BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1490|
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                                 THIRD READING


          Bill No:  SB 1490
          Author:   Senate Business, Professions and Economic  
          Development
          Amended:  4/12/10
          Vote:     27 - Urgency

           
           SENATE BUS., PROF. & ECON. DEVEL. COMMITTEE  :  7-0, 4/19/10
          AYES:  Negrete McLeod, Wyland, Aanestad, Correa, Oropeza,  
            Walters, Yee
          NO VOTE RECORDED:  Calderon, Florez

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Professions and vocations

           SOURCE  :     Author


           DIGEST  :    This bill makes corrections and updates to prior  
          legislation relating to the practice of accountancy.

           ANALYSIS  :    

           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  
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             and whose principle place of business is not in this  
             state to practice public accountancy n 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.

          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.

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          5. 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.

           Background
           
           California Board of Accountancy  .  According to the 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 provides that certain provisions  
          relating to sunsetting the 120-hour pathway for CPAs will  
          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  
          Business and Professions Code Section 5096.12, and  
          clarifies that the amendment shall not be deemed an  
          amendment that invalidates the 120-hour pathway sunset in  
          2014.

          SB 819 also requires the CBA to hold a hearing on the CRB  
          report by September 1, 2010.  In order to meet these  
          requirements, the CBA anticipates it needs at least two  

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          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 six months after the report is  
          issued.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  5/4/10)

          California Board of Accountancy


          JJA:do  5/5/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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