Bill Text: IA HF788 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the auditor of state and including effective date and applicability provisions.(Formerly HSB 269.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-03-10 - Withdrawn. H.J. 542. [HF788 Detail]
Download: Iowa-2021-HF788-Introduced.html
House
File
788
-
Introduced
HOUSE
FILE
788
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
269)
A
BILL
FOR
An
Act
relating
to
the
auditor
of
state
and
including
effective
1
date
and
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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788
Section
1.
Section
11.31,
Code
2021,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
01.
The
auditor
of
state
shall
adopt
rules
3
establishing
divisions
within
the
office
of
auditor
of
state.
4
For
each
division
within
the
office
of
auditor
of
state
that
5
is
responsible
for
performing
attest
services
as
described
in
6
section
542.3,
the
auditor
of
state
shall
appoint
a
certified
7
public
accountant
to
lead
that
division.
8
Sec.
2.
Section
542.3,
subsection
20,
Code
2021,
is
amended
9
to
read
as
follows:
10
20.
“Peer
review
records”
means
a
file,
report,
or
other
11
information
relating
to
the
professional
competence
of
12
an
applicant
in
the
possession
of
a
peer
review
team,
or
13
information
concerning
the
peer
review
developed
by
a
peer
14
review
team
in
the
possession
of
an
applicant.
“Peer
review
15
records”
includes
peer
review
reports.
16
Sec.
3.
Section
542.3,
Code
2021,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
20A.
“Peer
review
reports”
means
a
study,
19
appraisal,
or
review
of
one
or
more
aspects
of
a
certified
20
public
accounting
firm’s
compliance
with
applicable
accounting,
21
auditing,
and
other
attestation
standards
adopted
by
generally
22
recognized
standard-setting
bodies.
23
Sec.
4.
Section
542.7,
subsection
4,
Code
2021,
is
amended
24
to
read
as
follows:
25
4.
An
applicant
for
initial
issuance
or
renewal
of
a
permit
26
to
practice
as
a
certified
public
accounting
firm
is
required
27
to
register
each
office
of
the
firm
within
this
state
with
the
28
board
and
to
show
that
all
attest
and
compilation
services
29
rendered
in
this
state
are
under
the
charge
of
a
person
holding
30
a
valid
certificate
issued
under
section
542.6
or
542.19
,
or
31
by
another
state
if
the
holder
has
a
practice
privilege
under
32
section
542.20
.
However,
the
requirements
of
this
subsection
33
shall
not
apply
to
the
office
of
auditor
of
state
if
the
34
auditor
of
state
otherwise
complies
with
the
requirements
of
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788
section
11.31
and
this
section.
1
Sec.
5.
Section
542.7,
subsection
10,
Code
2021,
is
amended
2
to
read
as
follows:
3
10.
a.
Peer
review
records
are
privileged
and
confidential,
4
and
are
not
subject
to
discovery,
subpoena,
or
other
means
5
of
legal
compulsion.
Peer
review
records
are
not
admissible
6
in
evidence
in
a
judicial,
administrative,
or
arbitration
7
proceeding.
Unless
the
subject
of
a
peer
review
timely
objects
8
in
writing
to
the
administering
entity
of
the
peer
review
9
program,
the
administering
entity
shall
make
available
to
the
10
board
within
thirty
days
of
the
issuance
of
the
peer
review
11
acceptance
letter
the
final
peer
review
report
or
such
peer
12
review
records
as
are
designated
by
the
peer
review
program
in
13
which
the
administering
entity
participates.
The
subject
of
a
14
peer
review
may
voluntarily
submit
the
final
peer
review
report
15
directly
to
the
board.
Information
or
documents
discoverable
16
from
sources
other
than
a
peer
review
team
do
not
become
17
nondiscoverable
from
such
other
sources
because
they
are
made
18
available
to
or
are
in
the
possession
of
a
peer
review
team.
19
Information
or
documents
publicly
available
from
the
American
20
institute
of
certified
public
accountants
relating
to
quality
21
or
peer
review
are
not
privileged
or
confidential
under
this
22
subsection
.
A
person
or
organization
participating
in
the
23
peer
review
process
shall
not
testify
as
to
the
findings,
24
recommendations,
evaluations,
or
opinions
of
a
peer
review
team
25
in
a
judicial,
administrative,
or
arbitration
proceeding.
