtract modification allowed under this para-
graph shall be claimed in the taxable year  in  which  the  human  organ
transplantation  occurs,  AND  MAY  ALSO  BE CLAIMED IN THE TAXABLE YEAR
IMMEDIATELY PRECEDING OR IMMEDIATELY FOLLOWING THE  TRANSPLANT  PROVIDED
THAT THE COMBINED AMOUNT CLAIMED BY THE DONOR DOES NOT EXCEED A TOTAL OF
TEN THOUSAND DOLLARS.
  (A)  A  taxpayer  shall  claim the subtract modification allowed under
this paragraph only once and such subtract modification shall be claimed
for only the following unreimbursed expenses which are incurred  by  the
taxpayer and related to the taxpayer's organ donation:
  (i) travel expenses;
  (ii) lodging expenses; and
  (iii) lost wages.
  (B)  The  subtract modification allowed under this paragraph shall not
be claimed by a part-year resident or a non-resident of this state.
  S 8. This act shall take effect immediately and shall apply to anatom-
ical gifts donated and consented to on or after July 1, 2011.

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multi-Sponsors

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2009-A4471A - Details

Current Committee:: Assembly Ways And Means
Law Section:: State Finance Law
Laws Affected:: Amd §95-d, St Fin L; amd §§502 & 504, V & T L; amd §§4301 & 4310, Pub Health L; amd §612, Tax L

2009-A4471A - Summary

Provides for the "Life pass it on" trust fund to be known as the "New York state donate life trust fund"; makes provisions relating to anatomical gifts, rights and responsibilities; repeals certain provisions of the public health law relating thereto.

2009-A4471A - Sponsor Memo

                                BILL NUMBER:A4471A

TITLE OF BILL:  An act to amend the state finance law, the vehicle and
traffic law, the public health law and the tax law, in relation to
anatomical gifts, rights and responsibilities

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to
amend recently enacted laws to address ambiguities and potential
implementation issues.

SUMMARY OF SPECIFIC PROVISIONS: This bill would amend various
provisions of the Public Health Law, Vehicle and Traffic Law, State
Finance Law and Tax Law to:

a. Change the references in the State Finance Law and Vehicle and
Traffic Law from the "Life, Pass it on Trust Fund" to the "New York
State Donate Life Trust Fund" to be consistent with the terminology
preferred within the transplant community and 2006 legislative changes
using the "Donate Life" logo;

b. Amend the Vehicle and Traffic Law §506 as amended by chapters 568
and 639 of the laws of 2006, to clarify that a "person making an
anatomical gift" for the purpose of requiring Department of Motor
Vehicles (DMV) to print "ORGAN DONOR" on the front of the license
shall only refer to those individuals who have signed up for the New
York State Donate Life Registry through the DMV application and

renewal process;

c. Amend PHL 4301 and 4310 to change references from the New York
State Organ and Tissue Donor registry to the "New York State Donate
Life Registry" to be consistent with chapter 640 of the laws of 2006
which changed the name of the registry, and to include "New York
State," so that New York's registry will be distinguishable from other
similarly named registries;

d. Amend PHL §4310 to make it clear that organ procurement
organizations, tissue banks, hospitals and health care professionals
shall not be liable for relying in good faith on information in the
Donate Life Registry when procuring organs and tissues for
transplantation therapy or research purposes, that DMV and DOH and its
employees and agents are not liable for any act or omission that
results in a person's name being entered into the Donate Life registry
in good faith, and that any person signing up for the registry will be
presumed to donate any and all organs and tissues for transplantation.
therapy and research purposes, unless the donor specifies otherwise.
The required mailing to current enrollees is also eliminated;

e. Amend Tax Law §612 (c) (38) to permit a donee to deduct certain
expenses associated with an organ donation in two consecutive years,
rather than a single year; and

f. Amend Chapter 639 of the Laws of 2006 to change the effective date
to allow time to make programming changes that need to occur before
the donor registry can become a registry for donor consent.

JUSTIFICATION: Conflicts and ambiguities in and amongst various laws
passed at the end of the 2006 legislative session need to be addressed


and clarified. Several of the amendments are due to legislation that
changed the name of the "New York State Organ and Tissue Donor
Registry" to the "Donate Life Registry." The change in the name and
logo is consistent with the preferences of the transplant community to
use this logo uniformly throughout the nation to raise awareness.
Similar changes are being made to the "New York State life, pass it on
trust fund.".  At the suggestion of the transplant community, "New
York State" is being added to the name of the registry to distinguish
it from other existing and potential registries using the "Donate
Life" logo.  Chapter 568 of the Laws of 2006 requires DMV to imprint
on the front of very license "issued to a person making an anatomical
gift" "ORGAN DONOR." Since most people have not "made anatomical gift"
unless they have been a live organ donor or their organ donor card is
found after their death and their organs have been procured, the
current statutory language does not support the likely legislative
intent. Additionally, since DMV is unlikely to be aware of any person
who intends to be an organ donor or has executed anatomical gift card
unless they have done so by registering for the Donate Life Registry
through DMV, the statute should be amended to make it clear that DMV
is only required to imprint the license with "ORGAN DONOR" when
someone has signed up for the New York State Donate Life Registry
through DMV. Tax Law section. 612 (C) (38) is being amended to permit
live organ donors to deduct certain expenses in more than one year.
The statute enacted in 2006 limits the deduction to a single tax year.
However, live donors often incur travel and lodging expenses and lost
wages for evaluations, consultations, surgery and follow-up care over
the course of .two years. The current limitation could have the effect
of encouraging donors to postpone transplant procedures so they can
maximize their deduction for expenses associated with the transplant.
Additionally, there is no rationale for permitting one donor to fully
benefit from the deduction while penalizing another solely based upon
the timing of the surgical procedure. Consequently, this proposal
would permit deductions for expenses to be taken over two consecutive
years as long as the total expenses deducted does not exceed $10,000.

PRIOR LEGISLATIVE HISTORY: A9007 (2007-2008).

FISCAL IMPLICATIONS: Approximately $500,000 in savings due to the
elimination of the required mailing to current enrollees; a potential
$335,000 cost associated with taxpayers amending their 2006 tax forms
to deduct expenses associated with organ donation that were accrued in
2006 for a 2007 transplant; and possible savings from avoiding
lawsuits and awards with respect to the New York State Donate Life
Registry.

EFFECTIVE DATE: This act shall take effect immediately and shall apply
to anatomical gifts donated and consented to on or after July 1, 2009.

2009-A4471A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4471--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by M. of A. BRODSKY, JEFFRIES -- Multi-Sponsored by -- M. of
  A. CONTE, KELLNER, LATIMER, MILLMAN, PERRY, TOWNS  --  read  once  and
  referred  to  the  Committee  on  Transportation -- recommitted to the
  Committee on Transportation in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT to amend the state finance law, the vehicle and traffic law, the
  public health law and the tax law, in relation  to  anatomical  gifts,
  rights and responsibilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The section heading and subdivision 1 of  section  95-d  of
the  state finance law, as added by chapter 415 of the laws of 2003, are
amended to read as follows:
  "[Life pass it on] NEW YORK STATE DONATE LIFE trust fund". 1. There is
hereby established in the joint custody of the commissioner of  taxation
and  finance  and  the  comptroller,  a  special fund to be known as the
"[life pass it on] NEW YORK STATE DONATE LIFE trust fund".
  S 2. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
amended  by  chapter  639  of  the  laws  of 2006, is amended to read as
follows:
  1. Application for license.  Application for a driver's license  shall
be made to the commissioner.  The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking  of  a  photo image or images of the applicant in accordance with
rules and regulations prescribed by the commissioner. In  addition,  the
commissioner  also  shall  require that the applicant provide his or her
social security number and provide space on the application so that  the
applicant  may  register  CONSENT  TO  MAKE  AN  ANATOMICAL  GIFT AND BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05080-02-0

