SENATE BILL NO. 75
INTRODUCED BY G. VUCKOVICH
BY REQUEST OF THE BOARD OF PUBLIC ACCOUNTANTS
AN ACT GENERALLY REVISING LAWS RELATED TO THE BOARD OF PUBLIC ACCOUNTANTS; REVISING A REFERENCE TO A SPECIFIC ETHICS COURSE; AUTHORIZING EXPANDED CONTINUING EDUCATION AUDITS; DELAYING USE OF A STATE SPECIAL REVENUE ACCOUNT FOR THE BOARD; EXTENDING A TERMINATION DATE FOR AN ENTERPRISE FUND USED BY THE BOARD; AMENDING SECTIONS 37-1-306, 37-50-302, AND 37-50-305, MCA; AMENDING SECTION 9, CHAPTER 427, LAWS OF 2015, AND SECTION 10, CHAPTER 427, LAWS OF 2015; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
"37-1-306. Continuing education -- certification -- other qualifications for continued licensure -- audit. (1) A board may require licensees to participate in flexible, cost-efficient, effective, and geographically accessible continuing education or continued state, regional, or national certification for licensure.
(2) A board that requires continuing education or state, regional, or national certification may not audit or require proof of continuing education or certification as a precondition for license renewal. However, a licensee who reactivates a license after the license has expired, as provided in 37-1-141, is subject to a mandatory continuing education audit.
(3) After Except as provided in 37-50-305, after the lapsed date provided for in 37-1-141, the board or department may conduct a random audit of up to 50% of all licensees who have renewed their licenses to determine compliance with board or program continuing education requirements.
(4) The board or department may audit licensees for compliance with state, regional, or national certification or other board or department requirements.
(5) The board or department shall provide a licensee not in compliance with continuing education or certification requirements with an opportunity to cure the noncompliance as provided in 37-1-321."
"37-50-302. Certified public accountants -- licensure -- qualifications and requirements. The board shall grant an initial license as a certified public accountant to any person who:
(1) is of good moral character;
(2) has successfully passed the certified public accountants' examination;
(3) meets the requirements of education and accounting experience set forth in this chapter and in board rules; and
(4) has successfully completed the a professional ethics course for CPAs course of the American institute of certified public accountants or its successor organization as defined identified in board rule."
"37-50-305. Education requirements -- definition. (1) An applicant for initial licensure as a certified public accountant must have:
(a) graduated from an accredited college or university with a baccalaureate degree and at least 150 semester hours of credit; and
(b) met the requirements for accounting and business course credit hours specified by board rule.
(2) (a) A licensee shall obtain continuing education credits as provided by board and department rule.
(b) If an audit conducted under 37-1-306 results in more than 15% of the audited licensees being noncompliant before the department administers the provisions of 37-1-321, in the subsequent audit year the board may audit up to 100% of the licensees.
(2)(3) For the purposes of this section, "initial licensure" means that the applicant has never been licensed as a certified public accountant by any jurisdiction."
Section 4. Section 9, Chapter 427, Laws of 2015, is amended to read:
"Section 9. Effective date. [Section 6] is effective October 1, 2019 2023."
Section 5. Section 10, Chapter 427, Laws of 2015, is amended to read:
"Section 10. Termination. [Sections 1 through 5] terminate September 30, 2019 2023."
Section 6. Effective date. [This act] is effective July 1, 2019.
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Prepared by Montana Legislative Services