BILL NUMBER: SB 641 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 6, 2009
INTRODUCED BY Senator Corbett
FEBRUARY 27, 2009
An act to amend Section 6140 of Sections
6008.6 and 6140 of, to add Section 6161.2 to, and to add Article 10.2
(commencing with Section 6174) to Chapter 4 of Division 3 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: fees.
Act.
Existing law, the State Bar Act, provides for the licensure and
regulation of attorneys by the State Bar of California, a public
corporation. Existing
(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.
(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. The act 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 partnerships
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.
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.
SECTION 1. 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 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. 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.