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: 5/27/11
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. This bill also revises, and
recasts and renames the State Bar Board of Governors.
Senate Floor Analyses of 5/27/11 provide that protection of
the public shall be the highest priority for the State Bar
in exercising its licensing, regulatory, and disciplinary
functions. The amendments also rename the "Board of
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Governors" to be the "Board of Trustees" and revise the
make-up and size of that Board.
ANALYSIS :
Existing law, the State Bar Act, provides for the licensure
and regulation of attorneys by the State Bar of California,
a public corporation.
Under existing law, the State Bar is governed by a board
known as the Board of Governors of the State Bar. The
Board of Governors consists of 23 members, including 15
attorney members, one attorney member elected by the Board
of Directors of the California Young Lawyers Association,
six public members, and the President of the State Bar.
Existing law provides for the election of attorney members
to the board from specified counties included in State Bar
Districts. Under existing law, the public members of the
board are appointed by the Governor and the Legislature.
This bill revises and recast these provisions by renaming
the Board of Governors as the Board of Trustees and also
revises the composition of the board to include no more
than 23 members and no less than 19 members, as specified
and determined by the State Bar, to include the existing
six public members appointed by the Governor and the
Legislature and 13 attorney members. Under the bill, the
13 attorney members consists of six attorney members
elected from State Bar Districts based on the six court of
appeal districts, five attorney members appointed by the
Supreme Court, and two attorney members appointed by the
Speaker of the Assembly and the Senate Committee on Rules.
The bill requires these attorney members to serve for a
term of three years and limits the elected and Supreme
Court appointed members to being reappointed or reelected
for one additional term. With respect to the Supreme Court
appointments, the bill specifies criteria that the Supreme
Court should consider in making these appointments and
requires the State Bar to carry out the administrative
responsibilities related to the Supreme Court's
appointments.
The bill requires the State Bar to determine how to reduce
the Board of Trustees from 23 members to 19 members by
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October 31, 2014. The bill requires the State Bar to
develop a plan for implementing the transition to a
19-member board by January 31, 2012, and to submit a
written report detailing that plan to the Judiciary
Committees of the Legislature by January 31, 2012. The
bill also requires the State Bar to report annually to the
Judiciary Committees on its progress toward implementing
this transition. The bill prohibits the State Bar from
changing or abolishing a board member's term that commenced
prior to December 31, 2011, or forcing any board member to
resign whose term commenced prior to that date in order to
accomplish the transition. The bill also declares the
intent of the Legislature in this regard.
The bill makes other conforming changes related to the
renaming of the board and the establishment of both an
election and appointment process for attorney members of
the board.
Under existing law, the officers of the State Bar are a
president, four vice presidents, a secretary, and a
treasurer, and one of the vice presidents may also be
elected to the office of treasurer. Existing law requires
the board, within 270 days before the annual meeting, to
elect the officers for the ensuing year. Existing law
requires the president and other officers to be elected
from among members with specified terms. Under existing
law, the president may vote only in the case of a specified
tie vote.
This bill instead provides that the officers include a
president, a vice president, a secretary, and a treasurer.
The bill requires the board to elect the officers within 90
days before the annual meeting. The bill also authorizes
the president and the other officers to be elected from
among all members of the board. The bill also deletes the
limitation on the president's voting authority.
The bill requires the board to complete and implement a
five-year strategic plan and requires the president to
report to the Supreme Court, the Governor, and the
Judiciary Committees on certain aspects of the strategic
plan.
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Existing law establishes a Governance in the Public
Interest Task Force within the State Bar. The task force
is made up of 11 specified board members appointed by the
president. Existing law requires the task force to prepare
a report, which includes its recommendations for, among
other things, enhancing and ensuring the protection of the
public.
This bill instead reconstitutes the task force to be
comprised of a total of six members and the President of
the State Bar. Under the bill, the task force consists of
two elected attorney members, two appointed members, and
two public members who will be selected as specified. The
bill requires the task force to make suggestions to the
board regarding the strategic plan described above and
other issues as requested by the Legislature.
Existing law requires the Board of Governors to charge an
annual membership fee for active members of up to $315 for
2011.
This bill requires the board to charge that annual
membership fee for active members for 2012.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/31/11)
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
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."
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RJG:do 5/31/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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