BILL ANALYSIS
AB 2764
Page 1
ASSEMBLY THIRD READING
AB 2764 (Judiciary Committee)
As Amended May 11, 2010
Majority vote
JUDICIARY 10-0
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|Ayes:|Feuer, Tran, Brownley, | | |
| |Evans, Hagman, Jones, | | |
| |Knight, Monning, Nava, | | |
| |Skinner | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Continues the State Bar's (Bar's) authority to assess
and collect dues from licensed attorneys in California, and
authorizes the Bar to continue to collect active membership dues
of up to $410 for the year 2011, maintaining 2009 dues levels.
EXISTING LAW :
1)Creates the State Bar of California as 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 Bar.
2)Authorizes the Bar to collect $315 in annual membership fees
from active members for a total annual dues bill of $410 for
the year 2010. The other $95 is pursuant to statutory
authorization to assess annually the following fees: $40 for
the Client Security Fund; $25 for disciplinary activities; $10
to fund the Lawyer Assistance Program; $10 special assessment
to fund information technology upgrades (expires January 1,
2011); and $10 for the Building Fund (expires January 1,
2014.)
3)Authorizes the Bar to collect $75 in annual membership fees
from inactive members for a total annual dues bill of $125 for
the year 2009. The other $50 is pursuant to statutory
authorization to assess annually the following fees: $10 for
the Client Security Fund; $25 for disciplinary activities; $5
to fund the Lawyer Assistance Program; and $10 for the
Building Fund (expires January 1, 2014)
AB 2764
Page 2
4)Allows members to deduct up to $10 from the mandatory dues if
the member does not wish to fund legislative activities and
non-Keller lobbying and activities with his or her dues.
(Keller v. Bar of California (1990) 496 U.S. 1.)
FISCAL EFFECT : None
COMMENTS : This Judiciary Committee bill authorizes the Bar to
collect annual membership fees, keeping with the typical
approach of an annual Judiciary Committee dues authorization
bill to provide appropriate legislative oversight of the Bar's
many important functions. Presently the bill solely authorizes
the Bar to continue to collect active membership dues of up to
$410 for the year 2011, maintaining dues at 2009 levels. As of
April 26, 2010, the Bar reported total Bar membership at 227,021
lawyers, comprised in part by 167,690 active members and 47,779
inactive members.
As noted, this bill will maintain the current $410 annual
membership dues level for active members at 2009 levels.
Existing law prohibits the use by the Bar of mandatory dues to
fund political and ideological activities, as a violation of a
member's First Amendment freedom of speech rights, where such
expenditures are not necessarily or reasonably incurred for the
purpose of regulating the legal profession or improving the
quality of the legal services available to the people of the
state (Keller). Current law also allows members to deduct $5
from their current dues if they do not want their dues used by
the Bar to lobby on legislation outside the limits of Keller,
and limits the Bar's expenditures on non-Keller lobbying and
related activities to an amount raised by members paying the "$5
voluntary dues," as specified by a formula. Thus, consistent
with existing law, the membership dues authorized by this bill
will fund only mandatory programs of the Bar, and any member may
deduct $5 from dues if the member does not wish to fund
"non-Keller" activities of the Bar.
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334
FN: 0004296