26
b.
However,
notwithstanding
any
provision
of
this
subsection
27
to
the
contrary,
peer
review
reports
concerning
the
office
of
28
auditor
of
state
shall
be
considered
a
public
record
pursuant
29
to
chapter
22.
30
Sec.
6.
NEW
SECTION
.
542.7A
Office
of
auditor
of
state.
31
1.
The
office
of
auditor
of
state
shall
qualify
as
a
32
certified
public
accounting
firm
subject
to
the
requirements
of
33
sections
11.31
and
542.7.
34
2.
For
purposes
of
section
542.7,
the
auditor
of
state
shall
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788
be
deemed
to
be
the
owner
of
the
office
of
auditor
of
state
and
1
the
office
of
auditor
of
state
shall
be
deemed
to
comply
with
2
the
ownership
requirements
of
section
542.7
if
the
auditor
of
3
state
is
a
certified
public
accountant
or
all
divisions
of
the
4
office
of
auditor
of
state
performing
attest
services
are
led
5
by
a
certified
public
accountant.
6
3.
The
provisions
of
sections
542.9,
542.17,
and
542.18
7
shall
not
apply
to
the
office
of
auditor
of
state
as
a
8
certified
public
accounting
firm
under
this
chapter.
9
Sec.
7.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
10
importance,
takes
effect
upon
enactment.
11
Sec.
8.
RETROACTIVE
APPLICABILITY.
This
Act
applies
12
retroactively
to
July
1,
2002.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
concerns
the
office
of
auditor
of
state.
17
Code
section
11.31,
concerning
state
auditors,
is
amended
18
to
provide
that
the
auditor
of
state
adopt
rules
establishing
19
divisions
and
to
provide
that
for
each
division
that
is
20
responsible
for
performing
attest
services
as
described
in
Code
21
section
542.3,
the
auditor
of
state
shall
appoint
a
certified
22
public
accountant
to
lead
that
division.
23
Code
chapter
542,
concerning
public
accountants,
is
amended.
24
The
bill
adds
“peer
review
reports”,
defined
in
the
bill,
to
25
the
definition
of
“peer
review
records”.
By
operation
of
26
law,
peer
review
records
are
privileged,
confidential,
and
27
not
subject
to
discovery
or
other
means
of
legal
compulsion.
28
New
Code
section
542.7A
provides
that
the
office
of
auditor
29
of
state
shall
qualify
as
a
certified
public
accounting
firm
30
subject
to
the
requirements
of
Code
sections
11.31
and
542.7.
31
The
bill
provides
that
for
purposes
of
applying
for
a
permit
as
32
a
certified
public
accounting
firm
under
Code
section
542.7,
33
the
auditor
of
state
shall
be
deemed
the
owner
of
the
office
34
and
the
office
of
auditor
of
state
shall
be
deemed
to
comply
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with
the
ownership
requirements
of
Code
section
542.7
if
the
1
auditor
of
state
is
a
certified
public
accountant
or
all
2
divisions
of
the
office
of
auditor
of
state
performing
attest
3
services
are
led
by
a
certified
public
accountant.
The
bill
4
provides
that
Code
section
542.9,
concerning
appointment
of
5
secretary
of
state
as
an
agent,
and
Code
sections
542.17
and
6
542.18,
concerning
client
confidentiality,
do
not
apply
to
the
7
office
of
auditor
of
state
if
the
office
of
auditor
of
state
is
8
issued
a
permit
as
a
certified
public
accounting
firm.
9
Code
section
542.7,
concerning
firm
permits
to
practice,
10
is
amended.
The
bill
provides
that
the
requirements
of
an
11
applicant
to
register
each
office
of
the
firm
within
the
state
12
with
the
Iowa
accountancy
examining
board
and
to
show
that
all
13
attest
and
compilation
services
rendered
in
this
state
are
14
under
the
charge
of
a
person
holding
a
valid
certificate
do
15
not
apply
to
the
office
of
auditor
of
state.
In
addition,
the
16
bill
provides
that
peer
review
records
concerning
the
office
of
17
auditor
of
state
shall
be
considered
a
public
record
pursuant
18
to
Code
chapter
22.
19
The
bill
takes
effect
upon
enactment
and
applies
20
retroactively
to
July
1,
2002.
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