BILL ANALYSIS                                                                                                                                                                                                    Ó







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        |Hearing Date:April 25, 2011        |Bill No:SB                         |
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                      SENATE COMMITTEE ON BUSINESS, PROFESSIONS 
                               AND ECONOMIC DEVELOPMENT
                          Senator Curren D. Price, Jr., Chair
                                           

                      Bill No:        SB 773Author:Negrete McLeod
                    As Amended:April 14, 2011          Fiscal: Yes

        
        SUBJECT:  Accountants.
        
        SUMMARY:  Revises the requirement for the Board of Accountancy to 
        broadcast Board meetings over the Internet to require video 
        broadcasts; makes a correcting and conforming change.

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

        2) Establishes an Advisory Committee on Accounting Ethics Curriculum 
           within the Board to recommend to the Board ethics study guidelines, 
           as specified, and authorizes the committee to determine that a 
           course or a portion of a course of accounting education satisfies 
           the ethics study requirement. (Business and Professions Code (BPC) 
           § 5094.5)

        3) Requires all Board meetings to be open to the public, and provides 
           that the Board may hold executive sessions to deliberate on a 
           decision upon the evidence in a case under the Administrative 
           Procedure Act, and to take action on examinations or administrative 
           matters as specified in the Government Code. (BPC § 5017)

        4) Requires the Board to provide a live audio or video broadcast of 
           Board meetings on its Internet Website, as specified, and requires 
           the audio or video recordings of broadcasts or a link to the 
           recordings to remain on the Website for at least 3 years. (BPC § 





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           5017.5)

        This bill:

        1) Makes a conforming change by correcting a reference the Advisory 
           Committee on Accounting Ethics Curriculum.

        2) Revises the existing requirement to instead require the Board to 
           provide a live video broadcast of Board meetings, and to maintain 
           the video recording on the Board's Internet Website for at least 3 
           years.

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


        COMMENTS:
        
        1. Purpose.  This bill is sponsored by the  California Society of 
           Certified Public Accountants  (Sponsor) to make updating and 
           conforming changes to the law governing public accountancy in 
           California.  The bill makes a correction to appropriately refer to 
           the Advisory Committee on Accounting Ethics Curriculum which was 
           established by legislation in 2009.  The bill would also update 
           provisions relating to webcasting Board meetings to better reflect 
           actual practice by requiring the Board to video broadcast meetings 
           rather than to provide either an audio or video broadcast.

        2. Background.  Legislation enacted in 2009, established the Advisory 
           Committee on Accounting Ethics Curriculum to make recommendations 
           on ethics study guidelines to the Board by June 1, 2012.  That 
           legislation,  SB 819  (Yee, Chapter 308, Statutes of 2009), revised 
           the CPA license standards to increase the amount of education from 
           120 hours to 150 hours effective January 1, 2014.  In increasing 
           the required hours, the legislation required that the education 
           include a minimum of 10 units of ethics study and 20 units of 
           accounting study, as specified.  The 10 units of ethics study must 
           meet the guidelines established by the Board upon the advice of the 
           Advisory Committee.

        The Accountancy Act was further amended by  AB 1005  (Block, Chapter 
           379, Statutes of 2009) to increase public access and transparency 
           as it relates to the regulation of the accounting profession by 
           requiring the Internet broadcasting of public Board meetings, the 
           posting of Board minutes and notices of formal accusations on the 
           Board's Website.  In adding these requirements, the legislation 





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           authorized the Board to provide either an audio or a video 
           broadcast of the Board meeting over the Internet.  In meeting these 
           requirements the Board has chosen to video broadcast its meetings.  
           This bill amends the law to reflect the practice of the Board.

        3. Related Legislation.   SB 819  (Yee, Chapter 308, Statutes of 2009) 
           increased the education requirement to obtain a CPA license from 
           120 hours to 150 hours effective January 1, 2014.  These provisions 
           were originally introduced in  SB 961  (Yee) in 2009.  

         AB 1005  (Block, Chapter 379, Statutes of 2009) required the Board to 
           broadcast public Board meetings live over the Internet, and to also 
           post Board minutes and notices of formal accusations on the Board's 
           Website.

         AB 138  (Hayashi, Chapter 312, Statutes of 2009) required, until 
           January 1, 2014, California-licensed accounting firms to undergo a 
           peer review of their accounting and auditing services every three 
           years.

         SB 542  (Price) extends the sunset date on the Board of Accountancy 
           from January 1, 2012 to January 1, 2016; and extends the CPA peer 
           review provisions to correspond with the Board's sunset date.  That 
           bill is set for hearing on May 2 in this Committee.  

         SB 103  (Liu) requires a state body that operates an Internet Website 
           to provide a supplemental live audio or video web-broadcast of each 
           of its meetings that are open to the public.  That bill passed the 
           Senate Governmental Organization Committee 12-0 on April 12, 2011.


        SUPPORT AND OPPOSITION:
        
         Support:   California Society of Certified Public Accountants 
        (Sponsor)

         Opposition:     None received as of April 20, 2011.



        Consultant:G. V. Ayers










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