BILL NUMBER: SB 55	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  DECEMBER 10, 2009
	AMENDED IN SENATE  MAY 20, 2009
	AMENDED IN SENATE  MAY 13, 2009
	AMENDED IN SENATE  APRIL 22, 2009

INTRODUCED BY   Senator Corbett
    (   Coauthor:   Senator   Harman
  ) 
    (   Coauthors:   Assembly Members 
 Feuer   and Tran   ) 

                        JANUARY 15, 2009

    An act to amend Section 14551 of, and to repeal Section
14523.5 of, the Public Resources Code, relating to recycling.
  An act to amend Sections 6008.6 and 6140 of, to add
Sections 6140.37 and 6161.2 to, 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, and declaring the urgency thereof, to take effect
immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 55, as amended, Corbett.  Recycling: California
redemption value containers.   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,
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 until January 1, 2014, 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 for active members of up to $315
for the year 2009. Existing law also requires the board to charge an
annual membership fee for inactive members of up to $75. Under
existing law, these fees are payable on or before the first day of
February of each year.  
   This bill would require the board to charge that annual membership
fee for active members for 2010. The bill would specify that, for
2010, the annual membership fee for active members and inactive
members is payable on or before the first day of March.  
   (3) Existing law 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 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. 

   This bill would declare that it is to take effect immediately as
an urgency statute.  
   The Department of Conservation is required to establish reporting
periods of 6 months each for redemption rates and recycling rates for
specified types of beverage containers. The act also requires the
department to determine the redemption rates and recycling rates for
those beverage containers for each reporting period and to issue a
report on those determinations. The act defines various words for
purposes of those provisions, including redemption rate. 

   This bill would delete the provisions that require the department
to establish reporting periods for redemption rates and that require
the department to determine redemption rates for specified types of
beverage containers. The bill also would delete the definition of
redemption rate. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  yes   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 purposes 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 relat
  ed 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  2009   2010  at a sum
not exceeding three hundred fifteen dollars ($315).
   (b)  The annual membership fee for active members  for 2010
 is payable on or before the first day of  February of
each year   March 2010 . 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) Notwithstanding subdivision (a) of Section 6141, the annual
membership fee for inactive members for 2010 is payable on or before
the first day of March 2010.  
   (c) 
    (d)  This section shall remain in effect only until
January 1,  2010   2011  , and, as of that
date, is repealed, unless a later enacted statute, that is enacted
before January 1,  2010   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 55 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 fifty
thousand dollars ($50,000) and one hundred thousand ($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. 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. 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. 
   SEC. 7.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to continue the licensure and regulatory functions of the
State Bar of California and the public protection efforts of the
State Bar of California, it is necessary that this act take effect
immediately.  
  SECTION 1.    Section 14523.5 of the Public
Resources Code is repealed.  
  SEC. 2.    Section 14551 of the Public Resources
Code is amended to read:
   14551.  (a) The department shall establish reporting periods for
the reporting of recycling rates. Each reporting period shall be six
months. The department shall determine all of the following for each
reporting period and shall issue a report on its determinations,
within 130 days of the end of each reporting period:
   (1) Sales of beverages in aluminum beverage containers, bimetal
beverage containers, glass beverage containers, plastic beverage
containers, and other beverage containers in this state, including
refillable beverage containers.
   (2) Returns for recycling, and returns not for recycling, of empty
aluminum beverage containers, bimetal beverage containers, glass
beverage containers, plastic beverage containers, and other beverage
containers in this state, including refillable beverage containers
returned to distributors pursuant to Section 14572.5. These numbers
shall be calculated using the average current weights of beverage
containers, as determined and reported by the department.
   (3) An aluminum beverage container recycling rate, the numerator
of which shall be the number of empty aluminum beverage containers
returned for recycling, including refillable aluminum beverage
containers, and the denominator of which shall be the number of
aluminum beverage containers sold in this state.
   (4) A bimetal beverage container recycling rate, the numerator of
which shall be the number of empty bimetal containers returned for
recycling, including refillable bimetal beverage containers, and the
denominator of which shall be the number of bimetal beverage
containers sold in this state.
   (5) A glass beverage container recycling rate, the numerator of
which shall be the number of empty glass beverage containers returned
for recycling, including refillable glass beverage containers, and
the denominator of which shall be the number of glass beverage
containers sold in this state.
   (6) A plastic beverage container recycling rate, the numerator of
which shall be the number of empty plastic beverage containers
returned for recycling, including refillable plastic beverage
containers, and the denominator of which shall be the number of
plastic beverage containers sold in this state.
   (7) A recycling rate for other beverage containers, the numerator
of which shall be the number of empty beverage containers other than
those containers specified in paragraphs (1) to (6), inclusive,
returned for recycling, and the denominator of which shall be the
number of beverage containers, other than those containers specified
in paragraphs (1) to (6), inclusive, sold in this state.
   (8) The department may define categories of other beverage
containers, and report a recycling rate for each of those categories
of other beverage containers.
   (9) The volumes of materials collected from certified recycling
centers, by city or county, as requested by the city or county, if
the reporting is consistent with the procedures established pursuant
to Section 14554 to protect proprietary information.
   (b) The department shall determine the manner of collecting the
information for the reports specified in subdivision (a), including
establishing procedures, to protect any proprietary information
concerning the sales and purchases.