BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 387| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 387 Author: Jackson (D) Introduced:2/24/15 Vote: 21 SENATE JUDICIARY COMMITTEE: 7-0, 5/12/15 AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski SUBJECT: Attorneys: annual membership fees SOURCE: State Bar of California DIGEST: This bill authorizes the State Bar of California to collect active membership dues of up to $390 for the year 2016. ANALYSIS: Existing law: 1)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 Trustees to pay for discipline and other functions must be ratified by the Legislature. SB 387 Page 2 2)Authorizes the State Bar to collect $315 in annual membership fees from active members for a total annual dues bill of $390 for the year 2015. The other $75 is pursuant to statutory authorization to assess annually the following fees: $40 for the Client Security Fund; $25 for disciplinary; and $10 to fund the Lawyer Assistance Program. 3)Authorizes the State Bar to collect $75 in annual membership fees from inactive members for a total annual dues bill of $115 for the year 2015. The other $40 is pursuant to statutory authorization to assess annually the following fees: $10 for the Client Security Fund; $25 for disciplinary activities; and $5 to fund the Lawyer Assistance Program. 4)Authorizes the State Bar to increase the annual membership fees by an additional $40, to be allocated only for purposes of providing voluntary support for nonprofit organizations that provide free legal services to persons of limited means. Members have the option of deducting the $40 from the annual membership fee if they elect not to have the amount allocated for the purposes of legal services. This bill authorizes the State Bar to collect active membership dues of up to $390 for the year 2016. Background The State Bar of California is a public corporation. 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. (Cal. Const., art. VI, Sec. 9.) The State Bar of California is the largest state bar in the country. As of May 2015, the State Bar had 183,978 active members and 55,240 inactive members, which represents a slight annual increase in both active members and inactive members. Total State Bar membership is listed at 253,208, which includes 2,149 judge SB 387 Page 3 members and 11,840 members who are "Not Eligible to Practice Law." The State Bar's programs are financed mostly by annual membership dues paid by attorneys as well as other fees paid by applicants seeking to practice law. This bill authorizes the State Bar to collect the annual membership dues for 2016. Comments The author writes, "SB 387 seeks to authorize the State Bar of California to collect membership dues for 2016. The State Bar's current authority to collect membership dues sunsets on January 1, 2016." The author further notes that the annual bar dues bill is the vehicle by which the Legislature performs its historic oversight function of the State Bar. Prior Legislation Previous legislation on State Bar membership dues: AB 2746 (Committee on Judiciary, Chapter 429, Statutes of 2014) SB 345 (Evans, Chapter 681, Statutes of 2013) AB 2685 (Committee on Judiciary, Chapter 348, Statutes of 2012) SB 163 (Evans, Chapter 417, Statutes of 2011) AB 2764 (Committee on Judiciary, Chapter 476, Statutes of 2010) SB 55 (Corbett, Chapter 2, Statutes of 2010) SB 641 (Corbett, 2009) was vetoed by the Governor. AB 3049 (Committee on Judiciary, Chapter 165, Statutes of 2008) SB 686 (Corbett, Chapter 474, Statutes of 2007) AB 1529 (Jones, Chapter 341, Statutes of 2005) AB 145 (Committee on Budget, Chapter 75, Statutes of 2005) SB 1490 (Committee on Judiciary, Chapter 384, Statutes of 2004) AB 1708 (Committee on Judiciary, Chapter 334, Statutes of 2003) SB 352 (Kuehl, Chapter 24, Statutes of 2001) SB 1367 (Schiff, Chapter 118, Statutes of 2000) SB 387 Page 4 SB 144 (Schiff, Chapter 342, Statutes of 1999) FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified5/14/15) State Bar of California (source) OPPOSITION: (Verified5/14/15) None received Prepared by:Benjamin Palmer / JUD. / (916) 651-4113 5/15/15 15:24:29 **** END ****