California 2019 2019-2020 Regular Session

California Senate Bill SB176 Amended / Bill

Filed 03/27/2019

                    Amended IN  Senate  March 27, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 176Introduced by Senator JacksonJanuary 28, 2019 An act to amend Sections 6140 and 6141.1 of the Business and Professions Code, relating to attorneys. LEGISLATIVE COUNSEL'S DIGESTSB 176, as amended, Jackson. State Bar of California. California: annual license fee.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 protection of the public is the highest priority of the State Bar of California and the board of trustees in exercising their licensing, regulatory, and disciplinary functions. Existing law, until January 1, 2020, requires the board to charge an annual license fee for active licensees at a sum not exceeding $315 for 2019. Existing law authorizes the board to waive the payment by a licensee of the annual license fee, any portion thereof, or any penalty thereon, as the board is authorized to provide by rule. Existing law requires the board to adopt a rule or rules providing that an active licensee who can demonstrate total gross annual individual income from all sources of less than $40,000 presumptively qualifies for a waiver of 25% of the annual license fee.This bill would state the intent of the Legislature to enact legislation that would relate to the State Bar. would, until January 1, 2021, require the board to charge an annual license fee in an unspecified amount for 2020. The bill would require the board to adopt a rule or rules providing that an active licensee who can demonstrate total gross annual individual income from all sources of less than $60,478.35 presumptively qualifies for a waiver of 25% of the annual license fee.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6140 of the Business and Professions Code is amended to read:6140. (a) The board shall fix the annual license fee for active licensees for 2019 2020 at a sum not exceeding three hundred fifteen dollars ($315). $____.(b) The annual license fee for active licensees 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 licensees 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, 2020, 2021, and as of that date is repealed.SEC. 2. Section 6141.1 of the Business and Professions Code is amended to read:6141.1. (a) The payment by any licensee of the annual license fee, any portion thereof, or any penalty thereon, may be waived by the board as it may provide by rule. The board may require submission of recent federal and state income tax returns and other proof of financial condition as to those licensees seeking waiver of all or a portion of their fee or penalties on the ground of financial hardship.(b) The board shall adopt a rule or rules providing that an active licensee who can demonstrate total gross annual individual income from all sources of less than forty thousand dollars ($40,000) sixty thousand four hundred and seventy-eight dollars and thirty-five cents ($60,478.35), which is reflective of the previous limit adjusted for 20 years of inflation pursuant to the Consumer Price Index, shall presumptively qualify for a waiver of 25 percent of the annual license fee.SECTION 1.It is the intent of the Legislature to enact legislation that would relate to the State Bar of California.

 Amended IN  Senate  March 27, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 176Introduced by Senator JacksonJanuary 28, 2019 An act to amend Sections 6140 and 6141.1 of the Business and Professions Code, relating to attorneys. LEGISLATIVE COUNSEL'S DIGESTSB 176, as amended, Jackson. State Bar of California. California: annual license fee.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 protection of the public is the highest priority of the State Bar of California and the board of trustees in exercising their licensing, regulatory, and disciplinary functions. Existing law, until January 1, 2020, requires the board to charge an annual license fee for active licensees at a sum not exceeding $315 for 2019. Existing law authorizes the board to waive the payment by a licensee of the annual license fee, any portion thereof, or any penalty thereon, as the board is authorized to provide by rule. Existing law requires the board to adopt a rule or rules providing that an active licensee who can demonstrate total gross annual individual income from all sources of less than $40,000 presumptively qualifies for a waiver of 25% of the annual license fee.This bill would state the intent of the Legislature to enact legislation that would relate to the State Bar. would, until January 1, 2021, require the board to charge an annual license fee in an unspecified amount for 2020. The bill would require the board to adopt a rule or rules providing that an active licensee who can demonstrate total gross annual individual income from all sources of less than $60,478.35 presumptively qualifies for a waiver of 25% of the annual license fee.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Senate  March 27, 2019

Amended IN  Senate  March 27, 2019

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Senate Bill No. 176

Introduced by Senator JacksonJanuary 28, 2019

Introduced by Senator Jackson
January 28, 2019

 An act to amend Sections 6140 and 6141.1 of the Business and Professions Code, relating to attorneys. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 176, as amended, Jackson. State Bar of California. California: annual license fee.

