SB0251

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.

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.

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:

SECTION 7. A new section of the Chiropractic Physician Practice Act is enacted to read:

SECTION 8. A new section of the Dental Health Care Act is enacted to read:

SECTION 9. A new section of the Medical Practice Act is enacted to read:

SECTION 10. A new section of the Genetic Counseling Act is enacted to read:

SECTION 11. A new section of the Polysomnography Practice Act is enacted to read:

SECTION 12. A new section of the Nutrition and Dietetics Practice Act is enacted to read:

SECTION 13. A new section of the Podiatry Act is enacted to read:

SECTION 14. A new section of the Professional Psychologist Act is enacted to read:

SECTION 15. A new section of the Counseling and Therapy Practice Act is enacted to read:

SECTION 16. A new section of the Osteopathic Medicine Act is enacted to read:

SECTION 17. A new section of the Pharmacy Act is enacted to read:

SECTION 18. A new section of the Occupational Therapy Act is enacted to read:

SECTION 19. A new section of the Respiratory Care Act is enacted to read:

SECTION 20. A new section of the Massage Therapy Practice Act is enacted to read:

SECTION 21. A new section of the Physical Therapy Act is enacted to read:

SECTION 22. A new section of the Naprapathic Practice Act is enacted to read:

SECTION 23. A new section of the Nursing Home Administrators Act is enacted to read:

SECTION 24. A new section of the Veterinary Practice Act is enacted to read:

SECTION 25. A new section of the Acupuncture and Oriental Medicine Practice Act is enacted to read:

SECTION 26. A new section of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act is enacted to read:

SECTION 27. A new section of the Athletic Trainer Practice Act is enacted to read:

SECTION 28. A new section of the Medical Imaging and Radiation Therapy Health and Safety Act is enacted to read:

SECTION 29. A new section of the Uniform Athlete Agents Act is enacted to read:

"[NEW MATERIAL] CERTIFICATE APPLICATION AND RENEWAL FORMS--SPACE FOR ANATOMICAL GIFT DONATION.--A certificate application form or certificate renewal application form issued by the secretary 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 secretary 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 30. A new section of the Architectural Act is enacted to read:

"[NEW MATERIAL] CERTIFICATE APPLICATION AND RENEWAL FORMS--SPACE FOR ANATOMICAL GIFT DONATION.--A certificate application form or certificate 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 31. A new section of the Barbers and Cosmetologists Act is enacted to read:

SECTION 32. A new section of the Body Art Safe Practices Act is enacted to read:

SECTION 33. A new section of the Engineering and Surveying Practice Act is enacted to read:

SECTION 34. A new section of the Landscape Architects Act is enacted to read:

"[NEW MATERIAL] CERTIFICATE APPLICATION AND RENEWAL FORMS--SPACE FOR ANATOMICAL GIFT DONATION.--A certificate application form or certificate 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 35. A new section of the Interior Designers Act is enacted to read:

SECTION 36. A new section of the Home Inspector Licensing Act is enacted to read:

SECTION 37. A new section of the Private Investigations 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 department 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 department 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 38. A new section of the 1999 Public Accountancy Act is enacted to read:

"[NEW MATERIAL] CERTIFICATE APPLICATION AND RENEWAL FORMS--SPACE FOR ANATOMICAL GIFT DONATION.--A certificate application form or certificate 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 39. A new section of Chapter 61, Article 29 NMSA 1978 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 commission 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 commission 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 40. A new section of the Real Estate Appraisers Act is enacted to read:

SECTION 41. A new section of the Social Work Practice Act is enacted to read:

SECTION 42. A new section of the Funeral Services Act is enacted to read:

SECTION 43. A new section of the Utility Operators Certification Act is enacted to read:

SECTION 44. A new section of the Signed Language Interpreting Practices Act is enacted to read:

SECTION 45. A new section of the Lactation Care Provider Act is enacted to read:

SECTION 46. EFFECTIVE DATE.--The effective date of the provisions of Section 3 of this act is January 1, 2022.

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