BILL ANALYSIS                                                                                                                                                                                                    






                           SENATE JUDICIARY COMMITTEE
                         Senator Joseph L. Dunn, Chair
                           2005-2006 Regular Session


          SB 799                                                 S
          Senator Simitian                                       B
          As Introduced
          Hearing Date:  April 5, 2005                           7
          Gov. Code                                              9
          ADM:cjt                                                9
                                                                 

                                    SUBJECT
                                         
                        Special Filing Fees:  Adoptions

                                   DESCRIPTION  

          This bill would lower the special filing fee for issuing a  
          certificate of official character to documents related to  
          child adoptions from $20 to $5 per signature (which is  
          generally per document).

                                    BACKGROUND  

          The California Secretary of State (SOS) provides  
          authentication of public official signatures on documents  
          to be used outside the United States, such as in  
          international adoptions, by issuing a certificate of  
          official character (an official stamp or seal).  This  
          authentication is either in the form of a certification of  
          signature or an apostille (method of certifying documents  
          for use in another country pursuant to the 1961 Hague  
          Convention).  Only documents that have been issued by  
          specified California public officials may be certified as  
          authentic.  In addition, documents to be authenticated must  
          be certified copies or must have been notarized.  Common  
          types of documents submitted to the SOS for authentication  
          include marriage licenses, birth certificates, powers of  
          attorney, corporate documents and papers for adoption  
          purposes.  

          The SOS describes the authentication/certification process  
          as follows: a notarized document is submitted to the SOS's  
                                                                 
          (more)



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          office; the SOS's office certifies that the signature of  
          the notary is authentic; and then issues a certificate of  
          official character.  Under existing law, the SOS charges a  
          $20 fee (per signature) for authentication/certification of  
          adoption-related documents.

          The author and supporters of this bill state that  
          international adoptions can be very expensive.  A part of  
          that expense is the certification of numerous documents,  
          which is a requirement of the country from which the child  
          is being adopted.  The author also notes that California  
          has one of the highest special filing fees for child  
          adoption documents in the nation.  SB 799 is intended to  
          lower one of the costs associated with child adoptions.

                             CHANGES TO EXISTING LAW
           
           Existing law allows the Secretary of State to charge and  
          collect fees for various purposes, as specified.  [Gov.  
          Code Section 12182.]   Existing law  also allows the  
          Secretary of State to charge and collect fees for copying  
          and special handling in connection with the services the  
          office performs.  [Gov. Code Section 12182.]

           Existing law  allows the Secretary of State to charge a  
          special filing fee of $20 for issuing a certificate of  
          official character.  [Gov. Code Section 12195(e).]

           This bill  would provide that the Secretary of State may  
          charge a special filing fee of $5 when the certificate of  
          official character is issued for a document concerning  
          child adoptions.

                                     COMMENT
           
          1.    Need for the bill  

                The author states that, in 2003, over 20,000  
            immigration visas were issued to orphans adopted from  
            abroad.  The author and supporters note that these  
            international adoptions can cost over $30,000.  A portion  
            of this expense is the cost of certification by the  
            Secretary of State's office of numerous documents, which  
            is a requirement of the country from which the child is  
            being adopted.  The author provides an example of a  
                                                                       




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            family that adopted a child from Russia.  The family had  
            to have 45 documents certified, including such things as  
            marriage license, birth certificates, medical  
            examinations, employment verifications and financial  
            statements.  They note that because they chose to have  
            two sets of documents certified, the cost was close to  
            $2,000.  They chose to have two sets certified in case  
            any documents were lost in the process.   

            The author also notes that, while the certification fee  
            is $20, the Secretary of State's office charges an  
            additional $6 for over-the-counter or expedited  
            processing.  The author states that often  
            adoption-related documents must be both notarized and  
            certified, adding to the expense.  

            Finally, the author states that California is one of only  
            three states that charge $20 for certifying  
            adoption-related documents (see Comment 2 below).




          2.    Cost of certification of adoption-related documents in  
          other states  

                The author provided a chart that sets forth  
            certification fees for adoption documents in all states.   
            The chart shows that 27 states charge $5 or less, 18  
            states charge $10, two states charge $15 and three states  
            (including California) charge $20.

          3.    Notary public fees  

                Under existing law, a notary public may charge a $10  
            (per signature) notarization fee.

                SHOULD CONSIDERATION BE GIVEN TO BRINGING THE  
            CERTIFICATION FEE FOR ADOPTION DOCUMENTS INTO LINE WITH  
            THE NOTARY PUBLIC FEE?


          Support:  Adopt International & Domestic Services; National  
          Council for 
                    Adoption; Families for Russian & Ukranian  
                                                                       




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          Adoption; Cal-Tax

          Opposition:  None Known

                                     HISTORY
           
          Source:  Mike Breslin and Roxanne Baxter

          Related Pending Legislation:  None Known

          Prior Legislation:  None Known
          
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