North Carolina 2021-2022 Session Status: Passed House Bipartisan · 16 D · 6 R · 2 I cosponsors

HB 71 — Living Donor Protection Act.

Last action — Regular Message Received From House

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

84 added · 82 removed

Plain-language change summary

The latest version of HB 71 introduces a new section that provides tax credits for individuals who donate organs while alive, which will help alleviate the financial burden associated with the donation process. It includes definitions for key terms like "human organ" and "live organ donation expenses," clarifying what qualifies for the tax credit, such as related travel and lodging costs. This change is important because it encourages more people to consider organ donation by reducing the personal financial impact, potentially increasing the number of organs available for transplant.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 2 HOUSE BILL 71 Committee Substitute Favorable 3/2/21 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 71 Short Title:
Representatives Shepard, Hurley, Morey, and Potts (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
February 15, 2021 A BILL TO BE ENTITLED AN ACT TO PROTECT LIVING DONORS FROM POTENTIAL INSURANCE DISCRIMINATION, TO PROVIDE AN INCOME TAX CREDIT FOR UNREIMBURSED MEDICAL EXPENSES RESULTING FROM CERTAIN ORGAN AND MARROW DONATIONS, AND TO PROVIDE UP TO THIRTY DAYS' PAID LEAVE TO STATE EMPLOYEES AND OTHER STATE-SUPPORTED PERSONNEL WHO SERVE AS LIVING ORGAN DONORS AND UP TO SEVEN DAYS' PAID LEAVE FOR BONE MARROW DONORS.
Health, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House February 15, 2021 A BILL TO BE ENTITLED AN ACT TO PROTECT LIVING DONORS FROM POTENTIAL INSURANCE DISCRIMINATION, TO PROVIDE AN INCOME TAX CREDIT FOR UNREIMBURSED MEDICAL EXPENSES RESULTING FROM CERTAIN ORGAN AND MARROW DONATIONS, AND TO PROVIDE UP TO THIRTY DAYS' PAID LEAVE TO STATE EMPLOYEES AND OTHER STATE-SUPPORTED PERSONNEL WHO SERVE AS LIVING ORGAN DONORS AND UP TO SEVEN DAYS' PAID LEAVE FOR BONE MARROW DONORS.
For the purposes of this subsection, the phrase "a living organ donor" shall mean a living individual who donates one or more of that individual's human organs, including bone marrow, to be medically transplanted into the body of another individual." SECTION 1.(b) G.S.
For the purposes of this subsection, the phrase "a living organ donor" shall mean a living individual who donates one or more of that individual's human organs, including bone marrow, to another individual to be transplanted using a medical procedure to the body of that other individual." SECTION 1.(b) G.S.
(1) Human organ.
*H71-v-1* General Assembly Of North Carolina Session 2021 (1) Human organ.
*H71-v-2* General Assembly Of North Carolina Session 2021 (2) Live organ donation.
(2) Live organ donation.
– The total amount of expenses, including travel, lodging, and lost wages, incurred by a taxpayer that are not reimbursed to that taxpayer by any person and that are directly related to a live organ donation bythetaxpayer oranotherindividualthetaxpayeris allowedto claim as a dependent in accordance with section 151 of the Code.
– The total amount of expenses, including travel, lodging, and lost wages, incurred by a taxpayer that are not reimbursed to that taxpayer by any person and that are directly related to a live organ donation bythetaxpayer oranotherindividual thetaxpayeris allowed to claim as a dependent in accordance with section 151 of the Code.
(d) Applicability.
Page 2 House Bill 71-First Edition General Assembly Of North Carolina Session 2021 (d) Applicability.
– This section applies to all (i) State employees and (ii) State-supported personnel, with the appropriate governingboard adopting rules and policies to provide paid leave for organ donation to its employees as provided by this section.
– This section applies to all (i) State employees and (ii) State-supported personnel, with the appropriate governingboard adoptingrules and policies to provide paid leave for organ donation to its employees as provided by this section.
Page 2 House Bill 71-Second Edition General Assembly Of North Carolina Session 2021 (e) Reporting.
(e) Reporting.
126-8.6 shall apply to all State employees, public school employees, and community college employees." 9 PART IV.
126-8.6 shall apply to all State employees, public school employees, and community college employees." PART IV.
House Bill 71-Second Edition Page 3
House Bill 71-First Edition Page 3
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How this bill changes current law

5 changes Share ↗

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill adds new protections for living organ donors regarding insurance discrimination, establishes a tax credit for expenses related to organ donations, and provides paid leave for state employees who are organ donors.