A. 4471--A                          2

ENROLLED in the New York state [organ  and  tissue  donor]  DONATE  LIFE
registry  [under]  PURSUANT  TO  section  forty-three hundred ten of the
public health law, AS INDICATED BY THE APPLICANT'S  SIGNATURE  WITHIN  A
DESIGNATED AREA THAT IS SEPARATE FROM THE FINAL SIGNATURE CERTIFYING THE
VALIDITY  OF  THE  INFORMATION PROVIDED IN THE OVERALL APPLICATION FOR A
DRIVER'S LICENSE. In addition, an applicant for  a  commercial  driver's
license  who  will  operate  a  commercial  motor  vehicle in interstate
commerce shall certify that such applicant  meets  the  requirements  to
operate  a  commercial motor vehicle, as set forth in public law 99-570,
title XII, and title 49 of the code  of  federal  regulations,  and  all
regulations promulgated by the United States secretary of transportation
under  the  hazardous materials transportation act. Upon a determination
that the holder of a commercial driver's  license  has  made  any  false
statement, with respect to the application for such license, the commis-
sioner shall revoke such license.
  S  3. Paragraph (a) of subdivision 1 of section 504 of the vehicle and
traffic law, as separately amended by chapters 568 and 639 of  the  laws
of 2006, is amended to read as follows:
  (a)  Every  license or renewal thereof shall contain [a distinguishing
mark and] adequate space upon which  an  anatomical  gift,  pursuant  to
section  forty-three hundred ten of the public health law, by the licen-
see shall be recorded and shall contain such other information and shall
be issued in such form as the commissioner  shall  determine;  provided,
however,  every  license or renewal thereof issued to a person under the
age of twenty-one years shall have prominently  imprinted  upon  it  the
statement  "UNDER  21  YEARS  OF  AGE"  in  notably distinctive print or
format; provided further, however,  every  license  or  renewal  thereof
issued to a person [making an anatomical gift] WHO HAS CONSENTED TO MAKE
AN  ANATOMICAL  GIFT  AND  BE ENROLLED IN THE NEW YORK STATE DONATE LIFE
REGISTRY PURSUANT TO SECTION  FORTY-THREE  HUNDRED  TEN  OF  THE  PUBLIC
HEALTH  LAW  THROUGH  THE DEPARTMENT shall have prominently printed upon
the front of such license or renewal thereof the statement "ORGAN DONOR"
in notably distinctive print  or  format.  The  commissioner  shall  not
require  fees  for  the issuance of such licenses or renewals thereof to
persons under twenty-one years of age or to persons making an anatomical
gift which are different from the fees  required  for  the  issuance  of
licenses  or renewals thereof to persons twenty-one years of age or over
or to persons not making an anatomical gift.
  S 4. Subdivisions 1 and 5 of section 4301 of the public health law, as
amended by chapter 348 of the laws of  2009,  are  amended  to  read  as
follows:
  1.  Any individual of sound mind and eighteen years of age or more may
give all or any part of his or her body for  any  purpose  specified  in
section forty-three hundred two of this article, the gift to take effect
upon  death.  In any case where the donor has properly executed an organ
donor card, driver's license authorization to make an  anatomical  gift,
pursuant  to  paragraph  (a)  of subdivision one of section five hundred
four of the vehicle and traffic law, [registered] CONSENTED TO  MAKE  AN
ANATOMICAL  GIFT AND BE ENROLLED in the New York state [organ and tissue
donor] DONATE LIFE registry  [under]  PURSUANT  TO  section  forty-three
hundred  ten  of  this  article, or has otherwise given written authori-
zation for organ or tissue donation, authorization  for  donation  shall
not be rescinded by an objection by a member of any of the classes spec-
ified  in paragraphs (a) through (h) of subdivision two of this section,
except upon a showing that the donor revoked the authorization.

A. 4471--A                          3

  5. The donee shall not accept the gift  under  the  following  circum-
stances:
  (a)  the  donee  has actual notice of contrary indication by the dece-
dent;
  (b) where the donor has not properly executed  an  organ  donor  card,
driver's  license  authorization to make an anatomical gift, pursuant to
paragraph (a) of subdivision one of section five  hundred  four  of  the
vehicle  and  traffic  law, [registered] CONSENTED TO MAKE AN ANATOMICAL
GIFT AND BE ENROLLED in the New York  state  [organ  and  tissue  donor]
DONATE LIFE registry [under] PURSUANT TO section forty-three hundred ten
of  this  article, or otherwise given written authorization for organ or
tissue donation, or has revoked any such authorization, and the gift  is
opposed  by a person or persons in the highest priority available of the
classes specified in paragraph (a), (b), (c), (d), (e), (f), (g) or  (h)
of subdivision two of this section; or
  (c) the donee has reason to believe that an anatomical gift is contra-
ry to the decedent's religious or moral beliefs.
  S  5. Section 4310 of the public health law, as amended by chapter 639
of the laws of 2006, the section heading and subdivision 1 as separately
amended by chapter 640 of the laws of 2006 and subdivision 2 as  amended
by chapter 362 of the laws of 2008, is amended to read as follows:
  S  4310.  New  York  state  donate  life registry for organ and tissue
donations. 1. The department shall establish an organ and  tissue  donor
registry,  which  shall  be  called  and be referred to as the "NEW YORK
STATE donate life registry", which shall contain a listing of all donors
who have [declared their consent] CONSENTED to make an  anatomical  gift
ON  FORMS  PROVIDED BY, AND FILED WITH, THE DEPARTMENT OF MOTOR VEHICLES
OR THE DEPARTMENT.
  2. Such registration of consent to make an anatomical gift can be made
through (a) [indication] A CONSENT made on the  application  or  renewal
form  of  a  DRIVER'S  license,  OR (b) [indication] A CONSENT made on a
non-driver identification card  application  or  renewal  form,  OR  (c)
enrolling  in  the registry website maintained by the department, OR (d)
indication made on a voter registration  form  pursuant  to  subdivision
five  of  section  5-210  of  the election law, or (e) through any other
method identified by  the  commissioner.  The  registration  shall  take
effect upon the department sending written notice of the registration to
the person enrolling in the registry.
  3.  (a)  Information  contained in the registry shall be accessible to
(i) federally regulated organ procurement agencies, (ii) eye and  tissue
banks  licensed  by  the department pursuant to article forty-three-B of
this chapter, (iii) any other entity formally approved  by  the  commis-
sioner.
  (b) The information contained in the registry shall not be released to
any person except as expressly authorized by this section solely for the
purpose  of identifying potential organ and tissue donors at or near the
time of death.
  (C) FEDERALLY REGULATED ORGAN PROCUREMENT ORGANIZATIONS, AND NEW  YORK
STATE  LICENSED  TISSUE  BANKS, HOSPITALS AND HEALTH CARE PROFESSIONALS,
AND THEIR AGENTS AND  EMPLOYEES,  WHO  PROCURE  ORGANS  AND  TISSUES  IN
REASONABLE  AND  GOOD  FAITH RELIANCE ON THE INFORMATION PROVIDED IN THE
NEW YORK STATE DONATE LIFE REGISTRY SHALL NOT BE LIABLE FOR  DAMAGES  IN
ANY  CIVIL  ACTION  OR SUBJECT TO PROSECUTION IN ANY CRIMINAL PROCEEDING
FOR HIS OR HER ACTS.
  (D) THE STATE OF NEW YORK AND ITS AGENTS AND EMPLOYEES  SHALL  NOT  BE
LIABLE  FOR ANY ACT OR OMISSION RELATED TO THE ENTRY OF INFORMATION INTO

