Bill Text: CA AB1521 | 2019-2020 | Regular Session | Chaptered
Bill Title: Accountancy: California Board of Accountancy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-09-27 - Chaptered by Secretary of State - Chapter 359, Statutes of 2019. [AB1521 Detail]
Download: California-2019-AB1521-Chaptered.html
Assembly Bill
No. 1521
CHAPTER 359
An act to amend Sections 480, 5000, 5008, 5015.6, 5070, 5070.1, 5070.2, 5070.5, 5070.6, 5073, 5096, 5096.12, 5100.1, 5134, 5151, and 5152.1 of, and to add Section 5100.2 to, the Business and Professions Code, relating to professions and vocations.
[
Approved by
Governor
September 27, 2019.
Filed with
Secretary of State
September 27, 2019.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 1521, Low.
Accountancy: California Board of Accountancy.
(1) Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law establishes the California Board of Accountancy, which is within the Department of Consumer Affairs, and requires the board to license and regulate accountants in this state.
Existing law, operative on July 1, 2020, authorizes a board within the Department of Consumer Affairs to deny a license on grounds that the applicant has been convicted of a crime or has been subject to formal discipline only if specified conditions are met. These conditions include if the applicant has been convicted of a crime within the preceding 7 years from the date of application that is substantially related to the qualifications, functions, or duties of the business or profession for
which the application is made, and for which the applicant is incarcerated or released from incarceration. Under existing law, the 7-year limitation does not apply if the applicant was, among other conditions, convicted of a financial crime currently classified as a felony that is directly related to the fiduciary qualifications for specified licenses, including for applicants seeking licensure as accountants, pursuant to specified provisions.
This bill would remove the specific inclusion of applicants seeking licensure as accountants from those latter provisions regarding denial of a license. The bill, operative on July 1, 2020, in addition to those general grounds for denial of a license, would authorize the California Board of Accountancy to deny an applicant for a license if the applicant was convicted of a financial crime currently classified as a felony that is directly and adversely related to the qualifications, functions, or duties of a certified public
accountant, per regulations adopted by the board. The bill would specify that the 7-year limitation described above would not apply in these cases. The bill would also authorize the board to deny an applicant for a license if the applicant, within the preceding 7 years from the application date, was subjected to disciplinary action by a federal government agency, specific oversight board, or another country for an act substantially related to the functions, qualifications, or duties of a certified public accountant.
(2) Existing law authorizes the California Board of Accountancy to appoint a person designated as an executive officer who is required to exercise various powers and perform various duties as delegated by the board. Existing law repeals these provisions on January 1, 2020.
This bill would extend the operation of the board and its authorization to designate an executive officer to January 1,
2024. The bill would also make various nonsubstantive changes.
(3) Existing law requires the California Board of Accountancy, not less than twice each year, to prepare and distribute to all licensees a report of the activities of the board, including amendments to the accountancy provisions and regulations, and matters of interest to the public and practitioners.
This bill would authorize the board to meet this requirement by distributing these materials via email or making them available on the board’s internet website.
(4) Under existing law, the board may collect, but cannot require, a valid email address from each applicant at the time of application for a certified public accountant license. Existing law authorizes the board to establish, by regulation, a system for placing a licensee into a retired status, for certified public
accountants and public accountants who are not actively engaged in practice. Existing law further authorizes a holder of a permit to engage in practice as a certified public accountant or public accountant to have their permit placed in a military inactive status, as specified.
This bill would require an applicant who has a valid email address to report that email to the board at the time of application or registration in any of the above circumstances.
(5) Existing law specifies the conditions in which a permit issued to a certified public accountant or a public accountant expires if it is not renewed, subject to specified fees. Under existing law, the board may collect, but not require, a valid email address from the applicant on the renewal form for an unexpired permit.
This bill would instead require each applicant for renewal who has a valid email address
to report that email to the board on the renewal form. The bill would also require each permitholder with a valid email address, on or before July 1, 2020, to provide the board with that email address. The bill would require a permitholder to notify the board within 30 days of any change to their email address on file with the board and would permit the board to periodically require permitholders to confirm that their email address on file with the board is current. This bill would also establish a minimum biennial fee for the renewal of public accountancy permits at $250, and would raise the maximum for those fees from $250 to $280.
(6) Existing law authorizes an expired permit, except as otherwise provided, to be renewed at any time within 5 years after its expiration upon filing an application for renewal on a form prescribed by the board, payment of all accrued and unpaid renewal fees, and providing evidence satisfactory to the board of
compliance, as specified.
This bill would require an applicant, if that applicant has a valid email address at the time of application, to provide that email address to the board.
(7) Existing law establishes a procedure to apply for registration of a partnership to practice public accountancy.
This bill would require the partnership, if it has a valid email address at the time of registration, to provide that email address to the board.
