BILL NUMBER: AB 585 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY SEPTEMBER 14, 2001
PASSED THE SENATE SEPTEMBER 12, 2001
AMENDED IN SENATE SEPTEMBER 7, 2001
AMENDED IN SENATE JULY 20, 2001
AMENDED IN SENATE JULY 3, 2001
AMENDED IN ASSEMBLY MAY 25, 2001
AMENDED IN ASSEMBLY MAY 17, 2001
AMENDED IN ASSEMBLY APRIL 16, 2001
INTRODUCED BY Assembly Member Nation
(Coauthor: Assembly Member John Campbell)
FEBRUARY 21, 2001
An act to amend Sections 5081, 5082, 5082.1, 5082.3, 5082.4, 5087,
and 5088 of, to amend and repeal Sections 5081.1, 5082.2, 5083, and
5084 of, and to add Sections 5076, 5082.5, 5090, 5091, 5092, 5093,
5094, and 5095 to, the Business and Professions Code, relating to
accountants.
LEGISLATIVE COUNSEL'S DIGEST
AB 585, Nation. Public accountants.
(1) Existing law provides for the licensing and regulation of the
practice of accountancy by the State Board of Accountancy in the
Department of Consumer Affairs. Pursuant to existing law, the board
may adopt rules and regulations to carry out and facilitate its
duties. Existing law requires that an applicant for the certified
public accountants' examination meet specified educational
requirements and that an applicant for licensure as a certified
public accountant meet certain educational and experience
requirements.
This bill would revise these provisions relating to educational
and experience requirements.
(2) Under existing law, a certified public accountant license
candidate is required to pass a written examination. Existing law
provides that a candidate who passes 2 or more subjects but fails the
examination has the right to be reexamined in only the remaining
subjects.
This bill would repeal this requirement on January 1, 2006, when
new examination requirements, as specified, would apply.
(3) Existing law requires that an applicant for a certified public
accountant license be over 18 years of age, and prohibits the board
from giving a license to an applicant with a certified public
accountant license from another state who is not over 18 years of
age.
This bill would delete this age requirement.
(4) Existing law requires an applicant for licensure as a
certified public accountant to demonstrate experience in the attest
function.
This bill would require a firm to meet specified peer review
requirements in order to provide attest services and would require an
individual applicant to meet specified criteria to sign reports on
attest engagements. The bill would require the board to adopt
regulations implementing and interpreting new application,
examination, education, and licensure process requirements.
(5) Existing law provides that a person holding a valid and
unrevoked license from any state may practice public accountancy
after submitting an application for licensure and showing proof of
qualifying continuing education.
This bill would also authorize a qualified applicant to perform
attest services.
This bill would make other related changes.
(6) The bill would provide that it would become operative only if
SB 133 is enacted and becomes effective on or before January 1, 2002.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature that the new
education and experience requirements for the certified public
accountant license established by this legislation not be revised or
amended prior to the next review of the California Board of
Accountancy required by Division 1.2 (commencing with Section 473).
Further, it is the intent of the Legislature that this review
shall be limited to issues related to implementation of the new
licensure requirements. In preparation for that review, the
California Board of Accountancy shall collect statistical information
including information on the number of applicants applying under
Sections 5092 and 5093, the number of applicants passing the
examination under Sections 5092 and 5093, the number of applicants
applying and qualifying for licensure under Sections 5092 and 5093,
and the number of applicants and licensees applying and qualifying
for an authorization to sign reports on attest engagements under
Section 5095. Also, it is the intent of the Legislature that prior
to the next review required by Division 1.2, the California Board of
Accountancy develop regulations and procedures to implement the peer
review requirement mandated by Section 5076.
SEC. 2. Section 5076 is added to the Business and Professions
Code, to read:
5076. (a) In order to renew its registration, a firm providing
attest services, other than a sole proprietor or small firm as
defined in Section 5000, shall complete a peer review prior to the
first registration expiration date after January 1, 2006, and no less
frequently than every three years thereafter.
(b) For purposes of this article, the following definitions apply:
(1) "Peer review" means a study, appraisal, or review conducted in
accordance with professional standards of the professional work of a
licensee or registered firm by another licensee unaffiliated with
the licensee or registered firm being reviewed. The peer review
shall include, but not be limited to, a review of at least one attest
engagement representing the highest level of service performed by
the firm and may include an evaluation of other factors in accordance
with requirements specified by the board in regulations.
