New Mexico Claims Your Organs

Motorcycle.com Staff
by Motorcycle.com Staff
In short, this bill says that: If you ride a motorcycle without a helmet and die,

They can take your organs and donate them whether you or your family want that to happen or not!


Quote:
--------------------------------------------------------------------------------


AMA outraged over mandatory biker organ-donor bill

Jan. 30 – The American Motorcyclist Association (AMA) has expressed its outrage at a proposed law in New Mexico that could make some motorcyclists into forced organ donors.

The proposal, introduced in the New Mexico Legislature by state Sen. Allen Hurt (R-Waterflow), would allow the harvesting of organs from any motorcyclist who doesn't wear a helmet and is declared brain dead as a result of an accident. Hurt's bill, designated Senate Bill 239, specifically states that: "a person operating a motorcycle without a helmet and who, as the result of an accident, is pronounced brain dead pursuant to Section 12-2-4 NMSA 1978 by a licensed physician shall become an organ donor regardless of whether the person made an anatomical gift by completing the organ donor statement…"

If the bill becomes law, it would take effect on July 1.

The AMA, which represents more than 250,000 motorcyclists across the country, said that Hurt's proposal represents a new low in the relationship between anti-motorcycling government officials and riders.

"Organ donation is a noble cause that truly can represent the gift of life for people faced with some terminal illnesses," noted Sean Maher, AMA director of state affairs. "But making the commitment to become an organ donor must remain a private decision left to each person.

"Classifying an entire group of citizens as nothing more than organs to be harvested isn't just demeaning to motorcyclists, it's offensive to all Americans," he said.

The AMA is organizing opposition to the Hurt proposal. New Mexico motorcyclists can help by going to the StateWatch section of the AMA Rapid Response Center. There, they can send letters of protest to their state lawmakers.



--------------------------------------------------------------------------------



There is a searchable directory so you New Mexicans can find out who your STATE representatives are at: http://www.ama-cycle.org/index.asp Don't bother writing your Congressman or Senator, this is a State government thing, not Federal.

Oh yeah - The guy that sponsored the bill's eMail is [email protected]


Sen. Allen Hurt
P.O. Box 639
Waterflow, NM 87421
(505) 986-4373

(Just in case his eMail starts bouncing messages back)


In response to the AMA article, I sent the following letter, which includes the text of the bill to ABC, NBC, CBS, and CNN, I don't know if anything will come of it, but I certainly feel better for doing that.


Quote:
--------------------------------------------------------------------------------


To whom it may concern,

There has been more than a little uproar amongst motorcyclists over a bill proposed by state senator Allen Hurt of New Mexico over a bill that makes motorcyclists MANDATORY organ donors, seemingly irregardless of their permission and intent to do so.


For your reference, here is the text of the bill, which I sourced at http://legis.state.nm.us/Sessions/03%20Regular/bills/senate/SB0239.html

*************************
SENATE BILL 239

46th legislature - STATE OF NEW MEXICO - first session, 2003


INTRODUCED BY


Allen V. Hurt


AN ACT

RELATING TO DRIVER'S LICENSES; CREATING MANDATORY DONOR STATUS FOR A PERSON OPERATING A MOTORCYCLE WITHOUT A HELMET WHO, AS THE RESULT OF AN ACCIDENT, IS PRONOUNCED BRAIN DEAD.




BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 66-5-10 NMSA 1978 (being Laws 1978, Chapter 35, Section 232, as amended) is amended to read:

"66-5-10. APPLICATION FOR LICENSE--INFORMATION--TRANSFER TO LICENSE.--

A. Within the forms prescribed by the department for applications and licenses of drivers of motor vehicles, a space shall be provided to show whether the applicant is a donor as provided in the Uniform Anatomical Gift Act. [It shall be assumed that an applicant applying for a license to operate a motorcycle is an organ donor unless the applicant affirmatively rejects donor status as prescribed by the form in Subsection B of this section.] Anyone [else] applying for a license may, if he desires, indicate his donor status on the space provided on the application, and this information, if given by an applicant, shall be shown upon the license issued. The form and driver's license shall be signed by the donor in the presence of a witness who shall also sign the form in the donor's presence. The department shall, as soon as practicable, include the following donor statement on the 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 sixteen years of age.)".

B. The department shall mark the donor status on [each] a person's driver's license record and shall retain [each] an application form or its image of a person who wishes to be a donor. The department shall create and maintain a statewide donor registry and shall provide on-line computer terminal access to the donor registry to organ procurement agencies and procurement organizations, as defined in the Uniform Anatomical Gift Act. 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 department and may obtain a copy of the application from the department.

C. Within the forms prescribed by the department for applications and licenses of drivers of motor vehicles, a space shall be provided for the following statement, which the department shall, as soon as practicable, include on the application form:

"As a condition of being issued a license to operate motor vehicles in New Mexico, a person operating a motorcycle without a helmet and who, as the result of an accident, is pronounced brain dead pursuant to Section 12-2-4 NMSA 1978 by a licensed physician shall become an organ donor regardless of whether the person made an anatomical gift by completing the organ donor statement provided on this application or pursuant to Section 24-6A-2 NMSA 1978 of the Uniform Anatomical Gift Act."."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.
***************************************
Since there are FAR larger issues at stake than the just the rights of those in the motorcycling community, I feel this could be a newsworthy story.

Thank you for your kind consideration.

Best Possible Regards,
********************************



Thoughts??? Comments????

Scott
Get Motorcycle.com in your Inbox
Motorcycle.com Staff
Motorcycle.com Staff

Motorcycle.com presents an unrivaled combination of bike reviews and news written by industry experts

More by Motorcycle.com Staff

Comments
Join the conversation
Next