BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 484
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          SENATE THIRD READING
          SB 484 (Wyland)
          As Amended  May 6, 2013
          Majority vote 

           SENATE VOTE  :39-0  
           
           BUSINESS & PROFESSIONS         10-2                  
          APPROPRIATIONS      13-4        
           
           ----------------------------------------------------------------- 
          |Ayes:|Gordon, Bocanegra,        |Ayes:|Gatto, Bocanegra,         |
          |     |Campos, Eggman, Hagman,   |     |Bradford,                 |
          |     |Holden, Maienschein,      |     |Ian Calderon, Campos,     |
          |     |Mullin, Skinner, Ting     |     |Eggman, Gomez, Hall,      |
          |     |                          |     |Holden, Linder, Pan,      |
          |     |                          |     |Quirk, Weber              |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Jones, Wilk               |Nays:|Harkey, Bigelow,          |
          |     |                          |     |Donnelly, Wagner          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Revises the composition of the California Tax  
          Education Council (CTEC), authorizes CTEC to deny, suspend, or  
          revoke a tax preparer registration for specified violations, and  
          makes other related changes to the Tax Preparers Law.   
          Specifically,  this bill  :   

          1)Clarifies that CTEC is a 501(c)(3) nonprofit organization.

          2)Revises and clarifies CTEC membership as follows:

             a)   There shall be no more than one representative from each  
               California nonprofit corporation in good standing with a  
               membership of at least 400 specified professionals in each  
               of the previous three calendars years; 

             b)   There shall be no more than one representative from each  
               for-profit tax preparation corporation in good standing  
               with at least 400 employees or franchisees, including the  
               employees of a franchisee, in California during the  
               previous calendar year; and,

             c)   Six individuals who are tax preparers shall be appointed  








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               to the board of directors of CTEC.   

          3)Authorizes CTEC to take any reasonable actions to carry out  
            the responsibilities and duties set forth in this bill,  
            including, but not limited to:

             a)   Hiring staff and entering into contracts; and,

             b)   Adopting bylaws, rules, regulations, and procedures  
               necessary to effectuate the purposes of this chapter.

          4)Requires CTEC to be governed by a board of directors,  
            comprised as specified.

          5)Requires CTEC to:

             a)   Issue registrations, deny applications, and discipline  
               registrants as specified; and,

             b)   Establish application fees, renewal fees, delinquent  
               fees, and other fees related to the regulatory cost of  
               providing services and carrying out the council's  
               responsibilities and duties, provided these fees do not  
               exceed the reasonable cost to CTEC for providing services  
               and carrying out its responsibilities and duties.

          6)Requires CTEC to  issue a registration to any applicant who  
            provides satisfactory evidence that he or she meets all of the  
            requirements and who complies with the bylaws, rules, and  
            procedures established by CTEC.

          7)Requires an applicant to submit a written application in a  
            form provided by CTEC and provide CTEC with satisfactory  
            evidence that he or she meets the following requirements:

             a)   The applicant has successfully completed specified  
               educational requirements;

             b)   All fees required by CTEC have been paid; and,

             c)   The applicant meets all of the other requirements for  
               registration under the Tax Preparers Law.

          8)Specifies that any registration must be renewed annually in a  








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            manner prescribed by CTEC, and shall expire unless renewed in  
            that manner; and further authorizes CTEC to provide for the  
            late renewal of a registration.  

          9)Permits CTEC to deny an application for registration or  
            discipline a registrant for specified offenses. 

          10)States that it is a violation of Tax Preparers Law for a tax  
            preparer to do or commit, and authorizes CTEC to deny an  
            application or discipline a registrant that does or commits,  
            any of the following: 

             a)   Unprofessional conduct, including, but not limited to,  
               denial of licensure, certificate, permit, or registration,  
               or revocation, suspension, restriction, or any other  
               disciplinary action against an applicant or registrant, as  
               specified;    

             b)   Procuring or attempting to procure a registration by  
               fraud, misrepresentation, or mistake;

             c)   Violating or attempting to violate, directly or  
               indirectly, or assisting in or abetting the violation of,  
               or conspiring to violate, any provision or term of Tax  
               Preparers Law or any rule or bylaw adopted by CTEC;

             d)   Conviction of any felony or misdemeanor that is  
               substantially related to the qualifications, functions, or  
               duties of a registrant;

             e)   Impersonating an applicant or acting as a proxy for an  
               applicant in any situation or examination referred to in  
               the Tax Preparers Law for the issuance of a registration;

             f)   Impersonating a registrant, or permitting or allowing an  
               unregistered person to use a registration; 

             g)   Committing any fraudulent, dishonest, or corrupt act  
               that is substantially related to the qualifications,  
               functions, or duties of a registrant;

             h)   Specifies that the above offenses shall not be guilty of  
               a misdemeanor, as specified; or,









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             i)   Declares that each violation shall be considered a  
               separate offense.

          11)Authorizes CTEC to discipline a registrant by any, or a  
            combination, of the following methods:

             a)   Placing a registration on probation;

             b)   Suspending the registration and the rights conferred by  
               the Tax Preparers law on a registrant for a period not to  
               exceed one year;

             c)   Revoking a registration;

             d)   Suspending or staying the disciplinary order, or  
               portions of it, with or without conditions; or,

             e)   Taking other action as CTEC as authorized by the Tax  
               Preparers Law or its bylaws, rules, or procedures, deem  
               proper.

          12)Permits CTEC to issue an initial registration on probation,  
            with specific terms and conditions, to any applicant.

          13)Requires CTEC to notify the Franchise Tax Board (FTB) and the  
            Internal Revenue Service (IRS) if a registration is suspended  
            or revoked. 

