BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 UNFINISHED BUSINESS


          Bill No:  SB 823
          Author:   Senate Business, Professions and Economic Development  
          Committee
          Amended:  9/6/13
          Vote:     27 - Urgency


           SENATE BUSINESS, PROF. & ECON. DEV. COMM.  :  10-0, 4/29/13
          AYES:  Price, Emmerson, Block, Corbett, Galgiani, Hernandez,  
            Hill, Padilla, Wyland, Yee

           SENATE FLOOR  :  34-0, 5/06/13
          AYES:  Anderson, Beall, Block, Calderon, Cannella, Corbett,  
            Correa, De León, DeSaulnier, Emmerson, Evans, Fuller, Gaines,  
            Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson,  
            Knight, Leno, Lieu, Liu, Monning, Nielsen, Padilla, Pavley,  
            Price, Roth, Steinberg, Walters, Wright, Wyland
          NO VOTE RECORDED:  Berryhill, Lara, Wolk, Yee, Vacancy, Vacancy

           ASSEMBLY FLOOR  :  Not available


           SUBJECT  :    Professions and vocations:  licensure

           SOURCE  :     Author


           DIGEST  :    This bill revises the qualifications for certified  
          public accountant (CPA) licensure in order to smooth the  
          transition to the new requirements for some applicants, and  
          reestablishes certain provisions regarding the administration of  
          the Transcript Reimbursement Fund (TRF) operated by the Court  
          Reporters Board of California (CRB).
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           Assembly Amendments  add provisions relating to the  
          administration of the TRF; add a sunset to CPA licensure  
          requirements; and make technical and clarifying changes to  
          correct a typographical error and an incorrect code citation.
           ANALYSIS  :    

          Existing law:

          1.Requires an applicant for the CPA license to comply with  
            education, examination, and experience requirements under one  
            of two provisions that establish different criteria (pathways)  
            for CPA licensure as follows: 

             A.   Completion of a baccalaureate or higher degree, as  
               specified, including 24 semester units in accounting and 24  
               semester units in business related subjects, passing the  
               examination prescribed by the California Board of  
               Accountancy (CBA), and two years of qualifying experience  
               (120-hour pathway).  These provisions become inoperative on  
               January 1, 2014.

             B.   Completion of a baccalaureate or higher degree, as  
               specified, including 24 semester units in accounting and 24  
               semester units in business-related subjects, passing the  
               examination prescribed by the CBA.  In addition, requires  
               proof of completion of at least 150 semester units  
               (including the baccalaureate degree), and one year of  
               qualifying experience (150-hour pathway).

          1.Requires an applicant for the CPA examination to submit  
            evidence of completion of a baccalaureate or higher degree  
            prior to sitting for the 
            examination.

          2.Provides for the licensure and regulation of court reporters  
            by the CRB within the Department of Consumer Affairs.

          3.Requires, until January 1, 2017, certain fees and revenues  
            collected by CRB to be deposited into the TRF; and requires  
            the unencumbered funds remaining in the TRF as of January 1,  
            2017, be transferred to the Court Reporters' Fund.

          This bill:

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          1.Grants applicants who pass the CPA examination on or before  
            December 31, 2013, until December 31, 2015, to complete the  
            general accounting experience requirement necessary for CPA  
            licensure.

          2.Permits CPA applicants enrolled in a program that grants  
            concurrent conferral of a master's and baccalaureate degree to  
            qualify for the CPA examination prior to the conferral of a  
            baccalaureate degree, upon showing that the applicant has met  
            the program's requirements for conferral of a baccalaureate  
            degree.

          3.Requires the concurrent degree-conferring educational  
            institution to mail to the CBA an official transcript and a  
            signed letter documenting that the applicant is in good  
            standing in a program that will result in the concurrent  
            conferral of degrees, that the applicant has fulfilled the  
            requirements for the baccalaureate degree, and the date the  
            applicant met the requirements for conferral of a  
            baccalaureate degree.

