California 2017-2018 Regular Session Status: Enacted

AB 3143 — Tax preparers.

Last action — Chaptered by Secretary of State - Chapter 597, Statutes of 2018.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 16, 2018. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law regulates tax preparers and states that it is the intent of the provisions governing the regulation of tax preparers to enable consumers to easily identify credible tax preparers who are bonded and registered, to ensure tax preparers receive adequate education and treat confidential information appropriately, to prohibit tax preparers from making fraudulent, untrue, or misleading representations, and to provide for the California Tax Education Council (council) to register tax preparers and ensure that they meet all necessary requirements. Existing law, for the purposes of these provisions, defines client to mean an individual for whom a tax preparer performs or agrees to perform tax preparation services, and defines the council as a single nonprofit organization exempt from taxation and made up of representatives from specified entities. Existing law requires the council to issue a registration to any applicant who provides satisfactory evidence that he or she meets specified requirements and who complies with the rules established by the council. Existing law requires a tax preparer to provide to the customer in writing specified information prior to rendering any tax preparation services. Except as specified, a violation of these provisions is a crime. Existing law repeals these provisions on January 1, 2019. The Bagley-Keene Open Meeting Act requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. This bill would name these provisions the Tax Preparation Act, and would require a tax preparer, on and after July 1, 2019, to report a paid claim against its surety bond to the council, which would be required to post a notice of the claim on its Internet Web site. The bill would extend the definition of client to the term "customer." The bill would establish public protection as the council's highest priority in exercising its registration and disciplinary authority and other functions. The bill would make the meetings of the council's board of directors subject to the Bagley-Keene Open Meeting Act. The bill would require the council to establish and maintain on its Internet Web site a searchable public registry of registrants with specified information about each registrant. The bill would require a tax preparer to include the address of the council's Internet Web site in the information the tax preparer is required to provide to a customer before rendering services. The bill would direct the council to require an applicant, beginning July 1, 2020, to submit fingerprint images for submission to the Department of Justice, and would require the Department of Justice to compile and disseminate a fitness determination regarding the applicant based on the applicant's criminal offender record information, as prescribed. The bill would require the Department of Justice and the council to charge a fee sufficient to cover the costs of processing the request for state- and federal-level criminal offender record information. The bill would include among the list of persons exempt from the act an employee supervised by a person who is exempt from the act, subject to specified conditions. The bill would extend the operation of the act's provisions to January 1, 2023. By extending the operation of these provisions, the bill would impose a state-mandated local program. 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

Action History

  1. Chaptered by Secretary of State - Chapter 597, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6984.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 15. Noes 0.) (August 29).

  6. Joint Rule 62(a), file notice suspended. (Page 6729.)

  7. Re-referred to Com. on B. & P. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 29 pursuant to Assembly Rule 77.

  9. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5810.).

  10. Read second time. Ordered to third reading.

  11. Read third time and amended. Ordered to second reading.

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 7. Noes 0.) (August 16).

  14. In committee: Referred to APPR. suspense file.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 25). Re-referred to Com. on APPR.

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

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

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

  19. Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 5218.)

  20. Read second time. Ordered to Consent Calendar.

  21. From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 9).

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 24). Re-referred to Com. on APPR.

  23. Referred to Com. on B. & P.

  24. From printer. May be heard in committee March 19.

  25. Read first time. To print.

Sponsors

  • Hill · Cosponsor
  • Low · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Low

Co-sponsors (1)

  • Hill

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 3143 LOW Concurrence in Senate Amendments

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 58000
Democratic 16000
Republican 6000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Levine — Yea
Mathis — Yea
Melendez — Yea
Obernolte — Yea
Santiago — Yea
Ting — Yea
Waldron — Yea
Gloria — Yea
Chau — Yea
Medina — Yea
Gonzalez Fletcher — Yea
Rodriguez — Yea
Burke — Yea
Fong — Yea
Salas — Yea
Friedman — Yea
Gray — Yea
Harper — Yea
Jones-Sawyer — Yea
Rubio — Yea
Kamlager-Dove — Yea
Rivas — Yea
Kiley — Yea
Low — Yea
Maienschein — Yea
Mayes — Yea
McCarty — Yea
Mullin — Yea
Baker — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Steinorth — Yea
Thurmond — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Cooley — Yea
Eggman — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

With recommendation: That Senate amendments be concurred in.

