HB 265: "An Act making disbursements by the Alaska Bar Association subject to legislative appropriation as program receipts under the Fiscal Procedures Act and relating to the Alaska Bar Association's budget; relating to employees of the Alaska Bar Association; establishing the lawyers' fund for client protection in the general fund; and providing for an effective date."
00 HOUSE BILL NO. 265 01 "An Act making disbursements by the Alaska Bar Association subject to legislative 02 appropriation as program receipts under the Fiscal Procedures Act and relating to the 03 Alaska Bar Association's budget; relating to employees of the Alaska Bar Association; 04 establishing the lawyers' fund for client protection in the general fund; and providing 05 for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 08.08.080(c) is amended to read: 08 (c) Consistent with this chapter and the Alaska Bar Rules, the board may 09 (1) provide for employees of the Alaska Bar, the time, place and 10 method of their selection, and their respective powers, duties, terms of office, and 11 compensation; an employee hired under this paragraph is not a state employee for 12 any purpose; 13 (2) establish, collect, deposit, invest, and, subject to appropriation by
01 the legislature, disburse membership and admission fees, penalties, and other funds; 02 (3) sue in the name of the Alaska Bar in a court of competent 03 jurisdiction to enjoin a person from doing an act constituting a violation of this 04 chapter; 05 (4) provide for all other matters affecting in any way the organization 06 and functioning of the Alaska Bar. 07 * Sec. 2. AS 08.08 is amended by adding a new section to article 2 to read: 08 Sec. 08.08.105. Annual budget. The Board of Governors shall submit a 09 budget for the Alaska Bar Association for each fiscal year to the administrative 10 director of the Alaska Court System. The administrative director of the Alaska Court 11 System shall annually submit that estimated budget to the governor for information 12 purposes in the preparation of the executive budget. 13 * Sec. 3. AS 08.08 is amended by adding a new section to article 5 read: 14 Sec. 08.08.255. Lawyers' fund for client protection. (a) The lawyers' fund 15 for client protection is established in the general fund to compensate individuals who 16 have lost money, property, or other things of value as the result of the dishonest 17 conduct of a lawyer. 18 (b) The legislature may appropriate money to the fund from Alaska Bar 19 Association member dues, income earned on investment of the money in the fund, and 20 all money collected by the Alaska Bar Association under its subrogation rights of the 21 fund's applicants claims. Money in the fund does not lapse. The Alaska Bar 22 Association may use the money in the fund to pay for claims against the fund for 23 hearing and legal expenses directly related to fund operations and claims. Nothing in 24 this section creates a dedicated fund. 25 (c) A claim against the fund must meet the requirements and follow the 26 procedure established in the Alaska Bar Rules. A claim may not be made for a loss 27 that is covered by insurance or bond. 28 * Sec. 4. AS 37.05.146(c) is amended by adding a new paragraph to read: 29 (82) receipts of the Alaska Bar Association (AS 08.08.080(c)(2)). 30 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 APPLICABILITY. A claim filed before the effective date of sec. 3 of this Act against 02 the Alaska Bar Association's lawyers' fund for client protection shall be considered a claim 03 against the lawyers' fund for client protection established under AS 08.08.255, enacted by sec. 04 3 of this Act. 05 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 TRANSITIONAL PROVISIONS. The Alaska Bar Association shall transfer the 08 balance of the lawyers' fund for client protection existing before the effective date of this 09 section to the lawyers' fund for client protection established under AS 08.08.255, enacted by 10 sec. 3 of this Act. 11 * Sec. 7. This Act takes effect July 1, 2010.