SB 1405 — Accountancy: military service: practice privilege.

Summary

Existing law provides for the licensure and regulation of the practice of accountancy by the California Board of Accountancy within the Department of Consumer Affairs. The department is under the control of the Director of Consumer Affairs. (1) Existing law provides for the regulation of various professions and vocations by boards within the Department of Consumer Affairs and for the licensure of individuals in that regard. Existing law authorizes any licensee whose license expired while he or she was on active duty as a member of the California National Guard or the United States Armed Forces to reinstate his or her license without examination or penalty if certain requirements are met. A permit issued to a certified public accountant or a public accountant is subject to a biennial renewal fee. Existing law also imposes certain continuing education and peer review requirements on persons licensed by the board. Existing law makes violation of certain provisions governing accountants a crime. This bill, beginning January 1, 2014, would authorize a certified public accountant or a public accountant to apply to the board to have his or her permit placed in a military inactive status while he or she is engaged in active duty as a member of the California National Guard or the United States Armed Forces, and would exempt a person granted that status from paying the biennial renewal fee or participating in continuing education and peer review activities. The bill would prohibit a person in military exempt status from engaging in the practice of public accountancy and would impose various other requirements. The bill would thereby change the definition of a crime and impose a state-mandated local program. The bill would require a person in military exempt status to pay the biennial renewal fee and to meet continuing education and peer review requirements within a specified period after his or her discharge from active duty. (2) Existing law authorizes an individual whose principal place of business is not in this state, and who has a valid and current license, certificate, or permit, to practice public accountancy from another state, and to engage in the practice of public accountancy in this state under a practice privilege if a condition is satisfied. Under existing law, if such a condition is met, the individual, in order to obtain a practice privilege, is required to, among other things, provide notice to the board by submitting a notification form and pay fees, as specified. Existing law provides that an individual with a practice privilege is subject to the personal and subject matter jurisdiction and disciplinary authority of the board and the state courts and is required to comply with the accountancy provisions applicable to licensees. Under existing law, except as otherwise specified, a practice privilege expires one year from the date of the notice to the board. Existing law authorizes the board to deny practice privileges using specified procedures. Existing law prohibits an individual with a practice privilege from signing an attest report unless he or she meets specified experience requirements and completes any continuing education or other conditions as required by the board. Existing law makes these provisions operative only if there is a specified appropriation in the annual Budget Act to fund the practice privilege provisions. This bill would, commencing July 1, 2013, and until January 1, 2019, eliminate the notification form and fee requirements and would instead authorize an individual otherwise meeting a condition for a practice privilege to perform certain audit and financial statement review services only through a firm of certified public accountants that is required to be registered with the board. The bill would require the individual to cease practicing for a specified period of time under the practice privilege in this state if the regulatory agency in the state where the individual is licensed, among other things, suspends or revokes the license or takes specified disciplinary action against the individual or the individual is convicted of a crime involving dishonesty. The bill would require an individual who is required to cease practice to notify the board and cease practice and would make an individual who violates these requirements subject to specified discipline by the board. The bill would require an individual, within a specified time period before he or she wishes to practice in this state to notify the board and shall not practice until the board provides the person with written permission to do so if certain circumstances apply. The bill would eliminate the expiration on a practice privilege and would also eliminate the board's authority to deny a practice privilege, except as specified, and would authorize the board to instead revoke such a privilege. If the board revokes a practice privilege, the bill would require the board to notify the regulatory agency of the state where the individual is licensed and certain federal regulatory agencies. With respect to the signing of attestation reports, the bill would eliminate the continuing education or other conditions requirements required by the board. The bill would also delete that provision making these provisions contingent on a specified appropriation in the annual Budget Act. The bill would require the board to adopt emergency regulations to implement these provisions. The bill would require the board, prior to July 1, 2013, to add specified content to its Internet Web site in order to allow consumers to obtain license information about individuals with a practice privilege. Commencing January 1, 2016, the bill would authorize the board to make a determination based on specified factors about whether allowing individuals from a particular state to practice pursuant to a practice privilege violates the board's duty to protect the public. If the board were to make such a determination, the bill would require the board to require those individuals, except as specified, to file the notification form and pay specified fees. The bill would require the board to report to the relevant policy committees of the Legislature and the director preliminary determinations made pursuant to these provisions no later than July 1, 2015. The bill would, by January 1, 2018, require the board to prepare a report to be provided to the relevant policy committees of the Legislature and the director detailing, among other things, how the board has implemented these practice privilege provisions. The bill would, by July 1, 2014, require the board to convene a specified stakeholder group to consider whether the penalties imposed pursuant to the practice privilege provisions are sufficient to deter violations. The bill would make other related conforming changes. Existing law prohibits a person from engaging in the practice of accountancy as a partnership unless the partnership is registered with the board. Existing law requires a partnership to meet certain requirements in order to be registered, including, that each partner be personally engaged within this state in the practice of accountancy and that at least one general partner holds a specified permit or is an applicant for a specified certificate. This bill would, instead, require that each partner be engaged in this state in the practice of accountancy and would additionally authorize a partnership registered to provide certain services, as described above, to meet those requirements. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 09/20/12 - Chaptered Current pdf September 20, 2012
• Enrolled 09/05/12 - Enrolled pdf September 05, 2012
• Amended 08/23/12 - Amended Assembly pdf August 23, 2012
• Amended 08/20/12 - Amended Assembly pdf August 20, 2012
• Amended 06/19/12 - Amended Assembly pdf June 19, 2012
• Amended 04/10/12 - Amended Senate pdf April 10, 2012
• Introduced 02/24/12 - Introduced pdf February 24, 2012
• SB1405 View text html

