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SB-690 State Bar: disclosures.(2017-2018)

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Date Published: 03/27/2017 09:00 PM
SB690:v98#DOCUMENT

Amended  IN  Senate  March 27, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 690


Introduced by Senator Jackson

February 17, 2017


An act to amend Section 6060.25 of the Business and Professions Code, relating to attorneys, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 690, as amended, Jackson. State Bar: disclosures.
The State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation governed by a board of trustees, and provides that the State Bar is subject to the Bagley-Keene Open Meeting Act and the California Public Records Act, as specified. That act requires an applicant for admission to the State Bar to, among other things, take and pass the California bar examination. That act prohibits the State Bar from disclosing any identifying information submitted by an applicant for admission and provides that all such information is confidential.
This bill would revise that provision to prohibit disclosure of, and provide for the confidentiality of, any information submitted by an applicant to the State Bar for admission and all State Bar admission records, information received from an educational or testing entity that is collected by the State Bar for certain purposes, or any statistical or other derivative information created by the State Bar using that information if the statistical or derivative information contains details that may be used to identify applicants. The bill would also authorize the disclosure of specified information submitted by an applicant to the State Bar for admission and license to practice, information, including the names of applicants who have passed any examination administered by the State Bar. The authorization The bill’s provisions would apply commencing January 1, 2016.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6060.25 of the Business and Professions Code is amended to read:

6060.25.
 (a) Notwithstanding any other law, any identifying the following shall be confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code):
(1) Any information submitted by an applicant to the State Bar for admission and a license to practice law and all State Bar admission records, including, but not limited to, bar examination scores, law school grade point average (GPA), undergraduate GPA, Law School Admission Test scores, and race or ethnicity, and any ethnicity.
(2) Any information received from an educational or testing entity that is collected by the State Bar for the purpose of research or statistical activities in connection with any State Bar examination.
(3) Any statistical or other derivative information contained within the State Bar Admissions database or any file or other data created by the State Bar with information submitted by the applicant that may identify an individual applicant, other than information described in subdivision (b), shall be confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). using the information subject to paragraph (1) or (2) above if the statistical or other derivative information contains details that may be used to identify applicants.
(b) This section does not prohibit the disclosure of any of the following:
(1) The names of applicants who have passed any examination administered, given, or prescribed by the Committee of Bar Examiners.
(2) Information that is provided at the request of an applicant to another jurisdiction where the applicant is seeking admission to the practice of law.
(3) Information provided to a law school that is necessary for the purpose of the law school’s compliance with accreditation or regulatory requirements.
(4) Information provided to other agencies, persons, jurisdictions, law schools, and others in connection with the investigation that is conducted to determine the good moral character required by subdivision (b) of Section 6060 of this code.

(4)

(5) Information provided to the National Conference of Bar Examiners or a successor nonprofit organization in connection to the State Bar’s administration of any examination.

(5)This subdivision shall apply retroactively to January 1, 2016.

(6) Information about an individual applicant disclosed pursuant to the express written permission of that individual applicant, except that under this provision the bar examination scores of passing applicants only may be disclosed to other jurisdictions.
(7) Reports or publications prepared by or for the State Bar of California if the information contained in the report or publication may not be used to identify an individual applicant.
(c) Disclosure of any of the information in paragraphs (2) to (4), inclusive, of subdivision (b) shall not constitute a waiver of the exemption from disclosure under Section 6254.5 of the Government Code of the exemption from disclosure provided for in subdivision (a) of this section. Code.
(d) This section shall apply retroactively to January 1, 2016.

SEC. 2.

 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order for the State Bar to fulfill its licensing and regulatory duties relating to admission to practice, it is necessary that this act take effect immediately.