BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 467| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 467 Author: Hill (D) Amended: 4/21/15 Vote: 21 SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 4/27/15 AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen SUBJECT: Professions and vocations SOURCE: Author DIGEST: This bill requires the Department of Consumer Affairs (DCA) to receive approval of the Legislature to levy any pro rata charges against any of the boards, bureaus, or commission for DCA's administrative expenses; requires the Attorney General's (AG) Office to submit specified reports and information to the Legislature annually; requires the DCA Director (Director), through the Division of Investigation (DOI), to work with the health care boards to standardize referral of complaints; extends until January 1, 2020, the provisions establishing the California Board of Accountancy (CBA) and the term of the executive officer; and authorizes CBA to provide for certain practice restrictions on an accountant license for disciplinary reasons. SB 467 Page 2 ANALYSIS: Existing law: 1)Provides that a charge for the estimated administrative expenses of the DCA, not to exceed the available balance in any appropriation for any one fiscal year, may be levied in advance on a pro rata share basis against any boards, bureaus, commissions, divisions, and agencies, at the discretion of the Director and with the approval of the Department of Finance. (Business and Professions Code (BPC) § 201 (a)(1)) 2)Requires the Director to transmit any valid complaint to the appropriate local, state or federal agency whose authority provides the most effective means to secure the relief and it shall be the continuing duty to the Director to discern patterns of complaints and to ascertain the nature and extend of action taken with respect to the probably violations or pattern of complaints. (BPC § 326) 3)Provides that the CBA within the DCA is responsible for the licensure and regulation of accountants and is required to designate an executive officer and repeals these provisions on January 1, 2016. (BPC § 5000 et seq.) This bill: 1)Requires the DCA to receive approval of the Legislature to levy in advance a charge for the estimated administrative expenses of the DCA on a pro rata share basis against any of the boards, bureaus, commissions, divisions, and agencies for the estimated administrative expenses of the DCA. 2)Requires the AG to submit a report to the DCA, the Governor, and the appropriate policy committees of the Legislature on or before January 1, 2017, and on or before January 1 of each subsequent year that includes specific statistical information regarding cases referred to the AG by each constituent entity comprising the DCA and the DOI of the DCA. 3)Requires the Director, through the DOI, to work cooperatively with the health care boards to standardize referral of complaints to the DOI and those that are retained by the SB 467 Page 3 health care boards for investigation in order to implement the 2009 DCA complaint prioritization guidelines titled "Complaint Prioritization Guideline for Health Care Agencies." 4)Extends until January 1, 2020, the provisions establishing the CBA and the term of the executive officer. 5)Authorizes the CBA to, after notice and hearing, permanently restrict or limit the practice of a licensee or impose a probationary term or condition on a license which prohibits the licensee from performing or engaging in any of the acts or services of accountancy due to unprofessional conduct, as specified. 6)Provides that a practice restriction may include, but not be limited to, the prohibition on engaging in or performing any attestation engagement, audits or compilations. 7)Allows a licensee to petition the CBA for a penalty reduction or reinstatement of the privilege to engage in the service or act restricted or limited, as specified. 8)Provides that the authority of sanctions provided are in addition to any other civil, criminal, and administrative penalties or sanctions provided by law, and do not supplant, but are cumulative to, other disciplinary authority, penalties or sanctions. 9)Specifies that failure to comply with any restrictions or limitation imposed by the CBA is grounds for revocation of the license. Background Oversight hearings and sunset review of licensing boards and programs. In 2015, the Senate Committee on Business, Professions, and Economic Development and the Assembly Business and Professions Committee (Committees) conducted joint oversight hearings to review 12 regulatory entities, including DCA and CBA. DCA pro rata. The DCA provides centralized administrative services to all boards. Most of these services are funded through a pro rata calculation that is based on "position SB 467 Page 4 counts." Other functions (call center services, complaint resolution, and correspondence unit) are based on past-year workload. The pro rata charges fund the entire DCA operations. For FY 2015-16, DCA is budgeted $94 million with 727 employees. The boards have no control over the pro rata charges, regardless of the quality or quantity of services provided by the DCA, and pro rata can be as much as 40% of a board's annual operating budget. This bill requires legislative approval, through the budget process, for DCA's