Amended in Assembly September 3, 2013

Amended in Assembly August 21, 2013

Senate BillNo. 345


Introduced by Senator Evans

February 20, 2013


An act to amendbegin delete Sectionsend deletebegin insert Sectionend insert 6140begin delete and 6140.01end delete of, and to addbegin delete Sectionend deletebegin insert Sectionsend insert 6034begin insert and 6140.03end insert to, 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 2013begin delete 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 deletebegin insert Existing law requires the board to charge an annual membership fee for inactive members of up to $75. Existing law requires the State Bar, until January 1, 2014, to allocate $20 of those fees to support nonprofit organizations that provide free legal services to persons of limited means, except to the extent that a member elects not to support those activities.end insert

This bill would, until January 1, 2015, require the board to chargebegin delete thatend deletebegin insert theend insert annual membership fee for active membersbegin insert described aboveend insert.begin delete 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 deletebegin insert The bill would require the board to increase each of the annual membership fees described above by an additional $30, to be allocated only to support nonprofit organizations that provide free legal services to persons of limited means, except to the extent that a member elects not to support those activities. The bill would require that the invoice provided to members for payment of the annual membership fee provide each member the option of deducting $30 from the annual membership fee if the member elects not to have this amount allocated for the purposes described above.end 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.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 6034 is added to the Business and
2Professions Code
, to read:

3

6034.  

The State Bar of California is authorized and directed
4to participate as a state agency in the Interagency Intercept
5Collections Program established pursuant to Section 12419.2 of
6the Government Code for the collection of any unpaid amounts
7owed to the State Bar of California, including any fine, penalty,
8assessment, cost, or reimbursement imposed under Section
96086.10, subdivision (c) of Section 6140.5, and any other
10applicable law. All funds received by the State Bar of California
11shall be allocated for the purposes established pursuant to Section
126033.

13

SEC. 2.  

Section 6140 of the Business and Professions Code is
14amended to read:

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6140.  

(a) The board shall fix the annual membership fee for
2active members for 2014 at a sum not exceeding three hundred
3fifteen dollars ($315).

4(b) The annual membership fee for active members is payable
5on or before the first day of February of each year. If the board
6finds it appropriate and feasible, it may provide by rule for payment
7of fees on an installment basis with interest, by credit card, or other
8means, and may charge members choosing any alternative method
9of payment an additional fee to defray costs incurred by that
10election.

11(c) This section shall remain in effect only until January 1, 2015,
12and, as of that date, is repealed, unless a later enacted statute, that
13is enacted before January 1, 2015, deletes or extends that date.

14begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 6140.03 is added to the end insertbegin insertBusiness and
15Professions Code
end insert
begin insert, to read:end insert

begin insert
16

begin insert6140.03.end insert  

(a) The board shall increase each of the annual
17membership fees fixed by Sections 6140 and 6141 by an additional
18thirty dollars ($30), to be allocated only for the purposes
19established pursuant to Section 6033, except to the extent that a
20member elects not to support those activities.

21(b) The invoice provided to members for payment of the annual
22membership fee shall provide each member the option of deducting
23thirty dollars ($30) from the annual membership fee if the member
24elects not to have this amount allocated for the purposes
25established pursuant to Section 6033.

end insert
begin delete26

SEC. 3.  

Section 6140.01 of the Business and Professions Code
27 is amended to read:

28

6140.01.  

(a) Thirty dollars ($30) of the annual membership
29fee authorized pursuant to Sections 6140 and 6141 shall be
30allocated for the purposes established pursuant to Section 6033,
31except to the extent that a member elects not to support those
32activities.

33(b) The invoice provided to members for payment of the annual
34membership fee shall provide each member the option of deducting
35thirty dollars ($30) from the annual membership fee if the member
36elects not to have this amount allocated as provided in this section.

37(c) The allocation pursuant to this section shall be known as the
38Temporary Emergency Legal Services Voluntary Assistance
39Option.

end delete


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