NY State Senate Bill 2015-S7034A

Archive: Last Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2016	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1631 committee discharged and committed to rules
May 17, 2016	print number 7034a
May 17, 2016	amend (t) and recommit to finance
Apr 05, 2016	reported and committed to finance
Mar 17, 2016	referred to investigations and government operations

Votes

- Jun 9, 2016 - Floor Vote
  S7034A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Panepinto
  Jun 9, 2016 - Rules Committee Vote
  S7034A
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 9, 2016
      
      aye (23)
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Perkins
      
      absent (1)
      
      Bonacic
  Apr 5, 2016 - Investigations And Government Operations Committee Vote
  S7034A
  
  8
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Apr 5, 2016
      
      aye (8)
      
      Carlucci
      
      Diaz
      
      Golden
      
      Hoylman-Sigal
      
      Lanza
      
      Murphy
      
      O'Mara
      
      Squadron
      
      excused (1)
      
      Nozzolio

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S7034 - Details

Current Committee:: Assembly Ways And Means
Law Section:: Tax Law
Laws Affected:: Amd §612, Tax L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1475
2019-2020: S514
2021-2022: S4477
2023-2024: S1864

2015-S7034 - Summary

Allows a taxpayer or the spouse of a taxpayer to deduct costs related to the taxpayer's organ donation; includes child care costs within such allowable costs.

2015-S7034 - Sponsor Memo

                                 BILL NUMBER:  S7034

 TITLE OF BILL :

An act to amend the tax law, in relation to the donation of a human
organ; and to amend the labor law, in relation to prohibiting
discrimination against an individual who decides to donate a human
organ

 PURPOSE :

Expands the existing tax deduction of $10,000 for human organ
donations to make it easier for persons to donate organs without
worrying about expenses related to the transplant.

 SUMMARY OF PROVISIONS :

Section 1. Paragraph 38 of section 612 of the Tax Law is amended to
allow the spouse of a human organ donor to claim a deduction related
to transportation expenses, lost wages, and lodging expenses related
to the donor's transplant. In addition, paragraph 38 is amended to
include child care costs within the $10,000 deduction when such costs
are incurred by the organ donor and spouse of the organ donor in
relation to the transplant procedure.

Section 2. Subdivision 2 of section 201-d of the labor law is amended

by adding a new paragraph e, which makes it unlawful for an employer
to discharge or discriminate against an individual who has made a
decision to donate a human organ during the entire donation process.

Section 3. Effective date.

 JUSTIFICATION :

Nationwide, there are more than 85,000 individuals living day to day,
hoping for the chance to receive a viable organ donation. Last year,
6,184 people donated an organ in the United States according to the
Organ Procurement and Transplant Network. Of the organs donated 5,876
were kidney donations, with the remainder being partial donations of
the liver, pancreas or lungs. In the state of New York, there were
only 460 living donors. This left a substantial number of terminally
ill patients without the opportunity to receive an organ transplant.

A vast majority of citizens support organ donation (nearly 85%).
However less than half of those who support such a program have signed
their organ donor card. The exorbitant medical and other expenses
associated with a transplant procedure may prevent a suitable donor
from participating in an organ donation program.

Existing law provides for a tax deduction of up to $10,000 for organ
donation expenses for the organ donor related to transportation,
lodging and lost wages. However, donors who spend time recovering from
their transplant procedure may also incur expenses related to child
care. Further, donors often want their spouse to be with them at the
hospital during the transplant procedure or at home with the donor
during the recovery period, with the spouse possibly incurring
expenses for transportation, lodging, lost wages and child care.
Expansion of this tax deduction would ensure that organ donors are
with their loved ones while making the choice to save another person's
life through organ donation.

Additionally, the loss of employment is always a risk during long
recovery periods, this fear may prevent suitable donors from
participating. By offering these brave individuals the security that
their position would be waiting for them at the end of their recovery
would eliminate an additional hardship.
 LEGISLATIVE HISTORY :

2013-14: S1780-A - Investigations & Government Operations
2011-12: S5178/A1056 - Investigations & Government Operations/Held in
Ways & Means

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect sixty days after becoming law and shall
apply to taxable years commencing on or after such effective date.

2015-S7034 - Bill Text download pdf

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

                                  7034

                            I N  S E N A T E

                             March 17, 2016
                               ___________

Introduced by Sens. CARLUCCI, KENNEDY -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Investigations
  and Government Operations

AN ACT to amend the tax law, in relation to  the  donation  of  a  human
  organ;  and  to  amend  the  labor  law,  in  relation  to prohibiting
  discrimination against an individual who decides  to  donate  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, 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.
  (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;
  (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  2.  Subdivision  2  of  section 201-d of the labor law, as added by
chapter 776 of the laws of 1992, is amended to read as follows:
  2. Unless otherwise provided by law, it  shall  be  unlawful  for  any
employer  or  employment agency to refuse to hire, employ or license, or

