Bill Text: CA SB211 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State Bar: board of trustees: reports: complaints: attorneys’ annual license fees: California Lawyers Association: Legal Services Trust Fund Commission: expenditure of funds.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2021-10-08 - Chaptered by Secretary of State. Chapter 723, Statutes of 2021. [SB211 Detail]

Download: California-2021-SB211-Amended.html

Amended  IN  Senate  May 05, 2021
Amended  IN  Senate  April 21, 2021
Amended  IN  Senate  April 14, 2021
Amended  IN  Senate  March 09, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 211


Introduced by Senator Umberg

January 12, 2021


An act to amend Sections 6056 and 6140 6056, 6140, and 6141 of, and to repeal Sections 6011 and 6069.5 of, the Business and Professions Code, relating to attorneys.


LEGISLATIVE COUNSEL'S DIGEST


SB 211, as amended, Umberg. State Bar: board of trustees: report: attorneys’ annual license fees: California Lawyers Association.
Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. The State Bar is governed by a board of trustees, to consist under the act of no more than 19 members and no fewer than 13 members. The act states that it is the intent of the Legislature that the board transition to a 13-member board, as specified, with the goal of instituting such a board by October 31, 2020.
This bill would delete these provisions on the size of the board of trustees.
Existing law requires the State Bar to assist in the establishment of a private, nonprofit corporation, named the California Lawyers Association. Existing law requires the California Lawyers Association to be governed in accordance with its bylaws and sets forth requirements for the bylaws, including membership of its governing board.
This bill would delete the provision requiring the California Lawyers Association to be governed in accordance with its bylaws and setting forth requirements for its bylaws.
The act requires the State Bar to conduct a review and study regarding errors and omissions insurance for attorneys licensed in this state, including determinations on prescribed topics, and to report its findings to the Supreme Court and the Legislature no later than March 31, 2019.
This bill would delete that study and report requirement.
Existing law requires the board to appoint a lawyer admitted to practice in California to serve as chief trial counsel, and makes the appointment subject to confirmation by the Senate. Existing law authorizes the chief trial counsel to, among other things, initiate and conduct investigations of all matters affecting or relating to the discipline of the licensees, unlawful practice of law, or unlawful solicitation of business for an attorney at law or law firm.
Existing law, until January 1, 2022, requires the board to charge an annual license fee for active licensees of up to $395 for 2021. The act also requires the board to charge an annual license fee for inactive licensees of up to $97.40 for inactive licensees on and after January 1, 2021.

This bill, until January 1, 2023, would require the board to charge an annual license fee of $395 for active licensees for 2022.

This bill would prohibit the board from charging the annual license fee for active licensees for 2022 and the annual license fee for inactive licensees for 2022 and thereafter unless and until the Senate confirms the appointment of the chief trial counsel, in which case the bill would require the board to charge those annual license fees up to unspecified amounts.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6011 of the Business and Professions Code is repealed.

SEC. 2.

 Section 6056 of the Business and Professions Code is amended to read:

6056.
 (a) The State Bar, acting pursuant to Section 6001, shall assist the Sections of the State Bar to incorporate as a private, nonprofit corporation organized under Section 501(c)(6) of the Internal Revenue Code and shall transfer the functions and activities of the 16 State Bar Sections and the California Young Lawyers Association to the new private, nonprofit corporation, to be called the California Lawyers Association. The California Lawyers Association shall be a voluntary association, shall not be a part of the State Bar, and shall not be funded in any way through mandatory fees collected by the State Bar. The California Lawyers Association shall have independent contracting authority and full control of its resources. The California Lawyers Association shall not be considered a state, local, or other public body for any purpose, including, but not limited to, the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(b) The California Lawyers Association shall establish the criteria for membership in the California Young Lawyers Association. The California Lawyers Association may change the name of the California Young Lawyers Association to another name consistent with the criteria for membership and its mission.
(c) The State Bar may assist the California Lawyers Association in gaining appointment to the American Bar Association (ABA) House of Delegates, consistent with the California Lawyers Association’s mission and subject to the consent of the ABA.
(d) The State Bar shall support the California Lawyers Association’s efforts to partner with the Continuing Education of the Bar (CEB), subject to agreement by the University of California.
(e) The State Bar of California shall ensure that State Bar staff who support the sections, as of September 15, 2017, are reassigned to other comparable positions within the State Bar.
(f) The Sections of the State Bar or the California Lawyers Association and the State Bar shall enter into a memorandum of understanding regarding the terms of separation of the Sections of the State Bar from the State Bar and mandatory duties of the California Lawyers Association, including a requirement to provide all of the following:
(1) Low- and no-cost mandatory continuing legal education (MCLE).
(2) Expertise and information to the State Bar, as requested.
(3) Educational programs and materials to the licensees of the State Bar and the public.
(g) The State Bar of California shall assist the California Lawyers Association in meeting the association’s requirement to provide low- and no-cost MCLE by the inclusion on the State Bar’s Internet Web site internet website of easily accessible links to the low- and no-cost MCLE provided by the California Lawyers Association.

SEC. 3.

 Section 6069.5 of the Business and Professions Code is repealed.

SEC. 4.

 Section 6140 of the Business and Professions Code is amended to read:

6140.
 (a) The board shall not charge an annual license fee for active licensees for 2022 unless and until the Senate confirms the appointment of the chief trial counsel, in which case the board shall fix the annual license fee for active licensees for 2022 at a sum not exceeding three hundred ninety-five dollars ($395). ____.
(b) The annual license fee for active licensees is payable on or before the first day of February of each year. year or 30 days after the date the Senate confirms the appointment of the chief trial counsel, whichever is later. If the board finds it appropriate and feasible, it may provide by rule for payment of fees on an installment basis with interest, by credit card, or other means, and may charge licensees choosing any alternative method of payment an additional fee to defray costs incurred by that election.
(c) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

SEC. 5.

 Section 6141 of the Business and Professions Code is amended to read:

6141.
 (a) On January 1, 2021, 2022, and thereafter, the board shall not charge an annual license fee for inactive licensees unless and until the Senate confirms the appointment of the chief trial counsel, in which case the board shall fix the annual license fee for inactive licensees at a sum not exceeding ninety-seven dollars and forty cents ($97.40). ____. The annual license fee for inactive licensees is payable on or before the first day of February of each year. year or 30 days after the date the Senate confirms the appointment of the chief trial counsel, whichever is later.
(b) An inactive licensee shall not be required to pay the annual license fee for inactive licensees for any calendar year following the calendar year in which the licensee attains 70 years of age.