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.
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
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