BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2685| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ CONSENT Bill No: AB 2685 Author: Assembly Judiciary Committee Amended: As introduced Vote: 21 SENATE JUDICIARY COMMITTEE : 4-0, 7/3/12 AYES: Evans, Blakeslee, Corbett, Leno NO VOTE RECORDED: Harman ASSEMBLY FLOOR : 71-0, 5/10/12 - See last page for vote SUBJECT : Attorneys: annual membership fees SOURCE : Author DIGEST : This bill authorizes the State Bar of California to collect active membership dues of up to $410 for the year 2013. Consistent with existing law, those dues would fund only mandatory programs of the State Bar, and members can deduct $5 if they did not wish to support lobbying and other legislative activities. Members can also deduct an additional $5 if they did not wish to fund access and elimination of bias programs. ANALYSIS : Existing law requires all attorneys who practice law in California to be members of the State Bar and establishes the State Bar for the purpose of regulating the legal profession. Pursuant to the State Bar Act, the annual mandatory membership fee set by the State Bar's Board of Governors to pay for discipline and other CONTINUED AB 2685 Page 2 functions must be ratified by the Legislature. (Business and Professions Code (BPC) Sec. 6000 et seq.) Existing law authorizes the State Bar to collect $315 in annual membership fees from active members with a one-year only $10 rebate in 2012, for a total annual dues bill of $400 for the year 2012 only. (BPC Sec. 6140.) The other $95 is pursuant to statutory authorization to assess annually the following fees: $40 for the Client Security Fund (BPC Sec. 6140.55); $25 for disciplinary activities (BPC Sec. 6140.6); $10 to fund the Lawyer Assistance Program (BPC Sec. 6140.9); $10 special assessment to fund information technology upgrades (expires January 1, 2014) (BPC Sec. 6140.35); and $10 for the Building Fund (expires January 1, 2014) (BPC Sec. 6140.3). Existing law authorizes the State Bar to collect $75 in annual membership fees from inactive members with a one-year only $10 rebate in 2012, for a total annual dues bill of $115. (BPC Sec. 6141.) The other $50 is pursuant to statutory authorization to assess annually the following fees: $10 for the Client Security Fund (BPC Sec. 6140.55); $25 for disciplinary activities (BPC Sec. 6140.6); $5 to fund the Lawyer Assistance Program (BPC Sec. 6140.9); and $10 for the Building Fund (expires January 1, 2014) (BPC Sec. 6140.3). Existing case law, Keller v. State Bar of California (1990) 496 U.S. 1, prohibits the use by the State Bar of mandatory dues to fund political and ideological activities, as a violation of a member's First Amendment freedom of speech rights, where such expenditures were not necessarily or reasonably incurred for the purpose of regulating the legal profession or improving the quality of the legal services available to the people of the state. Existing law allows members to deduct up to $5 from the mandatory dues if the member does not wish to fund legislative activities and non-Keller lobbying and activities with his or her dues. (BPC Sec. 6140.05, Keller v. State Bar of California (1990) 496 U.S. 1.) Existing law, until January 1, 2014, directs $10 of membership dues to legal services purposes unless a member elects not to support those activities. (BPC Sec. CONTINUED AB 2685 Page 3 6140.01.) This bill authorizes the State Bar to collect active membership dues of up to $410 for the year 2013. According to the author, "Ýl]egislative authorization is required and this is part of the Senate and Assembly Judiciary Committees' annual oversight responsibilities of the Bar." FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No ASSEMBLY FLOOR : 71-0, 5/10/12 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Davis, Dickinson, Eng, Feuer, Fong, Fuentes, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jones, Knight, Lara, Bonnie Lowenthal, Ma, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Pan, Perea, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Cook, Donnelly, Fletcher, Furutani, Jeffries, Logue, Mansoor, Olsen, V. Manuel Pérez RJG:n 7/6/12 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END **** CONTINUED