BILL ANALYSIS Ó
AB 1100
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Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
1100 (Low) - As Amended March 24, 2015
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|Policy |Rules |Vote:|11 - 0 |
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| |Elections and Redistricting | |5 - 2 |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill increases the fee to submit a proposed state ballot
initiative to the Attorney General (AG) for preparation of the
circulating title and summary from $200 to $8,000.
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FISCAL EFFECT:
According to the AG's office, between 2009 and 2013 there were
315 proposed initiative measures submitted for a circulating
title and summary, of which only 27 qualified for the ballot.
The AG's estimates that an average of 56 hours of staff time is
accumulated in the preparation of each title and summary.
Although the current fee is $200, the average proposed
initiative will cost the state more than $8,000. Any costs for
preparing a title and summary that exceed the $200 fee are
ultimately covered by the General Fund.
This significant fee increase could greatly reduce the number of
initiative proposals submitted for title and summary, and thus
reduce the AG's workload in this area, in addition to that of
the Legislative Analyst's Office and the Department of Finance,
which jointly prepare a fiscal estimate of proposed initiatives.
COMMENTS:
1)Purpose. According to the author, "The $200 fee was set in
1943 to cover the administrative costs by the Attorney General
(AG) to analyze a proposal and prepare a title and summary.
According to the Consumer Price Index, the value of $200 today
is the equivalent of $14.80 in 1943 dollars. [In other words,
$200 in 1943 equates to about $2,700 today.] It has been 72
years since this aspect of the initiative process has been
updated. This proposal is long overdue."
2)Background. Under current law proponents must pay a $200 fee
to the AG, a fee that is placed in a trust fund in the office
of the Treasurer and is refunded in full to the proponent(s)
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if the initiative qualifies for the ballot within two years
after the summary has been issued to the proponents. If the
measure fails to qualify the fee is immediately paid into the
General Fund of the state.
3)Opposition. The California Taxpayers Association in part
asserts that the fee imposes an illegal tax, arguing that "A
true filing fee should cover the administrative costs provided
by the attorney general's office necessary to process and file
an initiative measure." (As discussed above, the increased fee
amount would do just that.)
4)Prior Legislation. AB 1832 (Saldana) of 2010, was similar to
this bill, but raised the filing fees incrementally. Governor
Schwarzenegger vetoed AB 1832, arguing that it would make it
more difficult for citizen groups to qualify an initiative.
AB 436 (Saldana) of 2009 was similar to AB 1832 and also was
vetoed by Governor Schwarzenegger.
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081
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