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H0485...........................................................by BUSINESS ACCOUNTANTS - LICENSURE - Amends, repeals and adds to existing law to modify requirements for licensure under the Idaho Accountancy Act; to revise provisions relating to the acceptance by licensees of commissions and contingent fees and the use of certain titles or abbreviations; and to provide for substantial equivalency. 01/24 House intro - 1st rdg - to printing 01/25 Rpt prt - to Bus 02/06 Rpt out - rec d/p - to 2nd rdg 02/07 2nd rdg - to 3rd rdg 02/11 3rd rdg - PASSED - 53-15-2 AYES -- Aikele, Barraclough, Bedke, Bell, Black, Block, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Jones, Kellogg, Kunz, Lake, Langford, Mader, Meyer, Montgomery, Mortensen, Pischner, Pomeroy, Raybould, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Young, Mr. Speaker NAYS -- Barrett, Bieter, Boe, Henbest, Higgins, Hornbeck, Jaquet, Kendell, Loertscher, Martinez, McKague, Pearce, Roberts, Wheeler, Wood Absent and excused -- Moyle, Ridinger Floor Sponsor - Deal Title apvd - to Senate 02/12 Senate intro - 1st rdg - to Com/HuRes 03/06 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/13 3rd rdg - PASSED - 30-2-3 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Burtenshaw, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Thorne, Williams NAYS -- Noh, Wheeler Absent and excused -- Bunderson, Cameron, Stennett Floor Sponsor - Stegner Title apvd - to House 03/14 To enrol 03/15 Rpt enrol - Sp signed Pres signed 03/15 To Governor 03/19 Governor signed Session Law Chapter 92 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 485 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO ACCOUNTANCY ACT; AMENDING SECTION 54-201, IDAHO CODE, TO 3 PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 54-202, IDAHO CODE, TO 4 REVISE LEGISLATIVE INTENT; AMENDING SECTION 54-203, IDAHO CODE, TO REVISE 5 THE MEMBERSHIP OF THE BOARD OF ACCOUNTANCY; AMENDING SECTION 54-204, IDAHO 6 CODE, TO REVISE THE RULEMAKING AUTHORITY AND OTHER POWERS AND DUTIES OF 7 THE BOARD OF ACCOUNTANCY; AMENDING SECTION 54-206, IDAHO CODE, TO REVISE 8 DEFINITIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-207, 9 IDAHO CODE, TO PROVIDE FOR ADDITIONAL EDUCATIONAL REQUIREMENTS FOR LICEN- 10 SURE AND TO PROVIDE THAT THE BOARD OF ACCOUNTANCY MAY ADOPT RULES RELATING 11 TO EDUCATIONAL REQUIREMENTS; AMENDING SECTION 54-208, IDAHO CODE, TO 12 REVISE THE REQUIREMENTS FOR ADMISSION TO EXAMINATION, TO PROVIDE FOR THE 13 CONDUCT OF EXAMINATIONS AND TO PROVIDE THAT A FEE MAY BE CHARGED FOR EXAM- 14 INATIONS; AMENDING SECTION 54-209, IDAHO CODE, TO REVISE THE EXPERIENCE 15 REQUIRED OF APPLICANTS FOR LICENSURE; AMENDING SECTION 54-210, IDAHO 16 CODE, TO REVISE CERTAIN REQUIREMENTS FOR LICENSURE BY RECIPROCITY AND TO 17 PROVIDE FOR FOREIGN RECIPROCITY; AMENDING SECTION 54-211, IDAHO CODE, TO 18 REVISE LICENSING FEES AND LICENSING PERIODS FOR ORIGINAL LICENSES AND THE 19 RENEWAL OF LICENSES, TO REVISE REQUIREMENTS FOR THE RENEWAL OF LICENSES, 20 TO PROVIDE FOR REQUIREMENTS FOR INACTIVE AND RETIRED STATUS, TO REVISE 21 FEES FOR REINSTATEMENT OF LICENSES, TO PROVIDE THAT APPLICANTS FOR INITIAL 22 ISSUANCE OR REINSTATEMENT OF LICENSES SHALL FILE AN APPLICATION LISTING 23 ANY PAST DENIALS, REVOCATIONS OR SUSPENSIONS OF A CERTIFICATE, LICENSE OR 24 PERMIT AND TO PROVIDE A REFERENCE TO LICENSEES; AMENDING SECTION 54-212, 25 IDAHO CODE, TO REVISE GENERAL FEES; AMENDING SECTION 54-213, IDAHO CODE, 26 TO PROVIDE THAT CERTAIN INDIVIDUALS LICENSED AS OF JULY 1, 2002, SHALL BE 27 CONSIDERED LICENSEES; AMENDING SECTION 54-214, IDAHO CODE, TO REMOVE 28 REQUIREMENTS OF PRACTICE UNIT REGISTRATION AND QUALITY REVIEWS AND TO PRO- 29 VIDE FOR FIRM REGISTRATION AND PEER REVIEWS; REPEALING SECTIONS 54-215 AND 30 54-216, IDAHO CODE; AMENDING SECTION 54-218, IDAHO CODE, TO PROVIDE FOR 31 THE ACCEPTANCE OF COMMISSIONS AND CONTINGENT FEES UNDER CERTAIN CONDI- 32 TIONS; AMENDING SECTION 54-219, IDAHO CODE, TO REVISE THE GROUNDS ON WHICH 33 THE BOARD MAY PENALIZE LICENSEES AND HOLDERS OF CERTIFICATES AND TO MAKE A 34 TECHNICAL CORRECTION; AMENDING SECTION 54-220, IDAHO CODE, TO REVISE 35 RESTRICTIONS ON THE USE OF CERTAIN TITLES, DESIGNATIONS OR ABBREVIATIONS 36 RELATED TO ACCOUNTANCY; AMENDING SECTION 54-221, IDAHO CODE, TO PROVIDE 37 THAT ONLY LICENSEES SHALL ISSUE REPORTS ON FINANCIAL STATEMENTS OR OFFER 38 TO RENDER OR RENDER ATTEST OR COMPILATION SERVICES, TO PROVIDE THAT LICEN- 39 SEES AND INDIVIDUALS GRANTED PRIVILEGES SHALL PERFORM ATTEST SERVICES ONLY 40 THROUGH CERTAIN BUSINESSES, TO PROVIDE THAT LICENSEES SHALL ISSUE COMPILA- 41 TION REPORTS ONLY THROUGH CERTAIN BUSINESSES UNLESS SPECIFIED CONDITIONS 42 ARE MET AND TO PROVIDE THAT LICENSEES AND FIRMS WHICH DO NOT ISSUE REPORTS 43 MAY ISSUE FINANCIAL STATEMENTS ONLY IF SUCH STATEMENTS INCLUDE SPECIFIED 44 DISCLAIMER LANGUAGE; AMENDING CHAPTER 2, TITLE 54, IDAHO CODE, BY THE 45 ADDITION OF A NEW SECTION 54-227, IDAHO CODE, TO PROVIDE FOR SUBSTANTIAL 46 EQUIVALENCY, TO PROVIDE CONDITIONS FOR THE EXERCISE