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

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 of2006, 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 §431 0 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

New Bill.

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, 2011.