(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 497–Assemblymen Gibbons, Leslie, Giunchigliani, Buckley, McClain, Anderson, Brown, Cegavske, de Braga, Freeman, Hettrick, Humke, Smith and Tiffany

 

March 19, 2001

____________

 

Joint Sponsors: Senators Rawson and O’Donnell

____________

 

Referred to Committee on Health and Human Services

 

SUMMARY—Revises provisions relating to anatomical gifts. (BDR 40‑1210)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to anatomical gifts; requiring the bureau of consumer protection in the office of the attorney general to establish certain programs relating to anatomical gifts; creating the anatomical gift account; requiring the department of motor vehicles and public safety to provide certain information to a holder of a driver’s license or an identification card issued by the department who wishes to make an anatomical gift; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 460 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 7, inclusive, of this act.

1-3    Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless the

1-4  context otherwise requires, the words and terms defined in sections 3, 4

1-5  and 5 have the meanings ascribed to them in those sections.

1-6    Sec. 3.  “Anatomical gift” has the meaning ascribed to it in NRS

1-7  451.513.

1-8    Sec. 4.  “Bureau” means the bureau of consumer protection in the

1-9  office of the attorney general.

1-10    Sec. 5.  “Consumer’s advocate” means the consumer’s advocate of

1-11  the bureau of consumer protection.

1-12    Sec. 6.  1.  The bureau shall:

1-13    (a) Establish and carry out educational programs relating to

1-14  anatomical gifts;

2-1    (b) Establish and carry out local and statewide programs to

2-2  acknowledge publicly families of donors;

2-3    (c) Prepare and distribute information relating to anatomical gifts;

2-4  and

2-5    (d) If the consumer’s advocate determines that there is sufficient

2-6  money in the anatomical gift account created by section 7 of this act, pay

2-7  the costs for the transplantation of an organ or tissue, including the cost

2-8  for any medicine required as a result of the transplantation.

2-9    2.  As used in this section, “donor” has the meaning ascribed to it in

2-10  NRS 451.525.

2-11    Sec. 7.  1.  The bureau may apply for and accept any gifts, grants,

2-12  appropriations or donations to assist the bureau in carrying out

2-13  programs relating to anatomical gifts.

2-14    2.  Any money received by the bureau for programs relating to

2-15  anatomical gifts must be deposited in the state treasury for credit to the

2-16  anatomical gift account which is hereby created in the state general

2-17  fund. The consumer’s advocate shall administer the account.

2-18    3.  The money in the account must only be used to:

2-19    (a) Carry out the provisions of section 6 of this act; and

2-20    (b) Pay the costs, not to exceed 5 percent of the average balance of the

2-21  account for each fiscal year, incurred by the bureau to administer

2-22  programs relating to anatomical gifts.

2-23    4.  The money in the account must:

2-24    (a) Be invested as money in other state accounts is invested; and

2-25    (b) Remain in the account and does notrevert to the state general

2-26  fund at the end of any fiscal year.

2-27    5.  Each claim against the account must be:

2-28    (a) Approved by the consumer’s advocate before the claim is paid; and

2-29    (b) Paid as other claims against the state are paid.

2-30    Sec. 8.  NRS 483.340 is hereby amended to read as follows:

2-31    483.340  1.  The department shall , upon payment of the required fee ,

2-32  issue to every qualified applicant a driver’s license indicating the type or

2-33  class of vehicles the licensee may drive. The license must bear a unique

2-34  number assigned to the licensee pursuant to NRS 483.345, the licensee’s

2-35  social security number, if he has one, unless he requests that it not appear

2-36  on the license, the full name, date of birth, mailing address[,] and a brief

2-37  description of the licensee, and a space upon which the licensee shall write

2-38  his usual signature in ink immediately upon receipt of the license. A

2-39  license is not valid until it has been so signed by the licensee.

2-40    2.  The department may issue a driver’s license for purposes of

2-41  identification only for use by officers of local police and sheriffs’

2-42  departments, agents of the investigation division of the department while

2-43  engaged in special undercover investigations relating to narcotics or

2-44  prostitution or for other undercover investigations requiring the

2-45  establishment of a fictitious identity, federal agents while engaged in

2-46  undercover investigations, investigators employed by the attorney general

2-47  while engaged in undercover investigations and agents of the state gaming

2-48  control board while engaged in investigations pursuant to NRS 463.140.

2-49  An application for such a license must be made through the head of the

3-1  police or sheriff’s department, the chief of the investigation division, the

3-2  director of the appropriate federal agency, the attorney general or the

3-3  chairman of the state gaming control board. Such a license is exempt from

3-4  the fees required by NRS 483.410. The department, by regulation, shall

3-5  provide for the cancellation of any such driver’s license upon the

3-6  completion of the special investigation for which it was issued.

3-7    3.  Information pertaining to the issuance of a driver’s license pursuant

3-8  to subsection 2 is confidential.

3-9    4.  It is unlawful for any person to use a driver’s license issued pursuant

3-10  to subsection 2 for any purpose other than the special investigation for

3-11  which it was issued.

3-12    5.  At the time of the issuance or renewal of the driver’s license, the

3-13  department shall [give] :

3-14    (a) Give the holder the opportunity to indicate on his driver’s license

3-15  that he wishes to be a donor of all or part of his body pursuant to NRS

3-16  451.500 to 451.590, inclusive, or that he refuses to make an anatomical gift

3-17  of his body or part of his body[.] ;

3-18    (b) Give the holder the opportunity to indicate whether he wishes to

3-19  donate $1 or more to the anatomical gift account created by section 7 of

3-20  this act; and

3-21    (c) Provide to each holder who is interested in becoming a donor

3-22  information relating to anatomical gifts, including the procedure for

3-23  registration as a donor with The Living Bank International or its

3-24  successor organization.

