BILL NUMBER: AB 3049	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 30, 2008
	PASSED THE ASSEMBLY  JULY 3, 2008
	AMENDED IN SENATE  JUNE 18, 2008
	AMENDED IN ASSEMBLY  MAY 6, 2008
	AMENDED IN ASSEMBLY  APRIL 24, 2008

INTRODUCED BY   Committee on Judiciary (Jones (Chair), Evans, Feuer,
Krekorian, Laird, Levine, and Lieber)

                        FEBRUARY 28, 2008

   An act to amend Section 6140 of, and to add and repeal Sections
6140.3 and 6140.36 of, the Business and Professions Code, relating to
the State Bar of California.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 3049, Committee on Judiciary. State Bar Act: fees.
   Existing law, the State Bar Act, provides for the licensure and
regulation of attorneys by the State Bar of California, a public
corporation. Existing law requires the Board of Governors of the
State Bar to charge an annual membership fee to active members of up
to $315 for the year 2008. Existing law authorizes the board, until
January 1, 2011, to increase the annual membership fee by an
additional amount not exceeding $10 for the costs of upgrading the
board's information technology system, as specified.
   This bill would require the board to fix the annual membership fee
for active members for 2009 at a sum not to exceed $315. The bill
would require the board to report to the Assembly and Senate
Committees on Judiciary, on or before April 1, 2009, and twice
thereafter as specified, on the use of the additional funds collected
for the costs of upgrading the board's information technology
system. The bill also would, until January 1, 2014, authorize the
board to increase the annual membership fees by an additional amount
not exceeding $10 to be used only for the costs of financing,
constructing, purchasing, or leasing facilities to house State Bar
staff, as specified, and for major capital improvement projects
related to facilities owned by the State Bar, as specified, and would
require the board, at least 60 days, or 90 days in certain
circumstances, prior to entering into an agreement for purchase of a
facility in southern California, to submit its proposed decision and
cost estimate for the facility to the Assembly and Senate Committees
on Judiciary for review. If the board does not enter into such a
contract, and other conditions are not satisfied, the bill would
require these additional fees to be credited to members, as
specified. The bill would also delete obsolete provisions relating to
certain reporting requirements.



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

  SECTION 1.  Section 6140 of the Business and Professions Code is
amended to read:
   6140.  (a) The board shall fix the annual membership fee for
active members for 2009 at a sum not exceeding three hundred fifteen
dollars ($315).
   (b) The annual membership fee for active members is payable on or
before the first day of February of each year. If the board finds it
appropriate and feasible, it may provide by rule for payment of fees
on an installment basis with interest, by credit card, or other
means, and may charge members choosing any alternative method of
payment an additional fee to defray costs incurred by that election.
   (c) This section shall remain in effect only until January 1,
2010, and, as of that date, is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
  SEC. 2.  Section 6140.3 is added to the Business and Professions
Code, to read:
   6140.3.  (a) The board may increase the annual membership fee
fixed by Section 6140 and the annual membership fee specified in
Section 6141 by an additional amount not exceeding ten dollars ($10).
This additional amount may be used only for (1) the costs of
financing, constructing, purchasing, or leasing facilities to house
State Bar staff and (2) any major capital improvement projects
related to facilities owned by the bar.
   (b) Funds collected pursuant to subdivision (a) between January 1,
2009, and December 31, 2013, may only be used for the construction,
purchase, or lease of a facility in southern California upon the
expiration of the State Bar's existing lease of a facility in Los
Angeles in January 2014. The board shall report to the Assembly
Committee on Judiciary and the Senate Committee on Judiciary on or
before April 1, 2009, and annually thereafter, on its preliminary
plans for determining whether to construct, purchase, or lease a
facility in southern California. At least 60 days, or 90 days if the
60th day would occur when the Legislature has adjourned for the fall
or final recess, prior to entering into any agreement for the
purchase of a facility in southern California, the board shall submit
its proposed decision and cost estimate for the facility to the
Assembly Committee on Judiciary and the Senate Committee on Judiciary
for review. If the board does not enter into an agreement to
purchase a facility in southern California and the Legislature does
not, by a later enacted statute, authorize use of the funds collected
pursuant to this section to construct or lease a facility, those
funds shall be applied as a one-time credit to each member's annual
dues in the amount paid by that member.
   (c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 3.  Section 6140.36 is added to the Business and Professions
Code, to read:
   6140.36.  (a) The board shall report to the Assembly Committee on
Judiciary and the Senate Committee on Judiciary on or before April 1,
2009, and on or before April 1 of the succeeding two years, on the
use of the funds authorized pursuant to Section 6140.35.
   (b) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.