OF CERTAIN PRIVILEGES 2 1 BY LICENSEES OF OTHER STATES, TO PROVIDE THAT LICENSEES OF IDAHO WHO OFFER 2 OR RENDER SERVICES OR USE THE CPA TITLE IN OTHER STATES SHALL BE SUBJECT 3 TO DISCIPLINARY ACTION IN IDAHO AND TO PROVIDE THAT THE BOARD SHALL INVES- 4 TIGATE COMPLAINTS MADE BY ACCOUNTANCY BOARDS OF OTHER STATES; AND AMENDING 5 CHAPTER 2, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-228, 6 IDAHO CODE, TO PROVIDE FOR SEVERABILITY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 54-201, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 54-201. SHORT TITLE. Thisactchapter shall be known and may be cited as 11 "The Idaho Accountancy Act." 12 SECTION 2. That Section 54-202, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 54-202. LEGISLATIVE INTENT. It is the policy of this state, and the pur- 15 pose of this chapter, to promote the reliability of information that is used 16 for guidance in financial transactions or for accounting for or assessing the 17 financial status or performance of commercial, noncommercial and governmental 18 enterprises. The public interest requires that persons professing special com- 19 petence in accountancy or offering assurance as to the reliability or fairness 20 of presentation of such information shall have demonstrated their qualifica- 21 tions to do so, and that persons who have not demonstrated and maintained such 22 qualifications shall not be permitted to hold themselves out as having special 23 competence or to offer such assurance; that theprofessionalconduct of per- 24 sons licensed as having special competence in accountancy be regulated in all 25 aspects ofthe practice of public accountancytheir professional work; that a 26 public authority competent to prescribe and assess the qualifications and to 27 regulate theprofessionalconduct ofpractitioners of public accountancy28 licensees be established; and that the use of titlesrelating to the practice29of public accountancy that are likely to misleadthat have a capacity or ten- 30 dency to deceive the public as to the status or competence of the persons 31 using such titles be prohibited. 32 SECTION 3. That Section 54-203, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 54-203. BOARD CREATED -- MEMBERSHIP -- APPOINTMENT -- VACANCIES. There is 35 hereby created in the department of self-governing agencies a board of accoun- 36 tancy in and for the state of Idaho, to be known as the Idaho state board of 37 accountancy. The board shall consist of seven (7) members, all of whom shall 38 be residents of this state, appointed by the governor, five (5) of whom shall 39 hold current certified public accountant licenses issued under the laws of 40 this state, one (1) who shall be either a licensed public accountant or certi- 41 fied public accountant and one (1)who shall be apublic member notengaged in42the practice of public accountinglicensed under this chapter, who has profes- 43 sional or practical experience in the use of accounting services and financial 44 statements. Board members shall be appointed for terms of five (5) years to 45 commence on the first day of September. The existing members of the Idaho 46 state board of accountancy as previously appointed, shall continue in office 47 with their terms expiring on August 31 of each member's final year.A person48who is either a licensed public accountant or certified public accountant3 1shall fill a sixth position on the board whose first term shall be for four2(4) years beginning September 1, 1993. One (1) public member from the business3community shall serve as the seventh member of the board whose first term4shall be for four (4) years beginning September 1, 1993.Whenever the term for 5 a member of the board holding one (1) of theoriginal five (5)seats on the 6 board originally appointed from nominations of the Idaho society of certified 7 public accountants expires orthe position isbecomes vacant for any cause, 8 the Idaho society of certified public accountants shall nominate two (2) per- 9 sons with qualifications to become a member of the board as herein specified, 10 for each such vacancy. Whenever the term for a member holding thesixthposi- 11 tion on the boardshall expireoriginally appointed from nominations of the 12 Idaho association of public accountants expires or becomes vacant for any 13 cause, the Idaho association of public accountants shall nominate two (2) per- 14 sons with qualifications to become a member of the board as herein specified, 15 for each such vacancy. Nominations shall be forwarded to the governor who 16 shall appoint from such nominees the requisite number of persons to be members 17 of the board to fill such vacancy or vacancies. Whenever the term forathe 18 public memberholding the seventh positionon the boardshallexpires or 19 becomes vacant for any cause, the governor shall appoint a nonlicensed person 20 to become a member of the board without receiving official nominees from any 21 source. Vacancies occurring during the term shall be filled by appointment by 22 the governor for the unexpired term. Upon expiration of the term of office, a 23 member shall continue to serve until a successor shall have been appointed and 24 shall have qualified. 