SENATE BILL 251
55th legislature - STATE OF NEW MEXICO - first session, 2021
INTRODUCED BY
Gerald Ortiz y Pino
AN ACT
RELATING TO LICENSES; REQUIRING A SPACE ON LICENSE APPLICATION AND LICENSE RENEWAL FORMS FOR APPLICANTS TO STATE A DESIRE TO MAKE AN ANATOMICAL GIFT; REQUIRING THE MOTOR VEHICLE DIVISION OF THE TAXATION AND REVENUE DEPARTMENT TO MAINTAIN APPLICATIONS WITH THOSE COMPLETED STATEMENTS IN A STATEWIDE DONOR REGISTRY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 17, Article 3 NMSA 1978 is enacted to read:
"[NEW MATERIAL] DONOR REGISTRY.--
A. In addition to other requirements established for a blank application furnished by the director of the department of game and fish pursuant to Section 17-3-5 NMSA 1978, the director shall include on each blank application a space to show whether the applicant is a donor as provided in the Jonathan Spradling Revised Uniform Anatomical Gift Act.
B. The applicant may indicate the applicant's donor status on the space provided on the application if the applicant has not already marked the applicant's donor status on an application form for a driver's license pursuant to Section 66-5-10 NMSA 1978. If the applicant desires to be a new donor, the form shall be signed by the donor in the presence of a witness who shall also sign the form in the donor's presence.
C. The director of the department of game and fish shall, by January 1, 2022, include the following donor statement on each license application form:
"I,____________________________, hereby make an
(Name of applicant/donor)
anatomical gift effective upon my death. A
medical evaluation at the time of my death shall
determine the organs and tissues suitable for
donation.
____________________________________
(Signature of donor)
____________________________________
(Signature of parent or guardian is required if the donor is under fifteen years of age.)".
D. A license vendor that issues a hunting or fishing license pursuant to Chapter 17, Article 3 NMSA 1978 shall submit a copy of each application form or its image of a person who wishes to be a donor to the division.
E. The division shall maintain each application it receives from a license vendor pursuant to this section in the statewide donor registry that it maintains pursuant to Section 66-5-10 NMSA 1978. Authorized hospital or organ and tissue donor program personnel, immediately prior to or after a donor's death, may request verification of the donor's status from the division and may obtain a copy of the application from the division.
F. For the purposes of this section, "division" means the motor vehicle division of the taxation and revenue department."
SECTION 2. A new section of the Concealed Handgun Carry Act is enacted to read:
"[NEW MATERIAL] DONOR REGISTRY.--
A. The department shall include on any concealed handgun license application form or concealed handgun license renewal application form a space to show whether the applicant is a donor as provided in the Jonathan Spradling Revised Uniform Anatomical Gift Act.
B. The applicant may indicate the applicant's donor status on the space provided on the application if the applicant has not already marked the applicant's donor status on an application form for a driver's license pursuant to Section 66-5-10 NMSA 1978. If the applicant desires to be a new donor, the form shall be signed by the donor in the presence of a witness who shall also sign the form in the donor's presence.
C. The department shall, by January 1, 2022, include the following donor statement on each concealed handgun license application form and concealed handgun license renewal application form:
"I,____________________________, hereby make an
(Name of applicant/donor)
anatomical gift effective upon my death. A
medical evaluation at the time of my death shall
determine the organs and tissues suitable for
donation.
____________________________________
(Signature of donor)
____________________________________
(Signature of parent or guardian is required if the donor is under fifteen years of age.)".
D. The department shall submit a copy of each application form that has a completed donor statement to the division.
E. The division shall maintain each application it receives from the department pursuant to this section in the statewide donor registry that it maintains pursuant to Section 66-5-10 NMSA 1978. Authorized hospital or organ and tissue donor program personnel, immediately prior to or after a donor's death, may request verification of the donor's status from the division and may obtain a copy of the application from the division.
F. For the purposes of this section, "division" means the motor vehicle division of the taxation and revenue department."
SECTION 3. Section 29-19-5 NMSA 1978 (being Laws 2003, Chapter 255, Section 5, as amended) is amended to read:
"29-19-5. APPLICATION FORM--SCREENING OF APPLICANTS--FEE--LIMITATIONS ON LIABILITY.--
A. [Effective July 1, 2003] Applications for concealed handgun licenses shall be made readily available at locations designated by the department. Applications for concealed handgun licenses shall be completed, under penalty of perjury, on a form designed and provided by the department and shall include:
(1) the applicant's name, current address, date of birth, place of birth, social security number, height, weight, gender, hair color, eye color and driver's license number or other state-issued identification number;
(2) a statement that the applicant is aware of, understands and is in compliance with the requirements for licensure set forth in the Concealed Handgun Carry Act;
(3) a statement that the applicant has been furnished a copy of the Concealed Handgun Carry Act and is knowledgeable of its provisions; [and]
(4) a conspicuous warning that the application form is executed under penalty of perjury and that a materially false answer or the submission of a materially false document to the department may result in denial or revocation of a concealed handgun license and may subject the applicant to criminal prosecution for perjury as provided in Section 30-25-1 NMSA 1978; and
(5) a space, as required by Section 2 of this 2021 act, to show whether the applicant is a donor as provided in the Jonathan Spradling Revised Uniform Anatomical Gift Act.