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

                                                           LBD14726-01-6

S. 7034                             2

to discharge from employment or otherwise discriminate against an  indi-
vidual  in compensation, promotion or terms, conditions or privileges of
employment because of:
  a.  an individual's political activities outside of working hours, off
of the employer's premises and without use of the  employer's  equipment
or other property, if such activities are legal, provided, however, that
this paragraph shall not apply to persons whose employment is defined in
paragraph  six of subdivision (a) of section seventy-nine-h of the civil
rights law, and provided further that this paragraph shall not apply  to
persons  who  would  otherwise  be prohibited from engaging in political
activity pursuant to chapter 15 of title 5 and subchapter III of chapter
73 of title 5 of the USCA;
  b. an individual's legal use  of  consumable  products  prior  to  the
beginning  or after the conclusion of the employee's work hours, and off
of the employer's premises and without use of the  employer's  equipment
or other property;
  c.  an  individual's legal recreational activities outside work hours,
off of the employer's premises and without use of the employer's  equip-
ment or other property; [or]
  d.  an  individual's  membership  in a union or any exercise of rights
granted under Title 29, USCA, Chapter 7 or under article fourteen of the
civil service law; OR
  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 on the sixtieth  day  after  it  shall
have become a law.

co-Sponsors

2015-S7034A (ACTIVE) - Details

Current Committee:: Assembly Ways And Means
Law Section:: Tax Law
Laws Affected:: Amd §612, Tax L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1475
2019-2020: S514
2021-2022: S4477
2023-2024: S1864

2015-S7034A (ACTIVE) - Summary

Allows a taxpayer or the spouse of a taxpayer to deduct costs related to the taxpayer's organ donation; includes child care costs within such allowable costs.

2015-S7034A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7034A

 TITLE OF BILL :

An act to amend the tax law, in relation to the donation of a human
organ

 PURPOSE :

Expands the existing tax deduction of $10,000 for human organ
donations to make it easier for persons to donate organs without
worrying about expenses related to the transplant.

 SUMMARY OF PROVISIONS :

Section 1. Paragraph 38 of section 612 of the Tax Law is amended to
allow the spouse of a human organ donor to claim a deduction related
to transportation expenses, lost wages, and lodging expenses related
to the donor's transplant. In addition, paragraph 38 is amended to
include child care costs within the $10,000 deduction when such costs
are incurred by the organ donor and spouse of the organ donor in
relation to the transplant procedure.

Section 2. Effective date.

 JUSTIFICATION :

Nationwide, there are more than 85,000 individuals living day to day,
hoping for the chance to receive a viable organ donation. Last year,
6,184 people donated an organ in the United States according to the
Organ Procurement and Transplant Network. Of the organs donated 5,876
were kidney donations, with the remainder being partial donations of
the liver, pancreas or lungs. In the state of New York, there were
only 460 living donors. This left a substantial number of terminally
ill patients without the opportunity to receive an organ transplant.

A vast majority of citizens support organ donation (nearly 85%).
However less than half of those who support such a program have signed
their organ donor card. The exorbitant medical and other expenses
associated with a transplant procedure may prevent a suitable donor
from participating in an organ donation program.

Existing law provides for a tax deduction of up to $10,000 for organ
donation expenses for the organ donor related to transportation,
lodging and lost wages. However, donors who spend time recovering from
their transplant procedure may also incur expenses related to child
care. Further, donors often want their spouse to be with them at the
hospital during the transplant procedure or at home with the donor
during the recovery period, with the spouse possibly incurring
expenses for transportation, lodging, lost wages and child care.
Expansion of this tax deduction would ensure that organ donors are
with their loved ones while making the choice to save another person's
life through organ donation. Additionally, the loss of employment is
always a risk during long recovery periods, this fear may prevent
suitable donors from participating. By offering these brave
individuals the security that their position would be waiting for them
at the end of their recovery would eliminate an additional hardship.

 LEGISLATIVE HISTORY :

2013-14: S1780-A - Investigations & Government Operations
2011-12: S5178/A1056 - Investigations & Government Operations/Held in
Ways & Means

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect sixty days after becoming law and shall
apply to taxable years commencing on or after such effective date.

2015-S7034A (ACTIVE) - Bill Text download pdf

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

                                 7034--A

                            I N  S E N A T E

                             March 17, 2016
                               ___________

Introduced by Sens. CARLUCCI, KENNEDY -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Investigations
  and Government Operations -- reported favorably  from  said  committee
  and  committed  to  the  Committee on Finance -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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, 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.
  (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;
  (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 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14726-02-6

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Senate Bill S7034A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 9, 2016 - Floor Vote

Floor Vote: Jun 9, 2016

Jun 9, 2016 - Rules Committee Vote

Rules Committee Vote: Jun 9, 2016

Apr 5, 2016 - Investigations And Government Operations Committee Vote

Investigations And Government Operations Committee Vote: Apr 5, 2016

Bill Amendments

co-Sponsors

2015-S7034 - Details

2015-S7034 - Summary

2015-S7034 - Sponsor Memo

2015-S7034 - Bill Text download pdf

co-Sponsors

2015-S7034A (ACTIVE) - Details

2015-S7034A (ACTIVE) - Summary

2015-S7034A (ACTIVE) - Sponsor Memo

2015-S7034A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7034A

Share this bill

Sponsored By

David Carlucci

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Timothy M. Kennedy

2015-S7034 - Details

2015-S7034 - Summary

2015-S7034 - Sponsor Memo

2015-S7034 - Bill Text download pdf

co-Sponsors

Timothy M. Kennedy

2015-S7034A (ACTIVE) - Details

2015-S7034A (ACTIVE) - Summary

2015-S7034A (ACTIVE) - Sponsor Memo

2015-S7034A (ACTIVE) - Bill Text download pdf

Comments