BILL ANALYSIS                                                                                                                                                                                                    







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        |Hearing Date:April 19, 2010        |Bill No:SB                         |
        |                                   |1490                               |
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                      SENATE COMMITTEE ON BUSINESS, PROFESSIONS 
                                 AND ECONOMIC DEVELOPMENT
                         Senator Gloria Negrete McLeod, Chair

                Bill No:        SB 1490Author:Business, Professions and
                                                                      Economic  
                                 Development Committee
                         As Amended:April 12, 2010Fiscal:  Yes

        
        SUBJECT:  Professions and vocations.
        
        SUMMARY:  Urgency measure which makes corrections and updates to prior  
        legislation relating to the practice of accountancy.

        Existing law:
        
       1)Licenses and regulates more than 40,000 certified public accountants  
          (CPAs) under the Accountancy Act (Act) by the California Board of  
          Accountancy (CBA) within the Department of Consumer Affairs.

       2)Authorizes a CPA licensed to practice in another state and whose  
          principle place of business is not in this state to practice public  
          accountancy in California through a practice privilege, by notifying  
          the CBA, as specified, of the intent to practice in California,  
          swearing under penalty of perjury that they are qualified to do so,  
          and paying the required fee.

       3)Authorizes a CPA firm authorized to practice in another state and  
          that does not have an office in this state to practice in California  
          through a CPA that holds a practice privilege, subject to specified  
          requirements, including:

           a)   Authorizes the CBA to discipline that CPA firm for any act  
             that would be grounds for discipline against a CPA holding a  
             practice privilege. 

           b)   Repeals these provisions on January 1, 2011.






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       4)Requires an applicant for the CPA license to comply with education,  
          examination, and experience requirements under one of two provisions  
          that establish different criteria (Pathways) for CPA licensure as  
          follows: 

        a)   Completion of a baccalaureate or higher degree, as specified,  
             including 24 semester units in accounting and 24 semester units  
             in business related subjects, passing the examination prescribed  
             by the CBA.  In addition, requires proof of completion of at  
             least 150 semester units (including the baccalaureate degree),  
             and one year of qualifying experience (150-hour pathway).

        b)   Completion of a baccalaureate or higher degree, as specified,  
             including 24 semester units in accounting and 24 semester units  
             in business related subjects, passing the examination prescribed  
             by the CBA, and two years of qualifying experience (120-hour  
             pathway).  The law makes these provisions inoperative on January  
             1, 2014, and provides that they shall remain operative if  
             specified educational requirements are reduced or eliminated, or  
             if the practice privilege requirements are amended or repealed.

       1)Requires the CBA to hold a hearing on a report by the California  
          Research Bureau (CRB) regarding the Uniform Accountancy Act's  
          150-hour rule no later than September 1, 2010.


        This bill:

       1)Deletes the sunset date on the provisions authorizing a CPA firm to  
          practice in California through a practice privilege (#3, above), and  
          provides that the amendment removing that sunset date shall not be  
          deemed an amendment which would extend the continuation of the  
          120-hour pathway (as described in Item #4 b), above).

       2)Requires the CBA to hold a hearing no later than six months following  
          issuance of the report by CRB on the Uniform Accountancy Act's  
          150-hour rule.

       3)Makes technical and conforming changes.

       4)Makes its provisions operative as an urgency measure.


        FISCAL EFFECT:  Unknown.  This bill has been keyed "fiscal" by  
        Legislative Counsel.






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        COMMENTS:
        
       1.Purpose.  This bill is one of three "committee bills" authored by the  
          Business, Professions and Economic Development Committee and is an  
          urgency measure intended to consolidate several non-controversial  
          provisions related to the programs and professions under the  
          Business and Professions Code.  Consolidating the provisions in one  
          bill is designed to relieve licensing boards and professions from  
          the necessity and burden of having separate measures for a number of  
          non-controversial revisions.

       The provisions of this bill are minor, technical and updating changes,  
          and also make corrections to drafting errors in prior legislation.

       As a Committee bill, if controversy or opposition should arise  
          regarding any provision that cannot be resolved, then that provision  
          will be removed from the bill.  This will eliminate the chance of  
          placing any of the other provisions in jeopardy.

       2.Background.  California Board of Accountancy (CBA).  According to the  
           California Board of Accountancy  (CBA), last year  SB 819  (Yee,  
          Chapter 308, Statutes of 2009) deleted the sunset dates on the  
          practice privilege laws under which a CPA licensed in another state  
          may legally practice in California, thereby indefinitely extending  
          those laws.  The bill further provided that certain provisions  
          relating to sunsetting the 120-hour pathway for CPAs would be  
          invalidated if the practice privilege requirements were amended  
          before 2014.  However, the bill inadvertently failed to delete the  
          sunset date on the practice privilege for CPA firms licensed in  
          another state, and for the board's authority to discipline those  
          firms.  This bill conforms with SB 819 by removing the sunset date  
          on BPC  5096.12, and clarifies that the amendment shall not be  
          deemed an amendment that would invalidate the 120-hour pathway  
          sunset in 2014.

       SB 819 also required the CBA to hold a hearing on the CRB report by  
          September 1, 2010.  In order to meet these requirements, the CBA  
          anticipates it would need at least two additional meetings (likely  
          in May and in July).  However the CRB has been unable to issue the  
          Report as originally anticipated due to a backlog of priorities.   
          Therefore, it is important to amend the law to instead require the  
          CBA to hold the hearing within 6 months after the report is issued.


        SUPPORT AND OPPOSITION:
        





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         Support:   

        California Board of Accountancy

         Opposition:  

        None received as of April 12, 2010



        Consultant:G. V. Ayers