SB 33-FN - AS AMENDED BY THE SENATE

03/27/03 0874s

2003 SESSION

03-0285

04/01

SENATE BILL SB 33-FN

AN ACT establishing a putative fathers' registry in the department of health and human services.

SPONSORS: Sen. Clegg, Dist 14; Sen. Prescott, Dist 23; Sen. Boyce, Dist 4; Sen. Flanders, Dist 7; Rep. Woods, Straf 69; Rep. Giuda, Graf 13; Rep. Balboni, Hills 59

COMMITTEE: Public Institutions, Health and Human Services

AMENDED ANALYSIS

This bill establishes a putative fathers' registry in the department of health and human services to allow fathers to register and establish a DNA record in the registry,

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/27/03 0874s

03-0285

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT establishing a putative fathers' registry in the department of health and human services.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Chapter; Putative Fathers' Registry Amend RSA by inserting after chapter 132-A the following new chapter:

CHAPTER 132-B

PUTATIVE FATHERS' REGISTRY

132-B:1 Establishment of Registry; Purpose. The commissioner of the department of health and human services shall establish a putative fathers' registry for the purpose of determining the identity and location of a putative father interested in a minor child who is or may be abandoned under RSA 132-A, and to provide notice to the putative father who is interested in asserting his parental rights relative to the minor child. The commissioner may establish informational material and public service announcements necessary to implement this chapter. The commissioner shall have no independent obligation to gather or update the information to be maintained on the registry. The registrant shall be responsible for updating personal information on the registry.

132-B:2 Search of Registry.

I. Within 24 hours of receiving a report under RSA 132-A:3, the commissioner of the department of health and human services shall conduct a search of the putative fathers' registry to determine whether a putative father is registered in relation to a child who is or may have been abandoned under RSA 132-A.

II. A search of the registry may be proven by the production of a certified copy of the registration form or by a certified statement of the commissioner of the department of health and human services that after a search, no registration has been found of a putative father in relation to a child who is or may have been abandoned under RSA 132-A.

132-B:3 DNA Record.

I.(a) A putative father may, at his own expense, submit a DNA sample for the purpose of establishing a personal DNA record within the putative father's registry. A search of the registry under this section shall include an analysis of the putative father's DNA record, if such record exists.

(b) The analysis shall be performed under the direction of the division, following procedures in conformance with the federal "DNA Identification Act of 1994" Identifying characteristics of the resulting DNA profile shall be stored in a DNA database compatible with and maintained by the Combined DNA Index System or "CODIS," which refers to the national DNA identification index system under the direction of the Federal Bureau of Investigation.

II. The division shall prescribe procedures compatible with the Federal Bureau of Investigation's requirements for the CODIS program, to be used in the collection, submission, identification, analysis, storage, and disposition of DNA samples and DNA records obtained pursuant to this subdivision.

III. The division may contract with third parties for the purposes of this subdivision. Any DNA sample sent to a third party for analysis shall be coded to maintain confidentiality concerning the donor of the sample.

IV. A certificate and the results of the analysis shall be admissible in any court as evidence of the facts stated in the analysis.

V. In this section, "DNA record" shall be as defined in RSA 651-C:1, V, and "DNA sample" shall mean a blood, tissue, hair follicle, or other biological sample provided by a putative father for inclusion in the registry for analysis or storage, or both.

132-B:4 Privacy of Registry Data. Information in the putative fathers' registry, including all information provided in requesting the search of the registry, shall not be considered public records. Information in the registry may be released to a person who is required to search the registry under the provisions of RSA 132-B:1 or RSA 132-B:2.

2 Contingency. If HB 104-FN of the 2003 legislative session is not enacted into law, then this act shall not take effect.

3 Effective Date. This act shall take effect 60 days after its passage.

LBAO

03-0285

Amended 4/16/03

SB 33 FISCAL NOTE

AN ACT establishing a putative fathers' registry in the department of health and human services.

FISCAL IMPACT:

The Department of Health and Human Services stated this bill, as amended by the Senate (Senate Amendment #2003-0874s), will have an indeterminable impact on state expenditures in FY 2004 and in each year thereafter. There will be no impact on state, county or local revenue or on county and local expenditures.

METHODOLOGY:

The Department stated this bill requires that the Department maintain a registry of putative fathers, conduct searches of the registry and certify the results of searches upon notification of an abandoned child. The Department's responsibilities would also include collection, submission, identification and storage of DNA samples. The Department expects there will be initial costs to develop the registry and for storage capacity, as well as ongoing costs for testing. Experience with testing for paternity suggests a cost of approximately $140 per test. The Department cannot estimate the utilization of the registry or the number of samples that will be submitted for storage and analysis, therefor, cannot determine the fiscal impact.