(2) "Attest services" include an audit, a review of financial
statements, or an examination of prospective financial information,
provided, however, "attest services" shall not include the issuance
of compiled financial statements.
(c) The board shall adopt regulations as necessary to implement,
interpret, and make specific the peer review requirements in this
section, including, but not limited to, regulations specifying the
requirements for the approval of peer review providers, and
regulations establishing a peer review oversight committee.
SEC. 3. Section 5081 of the Business and Professions Code is
amended to read:
5081. An applicant for admission to the examination for a
certified public accountant license shall:
(a) Not have committed acts or crimes constituting grounds for
denial of a license under Section 480.
(b) File the application for the examination. An application for
the examination shall not be considered filed unless all required
supporting documents, fees, and the fully completed board-approved
application form are received in the board office or filed by mail in
accordance with Section 11003 of the Government Code on or before
the specified final filing date.
(c) Meet one of the educational requirements specified in this
article.
SEC. 4. Section 5081.1 of the Business and Professions Code is
amended to read:
5081.1. Pursuant to subdivision (b) of Section 5090, an applicant
for admission to the examination for a certified public accountant
certificate may qualify for admission with one of the following:
(a) The applicant shall present satisfactory evidence that the
applicant has either of the following:
(1) A baccalaureate degree from a university, college or other
four-year institution of learning accredited by a regional
institutional accrediting agency included in a list of these agencies
published by the United States Secretary of Education under the
requirements of the Higher Education Act of 1965 as amended (20
U.S.C. Sec. 1001 and following), with a major in accounting or
related subjects requiring a minimum of 45 semester units of
instruction in these subjects. If the applicant has received a
baccalaureate degree in a nonaccounting major, the applicant shall
present satisfactory evidence of study substantially the equivalent
of an accounting major, including courses in related business
administration subjects.
(2) A degree or degrees from a college, university, or other
institution of learning located outside the United States that is
approved by the board as the equivalent of the baccalaureate degree
described in paragraph (1). The board may require an applicant under
this paragraph to submit documentation of his or her education to a
credentials evaluation service approved by the board for evaluation
and to cause the results of this evaluation to be reported to the
board. The board shall adopt regulations specifying the criteria and
procedures for approval of credential evaluation services. These
regulations shall, at a minimum, require that the credential
evaluation service (A) furnish evaluations directly to the board; (B)
furnish evaluations written in English; (C) be a member of the
American Association of Collegiate Registrars and Admission Officers,
the National Association of Foreign Student Affairs, or the National
Association of Credential Evaluation Services; (D) be used by
accredited colleges and universities; (E) be reevaluated by the board
every five years; (F) maintain a complete set of reference materials
as specified by the board; (G) base evaluations only upon authentic,
original transcripts and degrees and have a written procedure for
identifying fraudulent transcripts; (H) include in the evaluation
report, for each degree held by the applicant, the equivalent degree
offered in the United States, the date the degree was granted, the
institution granting the degree, an English translation of the course
titles, and the semester unit equivalence for each of the courses;
(I) have an appeal procedure for applicants; and (J) furnish the
board with information concerning the credential evaluation service
that includes biographical information on evaluators and translators,
three letters of references from public or private agencies,
statistical information on the number of applications processed
annually for the past five years, and any additional information the
board may require in order to ascertain that the credential
evaluation service meets the standards set forth in this paragraph
and in any regulations adopted by the board.
(b) The applicant shall present satisfactory evidence that the
applicant has successfully completed a two-year course of college
level study or received an associate of arts degree from a community
college, either institution accredited by a regional or national
accrediting agency or association that is included in a list
published by the United States Commissioner of Education under the
provisions of federal law specified in paragraph (1) of subdivision
(a), and that the applicant has completed a minimum of 120 semester
units which includes the study of accounting and related business
administration subjects.
