NY State Senate Bill 2011-S1639

Senate Bill S1639

2011-2012 Legislative Session

Provides for the "Life pass it on" trust fund to be known as the "New York state donate life trust fund"

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to finance
Jan 10, 2011	referred to finance

2011-S1639 (ACTIVE) - Details

Current Committee:: Senate Finance
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
Versions Introduced in 2009-2010 Legislative Session:: S7728

2011-S1639 (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.

2011-S1639 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1639

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 of2006
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 of2006 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:
S.7728 of 2009
05/05/10 REFERRED TO FINANCE
06/15/10 REPORTED AND COMMITTED TO RULES

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, 2012.

2011-S1639 (ACTIVE) - Bill Text download pdf

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

                                  1639

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06081-01-1

S. 1639                             2

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.
  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;

S. 1639                             3

  (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 161 of the laws of 2010, 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,  which
may  include  using  an  electronic  signature  under regulations of the
commissioner and subject to article three of the state  technology  law,
OR (d) indication made on a voter registration form pursuant to subdivi-
sion 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. In making regulations on using  an
electronic  signature  for  a  registration of consent, the commissioner
shall consult with the director of the office of technology.
  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

S. 1639                             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.

S. 1639                             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, 2012.

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