(8) Existing law also establishes a procedure to allow an individual whose principal place of business is not in California and who has a valid and current license, certificate, or permit to practice public accountancy from another state to engage in practice in California. Under existing law, an individual who is required to cease practice because of
disciplinary action, conviction of certain crimes, or other specified reasons cannot practice public accountancy until notifying the board, on a form prescribed by the board, and receiving written permission from the board.
This bill would require an individual who has a valid email address to provide that address to the board at the time of notification.
(9) Under existing law, a certified public accounting firm that is authorized to practice in another state and that does not have an office in California may engage in the practice of public accountancy in California through the holder of a practice privilege if specified conditions are met. Existing law requires a firm that provides certain services, including an audit or review of a financial statement for an entity headquartered in California or a compilation of a financial statement under specified circumstances, to obtain a registration from the
board.
This bill would require the firm, if it has a valid email address at the time of registration, to provide that email address to the board.
(10) Existing law requires an applicant for registration as an accountancy corporation to supply the board with all necessary and pertinent documents and information requested by the board concerning the applicant’s plan of operation. Existing law requires the board, if it finds that the corporation is duly organized and qualified for the transaction of business and has paid the registration fee, to issue a certificate of registration. Existing law also requires each accountancy corporation to renew its permit to practice biennially and to pay the renewal fee fixed by the board.
This bill would require a corporation that has a valid email address to provide that email address to the board at the time of application
or renewal.
(11) This bill would incorporate additional changes to Section 480 of the Business and Professions Code, as added by Section 4 of Chapter 995 of the Statutes of 2018, proposed by AB 1076 to be operative only if this bill and AB 1076 are enacted and this bill is enacted last.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 480 of the Business and Professions Code, as added by Section 4 of Chapter 995 of the Statutes of 2018, is amended to read:480.
(a) Notwithstanding any other provision of this code, a board may deny a license regulated by this code on the grounds that the applicant has been convicted of a crime or has been subject to formal discipline only if either of the following conditions are met:(1) The applicant has been convicted of a crime within the preceding seven years from the date of application that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, regardless of whether the applicant was incarcerated for that crime, or the applicant has been convicted of a crime that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made and for which
the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding seven years from the date of application. However, the preceding seven-year limitation shall not apply in either of the following situations:
(A) The applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal Code or a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code.
(B) The applicant was convicted of a financial crime currently classified as a felony that is directly and adversely related to the fiduciary qualifications, functions, or duties of the business or profession for which the application is made, pursuant to regulations adopted by the board, and for which the applicant is seeking licensure under any of the following:
(i) Chapter 6 (commencing with Section 6500) of Division 3.
(ii) Chapter 9 (commencing with Section 7000) of Division 3.
(iii) Chapter 11.3 (commencing with Section 7512) of Division 3.
(iv) Licensure as a funeral director or cemetery manager under Chapter 12 (commencing with Section 7600) of Division 3.
(v) Division 4 (commencing with Section 10000).
(2) The applicant has been subjected to formal discipline by a licensing board in or outside California within the preceding seven years from the date of application based on professional misconduct that would have been cause for discipline before the board for which the present
application is made and that is substantially related to the qualifications, functions, or duties of the business or profession for which the present application is made. However, prior disciplinary action by a licensing board within the preceding seven years shall not be the basis for denial of a license if the basis for that disciplinary action was a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.42 of the Penal Code or a comparable dismissal or expungement.
(b) Notwithstanding any other provision of this code, a person shall not be denied a license on the basis that the person has been convicted of a crime, or on the basis of acts underlying a conviction for a crime, if that person has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, has been granted clemency or a pardon by a state or federal executive, or has made a
showing of rehabilitation pursuant to Section 482.
(c) Notwithstanding any other provision of this code, a person shall not be denied a license on the basis of any conviction, or on the basis of the acts underlying the conviction, that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.42 of the Penal Code, or a comparable dismissal or expungement. An applicant who has a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.42 of the Penal Code shall provide proof of the dismissal if it is not reflected on the report furnished by the Department of Justice.
(d) Notwithstanding any other provision of this code, a board shall not deny a license on the basis of an arrest that resulted in a disposition other than a conviction, including an arrest that resulted in an infraction, citation, or a juvenile adjudication.
(e) A board may deny a license regulated by this code on the ground that the applicant knowingly made a false statement of fact that is required to be revealed in the application for the license. A board shall not deny a license based solely on an applicant’s failure to disclose a fact that would not have been cause for denial of the license had it been disclosed.
(f) A board shall follow the following procedures in requesting or acting on an applicant’s criminal history information:
(1) A board issuing a license pursuant to Chapter 3 (commencing with Section 5500), Chapter 3.5 (commencing with Section 5615), Chapter 10 (commencing with Section 7301), Chapter 20 (commencing with Section 9800), or Chapter 20.3 (commencing with Section 9880), of Division 3, or Chapter 3 (commencing with Section 19000) or Chapter 3.1
(commencing with Section 19225) of Division 8 may require applicants for licensure under those chapters to disclose criminal conviction history on an application for licensure.
