BILL ANALYSIS Ó SB 773 Page 1 Date of Hearing: June 28, 2011 ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER PROTECTION Mary Hayashi, Chair SB 773 (Negrete McLeod) - As Amended: June 20, 2011 SENATE VOTE : 38-0 SUBJECT : Accountants SUMMARY : Establishes requirements for ethics courses that certified public accountants (CPAs) must complete to gain licensure. Specifically, this bill : 1)Requires, in addition to completing at least 24 semester units in accounting subjects and 24 semester units in business-related subjects as required by existing regulations, an applicant applying for licensure as a CPA to document, to the satisfaction of the Board of Accountancy (Board), the completion of an additional 20 semester units of accounting study and 10 semester units or 15 quarter units of ethics study, as required by current law. 2)Specifies that satisfactory evidence of educational qualifications must take the form of certified transcripts of the applicant's college record, mailed directly to the Board from the educational institution. In unusual circumstances the Board may accept such other evidence as it deems appropriate and reasonably conclusive. For foreign education, in addition to certified transcripts of the applicant's college record, satisfactory evidence shall usually take the form of an evaluation of educational credentials by a credentials evaluation service approved by the Board. 3)Requires, between January 1, 2014, and January 1, 2017, the 10 semester units or 15 quarter units of ethics study to be completed from the following course areas: business law; legal environment of business; accounting ethics or accountant's professional responsibilities; corporate governance; ethics, morals, or fraud; organizational behavior; human resources management; management of organizations; business, government, and society; business leadership; or, non-accounting courses specific to professional responsibilities. SB 773 Page 2 4)Requires, on and after January 1, 2017, three of the 10 semester units or four of the 15 quarter units of ethics study to be met in a course or courses at an upper division level or higher course study devoted to accounting ethics or accountants professional responsibilities. The remaining seven semester units or 11 quarter units must be completed from the list of disciplines specified in 3), above, or as follows, with no more than three semester units or four quarter units from the following: philosophy; religion; theology; sociology; psychology; cultural, ethnic, or diversity studies; economics; or, political science. Courses in these disciplines must have as its course title the name of the discipline or, at a minimum, include the following words or terms in the course title in addition to the name of the discipline: "Introduction," "Introductory," "General," "Fundamentals of," "Principles," "Foundation of," or "Survey of." 5)Allows applicants to obtain credit for up to one semester unit of ethics study for completion of a course specific to financial statement audits. 6)Specifies that one quarter unit is equivalent to two-thirds of one semester unit. 7)Sunsets the Advisory Committee on Accounting Ethics Curriculum (Advisory Committee) and related provisions on January 1, 2014. 8)Removes a requirement that the Board adopt Advisory Committee recommendations via regulation, and related provisions. EXISTING LAW 1)Licenses and regulates CPAs under the Accountancy Act by the Board within the Department of Consumer Affairs (DCA). 2)Establishes education requirements for CPA licensure, including specified ethics courses. 3)Establishes the Advisory Committee within the Board to recommend to the Board ethics study guidelines, as specified, and authorizes the Advisory Committee to determine that a course or a portion of a course of accounting education satisfies the ethics study requirement. SB 773 Page 3 FISCAL EFFECT : Unknown COMMENTS : Purpose of this bill . According to the author's office, "In 2009, the Legislature enacted a provision requiring applicants for the CPA license to have at least 150 hours of education, including 10 hours devoted to ethics. "Current law requires an advisory committee to develop recommendations for how the 10 hours of ethics education can be achieved in the academic setting. That committee completed its work on June 7th." Background . Legislation enacted in 2009 revised CPA license standards to increase the hours of education required for licensure from 120 hours to 150 hours, beginning January 1, 2014. It also required that the education include at least 10 units of ethics study and 20 units of accounting study. The 10 units of ethics study must meet guidelines established by the Board upon the advice of the Advisory Committee , which was also created by the bill and charged with making recommendations to the Board by June 1, 2012. The Advisory Committee has finished that task and this bill implements its recommendations. Beginning January 1, 2014, and until January 1, 2017, CPA candidates must satisfy ethics course requirements by completing 10 semester units or 15 quarter units from the following course areas: business law; legal environment of business; accounting ethics or accountant's professional responsibilities; corporate governance; ethics, morals, or fraud; organizational behavior; human resources management; management of organizations; business, government, and society; business leadership; or, non-accounting courses specific to professional responsibilities. On and after January 1, 2017, CPA candidates must complete three semester units or four quarter units in a course or courses at an upper division level or higher course study devoted to accounting ethics or accountants professional responsibilities. The remaining seven semester units or 11 quarter units can be completed from the list of disciplines specified above or from the following: philosophy; religion; theology; sociology; psychology; cultural, ethnic, or diversity studies; economics; SB 773 Page 4 or, political science. Courses in these subjects cannot exceed three semester units or four quarter units. Support . The California Society of CPAs writes, "We believe the Ethics Study Guideline adopted by the (Advisory Committee) and set forth in your SB 773 contains both the breadth and depth of course requirements needed to produce CPA candidates with the necessary 'framework of ethical reasoning, professional values, and attitudes for exercising professional skepticism and other behavior that is in the best interest of the investing and consuming public and the profession' as required by SB 819." Related legislation . AB 431 (Ma) authorizes the Board to establish a retired status license for CPAs and PAs. This bill is pending in Senate Appropriations Committee. SB 542 (Price) extended the sunset date on the Board and extended CPA peer review provisions to correspond with the Board's sunset date. This bill has been amended to address an unrelated subject. Previous legislation . SB 819 (Yee), Chapter 308, Statutes of 2009, increases the education requirement to obtain a CPA license from 120 hours to 150 hours, effective January 1, 2014, and establishes the Advisory Committee to recommend ethics study guidelines to the Board. AB 138 (Hayashi), Chapter 312, Statutes of 2009, requires, until January 1, 2014, California-licensed accounting firms to undergo a peer review of their accounting and auditing services every three years. REGISTERED SUPPORT / OPPOSITION : Support California Society of CPAs Opposition None on file Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916) 319-3301 SB 773 Page 5