25 SECTION 4. That Section 54-204, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 54-204. POWERS AND DUTIES. The Idaho state board of accountancy, in addi- 28 tion to the other powers and duties set forth in this chapter, shall have the 29 following powers and duties: 30 (1) To adopt and amend rules in accordance with the provisions of the 31 administrative procedure act, chapter 52, title 67, Idaho Code, governing its 32 administration and the enforcement of this chapter and the conduct of licen- 33 sees including, but not limited to: 34 (a) Rules governing the board's meetings and the conduct of its business; 35 (b) Rules of procedure governing the conduct of investigations and hear- 36 ings by the board; 37 (c) Rules specifying the education, examination and experience qualifica- 38 tions required for the issuance of certificates,the experience required39for initial issuance of certificatesand the continuing professional edu- 40 cation required for renewal of licenses; 41 (d) Rules of professional conduct directed to controlling the quality and 42 probity ofthe practice of public accountancyprofessional services by 43 licensees, and dealing among other things with independence, integrity and 44 objectivity; competence and technical standards; responsibilities to the 45 public; and responsibilities to clients; 46 (e) Rulesspecifying actions and circumstances that shall be deemed to47constitute holding oneself out as a licensee in connection with the prac-48tice of public accountancygoverning the professional standards applicable 49 to licensees; 50 (f) Rules governing the manner and circumstances of use of the titles 51 "certified public accountant" and "licensed public accountant"; 52 (g) Rules regardingqualitypeer reviews that may be required to be per- 53 formed under the provisions of this chapter; 4 1(g) Rules for the method and substance of examination for licenses to2practice as certified public accountants. The board shall provide for3examination of applicants, at least annually, at such times and places as4circumstances and applications may warrant. The board shall use all or5part of the uniform CPA examination, and may use any related service6available from the American institute of certified public accountants7(AICPA) and the national association of state boards of accountancy8(NASBA), or an examination and services consistent with standards of the9AICPA examination. The board may contract with third parties to perform10such administrative services with respect to the examination as it deems11appropriate to assist it in performing its duties hereunder. The board12shall adopt a system to maintain the security and integrity of the exami-13nation process; and14 (h) Rules on substantial equivalency to implement section 54-227, Idaho 15 Code; 16 (i) Rules adopting statements on standards as specified in section 17 54-206(3), Idaho Code, which, if the board may deem appropriate, shall be 18 those standards developed for general application by recognized accoun- 19 tancy organizations such as the AICPA, as such statements are established 20 from time to time; and 21 (j) Such other rules as the board may deem necessary or appropriate to 22 implement or administer the provisions and purposes of this chapter. 23 (2) To issue original certificates of qualification and licenses to prac- 24 tice as certified public accountants to such applicants as may be qualified by 25 reciprocity, transfer of examination grades or by examination. 26 (3) To charge and collect from all applicants, certificate holders, and 27 licensees such fees as are provided by this chapter and prescribed by rules of 28 the board. 29 (4) To initiate or receive complaints, cause the same to be investigated, 30 initiate proceedings, and conduct hearings or proceedings pursuant to chapter 31 2, title 54, Idaho Code. The board may designate a member, or any other person 32 of appropriate competence, to serve as investigating officer to conduct an 33 investigation. Upon completion of an investigation, the investigating officer 34 shall file a report with the board. Unless dismissed by the board as unfounded 35 or trivial, the board may proceed with disciplinary proceedings or may return 36 the report to the investigating officer for further investigation. 37 (a) In order to protect the interests of a complainant, witness, third 38 party or defendant, the board may upon application and for good cause 39 shown, issue a protective order, consistent with chapter 3, title 9, Idaho 40 Code, prohibiting the disclosure of specific information otherwise not 41 privileged and confidential and direct that the proceedings be conducted 42 so as to implement the order. 