Bill Text: IA SF581 | 2019-2020 | 88th General Assembly | Amended


Bill Title: A bill for an act relating to the auditor of state and including effective date and applicability provisions. (Formerly SSB 1239.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2020-03-09 - Subcommittee Meeting: 03/11/2020 8:45AM House Lounge. [SF581 Detail]

Download: Iowa-2019-SF581-Amended.html
Senate File 581 - Reprinted SENATE FILE 581 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1239) (As Amended and Passed by the Senate March 21, 2019 ) 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 SF 581 (3) 88 ec/rn/mb
S.F. 581 Section 1. Section 11.31, Code 2019, 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 2019, 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 2019, 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 2019, 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 35 -1- SF 581 (3) 88 ec/rn/mb 1/ 3
S.F. 581 section 11.31 and this section. 1 Sec. 5. Section 542.7, subsection 10, Code 2019, 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 35 -2- SF 581 (3) 88 ec/rn/mb 2/ 3
S.F. 581 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 -3- SF 581 (3) 88 ec/rn/mb 3/ 3
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