Legislature(2009 - 2010)BELTZ 105 (TSBldg)

02/11/2010 02:00 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 205 RCA RATE CHANGE TELECONFERENCED
Heard & Held
*+ SB 227 PUBLIC ACCOUNTING TELECONFERENCED
Moved SB 227 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    SB 227-PUBLIC ACCOUNTING                                                                                
                                                                                                                                
2:07:12 PM                                                                                                                    
CHAIR PASKVAN announced SB 227 to be up for consideration.                                                                      
                                                                                                                                
JAKE HAMBURG, staff  to Senator Paskvan, sponsor of  SB 227, said                                                               
that he and  Senator Paskvan worked closely with  the State Board                                                               
of Public Accountancy and the  Alaska Society of Certified Public                                                               
Accountants  in developing  this bill  and it  enjoys their  full                                                               
support.  He said  SB 227  updates  Alaska's uniform  accountancy                                                               
statutes to keep  up with today's business demands  and the needs                                                               
of  the accounting  profession.  Forty-five  states have  already                                                               
enacted some version of this bill that simply does three things.                                                                
                                                                                                                                
The first  is that  it establishes  mobility provisions  to allow                                                               
licensed certified  public accountants  (CPAs) from  other states                                                               
to practice  certain functions within Alaska  without unnecessary                                                               
filings, forms  and fees.  Mr. Hamburg  explained that  this will                                                               
allow Alaska  CPAs to practice  in other states without  the same                                                               
hassles due to reciprocity requirements by some of those states.                                                                
                                                                                                                                
He said  this provision  allows consumers  or clients  to receive                                                               
timely services  from CPAs best  suited to the job  regardless of                                                               
their location,  without the  hindrances of  unnecessary filings,                                                               
forms,  and  increased  costs  that do  not  protect  the  public                                                               
interest.                                                                                                                       
                                                                                                                                
2:09:49 PM                                                                                                                    
Second, this  bill updates Alaska's uniform  accountancy statutes                                                               
to allow for simple majority ownership  by CPAs of CPA firms. The                                                               
accounting profession  has changed  over the past  several years,                                                               
as  has  the  composition  of   today's  typical  CPA  firms,  he                                                               
explained.   Non-CPA  professionals   who  enhance   accountants'                                                               
abilities  to  serve their  clients,  such  as lawyers,  computer                                                               
information specialists  or consultants, now work  for accounting                                                               
firms.  Additionally,  modern  audits   require  input  from  and                                                               
participation  by   many  different  types  of   professions  and                                                               
professionals  in  addition  to  CPA  auditors.  To  maintain  an                                                               
experienced  multi-disciplinary audit  force,  firms  need to  be                                                               
able  to offer  ownership  to different  types of  professionals.                                                               
Ownership  can  also  be  used to  attract  and  retain  talented                                                               
individuals that would be invaluable to a CPA firm.                                                                             
                                                                                                                                
MR.  HAMBERG stated  that competition  for talented  employees is                                                               
more intense than ever especially  in an accounting firm and with                                                               
the  current law  non-CPA professionals  cannot become  partners.                                                               
Alaska CPA  firms can  have a tougher  time hiring  and retaining                                                               
these non-CPAs because  they often have little  incentive to make                                                               
a long-term commitment to them.                                                                                                 
                                                                                                                                
2:11:07 PM                                                                                                                    
Third,  he  said,  this  bill enhances  the  board's  ability  to                                                               
protect the  public's interest by  directing it to  investigate a                                                               
complaint  made by  the accountancy  regulatory  body of  another                                                               
state. It  adds a  fair way to  take corrective  action regarding                                                               
ownership  by  making  it  a  basis for  board  action.  It  also                                                               
provides  that  persons  with practice  privileges,  out-of-state                                                               
permits, or out-of-state exemptions  and legal entities that hire                                                               
individuals with practice privileges  consent to the jurisdiction                                                               
and disciplinary  authority of  the board. He  said it  will also                                                               
insure that  CPA firms  in Alaska  are able  to provide  the best                                                               
services  to  their clients  and  remain  competitive with  their                                                               
peers from outside of Alaska.                                                                                                   
                                                                                                                                
2:12:32 PM                                                                                                                    
SENATOR BUNDE  said this seems  to be a  common-sense improvement                                                               
of business and asked if he had heard of any "push-back."                                                                       
                                                                                                                                
MR. HAMBURG replied no.                                                                                                         
                                                                                                                                
2:13:14 PM                                                                                                                    
JULIE OLSON, President, Alaska Society  of CPAs, said the Society                                                               
passed a resolution supporting SB 227.                                                                                          
                                                                                                                                
2:14:10 PM                                                                                                                    
CHAIR PASKVAN asked if this  does everything the Society wants it                                                               
to.                                                                                                                             
                                                                                                                                
MS. OLSON replied yes.                                                                                                          
                                                                                                                                
2:14:37 PM                                                                                                                    
SENATOR  THOMAS asked  what percent  of the  accounting firms  in                                                               
Alaska belong to the Society.                                                                                                   
                                                                                                                                
MS. OLSON  replied a majority  of the accounting firms  here, and                                                               
the State Society has about 500 members.                                                                                        
                                                                                                                                
