2007 California Business and Professions Code Article 8. Revenue

CA Codes (bpc:6140.1-6145)

6140.1.  The State Bar annually shall submit its proposed baseline
budget for the following fiscal year to the Legislature by November
15, and its proposed final budget by February 15, so that the budget
can be reviewed and approved in conjunction with any bill that would
authorize the imposition of membership dues.  Each proposed budget
shall include the estimated revenues, expenditures, and staffing
levels for all of the programs and funds administered by the State
Bar.  Any bill that authorizes the imposition of membership dues
shall be a fiscal bill and shall be referred to the appropriate
fiscal committees; provided, however, that the bill may be approved
by a majority vote.
   The State Bar shall submit the budget documents in a form
comparable to the documents prepared by state departments for
inclusion in the Governor's Budget and the salaries and wages
supplement.  In addition, the bar shall provide supplementary
schedules detailing operating expenses and equipment, all revenue
sources, any reimbursements or interfund transfers, fund balances,
and other related supporting documentation.  The bar shall submit
budget change proposals with its final budget, explaining the need
for any differences between the current and proposed budgets.



6140.16.  The State Bar shall review its workload standards to
measure the effectiveness and efficiency of its disciplinary
activities, including, but not limited to, the State Bar Court and
the Client Security Fund, and provide guidance to the State Bar and
the Legislature in allocating resources. The standards shall be used
to reassess the numbers and classifications of staff required to
conduct the activities of the State Bar's disciplinary activities.
The review shall cover the calendar years of 1998, 1999, and 2000.
The State Bar shall submit a report to the Legislature on its review
of workload standards by June 30, 2001.


6140.2.  The State Bar shall set as a goal the improvement of its
disciplinary system so that no more than six months will elapse from
the receipt of complaints to the time of dismissal, admonishment of
the attorney involved, or the filing of formal charges by the State
Bar Office of Trial Counsel.


6140.35.  (a) The board may increase the annual membership fee fixed
by Section 6140 by an additional amount not exceeding ten dollars
(). This additional amount may be used only for the costs of
upgrading the board's information technology system, including
purchasing and maintenance costs and both computer hardware and
software. This special assessment for information technology upgrades
shall be separately listed and described in the annual membership
fee invoice, which shall include notice of the repeal of this section
on January 1, 2011.
   (b) This section shall remain in effect only until January 1,
2011, and, as of that date, is repealed.



6140.5.  (a) The board shall establish and administer a Client
Security Fund to relieve or mitigate pecuniary losses caused by the
dishonest conduct of active members of the State Bar, Foreign Legal
Consultants registered with the State Bar, and attorneys registered
with the State Bar under the Multijurisdictional Practice Program,
arising from or connected with the practice of law. Any payments from
the fund shall be discretionary and shall be subject to regulation
and conditions as the board shall prescribe. The board may delegate
the administration of the fund to the State Bar Court, or to any
board or committee created by the board of governors.
   (b) Upon making a payment to a person who has applied to the fund
for payment to relieve or mitigate pecuniary losses caused by the
dishonest conduct of an active member of the State Bar, the State Bar
is subrogated, to the extent of that payment, to the rights of the
applicant against any person or persons who, or entity that, caused
the pecuniary loss. The State Bar may bring an action to enforce
those rights within three years from the date of payment to the
applicant.
   (c) Any attorney whose actions have caused the payment of funds to
a claimant from the Client Security Fund shall reimburse the fund
for all moneys paid out as a result of his or her conduct with
interest, in addition to payment of the assessment for the procedural
costs of processing the claim, as a condition of continued practice.
The reimbursed amount, plus applicable interest and costs, shall be
added to and become a part of the membership fee of a publicly
reproved or suspended member for the next calendar year. For a member
who resigns with disciplinary charges pending or a member who is
suspended or disbarred, the reimbursed amount, plus applicable
interest and costs, shall be paid as a condition of reinstatement of
membership.
   (d) Any assessment against an attorney pursuant to subdivision (c)
that is part of an order imposing a public reproval on a member or
is part of an order imposing discipline or accepting a resignation
with a disciplinary matter pending, may also be enforced as a money
judgment. This subdivision does not limit the power of the Supreme
Court to alter the amount owed or to authorize the State Bar Court,
in the enforcement of a judgment under this subdivision, to approve
an agreement for the compromise of that judgment.



6140.55.  The board may increase the annual membership fees fixed by
it pursuant to Section 6140 by an additional amount per active
member not to exceed forty dollars (), and the annual membership
fees fixed by it pursuant to Section 6141 by an additional amount per
inactive member not to exceed ten dollars (), in any year, the
additional amount to be applied only for the purposes of the Client
Security Fund and the costs of its administration, including, but not
limited to, the costs of processing, determining, defending, or
insuring claims against the fund.



6140.6.  The board may increase the annual membership fees fixed by
Sections 6140 and 6141 by an additional amount not to exceed
twenty-five dollars () to be applied to the costs of the
disciplinary system.