43 (b) In carrying into effect the provisions of this chapter, the board may 44 subpoena witnesses and compel their attendance, and also may require the 45 submission of books, papers, documents or other pertinent data; may admin- 46 ister oaths; may take testimony; may cooperate with the appropriate 47 authorities in other states in investigation and enforcement concerning 48 violations of this chapter and comparable acts of other states; and may 49 receive evidence in any disciplinary matters or in any case wherever a 50 violation of the provisions of this chapter is alleged. Upon failure or 51 refusal to comply with any such order of the board, or upon failure to 52 honor its subpoena, the board may apply to the court in the district where 53 the witness resides to enforce compliance. 54 (5) To authorize by written agreement the bureau of occupational licenses 55 as agent to act in its interest. 5 1 (6) Any action, claim or demand to recover money damages from the board 2 or its employees which any person is legally entitled to recover as compensa- 3 tion for the negligent or otherwise wrongful act or omission of the board or 4 its employees, when acting within the course and scope of their employment, 5 shall be governed by the Idaho tort claims act, chapter 9, title 6, Idaho 6 Code. For purposes of this subsection, the term "employees" shall include spe- 7 cial assignment members of the board and other independent contractors while 8 acting within the course and scope of their board related work. 9 (7) All hearings, investigations or proceedings conducted by the board 10 shall be conducted in conformity with chapter 52, title 67, Idaho Code, and 11 rules of the board adopted pursuant thereto, and, unless otherwise requested 12 by the concerned party, be subject to disclosure according to chapter 3, title 13 9, Idaho Code. 14 SECTION 5. That Section 54-206, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 54-206. DEFINITIONS. As used in this section: 17 (1)"Academic year" means that period of study, at a college or univer-18sity, approved by the board, necessary to accumulate the equivalent of thirty19(30) semester credit hours.20(2)"AICPA" means the American institute of certified public accountants. 21 (32) "Applicant" means any person having the requisite qualifications who 22 makes application to the board for examination, or for initial issuance or 23 renewal or reinstatement of acertificate andlicense under the provisions of 24 this chapter. 25 (3) "Attest" means providing the following financial statement services: 26 (a) Any audit or other engagement to be performed in accordance with the 27 statements on auditing standards; 28 (b) Any review of a financial statement to be performed in accordance 29 with the statements on standards for accounting and review services; and 30 (c) Any examination of prospective financial information to be performed 31 in accordance with the statements on standards for attestation engage- 32 ments. 33 (4)"Audit" means an examination of financial statements conducted in34accordance with generally accepted auditing standards, to determine whether,35in the auditor's opinion, the statements are fairly presented and conform with36generally accepted accounting principles, or if applicable, with another com-37prehensive basis of accounting.38(5)"Board" means the Idaho state board of accountancy. 39 (65) "Certificate" means that document issued by the board upon original 40 approval ofa licenselicensure. The original certificate does not constitute 41 licensure and a person cannotholdrepresent himself or herselfout to the42publicas a licensee unless a current and valid annual license has been issued 43 by the board. 44 (76) "Certified public accountant" means any person who holds a valid, 45 unrevoked and unsuspended license under the provisions of chapter 2, title 54, 46 Idaho Code, or an equivalent provision of the laws of another state designat- 47 ing said person as a certified public accountant. 48 (87) "Client" means the person or entitywhich retains a practice unit49engaged in the practice of public accounting for the performance ofthat 50 agrees with a licensee or licensee's employer to receive any professional ser- 51 vices with or without compensation and shall include all affiliates and 52 related entities in the financial statements of an attest or compilation 53 engagement. 6 1 (98) "Compilation" meanspresentinga service performed in accordance 2 with statements on standards for accounting and review services which pres- 3 ents, in the form of historical or prospective financial statements,in accor-4dance with standards adopted by the AICPA,information that is the representa- 5 tion of management or owners without undertaking to express any assurance on 6 the statements. The term "compilation" does not include financial statements 7 accompanied by the language set forth in section 54-226(3), Idaho Code, 8 (whether used by a licensee or by a person not licensed under this chapter) so 9 long as the financial statements are not accompanied by any other language of 10 assurance or disclaimer. 11 (109) "Financial statements" means a presentation of historical or pro- 12 spective financial data, which may include accompanying notes, intended to 13 communicate an entity's economic resources or obligations at a point in time, 14 or the changes therein for a period of time, in accordance with a comprehen- 15 sive basis of accounting. 