Amended in Assembly August 21, 2013

Senate Bill No. 345

Introduced by Senator Evans

February 20, 2013

An act to amend begin delete Section 6140 of end delete begin insert Sections 6140 and 6140.01 of, and to add Section 6034 to, end insert the Business and Professions Code, relating to attorneys.

LEGISLATIVE COUNSEL’S DIGEST

SB 345, as amended, Evans. Attorneys: annual membership fees.

Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. The State Bar is governed by a board of trustees. Existing law, until January 1, 2014, requires the board to charge an annual membership fee for active members of up to $315 for 2013 begin insert and to allocate $20 of that fee to support nonprofit organizations that provide free legal services to persons of limited means, except as specified end insert .

This bill would, until January 1, 2015, require the board to charge that annual membership fee for active members. begin insert The bill would increase the allocation to nonprofit organizations described above to $30 and would delete the January 1, 2014, inoperative provision, thereby making the allocation operative indefinitely. end insert

begin insert

Existing law generally authorizes the Controller to offset any amount due a state agency from a person or entity against any amount owing the person or entity by any state agency, as specified, and requires the Controller, in conjunction with the Franchise Tax Board, to develop a program to provide for multiple offsets to various participating state agencies, as specified.

end insert begin insert

This bill would authorize and direct the State Bar of California to participate as a state agency in the program described above for the collection of specified fines, penalties, assessments, costs, or reimbursements owed to the State Bar of California.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 6034 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 6034. end insert   

The State Bar of California is authorized and directed
to participate as a state agency in the Interagency Intercept
Collections Program established pursuant to Section 12419.2 of
the Government Code for the collection of any unpaid amounts
owed to the State Bar of California, including any fine, penalty,
assessment, cost, or reimbursement imposed under Section
6086.10, subdivision (c) of Section 6140.5, and any other
applicable law. All funds received by the State Bar of California
shall be allocated for the purposes established pursuant to Section
6033.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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 2014 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, 2015,
and, as of that date, is repealed, unless a later enacted statute, that
is enacted before January 1, 2015, deletes or extends that date.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 6140.01 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

6140.01.  

(a)  begin delete (1) end delete begin delete   end delete begin delete Twenty dollars ($20) end delete begin insert Thirty dollars ($30) end insert of
the annual membership fee authorized pursuant to Sections 6140
and 6141 shall be allocated for the purposes established pursuant
to Section 6033, except to the extent that a member elects not to
support those activities.

begin delete

(2)

end delete

begin insert (b) end insert  The invoice provided to members for payment of the annual
membership fee shall provide each member the option of deducting
begin delete twenty dollars ($20) end delete begin insert thirty dollars ($30) end insert from the annual
membership fee if the member elects not to have this amount
allocated as provided in this section.

begin delete

(3)

end delete

begin insert (c) end insert  The allocation pursuant to this section shall be known as the
Temporary Emergency Legal Services Voluntary Assistance
Option.

begin delete

(b) 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.

end delete