A. 4471--A                          4

THE NEW YORK STATE DONATE LIFE REGISTRY WHERE  SUCH  AGENT  OR  EMPLOYEE
ACTED  REASONABLY  AND  IN  GOOD  FAITH IN THE PERFORMANCE OF HIS OR HER
DUTIES.
  (E)  A  PERSON  THAT  ACTS IN ACCORDANCE WITH THIS ARTICLE OR WITH THE
APPLICABLE ANATOMICAL GIFT LAW OF ANOTHER STATE,  OR  ATTEMPTS  IN  GOOD
FAITH  TO  DO SO, IS NOT LIABLE FROM THE ACT IN A CIVIL ACTION, CRIMINAL
PROSECUTION, OR  ADMINISTRATIVE  PROCEEDING.  FOR  THE  PURPOSE  OF  ANY
PROCEEDING,  CIVIL,  CRIMINAL,  OR ADMINISTRATIVE, THE GOOD FAITH OF ANY
SUCH PERSON SHALL BE PRESUMED, PROVIDED SUCH PERSON, OFFICIAL OR  INSTI-
TUTION  WAS  ACTING IN DISCHARGE OF THEIR DUTIES AND WITHIN THE SCOPE OF
THEIR EMPLOYMENT.
  4. [If the department had an established registry prior to the  effec-
tive  date  of this section, it shall be deemed to meet the requirements
of this section.
  5.] The registry shall provide persons  enrolled  the  opportunity  to
specify which organs and tissues they want to donate and if the donation
can be used FOR CONSENT OF THE DONATION OF ORGANS, TISSUES, EYES, OR ALL
BODY  PARTS  for transplantation, THERAPY AND research, [or both] OR ANY
COMBINATION THEREOF. IF A PERSON DOES NOT RESTRICT HIS OR HER  DONATION,
THE  CONSENT  SHALL BE DEEMED TO BE A CONSENT FOR ANY AND ALL ORGANS AND
TISSUES FOR TRANSPLANTATION, THERAPY AND RESEARCH PURPOSES.
  [6] 5. A person registered in the [organ and tissue]  NEW  YORK  STATE
DONATE LIFE registry before the effective date of this subdivision shall
be deemed to have expressed intent to donate, until and unless he or she
files  an  amendment  to  his  or her registration or a new registration
expressing consent to donate.
  [7. The] 6. TO THE EXTENT PRACTICABLE, THE commissioner shall  contact
each  person registered before the effective date of this subdivision in
the [organ and tissue] NEW YORK STATE DONATE LIFE registry in writing to
inform him or her that at the time he or she  registered,  the  registry
was  that  of  intent  and  that  the registry is now one of consent, to
explain in clear and understandable terms the difference between  intent
and  consent, and to provide opportunity for the person to change his or
her registration to provide consent  by  amending  his  or  her  current
registration or executing a new registration.
  [8]  7.  The  commissioner is authorized to promulgate rules and regu-
lations necessary to implement the provisions of this section.
  S 6. Paragraph 38 of subsection (c) of section 612 of the tax law,  as
added by chapter 565 of the laws of 2006, is amended to read as follows:
  (38)  An  amount  of  up  to ten thousand dollars if a taxpayer, while
living, donates one or more of his or her human organs to another  human
being  for  human organ transplantation. For purposes of this paragraph,
"human organ" means all or part of a liver, pancreas, kidney, intestine,
lung, or bone marrow. A subtract modification allowed under  this  para-
graph  shall  be  claimed  in  the taxable year in which the human organ
transplantation occurs, AND MAY ALSO BE  CLAIMED  IN  THE  TAXABLE  YEAR
IMMEDIATELY  PRECEDING  OR IMMEDIATELY FOLLOWING THE TRANSPLANT PROVIDED
THAT THE COMBINED AMOUNT CLAIMED BY THE DONOR DOES NOT EXCEED A TOTAL OF
TEN THOUSAND DOLLARS.
  (A) A taxpayer shall claim the  subtract  modification  allowed  under
this paragraph only once and such subtract modification shall be claimed
for  only  the following unreimbursed expenses which are incurred by the
taxpayer and related to the taxpayer's organ donation:
  (i) travel expenses;
  (ii) lodging expenses; and
  (iii) lost wages.

A. 4471--A                          5

  (B) The subtract modification allowed under this paragraph  shall  not
be claimed by a part-year resident or a non-resident of this state.
  S 7. This act shall take effect immediately and shall apply to anatom-
ical gifts donated and consented to on or after July 1, 2011.

co-Sponsors

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multi-Sponsors

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2009-A4471B - Details

Current Committee:: Assembly Ways And Means
Law Section:: State Finance Law
Laws Affected:: Amd §95-d, St Fin L; amd §§502 & 504, V & T L; amd §§4301 & 4310, Pub Health L; amd §612, Tax L

2009-A4471B - Summary

Provides for the "Life pass it on" trust fund to be known as the "New York state donate life trust fund"; makes provisions relating to anatomical gifts, rights and responsibilities; repeals certain provisions of the public health law relating thereto.

2009-A4471B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4471--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by  M.  of  A. BRODSKY, JEFFRIES, LATIMER, SKARTADOS, ORTIZ,
  HOYT, CAHILL, P. RIVERA, KOON, CUSICK, JAFFEE, CASTRO, HOOPER,  SPANO,
  MAISEL, HYER-SPENCER, MURRAY -- Multi-Sponsored by -- M. of A. ALFANO,
  BALL,  BARCLAY,  BURLING,  CONTE,  GIGLIO, KELLNER, McENENY, McKEVITT,
  MILLMAN, MOLINARO, NOLAN, PERRY,  PHEFFER,  QUINN,  SAYWARD,  SWEENEY,
  TOBACCO, TOWNS, TOWNSEND -- read once and referred to the Committee on
  Transportation  --  recommitted  to the Committee on Transportation in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the state finance law, the vehicle and traffic law, the
  public health law and the tax law, in relation  to  anatomical  gifts,
  rights  and  responsibilities  and repealing 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.  The  section heading and subdivision 1 of section 95-d of
the state finance law, as added by chapter 415 of the laws of 2003,  are
amended to read as follows:
  "[Life pass it on] NEW YORK STATE DONATE LIFE trust fund". 1. There is
hereby  established in the joint custody of the commissioner of taxation
and finance and the comptroller, a special  fund  to  be  known  as  the
"[life pass it on] NEW YORK STATE DONATE LIFE trust fund".
  S  2.  Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by chapter 639 of the laws  of  2006,  is  amended  to  read  as
follows:
  1.  Application for license.  Application for a driver's license shall
be made to the commissioner.  The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05080-04-0

