SB 345 Senate Bill

BILL NUMBER: SB 345	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 3, 2013
	AMENDED IN ASSEMBLY  AUGUST 21, 2013

INTRODUCED BY   Senator Evans

                        FEBRUARY 20, 2013

   An act to amend  Sections   Section 
6140  and 6140.01  of, and to add  Section
  Sections  6034  and 6140.03  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 2013
 and to allocate $20 of that fee to support nonprofit
organizations that provide free legal services to persons of limited
means, except as specified.   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. 
   This bill would, until January 1, 2015, require the board to
charge  that   the  annual membership fee
for active members  described above  .  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.
  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. 
   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:

  SECTION 1.  Section 6034 is added to the Business and Professions
Code, to read:
   6034.  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.
  SEC. 2.  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.
   SEC. 3.    Section 6140.03 is added to the  
Business and Professions Code   , to read:  
   6140.03.  (a) The board shall increase each of the annual
membership fees fixed by Sections 6140 and 6141 by an additional
thirty dollars ($30), to be allocated only for the purposes
established pursuant to Section 6033, except to the extent that a
member elects not to support those activities.
   (b) The invoice provided to members for payment of the annual
membership fee shall provide each member the option of deducting
thirty dollars ($30) from the annual membership fee if the member
elects not to have this amount allocated for the purposes established
pursuant to Section 6033.  
  SEC. 3.    Section 6140.01 of the Business and
Professions Code is amended to read:
   6140.01.  (a) Thirty dollars ($30) 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.
   (b) The invoice provided to members for payment of the annual
membership fee shall provide each member the option of deducting
thirty dollars ($30) from the annual membership fee if the member
elects not to have this amount allocated as provided in this section.

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