B. The applicant shall submit to the department:
(1) a completed application form;
(2) a nonrefundable application fee in an amount not to exceed one hundred dollars ($100);
(3) two full sets of fingerprints;
(4) a certified copy of a certificate of completion for a firearms training course approved by the department;
(5) two color photographs of the applicant;
(6) a certified copy of a birth certificate or proof of United States citizenship, if the applicant was not born in the United States; and
(7) proof of residency in New Mexico.
C. A law enforcement agency may fingerprint an applicant and may charge a reasonable fee.
D. Upon receipt of the items listed in Subsection B of this section, the department shall make a reasonable effort to determine if an applicant is qualified to receive a concealed handgun license. The department shall conduct an appropriate check of available records and shall forward the applicant's fingerprints to the federal bureau of investigation for a national criminal background check. The department shall comply with the license-issuing requirements set forth in Section 29-19-7 NMSA 1978. However, the department shall suspend or revoke a license if the department receives information that would disqualify an applicant from receiving a concealed handgun license after the thirty-day time period has elapsed.
E. A state or local government agency shall comply with a request from the department pursuant to the Concealed Handgun Carry Act within thirty days of the request."
SECTION 4. A new section of the Uniform Licensing Act is enacted to read:
"[NEW MATERIAL] LICENSE APPLICATION OR RENEWAL FORMS-- ANATOMICAL GIFT DONOR REGISTRY.--
A. Each board shall include on any license application form or license renewal application form it issues a space to show whether the applicant is a donor as provided in the Jonathan Spradling Revised Uniform Anatomical Gift Act.
B. The applicant may indicate the applicant's donor status on the space provided on the application if the applicant has not already marked the applicant's donor status on an application form for a driver's license pursuant to Section 66-5-10 NMSA 1978. If the applicant desires to be a new donor, the form shall be signed by the donor in the presence of a witness who shall also sign the form in the donor's presence.
C. Each board that issues a license shall, by January 1, 2022, include the following donor statement on each license application and license renewal form:
"I,____________________________, hereby make an
(Name of applicant/donor)
anatomical gift effective upon my death. A
medical evaluation at the time of my death shall
determine the organs and tissues suitable for
donation.
____________________________________
(Signature of donor)
____________________________________
(Signature of parent or guardian is required if the donor is under fifteen years of age.)".
D. Each board that issues a license pursuant to the Uniform Licensing Act shall submit a copy of each application form that has a completed donor statement to the division.
E. The division shall maintain each application it receives from a board pursuant to this section in the statewide donor registry that it maintains pursuant to Section 66-5-10 NMSA 1978. Authorized hospital or organ and tissue donor program personnel, immediately prior to or after a donor's death, may request verification of the donor's status from the division and may obtain a copy of the application from the division.
F. For the purposes of this section, "division" means the motor vehicle division of the taxation and revenue department."
SECTION 5. A new section of the Optometry Act is enacted to read:
"[NEW MATERIAL] LICENSE APPLICATION AND RENEWAL FORMS--SPACE FOR ANATOMICAL GIFT DONATION.--A license application form or license renewal application form issued by the board shall include a space, as required by the Uniform Licensing Act, to show whether the applicant is a donor as provided in the Jonathan Spradling Revised Uniform Anatomical Gift Act. The board shall submit a copy of each form for which that space is completed to the motor vehicle division of the taxation and revenue department for inclusion as part of its statewide donor registry pursuant to Section 66-5-10 NMSA 1978."
SECTION 6. A new section of the Nursing Practice Act is enacted to read:
"[NEW MATERIAL] LICENSE APPLICATION AND RENEWAL FORMS--SPACE FOR ANATOMICAL GIFT DONATION.--A license application form or license renewal application form issued by the board shall include a space, as required by the Uniform Licensing Act, to show whether the applicant is a donor as provided in the Jonathan Spradling Revised Uniform Anatomical Gift Act. The board shall submit a copy of each form for which that space is completed to the motor vehicle division of the taxation and revenue department for inclusion as part of its statewide donor registry pursuant to Section 66-5-10 NMSA 1978."
SECTION 7. A new section of the Chiropractic Physician Practice Act is enacted to read: