BILL NUMBER: SB 1405 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 10, 2012
INTRODUCED BY Senator De León
FEBRUARY 24, 2012
An act to add Section 5135 Sections 5058.4
and 5070.2 to the Business and Professions Code, relating to
accountancy.
LEGISLATIVE COUNSEL'S DIGEST
SB 1405, as amended, De León. Accountancy: renewal
exemption: military service.
service: inactive status.
Existing law provides for the regulation of various professions
and vocations by boards within the Department of Consumer Affairs and
for the licensure of individuals in that regard. Existing law
authorizes any licensee whose license expired while he or she was on
active duty as a member of the California National Guard or the
United States Armed Forces to reinstate his or her license without
examination or penalty if certain requirements are met. Existing law
provides for the licensure and regulation of the practice of
accountancy by the California Board of Accountancy. A permit issued
to a certified public accountant or a public accountant is subject to
a biennial renewal fee. Existing law also imposes certain
continuing education and peer review requirements on persons licensed
by the board. Existing law makes violation of certain
provisions governing accountants a crime.
This bill , beginning January 1, 2014, would
instead provide a specific exemption from the biennial renewal fee
for authorize a certified public accountant or a
public accountant to apply to the board to have his or her
permit placed in a military inactive status while he or she is
engaged in full-time training or active military service
active duty as a member of the California National
Guard or the United States Armed Forces, and would exempt a person
granted that status from paying the biennial renewal fee or
participating in continuing education and peer review activities
. The bill would prohibit the holder of an exempt
permit a person in military exempt status from
engaging in the practice of public accountancy and would impose
various other requirements . The bill would thereby change
the definition of a crime and impose a state-mandated local program.
The bill would make the holder of an exempt permit
liable for payment of require a person in military
exempt status to pay the biennial renewal fee and to meet
continuing education and peer review requirements
within a specified period after his or her discharge from
full-time training or active military service active
duty .
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5135 is added to the
Business and Professions Code, to read:
5135. (a) Notwithstanding Section 114 or any other provision of
law, the holder of a permit issued to a certified public accountant
or a public accountant shall be exempt from the biennial renewal fee
described in Section 5134 while the permitholder is engaged in
full-time training or active service in the United States Army, Navy,
Air Force, or Marine Corps.
(b) The holder of a permit exempt from the biennial renewal fee
pursuant to subdivision (a) shall not engage in the practice of
public accountancy.
(c) An exempt permitholder shall become liable for payment of the
biennial renewal fee upon his or her discharge from full-time
training or active service and shall have 60 days after his or her
discharge date to pay the biennial renewal fee before the delinquency
fee is required. Any person who is discharged from full-time
training or active service within 60 days of the end of a renewal
period is exempt from the payment of the renewal fee for that period.
(d) The time spent in full-time training or active service shall
not be included in the computation of the five-year period for
renewal or reinstatement of licensure as provided in Sections 5070.6
and 5070.7.
SECTION 1. Section 5058.4 is added to the
Business and Professions Code , to read:
5058.4. The holder of a permit in a military inactive status
issued by the board pursuant to Section 5070.2, when lawfully using
the title "certified public accountant," the CPA designation, or any
other reference that would suggest that the person is licensed by the
board, on materials such as correspondence, Internet Web sites,
business cards, nameplates, or name plaques, shall place the term
"military inactive" immediately after that title, designation, or
reference.
SEC. 2. Section 5070.2 is added to the
Business and Professions Code , to read:
5070.2. (a) (1) Beginning January 1, 2014, a holder of a permit
may apply to have his or her permit placed in a military inactive
status if the holder of a permit is engaged in, and provides
sufficient evidence of, active duty as a member of the California
National Guard or the United States Armed Forces.
(2) The board shall deny an applicant's application for a military
inactive status permit if the permit issued pursuant to Section 5070
is canceled or if it is suspended, revoked, or otherwise punitively
restricted by the board or subject to disciplinary action under this
chapter.
(b) No holder of a permit in a military inactive status shall
engage in any activity for which a permit is required.
(c) The holder of a permit in a military inactive status shall be
exempt from all of the following:
(1) Payment of the biennial renewal fee described in subdivision
(f) of Section 5134.
(2) The continuing education requirements of Section 5027.
(3) The peer review requirements of Section 5076.
(d) In order to convert a permit status from military inactive
status prior to discharge from active duty as a member of the
California National Guard or the United States Armed Forces, the
holder of a permit in a military inactive status shall comply with
all of the following requirements:
(1) Pay the current biennial renewal fee described in subdivision
(f) of Section 5134.
(2) Meet continuing education requirements as prescribed by the
board.
(3) Meet the peer review requirements as prescribed by the board.
(e) The holder of a permit in a military inactive status shall,
within one year from his or her discharge from active duty as a
member of the California National Guard or the United States Armed
Forces, comply with all of the following requirements:
(1) Provide evidence to the board of the discharge date.
(2) Pay the current biennial renewal fee described in subdivision
(f) of Section 5134.
(3) Meet continuing education requirements as prescribed by the
board.
(4) Meet the peer review requirements as prescribed by the board.
(f) The board may adopt regulations as necessary to administer
this section.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.