BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 134| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 134 Page 2 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: SB 134 Page 3 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. SB 134 Page 4 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 SB 134 Page 5 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 **** END ****