BILL NUMBER: SB 202	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 2, 2011

INTRODUCED BY   Senator Hancock

                        FEBRUARY 8, 2011

   An act to amend Section 9001 of the Elections Code, relating to
ballot initiatives.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 202, as amended, Hancock. Ballot initiatives: filing fees.
   Existing law requires a fee of $200 to be paid by the proponents
when a proposed ballot initiative or referendum is submitted to the
Attorney General for preparation of a circulating title and summary.
   This bill would find that the current $200 fee is inadequate to
cover the costs to the state to process a proposed initiative and
would increase the filing fee from $200 to $2,000.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (1) That the current two-hundred-dollar ($200) fee imposed for
filing a proposed ballot initiative with the Attorney General is
inadequate to cover the administrative costs to the state to process
the proposed initiative.
   (2) Originally set in 1943, the $200 fee was intended to cover the
administrative costs of the initiative process to the state.
   (3) According to the Consumer Price Index, the value of the $200
in 1943 corresponds to approximately $2,480 today. 
   (4) From 2000-2009, 647 initiative proposals were submitted for
preparation of a title and summary; in contrast, 1990-1999 saw only
391 measures filed. That is a 60% increase this decade over the
previous one and more measures were submitted from 2000-2009 than
during the 74 year period from 1912 to 1986. 
  SEC. 2.  Section 9001 of the Elections Code is amended to read:
   9001.  (a) Prior to the circulation of any initiative or
referendum petition for signatures, the text of the proposed measure
shall be submitted to the Attorney General with a written request
that a circulating title and summary of the chief purpose and points
of the proposed measure be prepared. The electors presenting the
request shall be known as the "proponents." The Attorney General
shall preserve the written request until after the next general
election.
   (b) Each and every proponent of any proposed initiative measure
shall, at the time of submitting the text of the proposed measure,
provide both of the following:
   (1) An original signed certification stating that "I, (insert
name), declare under penalty of perjury that I am a citizen of the
United States, 18 years of age or older, and a resident of (insert
county), California."
   (2) Public contact information.
   (c) The proponents of any initiative measure, at the time of
submitting the text of the proposed measure to the Attorney General,
shall pay a fee to the Attorney General of two thousand dollars
($2,000), which shall be placed in a trust fund in the office of the
Treasurer and refunded to the proponents if the measure qualifies for
the ballot within two years from the date the summary is furnished
to the proponents. If the measure does not qualify within that
period, the fee shall be immediately paid into the General Fund of
the state.
   (d) All referenda and proposed initiative measures must be
submitted to the Attorney General's Initiative Coordinator located in
the Sacramento Attorney General's Office via U.S. Postal Service,
alternative mail service, or personal delivery. Only printed
documents will be accepted, facsimile or e-mail delivery will not be
accepted.
   (e) The Attorney General's office shall not deem a request for a
circulating title and summary submitted until all of the requirements
of this section are met.