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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                                UNFINISHED BUSINESS 


          Bill No:  SB 134
          Author:   Hertzberg (D), et al.
          Amended:  9/3/15  
          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

           SENATE FLOOR:  37-0, 6/3/15
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,  
            Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,  
            Moorlach, Nielsen, Pan, Pavley, Roth, Stone, Vidak,  
            Wieckowski, Wolk
           NO VOTE RECORDED:  Morrell, Nguyen, Runner

           ASSEMBLY FLOOR:  65-13, 9/8/15 - See last page for vote

           SUBJECT:   State Bar of California: Interest on Lawyers Trust  
                     Accounts: escheated funds: Public Interest Attorney  
                     Loan Repayment Program


          SOURCE:    Author

          DIGEST:   This bill requires funds in Interest on Lawyers' Trust  
          Accounts (IOLTA) that escheat to the state to be deposited into  
          the Abandoned IOLTA Property Account, which is established  
          within the Unclaimed Property Fund. This bill requires a portion  
          of the escheated IOLTA funds to be transferred annually into the  








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          Public Interest Attorney Loan Repayment Account to be  
          established by this bill within the State Treasury for the  
          purposes of providing, upon appropriation by the Legislature,  
          additional funding to the Student Aid Commission for the  
          administration of, and provision of loan assistance pursuant to,  
          the Public Interest Attorney Loan Repayment Program (Program).

          Assembly Amendments change the source of funding for the Program  
          from voluntary fees collected by the State Bar to a portion of  
          the escheated IOLTA funds.

          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.  

          2)Requires an attorney or law firm that, in the course of the  
            practice of law, receives or disburses trust funds to  
            establish and maintain an IOLTA account in which the attorney  
            or law firm shall deposit or invest all client deposits or  
            funds that are nominal in amount or are on deposit or invested  
            for a short period of time. 

          3)Provides, in the Unclaimed Property Law, or UPL, for the  
            escheat of property to the state and requires all property  
            that escheats to the state to be deposited into the Abandoned  
            Property Account in the Unclaimed Property Fund, which is  
            continuously appropriated for specified purposes, and  
            establishes procedures for submitting a claim for property  
            that has escheated.

          4)Establishes the Public Interest Attorney Loan Repayment  
            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:









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          1)Provides that all money received from funds held in an IOLTA  
            that escheat to the state shall be deposited into the  
            Abandoned IOLTA Property Account.

          2)States that 25 percent of the money in the Abandoned IOLTA  
            Property Account shall be deposited into the IOLTA Claims  
            Reserve Subaccount, and those funds shall, upon appropriation  
            by the Legislature, be available by the State Controller for  
            the payment of all refunds, claims, and costs related to  
            escheated IOLTA funds.

          3)Provides that the balance of the funds in the Abandoned IOLTA  
            Property Account, excluding funds in the subaccount, shall be  
            annually transferred to the Public Interest Attorney Loan  
            Repayment Account, as specified.

          4)Provides that funds in the Public Interest Attorney Loan  
            Repayment Account shall be used, upon appropriation by the  
            Legislature, by the Student Aid Commission for the purposes of  
            providing increased funding for, both the administration of  
            and the provision of loan assistance pursuant to, the Program.

          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 requires unclaimed  
          property in IOLTA, rather than escheating to the state, to be  
          deposited into a separate account, a portion of which may be  
          used, upon appropriation by the Legislature, to provide funding  
          for the existing Program.









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          Comments
          
          As stated by the author:

            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. . . . 

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Assembly Appropriations Committee, the State  
          Controller's Office has identified a total of $255,000 in 263  
          IOLTA accounts that have escheated to the state over the last 10  
          to 20 years, or an average of about $12,000 to $25,000 annually.  
           This level of revenue would be sufficient to provide loan  
          repayment assistance for a handful of lawyers each year, but  
          would not cover any of CSAC's administrative costs, which are  
          estimated at $100,000 annually for one position.  Since the  
          escheated monies, less any amount set aside to pay unclaimed  
          property claims, would otherwise go to the General Fund, all of  
          the program and administrative costs are essentially a General  
          Fund cost.


          SUPPORT:   (Verified9/8/15)


           California Attorneys, Administrative Law Judges and Hearing  
            Officers in State Employment 
           California Public Defenders Association
           California State Conference of the NAACP
           California Student Aid Commission
           Equal Justice Works
           Legal Aid Association of California
           Los Angeles County District Attorney's Office
           Mexican American Legal Defense and Educational Fund








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           University of California Hastings College of the Law
           University of the Pacific, McGeorge School of Law
           Ventura County Public Defender's Office
          Worksafe


          OPPOSITION:   (Verified9/8/15)


          None received
           
           
           ASSEMBLY FLOOR:  65-13, 9/8/15
           AYES: Achadjian, Alejo, Bigelow, Bloom, Bonilla, Bonta, Brown,  
            Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Mathis,  
            McCarty, Medina, Melendez, Mullin, Nazarian, O'Donnell, Olsen,  
            Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas,  
            Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,  
            Weber, Wilk, Williams, Wood, Atkins
           NOES: Travis Allen, Baker, Brough, Chang, Beth Gaines, Grove,  
            Hadley, Harper, Maienschein, Mayes, Obernolte, Patterson,  
            Waldron
           NO VOTE RECORDED: Chávez, Dahle

          Prepared by: Benjamin Palmer / JUD. / (916) 651-4113
          9/8/15 21:59:38


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