BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 467|
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                                   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.










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          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  







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            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  







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          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  







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          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: 







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           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  







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          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


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