BILL NUMBER: AB 554	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 20, 2013

   An act to amend Section 12182 of the Government Code, relating to
state government.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 12182 of the Government Code is amended to
read:
   12182.  (a) The Secretary of State shall charge and collect fees
as provided in this article and may also by regulation establish fees
to be charged and collected for copying and special handling in
connection with filing documents, issuing of certificates, and other
services performed by the office.
   (b) Except as provided in subdivision (c), the fees shall
approximate the estimated cost of copying and special handling.
   (c) Fees charged for preclearance of documents and expedited
filings may be in different amounts,  which  
that  shall not exceed one thousand dollars ($1,000). Those fees
may be charged only if the special handling does not cause
disruption or delay in the process of normal handling of
documents, and if the implementation of the special handling is
supported by an appropriation in the Budget Act  
documents  .
   (d) Copying and special handling fees shall be  accounted
as Secretary of State expenditure reimbursements   paid
into the Secretary of State's Business Fees Fund  .
   (e) The preclearance or expedited filing of documents by the
Secretary of State or his or her employees pursuant to this section
shall be considered discretionary pursuant to Section 820.2.