BILL NUMBER: SB 408	CHAPTERED  10/10/99

	CHAPTER   999
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   JULY 13, 1999
	AMENDED IN ASSEMBLY   JUNE 23, 1999

INTRODUCED BY   Senator Alpert

                        FEBRUARY 12, 1999

   An act to amend Section 12208 of the Government Code, relating to
the Secretary of State.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 408, Alpert.  Secretary of State:  fees.
   Existing law authorizes the Secretary of State to establish by
regulation special handling fees in connection with the filing of
documents, issuing of certificates, and other services performed by
the office. Existing law also requires that these fees approximate
the estimated cost of special handling and be accounted as
expenditure reimbursements by the Secretary of State.
   This bill would authorize the Secretary of State to charge fees
which may be in different amounts not to exceed $1,000 for
preclearance documents and expedited filings, as specified, and would
require the secretary to report to the Legislature on the
implementation of these provisions.  The bill would specify that the
preclearance or expedited filing of documents by the Secretary of
State shall be considered discretionary pursuant to other provisions
exempting public employees from liability for discretionary acts or
omissions.


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


  SECTION 1.  Section 12208 of the Government Code is amended to
read:
   12208.  (a) The Secretary of State may by regulation establish
fees to be charged and collected for special handling in connection
with filing of documents, issuing of certificates, and other services
performed by him or her.
   (b) Except as provided in subdivision (c), those fees shall
approximate the estimated cost of special handling.
   (c) Fees charged for preclearance of documents and expedited
filings may be in different amounts, which 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.

   (d) Special handling fees shall be accounted as Secretary of State
expenditure reimbursements.
   (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.
  SEC. 2.  Notwithstanding Section 7550.5 of the Government Code, the
Secretary of State shall provide a report to the Legislature within
two years of implementation of the special handling provided for in
subdivision (c) of Section 12208 of the Government Code.  The report
shall document the extent to which the special handling service is
utilized, the fees charged, and comparative timeframes for regular
and special handling regarding preclearance of documents and
expedited filings.  This section is repealed as of the January 1
following the submittal of the report to the Legislature.