Cal. Bus. & Prof. Code § 6140.9

Current through the 2024 Legislative Session.
Section 6140.9 - [Effective until 1/1/2025] Moneys for support of certain programs
(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 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 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.
(e)
(1) Notwithstanding subdivision (d), the board may also disburse or appropriate any excess funds not needed to support the program, including reserve funds, to the State Bar's general fund.
(2) Any funds disbursed or transferred pursuant to paragraph (1) shall first be used to cover salaries and benefits of employees in bargaining units for which a memorandum of understanding has been agreed to by the State Bar before being used for any other purpose.
(f) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

Ca. Bus. and Prof. Code § 6140.9

Amended by Stats 2023 ch 697 (SB 40),s 26, eff. 1/1/2024.
Amended by Stats 2019 ch 698 (SB 176),s 13, eff. 1/1/2020.
Amended by Stats 2018 ch 659 (AB 3249),s 105, eff. 1/1/2019.
Amended by Stats 2017 ch 422 (SB 36),s 32, eff. 1/1/2018.
Amended by Stats 2005 ch 341 (AB 1529),s 6, eff. 1/1/2006
Amended by Stats 2001 ch 129 (SB 479), s 1, eff. 1/1/2002.
This section is set out more than once due to postponed, multiple, or conflicting amendments.