BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 163|
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UNFINISHED BUSINESS
Bill No: SB 163
Author: Evans (D)
Amended: 9/2/11
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 5/10/11
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SENATE FLOOR : 39-0, 6/2/11
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De León, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Simitian, Steinberg, Strickland, Vargas, Walters, Wolk,
Wright, Wyland, Yee
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR : 68-9, 09/08/11 - See last page for vote
SUBJECT : State Bar Act
SOURCE : State Bar of California
DIGEST : This bill implements major changes to the
governance structure of the State Bar (Bar) to maximize the
Bars prioritization of public protection in all of its
activities and makes other reforms to the Bar's governance
structure. In addition, this bill provides a $10 reduction
in dues for all Bar members in 2012 and increases the
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amount Bar members may voluntarily choose to contribute to
help address the ongoing crisis in legal services for the
next two years only.
Assembly Amendments (1) add guidelines to be followed
relative to fee rebates and the distribution of funds
derived from those fees; and (2) repeals provisions
establishing a task force and provide for a new task force
ion January 1, 2013.
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
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.
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.
Existing law establishes a Governance in the Public
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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.
Existing law requires the Board of Governors to charge an
annual membership fee for active members of up to $315 for
2011. Existing law also requires the board to charge an
annual membership fee for inactive members of up to $75.
Existing law authorizes, until January 1, 2014, $10 of
those membership fees to be allocated to support nonprofit
organizations that provide free legal service to persons of
limited means, and authorizes a member to deduct that
amount from his/her annual fee if the member elects not to
make this allocation.
Specifically, this bill , among other things:
1. Provides a $10 reduction in dues for all Bar members in
2012 only.
2. Provides that protection of the public shall be the
highest priority of the Bar.
3. Revises the composition and size of the board of
trustees.
4. Phases in the transition to the smaller board.
5. Requires the board to ensure that its open meeting
requirements are consistent with, and conform to, the
Bagley-Keene Open Meeting Act.
6. Requires the board to complete and implement a five-year
strategic plan.
7. Increases from the current $10 to $20 for the next two
years the amount that Bar members may voluntarily (but
need not) choose to allocate to address the ongoing
crisis in legal services for Californians of lesser
means, unless any Bar member chooses not to support
those activities, in which case the member shall receive
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a commensurate reduction of that amount in their
membership dues.
8. Acknowledges that the Bar has also voluntarily committed
to transferring $2 million in 2012 and $2 million in
2013 (unless the bar finds in 2013 that its general fund
faces overriding extraordinary circumstances) from
non-mandatory dues monies to nonprofit legal services
organizations regulated by the Bar to similarly help
ensure that all Californians have equal access to
justice.
9. Places a one-year "pause" on the Governance in the
Public Interest Task Force next year to await the new
trustee appointments to be made the following year.
10.Clarifies that specified conflict of interest provisions
apply to new public members appointed to the board after
the enactment of this measure.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 9/7/11)
State Bar of California (source)
Beverly Hills Bar Association
OPPOSITION : (Verified 9/7/11)
The Sacramento Bar Association
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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ASSEMBLY FLOOR : 68-9, 09/08/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Carter,
Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Gatto, Gordon, Hagman, Halderman, Hall, Harkey,
Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman,
Jeffries, Jones, Knight, Lara, Bonnie Lowenthal, Ma,
Mendoza, Miller, Mitchell, Monning, Nestande, Olsen, Pan,
Perea, V. Manuel Pérez, Portantino, Silva, Skinner,
Solorio, Swanson, Torres, Wagner, Wieckowski, Williams,
Yamada, John A. Pérez
NOES: Donnelly, Garrick, Grove, Logue, Mansoor, Morrell,
Norby, Smyth, Valadao
NO VOTE RECORDED: Campos, Gorell, Nielsen
RJG:do 9/9/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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