Bill Text: CA SB306 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Accountancy.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-10-03 - Chaptered by Secretary of State. Chapter 445, Statutes of 2011. [SB306 Detail]

Download: California-2011-SB306-Amended.html

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BILL NUMBER: SB 306	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2011

INTRODUCED BY   Senator De León

                        FEBRUARY 14, 2011

   An act to  amend   repeal and add 
Section 5096.14 of the Business and Professions Code, relating to
accountancy.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 306, as amended, De León. Accountancy.
   Existing law provides for the licensure and regulation of
accountants by the California Board of Accountancy in the Department
of Consumer Affairs. Existing law prohibits a person from engaging in
the practice of public accountancy in this state unless he or she
holds either a valid permit issued by the board or a practice
privilege, as specified. A violation of this provision is a crime.
Existing law requires the board to amend a specified regulation to
extend from December 31, 2007, to December 31, 2010, a safe harbor
pertaining to practicing accountancy without a practice privilege for
up to 5 days prior to submitting a notification form to the board,
as specified.
   This bill would  require the board to amend the specified
regulation to extend that safe harbor period from December 31, 2010,
to December to December 31, 2013   repeal the provision
applicable to that regulation and instead set forth a 5-day safe
harbor for a person practicing accountancy under a practice
privilege, subject to specified requirements. The bill would
authorize the board to fine an individual who notifies the board of
his or her practice more than 5 days after beginning practice within
the state  .
   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 5096.14 of the  
Business and Professions Code   is repealed.  
   5096.14.  The board shall amend Section 30 of Article 4 of
Division 1 of Title 16 of the California Code of Regulations to
extend the current "safe harbor" period from December 31, 2007, to
December 31, 2010. 
   SEC. 2.    Section 5096.14 is added to the  
Business and Professions Code   , to read:  
   5096.14.  (a) An individual shall not be deemed to be in violation
of this article solely because he or she begins the practice of
public accounting in California prior to notifying the board as
indicated in subdivision (c) of Section 5096, provided the notice is
given within five business days of the date practice begins. An
individual who properly notifies the board within the five-day period
provided for in this section shall be deemed to have a practice
privilege from the first day of practice in California unless the
individual fails to timely submit the required fee pursuant to
subdivision (c) of Section 5096.
   (b) Subdivision (a) does not apply in those instances in which
prior approval by the board is required pursuant to subdivision (g)
of Section 5096.
   (c) In addition to any other applicable sanction, the board may
issue a fine pursuant to Section 5096.3 for notifying the board more
than five business days after beginning practice in California. 

  SECTION 1.    Section 5096.14 of the Business and
Professions Code is amended to read:
   5096.14.  The board shall amend Section 30 of Article 4 of
Division 1 of Title 16 of the California Code of Regulations to
extend the current "safe harbor" period from December 31, 2010, to
December 31, 2013.