A. 4471--B                          2

sioner may also provide that the application procedure shall include the
taking of a photo image or images of the applicant  in  accordance  with
rules  and  regulations prescribed by the commissioner. In addition, the
commissioner  also  shall  require that the applicant provide his or her
social security number and provide space on the application so that  the
applicant  may  register  CONSENT  TO  MAKE  AN  ANATOMICAL  GIFT AND BE
ENROLLED in the New York state [organ  and  tissue  donor]  DONATE  LIFE
registry  [under]  PURSUANT  TO  section  forty-three hundred ten of the
public health law, AS INDICATED BY THE APPLICANT'S  SIGNATURE  WITHIN  A
DESIGNATED AREA THAT IS SEPARATE FROM THE FINAL SIGNATURE CERTIFYING THE
VALIDITY  OF  THE  INFORMATION PROVIDED IN THE OVERALL APPLICATION FOR A
DRIVER'S LICENSE. In addition, an applicant for  a  commercial  driver's
license  who  will  operate  a  commercial  motor  vehicle in interstate
commerce shall certify that such applicant  meets  the  requirements  to
operate  a  commercial motor vehicle, as set forth in public law 99-570,
title XII, and title 49 of the code  of  federal  regulations,  and  all
regulations promulgated by the United States secretary of transportation
under  the  hazardous materials transportation act. Upon a determination
that the holder of a commercial driver's  license  has  made  any  false
statement, with respect to the application for such license, the commis-
sioner shall revoke such license.
  S  3. Paragraph (a) of subdivision 1 of section 504 of the vehicle and
traffic law, as separately amended by chapters 568 and 639 of  the  laws
of 2006, is amended to read as follows:
  (a)  Every  license or renewal thereof shall contain [a distinguishing
mark and] adequate space upon which  an  anatomical  gift,  pursuant  to
section  forty-three hundred ten of the public health law, by the licen-
see shall be recorded and shall contain such other information and shall
be issued in such form as the commissioner  shall  determine;  provided,
however,  every  license or renewal thereof issued to a person under the
age of twenty-one years shall have prominently  imprinted  upon  it  the
statement  "UNDER  21  YEARS  OF  AGE"  in  notably distinctive print or
format; provided further, however,  every  license  or  renewal  thereof
issued to a person [making an anatomical gift] WHO HAS CONSENTED TO MAKE
AN  ANATOMICAL  GIFT  AND  BE ENROLLED IN THE NEW YORK STATE DONATE LIFE
REGISTRY PURSUANT TO SECTION  FORTY-THREE  HUNDRED  TEN  OF  THE  PUBLIC
HEALTH  LAW  THROUGH  THE DEPARTMENT shall have prominently printed upon
the front of such license or renewal thereof the statement "ORGAN DONOR"
in notably distinctive print  or  format.  The  commissioner  shall  not
require  fees  for  the issuance of such licenses or renewals thereof to
persons under twenty-one years of age or to persons making an anatomical
gift which are different from the fees  required  for  the  issuance  of
licenses  or renewals thereof to persons twenty-one years of age or over
or to persons not making an anatomical gift.
  S 4. Subdivisions 1 and 5 of section 4301 of the public health law, as
amended by chapter 348 of the laws of  2009,  are  amended  to  read  as
follows:
  1.  Any individual of sound mind and eighteen years of age or more may
give all or any part of his or her body for  any  purpose  specified  in
section forty-three hundred two of this article, the gift to take effect
upon  death.  In any case where the donor has properly executed an organ
donor card, driver's license authorization to make an  anatomical  gift,
pursuant  to  paragraph  (a)  of subdivision one of section five hundred
four of the vehicle and traffic law, [registered] CONSENTED TO  MAKE  AN
ANATOMICAL  GIFT AND BE ENROLLED in the New York state [organ and tissue
donor] DONATE LIFE registry  [under]  PURSUANT  TO  section  forty-three

A. 4471--B                          3

hundred  ten  of  this  article, or has otherwise given written authori-
zation for organ or tissue donation, authorization  for  donation  shall
not be rescinded by an objection by a member of any of the classes spec-
ified  in paragraphs (a) through (h) of subdivision two of this section,
except upon a showing that the donor revoked the authorization.
  5. The donee shall not accept the gift  under  the  following  circum-
stances:
  (a)  the  donee  has actual notice of contrary indication by the dece-
dent;
  (b) where the donor has not properly executed  an  organ  donor  card,
driver's  license  authorization to make an anatomical gift, pursuant to
paragraph (a) of subdivision one of section five  hundred  four  of  the
vehicle  and  traffic  law, [registered] CONSENTED TO MAKE AN ANATOMICAL
GIFT AND BE ENROLLED in the New York  state  [organ  and  tissue  donor]
DONATE LIFE registry [under] PURSUANT TO section forty-three hundred ten
of  this  article, or otherwise given written authorization for organ or
tissue donation, or has revoked any such authorization, and the gift  is
opposed  by a person or persons in the highest priority available of the
classes specified in paragraph (a), (b), (c), (d), (e), (f), (g) or  (h)
of subdivision two of this section; or
  (c) the donee has reason to believe that an anatomical gift is contra-
ry to the decedent's religious or moral beliefs.
  S  5.  Subdivision  3  of  section  4306  of  the public health law is
REPEALED.
  S 6. Section 4310 of the public health law, as amended by chapter  639
of the laws of 2006, the section heading and subdivision 1 as separately
amended  by chapter 640 of the laws of 2006 and subdivision 2 as amended
by chapter 362 of the laws of 2008, is amended to read as follows:
  S 4310. New York state donate  life  registry  for  organ  and  tissue
donations.  1.  The department shall establish an organ and tissue donor
registry, which shall be called and be referred  to  as  the  "NEW  YORK
STATE donate life registry", which shall contain a listing of all donors
who  have  [declared their consent] CONSENTED to make an anatomical gift
ON FORMS PROVIDED BY, AND FILED WITH, THE DEPARTMENT OF  MOTOR  VEHICLES
OR THE DEPARTMENT.
  2. Such registration of consent to make an anatomical gift can be made
through  (a)  [indication]  A CONSENT made on the application or renewal
form of a DRIVER'S license, OR (b) [indication]  A  CONSENT  made  on  a
non-driver  identification  card  application  or  renewal  form, OR (c)
enrolling in the registry website maintained by the department,  OR  (d)
indication  made  on  a  voter registration form pursuant to subdivision
five of section 5-210 of the election law,  or  (e)  through  any  other
method  identified  by  the  commissioner.  The  registration shall take
effect upon the department sending written notice of the registration to
the person enrolling in the registry.
  3. (a) Information contained in the registry shall  be  accessible  to
(i)  federally regulated organ procurement agencies, (ii) eye and tissue
banks licensed by the department pursuant to  article  forty-three-B  of
this  chapter,  (iii)  any other entity formally approved by the commis-
sioner.
  (b) The information contained in the registry shall not be released to
any person except as expressly authorized by this section solely for the
purpose of identifying potential organ and tissue donors at or near  the
time of death.
  (C)  A  PERSON  THAT  ACTS IN ACCORDANCE WITH THIS ARTICLE OR WITH THE
APPLICABLE ANATOMICAL GIFT LAW OF ANOTHER STATE,  OR  ATTEMPTS  IN  GOOD

