BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 134|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: SB 134
Author: Hertzberg (D), et al.
Amended: 6/2/15
Vote: 21
SENATE JUDICIARY COMMITTEE: 7-0, 5/5/15
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,
Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SUBJECT: State Bar of California: voluntary fee collection
SOURCE: Author
DIGEST: This bill expressly authorizes the State Bar to collect
voluntary fees on behalf of, and for the purpose of funding, the
Public Interest Attorney Loan Repayment Program.
ANALYSIS:
Existing law:
1) Requires all attorneys who practice law in
California to be members of the State Bar and establishes the
State Bar for the purpose of regulating the legal profession.
Pursuant to the State Bar Act, the annual mandatory membership
fee set by the State Bar's Board of Trustees to pay for
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discipline and other functions must be ratified by the
Legislature.
2) Authorizes the State Bar to collect voluntary
fees, including amounts to support the California Supreme
Court Historical Society and the provision of legal services.
3) Establishes the Public Interest Attorney Loan
Repayment Program (Program) for licensed attorneys who
practice or agree to practice in public interest areas of law
in this state and provides that participants are eligible for
a maximum of $11,000 in loan assistance for four years.
This bill authorizes the State Bar to collect, in conjunction
with the State Bar's collection of its annual membership dues,
voluntary fees on behalf of, and for the purpose of funding, the
Program, which provides loan assistance to licensed attorneys
who practice or agree to practice in public interest areas of
the law in this state.
Background
In 2001, AB 935 (Hertzberg, Chapter 881, Statutes of 2001)
created the Program to help repay educational loans for
participating California attorneys who practice, or agree to
practice, in public interest areas of law. Participants in the
Program are eligible for a maximum of $11,000 in loan assistance
for four years. The California Student Aid Commission (CSAC),
charged with administering the Program, was required to
establish eligibility criteria for the Program based upon need
and merit. Initial regulations were to be adopted within one
year of the effective date of the initial appropriation funding
the Program.
To provide funding for the Program, this bill seeks to expressly
authorize the State Bar to collect, in conjunction with its
annual membership dues, voluntary fees for the support of the
Program. Those fees would be collected as part of the annual
bar dues bill.
Comments
As stated by the author:
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The increasingly high levels of debt accrued while obtaining
a law degree, make it difficult for attorneys to serve in
public interest areas of law, since the average pay is lower
than it is in private practice. Public interest law offices
must retain talented attorneys to ensure that their
clientele consistently receive an acceptable level of
service and equal access to justice. . . . The bill allows
for licensed attorneys to donate to the Public Interest
Attorney Loan Repayment Program when paying their annual
State Bar dues.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee, potentially
significant one-time and ongoing state costs of about $200,000
(General Fund) for CSAC 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 and administration costs would be funded with
the voluntary fee revenue, but the mechanism by which CSAC would
access the funds is unclear.
SUPPORT: (Verified6/1/15)
California Public Defenders Association
California State Conference of the NAACP
Equal Justice Works
Los Angeles County District Attorney's Office
Mexican American Legal Defense and Educational Fund
University of California Hastings College of the Law
University of the Pacific, McGeorge School of Law
Ventura County Public Defender's Office
Worksafe
OPPOSITION: (Verified6/1/15)
None received
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Prepared by:Benjamin Palmer / JUD. / (916) 651-4113
6/2/15 14:06:13
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