BILL NUMBER: AB 1005 CHAPTERED
BILL TEXT
CHAPTER 378
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 1, 2009
PASSED THE ASSEMBLY SEPTEMBER 3, 2009
AMENDED IN SENATE JULY 16, 2009
AMENDED IN SENATE JULY 8, 2009
AMENDED IN ASSEMBLY APRIL 30, 2009
AMENDED IN ASSEMBLY APRIL 20, 2009
INTRODUCED BY Assembly Member Block
FEBRUARY 27, 2009
An act to add Sections 5017.1, 5017.5, and 5103.5 to the Business
and Professions Code, relating to accountants.
LEGISLATIVE COUNSEL'S DIGEST
AB 1005, Block. California Board of Accountancy.
Existing law provides for the licensure and regulation of
accountants by the California Board of Accountancy. Existing law sets
forth the duties of the board in that regard, and requires all board
meetings to be open and public. Existing law authorizes the board to
receive and investigate complaints against an accountant licensee or
any person acting as an accountant without a license.
This bill would require the board to post the finalized minutes
from those board meetings on its Internet Web site within a specified
time period. The bill would also require the board to provide a live
audio or video broadcast, on its Internet Web site, of its board
meetings and would specify that a technical failure prohibiting a
live broadcast would not prohibit the board from meeting and taking
actions. The bill would require the posted minutes and broadcasts or
a link to the minutes or broadcasts to remain on the Internet Web
site for at least 3 years. The bill would also require the board to
post on its Internet Web site notice of all formal accusations filed
by the board against a licensee, as specified, and would require the
notice to contain a link where a person may request, among other
things, a copy of the formal accusation and alleged violations. The
bill would require the board to develop and provide a statement, as
specified, that informs any person requesting or receiving a copy of
an accusation that these allegations are not a final determination of
wrongdoing and are subject to specified adjudication and final
review.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5017.1 is added to the Business and
Professions Code, to read:
5017.1. The board shall post, within 10 days of board approval,
the finalized minutes from meetings of the board that are open and
public pursuant to Section 5017 on the board's Internet Web site. The
minutes shall remain on the board's Internet Web site for at least
three years. Providing a link on the Internet Web site to the minutes
shall satisfy this requirement.
SEC. 2. Section 5017.5 is added to the Business and Professions
Code, to read:
5017.5. (a) The board shall provide a live audio or video
broadcast, on its Internet Web site, of each of its board meetings
that are open and public.
(b) (1) If technical failure prevents the board from providing a
live broadcast as specified in subdivision (a), that failure shall
not constitute a violation of this section if the board exercised
reasonable diligence in providing a live broadcast.
(2) Failure to provide a live broadcast of its board meetings due
to technical failure shall not prohibit the board from meeting and
taking actions.
(c) The recording of the live audio or video broadcast shall
remain on the Internet Web site for at least three years. Providing a
link on the Internet Web site to the recording of the live audio or
video broadcast shall satisfy this requirement.
SEC. 3. Section 5103.5 is added to the Business and Professions
Code, to read:
5103.5. (a) The board shall post on its Internet Web site, in an
easily marked and identifiable location, notice of all formal
accusations. The notice of any formal accusation shall contain a link
to where a person may request and have sent to him or her a copy of
the formal accusation, and the basis for the accusation and alleged
violations filed by the board against a licensee.
(b) The link to where a person may request and have sent to him or
her a copy of the formal accusation shall be clearly and
conspicuously located on the same Internet Web site page on which the
notice is posted and shall authorize a person to request and receive
the information described in subdivision (a) by regular mail or
electronic mail.
(c) The board shall develop a statement that informs any person
requesting a copy of a formal accusation and any person receiving a
copy of a formal accusation that any allegations contained in the
accusation are not a final determination of wrongdoing and are
subject to adjudication and final review by the board pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
This statement shall be provided to a person requesting and receiving
a copy of a formal accusation in a manner to be determined by the
board.