A. 4471--B                          4

FAITH  TO  DO SO, IS NOT LIABLE FROM THE ACT IN A CIVIL ACTION, CRIMINAL
PROSECUTION, OR  ADMINISTRATIVE  PROCEEDING.  FOR  THE  PURPOSE  OF  ANY
PROCEEDING,  CIVIL,  CRIMINAL,  OR ADMINISTRATIVE, THE GOOD FAITH OF ANY
SUCH  PERSON SHALL BE PRESUMED, PROVIDED SUCH PERSON, OFFICIAL OR INSTI-
TUTION WAS ACTING IN DISCHARGE OF THEIR DUTIES AND WITHIN THE  SCOPE  OF
THEIR EMPLOYMENT.
  4.  [If the department had an established registry prior to the effec-
tive date of this section, it shall be deemed to meet  the  requirements
of this section.
  5.]  The  registry  shall  provide persons enrolled the opportunity to
specify which organs and tissues they want to donate and if the donation
can be used FOR CONSENT OF THE DONATION OF ORGANS, TISSUES, EYES, OR ALL
BODY PARTS for transplantation, THERAPY AND research, [or both]  OR  ANY
COMBINATION  THEREOF. IF A PERSON DOES NOT RESTRICT HIS OR HER DONATION,
THE CONSENT SHALL BE DEEMED TO BE A CONSENT FOR ANY AND ALL  ORGANS  AND
TISSUES FOR TRANSPLANTATION, THERAPY AND RESEARCH PURPOSES.
  [6]  5.  A  person registered in the [organ and tissue] NEW YORK STATE
DONATE LIFE registry before the effective date of this subdivision shall
be deemed to have expressed intent to donate, until and unless he or she
files an amendment to his or her  registration  or  a  new  registration
expressing consent to donate.
  [7.  The] 6. TO THE EXTENT PRACTICABLE, THE commissioner shall contact
each person registered before the effective date of this subdivision  in
the [organ and tissue] NEW YORK STATE DONATE LIFE registry in writing to
inform  him  or  her that at the time he or she registered, the registry
was that of intent and that the registry  is  now  one  of  consent,  to
explain  in clear and understandable terms the difference between intent
and consent, and to provide opportunity for the person to change his  or
her  registration  to  provide  consent  by  amending his or her current
registration or executing a new registration.
  [8] 7. The commissioner is authorized to promulgate  rules  and  regu-
lations necessary to implement the provisions of this section.
  S  7. Paragraph 38 of subsection (c) of section 612 of the tax law, as
added by chapter 565 of the laws of 2006, is amended to read as follows:
  (38) An amount of up to ten thousand  dollars  if  a  taxpayer,  while
living,  donates one or more of his or her human organs to another human
being for human organ transplantation. For purposes of  this  paragraph,
"human organ" means all or part of a liver, pancreas, kidney, intestine,
lung,  or  bone marrow. A subtract modification allowed under this para-
graph shall be claimed in the taxable year  in  which  the  human  organ
transplantation  occurs,  AND  MAY  ALSO  BE CLAIMED IN THE TAXABLE YEAR
IMMEDIATELY PRECEDING OR IMMEDIATELY FOLLOWING THE  TRANSPLANT  PROVIDED
THAT THE COMBINED AMOUNT CLAIMED BY THE DONOR DOES NOT EXCEED A TOTAL OF
TEN THOUSAND DOLLARS.
  (A)  A  taxpayer  shall  claim the subtract modification allowed under
this paragraph only once and such subtract modification shall be claimed
for only the following unreimbursed expenses which are incurred  by  the
taxpayer and related to the taxpayer's organ donation:
  (i) travel expenses;
  (ii) lodging expenses; and
  (iii) lost wages.
  (B)  The  subtract modification allowed under this paragraph shall not
be claimed by a part-year resident or a non-resident of this state.
  S 8. This act shall take effect immediately and shall apply to anatom-
ical gifts donated and consented to on or after July 1, 2011.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A4471C - Details

Current Committee:: Assembly Ways And Means
Law Section:: State Finance Law
Laws Affected:: Amd §95-d, St Fin L; amd §§502 & 504, V & T L; amd §§4301 & 4310, Pub Health L; amd §612, Tax L

2009-A4471C - Summary

Provides for the "Life pass it on" trust fund to be known as the "New York state donate life trust fund"; makes provisions relating to anatomical gifts, rights and responsibilities; repeals certain provisions of the public health law relating thereto.

2009-A4471C - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4471--C

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by  M.  of  A. BRODSKY, JEFFRIES, LATIMER, SKARTADOS, ORTIZ,
  HOYT, CAHILL, P. RIVERA, KOON, CUSICK, JAFFEE, CASTRO, HOOPER,  SPANO,
  MAISEL, HYER-SPENCER, MURRAY, TITONE -- Multi-Sponsored by -- M. of A.
  ALFANO,  BALL,  BARCLAY,  BURLING,  CONTE,  GIGLIO,  KELLNER, McENENY,
  McKEVITT, MILLMAN, MOLINARO, NOLAN, PERRY,  PHEFFER,  QUINN,  SAYWARD,
  SWEENEY,  TOBACCO,  TOWNS,  TOWNSEND  -- read once and referred to the
  Committee on Transportation -- recommitted to the Committee on  Trans-
  portation  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments,  ordered reprinted as amended and recommitted to said committee
  -- reported and referred to the Committee on  Codes  --  reported  and
  referred  to  the Committee on Ways and Means -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT to amend the state finance law, the vehicle and traffic law, the
  public health law and the tax law, in relation  to  anatomical  gifts,
  rights  and  responsibilities  and repealing 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.  The  section heading and subdivision 1 of section 95-d of
the state finance law, as added by chapter 415 of the laws of 2003,  are
amended to read as follows:
  "[Life pass it on] NEW YORK STATE DONATE LIFE trust fund". 1. There is
hereby  established in the joint custody of the commissioner of taxation
and finance and the comptroller, a special  fund  to  be  known  as  the
"[life pass it on] NEW YORK STATE DONATE LIFE trust fund".
  S  2.  Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by chapter 639 of the laws  of  2006,  is  amended  to  read  as
follows:
  1.  Application for license.  Application for a driver's license shall
be made to the commissioner.  The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05080-07-0

A. 4471--C                          2

ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking of a photo image or images of the applicant  in  accordance  with
rules  and  regulations prescribed by the commissioner. In addition, the
commissioner also shall require that the applicant provide  his  or  her
social  security number and provide space on the application so that the
applicant may register  CONSENT  TO  MAKE  AN  ANATOMICAL  GIFT  AND  BE
ENROLLED  in  the  New  York  state [organ and tissue donor] DONATE LIFE
registry [under] PURSUANT TO section  forty-three  hundred  ten  of  the
public  health  law,  AS INDICATED BY THE APPLICANT'S SIGNATURE WITHIN A
DESIGNATED AREA THAT IS SEPARATE FROM THE FINAL SIGNATURE CERTIFYING THE
VALIDITY OF THE INFORMATION PROVIDED IN THE OVERALL  APPLICATION  FOR  A
DRIVER'S  LICENSE.  In  addition, an applicant for a commercial driver's
license who will  operate  a  commercial  motor  vehicle  in  interstate
commerce  shall  certify  that  such applicant meets the requirements to
operate a commercial motor vehicle, as set forth in public  law  99-570,
title  XII,  and  title  49  of the code of federal regulations, and all
regulations promulgated by the United States secretary of transportation
under the hazardous materials transportation act. Upon  a  determination
that  the  holder  of  a  commercial driver's license has made any false
statement, with respect to the application for such license, the commis-
sioner shall revoke such license.
  S 3. Paragraph (a) of subdivision 1 of section 504 of the vehicle  and
traffic  law,  as separately amended by chapters 568 and 639 of the laws
of 2006, is amended to read as follows:
  (a) Every license or renewal thereof shall contain  [a  distinguishing
mark  and]  adequate  space  upon  which an anatomical gift, pursuant to
section forty-three hundred ten of the public health law, by the  licen-
see shall be recorded and shall contain such other information and shall
be  issued  in  such form as the commissioner shall determine; provided,
however, every license or renewal thereof issued to a person  under  the
age  of  twenty-one  years  shall have prominently imprinted upon it the
statement "UNDER 21 YEARS  OF  AGE"  in  notably  distinctive  print  or
format;  provided  further,  however,  every  license or renewal thereof
issued to a person [making an anatomical gift] WHO HAS CONSENTED TO MAKE
AN ANATOMICAL GIFT AND BE ENROLLED IN THE NEW  YORK  STATE  DONATE  LIFE
REGISTRY  PURSUANT  TO  SECTION  FORTY-THREE  HUNDRED  TEN OF THE PUBLIC
HEALTH LAW THROUGH THE DEPARTMENT shall have  prominently  printed  upon
the front of such license or renewal thereof the statement "ORGAN DONOR"
in  notably  distinctive  print  or  format.  The commissioner shall not
require fees for the issuance of such licenses or  renewals  thereof  to
persons under twenty-one years of age or to persons making an anatomical
gift  which  are  different  from  the fees required for the issuance of
licenses or renewals thereof to persons twenty-one years of age or  over
or to persons not making an anatomical gift.
  S 4. Subdivisions 1 and 5 of section 4301 of the public health law, as
amended  by  chapter  348  of  the  laws of 2009, are amended to read as
follows:
  1. Any individual of sound mind and eighteen years of age or more  may
give  all  or  any  part of his or her body for any purpose specified in
section forty-three hundred two of this article, the gift to take effect
upon death. In any case where the donor has properly executed  an  organ
donor  card,  driver's license authorization to make an anatomical gift,
pursuant to paragraph (a) of subdivision one  of  section  five  hundred
four  of  the vehicle and traffic law, [registered] CONSENTED TO MAKE AN
ANATOMICAL GIFT AND BE ENROLLED in the New York state [organ and  tissue

