BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 134 (Hertzberg) - State Bar of California:  voluntary fee  
          collection:  loan repayment program
          
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          |Version: May 13, 2015           |Policy Vote: JUD. 7 - 0         |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: May 26, 2015      |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File. 

          

          Bill  
          Summary:  SB 134 would authorize the State Bar to collect  
          voluntary fees on behalf of, and for the purpose of funding, the  
          Public Interest Attorney Loan Repayment Program. This bill would  
          repeal the limit on the number of warrants the Student Aid  
          Commission (Commission) may issue each fiscal year, which is  
          currently restricted to the number authorized in the annual  
          Budget Act.


          Fiscal  
          Impact:  Potentially significant one-time and ongoing state  
          costs of about $200,000 (General Fund) for the Commission to  
          establish and administer the program. To date, the program has  
          not been funded, and therefore, no resources have been dedicated  
          for program activities. The loan repayment awards would be  
          funded with the voluntary fee revenue, but the mechanism by  
          which the Commission would access the funds and whether the  
          funds are intended to support the Commission's workload as well  







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          as the awards, are unclear. 

          Further, as the number of warrants issued would no longer be  
          restricted by the number authorized in the annual Budget Act, to  
          the extent the Commission chooses to issue a number of warrants  
          that require funding in excess of the amount collected by the  
          State Bar, additional costs from the General Fund could be  
          required.


          Background:  Existing law provides for the Public Interest Attorney Loan  
          Repayment Program, established for licensed attorneys who  
          practice or agree to practice in public interest areas of the  
          law in this State. Existing law specifies that the program is to  
          be administered by the Student Aid Commission. (Education Code  
          (EC) § 69741.)

          Existing law specifies that participants are eligible for a  
          maximum of $11,000 in loan assistance for four years:  $2,000 in  
          loan repayment assistance for the first year, and $3,000 in loan  
          repayment assistance for each of the second, third, and fourth  
          years. Under existing law, in any fiscal year, the Commission is  
          limited to awarding no more than the number of warrants that are  
          authorized in the annual Budget Act for that fiscal year for the  
          assumption of loans. (EC § 69741.5.)



          Under existing law, the Commission is required to establish  
          eligibility criteria for participation in the Program based upon  
          need and merit. Further, the Commission is required to adopt  
          initial regulations for the Program within one year of the  
          effective date of the initial appropriation funding the Program.  
          Existing law provides that the Commission may use the funds  
          appropriated for the Program for the purpose of loan repayments  
          and to defray reasonable administrative costs. Existing law  
          additionally requires the Commission to annually establish the  
          total amount of funding to be awarded for loan repayments, and  
          requires the Commission to submit an annual written report to  
          the Legislature, as specified. (EC §§ 69742-69746.5.), 

          In 2001, AB 935 (Hertzberg) Chapter 881/2001 created the Public  
          Interest Attorney Loan Repayment. Initial regulations were to be  
          adopted within one year of the effective date of the initial  








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          appropriation funding the program. While the program was never  
          funded, the Legislative Analyst's Office (LAO) analysis of the  
          2007-08 Budget noted the following:
           
             The Legislature also authorized 100 warrants for the  
             Public Interest Attorney Loan Repayment Program. While  
             it was created several years ago, no warrants have  
             ever been authorized for this program. The Governor  
             vetoed the language authorizing these warrants, as  
             well as the $100,000 the Legislature had appropriated  
             for administrative costs. (LAO, California Spending  
             Plan 2007-08, The Budget Act and Related Legislation,  
             October 2007)


          Proposed Law:  
           This bill would expressly authorize the State Bar to collect  
          voluntary fees on behalf of, and for the purpose of funding, the  
          Public Interest Attorney Loan Repayment Program, which provides  
          loan assistance to licensed attorneys who practice or agree to  
          practice in public interest areas of the law in this state.
          Additionally, this bill deletes the existing provision of law  
          restricting the Commission to awarding no more than the number  
          of warrants that are authorized in the annual Budget Act for  
          that fiscal year for the assumption of loans.


          Prior  
          Legislation:  AB 935 (Hertzberg) Chapter 881/2001 created the  
          Public Interest Attorney Loan Repayment Program.


          Staff  
          Comments:  The Commission has indicated the provisions of this  
          bill will result in new workload that cannot be absorbed within  
          existing resources. First-year and ongoing costs of $207,000  
          representing two positions for development and administration of  
          the program are estimated. In the absence of other specified  
          provisions, the Commission has indicated the administrative  
          costs would be funded out of the General Fund. While the loan  
          repayment awards are intended to be funded with the voluntary  
          fee revenue, the mechanism by which the Commission would access  
          the funds from the State Bar, and whether the funds are intended  
          to support the Commission's workload as well as the awards, are  








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          unclear. 

          Staff notes that in addition to mandatory membership dues, the  
          State Bar annual fee statement includes various optional  
          donations that allow individuals to contribute to, among other  
          things, legal services, the California Bar Foundation, and the  
          California Supreme Court Historical Society. While the number  
          and amount of donations that the program would receive from its  
          184,000 active members through this collection method is  
          unknown, the additional option could result in either a net  
          increase in donations or potentially an offsetting decrease in  
          donations to other existing options.


          Recommended  
          Amendments:  To contain potential costs, staff recommends an  
          amendment to reinsert the language deleted in EC § 69741.5(b).  
          Additionally, to the extent the intent of the author is to fund  
          Commission workload with the voluntary fee revenues collected,  
          staff recommends an amendment to specify fee revenues collected  
          are for the purposes of supporting both the administration of  
          the program and the provision of loan assistance. 


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