3-25    6.  If the holder wishes to make a donation to the anatomical gift

3-26  account, the department shall collect the donation and deposit the money

3-27  collected in the state treasury for credit to the anatomical gift account.

3-28    7.  The department shall submit to The Living Bank International, or

3-29  its successor organization, information from the records of the

3-30  department relating to persons who have drivers’ licenses that indicate

3-31  the intention of those persons to make an anatomical gift. The

3-32  department shall adopt regulations to carry out the provisions of this

3-33  subsection.

3-34    Sec. 9.  NRS 483.410 is hereby amended to read as follows:

3-35    483.410  1.  Except as otherwise provided in subsection 6, for every

3-36  driver’s license, including a motorcycle driver’s license, issued and service

3-37  performed , the following fees must be charged:

 

3-38  A license issued to a person 65 years of age or older........................................ $14

3-39  An original license issued to any other person.................................................. 19

3-40  A renewal license issued to any other person.................................................. 19

3-41  Reinstatement of a license after suspension, revocation or

3-42  cancellation, except a revocation for a violation of NRS

3-43  484.379 or 484.3795 or pursuant to NRS 484.384 and

3-44  484.385............................................... 40

3-45  Reinstatement of a license after revocation for a violation of

3-46  NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and

3-47  484.385............................................... 65

4-1  A new photograph, change of name, change of other

4-2  information, except address, or any combination........................................... 5

4-3  A duplicate license................................ 14

 

4-4    2.  For every motorcycle endorsement to a driver’s license , a fee of $5

4-5  must be charged.

4-6    3.  If no other change is requested or required, the department shall not

4-7  charge a fee to convert the number of a license from the licensee’s social

4-8  security number, or a number that was formulated by using the licensee’s

4-9  social security number as a basis for the number, to a unique number that is

4-10  not based on the licensee’s social security number.

4-11    4.  The increase in fees authorized by NRS 483.347 and the fees

4-12  charged pursuant to NRS 483.383 and 483.415 must be paid in addition to

4-13  the fees charged pursuant to subsections 1 and 2.

4-14    5.  A penalty of $10 must be paid by each person renewing his license

4-15  after it has expired for a period of 30 days or more as provided in NRS

4-16  483.386 unless he is exempt pursuant to that section.

4-17    6.  The department may not charge a fee for the reinstatement of a

4-18  driver’s license that has been:

4-19    (a) Voluntarily surrendered for medical reasons; or

4-20    (b) Canceled pursuant to NRS 483.310.

4-21    7.  All fees and penalties are payable to the administrator at the time a

4-22  license or a renewal license is issued.

4-23    8.  Except as otherwise provided in NRS 483.340, 483.415 [,] and

4-24  483.840, all money collected by the department pursuant to this chapter

4-25  must be deposited in the state treasury for credit to the motor vehicle fund.

4-26    Sec. 10.  NRS 483.840 is hereby amended to read as follows:

4-27    483.840  1.  The form of the identification cards must be similar to

4-28  that of drivers’ licenses but distinguishable in color or otherwise.

4-29    2.  Identification cards do not authorize the operation of any motor

4-30  vehicles.

4-31    3.  Identification cards must include the following information

4-32  concerning the holder:

4-33    (a) The name and sample signature of the holder.

4-34    (b) A unique identification number assigned to the holder that is not

4-35  based on the holder’s social security number.

4-36    (c) A personal description of the holder.

4-37    (d) The date of birth of the holder.

4-38    (e) The current address of the holder in this state.

4-39    (f) A colored photograph of the holder in full face if he is 21 years of

4-40  age or older, or a colored photograph in profile if he is under 21 years of

4-41  age.

4-42    4.  At the time of the issuance of the identification card, the department

4-43  shall [give] :

4-44    (a) Give the holder the opportunity to indicate on his identification card

4-45  that he wishes to be a donor of all or part of his body pursuant to NRS

4-46  451.500 to 451.590, inclusive, or that he refuses to make an anatomical gift

4-47  of his body or part of his body [.] ;

5-1    (b) Give the holder the opportunity to indicate whether he wishes to

5-2  donate $1 or more to the anatomical gift account created by section 7 of

5-3  this act; and

5-4    (c) Provide to each holder who is interested in becoming a donor

5-5  information relating to anatomical gifts, including the procedure for

5-6  registration as a donor with The Living Bank International or its

5-7  successor organization.

5-8    5. If the holder wishes to make a donation to the anatomical gift

5-9  account, the department shall collect the donation and deposit the money

5-10  collected in the state treasury for credit to the anatomical gift account.

5-11    6.  The department shall submit to The Living Bank International, or

5-12  its successor organization, information from the records of the

5-13  department relating to persons who have identification cards issued by

5-14  the department that indicate the intention of those persons to make an

5-15  anatomical gift. The department shall adopt regulations to carry out the

5-16  provisions of this subsection.

5-17    7. As used in this section, “photograph” has the meaning ascribed to it

5-18  in NRS 483.125.

5-19    Sec. 11.  This act becomes effective on July 1, 2001.

 

5-20  H