A. 4471--C                          3

donor]  DONATE  LIFE  registry  [under]  PURSUANT TO section forty-three
hundred ten of this article, or has  otherwise  given  written  authori-
zation  for  organ  or tissue donation, authorization for donation shall
not be rescinded by an objection by a member of any of the classes spec-
ified  in paragraphs (a) through (h) of subdivision two of this section,
except upon a showing that the donor revoked the authorization.
  5. The donee shall not accept the gift  under  the  following  circum-
stances:
  (a)  the  donee  has actual notice of contrary indication by the dece-
dent;
  (b) where the donor has not properly executed  an  organ  donor  card,
driver's  license  authorization to make an anatomical gift, pursuant to
paragraph (a) of subdivision one of section five  hundred  four  of  the
vehicle  and  traffic  law, [registered] CONSENTED TO MAKE AN ANATOMICAL
GIFT AND BE ENROLLED in the New York  state  [organ  and  tissue  donor]
DONATE LIFE registry [under] PURSUANT TO section forty-three hundred ten
of  this  article, or otherwise given written authorization for organ or
tissue donation, or has revoked any such authorization, and the gift  is
opposed  by a person or persons in the highest priority available of the
classes specified in paragraph (a), (b), (c), (d), (e), (f), (g) or  (h)
of subdivision two of this section; or
  (c) the donee has reason to believe that an anatomical gift is contra-
ry to the decedent's religious or moral beliefs.
  S  5.  Subdivision  3  of  section  4306  of  the public health law is
REPEALED.
  S 6. Section 4310 of the public health law, as amended by chapter  639
of the laws of 2006, the section heading and subdivision 1 as separately
amended  by chapter 640 of the laws of 2006 and subdivision 2 as amended
by chapter 362 of the laws of 2008, is amended to read as follows:
  S 4310. New York state donate  life  registry  for  organ  and  tissue
donations.  1.  The department shall establish an organ and tissue donor
registry, which shall be called and be referred  to  as  the  "NEW  YORK
STATE donate life registry", which shall contain a listing of all donors
who  have  [declared their consent] CONSENTED to make an anatomical gift
ON FORMS PROVIDED BY, AND FILED WITH, THE DEPARTMENT OF  MOTOR  VEHICLES
OR THE DEPARTMENT.
  2. Such registration of consent to make an anatomical gift can be made
through  (a)  [indication]  A CONSENT made on the application or renewal
form of a DRIVER'S license, OR (b) [indication]  A  CONSENT  made  on  a
non-driver  identification  card  application  or  renewal  form, OR (c)
enrolling in the registry website maintained by the department,  OR  (d)
indication  made  on  a  voter registration form pursuant to subdivision
five of section 5-210 of the election law,  or  (e)  through  any  other
method  identified  by  the  commissioner.  The  registration shall take
effect upon the department sending written notice of the registration to
the person enrolling in the registry.
  3. (a) Information contained in the registry shall  be  accessible  to
(i)  federally regulated organ procurement agencies, (ii) eye and tissue
banks licensed by the department pursuant to  article  forty-three-B  of
this  chapter,  (iii)  any other entity formally approved by the commis-
sioner.
  (b) The information contained in the registry shall not be released to
any person except as expressly authorized by this section solely for the
purpose of identifying potential organ and tissue donors at or near  the
time of death.

A. 4471--C                          4

  (C)  A  PERSON  WHO  ACTS  IN ACCORDANCE WITH THIS ARTICLE OR WITH THE
APPLICABLE ANATOMICAL GIFT LAW OF ANOTHER STATE,  OR  ATTEMPTS  IN  GOOD
FAITH  TO  DO SO, IS NOT LIABLE IN A CIVIL ACTION, CRIMINAL PROSECUTION,
OR ADMINISTRATIVE PROCEEDING FOR HIS OR HER ACTIONS. FOR THE PURPOSE  OF
ANY  PROCEEDING,  CIVIL,  CRIMINAL, OR ADMINISTRATIVE, THE GOOD FAITH OF
ANY SUCH PERSON SHALL BE PRESUMED, PROVIDED SUCH PERSON  WAS  ACTING  IN
DISCHARGE OF THEIR DUTIES AND WITHIN THE SCOPE OF THEIR EMPLOYMENT.
  4.  [If the department had an established registry prior to the effec-
tive date of this section, it shall be deemed to meet  the  requirements
of this section.
  5.]  The  registry  shall  provide persons enrolled the opportunity to
specify which organs and tissues they want to donate and if the donation
can be used FOR CONSENT OF THE DONATION OF ORGANS, TISSUES, EYES, OR ALL
BODY PARTS for transplantation, THERAPY AND research, [or both]  OR  ANY
COMBINATION  THEREOF. IF A PERSON DOES NOT RESTRICT HIS OR HER DONATION,
THE CONSENT SHALL BE DEEMED TO BE A CONSENT FOR ANY AND ALL  ORGANS  AND
TISSUES FOR TRANSPLANTATION, THERAPY AND RESEARCH PURPOSES.
  [6]  5.  A  person registered in the [organ and tissue] NEW YORK STATE
DONATE LIFE registry before the effective date of this subdivision shall
be deemed to have expressed intent to donate, until and unless he or she
files an amendment to his or her  registration  or  a  new  registration
expressing consent to donate.
  [7.  The] 6. TO THE EXTENT PRACTICABLE, THE commissioner shall contact
each person registered before the effective date of this subdivision  in
the [organ and tissue] NEW YORK STATE DONATE LIFE registry in writing to
inform  him  or  her that at the time he or she registered, the registry
was that of intent and that the registry  is  now  one  of  consent,  to
explain  in clear and understandable terms the difference between intent
and consent, and to provide opportunity for the person to change his  or
her  registration  to  provide  consent  by  amending his or her current
registration or executing a new registration.
  [8] 7. The commissioner is authorized to promulgate  rules  and  regu-
lations necessary to implement the provisions of this section.
  S  7. Paragraph 38 of subsection (c) of section 612 of the tax law, as
added by chapter 565 of the laws of 2006, is amended to read as follows:
  (38) An amount of up to ten thousand  dollars  if  a  taxpayer,  while
living,  donates one or more of his or her human organs to another human
being for human organ transplantation. For purposes of  this  paragraph,
"human organ" means all or part of a liver, pancreas, kidney, intestine,
lung,  or  bone marrow. A subtract modification allowed under this para-
graph shall be claimed in the taxable year  in  which  the  human  organ
transplantation  occurs,  AND  MAY  ALSO  BE CLAIMED IN THE TAXABLE YEAR
IMMEDIATELY PRECEDING OR IMMEDIATELY FOLLOWING THE  TRANSPLANT  PROVIDED
THAT THE COMBINED AMOUNT CLAIMED BY THE DONOR DOES NOT EXCEED A TOTAL OF
TEN THOUSAND DOLLARS.
  (A)  A  taxpayer  shall  claim the subtract modification allowed under
this paragraph only once and such subtract modification shall be claimed
for only the following unreimbursed expenses which are incurred  by  the
taxpayer and related to the taxpayer's organ donation:
  (i) travel expenses;
  (ii) lodging expenses; and
  (iii) lost wages.
  (B)  The  subtract modification allowed under this paragraph shall not
be claimed by a part-year resident or a non-resident of this state.
  S 8. This act shall take effect immediately and shall apply to anatom-
ical gifts donated and consented to on or after July 1, 2011.

