California 2021-2022 Regular Session Status: Enacted 1 D cosponsors

SB 211 — State Bar: board of trustees: reports: complaints: attorneys' annual license fees: California Lawyers Association: Legal Services Trust Fund Commission: expenditure of funds.

Last action — Chaptered by Secretary of State. Chapter 723, Statutes of 2021.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 12, 2021. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) 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. (2) 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. (3) 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. (4) Existing law requires the State Bar to issue an Annual Discipline Report by April 30 of each year and requires the report to cover the previous calendar year. This bill would require that report to be provided by October 31 of each year and would require the report to cover the period from July 1 of the previous calendar year to June 30 of the year in which the report is issued, except as provided. The bill would revise the information the State Bar is required to include in the report. (5) Existing law states, among other things, that it is the goal and policy of the State Bar to dismiss a complaint, admonish the attorney, or forward a completed investigation to the Office of Trial Counsel within 6 months after receipt of a written complaint. Existing law also requires the State Bar to set as a goal the improvement of its disciplinary system, as specified. This bill would revise the goal and policy of the State Bar as it relates to complaints alleging attorney misconduct and would require, among other things, the State Bar to propose, no later than October 31, 2022, case processing standards for competently, accurately, and timely resolving cases within the Office of Chief Trial Counsel, as specified. The bill would state that it is also the goal and policy of the State Bar, as to complaints designated as complicated matters by the Chief Trial Counsel, to dismiss a complaint, admonish the attorney, or have the Office of Chief Trial Counsel file formal charges within 12 months after it receives a complaint alleging attorney misconduct. (6) 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 would require the board to charge the annual license fee for active licensees for 2022 and the annual license fee for inactive licensees for 2022 up to $395 and $97.40, respectively. (7) Existing law requires the State Bar to provide offers of discounts and other benefits to their active and inactive licensees, and to require any revenue generated by these programs to be used as provided. Existing law requires 13 of revenue from certain programs to go to California ChangeLawyers, which shall then distribute the revenue to qualified legal services projects and support centers. This bill would, among other things, permit a qualified legal services project or support center to elect in writing to direct their allocation to California ChangeLawyers for fellowships for law students and law graduates at qualified legal services projects and support centers. The bill would require California ChangeLawyers to use a competitive grant application process for determining grant awards, as specified. (8) Existing law requires the board to contract with the California State Auditor's Office to conduct a performance audit of the State Bar's operations every 2 years, as prescribed. This bill would require the California State Auditor's Office to conduct an independent audit to determine whether the State Bar's attorney complaint and discipline process adequately protects the public from misconduct by licensed attorneys or those who wrongfully hold themselves out as licensed attorneys, as prescribed. The bill would require the audit to be submitted by no later than April 15, 2022, to specified entities. The bill would require the State Bar to use existing resources to reimburse the California State Auditor's Office for the costs of conducting the audit. The bill would also remove obsolete provisions. (9) Existing law requires an attorney or law firm receiving or disbursing trust funds to establish and maintain an Interest On Lawyers' Trust Accounts (IOLTA) account in which the attorney or law firm is required to deposit or invest all specified client deposits or funds. Existing law directs IOLTA account interest and dividends to be paid to the State Bar of California to be distributed for the provision of civil legal services to indigent persons in a prescribed order, including, after payment of administrative costs, 85% of remaining funds to qualified legal services projects. This bill would create within the State Bar a Legal Services Trust Fund Commission to administer IOLTA accounts, Equal Access Funds, or similar funds or grant moneys intended for the support of qualified legal services projects and support centers. The bill would establish the composition and duties of the commission, including, but not limited to, requiring the commission to establish rules to determine an applicant's eligibility and grant-making decisions. The bill would provide that the provisions relating to the commission supersede any conflicting State Bar rules regarding the commission or its responsibilities or oversight by the board of trustees. Existing law sets forth allocation procedures for IOLTA funds going towards qualified legal services projects based on total budget expended for legal services in the county as compared in the prior year, as provided, and requires the State Bar to recognize only expenditures attributable to the representation of indigent persons as constituting the budget of the program. Existing law prohibits the use of these moneys for criminal proceedings. This bill would remove the requirement that the State Bar recognize only expenditures attributable to the representation of indigent persons as constituting the budget of the program. The bill would provide that civil legal services includes, in addition to matters traditionally considered civil, legal services related to expungements, record sealing or clearance proceedings not requiring a finding of factual innocence, and infractions. The bill would make technical and conforming changes in this regard. (10) This bill would incorporate additional changes to Section 6213 of the Business and Professions Code proposed by SB 498 to be operative only if this bill and SB 498 are enacted and this bill is enacted last.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 723, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2520.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 72. Noes 0. Page 2812.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered to second reading.

