Bill Text: CA SB345 | 2013-2014 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Attorneys: annual membership fees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-09 - Chaptered by Secretary of State. Chapter 681, Statutes of 2013. [SB345 Detail]

Download: California-2013-SB345-Enrolled.html

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BILL NUMBER: SB 345	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 12, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2013
	AMENDED IN ASSEMBLY  SEPTEMBER 3, 2013
	AMENDED IN ASSEMBLY  AUGUST 21, 2013

INTRODUCED BY   Senator Evans

                        FEBRUARY 20, 2013

   An act to amend Section 6140 of, and to add Sections 6034 and
6140.03 to, the Business and Professions Code, relating to attorneys.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 345, Evans. Attorneys: annual membership fees.
   Existing law, the State Bar Act, provides for the licensure and
regulation of attorneys by the State Bar of California, a public
corporation. The State Bar is governed by a board of trustees.
Existing law, until January 1, 2014, requires the board to charge an
annual membership fee for active members of up to $315 for 2013.
Existing law requires the board to charge an annual membership fee
for inactive members of up to $75. Existing law requires the State
Bar, until January 1, 2014, to allocate $20 of those fees to support
nonprofit organizations that provide free legal services to persons
of limited means, except to the extent that a member elects not to
support those activities.
   This bill would, until January 1, 2015, require the board to
charge the annual membership fee for active members described above.
The bill would require the board to increase each of the annual
membership fees described above by an additional $30, to be allocated
only to support nonprofit organizations that provide free legal
services to persons of limited means, except to the extent that a
member elects not to support those activities. The bill would require
that the invoice provided to members for payment of the annual
membership fee provide each member the option of deducting $30 from
the annual membership fee if the member elects not to have this
amount allocated for the purposes described above.
   Existing law generally authorizes the Controller to offset any
amount due a state agency from a person or entity against any amount
owing the person or entity by any state agency, as specified, and
requires the Controller, in conjunction with the Franchise Tax Board,
to develop a program to provide for multiple offsets to various
participating state agencies, as specified.
   This bill would authorize and direct the State Bar of California
to participate as a state agency in the program described above for
the collection of specified fines, penalties, assessments, costs, or
reimbursements owed to the State Bar of California.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6034 is added to the Business and Professions
Code, to read:
   6034.  The State Bar of California is authorized and directed to
participate as a state agency in the Interagency Intercept
Collections Program established pursuant to Section 12419.2 of the
Government Code for the collection of any unpaid amounts owed to the
State Bar of California, including any fine, penalty, assessment,
cost, or reimbursement imposed under Section 6086.10, subdivision (c)
of Section 6140.5, and any other applicable law. All funds received
by the State Bar of California shall be allocated for the purposes
established pursuant to Section 6033.
  SEC. 2.  Section 6140 of the Business and Professions Code is
amended to read:
   6140.  (a) The board shall fix the annual membership fee for
active members for 2014 at a sum not exceeding three hundred fifteen
dollars ($315).
   (b) The annual membership fee for active members is payable on or
before the first day of February of each year. If the board finds it
appropriate and feasible, it may provide by rule for payment of fees
on an installment basis with interest, by credit card, or other
means, and may charge members choosing any alternative method of
payment an additional fee to defray costs incurred by that election.
   (c) This section shall remain in effect only until January 1,
2015, and, as of that date, is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
  SEC. 3.  Section 6140.03 is added to the Business and Professions
Code, to read:
   6140.03.  (a) The board shall increase each of the annual
membership fees fixed by Sections 6140 and 6141 by an additional
thirty dollars ($30), to be allocated only for the purposes
established pursuant to Section 6033, except to the extent that a
member elects not to support those activities.
   (b) The invoice provided to members for payment of the annual
membership fee shall provide each member the option of deducting
thirty dollars ($30) from the annual membership fee if the member
elects not to have this amount allocated for the purposes established
pursuant to Section 6033.