NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

HJC

 

DATE TYPED:

03/12/03

 

HB

453/HJCS

 

SHORT TITLE:

Protection of Genetic Privacy

 

SB

 

 

 

ANALYST:

Gilbert

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

NFI

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 

LFC Files

 

SUMMARY

 

     Synopsis of Bill

 

House Judiciary Committee substitute to House Bill 453 adds a new Section 28-1-2.1 NMSA 1978, to the Human Rights Act, to define Deoxyribonucleic Acid (DNA), and “genetic information” and adds a new Section 28-1-7.1 NMSA 1978, to prohibit genetic information from being used in any employment-related decision.

 

     Significant Issues

 

Access to genotypes can and has been misused in the workplace.  Ownership of genetic information has nationwide become a controversial issue, and there is currently a national trend for persons to be allowed to control their own genetic information.

 

ADMINISTRATIVE IMPLICATIONS

 

HB 453 would require employers to review how they deal with confidential information.

 

OTHER SUBSTANTIVE ISSUES

 

The reference to privacy in this bill does not actually ensure privacy; it only prohibits using such information to influence employment related decisions.

 

 

RLG/yr