  11. From committee: Do pass as amended. (Ayes 11. Noes 0.) (July 13).

  12. Referred to Com. on JUD.

  13. In Assembly. Read first time. Held at Desk.

  14. Read third time. Passed. (Ayes 37. Noes 0. Page 1064.) Ordered to the Assembly.

  15. Read second time and amended. Ordered to consent calendar.

  16. From committee: Do pass as amended. Ordered to consent calendar. (Ayes 11. Noes 0. Page 1019.) (May 4).

  17. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  18. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  19. Set for hearing May 4.

  20. Re-referred to Com. on JUD.

  21. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  22. Referred to Com. on RLS.

  23. From printer. May be acted upon on or after February 12.

  24. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB211 Umberg Concurrence

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 22001
Democratic 12001
Republican 4000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Bates — Yea
Kamlager — Yea
Wilk — Yea
Leyva — Yea
Rubio — Yea
Hertzberg — Yea
Pan — Yea
Bradford — Yea
Borgeas — Yea
Gonzalez — Yea
Skinner — Yea
Glazer — Yea
Melendez — Yea
Min — Yea
Portantino — Yea
Atkins — Yea
Dodd — Yea
Roth — Yea
Wieckowski — Yea
Hueso — Yea
Nielsen — Yea
Newman — Yea
Eggman — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

SB 211 Umberg Senate Third Reading By Stone

Passed 72 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 38006
Republican 9000
Democratic 25002
Total 72008
% of votes cast 90%0%0%10%
How each member voted (80)
Member Party Vote
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Kiley — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Smith — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Voepel — Yea
Friedman — Yea
Cooley — Yea
Mathis — Yea
Bigelow — Yea
Chiu — Yea
Mullin — Yea
Holden — Yea
Chau — Yea
Gray — Not Voting
Levine — Not Voting
Bloom — Not Voting
Wood — Not Voting
Rendon — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Not Voting
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Consent Calendar SB211

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 23000
Democratic 10003
Republican 4000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Hertzberg — Yea
Borgeas — Yea
Newman — Yea
Wilk — Yea
Pan — Yea
Bates — Yea
Portantino — Yea
Wieckowski — Yea
Nielsen — Yea
Dodd — Yea
Skinner — Yea
Atkins — Yea
Kamlager — Yea
Hueso — Yea
Gonzalez — Yea
Roth — Yea
Leyva — Yea
Min — Yea
Melendez — Yea
Bradford — Yea
Rubio — Yea
Glazer — Yea
Eggman — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass as amended, and be ordered to the Consent Calendar

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4000
Democratic 6000
Republican 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Borgeas — Yea
Gonzalez — Yea
Hertzberg — Yea
Wieckowski — Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety finance civil-rights labor
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Frequently asked questions