          4.Requires that the total educational program for a qualified  
            concurrent degree program include a minimum of 24 semester  
            units in accounting subjects and 24 semester units in  
            business-related subjects, which shall be evidenced at the  
            time of application for admission to the examination, except  
            that an applicant who applied, qualified, and sat for at least  
            two subjects of the examination for the CPA license before May  
            15, 2002, may provide this evidence at the time of application  
            for licensure.

          5.Permits an applicant who has successfully passed the CPA  
            examination requirement on or before December 31, 2013, to  
            qualify for the CPA license without satisfying the specified  
            required semester units of study related to ethics or  
            accounting if the applicant completes all other requirements  
            for the issuance of a license on or before December 31, 2015.

          6.Provides that an applicant who has successfully passed the CPA  
            examination requirement on or before December 31, 2013, is  
            exempt from specified ethics requirements unless the applicant  
            fails to obtain the specified qualifying experience on or  
            before December 31, 2015.

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          7.Provides definitions for the following terms related to the  
            regulation of shorthand reporters:  "applicant," "case,"  
            "certified shorthand reporter," "Developmentally Disabled  
            Assistance Act," "fee-generating case," "lawyer referral  
            service," "Legal Services Corporation," "Older Americans Act,"  
            "other qualified project," "pro bono attorney," "qualified  
            legal services project," "qualified support center," "rules of  
            professional conduct," and "supplemental security income  
            recipient," which shall remain operative until January 1,  
            2017.

          8.Requires the CRB to disburse funds from the TRF for the costs,  
            exclusive of per diem, of preparing either, an original  
            transcript and one copy thereof, or where appropriate, a copy  
            of the transcript, of court or deposition proceedings, or  
            both, incurred as a contractual obligation between the  
            shorthand reporter and the applicant, for litigation conducted  
            in California.

          9.Permits CRB to reimburse the applicant or shorthand reporter  
            for per diem costs if there is no deposition transcript.

          10.Specifies that the rate of per diem for depositions shall not  
            exceed $75 for one-half day or $125 for a full day, as  
            specified.

          11.Sets forth, the procedures to be followed by the applicant,  
            or certified shorthand reporter and CRB, regarding  
            reimbursement from the TRF, as specified, and specifies that  
            the maximum amount reimbursable by the TRF shall not exceed  
            $20,000 per person, per case, per year.

          12.Requires CRB to complete its reimbursement action within 30  
            days of receipt of the invoice and all required documentation,  
            including a completed application, except that applications  
            for reimbursement that cannot be paid from the TRF due to  
            insufficiency for that fiscal year shall be held over until  
            the next fiscal year to be paid out of the renewed TRF on a  
            priority basis. 

          13.Provides that documentation accompanying an invoice for  
            reimbursement from the TRF shall be sufficient to establish  
            entitlement to reimbursement if it is filed with the executive  

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            officer on a prescribed and complete application form that  
            establishes the identify and qualification of the applicant,  
            the fact that the case is not fee-generating, evidence of  
            licensure, a signed statement that the invoice is accurate,  
            written acknowledgement of the responsibility to refund any  
            disbursement from any costs or attorney's fees awarded or  
            otherwise provided, and separate itemizations for charges  
            claimed, as specified. 

          14.Provides that eligibility for reimbursement for an "other  
            qualified project," "qualified legal services project," or  
            "qualified support center," as defined, shall require a letter  
            from the director of the project or center certifying that the  
            project or center meets specified standards and that the  
            litigant or litigants are indigent persons.

          15.Provides that eligibility for reimbursement for a pro bono  
            attorney shall require a letter certifying that the  
            representation meets specified standards and that the litigant  
            or litigants are indigent persons, together with a letter from  
            the director of a project or center, as specified, certifying  
            that the litigant or litigants had been referred by that  
            project or center to the applicant.

          16.Permits an applicant to receive reimbursement directly from  
            CRB if the applicant has previously paid the certified  
            shorthand reporter for transcripts as specified, and submits  
            an itemized statement signed by the certified shorthand  
            reporter, as specified.

          17.Authorizes CRB to prescribe appropriate forms to be used by  
            applicants and certified shorthand reporters to facilitate  
            reimbursement from the TRF. 

