BILL ANALYSIS Ó
AB 2746
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2746 (Judiciary Committee)
As Amended August 22, 2014
Majority vote
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|ASSEMBLY: |76-0 |(May 15, 2014) |SENATE: |33-1 |(August 26, |
| | | | | |2014) |
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Original Committee Reference: JUD.
SUMMARY : Reauthorizes attorney license fees at the same level
as the current year. Specifically, this bill :
1)Reauthorizes the State Bar of California (State Bar) to
collect active membership dues of up to $390 for the year
2015.
2)Increases by $10 the amount members of the State Bar may
choose to contribute voluntarily to the Emergency Legal Aid
Voluntary Assistance Option, and requires that all funds
received be distributed to qualified legal services projects
and support centers without deduction for administrative fees,
costs, or expenses by the State Bar.
3)Provides that notwithstanding the provisions of the Business
and Professions Code Sections 6009.7 and 6011 regarding a
19-member board, if the president is elected from among those
members of the board whose terms on the board expire that year
and has not been reelected or reappointed to another term
under Business and Professions Code Sections 6013.1, 6013.2,
6013.3, or 6013.5, the president shall serve as a 20th member
of the board during his or her one-year term, and he or she
may vote.
4)Provides that net proceeds from the sale or lease of real
property, if any, be held by the State Bar without expenditure
or commitment for any purpose until approved by the
Legislature by statute.
The Senate amendments add a new provision allowing a member of
the Board of Trustees to serve an additional year as president
of the board if elected to that position in the last year of his
or her term, revise by $2 the amount members may voluntarily
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choose to contribute to the support of nonprofit legal
organizations that assist low-income Californians, clarify the
use of funds received as voluntary contributions from members to
support legal aid organizations, consistently with the State
Bar's existing policy and practice, and specify that net
proceeds from the sale or lease of the State Bar's real property
after payment of obligations and encumbrances and reasonable
costs of acquiring and relocating its facilities, if any, shall
be held by the State Bar without expenditure or commitment for
any purpose until approved by the Legislature.
FISCAL EFFECT : None
COMMENTS : This non-controversial bill would reauthorize the
State Bar's authority to assess and collect dues from licensed
attorneys in California in order to support the State Bar's
regulatory functions, including discipline. It holds these dues
at current levels, which will continue to be $390 for the year
2015 - unchanged from last year.
Attorneys who wish to practice law in California generally must
be admitted and licensed in this state and must be a member of
the State Bar. (California Constitution Article VI, Section 9.)
The State Bar of California is the largest state bar in the
country. As of May 2014, the State Bar had 181,169 active
members and 53,768 inactive members, which represents a slight
annual increase in both active members and inactive members.
Total State Bar membership is listed at 248,271, which includes
2,147 judge members and 11,186 members who are "Not Eligible to
Practice Law." The State Bar's programs are financed almost
exclusively by annual membership dues paid by attorneys as well
as other fees paid by applicants seeking to practice law.
This bill would authorize the State Bar to collect active
membership dues of up to $390 for the year 2015, in addition to
a $40 optional fee for members who voluntarily choose to
contribute to the support of nonprofit legal aid organizations
that make free legal services available to poor Californians.
The mandatory fee of $390 holds mandatory fees constant at the
same rate as last year, when the fee was reduced by $20. The
optional legal aid fee continues the existing mechanism by which
members who choose to do so can help defray the cost of ensuring
that legal services are available without regard to ability to
pay market rates, consistently with each lawyer's professional
responsibility. The amount allowed for those lawyers who wish
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to contribute voluntarily would increase $10 from $30 to $40.
In addition, the bill provides that notwithstanding the
provisions of Business and Professions Code Sections 6009.7 and
6011 regarding a 19-member board, if the president is elected
from among those members of the board whose terms on the board
expire that year and has not been reelected or reappointed to
another term under Business and Professions Code Sections
6013.1, 6013.2, 6013.3, or 6013.5, the president shall serve as
a 20th member of the board during his or her one-year term, and
he or she may vote. Finally, this bill provides that net
proceeds from the sale or lease of real property, if any, be
held by the State Bar without expenditure or commitment for any
purpose until approved by the Legislature by statute.
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334
FN: 0005462