Miami-Dade Legislative Item
File Number: 082354
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File Number: 082354 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1071-08 Control: Board of County Commissioners
File Name: LIVING ORGAN DONATIONS Introduced: 8/14/2008
Requester: NONE Cost: Final Action: 10/7/2008
Agenda Date: 10/7/2008 Agenda Item Number: 11A18
Notes: Title: RESOLUTION URGING CONGRESS TO PASS LEGISLATION FACILITATING LIVING ORGAN DONATIONS BY EXTENDING BENEFITS UNDER THE FAMILY MEDICAL LEAVE ACT TO COVERED EMPLOYEES WISHING TO DONATE ORGANS AND BY ALLOWING TAX CREDITS AND OTHER FINANCIAL INCENTIVES TO ASSIST DONORS IN OFFSETTING UNREIMBURSED COSTS OF DONATION
Indexes: LEGISLATURE
Sponsors: Sally A. Heyman, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 10/7/2008 11A18 Adopted P

Budget and Finance Committee 9/9/2008 2J Forwarded to BCC with a favorable recommendation P

County Attorney 8/14/2008 Referred Budget and Finance Committee 9/9/2008

County Attorney 8/14/2008 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION URGING CONGRESS TO PASS LEGISLATION FACILITATING LIVING ORGAN DONATIONS BY EXTENDING BENEFITS UNDER THE FAMILY MEDICAL LEAVE ACT TO COVERED EMPLOYEES WISHING TO DONATE ORGANS AND BY ALLOWING TAX CREDITS AND OTHER FINANCIAL INCENTIVES TO ASSIST DONORS IN OFFSETTING UNREIMBURSED COSTS OF DONATION

BODY
WHEREAS, while most organ and tissue donations occur after a donor has died, some organs and tissues can be donated while the donor is alive; and
WHEREAS, living donations have increased substantially in recent years, and about 6,000 living donations currently take place each year; and
WHEREAS, federal legislation encouraging living organ donation has been championed on a bipartisan basis for many years, culminating in the passage of the Organ Donation Improvement Act of 2001; and
WHEREAS, the Organ Donation Improvement Act of 2001 funded transportation and subsistence expenses incurred by donors and public education and outreach activities to promote the importance of organ donation; and
WHEREAS, according to the Transplants Professional Association, the two most common reasons now reported for eligible donors choosing not to donate was finances and employment issues; and
WHEREAS, bills have been filed in Congress, H.R. 2808 and H.R. 1035, to address both the financial and employment concerns; and
WHEREAS, H.R. 2808 would extend benefits under the Family Medical Leave Act (FMLA) to covered employees wishing to donate an organ, including (1) time spent for tests to determine medical sustainability of the employee for donation; (2) physical, psychological and social evaluations; (3) pre-transplant outpatient services; (4) post-transplant inpatient and outpatient transplantation services; (5) travel in connection with such tests, evaluations, and services; and (6) recuperation; and
WHEREAS, H.R. 1035 would create a tax credit in an amount not to exceed $5,000 for individuals donating a qualified life-saving organ, such as a kidney, liver, lung, pancreas, intestine, bone marrow or any part thereof, for unreimbursed costs and lost wages incurred by an organ donor in connection with a donation,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges Congress to pass H.R. 2808, H.R. 1035 or similar legislation that would facilitate living organ donations by extending benefits under the Family Medical Leave Act to covered employees wishing to donate organs and by allowing tax credits and other financial incentives to assist in offsetting unreimbursed costs of donation.
Section 2. Directs the Clerk of the Board to transmit certified copies of this resolution to the members of the Florida Congressional Delegation.
Section 3. Directs the County's federal lobbyists to advocate for the passage of the legislation set forth in Section 1 above, and directs the Office of Intergovernmental Affairs to include this item in the 2008 and 2009 Federal Legislative Packages.



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