16 (110) "Firm" means a proprietorship, partnership, professional corpora- 17 tion, professional limited liability company, or any other form of profes- 18 sional organization permitted by Idaho law,engaged in the practice of public19accounting of which all proprietors, partners, officers, shareholders or mem-20bers are licensed under the provisions of this chapterregistered under the 21 requirements of section 54-214, Idaho Code. 22 (121) "Good moral character" means lack of a history of dishonest dealings 23 or a felonious act. 24(13) "Hold out" or "holding out" means providing or offering to provide25work or services as a certified public accountant or licensed public accoun-26tant. Holding out includes, but is not limited to, display of a license, or27oral or written representation that the person holds a current and valid28license or is authorized to practice public accounting. Written representation29can include the certified public accountant, licensed public accountant, or30any other designation cited in section 54-220, Idaho Code, which may appear on31a letterhead, business card, office sign or advertisement.32 (142) "License" means thatpermitauthorization issued by the board upon 33 original approval and on an annual basis permitting a qualified person to 34 practice as a certified public accountant or licensed public accountant in the 35 state of Idaho. 36 (153) "Licensed public accountant" or "LPA" means any person who holds a 37 valid, unrevoked and unsuspended license under the provisions of chapter 2, 38 title 54, Idaho Code, designating said person as a licensed public accountant. 39 (164) "Licensee" means the holder of a current valid license.issued by40this state authorizing that person to practice public accountancy.41 (175) "Member" means alicensedperson who has been admitted to membership 42 in a firm which is organized as a limited liability company. 43(18) "Partnership" means an association of two (2) or more licensees to44carry on as co-owners a business for profit for the practice of public accoun-45tancy.46 (16) "Peer review" means a board approved study, appraisal or review of 47 one (1) or more aspects of the professional work of a licensee or firm that 48 performs attest or compilation services, by a person or persons licensed under 49 this chapter or by another state and who are independent of the licensee or 50 firm being reviewed. 51 (17) "Permit" means a permit to practice as a firm issued under corre- 52 sponding provisions of the laws of other states. 53 (198) "Person" means any natural living person. 54(20) "Practice of public accounting" means offering to perform or perform-55ing, for a client or potential client, one (1) or more types of services7 1involving the use of accounting or auditing skills, or one (1) or more types2of management, financial advisory or consulting services, or the preparation3of tax returns, or the furnishing of advice on tax matters, while holding4oneself out in such manner as to state or imply that one is a licensee.5(21) "Practice unit" means a firm with which a licensee engaged in the6practice of public accounting is affiliated, including a proprietorship, part-7nership, professional corporation or any other form of organization permitted8by Idaho law.9(22) "Professional corporation" means either:10(a) A professional public accounting corporation organized pursuant to11chapter 13, title 30, Idaho Code, or any other form of organization per-12mitted by Idaho law, the shareholders of which are all persons licensed as13certified public accountants or licensed public accountants; or14(b) A foreign corporation certified by the secretary of state to do busi-15ness in public accountancy in Idaho, provided that any officer, share-16holder, agent or employee of the corporation remains personally and fully17liable and accountable for any negligent or wrongful act or misconduct18committed by him, or by any person under his direct supervision and con-19trol, while rendering professional accounting services on behalf of the20corporation in the state of Idaho.21 (2319) "Professional services" meansanyservicesperformed or offered to22be performed by a licensee for a client in the course of the practice of pub-23lic accountancyarising out of or related to the specialized knowledge or 24 skills associated with certified public accountants or licensed public accoun- 25 tants. 