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 SB 773 Page 2 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 SB 773 Page 3 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 SB 773 Page 4 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