(c) The applicant shall show to the satisfaction of the board that
he or she has had the equivalent of the educational qualifications
required by subdivision (b), or shall pass a preliminary written
examination approved and administered by an agency approved by the
California State Department of Education and shall have completed a
minimum of 10 semester units or the equivalent in accounting
subjects. The 10 semester units in accounting subjects shall be
completed at a college, university, or other institution of higher
learning accredited at the college level by an agency or association
that is included in a list published by the United States
Commissioner of Education under the federal law specified in
paragraph (1) of subdivision (a).
(d) The applicant shall be a public accountant registered under
this chapter.
(e) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, deletes or extends
that date.
SEC. 5. Section 5082 of the Business and Professions Code is
amended to read:
5082. An applicant for a certified public accountant license
shall have successfully passed examinations in subjects the board
deems appropriate.
SEC. 6. Section 5082.1 of the Business and Professions Code is
amended to read:
5082.1. All examinations provided for herein shall be held by the
board at places as circumstances may warrant, and as often as may be
necessary in the opinion of the board. The board may contract with
any organization, governmental or private, for examination material
or services. Within 90 days after the examination the board shall
notify each candidate of his or her score. All examination records
shall be preserved for a period of at least six months after the
notification of scoring and any candidate shall, upon request to the
board, have access to his or her records.
SEC. 7. Section 5082.2 of the Business and Professions Code is
amended to read:
5082.2. For candidates seeking to be reexamined pursuant to
subdivision (b) of Section 5090, a candidate who fails an examination
provided for herein shall have the right to any number of
reexaminations at subsequent examinations held by the board. A
candidate who passes an examination in two or more subjects shall
have the right to be reexamined in the remaining subject or subjects
only, at subsequent examinations held by the board, and if he or she
passes in the remaining subject or subjects within a period of time
specified in the rules of the board, he or she shall be considered to
have passed the examination.
This section shall remain in effect only until January 1, 2006,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2006, deletes or extends that date.
SEC. 8. Section 5082.3 of the Business and Professions Code is
amended to read:
5082.3. An applicant for a license as a certified public
accountant may be deemed by the board to have met the examination
requirements of Section 5082, 5092, or 5093 if the applicant
satisfies all of the following requirements:
(a) The applicant is licensed or has comparable authority under
the laws of any country to engage in the practice of public
accountancy.
(b) The International Qualifications Appraisal Board jointly
established by the National Association of State Boards of
Accountancy and the American Institute of Certified Public
Accountants has determined that the standards under which the
applicant was licensed or under which the applicant secured
comparable authority meet its standards for admission to the
International Uniform Certified Public Accountant Qualification
Examination.
(c) The applicant has successfully passed the International
Uniform Certified Public Accountant Qualification Examination
referenced in subdivision (b).
SEC. 9. Section 5082.4 of the Business and Professions Code is
amended to read:
5082.4. A Canadian Chartered Accountant in good standing may be
deemed by the board to have met the examination requirements of
Section 5082, 5092, or 5093, if he or she has successfully passed the
Canadian Chartered Accountant Uniform Certified Public Accountant
Qualification Examination of the American Institute of Certified
Public Accountants or the International Uniform Certified Public
Accountant Qualification Examination referenced in subdivision (b)
Section 5082.3.
SEC. 10. Section 5082.5 is added to the Business and Professions
Code, to read:
5082.5. The board may give credit to a candidate who has passed
all or part of the examination in another state or territory, if the
members of the board determine that the standards under which the
examination was held are as high as the standards established for
examination in this chapter.
SEC. 11. Section 5083 of the Business and Professions Code is
amended to read:
5083. (a) Pursuant to subdivision (b) of Section 5090, an
individual applying for licensure shall meet, to the satisfaction of
the board, one of the following requirements:
(1) Four years of experience if the applicant qualified to sit for
the exam by meeting the requirements of subdivision (b) or (c) of
Section 5081.1.
(2) Three years of experience if the applicant qualified to sit
for the exam by meeting the requirements of subdivision (a) or (d) of
Section 5081.1 or meets the requirements of Section 5082.3.
(b) In order to be qualifying under this section, experience shall
have been performed in accordance with applicable professional
standards. Experience in public accounting may be qualifying if
completed by, or in the employ of, a person licensed or otherwise
having comparable authority under the laws of any state or country to
engage in the practice of public accountancy. Experience in private
or governmental accounting or auditing employment may be qualifying
provided that this work was performed under the direct supervision of
an individual licensed by a state to engage in the practice of
public accountancy.
