BILL NUMBER: AB 984 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Nava
FEBRUARY 27, 2009
An act to amend Section 17525 of the Business and
Professions Code, relating to cyber piracy. An act to
add Sections 6047.5, 6047.7, and 6047.9 to the Business and
Professions Code, relating to the State Bar of California.
LEGISLATIVE COUNSEL'S DIGEST
AB 984, as amended, Nava. Cyber piracy.
State Bar of California: law school accreditation.
The State Bar Act regulates the practice of law in this state by
the board of governors of the State Bar. Existing law authorizes the
board to establish an examining committee to administer the
requirements for admission to practice law. Existing law provides
that the Committee of Bar Examiners is charged with the
responsibility of accrediting law schools in California and sets
forth the standards for that accreditation. Existing law provides for
withdrawal of the accreditation or candidacy of a law school that
fails to comply with the educational standards, subject to specified
hearings and appeals processes.
This bill would require the board to seek recognition by the
Council for Higher Education Accreditation as an institutional
accrediting organization, and to ensure compliance with council
standards on accreditation. The bill would require the Committee of
Bar Examiners to establish an accreditation subcommittee to adopt
policies, rules, procedures, and processes for the accreditation of
law schools, to be funded by existing resources, as specified. The
bill would require the Committee of Bar Examiners to adopt an
appellate process for which a law school denied certification may
appeal that denial, subject to review by the Council for Higher
Education Accreditation or the appellate division of the superior
court.
Existing law provides that it is unlawful for a person, with a bad
faith intent, to register, traffic in, or use an Internet domain
name that is identical or confusingly similar to the personal name of
another living person or deceased personality, with certain
exceptions, as specified. Existing law makes a violation of that
provision a misdemeanor, as specified.
This bill would make a technical, nonsubstantive change to that
provision.
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 6047.5 is added to the
Business and Professions Code , to read:
6047.5. The board shall seek recognition by the Council for
Higher Education Accreditation as an institutional accrediting
organization, and shall ensure compliance with the certification
standards set forth by the Council for Higher Education
Accreditation.
SEC. 2. Section 6047.7 is added to the
Business and Professions Code , to read:
6047.7. (a) A permanent accreditation subcommittee shall be
established by the Committee of Bar Examiners to promulgate policies,
rules, procedures, and processes for law schools seeking
accreditation by the committee, subject to the standards described in
Section 6047.5.
(b) (1) The accreditation subcommittee shall consist of seven
members as follows:
(A) One member appointed by the Governor.
(B) One member appointed by the Senate Committee on Rules.
(C) One member appointed by the Speaker of the Assembly.
(D) Two members appointed by California accredited law schools.
(E) Two members appointed by the Committee of Bar Examiners, at
least one of whom shall have experience in legal education and
administration.
(2) Accreditation subcommittee members shall serve staggered terms
of five years. In order to establish staggered terms, two initial
members shall be appointed for three years, two shall be appointed
for four years, and three shall be appointed for five years. Each
subcommittee member shall be eligible to be reappointed for no more
than one additional consecutive term.
(c) The accreditation subcommittee shall be funded solely from
dues, fees, and inspection costs assessed on California accredited
law schools and from those portions of the State Bar currently
allocated for the oversight and regulation of California accredited
law schools.
SEC. 3. Section 6047.9 is added to the
Business and Professions Code , to read:
6047.9. (a) Any law school denied accreditation by the Committee
of Bar Examiners may appeal that denial pursuant to subdivision (b).
(b) For purposes of subdivision (a), the Committee of Bar
Examiners shall develop and implement an appellate process for which
a law school denied accreditation may appeal that denial, which
appellate process shall allow for review by the Council for Higher
Education Accreditation or the appellate division of the superior
court.
SECTION 1. Section 17525 of the Business and
Professions Code is amended to read:
17525. (a) It is unlawful for a person, with a bad faith intent,
to register, traffic in, or use a domain name, that is identical or
confusingly similar to the personal name of another living person or
deceased personality, without regard to the goods or services of the
parties.
(b) This section shall not apply if the name registered as a
domain name is connected to a work of authorship, including, but not
limited to, fictional or nonfictional entertainment, and dramatic,
literary, audiovisual, or musical works.
(c) A domain name registrar, a domain name registry, or any other
domain name registration authority that takes any action described in
subdivision (a) that affects a domain name shall not be liable to
any person for that action, regardless of whether the domain name is
finally determined to infringe or dilute a trademark or service mark.