2001 REGULAR SESSION (71st) A SB295 R1 1147
Adoption of this amendment will ADD a 2/3s majority vote requirement for final passage of SB295 R1 (§ 9).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend sec. 6, page 2, by deleting lines 6 through 10 and inserting:
“Sec. 6. 1. A person who is the putative father of a child may register with the registry by submitting to the division a registration form in the manner prescribed in the regulations adopted by the state board of health pursuant to section 11 of this act:
(a) Before the birth of the child;
(b) Within 30 days after the birth of the child; or
(c) Within 30 days after the date notice is provided pursuant to subsection 4 of section 12 of this act,
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whichever occurs later.”.
Amend the bill as a whole by deleting sec. 9 and adding a new section designated sec. 9, following sec. 8, to read as follows:
“Sec. 9. 1. The state board of health shall establish by regulation the fees to be charged pursuant to subsection 2 in an amount sufficient to defray all costs of carrying out the provisions of sections 2 to 10, inclusive, of this act.
2. The regulations adopted by the state board of health pursuant to subsection 1 must provide that a reasonable fee must be charged for:
(a) Conducting a search of the registry; or
(b) Providing a certified copy of a registration form or a certified statement pursuant to section 8 of this act.
3. The regulations adopted by the state board of health pursuant to subsection 1 must provide that a fee must not be charged for:
(a) Registering with the registry; or
(b) Withdrawing a registration from the registry.
4. All money received by the division pursuant to subsection 2 must be deposited in the state general fund.
5. The administrator of the division may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of sections 2 to 10, inclusive, of this act. Any money the administrator receives pursuant to this subsection:
(a) Must be deposited in the state treasury and accounted for separately in the state general fund;
(b) May only be used to carry out the provisions of sections 2 to 10, inclusive, of this act; and
(c) Does not revert to the state general fund at the end of any fiscal year.”.
Amend sec. 11, page 3, line 30, by deleting “division” and inserting:
“state board of health”.
Amend sec. 12, page 4, by deleting lines 28 through 32 and inserting:
“concerning the child will be subject to summary termination unless, within 30 days after the date on which this notice was mailed to you, you enter an appearance in or otherwise notify the court identified in the summary petition for termination of parental rights that you have attempted to establish parentage of the child.”.
Amend sec. 12, pages 4 and 5, by deleting lines 38 through 49 on page 4 and lines 1 through 22 on page 5, and inserting:
“subsection 1 and any other reasonably accessible information. If a putative father is found pursuant to this subsection, the putative father must be notified by certified mail of the following:
(a) The name of the birth mother and date of birth or anticipated date of birth of the child.
(b) That he may be the father of the child.
(c) That the child is being placed for adoption.
(d) That if he has any interest in establishing or asserting his parental rights, he must register with the registry within 30 days after the birth of the child or within 30 days after the date on which notice is provided pursuant to this subsection, whichever occurs later, and that the failure to register with the registry will result in the termination of his parental rights.
5. If notice of a summary petition has been mailed to one or more putative fathers identified in the registry pursuant to subsection 3, the petitioner may submit a request for submission of the petition, together with a proposed order, to the court for decision 35 days after the date on which notice was mailed to each putative father if each putative father fails to:
(a) Enter an appearance; or
(b) Otherwise notify the court of any attempt to establish parentage.
6. If a putative father cannot be found or if a putative father who received notification pursuant to subsection 4 does not register with the registry within 30 days after the birth of the child or within 30 days after the date on which notice was provided pursuant to subsection 4, whichever occurs later, the petitioner may submit a request for submission of the petition, together with a proposed order, to the court for decision 35 days after the birth of the child or 35 days after the date on which notice was provided pursuant to subsection 4, whichever occurs later.
7. A putative father who fails to register with the registry pursuant to section 6 of this act shall be deemed to have waived his right and opportunity to receive further notice, other than the notice provided in this section, of proceedings for the summary termination of his parental rights.
8. A summary petition filed pursuant to this section must not be granted or denied sooner than 35 days after the birth of the child.
9. A court may grant a summary petition filed pursuant to this”.
Amend the bill as a whole by renumbering sec. 24 as sec. 25 and adding a new section designated sec. 24, following sec. 23, to read as follows:
“Sec. 24. 1. There is hereby appropriated from the state general fund to the health division of the department of human resources to carry out the provisions of this act:
For the fiscal year 2001-2002............................................................................................. $44,150
For the fiscal year 2002-2003............................................................................................. $36,616
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.”.
Amend the bill as a whole by adding a new section designated sec. 26, following sec. 24, to read as follows:
“Sec. 26. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 23, inclusive, and 25 of this act become effective upon passage and approval for the purpose of adopting regulations necessary to carry out this act and on October 1, 2001, for all other purposes.
3. Section 24 of this act becomes effective on July 1, 2001.
4. This act expires by limitation on June 30, 2003.”.
Amend the title of the bill to read as follows: