BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 2685|
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                                    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 
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          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. 

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          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

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