BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1100 (Low) - Ballot initiatives: filing fees
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|Version: June 19, 2015 |Policy Vote: E. & C.A. 3 - 2 |
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|Urgency: No |Mandate: No |
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|Hearing Date: June 29, 2015 |Consultant: Maureen Ortiz |
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This bill does not meet the criteria for referral to the
Suspense File.
Bill
Summary: AB 1100 increases the filing fee for submitting a
proposed ballot initiative or referendum to the Attorney General
(AG) for preparation of a circulating title and summary from
$200 to $2,500.
Fiscal
Impact:
Potentially significant increase in filing fee revenue
(General Fund)
The increase in revenue will be dependent on the number of
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initiatives filed, and the number of those which eventually
qualify for the ballot (which results in a refund of the filing
fee).
Background:1) Existing law requires the proponents of a proposed initiative
or referendum measure to submit the text of the proposed measure
to the Attorney General with a written request that a
circulating title and summary of the measure be prepared, prior
to circulating the petition for signatures. Proponents of any
initiative measure must, at the time of submitting the text of
the proposed initiative measure to the AG, pay a fee of two
hundred dollars ($200), which is 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 is paid into the state's
General Fund.
The AG upon receipt of the text of a proposed initiative
measure, and after the public review period, prepares a
circulating title and summary of the chief purposes and points
of the proposed measure. The circulating title and summary may
not exceed 100 words.
Proposed Law:
AB 1100 increases the fee for submitting a proposed ballot
initiative or referendum to the Attorney General for preparation
of a circulating title and summary from $200 to $2,500. The
bill requires the AG to adjust the fee in January of every
odd-numbered year to reflect any increase in the Consumer Price
Index, rounded to the nearest one hundred dollars.
Staff
Comments: Before circulating a state initiative measure,
initiative proponents must first submit their proposal to the
AG's office. Upon receipt of the proposed measure by the AG, a
30-day public comment period begins. Additionally, the
proponent(s) may amend the initiative until close of business on
the 35th calendar day after receipt. Before the AG can issue
the circulating title and summary, the AG must request the
preparation of a fiscal impact report prepared jointly by the
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Department of Finance (DOF) and the Legislative Analyst. These
agencies have 50 calendar days following receipt of the proposed
measure from the AG to prepare the fiscal estimate.
Within 15 calendar days following the receipt of the fiscal
impact report, the AG is required to issue an official
circulating title and summary to the proponent(s). A copy of
the official circulating title and summary is provided to the
SOS and the Legislature on the official summary date, the same
date it is sent to the proponent(s).
Under current law, proponents must pay a $200 filing 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) 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.
The existing fee was established in 1943 and has never been
increased. When adjusted for inflation that $200 is now
somewhere between $2,500 and $3,000, depending on whose rate of
inflation figures are used. The purpose of the $200 filing fee
is two-fold. Primarily, the fee exists to discourage the
submission of frivolous proposals; secondly, the fee is intended
to defray some of the administrative costs to the state
associated with processing initiatives.
According to information obtained from the AG's office, between
2009 and 2013 there were 315 proposed initiative measures
submitted for a circulating title and summary. Of those 315
initiative proposals 27 qualified for the ballot. Additionally,
the AG 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.
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