(2) Except as provided in paragraph (1), a board shall not require an applicant for licensure to disclose any information or documentation regarding the applicant’s criminal history. However, a board may request mitigating information from an applicant regarding the applicant’s criminal history for purposes of determining substantial relation or demonstrating evidence of rehabilitation, provided that the applicant is informed that disclosure is voluntary and that the applicant’s decision not to disclose any information shall not be a factor in a board’s decision to grant or deny an application for licensure.
(3) If a board decides to deny an application for licensure based solely or in part on the
applicant’s conviction history, the board shall notify the applicant in writing of all of the following:
(A) The denial or disqualification of licensure.
(B) Any existing procedure the board has for the applicant to challenge the decision or to request reconsideration.
(C) That the applicant has the right to appeal the board’s decision.
(D) The processes for the applicant to request a copy of the applicant’s complete conviction history and question the accuracy or completeness of the record pursuant to Sections 11122 to 11127 of the Penal Code.
(g) (1) For a minimum of three years, each board under this code shall retain application forms and other documents submitted
by an applicant, any notice provided to an applicant, all other communications received from and provided to an applicant, and criminal history reports of an applicant.
(2) Each board under this code shall retain the number of applications received for each license and the number of applications requiring inquiries regarding criminal history. In addition, each licensing authority shall retain all of the following information:
(A) The number of applicants with a criminal record who received notice of denial or disqualification of licensure.
(B) The number of applicants with a criminal record who provided evidence of mitigation or rehabilitation.
(C) The number of applicants with a criminal record who appealed any denial or disqualification of
licensure.
(D) The final disposition and demographic information, consisting of voluntarily provided information on race or gender, of any applicant described in subparagraph (A), (B), or (C).
(3) (A) Each board under this code shall annually make available to the public through the board’s internet website and through a report submitted to the appropriate policy committees of the Legislature deidentified information collected pursuant to this subdivision. Each board shall ensure confidentiality of the individual applicants.
(B) A report pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
(h) “Conviction” as used in this section shall have the same meaning as defined in Section
7.5.
(i) This section does not in any way modify or otherwise affect the existing authority of the following entities in regard to licensure:
(1) The State Athletic Commission.
(2) The Bureau for Private Postsecondary Education.
(3) The California Horse Racing Board.
(j) This section shall become operative on July 1, 2020.
SEC. 1.5.
Section 480 of the Business and Professions Code, as added by Section 4 of Chapter 995 of the Statutes of 2018, is amended to read:480.
(a) Notwithstanding any other provision of this code, a board may deny a license regulated by this code on the grounds that the applicant has been convicted of a crime or has been subject to formal discipline only if either of the following conditions are met:(1) The applicant has been convicted of a crime within the preceding seven years from the date of application that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, regardless of whether the applicant was incarcerated for that crime, or the applicant has been convicted of a crime that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made and for which
the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding seven years from the date of application. However, the preceding seven-year limitation shall not apply in either of the following situations:
(A) The applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal Code or a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code.
(B) The applicant was convicted of a financial crime currently classified as a felony that is directly and adversely related to the fiduciary qualifications, functions, or duties of the business or profession for which the application is made, pursuant to regulations adopted by the board, and for which the applicant is seeking licensure under any of the following:
(i) Chapter 6 (commencing with Section 6500) of Division 3.
(ii) Chapter 9 (commencing with Section 7000) of Division 3.
(iii) Chapter 11.3 (commencing with
Section 7512) of Division 3.
(iv) Licensure as a funeral director or cemetery manager under Chapter 12 (commencing with Section 7600) of Division 3.
(v) Division 4 (commencing with Section 10000).
(2) The applicant has been subjected to formal discipline by a licensing
board in or outside California within the preceding seven years from the date of application based on professional misconduct that would have been cause for discipline before the board for which the present application is made and that is substantially related to the qualifications, functions, or duties of the business or profession for which the present application is made. However, prior disciplinary action by a licensing board within the preceding seven years shall not be the basis for denial of a license if the basis for that disciplinary action was a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.425 of the Penal Code or a comparable dismissal or expungement.
(b) Notwithstanding any other
provision of this code, a person shall not be denied a license on the basis that
the person has been convicted of a crime, or on the basis of acts underlying a conviction for a crime, if that person has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, has been granted clemency or a pardon by a state or federal executive, or has made a showing of rehabilitation pursuant to Section 482.
(c) Notwithstanding any other provision of this code, a person shall not be denied a license on the basis of any conviction, or on the basis of the acts underlying the conviction, that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41,
1203.42, or 1203.425 of the Penal Code, or a comparable dismissal or expungement. An applicant who has a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.425 of the Penal Code shall provide proof of the dismissal if it is not reflected on the report furnished by the Department of Justice.
