BILL NUMBER: AB 276	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hayashi

                        FEBRUARY 12, 2009

   An act to amend Section 6530 of the Business and Professions Code,
relating to professional fiduciaries.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 276, as introduced, Hayashi. Professional fiduciaries:
licensing.
   Existing law requires a professional fiduciary to be licensed by
the Professional Fiduciaries Bureau within the Department of Consumer
Affairs. Existing law exempts from this requirement specified
persons, including a certified public accountant and a person
enrolled as an agent to practice before the Internal Revenue Service
acting within the scope of specified federal regulations.
   This bill would specify circumstances under which certified public
accountants and enrolled agents are exempt from, and subject to, the
licensing requirement.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6530 of the Business and Professions Code is
amended to read:
   6530.  (a) On and after January 1, 2009, no person shall act or
hold himself or herself out to the public as a professional fiduciary
unless that person is licensed as a professional fiduciary in
accordance with the provisions of this chapter.
   (b) This section does not apply to a person licensed as an
attorney under the State Bar Act (Chapter 4 (commencing with Section
6000)).
   (c) This section does not apply to a person licensed as, and
acting within the scope of practice of, a certified public accountant
pursuant to Chapter 1 (commencing with Section 5000) of Division 3
 , and who also   provides ancillary fiduciary services
to clients, e   xcept to the extent that the person is
holding himself or herself out as a professional fiduciary  .
   (d) This section does not apply to a person enrolled as  , and
acting within the scope of practice of,  an agent to practice
before the Internal Revenue Service  who is acting within the
scope of practice pursuant to   , within the meaning of
sub   section   (c) of Section 10   .3
  of  Part 10 of Title 31 of the Code of Federal
Regulations  , and who also provides ancillary fiduciary services
to clients, except to the extent that the person is holding himself
or herself out as a professional fiduciary  .