26(24) "Proprietorship" means a business for the practice of public accoun-27tancy which is owned by a licensee.28(25) "Quality review" means a board approved study, appraisal or review of29one (1) or more aspects of the professional work of a practice unit by a per-30son or persons who are licensed under this chapter or by another state and who31are independent of the practice unit being reviewed.32 (260) "Report," when used with reference to financial statements, means an 33 opinion or other form of language that states or implies assurance as to the 34 reliability of any financial statements and that also includes or is accompa- 35 nied by any statement or implication that the person or firm issuing it has 36 special knowledge or competence in accounting or auditing. Such a statement or 37 implication of special knowledge or competence may arise from use by the 38 issuer of the report of names or titles indicating thathe or shethe person 39 or firm is an accountant or auditor, or from the language of the report 40 itself. The term "report" includes any form of language which disclaims an 41 opinion when such form of language is conventionally understood to imply any 42 positive assurance as to the reliability of the financial statements referred 43 to or special competence on the part of the person or firm issuing such lan- 44 guage; and it includes any other form of language that is conventionally 45 understood to imply such assurance or special knowledge or competence. 46(27) "Review" means performing inquiry and analytical procedures in accor-47dance with standards adopted by the AICPA that provide a reasonable basis for48expressing limited assurance that there are no material modifications that49should be made to financial statements in order for them to be in conformity50with generally accepted accounting principles or, if applicable, with another51comprehensive basis of accounting.52 (281) "State" means any state, territory or insular possessionof the 53 United States,orthe District of Columbia, Puerto Rico, the U.S. Virgin 54 Islands and Guam; except that "this state" means the state of Idaho. 55 (22) "Substantial equivalency" or "substantially equivalent" means a 8 1 determination by the board that the education, examination and experience 2 requirements contained in the statutes and administrative rules of another 3 jurisdiction are comparable to or exceed the education, examination and expe- 4 rience requirements for CPAs contained in this chapter or that an individual 5 licensee's education, examination and experience qualifications are comparable 6 to or exceed the education, examination and experience requirements for CPAs 7 contained in this chapter. 8 SECTION 6. That Section 54-207, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 54-207. LICENSE -- APPLICATION. (1) Any personmeeting the qualifications11as hereinafter provided, anddesiring a certificate and license(where appli-12cable),shall make a written application for such certificate and license to 13 the board, upon forms to be prescribed and furnished by the board. Such appli- 14 cation shall be filed and shall be accompanied by such fee as may be required 15 by rules of the board. 16 (2) In addition to meeting the qualifications provided elsewhere in this 17 chapter, before a certificate and license may be issued, a person desiring to 18 receive a certificate and license shall have satisfactorily completed a mini- 19 mum of one hundred fifty (150) semester hours, or two hundred twenty-five 20 (225) quarter hours, of college education, with a concentration in accounting, 21 auditing and business, including a baccalaureate or higher degree at a college 22 or university acceptable to the board, as established by rule. Satisfactory 23 evidence in the form of an official transcript received directly from the 24 school registrar indicating the credits and degree received shall be presented 25 to the board to demonstrate successful completion of these education require- 26 ments. 27 (3) The board may adopt rules allowing persons who met the education 28 requirements of section 54-208, Idaho Code, when they first sat for the exami- 29 nation to become licensed even though they do not meet the education require- 30 ments of this section. 31 SECTION 7. That Section 54-208, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 54-208. EXAMINATION -- EDUCATION -- QUALIFICATIONS. (1) An applicant for 34 admission to examination as a certified public accountant shall: 35 (a) Be eighteen (18) years of age or older, 36 (b) Be of good moral character, 37 (c) Be a resident, have been a resident, or intend to immediately become 38 a resident of the state of Idaho, 39 (d) Be approved by the board for admission to the examination, and 40 (e)Comply with subparagraph (i) or (iii) hereof; provided, however, that41subparagraphs (i) and (iii) hereof shall not apply to any applicant who42has qualified under prior existing law and has made written application to43the board and such application is on file with the board prior to the44effective date of this chapter.45(i)Provide sSatisfactory evidence in the form of an official tran- 46 script received directly from the school registrar indicatingthe47credits and degree received shall be presented to the board to demon-48stratesuccessful completion ofthe education requirements as estab-49lished in subparagraph (ii) hereofa baccalaureate degree or its 50 equivalent, the required credits and courses to be prescribed by the 51 rules of the board. Applicants who will complete the educational 9 1 requirements within ninety (90) days of the examinationshallmay be 2 allowed to sit for the examination provided that prior to the release 3 of examination grades satisfactory evidence is submitted verifying 4 that the required education was completed within ninety (90) days of 5 the examination. 