Action History

1. September 20, 2012

   Chaptered by Secretary of State. Chapter 411, Statutes of 2012.

2. September 20, 2012

   Approved by the Governor.

3. September 10, 2012

   Enrolled and presented to the Governor at 11:30 a.m.

4. August 30, 2012

   Assembly amendments concurred in. (Ayes 38. Noes 0. Page 5010.) Ordered to engrossing and enrolling.

5. August 28, 2012

   In Senate. Concurrence in Assembly amendments pending.

6. August 28, 2012

   Read third time. Passed. (Ayes 77. Noes 0. Page 6460.) Ordered to the Senate.

7. August 23, 2012

   Ordered to third reading.

8. August 23, 2012

   Read third time and amended. (Page 6203.)

9. August 21, 2012

   Read second time. Ordered to third reading.

10. August 20, 2012

    Read second time and amended. Ordered to second reading.

11. August 16, 2012

    From committee: Do pass as amended. (Ayes 17. Noes 0.) (August 16).

12. August 08, 2012

    Set, first hearing. Referred to APPR. suspense file.

13. July 02, 2012

    Re-referred to Com. on APPR.

14. June 26, 2012

    From committee: Do pass and re-refer to Com. on V.A. (Ayes 9. Noes 0.) (June 26). Re-referred to Com. on V.A.

15. June 19, 2012

    Set, first hearing. Hearing canceled at the request of author.

16. June 19, 2012

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & C.P.

17. May 25, 2012

    Referred to Coms. on B., P. & C.P. and V.A.

18. May 14, 2012

    In Assembly. Read first time. Held at Desk.

19. May 14, 2012

    Read third time. Passed. (Ayes 37. Noes 0. Page 3497.) Ordered to the Assembly.

20. May 09, 2012

    Ordered to special consent calendar.

21. May 01, 2012

    Read second time. Ordered to third reading.

22. April 30, 2012

    From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

23. April 20, 2012

    Set for hearing April 30.

24. April 17, 2012

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 3188.) (April 16). Re-referred to Com. on APPR.

25. April 10, 2012

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.

26. March 30, 2012

    Set for hearing April 16.

27. March 22, 2012

    Referred to Com. on B., P. & E.D.

28. February 27, 2012

    Read first time.

29. February 26, 2012

    From printer. May be acted upon on or after March 27.

30. February 24, 2012

    Introduced. To Com. on RLS. for assignment. To print.

Sponsors

• De León · Primary

Votes

Subjects