(c) Qualifying experience for licensure includes providing any
type of service or advice involving the use of accounting, attest,
compilation, management advisory, financial advisory, tax, or
consulting skills.
(d) The board shall prescribe rules related to the experience
requirements set forth in this section, including a requirement that
each applicant demonstrate to the board satisfactory experience in
the attest function as it relates to financial statements. For
purposes of this subdivision, the attest function includes audit and
review of financial statements in this section.
(e) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, deletes or extends
that date.
SEC. 12. Section 5084 of the Business and Professions Code is
amended to read:
5084. For applicants seeking licensure pursuant to subdivision
(b) of Section 5090, the board shall grant one year's credit toward
fulfillment of its public accounting experience requirement to a
graduate of a college who has completed a four-year course with 45 or
more semester units or the equivalent thereof in the study of
accounting and related business administration subjects, of which at
least 20 semester units or the equivalent thereof shall be in the
study of accounting.
The members of the board shall prescribe rules establishing the
character and variety of experience necessary to fulfill the
experience requirements set forth in this section.
This section shall remain in effect only until January 1, 2006,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2006, deletes or extends that date.
SEC. 13. Section 5087 of the Business and Professions Code is
amended to read:
5087. (a) The board may issue a certified public accountant
license to any applicant who is a holder of a valid and unrevoked
certified public accountant license issued under the laws of any
state, if the board determines that the standards under which the
applicant received the license are substantially equivalent to the
standards of education, examination, and experience established under
this chapter and the applicant has not committed acts or crimes
constituting grounds for denial under Section 480. To be authorized
to sign reports on attest engagements, the applicant shall meet the
requirements of Section 5095.
(b) The board may in particular cases waive any of the
requirements regarding the circumstances in which the various parts
of the examination were to be passed for an applicant from another
state.
SEC. 14. Section 5088 of the Business and Professions Code is
amended to read:
5088. (a) Any person who is the holder of a valid and unrevoked
license as a certified public accountant issued under the laws of any
state and who applies to the board for a license as a certified
public accountant under the provisions of Section 5087 may, after
application for licensure and after providing evidence of qualifying
continuing education, perform the same public accounting services in
this state as a certified public accountant licensed under Section
5092 or 5093 until the time his or her application for a license is
granted or rejected.
(b) An applicant meeting the requirements of subdivision (a) who
certifies that he or she has met the requirements of Section 5095 may
perform attest services in this state until the time his or her
application for a license is granted or rejected.
SEC. 15. Section 5090 is added to the Business and Professions
Code, to read:
5090. (a) An applicant for the certified public accountant
license shall comply with the education, examination, and experience
requirements in either Section 5092 or 5093.
(b) Notwithstanding subdivision (a), an applicant who applied,
qualified, and sat for at least two subjects of the examination for
the certified public accountant license before May 15, 2002, may
complete the examination and qualify for licensure based on the
requirements in Sections 5081.1, 5082, 5082.2, 5083, 5084, and
applicable regulations adopted by the board that were in effect on
December 31, 2001, or comparable examination requirements adopted by
the board in the event the form or format of the examination changes,
provided the applicant qualifies and applies for licensure before
January 1, 2006.
SEC. 16. Section 5091 is added to the Business and Professions
Code, to read:
5091. At the time of application for the examination, the
applicant shall choose whether he or she is making an application
under Section 5092 or 5093. An applicant making an application under
Section 5093 may change and apply under Section 5092 without having
to retake sections of the examination already passed provided those
sections were passed in accordance with the requirements of Section
5092.
SEC. 17. Section 5092 is added to the Business and Professions
Code, to read:
5092. (a) To qualify for the certified public accountant license,
an applicant who is applying under this section shall meet the
education, examination, and experience requirements in subdivisions
(b), (c), and (d) of this section. The board may adopt regulations
as necessary to implement this section.