(d) Notwithstanding any other provision of this code, a board shall not deny a license on the basis of an arrest that resulted in a disposition other than a conviction, including an arrest that resulted in an infraction, citation, or a juvenile adjudication.
(e) A board may deny a license regulated by this code
on the ground that the applicant knowingly made a false statement of fact that is required to be revealed in the application for the license. A board shall not deny a license based solely on an applicant’s failure to disclose a fact that would not have been cause for denial of the license had it been disclosed.
(f) A board shall follow the following procedures in requesting or acting on an applicant’s criminal history information:
(1) A board issuing a license pursuant to Chapter 3 (commencing with Section 5500), Chapter 3.5 (commencing with Section 5615), Chapter 10 (commencing with Section 7301), Chapter 20 (commencing with Section 9800), or Chapter 20.3 (commencing with Section 9880), of Division 3, or Chapter 3 (commencing with Section 19000) or Chapter 3.1 (commencing with Section 19225) of Division 8 may require applicants for licensure under those chapters to disclose
criminal conviction history on an application for licensure.
(2) Except as provided in paragraph (1), a board shall not require an applicant for licensure to disclose any information or documentation regarding the applicant’s criminal history. However, a board may request mitigating information from an applicant regarding the applicant’s criminal history for purposes of determining substantial relation or demonstrating evidence of rehabilitation, provided that the applicant is informed that disclosure is voluntary and that the applicant’s decision not to disclose any information shall not be a factor in a board’s decision to grant or deny an application for licensure.
(3) If a board decides to deny an application for licensure based solely or in part on the applicant’s conviction history, the board shall notify the applicant in writing of all of the following:
(A) The denial or disqualification of licensure.
(B) Any existing procedure the board has for the applicant to challenge the decision or to request reconsideration.
(C) That the applicant has the right to appeal the board’s decision.
(D) The processes for the applicant to request a copy of the applicant’s complete conviction history and question the accuracy or completeness of the record pursuant to Sections 11122 to 11127 of the Penal Code.
(g) (1) For a minimum of three
years, each board under this code shall retain application forms and other documents submitted by an applicant, any notice provided to an applicant, all other communications received from and provided to an applicant, and criminal history reports of an applicant.
(2) Each board under this code shall retain the number of applications received for each license and the number of applications requiring inquiries regarding criminal history. In addition, each licensing authority shall retain all of the following information:
(A) The number of applicants with a criminal record who received notice of denial or disqualification of licensure.
(B) The number of applicants with a criminal record who provided evidence of mitigation or rehabilitation.
(C) The number
of applicants with a criminal record who appealed any denial or disqualification of licensure.
(D) The final disposition and demographic information, consisting of voluntarily provided information on race or gender, of any applicant described in subparagraph (A), (B), or (C).
(3) (A) Each board under this code shall annually make available to the public through the board’s
internet website and through a report submitted to the appropriate policy committees of the Legislature deidentified information collected pursuant to this subdivision. Each board shall ensure confidentiality of the individual applicants.
(B) A report pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
(h) “Conviction” as used in this section shall have the same meaning as defined in Section 7.5.
(i) This section does not in any way modify or otherwise affect the existing authority of the following entities in regard to licensure:
(1) The State Athletic Commission.
(2) The Bureau for Private
Postsecondary Education.
(3) The California Horse Racing Board.
(j) This section shall become operative on July 1, 2020.
SEC. 2.
Section 5000 of the Business and Professions Code is amended to read:5000.
(a) There is in the Department of Consumer Affairs the California Board of Accountancy, which consists of 15 members, 7 of whom shall be licensees, and 8 of whom shall be public members who shall not be licentiates of the board or registered by the board. The board has the powers and duties conferred by this chapter.(b) The Governor shall appoint four of the public members, and the seven licensee members as provided in this section. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint two public members. In appointing the seven licensee members, the Governor shall appoint individuals representing a cross section of the accounting profession.
(c) This section
shall remain in effect only until January 1, 2024, and as of that date is repealed.
(d) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. However, the review of the board shall be limited to reports or studies specified in this chapter and those issues identified by the appropriate policy committees of the Legislature and the board regarding the implementation of new licensing requirements.
SEC. 3.
Section 5008 of the Business and Professions Code is amended to read:5008.
The board shall, from time to time, but not less than twice each year, prepare and distribute to all licensees, a report of the activities of the board, including amendments to this chapter and regulations adopted by the board, and may likewise distribute reports of other matters of interest to the public and to practitioners. The board may meet this requirement by electronically distributing these materials via email or making them available on the board’s internet website.SEC. 4.
Section 5015.6 of the Business and Professions Code is amended to read:5015.6.
The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 5.
Section 5070 of the Business and Professions Code is amended to read:5070.