2:15:26 PM                                                                                                                    
SENATOR THOMAS remarked that he  didn't want to pass this lengthy                                                               
bill that seems  innocuous and then have his phone  "ring off the                                                               
hook" the next day about  the legislature giving opportunities to                                                               
out-of-state firms.                                                                                                             
                                                                                                                                
MS. OLSON  said the Society  made every  effort to make  sure all                                                               
the CPAs in the state are  aware of this through their newsletter                                                               
and they hadn't heard of any opposition to it.                                                                                  
                                                                                                                                
2:16:09 PM                                                                                                                    
LISA ROGERS, Alaska  Society of CPAs, supported SB  227. She said                                                               
it aligns Alaska statutes with  three provisions set forth in the                                                               
Uniform Accountancy  Act, which  is model legislation  drafted by                                                               
the National  Association of State Boards  of Accountancy (NASBA)                                                               
and  the  American  Institute  of  Certified  Public  Accountants                                                               
(AICPA). She said  the NASBA represents the regulators  and is an                                                               
organization to which the boards  of accountancy in all licensing                                                               
jurisdictions  in the  country belong.  The AICPA  represents the                                                               
profession  and sets  forth the  professional standards  to which                                                               
all  CPAs must  adhere.  Although SB  227 is  21  pages long,  it                                                               
accomplishes  three  things:     mobility,  uniform  disciplinary                                                               
proceedings and a simple majority  CPA ownership of firms. Forty-                                                               
five other states have already passed this legislation.                                                                         
                                                                                                                                
MS.  ROGERS  said they  have  spent  over  two years  working  on                                                               
drafting the legislation  with the help of NASBA  and AICPA. Both                                                               
the State Board  of Public Accountancy and the  Alaska Society of                                                               
CPAs have passed unanimous resolutions  in support of legislation                                                               
that  accomplishes   these  objectives   and  she  knows   of  no                                                               
opposition to it. She urged passing  it quickly, so Alaska can be                                                               
in sync with the rest of the nation.                                                                                            
                                                                                                                                
2:18:25 PM                                                                                                                    
MAX MERTZ, CPA,  Juneau, said he has been on  the Board of Public                                                               
Accountancy for  six years, and  was chair for four  years ending                                                               
in 2009.  It was during his  term as chair that  the mobility and                                                               
firm  ownership  idea  came  to  the  state  and  this  bill  was                                                               
developed. He said the Board  of Accountancy takes its mission of                                                               
regulating  the accounting  profession in  Alaska and  protecting                                                               
the public interest  very seriously. One of  the chief challenges                                                               
it has is  to be able to effectively pursue  licensees from other                                                               
states  that  come  to  Alaska but  don't  properly  serve  their                                                               
clients.                                                                                                                        
                                                                                                                                
He  explained that  out-of-state  practice  becomes more  common-                                                               
place in the electronic age.  Prior to the mobility initiative in                                                               
2007, each state had its  own rules for out-of-state licensees to                                                               
provide services in other states  and for states to carry through                                                               
and enforce  actions on  Boards of  Accountancy in  other states.                                                               
This  resulted  in  inefficient systems  that  are  difficult  to                                                               
navigate  making   further  compliance  and   enforcement  nearly                                                               
impossible.                                                                                                                     
                                                                                                                                
With  mobility, he  said, the  Alaska Board  of Accountancy  will                                                               
gain  automatic  jurisdiction over  all  CPAs  practicing in  the                                                               
state.  This will  enable the  board  to discipline  out-of-state                                                               
licensees whether they  are registered in Alaska  and licensed or                                                               
not. The mobility bill can be  likened to a driver's license that                                                               
will provide CPAs with mobility  to practice in other states than                                                               
their  home state  while retaining  and  strengthening the  state                                                               
board's ability  to protect the public  interest. Certainly, it's                                                               
only successful  if it's passed in  all the states and  now three                                                               
of the remaining five have  legislation pending and the other two                                                               
expect  to have  legislation  very shortly.  Likewise, Mr.  Mertz                                                               
said he had heard of no opposition to the bill.                                                                                 
                                                                                                                                
2:21:43 PM                                                                                                                    
CHAIR PASKVAN asked if this  statute gives Alaska jurisdiction to                                                               
discipline potential violations of the standard in other states.                                                                
                                                                                                                                
MR. MERTZ replied yes.                                                                                                          
                                                                                                                                
2:22:29 PM                                                                                                                    
CHAIR PASKVAN closed  public testimony and noted  the zero fiscal                                                               
note.                                                                                                                           
                                                                                                                                
2:22:38 PM                                                                                                                    
SENATOR  MEYER  moved  to  report  SB  227  from  committee  with                                                               
individual  recommendations and  the attached  zero fiscal  note.                                                               
There were no objections and it was so ordered.                                                                                 
                                                                                                                                
2:23:41 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:26:42 PM                                                                                                                    
CHAIR PASKVAN called the meeting back to order at 2:26 p.m.                                                                     
                                                                                                                                

Document Name Date/Time Subjects
SB 205 Bill Packet.pdf SL&C 2/11/2010 2:00:00 PM
SB 205