Relates to establishing the New York state organ donation tax credit.
BILL NUMBER: S7722
TITLE OF BILL :
An act to amend the tax law, in relation to establishing the New York state organ donation tax credit
To improve the process by which the Department of Motor Vehicles solicits, registers and enrolls individuals to become members of the New York State Organ and Tissue Registry.
SUMMARY OF PROVISIONS :
Creates subdivision (qq) of the tax law that creates the New York State Organ Donation Tax Credit.
According to the New York State Organ Donor Network, New York State currently has the lowest Donor Designation Rate (DDR) in the United States. In total, only 11% of eligible donors are currently enrolled in The New York State Organ and Tissue Registry. This number starkly contrasts to the national average of 43%. In some states, such as Utah and Iowa, the DDR ranges between 65-70%.
This bill will give a $1,000 tax credit to individuals who have given an organ or tissue donation or an "anatomical gift," as defined by Public Health Law. The abysmally low number of donors currently in the registry creates long wait lists and unneeded pain to patients and their loved ones, By encouraging the donation of organs with a tax credit we will hopefully increase the number of individuals registered to donate and thereby diminish the long wait lists that plague the registry.
LEGISLATIVE HISTORY : New Bill.
FISCAL IMPLICATIONS :
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7722 IN SENATE May 5, 2010 ___________Introduced by Sens. DUANE, SQUADRON -- 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 establishing the New York state organ donation tax credit THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 606 of the tax law is amended by adding a new subsection (qq) to read as follows: (QQ) NEW YORK STATE ORGAN DONATION TAX CREDIT. (1) ALLOWANCE OF CRED- IT. FOR TAXABLE YEARS BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, A RESIDENT TAXPAYER WHO MAKES AN ANATOMICAL GIFT PURSUANT TO ARTICLE FORTY-THREE OF THE PUBLIC HEALTH LAW SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE EQUAL TO ONE THOUSAND DOLLARS. (2) DEFINITIONS. FOR PURPOSES OF THIS SECTION "DELIVERY" SHALL MEAN THE DATE ON WHICH THE DONOR UNDERGOES THE MEDICAL PROCEDURE REQUIRED FOR DONATION. (3) CARRYOVER. IF THE AMOUNT OF THE CREDIT, AND CARRYOVERS OF SUCH CREDIT, ALLOWABLE UNDER THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, SUCH EXCESS AMOUNT MAY BE CARRIED OVER TO THE FIVE TAXABLE YEARS NEXT FOLLOWING THE TAXABLE YEAR WITH RESPECT TO WHICH THE CREDIT IS ALLOWED AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS. (4) MARRIED INDIVIDUALS. IN THE CASE OF MARRIED INDIVIDUALS FILING JOINTLY, THE CREDIT SHALL BE EQUAL TO ONE THOUSAND DOLLARS PER ANATOM- ICAL GIFT PER INDIVIDUAL. THE MAXIMUM ALLOWANCE AVAILABLE SHALL BE TWO THOUSAND DOLLARS AND ONLY IN THE CASE OF GIFTS MADE IN THE SAME TAXABLE YEAR BY TWO MARRIED INDIVIDUALS FILING JOINTLY. IN THE CASE OF MARRIED INDIVIDUALS FILING SEPARATELY, THE CREDIT MAY ONLY BE CLAIMED BY THE INDIVIDUAL THAT HAS MADE SUCH ANATOMICAL GIFT. (5) LIMITATIONS. THIS CREDIT MAY ONLY BE CLAIMED FOR THE TAXABLE YEAR IN WHICH THE GIFT WAS DELIVERED PURSUANT TO THE DELIVERY REQUIREMENTS OF THIS SECTION AND ONLY BY THE DONOR OF SUCH ANATOMICAL GIFT. THIS CREDIT MAY ONLY BE CLAIMED ONCE.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16547-01-0 S. 7722 2
(6) UMBILICAL CORD AND BLOOD DONATION. NEITHER UMBILICAL CORD DONATION NOR THE DONATION OF BLOOD SHALL CONSTITUTE AN ANATOMICAL GIFT UNDER THIS SECTION. S 2. This act shall take effect immediately.