(a) Permits to engage in the practice of public accountancy in this state shall be issued by the board only to holders of the certificate of certified public accountant issued under this chapter and to those partnerships, corporations, and other persons who, upon application approved by the board, are registered with the board under this chapter. Notwithstanding any other law, the board may register an entity organized and authorized to practice public accountancy under the laws of another state for the purpose of allowing that entity to satisfy the registration requirement set forth in Section 5096.12, if (1) the certified public accountants providing services in California qualify for the practice privilege, and (2) the entity satisfies all other requirements to register in this state, other than its form of legal organization.(b) All applicants for registration shall furnish satisfactory evidence that the applicant is entitled to registration and shall pay the fee as provided in Article 8 (commencing with Section 5130). Every partnership, corporation, and other person to whom a permit is issued shall, in addition to any other fee that may be payable, pay the initial permit fee provided in Article 8 (commencing with Section 5130).
(c) Each applicant who has a valid email address shall report to the board that email address at the time of application or registration. In the interest of protecting an applicant’s privacy, the email address shall not be considered a public record and shall not be disclosed pursuant to Section 27 or pursuant to a request under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), unless
required pursuant to a court order by a court of competent jurisdiction.
(d) Each partnership, corporation, and other person issued a permit by the board to practice as a certified public accountant or as a public accountant shall be furnished with a suitable certificate evidencing that registration.
SEC. 6.
Section 5070.1 of the Business and Professions Code is amended to read:5070.1.
(a) The board may establish, by regulation, a system for the placement of a license into a retired status, upon application, for certified public accountants and public accountants who are not actively engaged in the practice of public accountancy or any activity that requires them to be licensed by the board.(b) No licensee with a license in a retired status shall engage in any activity for which a permit is required.
(c) The board shall deny an applicant’s application to place a license in a retired status if the permit is subject to an outstanding order of the board, is suspended, revoked, or otherwise punitively restricted by the board, or is subject to disciplinary action under this chapter.
(d) (1) The holder of a license that was canceled pursuant to Section 5070.7 may apply for the placement of that license in a retired status pursuant to subdivision (a).
(2) Upon approval of an application made pursuant to paragraph (1), the board shall reissue that license in a retired status.
(3) The holder of a canceled license that was placed in retired status between January 1, 1994, and January 1, 1999, inclusive, shall not be required to meet the qualifications established pursuant to subdivision (e), but shall be subject to all other requirements of this section.
(e) The board shall establish minimum qualifications to place a license in retired status.
(f) The
board may exempt the holder of a license in a retired status from the renewal requirements described in Section 5070.5.
(g) The board shall establish minimum qualifications for the restoration of a license in a retired status to an active status. These minimum qualifications shall include, but are not limited to, continuing education and payment of a fee as provided in subdivision (h) of Section 5134.
(h) The board shall not restore to active or inactive status a license that was canceled by operation of law, pursuant to subdivision (a) of Section 5070.7, and then placed into retired status pursuant to subdivision (d). The individual shall instead apply for a new license, as described in subdivision (c) of Section 5070.7, in order to restore the individual’s license.
(i) At the time of application, if the applicant
has a valid email address, the applicant shall provide that email address to the board.
SEC. 7.
Section 5070.2 of the Business and Professions Code is amended to read:5070.2.
(a) (1) Beginning January 1, 2014, a holder of a permit may apply to have the holder’s 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. At the time of application, if the applicant has a valid email address, the applicant shall provide that email address to the board.
(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 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. 8.
Section 5070.5 of the Business and Professions Code is amended to read:5070.5.
(a) (1) A permit issued under this chapter to a certified public accountant or a public accountant expires at 12 midnight on the last day of the month of the legal birthday of the licensee during the second year of a two-year term if not renewed.(2) To renew an unexpired permit, a permitholder shall, before the time at which the permit would otherwise expire, apply for renewal on a form prescribed by the board, pay the renewal fee prescribed by this chapter, and give evidence satisfactory to the board that the permitholder has complied with the continuing education provisions of this chapter.
(3) Each applicant for renewal who has a valid email address shall report that email
address to the board on the renewal form described in paragraph (1). In the interest of protecting an applicant’s privacy, the electronic mail address shall not be considered a public record and shall not be disclosed pursuant to Section 27 or pursuant to a request under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), unless required pursuant to a court order by a court of competent jurisdiction.
(b) A permit to practice as an accountancy partnership or an accountancy corporation expires at 12 midnight on the last day of the month in which the permit was initially issued during the second year of a two-year term if not renewed. To renew an unexpired permit, the permitholder shall, before the time at which the permit would otherwise expire, apply for renewal on a form prescribed by the board, pay the renewal fee prescribed by this chapter, and provide evidence
satisfactory to the board that the accountancy partnership or accountancy corporation is in compliance with this chapter.
(c) On or before July 1, 2020, each permitholder who has a valid email address shall provide that email address to the board.
