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

                                  4265

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced  by  M.  of A. ORTIZ, GALEF -- Multi-Sponsored by -- M. of A.
  BENJAMIN, BOYLAND, CLARK, COLTON, DIAZ,  HOOPER,  MAYERSOHN,  McENENY,
  MILLMAN,  O'DONNELL,  PEOPLES,  SCARBOROUGH, TOWNS, WEISENBERG -- read
  once and referred to the Committee on Ways and Means

AN ACT to amend the tax law, in relation to providing  a  tax  deduction
  for  donating  organs;  and to amend the labor law, in relation to job
  security for those individuals who decide to donate an organ

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

  Section  1. Subsection (c) of section 612 of the tax law is amended by
adding a new paragraph 39 to read as follows:
  (39) UP TO TEN THOUSAND DOLLARS FOR ANY PERSON WHO DONATES ONE OR MORE
OF HIS OR HER HUMAN ORGANS TO ANOTHER HUMAN BEING FOR HUMAN ORGAN TRANS-
PLANTATION. SUCH DEDUCTION MAY ONLY BE TAKEN ONCE IN A DONOR'S LIFETIME.
THE DEDUCTION SHALL EQUAL THAT AMOUNT OF NON-REIMBURSED EXPENSES  RELAT-
ING TO TRAVEL, LODGING, MEDICAL EXPENSES AND LOST WAGES, BUT IN NO EVENT
SHALL THE AGGREGATE AMOUNT OF THE DEDUCTION EXCEED TEN THOUSAND DOLLARS.
THE DEDUCTION MUST BE TAKEN IN EITHER THE YEAR THE TRANSPLANT OCCURS, OR
THE  YEAR  IMMEDIATELY  FOLLOWING  THE  YEAR  THE TRANSPLANT OCCURS. FOR
PURPOSES OF THIS PARAGRAPH, "HUMAN ORGAN" MEANS ALL OR PART OF A  LIVER,
PANCREAS, LUNG, KIDNEY, INTESTINE, OR BONE MARROW.
  S  2.  Subdivision  2  of section 201-d of the labor law is amended by
adding a new paragraph e to read as follows:
  E. AN INDIVIDUAL'S DECISION TO DONATE A HUMAN ORGAN AND FOR HIS OR HER
ABSENCE FROM WORK DURING THE RECOVERY PERIOD OF SUCH DONATION.
  S 3. This act shall take effect immediately and shall apply to taxable
years commencing on or after such  effective  date,  provided  that  the
commissioner  of taxation and finance shall promulgate any rule or regu-
lation necessary for the timely implementation of this act.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07806-01-9