S T A T E O F N E W Y O R K
________________________________________________________________________
375
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sen. BROUK -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the tax law, in relation to the donation of a human
organ
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 38 of subsection (c) of section 612 of the tax
law, as added by chapter 565 of the laws of 2006, the opening paragraph
as amended by chapter 814 of the laws of 2022, 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] THEIR human organs to anoth-
er 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 paragraph shall be claimed in the taxable year in which the human
organ transplantation occurs. Provided, however, that this deduction
shall not apply to any donation for which the taxpayer has received
benefits under section forty-three hundred seventy-one of the public
health law.
(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 OR SPOUSE OF THE TAXPAYER, and related to the taxpayer's organ
donation:
(i) travel expenses;
(ii) lodging expenses; [and]
(iii) lost wages[.]; AND
(IV) CHILD CARE COSTS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01241-01-5
S. 375 2
(B) The subtract modification allowed under this paragraph shall not
be claimed by a part-year resident or a non-resident of this state.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on the same date as chapter 814 of
the laws of 2022 took effect.