(d) A permitholder shall notify the board within 30 days of any change to their email address on file with the board. The board may periodically, as it determines necessary, require permitholders to confirm that their email address on file with the board is current.
SEC. 9.
Section 5070.6 of the Business and Professions Code is amended to read:5070.6.
Except as otherwise provided in this chapter, an expired permit may be renewed at any time within five years after its expiration upon the filing of an application for renewal on a form prescribed by the board, payment of all accrued and unpaid renewal fees and providing evidence satisfactory to the board of compliance as required by Section 5070.5. At the time of application, if the applicant has a valid email address, the applicant shall provide that address to the board. If the permit is renewed after its expiration, its holder, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which the accrued renewal fees are paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the permit shall continue in effect through the date provided in Section 5070.5 that next occurs after the effective date of the renewal, when it shall expire if it is not again renewed.SEC. 10.
Section 5073 of the Business and Professions Code is amended to read:5073.
(a) Application for registration of a partnership shall be made upon a form prescribed by the board. At the time of registration, if the partnership has a valid email address, the partnership shall provide that email address to the board. The board shall in each case determine whether the applicant is eligible for registration.(b) A partnership that is so registered and that holds a valid permit issued under this article and that has at least one general partner who is licensed to practice using the designation “certified public accountant” or the abbreviation “C.P.A.” and one additional licensed person may use the words “certified public accountants” or the abbreviation “C.P.A.s” in connection with its partnership name.
(c) A partnership that is so registered and that holds a valid permit issued under this article and that has at least one general partner who is licensed to practice using the designation “public accountant” or the abbreviation “P.A.” and one additional licensed person may use the words “public accountants” or the abbreviation “P.A.s” in connection with its partnership name.
(d) Notification shall be given to the board within one month after the admission to, or withdrawal of, a partner from any partnership so registered.
(e) Any registration of a partnership under this section granted in reliance upon Sections 5087 and 5088 shall terminate forthwith if the board rejects the application under Sections 5087 and 5088 of the general partner who signed the application for registration as a partnership, or any partner
personally engaged in the practice of public accountancy in this state, or any resident manager of a partnership in charge of an office in this state.
SEC. 11.
Section 5096 of the Business and Professions Code is amended to read:5096.
(a) An individual whose principal place of business is not in this state and who has a valid and current license, certificate, or permit to practice public accountancy from another state may, subject to the conditions and limitations in this article, engage in the practice of public accountancy in this state under a practice privilege without obtaining a certificate or license under this chapter if the individual satisfies one of the following:(1) The individual has continually practiced public accountancy as a certified public accountant under a valid license issued by any state for at least 4 of the last 10 years.
(2) The individual has a license, certificate, or permit from a state that has been
determined by the board to have education, examination, and experience qualifications for licensure substantially equivalent to this state’s qualifications under Section 5093.
(3) The individual possesses education, examination, and experience qualifications for licensure that have been determined by the board to be substantially equivalent to this state’s qualifications under Section 5093.
(b) The board may designate states as substantially equivalent under paragraph (2) of subdivision (a) and may accept individual qualification evaluations or appraisals conducted by designated entities, as satisfying the requirements of paragraph (3) of subdivision (a).
(c) An individual who qualifies for the practice privilege under this section may engage in the practice of public accountancy in this state, and a notice, fee, or
other requirement shall not be imposed on that individual by the board.
(d) An individual who qualifies for the practice privilege under this section may perform the following services only through a firm of certified public accountants that has obtained a registration from the board pursuant to Section 5096.12:
(1) An audit or review of a financial statement for an entity headquartered in California.
(2) A compilation of a financial statement when that person expects, or reasonably might expect, that a third party will use the financial statement and the compilation report does not disclose a lack of independence for an entity headquartered in California.
(3) An examination of prospective financial information for an entity headquartered in
California.
(e) An individual who holds a practice privilege under this article, and is exercising the practice privilege in California:
(1) Is subject to the personal and subject matter jurisdiction and disciplinary authority of the board and the courts of this state.
(2) Shall comply with the provisions of this chapter, board regulations, and other laws, regulations, and professional standards applicable to the practice of public accountancy by the licensees of this state and to any other laws and regulations applicable to individuals practicing under practice privileges in this state, except the individual is deemed, solely for the purpose of this article, to have met the continuing education requirements and ethics examination requirements of this state when the individual has met the examination and continuing
education requirements of the state in which the individual holds the valid license, certificate, or permit on which the substantial equivalency is based.
(3) Shall not provide public accountancy services in this state from any office located in this state, except as an employee of a firm registered in this state. This paragraph does not apply to public accountancy services provided to a client at the client’s place of business or residence.
(4) Is deemed to have appointed the regulatory agency of the state that issued the individual’s certificate, license, or permit upon which substantial equivalency is based as the individual’s agent on whom notices, subpoenas, or other process may be served in any action or proceeding by the board against the individual.