(b) An applicant for the certified public accountant license shall
present satisfactory evidence that the applicant has completed a
baccalaureate or higher degree conferred by a college or university,
meeting, at a minimum, the standards described in Section 5094, the
total educational program to include a minimum of 24 semester units
in accounting subjects and 24 semester units in business related
subjects. This evidence shall be provided prior to admission to the
examination for the certified public accountant license, except that
an applicant who passed the examination before December 31, 2001, may
provide this evidence at the time of application for licensure
provided the applicant applies and qualifies for licensure before
January 1, 2006.
(c) An applicant for the certified public accountant license shall
pass an examination in accounting, auditing, and other subjects the
board deems appropriate. An applicant who fails this examination has
the right to reexamination. During the time this examination is a
written, paper and pencil examination, an applicant who passes two or
more subjects at any examination shall receive a conditional credit
for those subjects and does not need to sit for reexamination in
those subjects. The applicant shall have the right to be reexamined
in the remaining subject or subjects only at the six subsequent
consecutive examinations immediately following receipt of the
conditional credit. If the remaining subject or subjects are passed
during the six subsequent examinations, the candidate shall be
considered to have passed the examination.
The conditional credit period provided in this section may be
extended by the board upon a showing of extraordinary extenuating
circumstances that prevented the applicant from retaking the
examination during this period.
(d) The applicant shall show, to the satisfaction of the board,
that the applicant has had two years of qualifying experience. This
experience may include providing any type of service or advice
involving the use of accounting, attest, compilation, management
advisory, financial advisory, tax, or consulting skills. To be
qualifying under this section, experience shall have been performed
in accordance with applicable professional standards. Experience in
public accounting shall be completed under the supervision or in the
employ of a person licensed or otherwise having comparable authority
under the laws of any state or country to engage in the practice of
public accountancy. Experience in private or governmental accounting
or auditing shall be completed under the supervision of an
individual licensed by a state to engage in the practice of public
accountancy.
SEC. 18. Section 5093 is added to the Business and Professions
Code, to read:
5093. (a) To qualify for the certified public accountant license,
an applicant who is applying under this section shall meet the
education, examination, and experience requirements specified in
subdivisions (b), (c), and (d) of this section. The board may adopt
regulations as necessary to implement this section.
(b) (1) An applicant for admission to the certified public
accountant examination under the provisions of this section shall
present satisfactory evidence that the applicant has completed a
baccalaureate or higher degree conferred by a college or university,
meeting, at a minimum, the standards described in Section 5094, the
total educational program to include a minimum of 24 semester units
in accounting subjects and 24 semester units in business related
subjects. This evidence shall be provided at the time of application
for admission to the examination, except that an applicant who
passed the examination before December 31, 2001, may provide this
evidence at the time of application for licensure provided the
applicant applies and qualifies for licensure before January 1, 2006.
(2) An applicant for issuance of the certified public accountant
license under the provision of this section shall present
satisfactory evidence that the applicant has completed at least 150
semester units of college education including a baccalaureate or
higher degree conferred by a college or university, meeting, at a
minimum, the standards described in Section 5094, the total
educational program to include a minimum of 24 semester units in
accounting subjects and 24 semester units in business related
subjects. This evidence shall be presented at the time of
application for the certified public accountant license.
(c) An applicant for the certified public accountant license shall
pass an examination in accounting, auditing, and other subjects the
board deems appropriate. An applicant who fails this examination has
the right to reexamination. During the time this examination is a
written, paper and pencil examination, the applicant shall pass the
examination in accordance with the requirements of paragraphs (1) and
(2) of this subdivision.
(1) If at a given sitting of the examination an applicant passes
two or more subjects, but does not pass all subjects, the applicant
shall be given conditional credit for those subjects and the
applicant does not need to sit for reexamination in those subjects,
provided that:
(A) At that sitting the applicant sat for all subjects for which
the applicant does not have credit.
(B) The applicant attained a minimum standardized score of 50 as
determined by the board on each subject taken at that sitting.
(2) In order to pass the examination pursuant to the conditional
credit described in paragraph (1), the applicant shall pass the
remaining subjects within six subsequent consecutive examinations
given after the one at which the first subjects were passed.
(A) At each subsequent sitting at which the applicant seeks to
pass in any additional subjects, the applicant sits for all subjects
for which the applicant does not have credit.