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2009-A4471D (ACTIVE) - Details

Current Committee:: Assembly Ways And Means
Law Section:: State Finance Law
Laws Affected:: Amd §95-d, St Fin L; amd §§502 & 504, V & T L; amd §§4301 & 4310, Pub Health L; amd §612, Tax L

2009-A4471D (ACTIVE) - Summary

Provides for the "Life pass it on" trust fund to be known as the "New York state donate life trust fund"; makes provisions relating to anatomical gifts, rights and responsibilities; repeals certain provisions of the public health law relating thereto.

2009-A4471D (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4471--D

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by  M.  of  A. BRODSKY, JEFFRIES, LATIMER, SKARTADOS, ORTIZ,
  HOYT, CAHILL, P. RIVERA, KOON, CUSICK, JAFFEE, CASTRO, HOOPER,  SPANO,
  MAISEL, HYER-SPENCER, MURRAY, TITONE -- Multi-Sponsored by -- M. of A.
  ALFANO,  BALL,  BARCLAY,  BURLING,  CONTE,  GIGLIO,  KELLNER, McENENY,
  McKEVITT, MILLMAN, MOLINARO, NOLAN, PERRY,  PHEFFER,  QUINN,  SAYWARD,
  SWEENEY,  TOBACCO,  TOWNS,  TOWNSEND  -- read once and referred to the
  Committee on Transportation -- recommitted to the Committee on  Trans-
  portation  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments,  ordered reprinted as amended and recommitted to said committee
  -- reported and referred to the Committee on  Codes  --  reported  and
  referred  to  the Committee on Ways and Means -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  again  reported  from  said  committee with amendments,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the state finance law, the vehicle and traffic law,  the
  public  health  law  and the tax law, in relation to anatomical gifts,
  rights and responsibilities and repealing 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. The section heading and subdivision 1 of  section  95-d  of
the  state finance law, as added by chapter 415 of the laws of 2003, are
amended to read as follows:
  "[Life pass it on] NEW YORK STATE DONATE LIFE trust fund". 1. There is
hereby established in the joint custody of the commissioner of  taxation
and  finance  and  the  comptroller,  a  special fund to be known as the
"[life pass it on] NEW YORK STATE DONATE LIFE trust fund".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05080-09-0

A. 4471--D                          2

  S 2. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
amended  by  chapter  639  of  the  laws  of 2006, is amended to read as
follows:
  1.  Application for license.  Application for a driver's license shall
be made to the commissioner.  The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking of a photo image or images of the applicant  in  accordance  with
rules  and  regulations prescribed by the commissioner. In addition, the
commissioner also shall require that the applicant provide  his  or  her
social  security number and provide space on the application so that the
applicant may register  CONSENT  TO  MAKE  AN  ANATOMICAL  GIFT  AND  BE
ENROLLED  in  the  New  York  state [organ and tissue donor] DONATE LIFE
registry [under] PURSUANT TO section  forty-three  hundred  ten  of  the
public  health  law,  AS INDICATED BY THE APPLICANT'S SIGNATURE WITHIN A
DESIGNATED AREA THAT IS SEPARATE FROM THE FINAL SIGNATURE CERTIFYING THE
VALIDITY OF THE INFORMATION PROVIDED IN THE OVERALL  APPLICATION  FOR  A
DRIVER'S  LICENSE.  In  addition, an applicant for a commercial driver's
license who will  operate  a  commercial  motor  vehicle  in  interstate
commerce  shall  certify  that  such applicant meets the requirements to
operate a commercial motor vehicle, as set forth in public  law  99-570,
title  XII,  and  title  49  of the code of federal regulations, and all
regulations promulgated by the United States secretary of transportation
under the hazardous materials transportation act. Upon  a  determination
that  the  holder  of  a  commercial driver's license has made any false
statement, with respect to the application for such license, the commis-
sioner shall revoke such license.
  S 3. Paragraph (a) of subdivision 1 of section 504 of the vehicle  and
traffic  law,  as separately amended by chapters 568 and 639 of the laws
of 2006, is amended to read as follows:
  (a) Every license or renewal thereof shall contain  [a  distinguishing
mark  and]  adequate  space  upon  which an anatomical gift, pursuant to
section forty-three hundred ten of the public health law, by the  licen-
see shall be recorded and shall contain such other information and shall
be  issued  in  such form as the commissioner shall determine; provided,
however, every license or renewal thereof issued to a person  under  the
age  of  twenty-one  years  shall have prominently imprinted upon it the
statement "UNDER 21 YEARS  OF  AGE"  in  notably  distinctive  print  or
format;  provided  further,  however,  every  license or renewal thereof
issued to a person [making an anatomical gift] WHO HAS CONSENTED TO MAKE
AN ANATOMICAL GIFT AND BE ENROLLED IN THE NEW  YORK  STATE  DONATE  LIFE
REGISTRY  PURSUANT  TO  SECTION  FORTY-THREE  HUNDRED  TEN OF THE PUBLIC
HEALTH LAW THROUGH THE DEPARTMENT shall have  prominently  printed  upon
the front of such license or renewal thereof the statement "ORGAN DONOR"
in  notably  distinctive  print  or  format.  The commissioner shall not
require fees for the issuance of such licenses or  renewals  thereof  to
persons under twenty-one years of age or to persons making an anatomical
gift  which  are  different  from  the fees required for the issuance of
licenses or renewals thereof to persons twenty-one years of age or  over
or to persons not making an anatomical gift.
  S 4. Subdivisions 1 and 5 of section 4301 of the public health law, as
amended  by  chapter  348  of  the  laws of 2009, are amended to read as
follows:
  1. Any individual of sound mind and eighteen years of age or more  may
give  all  or  any  part of his or her body for any purpose specified in

