Legislature(2021 - 2022)

2022-02-09 House Journal

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2022-02-09                     House Journal                      Page 1804
HB 44                                                                                                                         
Representative Tuck moved and asked unanimous consent that the                                                                  
House consider the Senate message (page 1757) on the following:                                                                 

2022-02-09                     House Journal                      Page 1805
     CS FOR HOUSE BILL NO. 44(STA)                                                                                              
     "An Act relating to the practice of accounting."                                                                           
                                                                                                                                
and                                                                                                                             
                                                                                                                                
             SENATE CS FOR CS FOR HOUSE BILL NO. 44(L&C) am S                                                                  
     (same title)                                                                                                               
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative Eastman moved and asked unanimous consent that the                                                               
following legal memo be spread on the journal. There being no                                                                   
objection, it was so ordered.                                                                                                   
                                                                                                                                
Memorandum dated February 9:                                                                                                    
                                                                                                                                
"TO: Representative David Eastman                                                                                               
                                                                                                                                
FROM: Noah Klein, Legislative Counsel                                                                                           
                                                                                                                                
You asked who must be licensed to issue a "report" under AS                                                                     
08.04.505, as amended by SCS CSHB 44(L&C) am S (the senate                                                                      
committee substitute)? You asked whether, after the removal of                                                                  
"financial statements," engineers or legislators would have to, in some                                                         
instances, receive an accountant license to issue engineering or other                                                          
reports? It is unlikely a court would interpret the statute to require such                                                     
extreme results.                                                                                                                
                                                                                                                                
As you noted, currently AS 08.04.505 provides in part: "Only a person                                                           
who holds a valid license, practice privilege, permit, or out-of-state                                                          
exemption may issue a report on financial statements of another                                                                 
person or governmental unit." If the legislature enacts the senate                                                              
committee substitute, it will delete "financial statements," among other                                                        
changes, and AS 08.04.505 will provide in part: "Only a person who                                                              
holds a valid license, practice privilege, or permit may issue a report                                                         
on behalf of another person or governmental unit." You asked which                                                              
reports would require a license, privilege, or permit after this change?                                                        
                                                                                                                                
The Alaska Supreme Court has explained that "when construing a                                                                  
statute, 'we must, whenever possible, interpret each part or section of a                                                       

2022-02-09                     House Journal                      Page 1806
statute with every other part or section, so as to create a harmonious                                                          
whole.'" Both in current statute and under the senate committee                                                                 
substitute, AS 08.04.505(3) establishes an exception for "the                                                                   
performance by persons of other services involving the use of                                                                   
accounting skills, including the preparation of tax returns,                                                                    
management advisory services, and the preparation of financial                                                                  
statements without the issuance of reports on them." The language                                                               
"other services involving the use of accounting skills" create a                                                                
distinction between services involving the use of accounting skills that                                                        
require a license, privilege, or permit and other services involving                                                            
accounting skills that do not require a license, privilege, or permit. The                                                      
word other would be superfluous if the restriction on reporting did not                                                         
specifically apply to services involving accounting skills.                                                                     
Additionally, it is unlikely that a court would read a section within a                                                         
chapter specifically regulating the practice of accounting to impose a                                                          
broad restriction on reporting outside the practice of accounting.                                                              
Finally, the definition of the "practice of public accounting," as                                                              
amended by sec. 40 of the senate committee substitute, refers to                                                                
"accounting or auditing skills." Thus, after the removal of "financial                                                          
statements," the requirement to obtain a license, privilege, or permit                                                          
before issuing a report applies to accounting reports involving the use                                                         
of accounting skills other than reports explicitly excepted in AS                                                               
08.04.505(1) - (3)."                                                                                                            
                                                                                                                                
Representative Tuck moved that the House concur in the Senate                                                                   
amendment and recommended that the members vote yes.                                                                            
                                                                                                                                
The question being:  "Shall the House concur in the Senate                                                                      
amendment?"  The roll was taken with the following result:                                                                      
                                                                                                                                
SCS CSHB 44(L&C) am S                                                                                                           
Concur                                                                                                                          
                                                                                                                                
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Carpenter, Claman, Cronk, Drummond, Eastman, Edgmon,                                                                     
Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson,                                                                   
Kaufman, Kreiss-Tomkins, Kurka, LeBon, McCabe, McCarty,                                                                         
McKay, Merrick, Nelson, Ortiz, Patkotak, Prax, Rasmussen, Rauscher,                                                             
Schrage, Shaw, Snyder, Story, Stutes, Tarr, Thompson, Tilton, Tuck,                                                             
Vance, Wool, Zulkosky                                                                                                           
                                                                                                                                

2022-02-09                     House Journal                      Page 1807
Excused:  Spohnholz                                                                                                             
                                                                                                                                
And so, the House concurred in the Senate amendment, thus adopting                                                              
SCS CSHB 44(L&C) am S.                                                                                                          
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                
The bill was referred to the Chief Clerk for enrollment.