6(ii) Education requirements. Until June 30, 2000, the board shall7require four (4) academic years of study for a baccalaureate degree8or its equivalent, the required credits and courses to be prescribed9by the rules of the board. After July 1, 2000, the board shall10require a minimum of one hundred fifty (150) collegiate level semes-11ter hours, or two hundred twenty-five (225) quarter hours, of educa-12tion, with a concentration in accounting, auditing and business,13including a baccalaureate degree or its equivalent at a college or14university acceptable to the board. The total educational program15shall include subjects and hours approved by the board, as estab-16lished by rule.17(iii) An applicant who is unable to meet the education requirements18specified in subparagraph (ii) hereof shall show, to the satisfaction19of the board, achievement of equivalency to the education require-20ments before and after July 1, 2000, as specified in subparagraph21(ii) hereof. Equivalency standards shall be established by board22rule.23 (2) The examination required to be passed as a condition to granting a 24 certificate shall be held at least twice each year, and shall test the 25 applicant's knowledge of the subjects of accounting and auditing, and such 26 other related subjects as the board may specify by rule, including, but not 27 limited to, business law and taxation. The time for holding such examination 28 shall be determined by the board and may be changed from time to time. The 29 board shall prescribe by rule the methods of applying for and conducting the 30 examination, including methods for grading and determining a passing grade 31 required of an applicant for a certificate; provided however, that the board 32 shall endeavor to assure that the examination itself, grading of the examina- 33 tion, and the passing grades, are uniform with those of other states. The 34 board may make use of all or any part of the uniform certified public accoun- 35 tant examination and advisory grading service of the AICPA and may contract 36 with third parties to perform such administrative services with respect to the 37 examination as it deems appropriate to assist it in performing its duties 38 hereunder. 39 (3) The board may charge, or provide for a third party administering the 40 examination to charge, each applicant a fee, in an amount prescribed by the 41 board by rule. 42 (4) None of the education requirements specified insubparagraph (i),43(ii) or (iii) hereofthis section shall apply to an applicant who is a 44 licensed public accountant pursuant to this chapter. 45 SECTION 8. That Section 54-209, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 54-209. EXPERIENCE. An applicant of good moral character who successfully 48 passes the examination, with standards no less than those prescribed by the 49 board's rules for examination of candidates in Idaho, and who fulfills the 50 requirements of section 54-207, Idaho Code, shall receive a license as a cer- 51 tified public accountant if the applicant has completed, or upon completion of52the following:53(1) The applicant, in obtaining experience, must be supervised by a cer-10 1tified public accountant who holds a current valid license in any state or by2a licensed public accountant who shall certify that experience obtained under3either subsection (a) or (b) of this section consists of one (1) or more types4of services involving the use of accounting or auditing skills, or one (1) or5more types of management or financial advisory or consulting skills, or the6preparation of tax returns or the furnishing of advice on tax matters.7(a) Two (2) years of full-time public accounting employment, or one thou-8sand nine hundred fifty-six (1,956) minimum hours per year; or9(b) Experience of a character and for a length of time which is, in the10opinion of the board, substantially equivalent to the requirements of sub-11section (a) of this section. Rules shall be adopted by the board estab-12lishing such experience levels.13(2) The board by order shall also have authority to approve programs with14private industry, nonprofit and governmental entities to establish acceptable15experience substantially equivalent to subsection (1)(a) of this sectionone 16 (1) year of experience. This experience shall include providing any type of 17 service or advice involving the use of accounting, attest, compilation, man- 18 agement advisory, financial advisory, tax or consulting skills -- all of which 19 have been verified by a licensee, meeting requirements prescribed by the board 20 by rule. This experience may be gained through employment in government, 21 industry, academia or public practice. 