Bill Text: OR SB301 | 2013 | Regular Session | Introduced
Bill Title: Relating to financial professionals; declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB301 Detail]
Download: Oregon-2013-SB301-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1084
Senate Bill 301
Sponsored by Senator JOHNSON (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Places Oregon Board of Accountancy and State Board of Tax
Practitioners in Department of Consumer and Business Services.
Removes Oregon Board of Accountancy and State Board of Tax
Practitioners from application of statute requiring boards to
appoint administrator.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to financial professionals; creating new provisions;
amending ORS 670.306, 673.410 and 673.725; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 673.410 is amended to read:
673.410. (1) There is created an Oregon Board of Accountancy
{ + in the Department of Consumer and Business Services, + }
consisting of seven members.
(2) Members of the board shall be appointed by the Governor for
terms of three years, subject to confirmation by the Senate
pursuant to section 4, Article III of the Oregon Constitution.
(3) { - The board members shall be as follows - } { + Of
the members of the board + }:
(a) Four must have a current permit as a certified public
accountant under the laws of this state in effect for at least
five years, and be actively engaged in public accountancy
practice.
(b) One must have a current permit as a certified public
accountant under the laws of this state in effect for at least
five years, and be employed in private industry, education or
government or be actively engaged in public accountancy practice.
(c) One { - shall - } { + must + } be a member of the
general public.
(d) One must have a current license as a public accountant
under the laws of this state in effect for at least five years
and be actively engaged in public accountancy practice.
(4) { - No person shall be - } { + A person is not + }
eligible for reappointment after the person's third consecutive
term until a period at least equal to the appointed term has
elapsed.
(5) The authority of the board to enforce the provisions of ORS
673.010 to 673.457 includes the authority to regulate the
practice of public accountancy by persons or business
organizations holding certificates, licenses, permits or
registrations issued under ORS 673.010 to 673.457.
SECTION 2. { + The amendments to ORS 673.410 by section 1 of
this 2013 Act do not affect any action, proceeding or prosecution
involving or with respect to the Oregon Board of Accountancy
begun before and pending at the time of the transfer. + }
SECTION 3. { + The amendments to ORS 673.410 by section 1 of
this 2013 Act do not relieve a person of a liability, duty or
obligation accruing under or with respect to ORS 673.010 to
673.457. + }
SECTION 4. ORS 673.725 is amended to read:
673.725. (1) There is created a State Board of Tax
Practitioners { + in the Department of Consumer and Business
Services + }. The board shall consist of seven members who shall
be appointed by the Governor.
(2) The term of office { - for each member shall be - }
{ + of a member of the board is + }three years { - and no
member shall be - } { + . A member is not + } eligible for
appointment to more than three terms of office, but a member
serves at the pleasure of the Governor. Before the expiration of
the term of a member, the Governor shall appoint a successor or
reappoint the incumbent member if the incumbent member is
eligible for reappointment. The Governor shall fill vacancies on
the board as they may occur and a member appointed to fill a
vacancy shall serve the unexpired term of the predecessor.
(3) { - (a) - } Of the members of the board { + :
(a) + } Six { - shall - } { + members must + } be licensed
as tax consultants under ORS 673.605 to 673.740. Each of the six
shall have been engaged in the preparation of personal income tax
returns for another and for a valuable consideration for no less
than five years.
(b) One member of the board { - shall - } { + must + } be a
member of the general public.
(4) All appointments of members of the board by the Governor
are subject to confirmation by the Senate pursuant to section 4,
Article III, Oregon Constitution.
SECTION 5. { + The amendments to ORS 673.725 by section 4 of
this 2013 Act do not affect any action, proceeding or prosecution
involving or with respect to the State Board of Tax Practitioners
begun before and pending at the time of the transfer. + }
SECTION 6. { + The amendments to ORS 673.725 by section 4 of
this 2013 Act do not relieve a person of a liability, duty or
obligation accruing under or with respect to ORS 673.605 to
673.740. + }
SECTION 7. ORS 670.306 is amended to read:
670.306. (1) Subsections (2) and (3) of this section
{ - shall - } apply only to the following professional licensing
boards:
(a) State Board of Architect Examiners.
(b) Construction Contractors Board.
(c) State Board of Examiners for Engineering and Land
Surveying.
(d) State Landscape Architect Board.
(e) State Landscape Contractors Board.
{ - (f) Oregon Board of Accountancy. - }
{ - (g) State Board of Tax Practitioners. - }
(2) A board shall fix the qualifications of and appoint an
administrative officer. The determination of qualifications and
appointment of an administrative officer shall be made after
consultation with the Governor.
(3) An administrative officer of a board shall not be a member
of that board.
(4) Subject to the applicable rules of the State Personnel
Relations Law, the board shall fix the compensation of its
administrator, who shall be in the unclassified service.
(5) Subject to applicable rules of the State Personnel
Relations Law, the administrative officer shall appoint all
subordinate employees, prescribe their duties and fix their
compensation.
SECTION 8. { + (1) Sections 2, 3, 5 and 6 of this 2013 Act and
the amendments to ORS 670.306, 673.410 and 673.725 by sections 1,
4 and 7 of this 2013 Act become operative on January 1, 2014.
(2) The Oregon Board of Accountancy, the State Board of Tax
Practitioners and the Department of Consumer and Business
Services may take any action before the operative date specified
in subsection (1) of this section to enable the boards and
department to exercise, on and after the operative date specified
in subsection (1) of this section, all the duties, functions and
powers conferred on the boards and department by sections 2, 3, 5
and 6 of this 2013 Act and the amendments to ORS 670.306, 673.410
and 673.725 by sections 1, 4 and 6 of this 2013 Act. + }
SECTION 9. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
----------
