BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2685|
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CONSENT
Bill No: AB 2685
Author: Assembly Judiciary Committee
Amended: As introduced
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 7/3/12
AYES: Evans, Blakeslee, Corbett, Leno
NO VOTE RECORDED: Harman
ASSEMBLY FLOOR : 71-0, 5/10/12 - See last page for vote
SUBJECT : Attorneys: annual membership fees
SOURCE : Author
DIGEST : This bill authorizes the State Bar of California
to collect active membership dues of up to $410 for the
year 2013. Consistent with existing law, those dues would
fund only mandatory programs of the State Bar, and members
can deduct $5 if they did not wish to support lobbying and
other legislative activities. Members can also deduct an
additional $5 if they did not wish to fund access and
elimination of bias programs.
ANALYSIS : Existing law 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 Governors to pay for discipline and other
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AB 2685
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functions must be ratified by the Legislature. (Business
and Professions Code (BPC) Sec. 6000 et seq.)
Existing law authorizes the State Bar to collect $315 in
annual membership fees from active members with a one-year
only $10 rebate in 2012, for a total annual dues bill of
$400 for the year 2012 only. (BPC Sec. 6140.) The other
$95 is pursuant to statutory authorization to assess
annually the following fees: $40 for the Client Security
Fund (BPC Sec. 6140.55); $25 for disciplinary activities
(BPC Sec. 6140.6); $10 to fund the Lawyer Assistance
Program (BPC Sec. 6140.9); $10 special assessment to fund
information technology upgrades (expires January 1, 2014)
(BPC Sec. 6140.35); and $10 for the Building Fund (expires
January 1, 2014) (BPC Sec. 6140.3).
Existing law authorizes the State Bar to collect $75 in
annual membership fees from inactive members with a
one-year only $10 rebate in 2012, for a total annual dues
bill of $115. (BPC Sec. 6141.) The other $50 is pursuant
to statutory authorization to assess annually the following
fees: $10 for the Client Security Fund (BPC Sec. 6140.55);
$25 for disciplinary activities (BPC Sec. 6140.6); $5 to
fund the Lawyer Assistance Program (BPC Sec. 6140.9); and
$10 for the Building Fund (expires January 1, 2014) (BPC
Sec. 6140.3).
Existing case law, Keller v. State Bar of California (1990)
496 U.S. 1, prohibits the use by the State 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 were 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. Existing law allows
members to deduct up to $5 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.
(BPC Sec. 6140.05, Keller v. State Bar of California (1990)
496 U.S. 1.)
Existing law, until January 1, 2014, directs $10 of
membership dues to legal services purposes unless a member
elects not to support those activities. (BPC Sec.
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AB 2685
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6140.01.)
This bill authorizes the State Bar to collect active
membership dues of up to $410 for the year 2013.
According to the author, "�l]egislative authorization is
required and this is part of the Senate and Assembly
Judiciary Committees' annual oversight responsibilities of
the Bar."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
ASSEMBLY FLOOR : 71-0, 5/10/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Davis, Dickinson, Eng,
Feuer, Fong, Fuentes, Beth Gaines, Galgiani, Garrick,
Gatto, Gordon, Gorell, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Roger Hern�ndez, Hill, Huber, Hueso,
Huffman, Jones, Knight, Lara, Bonnie Lowenthal, Ma,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Pan, Perea, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Cook, Donnelly, Fletcher, Furutani,
Jeffries, Logue, Mansoor, Olsen, V. Manuel P�rez
RJG:n 7/6/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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