(B) In order to receive credit for passing additional subjects in
any subsequent sitting, the applicant attains a minimum standardized
score of 50 as determined by the board on the subjects taken at that
sitting.
The conditional credit period provided in this section may be
extended by the board upon a showing of extraordinary extenuating
circumstances that prevented the applicant from retaking the
examination during this period.
(d) The applicant shall show, to the satisfaction of the board,
that the applicant has had one year of qualifying experience. This
experience may include providing any type of service or advice
involving the use of accounting, attest, compilation, management
advisory, financial advisory, tax, or consulting skills. To be
qualifying under this section, experience shall have been performed
in accordance with applicable professional standards. Experience in
public accounting shall be completed under the supervision or in the
employ of a person licensed or otherwise having comparable authority
under the laws of any state or country to engage in the practice of
public accountancy. Experience in private or governmental accounting
or auditing shall be completed under the supervision of an
individual licensed by a state to engage in the practice of public
accountancy.
SEC. 19. Section 5094 is added to the Business and Professions
Code, to read:
5094. (a) In order for education to be qualifying, education
shall meet the standards described in subdivision (b) or (c) of this
section.
(b) At a minimum, education must be from a university, college, or
other institution of learning accredited by a regional institutional
accrediting agency included in a list of these agencies published by
the United States Secretary of Education under the requirements of
the Higher Education Act of 1965 as amended (20 U.S.C. Sec. 1001 and
following).
(c) Education from a college, university, or other institution of
learning located outside the United States may be qualifying
provided it is deemed by the
board to be equivalent to education obtained under subdivision (b).
The board may require an applicant to submit documentation of his or
her education to a credentials evaluation service approved by the
board for evaluation and to cause the results of this evaluation to
be reported to the board in order to assess educational equivalency.
(d) The board shall adopt regulations specifying the criteria and
procedures for approval of credential evaluation services. These
regulations shall, at a minimum, require that the credential
evaluation service (1) furnish evaluations directly to the board, (2)
furnish evaluations written in English, (3) be a member of the
American Association of Collegiate Registrars and Admission Officers,
the National Association of Foreign Student Affairs, or the National
Association of Credential Evaluation Services, (4) be used by
accredited colleges and universities, (5) be reevaluated by the board
every five years, (6) maintain a complete set of reference materials
as specified by the board, (7) base evaluations only upon authentic,
original transcripts and degrees and have a written procedure for
identifying fraudulent transcripts, (8) include in the evaluation
report, for each degree held by the applicant, the equivalent degree
offered in the United States, the date the degree was granted, the
institution granting the degree, an English translation of the course
titles, and the semester unit equivalence for each of the courses,
(9) have an appeal procedure for applicants, and (10) furnish the
board with information concerning the credential evaluation service
that includes biographical information on evaluators and translators,
three letters of references from public or private agencies,
statistical information on the number of applications processed
annually for the past five years, and any additional information the
board may require in order to ascertain that the credential
evaluation service meets the standards set forth in this subdivision
and in any regulations adopted by the board.
SEC. 20. Section 5095 is added to the Business and Professions
Code, to read:
5095. (a) To be authorized to sign reports on attest engagements,
a licensee shall complete a minimum of 500 hours of experience,
satisfactory to the board, in attest services.
(b) To be qualifying under this section, attest experience shall
have been performed in accordance with applicable professional
standards. Experience in public accounting shall be completed under
the supervision or in the employ of a person licensed or otherwise
having comparable authority under the laws of any state or country to
engage in the practice of public accountancy and provide attest
services, and this experience shall be verified. Experience in
private or governmental accounting or auditing shall be completed
under the supervision of an individual licensed by a state to engage
in the practice of public accountancy and perform attest services,
and this experience shall be verified. An applicant may be required
to present work papers or other evidence substantiating that the
applicant has met the requirements of this section and applicable
regulations.
(c) An individual who qualified for licensure by meeting the
requirements of Section 5083 shall be deemed to have satisfied the
requirements of this section.
(d) The board shall adopt regulations to implement this section,
including, but not limited to, a procedure for applicants under
Section 5092 or Section 5093 to qualify under this section.
SEC. 21. This act shall become operative only if Senate Bill No.
133 of the 2001-02 Regular Session is enacted and becomes effective
on or before January 1, 2002.