          18.Clarifies that the law related to shorthand reporters does  
            not restrict any contractual obligation or payment for  
            services, including, but not limited to, billing the applicant  
            directly, during the pendency of the reimbursement claim.

          19.Sunsets the provisions of this bill related to the TRF and  
            the reimbursement process (#13 through #18 above), effective  
            January 1, 2017.

          20.Makes various other technical and clarifying changes. 

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           Background

           According to the CBA under SB 819 (Yee, Chapter 398, Statutes of  
          2009), beginning January 1, 2014, CPA applicants will be  
          required to obtain 150 semester units, including 24 semester  
          units in accounting subjects, 24 semester units in  
          business-related subjects, 20 semester units in accounting  
          study, and 10 semester units in ethics study, and one year of  
          general accounting experience.   As a result, many applicants  
          who planned their respective education and general accounting  
          experience under the presumption that the existing pathways to  
          licensure would still exist, may be ineligible to become  
          licensed when the new requirements take effect on January 1,  
          2014.  By extending the existing pathways for those who pass the  
          examination, this bill maintains those applicants eligibility  
          for licensure as a stop gap measure.  While it is difficult to  
          say with precision how many individuals could be affected by  
          these changes, CBA estimates that the number would be in the  
          thousands.

          The CBA states that existing law requires that an applicant for  
          the CPA exam present evidence that a baccalaureate degree has  
          been completed and conferred.  However, applicants enrolled in a  
          five-year master's concurrent degree program typically cannot  
          receive their baccalaureate degree until the master's degree  
          program is completed.  Therefore, even if the candidate has  
          fulfilled the baccalaureate degree requirements, the applicant  
          cannot qualify for the CPA exam.  This bill allows applicants  
          who are enrolled in a program that confers a master's and a  
          baccalaureate degree concurrently to qualify for the CPA exam  
          prior to the conferral of a baccalaureate degree.  The applicant  
          must provide a letter from the educational institution along  
          with transcripts documenting that the applicant is in good  
          standing in a concurrent degree and has fulfilled the  
          requirements for the baccalaureate degree.
           
          Court reporter provisions  .  CRB administers the TRF, which is  
          based in statute and designated to reimburse transcript costs  
          incurred by indigent litigants.  The TRF's reimbursements are  
          limited to $300,000 per year, and are paid from court reporter  
          licensing fees.  In 2010, SB 1181 (Cedillo, Chapter 518,  
          Statutes of 2010) established a pilot project to expand the TRF  
          to pro se (self-represented) litigants who are indigent.   

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          Historically the TRF has been underutilized by indigent  
          litigants represented by pro bono attorneys or qualified  
          nonprofit entities, so this pilot project was implemented in  
          order to maximize the benefits of the TRF and expand  
          reimbursements to those most in need.  A cap of $30,000 per  
          calendar year was set aside for projects under SB 1181, with a  
          per-case cap of $1,500.

          In 2012, SB 1236 (Price, Chapter 332) extended the sunset date  
          of the CRB and the Fund from January 1, 2013, to January 1,  
          2017.  However, due to a drafting error, SB 1236 failed to  
          extend certain provisions related to the TRF, so that they were  
          repealed as of January 1, 2013.  The repealed sections contain  
          definitions and authorize the CRB to process and pay the  
          applications.  The TRF itself remains in statute.  CRB staff  
          states that it is continuing to receive and log applications for  
          reimbursement, and upon restoration of the repealed code  
          sections the CRB would be able to begin processing them.  This  
          bill will restore those repealed sections and enable CRB to  
          fully administer the TRF. 
           
          Comments
           
          The author states, "As urgency legislation, the bill  
          consolidates several non-controversial provisions related to the  
          programs and professions governed by the Business and  
          Professions Code.  Consolidating the provisions in one bill is  
          designed to relieve the various licensing boards, agencies and  
          professions from the necessity and burden of having separate  
          measures for several non-controversial revisions.  These changes  
          are minor, technical and updating changes."

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  9/10/13)

          California Board of Accountancy
          California Society of CPAs
          Court Reporters Board of California


          MW:ej  9/11/13   Senate Floor Analyses 


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                           SUPPORT/OPPOSITION:  SEE ABOVE

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