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 protection of the public is the highest priority of the State Bar of California and the board of trustees in exercising their licensing, regulatory, and disciplinary functions. Existing law, until January 1, 2020, requires the board to charge an annual license fee for active licensees at a sum not exceeding $315 for 2019. Existing law authorizes the board to waive the payment by a licensee of the annual license fee, any portion thereof, or any penalty thereon, as the board is authorized to provide by rule. Existing law requires the board to adopt a rule or rules providing that an active licensee who can demonstrate total gross annual individual income from all sources of less than $40,000 presumptively qualifies for a waiver of 25% of the annual license fee.This bill would state the intent of the Legislature to enact legislation that would relate to the State Bar. would, until January 1, 2021, require the board to charge an annual license fee in an unspecified amount for 2020. The bill would require the board to adopt a rule or rules providing that an active licensee who can demonstrate total gross annual individual income from all sources of less than $60,478.35 presumptively qualifies for a waiver of 25% of the annual license fee.

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 protection of the public is the highest priority of the State Bar of California and the board of trustees in exercising their licensing, regulatory, and disciplinary functions. Existing law, until January 1, 2020, requires the board to charge an annual license fee for active licensees at a sum not exceeding $315 for 2019. Existing law authorizes the board to waive the payment by a licensee of the annual license fee, any portion thereof, or any penalty thereon, as the board is authorized to provide by rule. Existing law requires the board to adopt a rule or rules providing that an active licensee who can demonstrate total gross annual individual income from all sources of less than $40,000 presumptively qualifies for a waiver of 25% of the annual license fee.

This bill would state the intent of the Legislature to enact legislation that would relate to the State Bar. would, until January 1, 2021, require the board to charge an annual license fee in an unspecified amount for 2020. The bill would require the board to adopt a rule or rules providing that an active licensee who can demonstrate total gross annual individual income from all sources of less than $60,478.35 presumptively qualifies for a waiver of 25% of the annual license fee.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 6140 of the Business and Professions Code is amended to read:6140. (a) The board shall fix the annual license fee for active licensees for 2019 2020 at a sum not exceeding three hundred fifteen dollars ($315). $____.(b) The annual license fee for active licensees 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 licensees 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, 2020, 2021, and as of that date is repealed.SEC. 2. Section 6141.1 of the Business and Professions Code is amended to read:6141.1. (a) The payment by any licensee of the annual license fee, any portion thereof, or any penalty thereon, may be waived by the board as it may provide by rule. The board may require submission of recent federal and state income tax returns and other proof of financial condition as to those licensees seeking waiver of all or a portion of their fee or penalties on the ground of financial hardship.(b) The board shall adopt a rule or rules providing that an active licensee who can demonstrate total gross annual individual income from all sources of less than forty thousand dollars ($40,000) sixty thousand four hundred and seventy-eight dollars and thirty-five cents ($60,478.35), which is reflective of the previous limit adjusted for 20 years of inflation pursuant to the Consumer Price Index, shall presumptively qualify for a waiver of 25 percent of the annual license fee.SECTION 1.It is the intent of the Legislature to enact legislation that would relate to the State Bar of California.

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

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

SECTION 1. Section 6140 of the Business and Professions Code is amended to read:6140. (a) The board shall fix the annual license fee for active licensees for 2019 2020 at a sum not exceeding three hundred fifteen dollars ($315). $____.(b) The annual license fee for active licensees 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 licensees 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, 2020, 2021, and as of that date is repealed.

SECTION 1. Section 6140 of the Business and Professions Code is amended to read:

### SECTION 1.

6140. (a) The board shall fix the annual license fee for active licensees for 2019 2020 at a sum not exceeding three hundred fifteen dollars ($315). $____.(b) The annual license fee for active licensees 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 licensees 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, 2020, 2021, and as of that date is repealed.

6140. (a) The board shall fix the annual license fee for active licensees for 2019 2020 at a sum not exceeding three hundred fifteen dollars ($315). $____.(b) The annual license fee for active licensees 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 licensees 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, 2020, 2021, and as of that date is repealed.

