BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 773
                                                                  Page  1

          Date of Hearing:   July 5, 2011

              ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER 
                                     PROTECTION
                                 Mary Hayashi, Chair
                 SB 773 (Negrete McLeod) - As Amended:  June 28, 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, after December 31, 2013, the total educational 
            program required for licensure as a CPA license to include a 
            minimum of 10 units of ethics study as specified by this bill 
            and 20 units of accounting study consistent with regulations 
            to be adopted by the California Board of Accountancy (CBA) by 
            January 1, 2012, pursuant to current law.

          2)Specifies that CBA's Advisory Committee on Accounting Ethics 
            Curriculum (Advisory Committee) may determine that a course or 
            portion of a course satisfies this ethics study requirement, 
            and that nothing in this bill shall be construed to be 
            inconsistent with prevailing academic practice regarding the 
            completion of units.

          3)Deletes language that is redundant to 1), above.

          4)Requires CPA license applicants to provide documentation of 
            completion of 10 semester units or 15 quarter units of ethics 
            study set forth in 1), above, to the satisfaction of CBA and 
            as prescribed below.

          5)Requires, between January 1, 2014, and December 31, 2016, the 
            10 semester units or 15 quarter units of ethics study to be 
            completed from the following course areas: 

             a)   Business, government, and society; business law; 
               corporate governance; corporate social responsibility; 
               ethics; fraud; human resources management; leadership; 
               legal environment of business; management of organizations; 
               morals; organizational behavior; or, professional 








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               responsibilities;

             b)   A maximum of three semester units or four quarter units 
               in: philosophy; religion; sociology; theology; psychology; 
               political science; economics; cultural studies; or, ethnic 
               studies; and,

             c)   A maximum of one semester unit of ethics study for 
               completion of a course title specific to financial 
               statement audits.

          6)Requires, on and after January 1, 2017, the ethics study to be 
            completed as follows:

             a)   A minimum of three semester units of four quarter units 
               in courses at an upper division level or higher devoted to 
               accounting ethics or accountants' professional 
               responsibilities; 
             b)   A maximum of seven semester units or 11 quarter units in 
               courses listed in a), above; and,

             c)   Courses as described in b) and c), above.

          7)Specifies that qualifying courses must contain in their title 
            one or more of the terms "introduction," "introductory," 
            "general," "fundamentals of," "principles," "foundation of," 
            or "survey of," or have the name of the discipline as the sole 
            name of the course title.

          8)Changes the sunset provisions for the Advisory Committee, to 
            remain in effect until January 1, 2014.

          9)Removes a requirement that the CBA adopt Advisory Committee 
            ethics study recommendations via regulation, and related 
            language.

           EXISTING LAW  

          1)Licenses and regulates CPAs under the Accountancy Act by the 
            CBA 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 








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            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.

           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.

          This bill establishes a set of ethics study requirements that 
          must be met in two different timeframes; between January 1, 
          2014, and December 31, 2016; and, on and after on and after 
          January 1, 2017.  The latter timeframe adds courses at an upper 
          division level or higher devoted to accounting ethics or 
          accountants' professional responsibilities, and more 
          specifically delineates the number of hours that must be 
          completed from the other course areas outlined in the bill.

           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 








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          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