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A01862 Summary:

BILL NOA01862
 
SAME ASSAME AS S00719
 
SPONSORDinowitz
 
COSPNSRTaylor, Thiele, Sayegh, Stirpe, O'Donnell, Joyner, Simon, Buttenschon, Gottfried, Williams, Cook, Reyes, Cruz, Stern, Weprin, Steck, Fernandez, Darling
 
MLTSPNSRGriffin
 
Amd §468-a, Judy L
 
Waives the biennial attorney registration fee for New York attorneys who meet the federal public service loan forgiveness program employment qualifications.
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A01862 Actions:

BILL NOA01862
 
01/11/2021referred to judiciary
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A01862 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1862
 
SPONSOR: Dinowitz
  TITLE OF BILL: An act to amend the judiciary law, in relation to waiving the biennial attorney registration fee for New York attorneys who meet the federal public service loan forgiveness program employment qualifications   PURPOSE: Waives the biennial registration fee for New York attorneys who meet the federal public service loan forgiveness program employment qualifica- tions   SUMMARY OF PROVISIONS: Section 1 amends Section 468-a of the Judiciary Law, to allow New York attorneys who meet the employment requirements for participation in the federal public service loan forgiveness program, as set forth by 20 U.S.C. 1087e(m), to similarly be eligible for a waiver of the biennial attorney registration fee collected by the New York Office of Court Administration. Section 2 sets forth the effective date of this legislation.   JUSTIFICATION: As the nation's student debt crisis has continued to balloon in recent years, law school graduates have been especially crippled by the cost of their education. In 2015, The New York Times reported that the average student loan debt carried by an American law school graduate was approx- imately $140,000. This is in stark contrast to the average student loan debt of $37,712 carried by students receiving an undergraduate degree in 2016. Recognizing that massive student loan debt brings a negative impact upon the nation's economy, often disenabling professionals from making 'big ticket' purchases for up to thirty years in their futures, the federal government implemented several reforms related to the repayment of student loan debt. These included the establishment of the income-based repayment programs, as well as the Public Service Loan Forgiveness Program (PSLFP), now codified at 20 U.S.C. 1087e(m). Graduates who are employed full-time by government organizations and most 501(c)(3) nonprofit groups are eligible for participation in the PSLFP, which forgives the balance of a graduate's student loan debt after making ten years of payments on student loans, while employed by such an organiza- tion. The PSLFP seeks to incentivize students to work in government and/or non-profit positions where employers typically cannot afford the salaries that can be earned in the private sector. Building upon this theme, this legislation seeks to was the biennial attorney registration fee for New York attorneys who also qualify for participation in the PSLFP. This,fee, currently pegged at $375 every two years, comes in addition to costly aspects of maintaining one's bar license, including fees associated with mandatory continued legal educa- tion and an attorney's admission to practice before federal courts. As the State of New York and other organizations necessarily seek out the best and brightest attorneys to work on behalf of the People, this legislation takes an important step toward incentivizing lawyers to accept positions in public service.   PRIOR LEGISLATIVE HISTORY: 2019: A.6085-A - Referred to Judiciary / S.3819-A - Referred to Judici- ary 2018: 5.987 (Peralta) - Died in Judiciary 2017: S.987 (Peralta) - Died in Finance   FISCAL IMPACT: To be determined.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law; provided, however that effective immediately, the addi- tion, amendment and/or repeal of the rules or regulations necessary for the implementation of the foregoing provisions of this act on its effec- tive date are authorized and directed to be made and completed on or before such effective date.
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A01862 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1862
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  DINOWITZ,  TAYLOR,  THIELE,  SAYEGH, STIRPE,
          O'DONNELL, JOYNER,  SIMON,  BUTTENSCHON,  GOTTFRIED,  WILLIAMS,  COOK,
          REYES,  CRUZ,  STERN, WEPRIN, STECK, FERNANDEZ, DARLING -- Multi-Spon-
          sored by -- M. of A.  GRIFFIN -- read once and referred to the Commit-
          tee on Judiciary

        AN ACT to amend the judiciary law, in relation to waiving  the  biennial
          attorney  registration fee for New York attorneys who meet the federal
          public service loan forgiveness program employment qualifications
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  4  of section 468-a of the judiciary law, as
     2  amended by section 9 of part K of chapter 56 of the  laws  of  2010,  is
     3  amended to read as follows:
     4    4.  The  biennial registration fee shall be three hundred seventy-five
     5  dollars, sixty dollars of which shall be allocated to and  be  deposited
     6  in  a fund established pursuant to the provisions of section ninety-sev-
     7  en-t of the state finance law, fifty dollars of which shall be allocated
     8  to and shall  be  deposited  in  a  fund  established  pursuant  to  the
     9  provisions  of  section ninety-eight-b of the state finance law, twenty-
    10  five dollars of which shall be allocated  to  be  deposited  in  a  fund
    11  established  pursuant to the provisions of section ninety-eight-c of the
    12  state finance law, and the remainder of which shall be deposited in  the
    13  attorney  licensing  fund.  Such fee shall be required of every attorney
    14  who is admitted and licensed to practice law in this state,  whether  or
    15  not  the  attorney  is  engaged  in the practice of law in this state or
    16  elsewhere, except attorneys who certify to the  chief  administrator  of
    17  the courts that they have either retired from the practice of law or met
    18  the  employment  requirements  for  participation  of the federal public
    19  service loan forgiveness program as set out in 20 U.S.C. 1087e(m).
    20    § 2. This act shall take effect on the ninetieth day  after  it  shall
    21  have become a law. Effective immediately, the addition, amendment and/or
    22  repeal  of  any  rule  or regulation necessary for the implementation of
    23  this act on its effective date are authorized to be made  on  or  before
    24  such date.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02651-01-1
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