6140. (a) The board shall fix the annual license fee for active licensees for 2019 2020 at a sum not exceeding three hundred fifteen dollars ($315). $____.(b) The annual license fee for active licensees 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 licensees 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, 2020, 2021, and as of that date is repealed.



6140. (a) The board shall fix the annual license fee for active licensees for 2019 2020 at a sum not exceeding three hundred fifteen dollars ($315). $____.

(b) The annual license fee for active licensees 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 licensees 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, 2020, 2021, and as of that date is repealed.

SEC. 2. Section 6141.1 of the Business and Professions Code is amended to read:6141.1. (a) The payment by any licensee of the annual license fee, any portion thereof, or any penalty thereon, may be waived by the board as it may provide by rule. The board may require submission of recent federal and state income tax returns and other proof of financial condition as to those licensees seeking waiver of all or a portion of their fee or penalties on the ground of financial hardship.(b) The board shall adopt a rule or rules providing that an active licensee who can demonstrate total gross annual individual income from all sources of less than forty thousand dollars ($40,000) sixty thousand four hundred and seventy-eight dollars and thirty-five cents ($60,478.35), which is reflective of the previous limit adjusted for 20 years of inflation pursuant to the Consumer Price Index, shall presumptively qualify for a waiver of 25 percent of the annual license fee.

SEC. 2. Section 6141.1 of the Business and Professions Code is amended to read:

### SEC. 2.

6141.1. (a) The payment by any licensee of the annual license fee, any portion thereof, or any penalty thereon, may be waived by the board as it may provide by rule. The board may require submission of recent federal and state income tax returns and other proof of financial condition as to those licensees seeking waiver of all or a portion of their fee or penalties on the ground of financial hardship.(b) The board shall adopt a rule or rules providing that an active licensee who can demonstrate total gross annual individual income from all sources of less than forty thousand dollars ($40,000) sixty thousand four hundred and seventy-eight dollars and thirty-five cents ($60,478.35), which is reflective of the previous limit adjusted for 20 years of inflation pursuant to the Consumer Price Index, shall presumptively qualify for a waiver of 25 percent of the annual license fee.

6141.1. (a) The payment by any licensee of the annual license fee, any portion thereof, or any penalty thereon, may be waived by the board as it may provide by rule. The board may require submission of recent federal and state income tax returns and other proof of financial condition as to those licensees seeking waiver of all or a portion of their fee or penalties on the ground of financial hardship.(b) The board shall adopt a rule or rules providing that an active licensee who can demonstrate total gross annual individual income from all sources of less than forty thousand dollars ($40,000) sixty thousand four hundred and seventy-eight dollars and thirty-five cents ($60,478.35), which is reflective of the previous limit adjusted for 20 years of inflation pursuant to the Consumer Price Index, shall presumptively qualify for a waiver of 25 percent of the annual license fee.

6141.1. (a) The payment by any licensee of the annual license fee, any portion thereof, or any penalty thereon, may be waived by the board as it may provide by rule. The board may require submission of recent federal and state income tax returns and other proof of financial condition as to those licensees seeking waiver of all or a portion of their fee or penalties on the ground of financial hardship.(b) The board shall adopt a rule or rules providing that an active licensee who can demonstrate total gross annual individual income from all sources of less than forty thousand dollars ($40,000) sixty thousand four hundred and seventy-eight dollars and thirty-five cents ($60,478.35), which is reflective of the previous limit adjusted for 20 years of inflation pursuant to the Consumer Price Index, shall presumptively qualify for a waiver of 25 percent of the annual license fee.



6141.1. (a) The payment by any licensee of the annual license fee, any portion thereof, or any penalty thereon, may be waived by the board as it may provide by rule. The board may require submission of recent federal and state income tax returns and other proof of financial condition as to those licensees seeking waiver of all or a portion of their fee or penalties on the ground of financial hardship.

(b) The board shall adopt a rule or rules providing that an active licensee who can demonstrate total gross annual individual income from all sources of less than forty thousand dollars ($40,000) sixty thousand four hundred and seventy-eight dollars and thirty-five cents ($60,478.35), which is reflective of the previous limit adjusted for 20 years of inflation pursuant to the Consumer Price Index, shall presumptively qualify for a waiver of 25 percent of the annual license fee.



It is the intent of the Legislature to enact legislation that would relate to the State Bar of California.