Passed 15 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 12002
Democratic 2002
Republican 1000
Total 15004
% of votes cast 79%0%0%21%
How each member voted (19)
Member Party Vote
Baker — Yea
Bloom — Yea
Brough — Yea
Low — Yea
Medina — Yea
Obernolte — Yea
Eggman — Yea
Fong — Yea
Holden — Not Voting
Chiu — Yea
Cunningham — Not Voting
McCarty — Yea
Mullin — Yea
Ting — Yea
Arambula, Joaquin Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Chen, Phillip Republican Yea

Official roll call →

3rd Reading AB3143 Low et al. By Hill

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bradford — Yea
Hertzberg — Yea
Hueso — Yea
Morrell — Yea
Pan — Yea
Roth — Yea
Vidak — Yea
Cannella — Yea
Dodd — Yea
Chang — Yea
Hernandez — Yea
Hill — Yea
Delgado — Yea
De León — Yea
Mitchell — Yea
Allen — Yea
Portantino — Yea
Atkins — Yea
Lara — Yea
Bates — Yea
Beall — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Hill — Yea
Portantino — Yea
Nielsen — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Nielsen — Yea
Portantino — Yea
Beall — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 3143 B. & P. Consent Calendar Second Day

Passed 73 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 53004
Democratic 14001
Republican 6000
Total 73005
% of votes cast 94%0%0%6%
How each member voted (78)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Levine — Yea
Maienschein — Yea
Medina — Yea
Melendez — Not Voting
Obernolte — Yea
Santiago — Not Voting
Ting — Yea
Weber — Yea
Burke — Yea
Chau — Yea
Chu — Yea
Gonzalez Fletcher — Yea
Frazier — Yea
Cooley — Yea
Gloria — Yea
Fong — Yea
Salas — Yea
Cooper — Yea
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Gray — Yea
Kiley — Yea
Low — Yea
Rubio — Yea
Mathis — Yea
Mayes — Yea
McCarty — Yea
Mullin — Yea
Nazarian — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Thurmond — Yea
Voepel — Yea
Waldron — Yea
Wood — Yea
Friedman — Yea
Harper — Yea
Baker — Yea
Chiu — Yea
Chávez — Yea
O'Donnell — Yea
Steinorth — Not Voting
Eggman — Yea
Cunningham — Yea
Daly — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 11001
Republican 2000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Brough — Yea
Quirk — Yea
Eggman — Not Voting
Friedman — Yea
Gonzalez Fletcher — Yea
Bigelow — Yea
Fong — Yea
Chau — Yea
Nazarian — Yea
Bloom — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 15 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 3001
Republican 1000
Total 15001
% of votes cast 94%0%0%6%
How each member voted (16)
Member Party Vote
Baker — Yea
Brough — Yea
Low — Yea
Eggman — Yea
Fong — Yea
Holden — Yea
Mullin — Yea
Bloom — Yea
Chiu — Yea
Cunningham — Yea
Ting — Yea
Arambula, Joaquin Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Chen, Phillip Republican Yea

Official roll call →

Subjects

public-safety taxation finance
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Frequently asked questions

What does AB 3143 do?
Existing law regulates tax preparers and states that it is the intent of the provisions governing the regulation of tax preparers to enable consumers to easily identify credible tax preparers who are bonded and registered, to ensure tax preparers receive adequate education and treat confidential information appropriately, to prohibit tax preparers from making fraudulent, untrue, or misleading representations, and to provide for the California Tax Education Council (council) to register tax preparers and ensure that they meet all necessary requirements. Existing law, for the purposes of these provisions, defines client to mean an individual for whom a tax preparer performs or agrees to perform tax preparation services, and defines the council as a single nonprofit organization exempt from taxation and made up of representatives from specified entities. Existing law requires the council to issue a registration to any applicant who provides satisfactory evidence that he or she meets specified requirements and who complies with the rules established by the council. Existing law requires a tax preparer to provide to the customer in writing specified information prior to rendering any tax preparation services. Except as specified, a violation of these provisions is a crime. Existing law repeals these provisions on January 1, 2019. The Bagley-Keene Open Meeting Act requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. This bill would name these provisions the Tax Preparation Act, and would require a tax preparer, on and after July 1, 2019, to report a paid claim against its surety bond to the council, which would be required to post a notice of the claim on its Internet Web site. The bill would extend the definition of client to the term "customer." The bill would establish public protection as the council's highest priority in exercising its registration and disciplinary authority and other functions. The bill would make the meetings of the council's board of directors subject to the Bagley-Keene Open Meeting Act. The bill would require the council to establish and maintain on its Internet Web site a searchable public registry of registrants with specified information about each registrant. The bill would require a tax preparer to include the address of the council's Internet Web site in the information the tax preparer is required to provide to a customer before rendering services. The bill would direct the council to require an applicant, beginning July 1, 2020, to submit fingerprint images for submission to the Department of Justice, and would require the Department of Justice to compile and disseminate a fitness determination regarding the applicant based on the applicant's criminal offender record information, as prescribed. The bill would require the Department of Justice and the council to charge a fee sufficient to cover the costs of processing the request for state- and federal-level criminal offender record information. The bill would include among the list of persons exempt from the act an employee supervised by a person who is exempt from the act, subject to specified conditions. The bill would extend the operation of the act's provisions to January 1, 2023. By extending the operation of these provisions, the bill would impose a state-mandated local program. 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.
Who sponsors AB 3143?
AB 3143 is sponsored by Hill and Low.
What is the current status of AB 3143?
This bill has been enacted into law. Introduced February 16, 2018. Enacted.
Where can I track AB 3143?
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