BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          SB 542 (Price)
          
          Hearing Date: 5/16/2011         Amended: 5/5/2011
          Consultant: Bob Franzoia        Policy Vote: B,P&ED 9-0
          _________________________________________________________________
          ____
          BILL SUMMARY: SB 542 would do the following:
          - Extend, from January 1, 2102 to January 1, 2015, operation of 
          provisions establishing the Professional Fiduciaries Bureau.
          - Revise the exemption from the professional fiduciary licensing 
          requirement for enrolled agents to instead apply to an enrolled 
          agent providing fiduciary services that are ancillary to the 
          primary services of an enrolled agent.  An enrolled agent who is 
          soliciting clients for fiduciary services would be required to 
          obtain a license in accordance with the Professional Fiduciaries 
          Act.
          - Extend, from January 1, 2012 to January 1, 2016, operation of 
          the California Board of Accountancy and its executive director.
          - Extend, from January 1, 2012 to January 1, 2016, the board's 
          peer review program and the peer review oversight committee.
          - Make related, non-fiscal, changes.
          _________________________________________________________________
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2011-12      2012-13       2013-14     Fund
           Sunset extension (bureau)         $155        $310      
          $310Special*
                                     - fully offset by program revenue -

          Enrolled agent exemption          Unknown, minor loss of 
          licensing revenue      Special*    

          Sunset extension (board)          $5,600      $11,200   
          $11,200Special**                       - fully offset by program 
          revenue -                                     

          * Professional Fiduciary Fund (3108)
          ** Accountancy Fund (0704)
          _________________________________________________________________
          ____

          STAFF COMMENTS: 








          SB 542 (Price)
          Page 1


          
          The Professional Fiduciary Bureau, established by Chapter 
          491/2006, implements and enforces the Professional Fiduciaries 
          Act by licensing and regulating persons who act as professional 
          fiduciaries in California.  The bureau protects against fraud 
          and abuse by those who are charged with the care of California's 
          most vulnerable residents by ensuring that minimum competency 
          standards are met by establishing educational and experience 
          requirements, conducting examinations, investigating violations 
          of professional ethics and law, and disciplining licensees when 
          appropriate.

          There would be an unknown, minor loss of licensing revenue by 
          exempting a small percentage of enrolled agents who are 
          providing fiduciary services that are ancillary to the primary 
          services of the enrolled agent, as specified.
          The California Board of Accountancy regulates of 77,000 
          licenses, the largest group of accounting professionals in the 
          nation.  By authority of the Accountancy Act, the board 
          qualifies California candidates for the National Uniform 
          Certified Public Accountant (CPA) Examination; certifies, 
          licenses, and renews licenses of individual CPAs and Public 
          Accountants (PAs) and registers CPA and PA partnerships and 
          corporations; receives and investigates complaints; takes 
          enforcement actions against licensees for violations of board 
          statutes and regulations.