What does SB 211 do?
(1) 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. (2) 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. (3) 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. (4) Existing law requires the State Bar to issue an Annual Discipline Report by April 30 of each year and requires the report to cover the previous calendar year. This bill would require that report to be provided by October 31 of each year and would require the report to cover the period from July 1 of the previous calendar year to June 30 of the year in which the report is issued, except as provided. The bill would revise the information the State Bar is required to include in the report. (5) Existing law states, among other things, that it is the goal and policy of the State Bar to dismiss a complaint, admonish the attorney, or forward a completed investigation to the Office of Trial Counsel within 6 months after receipt of a written complaint. Existing law also requires the State Bar to set as a goal the improvement of its disciplinary system, as specified. This bill would revise the goal and policy of the State Bar as it relates to complaints alleging attorney misconduct and would require, among other things, the State Bar to propose, no later than October 31, 2022, case processing standards for competently, accurately, and timely resolving cases within the Office of Chief Trial Counsel, as specified. The bill would state that it is also the goal and policy of the State Bar, as to complaints designated as complicated matters by the Chief Trial Counsel, to dismiss a complaint, admonish the attorney, or have the Office of Chief Trial Counsel file formal charges within 12 months after it receives a complaint alleging attorney misconduct. (6) 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 would require the board to charge the annual license fee for active licensees for 2022 and the annual license fee for inactive licensees for 2022 up to $395 and $97.40, respectively. (7) Existing law requires the State Bar to provide offers of discounts and other benefits to their active and inactive licensees, and to require any revenue generated by these programs to be used as provided. Existing law requires 13 of revenue from certain programs to go to California ChangeLawyers, which shall then distribute the revenue to qualified legal services projects and support centers. This bill would, among other things, permit a qualified legal services project or support center to elect in writing to direct their allocation to California ChangeLawyers for fellowships for law students and law graduates at qualified legal services projects and support centers. The bill would require California ChangeLawyers to use a competitive grant application process for determining grant awards, as specified. (8) Existing law requires the board to contract with the California State Auditor's Office to conduct a performance audit of the State Bar's operations every 2 years, as prescribed. This bill would require the California State Auditor's Office to conduct an independent audit to determine whether the State Bar's attorney complaint and discipline process adequately protects the public from misconduct by licensed attorneys or those who wrongfully hold themselves out as licensed attorneys, as prescribed. The bill would require the audit to be submitted by no later than April 15, 2022, to specified entities. The bill would require the State Bar to use existing resources to reimburse the California State Auditor's Office for the costs of conducting the audit. The bill would also remove obsolete provisions. (9) Existing law requires an attorney or law firm receiving or disbursing trust funds to establish and maintain an Interest On Lawyers' Trust Accounts (IOLTA) account in which the attorney or law firm is required to deposit or invest all specified client deposits or funds. Existing law directs IOLTA account interest and dividends to be paid to the State Bar of California to be distributed for the provision of civil legal services to indigent persons in a prescribed order, including, after payment of administrative costs, 85% of remaining funds to qualified legal services projects. This bill would create within the State Bar a Legal Services Trust Fund Commission to administer IOLTA accounts, Equal Access Funds, or similar funds or grant moneys intended for the support of qualified legal services projects and support centers. The bill would establish the composition and duties of the commission, including, but not limited to, requiring the commission to establish rules to determine an applicant's eligibility and grant-making decisions. The bill would provide that the provisions relating to the commission supersede any conflicting State Bar rules regarding the commission or its responsibilities or oversight by the board of trustees. Existing law sets forth allocation procedures for IOLTA funds going towards qualified legal services projects based on total budget expended for legal services in the county as compared in the prior year, as provided, and requires the State Bar to recognize only expenditures attributable to the representation of indigent persons as constituting the budget of the program. Existing law prohibits the use of these moneys for criminal proceedings. This bill would remove the requirement that the State Bar recognize only expenditures attributable to the representation of indigent persons as constituting the budget of the program. The bill would provide that civil legal services includes, in addition to matters traditionally considered civil, legal services related to expungements, record sealing or clearance proceedings not requiring a finding of factual innocence, and infractions. The bill would make technical and conforming changes in this regard. (10) This bill would incorporate additional changes to Section 6213 of the Business and Professions Code proposed by SB 498 to be operative only if this bill and SB 498 are enacted and this bill is enacted last.
Who sponsors SB 211?
SB 211 is sponsored by Umberg, Thomas J. (Democratic).
What is the current status of SB 211?
This bill has been enacted into law. Introduced January 12, 2021. Enacted.
Where can I track SB 211?
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