COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.:         4009-02

Bill No.:          HB 1758

Subject:           Children and Minors; Domestic Relations; Civil Procedure

Type:              Original

Date:               March 11, 2008

Bill Summary:            This proposal allows adopted adults who are twenty-one years of age or older to receive identifying information and streamlines the release of adoption information process.

FISCAL SUMMARY

Numbers within parentheses: ( ) indicate costs or losses. This fiscal note contains 6 pages.

☐ Estimated Total Net Effect on All funds expected to exceed $100,000 savings or (cost).

☒ Estimated Net Effect on General Revenue Fund expected to exceed $100,000 (cost).

FISCAL ANALYSIS

ASSUMPTION

Officials from the Office of the State Courts Administrator assume the proposal would have no fiscal impact on their agency.

Officials from the Department of Social Services assume the proposal would have no fiscal impact on the Children’s Division as the birth certificates are filed with the state registrar.

Official from the Department of Health and Senior Services state that currently, the Bureau of Vital Records responds to approximately 10-15 inquiries and requests daily regarding access to sealed adoption records. Inquiries and requests for certified copies of original birth certificates are expected to double from the current amount, with an increase of approximately 3,780 requests annually (15 X average of 21 working days per month X 12 months in a year = 3,780 requests). There is currently one Senior Office Support Assistant - Keyboarding (SOSA) working on adoptions, an additional SOSA would be needed to handle the additional requests.

The additional SOSA position would assist internal and external customers through written correspondence, in person, and over the telephone regarding adoptions, vital events and related matters. The SOSA would perform moderate to difficult clerical and technical functions involving heavy public contact. Duties include processing documents related to births, including adoption decrees (domestic and foreign), legitimating affidavits, amending or creating new certificates as instructed by affidavit or court order, court or administrative orders, delayed applications, manual and computer searches, update system mainframe and issuing certified copies as requested. Standard expense and equipment costs are included for additional staff. In addition, approximately $1,550 would be needed for postage (3,780 requests x $.41/envelope).

Per section 193,265, RSMo, the cost per birth certificate statement is $15.00, which is distributed as follows: Children's Trust Fund - $5.00; General Revenue - $4.00; the Endowed Cemetery Care Audit Fund - $1.00; and the Missouri Public Health Services Fund (MOPHS) - $5.00. Increase in annual revenue is determined by 3,780 requests X $15.00 per request = $56,700.00; this corresponds to $47,250.00 for a 10 month period in FY 2008. This revenue will be split between four funds (GR = $12,600.00, Children's Trust Fund = $15,750.00, Endowed Cemetery Fund = $3,150.00, and Missouri Public Health Services Fund= $15,750.00).

Oversight assumes the DHSS could absorb one FTE. Any significant increase in the workload of the DHSS would be reflected in future budget request.

FISCAL IMPACT - Small Business

No direct fiscal impact to small businesses would be expected as a result of this proposal.

FISCAL DESCRIPTION

Currently, the state registrar can only open an adoption file if a certified copy of a court order has been issued. This legislation allows any adopted person who is 21 years of age or older to submit an application to the state registrar and, upon receiving the application, be issued a certified copy of his or her original unaltered birth certificate and adoption records. Adoption records will include the original birth certificate, consent to termination of parental rights, waiver of consent to future adoption of the child, adoption decree and order, social history, temporary custody and adoption petition, and any state agency or court documents regarding the adoption.

FISCAL DESCRIPTION (continued)

Authorized individuals, including any adopted person who is 21 years of age or older, are allowed to inspect or copy any files and court records of adoption proceedings. Persons who permit inspection or copying by any unauthorized individual will be guilty of a class C misdemeanor.

This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.

SOURCES OF INFORMATION

Office of the State Courts Administrator

Department of Health and Senior Services

Department of Social Services

                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                March 11, 2008