6140.7.  Costs assessed against a member publicly reproved or
suspended, where suspension is stayed and the member is not actually
suspended, shall be added to and become a part of the membership fee
of the member, for the next calendar year.  Unless time for payment
of discipline costs is extended pursuant to subdivision (c) of
Section 6086.10, costs assessed against a member who resigns with
disciplinary charges pending or by a member who is actually suspended
or disbarred shall be paid as a condition of reinstatement of or
return to active membership.



6140.9.  Moneys for the support of the program established pursuant
to Article 15 (commencing with Section 6230) 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 () per active
member per year, and by a fee of five dollars () per inactive
member per year.
   The board may seek alternative sources for funding the program. To
the extent that funds from alternative sources are obtained and used
for the support of the program, and provided that at least ten
dollars () per active member and five dollars () per inactive
member is available for support of the program each year, funds
provided by the fee established by this section may be applied to the
costs of State Bar general fund programs.


6141.  (a)  Until December 31, 2006, the board shall fix the annual
membership fee for inactive members at a sum not exceeding sixty-five
dollars (). On January 1, 2007, and thereafter, the board shall
fix the annual membership fee for inactive members at a sum not
exceeding seventy-five dollars (). The annual membership fee for
inactive members is payable on or before the first day of February of
each year.
   (b) An inactive member shall not be required to pay the annual
membership fee for inactive members for any calendar year following
the calendar year in which the member attains the age of 70 years.



6141.1.  (a) The payment by any member of the annual membership fee,
any portion thereof, or any penalty thereon, may be waived by the
board as it may provide by rule. The board may require submission of
recent federal and state income tax returns and other proof of
financial condition as to those members seeking waiver of all or a
portion of their fee or penalties on the ground of financial
hardship.
   (b) The board shall adopt a rule or rules providing that an active
member who can demonstrate total gross annual individual income from
all sources of less than forty thousand dollars (,000) shall
presumptively qualify for a waiver of 25 percent of the annual
membership fee.


6142.  Upon the payment of the annual membership fees, including any
costs imposed pursuant to Section 6140.7, and penalties imposed
pursuant to Section 6143, each member shall receive a certificate
issued under the direction of the board evidencing the payment.




6143.  Any member, active or inactive, failing to pay any fees,
penalties, or costs after they become due, and after two months
written notice of his or her delinquency, shall be suspended from
membership in the State Bar.
   The member may be reinstated upon the payment of accrued fees or
costs and such penalties as may be imposed by the board, not
exceeding double the amount of delinquent dues, penalties, or costs.




6143.5.  Any member, active or inactive, failing to pay any child
support after it becomes due shall be subject to Section 17520 of the
Family Code.


6144.  All fees shall be paid into the treasury of the State Bar,
and, when so paid, shall become part of its funds.



6144.5.  It is the intent of the Legislature to confirm, validate,
and declare effective the annual membership fees, and all
augmentations, including, but not limited to, those made under
Sections 6140.3 and 6140.6, fixed and collected by the board for
1990, and all other acts arising from and related thereto.



6145.  (a) The board shall engage the services of an independent
national or regional public accounting firm with at least five years
of experience in governmental auditing for an audit of its financial
statement for each fiscal year. The financial statement shall be
promptly certified under oath by the Treasurer of the State Bar, and
a copy of the audit and financial statement shall be submitted within
120 days of the close of the fiscal year to the board, to the Chief
Justice of the Supreme Court, and to the Assembly and Senate
Committees on Judiciary.
   The audit shall examine the receipts and expenditures of the State
Bar and the State Bar sections to ensure that the receipts of the
sections are being applied, and their expenditures are being made, in
compliance with subdivision (a) of Section 6031.5, and that the
receipts of the sections are applied only to the work of the
sections.
   The audit also shall examine the receipts and expenditures of the
State Bar to ensure that the funds collected on behalf of the
Conference of Delegates of California Bar Associations as the
independent successor entity to the former Conference of Delegates of
the State Bar are conveyed to that entity, that the State Bar has
been paid or reimbursed for the full cost of any administrative and
support services provided to the successor entity, including the
collection of fees or donations on its behalf, and that no mandatory
dues are being used to fund the activities of the successor entity.
   In selecting the accounting firm, the board shall consider the
value of continuity, along with the risk that continued long-term
engagements of an accounting firm may affect the independence of that
firm.
   (b) The board shall contract with the Bureau of State Audits to
conduct a performance audit of the State Bar's operations from July
1, 2000, to December 31, 2000, inclusive. A copy of the performance
audit shall be submitted by May 1, 2001, to the board, to the Chief
Justice of the Supreme Court, and to the Assembly and Senate
Committees on Judiciary.
   Every two years thereafter, the board shall contract with the
Bureau of State Audits to conduct a performance audit of the State
Bar's operations for the respective fiscal year, commencing with
January 1, 2002, to December 31, 2002, inclusive. A copy of the
performance audit shall be submitted within 120 days of the close of
the fiscal year for which the audit was performed to the board, to
the Chief Justice of the Supreme Court, and to the Assembly and
Senate Committees on Judiciary.
   For the purposes of this subdivision, the Bureau of State Audits
may contract with a third party to conduct the performance audit.
This subdivision is not intended to reduce the number of audits the
Bureau of State Audits may otherwise be able to conduct.