  • G.S. 131E-294

    (4) Antidiscrimination (G.S. 58-3-25(b) and (c), (G.S. 58-3-25, 58-3-120, 58-63-15(7), and 58-67-75);

    This change adds language to include protections against insurance discrimination for living organ donors.

  • G.S. 105-153.11

    § 105-153.11. Credit for live organ donation. (a) Definitions. – The following definitions apply in this section: (1) Human organ. – Human bone marrow or any organ of a human, including the intestine, kidney, liver, lung, or pancreas. (2) Live organ donation. – A donation by a living individual of one or more of the individual's human organs to another human to be transplanted using a medical procedure to the body of another individual. (3) Live organ donation expenses. – The total amount of the expenses listed in this subdivision that are incurred by the taxpayer, that are directly related to a live organ donation, and that are not reimbursed to the taxpayer by any person. An expense is 'directly related' if it is incurred due to a live organ donation procedure or due to evaluation, recovery, follow-up visits, or rehospitalization associated with a live organ donation procedure. The expenses are: a. Lost wages. b. Transportation, lodging, and meals. (b) Credit. – A taxpayer who makes a live organ donation or who is allowed to claim as a dependent a person who makes a live organ donation is allowed a credit against the tax imposed by this Part equal to the lesser of the live organ donation expenses or five thousand dollars ($5,000). For the purposes of this section, 'dependent' means a qualifying child or qualifying relative as defined in section 152 of the Code. (c) Limitation. – The credit allowed under this section may not exceed the amount of tax imposed by this Part for the taxable year reduced by the sum of all other credits allowable, except tax payment made by or on behalf of the taxpayer. (d) Carryforward. – Any unused portion of a credit allowed in this section may be carried forward for the succeeding five years.

    This addition creates a new tax credit for individuals who incur expenses related to live organ donations.

  • G.S. 105-153.5(a)

    No deduction is allowed for live organ donation expenses for which a credit was taken under G.S. 105-153.11.

    This removal ensures that individuals cannot claim both a tax credit and a deduction for the same live organ donation expenses.

  • G.S. 126-8.6

    § 126-8.6. Paid leave for State employees and State-supported personnel for organ donation. (a) Full-Time Employees. – The State Human Resources Commission shall adopt rules and policies to provide that a permanent, full-time State employee may take, in addition to any other leave available to the employee, up to (i) 30 days of paid leave for the purposes of serving as a living organ donor and (ii) seven days for serving as a bone marrow donor. The employee must have been continuously employed by the State for at least 12 months immediately preceding the first request for paid organ or bone marrow donation leave. (b) Part-Time Employees. – The State Human Resources Commission shall adopt rules and policies to provide that a permanent, part-time State employee may take, in addition to any other leave available to the employee, a prorated amount of up to (i) 30 days of paid leave for the purposes of serving as a living organ donor and (ii) seven days for serving as a bone marrow donor. The employee must have been continuously employed by the State for at least 12 months immediately preceding the first request for paid organ or bone marrow donation leave.

    This addition provides up to 30 days of paid leave to state employees who are living organ donors and seven days for bone marrow donors.

  • G.S. 126-5(c17)

    (c17) The provisions of G.S. 126-8.6 shall apply to all State employees, public school employees, and community college employees.

    This addition extends the paid leave provisions for organ donation to public school and community college employees.

Action History

  1. Regular Message Received From House

  2. Passed 1st Reading

  3. Ref To Com On Rules and Operations of the Senate

  4. Regular Message Sent To Senate

  5. Reptd Fav

  6. Cal Pursuant Rule 36(b)

  7. Added to Calendar

  8. Passed 2nd Reading

  9. Passed 3rd Reading

  10. Reptd Fav Com Sub 3

  11. Re-ref Com On Rules, Calendar, and Operations of the House

  12. Reptd Fav Com Sub 2

  13. Re-ref Com On Insurance

  14. Serial Referral To Rules, Calendar, and Operations of the House Stricken

  15. Serial Referral To Insurance Added

  16. Serial Referral To Rules, Calendar, and Operations of the House Added

  17. Reptd Fav Com Substitute

  18. Re-ref Com On Finance

  19. Passed 1st Reading

  20. Ref to the Com on Health, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House

  21. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 31 co-sponsors · 145 not signed on

Sponsors (3)

Co-sponsors (31)

Not signed on (145)

145 members have not signed on to this bill.

