AB 2958 — State Bar of California.

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. Existing law creates within the State Bar a Governance in the Public Interest Task Force, which is required to prepare and submit a report every 3 years that includes recommendations for enhancing the protection of the public and ensuring that protection of the public is the highest priority in the licensing, regulation, and discipline of attorneys, as specified. This bill would repeal those provisions establishing and imposing duties on the Governance in the Public Interest Task Force. (2) The State Bar is governed by a board of trustees. Existing law requires the board to consist of 13 members appointed by certain authorities for a term of 4 years, requires appointing authorities to fill vacancies, and limits the reappointment of certain members, as specified. Under this bill, the time served during the remainder of a midterm vacancy by any member appointed to fill that vacancy would not count toward any term limits for the member filling the vacancy. (3) Existing law prohibits the practice of law unless the person is an active licensee of the State Bar. This bill would require an entity of the State Bar exploring a regulatory sandbox or the licensing of nonattorneys as paraprofessionals to take specified actions, including prioritizing protecting individuals, especially those in need of legal assistance, from unscrupulous actors, including those actors seeking to do business in the legal field, above all else. The bill would require the State Bar to provide to the Senate and Assembly Committees on Judiciary by January 15, 2023, a report containing specified information relating to funding spent since 2018 to study the creation of a regulatory sandbox or the licensing of nonattorneys as paraprofessionals. The bill, on January 1, 2025, would repeal the reporting requirement and would limit the application of the other requirements described above to an entity of the State Bar exploring a regulatory sandbox. (4) Existing law, until January 1, 2023, requires the board to charge an annual license fee for active licensees of up to $395 for 2022. Existing law requires the board to charge an annual license fee for inactive licensees of up to $97.40. This bill, commencing January 1, 2023, until January 1, 2024, would require the board to charge an annual license fee of up to $390, or $386 if certain conditions are met, for active licensees for 2023. The bill would also decrease, commencing January 1, 2023, the maximum for the annual license fee for inactive licensees to $96.40 if certain conditions are met. (5) Existing law, until January 1, 2023, requires the board to increase specified annual license fees by an additional $45, to be allocated as specified, unless the licensee elects not to support the specified activities. Existing law would decrease, commencing January 1, 2023, that additional fee from $45 to $40. This bill would revise the additional license fee so that the fee amount remains at $45 on and after January 1, 2023. The bill would require the board, until December 31, 2024, to allocate $5 of the $45 fee amount to qualified legal services projects or qualified support centers, as defined, to fund law student summer fellowships for purposes of supporting law students interested in pursuing a career in legal services for indigent persons, as described. (6) Existing law also requires the invoice provided to licensees for the payment of the annual license fee to provide the option to deduct $5 from the annual license fee if the licensee elects not to support lobbying and related activities by the State Bar outside of specified parameters. Existing law provides that the determination of costs for lobbying and related activities by the State Bar includes, but is not limited to, overhead and administrative costs. This bill would instead provide that at the election of the board, the invoice may provide each licensee the option of adding up to $5 to the annual fee if the licensee elects to support such lobbying and related activities by the State Bar. The bill would remove the provision stating that the determination of costs for lobbying and related activities by the State Bar includes, but is not limited to, overhead and administrative costs. The bill would make conforming changes. The bill would make these changes operative on January 1, 2023. (7) Existing law requires the net proceeds from the sale of real property, as described, to be held by the State Bar without expenditure or commitment for any purpose until approved by the Legislature by statute. This bill would require the net proceeds from the sale of the State Bar's San Francisco office building, as described, to be held by the State Bar without expenditure or commitment for any purpose until approved by the Legislature by statute, except as provided. (8) Existing law requires 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 specified. Existing law requires this audit to be submitted by April 15, 2022, to specified persons. This bill would remove those provisions. 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 from July 1, 2000, to December 31, 2000, inclusive, as specified. Existing law requires the board, every two years thereafter, to contract with the California State Auditor's Office to conduct a performance audit of the State Bar's operations, commencing with January 1, 2022, to December 31, 2002, inclusive. This bill would, for the 2023 audit required by the provisions described above, require the California State Auditor's Office to conduct an audit, to be submitted to specified bodies by April 15, 2023, that evaluates each program or division of the State Bar receiving support from the annual State Bar licensing fees and other fees required of active and inactive licensees, including by conducting an assessment of how much fee revenue, staff, and resources are currently budgeted and subsequently expended to perform existing tasks and responsibilities, as specified. (9) Existing law requires the State Bar to actively engage in outreach activities to make licensees, the legal community, and the general public aware of the existence and availability of the Attorney Diversion and Assistance Program. This bill would require the outreach to include the development and certification of minimum continuing legal education courses relating to behavioral health issues and working in cooperation with organizations that provide services and support to attorneys with issues related to behavioral health. (10) Existing law, the Information Practices Act of 1977, requires any agency, as defined, that owns or licenses computerized data that includes personal information to disclose any breach of the security of the system following discovery or notification of the breach in the security of the data, as described. Under that act, any agency that maintains computerized data that includes personal information that the agency does not own is also required to notify the owner or licensee of the information of any breach of the security of the data following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Existing law sets forth requirements for the format and contents of the security breach notification. This bill would require the State Bar to comply with these disclosure requirements. (11) This bill would incorporate additional changes to Section 1798.29 of the Civil Code proposed by AB 1711 to be operative only if this bill and AB 1711 are enacted and this bill is enacted last. (12) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

• Chaptered 09/18/22 - Chaptered Current pdf September 18, 2022
• Enrolled 08/24/22 - Enrolled pdf August 24, 2022
• Amended 08/11/22 - Amended Senate pdf August 11, 2022
• Amended 06/15/22 - Amended Senate pdf June 15, 2022
• Amended 05/04/22 - Amended Assembly pdf May 04, 2022
• Amended 04/28/22 - Amended Assembly pdf April 28, 2022
• Introduced 03/08/22 - Introduced pdf March 08, 2022
• AB2958 View text html

Action History

1. September 18, 2022

   Chaptered by Secretary of State - Chapter 419, Statutes of 2022.

2. September 18, 2022

   Approved by the Governor.

3. August 29, 2022

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

4. August 22, 2022

   Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 0. Page 5981.).

5. August 18, 2022

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 20 pursuant to Assembly Rule 77.

6. August 17, 2022

   Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 34. Noes 1. Page 4877.).

7. August 15, 2022

   Read second time. Ordered to third reading.

8. August 11, 2022

   Read third time and amended. Ordered to second reading.

9. June 23, 2022

   Read second time. Ordered to third reading.

10. June 22, 2022

    From committee: Do pass. (Ayes 11. Noes 0.) (June 21).

11. June 15, 2022

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

12. May 25, 2022

    Referred to Com. on JUD.

13. May 12, 2022

    In Senate. Read first time. To Com. on RLS. for assignment.

14. May 12, 2022

    Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0. Page 4657.)

15. May 05, 2022

    Read second time. Ordered to third reading.

16. May 04, 2022

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

17. May 03, 2022

    From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 10. Noes 0.) (May 3).

18. May 02, 2022

    Re-referred to Com. on JUD.

19. April 28, 2022

    From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

20. March 17, 2022

    Referred to Com. on JUD.

21. March 09, 2022

    From printer. May be heard in committee April 8.

22. March 08, 2022

    Read first time. To print.

Sponsors

• Committee on Judiciary · Primary

Votes

Subjects