BILL ANALYSIS Ó ----------------------------------------------------------------------- |Hearing Date:April 25, 2011 |Bill No:SB | | |773 | ----------------------------------------------------------------------- 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 § SB 773 Page 2 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 SB 773 Page 3 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 SB 773 Page 4