A. 4471--D                          3

section forty-three hundred two of this article, the gift to take effect
upon death. In any case where the donor has properly executed  an  organ
donor  card,  driver's license authorization to make an anatomical gift,
pursuant  to  paragraph  (a)  of subdivision one of section five hundred
four of the vehicle and traffic law, [registered] CONSENTED TO  MAKE  AN
ANATOMICAL  GIFT AND BE ENROLLED in the New York state [organ and tissue
donor] DONATE LIFE registry  [under]  PURSUANT  TO  section  forty-three
hundred  ten  of  this  article, or has otherwise given written authori-
zation for organ or tissue donation, authorization  for  donation  shall
not be rescinded by an objection by a member of any of the classes spec-
ified  in paragraphs (a) through (h) of subdivision two of this section,
except upon a showing that the donor revoked the authorization.
  5. The donee shall not accept the gift  under  the  following  circum-
stances:
  (a)  the  donee  has actual notice of contrary indication by the dece-
dent;
  (b) where the donor has not properly executed  an  organ  donor  card,
driver's  license  authorization to make an anatomical gift, pursuant to
paragraph (a) of subdivision one of section five  hundred  four  of  the
vehicle  and  traffic  law, [registered] CONSENTED TO MAKE AN ANATOMICAL
GIFT AND BE ENROLLED in the New York  state  [organ  and  tissue  donor]
DONATE LIFE registry [under] PURSUANT TO section forty-three hundred ten
of  this  article, or otherwise given written authorization for organ or
tissue donation, or has revoked any such authorization, and the gift  is
opposed  by a person or persons in the highest priority available of the
classes specified in paragraph (a), (b), (c), (d), (e), (f), (g) or  (h)
of subdivision two of this section; or
  (c) the donee has reason to believe that an anatomical gift is contra-
ry to the decedent's religious or moral beliefs.
  S  5.  Subdivision  3  of  section  4306  of  the public health law is
REPEALED.
  S 6. Section 4310 of the public health law, as amended by chapter  639
of the laws of 2006, the section heading and subdivision 1 as separately
amended  by chapter 640 of the laws of 2006 and subdivision 2 as amended
by chapter 362 of the laws of 2008, is amended to read as follows:
  S 4310. New York state donate  life  registry  for  organ  and  tissue
donations.  1.  The department shall establish an organ and tissue donor
registry, which shall be called and be referred  to  as  the  "NEW  YORK
STATE donate life registry", which shall contain a listing of all donors
who  have  [declared their consent] CONSENTED to make an anatomical gift
ON FORMS PROVIDED BY, AND FILED WITH, THE DEPARTMENT OF  MOTOR  VEHICLES
OR THE DEPARTMENT.
  2. Such registration of consent to make an anatomical gift can be made
through  (a)  [indication]  A CONSENT made on the application or renewal
form of a DRIVER'S license, OR (b) [indication]  A  CONSENT  made  on  a
non-driver  identification  card  application  or  renewal  form, OR (c)
enrolling in the registry website maintained by the department,  OR  (d)
indication  made  on  a  voter registration form pursuant to subdivision
five of section 5-210 of the election law,  or  (e)  through  any  other
method  identified  by  the  commissioner.  The  registration shall take
effect upon the department sending written notice of the registration to
the person enrolling in the registry.
  3. (a) Information contained in the registry shall  be  accessible  to
(i)  federally regulated organ procurement agencies, (ii) eye and tissue
banks licensed by the department pursuant to  article  forty-three-B  of

A. 4471--D                          4

this  chapter,  (iii)  any other entity formally approved by the commis-
sioner.
  (b) The information contained in the registry shall not be released to
any person except as expressly authorized by this section solely for the
purpose  of identifying potential organ and tissue donors at or near the
time of death.
  (C) A PERSON WHO IN GOOD FAITH ACTS OR ATTEMPTS TO ACT  IN  ACCORDANCE
WITH  THIS ARTICLE OR WITH THE APPLICABLE ANATOMICAL GIFT LAW OF ANOTHER
STATE SHALL NOT BE LIABLE FOR SUCH ACT OR ATTEMPT  IN  A  CIVIL  ACTION,
CRIMINAL PROSECUTION, OR ADMINISTRATIVE PROCEEDING.  FOR PURPOSES OF ANY
SUCH  ACTION  OR  PROCEEDING  THE  GOOD  FAITH  OF  SUCH PERSON SHALL BE
PRESUMED, PROVIDED SUCH PERSON WAS ACTING IN DISCHARGE  OF  HIS  OR  HER
DUTIES AND WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT.
  4.  [If the department had an established registry prior to the effec-
tive date of this section, it shall be deemed to meet  the  requirements
of this section.
  5.]  The  registry  shall  provide persons enrolled the opportunity to
specify which organs and tissues they want to donate and if the donation
can be used FOR CONSENT OF THE DONATION OF ORGANS, TISSUES, EYES, OR ALL
BODY PARTS for transplantation, THERAPY AND research, [or both]  OR  ANY
COMBINATION  THEREOF. IF A PERSON DOES NOT RESTRICT HIS OR HER DONATION,
THE CONSENT SHALL BE DEEMED TO BE A CONSENT FOR ANY AND ALL  ORGANS  AND
TISSUES FOR TRANSPLANTATION, THERAPY AND RESEARCH PURPOSES.
  [6]  5.  A  person registered in the [organ and tissue] NEW YORK STATE
DONATE LIFE registry before the effective date of this subdivision shall
be deemed to have expressed intent to donate, until and unless he or she
files an amendment to his or her  registration  or  a  new  registration
expressing consent to donate.
  [7.  The] 6. TO THE EXTENT PRACTICABLE, THE commissioner shall contact
each person registered before the effective date of this subdivision  in
the [organ and tissue] NEW YORK STATE DONATE LIFE registry in writing to
inform  him  or  her that at the time he or she registered, the registry
was that of intent and that the registry  is  now  one  of  consent,  to
explain  in clear and understandable terms the difference between intent
and consent, and to provide opportunity for the person to change his  or
her  registration  to  provide  consent  by  amending his or her current
registration or executing a new registration.
  [8] 7. The commissioner is authorized to promulgate  rules  and  regu-
lations necessary to implement the provisions of this section.
  S  7. Paragraph 38 of subsection (c) of section 612 of the tax law, as
added by chapter 565 of the laws of 2006, is amended to read as follows:
  (38) An amount of up to ten thousand  dollars  if  a  taxpayer,  while
living,  donates one or more of his or her human organs to another human
being for human organ transplantation. For purposes of  this  paragraph,
"human organ" means all or part of a liver, pancreas, kidney, intestine,
lung,  or  bone marrow. A subtract modification allowed under this para-
graph shall be claimed in the taxable year  in  which  the  human  organ
transplantation  occurs,  AND  MAY  ALSO  BE CLAIMED IN THE TAXABLE YEAR
IMMEDIATELY PRECEDING OR IMMEDIATELY FOLLOWING THE  TRANSPLANT  PROVIDED
THAT THE COMBINED AMOUNT CLAIMED BY THE DONOR DOES NOT EXCEED A TOTAL OF
TEN THOUSAND DOLLARS.
  (A)  A  taxpayer  shall  claim the subtract modification allowed under
this paragraph only once and such subtract modification shall be claimed
for only the following unreimbursed expenses which are incurred  by  the
taxpayer and related to the taxpayer's organ donation:
  (i) travel expenses;

A. 4471--D                          5

  (ii) lodging expenses; and
  (iii) lost wages.
  (B)  The  subtract modification allowed under this paragraph shall not
be claimed by a part-year resident or a non-resident of this state.
  S 8. This act shall take effect immediately and shall apply to anatom-
ical gifts donated and consented to on or after July 1, 2011.

Assembly Bill A4471

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Assembly Bill A4471

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Sponsored By

BRODSKY

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Hakeem Jeffries

multi-Sponsors

James Conte

Micah Kellner

George Latimer

Joan Millman

2009-A4471 - Details

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2009-A4471 - Bill Text download pdf

co-Sponsors

Hakeem Jeffries

George Latimer

Frank Skartados

Felix Ortiz

multi-Sponsors

Thomas Alfano

Greg Ball

William A. Barclay

Daniel Burling

2009-A4471A - Details

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co-Sponsors

Hakeem Jeffries

George Latimer

Frank Skartados

Felix Ortiz

multi-Sponsors

Thomas Alfano

Greg Ball

William A. Barclay

Daniel Burling

2009-A4471B - Details

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co-Sponsors

Hakeem Jeffries

George Latimer

Frank Skartados

Felix Ortiz

multi-Sponsors

Thomas Alfano

Greg Ball

William A. Barclay

Daniel Burling

2009-A4471C - Details

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co-Sponsors

Hakeem Jeffries

George Latimer

Frank Skartados