          14)States that no registrant or applicant may be disciplined or  
            denied registration except according to procedures satisfying  
            specified requirements; and further states that a denial or  
            discipline not in accord with these requirements shall be void  
            and without effect. 

          15)Requires any application denial or registrant discipline to  
            be done in good faith and in a fair and reasonable manner. Any  
            procedures that conform to the requirements of this bill are  
            fair and reasonable, but a court may also find other  
            procedures to be fair and reasonable when the full  
            circumstances of the application denial or registrant  
            discipline are considered.

             a)   States that a procedure is "fair and reasonable" if all  
               of the following apply:








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               i)     CTEC provides 15 days prior notice of the  
                 application denial or registration discipline and the  
                 reasons therefor; and,

               ii)    CTEC provides an opportunity for the applicant or  
                 registrant to be heard, either orally or in writing, not  
                 less than five days before the effective date of the  
                 application denial or registrant discipline by a person  
                 or body authorized to decide that the proposed denial or  
                 discipline not take place.

          16)Specifies that any notice required may be given by any method  
            reasonably calculated to provide actual notice. Any notice  
            given by mail must be given by first-class or express mail  
            sent to the last address of the applicant or registrant shown  
            on the council's records.

          17)Specifies that any action challenging an application denial  
            or registrant discipline, including any claim alleging  
            defective notice, shall be commenced within one year after the  
            effective date of the application denial or registrant  
            discipline in the superior court in and for the county of the  
            council's principal place of business. If the action is  
            successful, the court may order any relief, including  
            reinstatement, that it finds equitable under the  
            circumstances.

          18)Authorizes CTEC to charge applicants and registrants a  
            reasonable regulatory fee as a condition of any hearing  
            requested by the applicant or registrant for the purpose of  
            contesting denial of a registration or discipline of a  
            registrant. This fee shall not exceed the reasonable cost to  
            the council of providing the hearing. Upon a favorable  
            judgment for the council in any proceeding, the council shall  
            be entitled to recover its reasonable attorney's fees.

          19)Specifies that the "fair and reasonable" requirements govern  
            only the procedures for application denial or registrant  
            discipline and not the substantive grounds therefor. A denial  
            or discipline based upon substantive grounds that violates  
            contractual or other rights of the applicant or registrant or  
            is otherwise unlawful is not made valid by procedural  
            compliance. 








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          20)Clarifies that a "certificate of completion" is part of the  
            education registration requirements, as specified.

          21)States that this law shall be subject to review by the  
            appropriate policy committees of the Legislature. 

          22)Defines "registrant" to mean a tax preparer that has met all  
            of the requirements of Tax Preparer Law and has been issued a  
            registration by CTEC.  

          23)Declares that it is the Legislature's intent to enable  
            consumers to easily identify credible tax preparers who are  
            bonded and registered, to ensure tax preparers receive  
            adequate education and treat confidential information  
            appropriately, to prohibit tax preparers from making  
            fraudulent, untrue, or misleading representations, and to  
            provide for a self-funded nonprofit oversight body to register  
            tax preparers and ensure that they meet all of the  
            requirements of Tax Preparers Law.

          24)Makes technical and clarifying changes.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, the costs associated with this legislation should be  
          minor and absorbable within existing resources. 

           COMMENTS  :   

           1)Purpose of this bill  .  Current law establishes CTEC as the  
            registering body for professional tax preparers, but does not  
            give CTEC the authority to discipline registrants for  
            unprofessional conduct.  This leaves consumers vulnerable to  
            unscrupulous practitioners, while providing insufficient  
            incentive for those practitioners to abide by the law.  This  
            bill would outline a code of conduct for registered tax  
            preparers, and grant CTEC the authority to deny registration  
            to an applicant, or discipline a registrant, who is found to  
            be in violation of Tax Preparers Law.  This bill is sponsored  
            by CTEC. 
           
            2)Tax preparer registration  . Existing law requires all tax  
            preparers to register with CTEC before preparing tax returns  
            for another person for a fee.  Registration requires the tax  








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            preparer to complete an annual application and pay an  
            application fee, take out a bond, and complete specified  
            educational requirements.  The professionals exempted from  
            this registration requirement are CPAs, EAs, attorneys who are  
            members of the California State Bar, trust companies, federal  
            or state regulated financial institutions, or employees of  
            exempt persons or entities.  

            Registered tax preparers are permitted to file individual tax  
            forms on behalf of their clients, and are required to use  
            their CTEC tax preparer identification number when doing so.   
            CTEC maintains an online roster of all currently registered  
            tax preparers, so that consumers can easily check whether an  
            individual tax preparer has met all of the educational and  
            bonding requirements and is practicing legally.   
                
            3)CTEC authority  . Under existing law, CTEC does not have the  
            authority to discipline a registered tax preparer that is  
            convicted of fraud or another criminal offense related to the  
            profession.  The only action CTEC may take is to change a tax  
            preparer's registration status if he or she does not properly  
            register or re-register each year. CTEC does not have the  
            authority to discipline or revoke the registration of a  
            preparer found guilty of unprofessional conduct or convicted  
            of a criminal offense. This means that even if CTEC is aware  
            of registered tax preparers who are engaged in unprofessional  
            conduct, or other crimes related to the profession, CTEC  
            cannot protect consumers by revoking an individual's  
            registration because the law does not authorize this  
            disciplinary action. 

            This bill would clearly outline a code of conduct for  
            registered tax preparers, and give additional authority to the  
            CTEC to deny registration or discipline a registrant who is  
            found guilty of a violation.


           Analysis Prepared by  :    Angela Pontes / B.,P. & C.P. / (916)  
          319-3301 


                                                                FN: 0001711










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