S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1705
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 14, 2015
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN ACT to amend  the  public  health  law,  in  relation  to  sales  and
         purchases of human organs
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 4307 of the public health law,  as
    2  amended  by  chapter  362  of  the  laws  of 2009, is amended to read as
    3  follows:
    4    1. It shall be unlawful for any person to knowingly acquire,  receive,
    5  or otherwise transfer for valuable consideration any human organ for use
    6  in  human  transplantation. The term human organ means the human kidney,
    7  liver, heart, lung, bone marrow, and any other human organ or tissue  as
    8  may  be designated by the commissioner but shall exclude blood. The term
    9  "valuable consideration" does not include the reasonable payments  asso-
   10  ciated with the removal, transportation, implantation, processing, pres-
   11  ervation,  quality control, and storage of a human organ or the expenses
   12  of travel, housing, and lost wages incurred by  the  donor  of  a  human
   13  organ  in  connection  with  the  donation  of the organ. Any person who
   14  violates this section shall be guilty of  a  class  E  felony  FOR  EACH
   15  INSTANCE OF SALE.
   16    S  2.  This  act  shall  take effect one the one hundred twentieth day
   17  after it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02031-01-5