(5) Shall cooperate with any board investigation or inquiry
and shall timely respond to a board investigation, inquiry, request, notice, demand, or subpoena for information or documents and timely provide to the board the identified information and documents.
(6) Shall cease exercising the practice privilege in this state if the regulatory agency in the state in which the individual’s certificate, license, or permit was issued takes disciplinary action resulting in the suspension or revocation, including stayed suspension, stayed revocation, or probation of the individual’s certificate, license, or permit, or takes other disciplinary action against the individual’s certificate, license, or permit that arises from any of the following:
(A) Gross negligence, recklessness, or intentional wrongdoing relating to the practice of public accountancy.
(B) Fraud or misappropriation of
funds.
(C) Preparation, publication, or dissemination of false, fraudulent, or materially incomplete or misleading financial statements, reports, or information.
(7) Shall cease exercising the practice privilege in this state if convicted in any jurisdiction of any crime involving dishonesty, including, but not limited to, embezzlement, theft, misappropriation of funds or property, or obtaining money, property, or other valuable consideration by fraudulent means or false pretenses.
(8) Shall cease exercising the practice privilege if the United States Securities and Exchange Commission or the Public Company Accounting Oversight Board bars the individual from practicing before them.
(9) Shall cease exercising the practice privilege if any governmental
body or agency suspends the right of the individual to practice before the body or agency.
(10) Shall report to the board in writing any pending criminal charges, other than for a minor traffic violation, in any jurisdiction within 30 days of the date the individual has knowledge of those charges.
(f) An individual who is required to cease practice pursuant to paragraphs (6) to (9), inclusive, of subdivision (e) shall notify the board within 15 calendar days, on a form prescribed by the board, and shall not practice public accountancy in this state pursuant to this section until the individual has received from the board written permission to do so.
(g) An individual who fails to cease practice as required by subdivision (e) or who fails to provide the notice required by subdivision (f) shall be subject to the
personal and subject matter jurisdiction and disciplinary authority of the board as if the practice privilege were a license and the individual were a licensee. An individual in violation of subdivision (e) or (f) shall, for a minimum of one year from the date the board learns there has been a violation of subdivision (e) or (f), not practice in this state and shall not have the possibility of reinstatement during that period. If the board determines that the failure to cease practice or provide the notice was intentional, that individual’s practice privilege shall be revoked and there shall be no possibility of reinstatement for a minimum of two years.
(h) The board shall require an individual who provides notice to the board pursuant to subdivision (f) to cease the practice of public accountancy in this state until the board provides the individual with written permission to resume the practice of public accountancy in this state.
(i) (1) An individual to whom, within the last seven years immediately preceding the date on which the individual wishes to practice in this state, any of the following criteria apply, shall notify the board, on a form prescribed by the board, and shall not practice public accountancy in this state pursuant to this section until the board provides the individual with written permission to do so:
(A) The individual has been the subject of any final disciplinary action by the licensing or disciplinary authority of any other jurisdiction with respect to any professional license or has any charges of professional misconduct pending against that individual in any other jurisdiction.
(B) The individual has had their license in another jurisdiction reinstated after a suspension or revocation of the
license.
(C) The individual has been denied issuance or renewal of a professional license or certificate in any other jurisdiction for any reason other than an inadvertent administrative error.
(D) The individual has been convicted of a crime or is subject to pending criminal charges in any jurisdiction other than a minor traffic violation.
(E) The individual has otherwise acquired a disqualifying condition as described in subdivision (a) of Section 5096.2.
(2) An individual who fails to cease practice as required by subdivision (e) or who fails to provide the notice required by paragraph (1) shall be subject to the personal and subject matter jurisdiction and disciplinary authority of the board as if the practice privilege were a license and the
individual were a licensee. An individual in violation of subdivision (e) or paragraph (1) shall, for a minimum of one year from the date the board knows there has been a violation of subdivision (e) or paragraph (1), not practice in this state and shall not have the possibility of reinstatement during that period. If the board determines that the failure to cease practice or provide the notice was intentional, that individual shall be prohibited from practicing in this state in the same manner as if a licensee has that licensee’s practice privilege revoked and there shall be no possibility of reinstatement for a minimum of two years.
(j) At the time of notification pursuant to subdivision (f) or (i), if the individual has a valid email address, that individual shall provide that email address to the board.
SEC. 12.
Section 5096.12 of the Business and Professions Code is amended to read:5096.12.
(a) A certified public accounting firm that is authorized to practice in another state and that does not have an office in this state may engage in the practice of public accountancy in this state through the holder of a practice privilege provided that:(1) The practice of public accountancy by the firm is limited to authorized practice by the holder of the practice privilege.
(2) A firm that engages in practice under this section is deemed to consent to the personal, subject matter, and disciplinary jurisdiction of the board with respect to any practice under this section.
