Bill Text: CA SB1151 | 2019-2020 | Regular Session | Introduced
Bill Title: Attorney Diversion and Assistance Program: active and inactive licensee fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-03-05 - Referred to Com. on JUD. [SB1151 Detail]
Download: California-2019-SB1151-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Senate Bill
No. 1151
| Introduced by Senator Jones |
February 20, 2020 |
An act to amend Section 6140.9 of the Business and Professions Code, relating to attorneys.
LEGISLATIVE COUNSEL'S DIGEST
SB 1151, as introduced, Jones.
Attorney Diversion and Assistance Program: active and inactive licensee fees.
Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation, governed by a board of trustees, and provides that protection of the public is the highest priority of the State Bar and the board of trustees in exercising their licensing, regulatory, and disciplinary functions. Existing law declares the intent of the Legislature that the State Bar seek ways and means to identify and rehabilitate attorneys with impairment due to substance use or a mental health disorder affecting competency, as specified. Existing law requires the board of trustees to establish and administer the Attorney Diversion and Assistance Program and to establish a committee to oversee the operation of the program. Existing law authorizes attorneys and applicants who are in law school or have applied for admission to the State Bar to enter
the program, as specified.
Existing law generally requires participants in the program to be responsible for all expenses relating to treatment and recovery and authorizes the State Bar to charge a reasonable administrative fee to participants. Existing law, as an exception to those provisions, requires the State Bar to establish a financial assistance program for licensees and persons eligible for services who otherwise would be denied acceptance into the Attorney Diversion and Assistance Program solely due to the lack of ability to pay.
Existing law requires moneys for the support of the Attorney Diversion and Assistance Program, treatment services for those who cannot afford to pay, and related programs approved by the committee to be paid in whole or in part by an annual fee of $5 paid by each inactive licensee and the annual fee of $10 paid by each active licensee, except that, for 2020 only, inactive licensees are
not required to pay the fee, and the fee for active licensees is $1, which would be paid to a nonprofit corporation that has provided peer support to attorneys recovering from alcohol and substance abuse in a confidential and anonymous manner, as specified.
This bill instead would extend through 2021 the fee exemption for inactive licensees, and the reduction of the fee for active licensees to $1, which would be paid to that nonprofit corporation.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 6140.9 of the Business and Professions Code is amended to read:6140.9.
(a) Moneys for the support of the program established pursuant to Article 15 (commencing with Section 6230), treatment services for those who cannot afford to pay, and related programs approved by the committee established pursuant to Section 6231 shall be paid in whole or part by a fee of ten dollars ($10) per active licensee per year, and by a fee of five dollars ($5) per inactive licensee per year, except that for 2020 and 2021 only, the fee shall be one dollar ($1) per active licensee and zero dollars ($0) per inactive licensee. The State Bar is not required to expend any additional funds to either support those programs or to provide treatment services for those who cannot afford to pay.(b) On and after January 1, 2019, one dollar ($1) of the ten-dollar ($10) fee paid by each active licensee pursuant to subdivision (a) shall be transferred by the State Bar to a statewide nonprofit corporation, established by attorneys that has, for the last 25 years or more, provided peer support to attorneys recovering from alcohol and substance abuse in a confidential and anonymous manner, to fund the support of recovery efforts of the nonprofit corporation. In 2020 and 2021 only, the statewide nonprofit corporation shall receive the one dollar ($1) fee paid by each active licensee.
(c) Any nonprofit corporation that receives funds pursuant to subdivision (b) shall submit an annual report to the State Bar accounting for the use of the funds. The report shall be submitted to
the State Bar no later than March 1, 2020, and no later than March 1 of each year thereafter. The report shall include, but not be limited to, the following:
(1) An accounting of all receipts and expenditures of the funds.
(2) The balance of the funds as of the end of the previous calendar year.
(3) A brief narrative describing the goals of the work supported by the expenditures.
(4) A summary of the number of clients served, the modality of treatment, and any outcome data on the impact of the treatment.
(d) The board may seek alternative sources for funding the program. Any excess funds not needed to support the program, including reserve funds, may be transferred to fund the Client
Security Fund established pursuant to Section 6140.5, provided there are sufficient funds available to fully support the program.