Show all 145 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Second Reading

Passed 105 Yea · 0 Nay · 15 Other
Party YeaNayPresentNot Voting
Democratic 24003
Republican 42004
Unaffiliated 39006
U 0002
Total 1050015
% of votes cast 88%0%0%13%
How each member voted (120)
Member Party Vote
Autry — Yea
Clemmons — Yea
Cooper-Suggs — Yea
Farkas — Yea
Fisher — Yea
Gailliard — Yea
Garrison — Yea
Gill — Yea
Graham — Yea
Harris — Yea
Hunt — Yea
Hunter — Yea
Hurtado — Yea
Insko — Yea
Lucas — Yea
Martin — Yea
Richardson — Yea
Terry — Yea
vonHaefen — Yea
Wray — Yea
Boles — Yea
Bradford — Yea
Cleveland — Yea
Davis — Yea
Elmore — Yea
Faircloth — Yea
Hardister — Yea
Hurley — Yea
Johnson — Yea
McNeill — Yea
Moore — Yea
Rogers — Yea
Saine — Yea
Szoka — Yea
Zachary — Yea
Sasser — Not Voting
Bumgardner — Not Voting
Carter — Not Voting
McElraft — Not Voting
Mills — Not Voting
Yarborough — Not Voting
C. Smith — Yea
K. Baker — Yea
K. Smith — Yea
R. Smith — Yea
Abe Jones Democratic Yea
Allison A. Dahle Democratic Yea
Amber M. Baker Democratic Not Voting
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Yea
Carolyn G. Logan Democratic Yea
Cecil Brockman Democratic Not Voting
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Not Voting
James Roberson Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Terence Everitt Democratic Yea
Terry M. Brown Jr. Democratic Yea
Vernetta Alston Democratic Yea
Zack Hawkins Democratic Yea
Ben T. Moss, Jr. Republican Yea
Bobby Hanig Republican Yea
Brenden H. Jones Republican Yea
Charles W. Miller Republican Yea
Chris Humphrey Republican Yea
David Willis Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Diane Wheatley Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Dudley Greene Republican Yea
Edward C. Goodwin Republican Yea
Erin Paré Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Howard Penny, Jr. Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Not Voting
Jeff Zenger Republican Yea
Jeffrey C. McNeely Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Not Voting
Karl E. Gillespie Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Not Voting
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mark Pless Republican Yea
Matthew Winslow Republican Not Voting
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Ray Pickett Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Steve Tyson Republican Yea
Timothy D. Moffitt Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Not Voting
Nasif Majeed U Not Voting

Official roll call →

Subjects

healthcare labor health-insurance
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Frequently asked questions

Who sponsors HB 71?
HB 71 is sponsored by Dante Pittman (Democratic), R. Smith, Phil Shepard (Republican), Hurley, Marcia Morey (Democratic), Larry W. Potts (Republican), Adcock, Vernetta Alston (Democratic), Autry, Cynthia Ball (Democratic), Mary Belk (Democratic), Deb Butler (Democratic), Becky Carney (Democratic), Carla D. Cunningham (U), Allison A. Dahle (Democratic), Farkas, Fisher, Gailliard, Harris, Pricey Harrison (Democratic), Zack Hawkins (Democratic), Hunt, Carolyn G. Logan (Democratic), Nasif Majeed (U), Timothy D. Moffitt (Republican), Ray Pickett (Republican), Amos L. Quick, III (Democratic), Sasser, Larry C. Strickland (Republican), Brian Turner (Democratic), Harry Warren (Republican), Joe John (Democratic), Cecil Brockman (Democratic), and Eric Ager (Democratic).
What is the current status of HB 71?
This bill died with 2021-2022 Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 71?
Track HB 71 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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