Bill Text: CA SB641 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: The State Bar Act.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB641 Detail]

Download: California-2009-SB641-Amended.html

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BILL NUMBER: SB 641	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 20, 2009
	AMENDED IN SENATE  MAY 6, 2009

INTRODUCED BY   Senator Corbett

                        FEBRUARY 27, 2009

   An act to amend Sections 6008.6 and 6140 of, to add 
Section   Sections 6140.37 and  6161.2 to, 
and  to add Article 10.2 (commencing with Section 6174) to
Chapter 4 of Division 3 of,  and to add and repeal Section
6140.38 of,  the Business and Professions Code, relating to the
State Bar Act.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 641, as amended, Corbett. The State Bar Act.
   Existing law, the State Bar Act, provides for the licensure and
regulation of attorneys by the State Bar of California, a public
corporation.
   (1) Existing law requires the State Bar to comply with specified
standards applicable to state agency contracts when awarding a
contract for goods, services, or both, for an aggregate amount in
excess of $50,000.
   This bill would require the State Bar to comply with those
standards when awarding a contract for information technology goods,
as defined, services, or both, only when the contract is for an
aggregate amount in excess of $100,000.  The bill would require
the State Bar to report to the judiciary committees of the
Legislature by April 1, 2010, and annually thereafter, on the impact
of this change. The bill would also require the   State Bar
to have a preference for using in-house employees for information
technology projects. 
   (2) Existing law requires the Board of Governors of the State Bar
to charge an annual membership fee to active members of up to $315
for the year 2009.
   This bill would require the board to fix the annual membership fee
for active members for 2010 at a sum not to exceed $315.
   (3) Existing law also provides for the registration and regulation
of law corporations, as defined. Existing law requires law
corporations to apply to the State Bar for registration and to supply
the State Bar with specified information. Existing law also requires
law corporations to pay a registration fee and an annual renewal fee
and specifies that all fees are paid into the treasury of the State
Bar.
   This bill would require these fees to be used for regulatory and
disciplinary purposes.
   (4) Existing law, the Uniform Partnership Act of 1994, provides
for the registration and regulation of limited liability partnerships
 , including those partnerships providing legal services  .
 The act requires, at the time of registration and at all times
these partnerships transact intrastate business, that these
partnerships provide specified security for claims arising out of the
practice of law.  The act  also  requires a limited
liability partnership providing professional services in this state
to comply with the administrative registration or filing requirements
of that profession's respective regulatory entity. In this regard,
the State Bar, pursuant to its Rules of the State Bar, requires
 these   those  partnerships  that
provide legal services  to register with the State Bar by
submitting an initial application and thereafter to renew annually
and to include the payment of a fee in each of these instances.
   This bill would require these fees to be used for regulatory and
disciplinary purposes.  The bill would also require applicants
for registration with the State Bar to file a separate form 
 stating that the limited liability partnership has complied with
the security requirements for claims arising out of the practice of
law. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6008.6 of the Business and Professions Code is
amended to read:
   6008.6.  The State Bar shall award no contract for goods,
services, or both, for an aggregate amount in excess of fifty
thousand dollars ($50,000), or for information technology goods,
services, or both, for an aggregate amount in excess of one hundred
thousand dollars ($100,000), except pursuant to the standards
established in Article 4 (commencing with Section 10335) of Chapter 2
of Part 2 of Division 2 of the Public Contract Code. The State Bar
shall establish a request for proposal procedure by rule, pursuant to
the general standards established in Article 4 (commencing with
Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public
Contract Code. For the purpose of this section, "information
technology" includes, but is not limited to, all electronic
technology systems and services, automated information handling,
system design and analysis, conversion voice, video, and data
communications, network systems, requisite facilities, equipment,
system controls, stimulation, electronic commerce, and all related
interactions between people and machines.
  SEC. 2.  Section 6140 of the Business and Professions Code is
amended to read:
   6140.  (a) The board shall fix the annual membership fee for
active members for 2010 at a sum not exceeding three hundred fifteen
dollars ($315).
   (b) The annual membership fee for active members is payable on or
before the first day of February of each year. 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 members 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,
2011, and, as of that date, is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
   SEC. 3.    Section 6140.37 is added to the  
Business and Professions Code   , to read:  
   6140.37.  The State Bar shall have a preference for using in-house
employees for information technology projects, whenever possible.
Nothing in this section shall be read to be inconsistent with any
memorandum of understanding between the State Bar and the recognized
employee organizations or any relevant principles of labor law. 

   SEC. 4.    Section 6140.38 is added to the  
Business and Professions Code   , to read:  
   6140.38.  (a) The State Bar shall report to the Senate Committee
on Judiciary and the Assembly Committee on Judiciary on or before
April 1, 2010, and annually thereafter, on the impact of the changes
made to Section 6008.6 by Senate Bill 641 of the 2009-10 Regular
Session. In addition to a description of the impact of those changes,
the report shall include, with specificity, the following: (1) the
projects that previously would have been required to comply with
Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of
Division 2 of the Public Contract Code, but are no longer subject to
that requirement because the contract amount is between $50,000 and
$100,000; and (2) whether the changes have improved the efficiency of
the contracting process. The report required by this section may be
included with the report described in Section 6140.36.
   (b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date. 
   SEC. 3.   SEC. 5.   Section 6161.2 is
added to the Business and Professions Code, to read:
   6161.2.  All fees for registration and renewal paid pursuant to
Sections 6161 and 6161.1 shall be paid into the treasury of the State
Bar and shall be used for its regulatory and disciplinary purposes.
   SEC. 4.   SEC. 6.   Article 10.2
(commencing with Section 6174) is added to Chapter 4 of Division 3 of
the Business and Professions Code, to read:

      Article 10.2.  Limited Liability Partnerships


   6174.  Pursuant to subdivision (h) of Section 16953 of the
Corporations Code, a limited liability partnership providing legal
services shall comply with all administrative or filing requirements
of the State Bar, including, but not limited to, the payment of fees,
and all rules and regulations adopted by the board and approved by
the Supreme Court. All fees shall be paid into the treasury of the
State Bar and shall be used for its regulatory and disciplinary
purposes. 
   6174.5.  At the time of filing an Application for Issuance of a
Certificate of Registration as a Limited Liability Partnership
pursuant to the Rules of the State Bar, an applicant for registration
shall also file with the State Bar a separate form stating that the
limited liability partnership has complied with the security
requirements described in paragraph (2) of subdivision (a) of Section
16956 of the Corporations Code.