annual pro rata assessment. DCA Consumer Protection Enforcement Initiative (CPEI). In response to pressure from the media and the Legislature, the DCA created CPEI in 2010, which was designed to reduce the average length of time it takes health care boards to take formal disciplinary action from three years to 12 to 18 months. While significant steps have been taken, most boards have failed to meet their performance targets. Boards are not entirely in control of their disciplinary process timelines, though; boards rely on the AG and the Office of Administrative Hearings (OAH) to perform critical functions within the enforcement process. While OAH is subject to performance measures starting January 1, 2016, the AG's office is not. This bill requires the AG's office to provide performance metrics annually to the DCA, the Governor, and the appropriate policy committees of the Legislature beginning in 2017. Another essential component of CPEI was enhancing the use of non-sworn investigative staff to conduct less complex investigations for the health care boards. To assist complain prioritization, DCA issued "Complaint Prioritization Guidelines" in 2009. These guidelines, coupled with staff training, were designed to free up sworn staff so that they could work on complex investigations. However, not all boards are complying with these parameters. This bill requires the Director, through the DOI, to work cooperatively with the health care boards to standardize referral of complaints to the DOI and internally in order to SB 467 Page 5 implement the 2009 DCA complaint prioritization guidelines titled "Complaint Prioritization Guideline for Health Care Agencies." Review of the CBA. CBA is a public majority board and is composed of 15 members: seven CPAs and eight public members. The CBA enforces the Accountancy Act which defines the practice of public accountancy as the process of recording classifying, reporting, and interpreting the financial data of an individual or an organization. CBA's regulatory authority over certified public accountants (CPAs), public accountants (PAs), and accounting firms is guided by CBA's statutory mandate to protect the public. This bill extends the CBA's sunset date until 2020. CBA permanent practice restrictions. The CBA has the authority to revoke, suspend, or refuse to renew any permit or certificate, or censure the holder of that permit or certificate due to unprofessional conduct. Currently, practice restrictions may only be imposed beyond the probationary term when specifically agreed to by the licensee via a stipulated settlement. Some circumstances may warrant permanent practice restrictions in order to protect the public, however; if the licensee is unwilling to agree to such terms via a stipulated settlement, the only recourse for the CBA is to seek revocation of the license. This bill authorizes the CBA to permanently restrict or limit the practice of a licensee or impose a probationary term or condition on a license, after notice and hearing, which prohibits the licensee from engaging in any acts of accountancy due to unprofessional conduct, as specified. This change would allow the CBA and ALJs to include permanent practice restrictions as part of a disciplinary order, which permits the licensee to retain a license and be able to practice and earn income in such areas where competency is not compromised. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee: SB 467 Page 6 Board of Accountancy: projected expenditures of approximately $14.1 million annually (Accountancy Fund), supporting 98.8 PY, until January 1, 2020, partially offset by annual fee revenues of approximately $5.4 million in 2015-16, based on the proposed 2015-16 budget. Annual fee revenues will increase to approximately $11 million annually beginning July 1, 2016. The AG's Office indicates that it would incur significant increased workload and costs of approximately $1.45 million in 2015-16 ($537,000 General Fund and $911,000 Legal Services Revolving Fund - LSRF), $1.8 million in 2016-17 ($268,000 General Fund and $1.534 million LSRF), and $1.534 million ongoing (LSRF). AG costs from the LSRF would be reimbursed from the funds of the boards and bureaus that refer cases to the AG. Unknown impact on the funds and accounts of individual boards and bureaus as a result of transferring the authority to the Legislature for setting pro-rata charges on boards and bureaus to cover DCA's administrative expenses. There should not be a net overall impact to the charges, but the change will likely result in losses to some funds and gains to others. (various special funds). SUPPORT: (Verified5/29/15) California Board of Accountancy California Society of CPAs OPPOSITION: (Verified5/29/15) None received ARGUMENTS IN SUPPORT: The California Board of Accountancy (CBA) is in support of this bill and indicates that the Board plays an important role in protecting consumers by ensuring only qualified licensees practice public accountancy in accordance SB 467 Page 7 with established professional standards. CBA believes it is vital for the CBA to continue regulating the practice of public accountancy, which includes both licensing and enforcement functions of more than 97,000 licensees. Prepared by:Sarah Huchel / B., P. & E.D. / (916) 651-4104 5/31/15 12:08:03 **** END ****