BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 387|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   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.  









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          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  







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                                                                    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)







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          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


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