BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 163|
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THIRD READING
Bill No: SB 163
Author: Evans (D)
Amended: As introduced
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 5/10/11
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SUBJECT : State Bar Act
SOURCE : State Bar of California
DIGEST : This bill authorizes the State Bar of California
(State Bar or the Bar) to collect active membership dues of
up to $410 for the year 2012, which continues the current
active dues amount of $410. Consistent with existing law,
those dues will fund only mandatory programs of the State
Bar, and members can deduct five dollars if they did not
wish to support lobbying and other legislative activities.
Members can also deduct an additional five dollars if they
did not wish to fund access and elimination of bias
programs. Existing law also directs $10 of membership dues
to legal services purposes unless a member elects not to
support those activities.
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
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Board of Governors to pay for discipline and other
functions must be ratified by the Legislature. (Business &
Professions Code Section 6000 et seq.)
Existing law provides that the State Bar shall be governed
by a 23-member Board of Governors (Board), comprised of 16
lawyers elected by members of the Bar from nine specified
districts for three-year staggered terms, and six public
non-lawyer members, four of whom are appointed by the
governor, one who is appointed by the Senate Rules
Committee, and one who is appointed by the Speaker of the
Assembly. The 23rd member of the Bar Board is its
president, who is elected by the other board members to
serve a fourth single year. (Business & Professions Code
Section 6010 et seq.)
Existing law provides for the Governance in the Public
Interest Task Force in the State Bar and requires that task
force to submit a report by May 15, 2011, and every three
years thereafter, to the Supreme Court, the Governor, and
the Senate and Assembly Judiciary Committees containing
recommendations for enhancing the protection of the public,
as specified. (Business & Professions Code Section
6001.2.)
Existing law authorizes the State Bar to collect $315 in
annual membership fees from active members for a total
annual dues bill of $410 for the year 2011. (Business &
Professions Code Section 6140.) The other $95 is pursuant
to statutory authorization to assess annually the following
fees: $40 for the Client Security Fund (Business &
Professions Code Section 6140.55); $25 for disciplinary
activities (Business & Professions Code Section 6140.6);
$10 to fund the Lawyer Assistance Program (Business &
Professions Code Section 6140.9); $10 special assessment to
fund information technology upgrades (expires January 1,
2014) (Business & Professions Code Section 6140.35); and
$10 for the Building Fund (expires January 1, 2014)
(Business & Professions Code Section 6140.3).
Existing law authorizes the State Bar to collect $75 in
annual membership fees from inactive members for a total
annual dues bill of $125. (Business & Professions Code
Section 6141.) The other $50 is pursuant to statutory
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authorization to assess annually the following fees: $10
for the Client Security Fund (Business & Professions Code
Section 6140.55); $25 for disciplinary activities (Business
& Professions Code Section 6140.6); $5 to fund the Lawyer
Assistance Program (Business & Professions Code Section
6140.9); and $10 for the Building Fund (expires January 1,
2014) (Business & Professions Code Section 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 $10 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.
(Business & Professions Code Section 6140.05, Keller v.
State Bar of California (1990) 496 U.S. 1.)
Existing law directs $10 of membership dues to legal
services purposes unless a member elects not to support
those activities. (Business & Professions Code Section
6140.01.)
This bill authorizes the State Bar to collect active
membership dues of up to $410 for the year 2012.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/11/11)
State Bar of California (source)
ARGUMENTS IN SUPPORT : In support of the bill, the
sponsor, State Bar of California, writes that it is
"pleased to support Senate Bill 163. Existing law requires
the Board of Governors to charge annual membership dues for
members. SB 163 will extend for one year (2012) the State
Bar's authority to collect the dues needed to keep it
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operating in order to ensure public protection and the
proper regulation of attorneys. The bill simply extends
this authority and the amount is not increased by this
legislation."
RJG:do 5/12/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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