(b) The board may revoke, suspend, issue a fine pursuant to
Article 6.5 (commencing with Section 5116), issue a citation and fine pursuant to Section 125.9, or otherwise restrict or discipline the firm for any act that would be grounds for discipline against a holder of a practice privilege through which the firm practices.
(c) A firm that provides the services described in subdivision (d) of Section 5096 shall obtain a registration from the board. At the time of registration, if the firm has a valid email address, it shall provide that email address to the board.
SEC. 13.
Section 5100.1 of the Business and Professions Code is amended to read:5100.1.
Notwithstanding any other law, in causes for discipline against a licensee under subdivisions (d), (h), or (l) of Section 5100, the board shall rely on the findings or events stated in a certified or true and correct copy of the disciplinary or other action as conclusive evidence for the purpose of determining discipline.SEC. 14.
Section 5100.2 is added to the Business and Professions Code, to read:5100.2.
(a) In addition to the grounds for the denial of a license pursuant to Section 480, the board may deny an applicant for a license if either of the following conditions are met:(1) The applicant was convicted of a financial crime currently classified as a felony that is directly and adversely related to the qualifications, functions, or duties of a certified public accountant, pursuant to regulations adopted by the board. The seven-year limitation as described in paragraph (1) of subdivision (a) of Section 480 shall not apply.
(2) The applicant, within the preceding seven years from the date of application, was subjected to a disciplinary action taken by an agency of the federal
government, the Public Company Accounting Oversight Board, or another country for any act substantially related to the functions, qualifications, or duties of a certified public accountant.
(b) Notwithstanding any other law, in causes for denial of an application for licensure pursuant to paragraph (2) of subdivision (a) of this section, the board shall rely on the findings or events stated in a certified or true and correct copy of the disciplinary or other action as conclusive evidence for purposes of determining whether to deny the application.
(c) This section shall become operative on July 1, 2020.
SEC. 15.
Section 5134 of the Business and Professions Code is amended to read:5134.
The amount of fees prescribed by this chapter is as follows:(a) The fee to be charged to each applicant for the certified public accountant examination shall be fixed by the board at an amount not to exceed six hundred dollars ($600). The board may charge a reexamination fee not to exceed seventy-five dollars ($75) for each part that is subject to reexamination.
(b) The fee to be charged to out-of-state candidates for the certified public accountant examination shall be fixed by the board at an amount not to exceed six hundred dollars ($600) per candidate.
(c) The application fee to be charged to each applicant for issuance of a certified public accountant
certificate shall be fixed by the board at an amount not to exceed two hundred fifty dollars ($250).
(d) The application fee to be charged to each applicant for issuance of a certified public accountant certificate by waiver of examination shall be fixed by the board at an amount not to exceed two hundred fifty dollars ($250).
(e) The fee to be charged to each applicant for registration as a partnership or professional corporation shall be fixed by the board at an amount not to exceed two hundred fifty dollars ($250).
(f) The biennial fee for the renewal of each of the permits to engage in the practice of public accountancy specified in Section 5070 shall not be less than two hundred fifty dollars ($250) and shall not exceed two hundred eighty dollars ($280).
(g) The application fee to be charged to each applicant for a retired status license, as described in Section 5070.1, shall be fixed by the board at an amount not to exceed two hundred fifty dollars ($250).
(h) The application fee to be charged to each applicant for restoration of a license in a retired status to an active status pursuant to subdivision (f) of Section 5070.1 shall be fixed by the board at an amount not to exceed one thousand dollars ($1,000).
(i) The delinquency fee shall be 50 percent of the accrued renewal fee.
(j) The initial permit fee is an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the permit is issued, except that, if the permit is issued one year or less before it will expire, then the initial permit fee is an amount equal
to 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the permit is issued. The board may, by regulation, provide for the waiver or refund of the initial permit fee where the permit is issued less than 45 days before the date on which it will expire.
(k) (1) The annual fee to be charged an individual for a practice privilege pursuant to Section 5096 with an authorization to sign attest reports shall be fixed by the board at an amount not to exceed one hundred twenty-five dollars ($125).
(2) The annual fee to be charged an individual for a practice privilege pursuant to Section 5096 without an authorization to sign attest reports shall be fixed by the board at an amount not to exceed 80 percent of the fee authorized under paragraph (1).
(l) The fee
to be charged for the certification of documents evidencing passage of the certified public accountant examination, the certification of documents evidencing the grades received on the certified public accountant examination, or the certification of documents evidencing licensure shall be twenty-five dollars ($25).
(m) The board shall fix the fees in accordance with the limits of this section and any increase in a fee fixed by the board shall be pursuant to regulation duly adopted by the board in accordance with the limits of this section.
(n) It is the intent of the Legislature that, to ease entry into the public accounting profession in California, any administrative cost to the board related to the certified public accountant examination or issuance of the certified public accountant certificate that exceeds the maximum fees authorized by this section shall be covered by the
fees charged for the biennial renewal of the permit to practice.
