AB 554, as introduced, Mullin. State government: Secretary of State: Business Fees Fund.
Existing law states that it is the intent of the Legislature that moneys deposited into the Secretary of State’s Business Fees Fund be used to support the programs from which the fees are collected and provides that they shall be expended to the extent that appropriations are made in the annual Budget Act.
Existing law authorizes the Secretary of State to charge and collect fees for preclearance of documents and expedited filings if the special handling does not cause disruption or delay in the process of the normal handling of documents, and if the implementation of the special handling is supported by an appropriation in the annual Budget Act. Existing law also specifies that copying and special handling fees shall be accounted as Secretary of State expenditure reimbursements.
This bill would instead provide that copying and special handling fees be paid into the Secretary of State’s Business Fees Fund and would delete the requirement that the implementation of special handling be supported by an appropriation in the annual Budget Act.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 12182 of the Government Code is
2amended to read:
(a) The Secretary of State shall charge and collect fees
4as provided in this article and may also by regulation establish fees
5to be charged and collected for copying and special handling in
6connection with filing documents, issuing of certificates, and other
7services performed by the office.
8(b) Except as provided in subdivision (c), the fees shall
9approximate the estimated cost of copying and special handling.
10(c) Fees charged for preclearance of documents and expedited
11filings may be in different amounts,begin delete whichend deletebegin insert
thatend insert shall not exceed
12one thousand dollars ($1,000). Those fees may be charged only if
13the special handling does not cause disruption or delay in the
14process of normal handling ofbegin delete documents, and if the begin insert documentsend insert.
15implementation of the special handling is supported by an
16appropriation in the Budget Actend delete
17(d) Copying and special handling fees shall bebegin delete accounted as begin insert paid into the
18Secretary of State expenditure reimbursementsend delete
19Secretary of State’s Business Fees Fundend insert.
20(e) The preclearance or expedited filing of documents by the
21Secretary of State or his or her employees pursuant to this section
22shall be considered discretionary pursuant to Section 820.2.
O
99