22 SECTION 9. That Section 54-210, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 54-210. RECIPROCITY -- TRANSFER OF EXAMINATION GRADES -- FOREIGN RECI- 25 PROCITY -- QUALIFICATIONS. (1) A person whose certificate and license have 26 been granted by another state, whose principal place of business is located in 27 this state, shall obtain a license by reciprocity from the board before pro- 28 viding professional services in this state. 29 (2) An applicant for certificate and license by reciprocity to practice 30 as a certified public accountant in Idaho must: 31 (a) Be eighteen (18) years of age or older; 32 (b) Be of good moral character; 33 (c) Have obtained the education and passed the uniform CPA examination 34 with standards no less than those required in Idaho. The requirements of 35 education and the Idaho standards relating to passage of the uniform CPA 36 examination shall be waived if the applicant has no less thanfivefour 37 (54) years' experience as determined by the board, provided that the expe- 38 rience or its equivalent was obtained after original licensure as a certi- 39 fied public accountant and within the ten (10) years immediately preceding 40 the reciprocity application; and 41 (d) Have completed the necessary experience, continuing professional edu- 42 cation, and board approved ethics examination required for issuance of a 43 licenseto practice public accountingin Idaho and hold a current license 44 in good standing in another licensing jurisdiction. 45 (23) An applicant for certificate and license to practice as a certified 46 public accountant in Idaho by transfer of examination grades from another 47 licensing jurisdiction must: 48 (a) Be eighteen (18) years of age or older; 49 (b) Be of good moral character; 50 (c) Have obtained the necessary education and have passed the uniform CPA 51 examination with standards no less than those prescribed by the board's 52 rules for examination candidates in Idaho; and 53 (d) Possess experience qualifications as required under section 54-209, 11 1 Idaho Code. 2 (4) The board shall issue a certificate and license to a holder of a sub- 3 stantially equivalent designation issued by a foreign country, provided that: 4 (a) The foreign authority which granted the designation makes similar 5 provision to allow a person who holds a valid certificate and license 6 issued by this state to obtain such foreign authority's comparable desig- 7 nation; and 8 (b) The designation: 9 (i) Was duly issued by an authority of a foreign country which reg- 10 ulates the practice of public accountancy and has not expired or been 11 revoked or suspended; 12 (ii) Entitles the holder to issue reports upon financial statements; 13 and 14 (iii) Was issued upon the basis of substantially equivalent educa- 15 tional, examination and experience requirements established by the 16 foreign authority or by law; and 17 (c) The applicant: 18 (i) Received the designation, based on educational and examination 19 standards substantially equivalent to those in effect in this state, 20 at the time the foreign designation was granted; 21 (ii) Completed an experience requirement, substantially equivalent 22 to the requirements set out in this chapter, in the jurisdiction 23 which granted the foreign designation or has completed four (4) years 24 of professional experience in this state; or meets equivalent 25 requirements prescribed by the board by rule, within the ten (10) 26 years immediately preceding the application; and 27 (iii) Passed a uniform qualifying examination in national standards 28 acceptable to the board. 29 SECTION 10. That Section 54-211, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 54-211. LICENSES -- LICENSING PERIOD -- REINSTATEMENT --VOLUNTARY SUS-32PENSIONINACTIVE LICENSES -- RETIREMENT -- FEES. (1) The board shall issue 33 original certificates and licenses, and renewal and reinstatement licenses to 34 practice as a certified public accountant, and renewal and reinstatement 35 licenses to practice as a licensed public accountant to persons who have 36 qualified therefor in accordance with the provisions of this chapter and the 37 rules of the board. A certificate and license, once issued, shall continue in 38 effect so long as the holder thereof complies with the provisions of this 39 chapter and the rules and orders of the board. 40 (a) Original. The board shall collect an original license fee upon board 41 approval of an original license to practice as a certified public accoun- 42 tant in the state of Idahoin an amount not to exceed two hundred dollars43($200)as set forth in section 54-212, Idaho Code, and as prescribed by 44 the rules of the board. Those individuals meeting the requirements for 45 original licensure in Idaho, pursuant to the provisions of this chapter 46 and the rules of the board, shall be issued a license effectiveuntil the47end of the fiscal year, which shall extend from July 1 through June 30, in48which the original license was grantedfor no more than twelve (12) 49 months. The license shall then be subject to annual renewal. 50 (b) Renewal. The board shall collect an annual license fee from all 51 licenseesby July 1 ofeach yearin an amount not to exceed two hundred52dollars ($200)as set forth in section 54-212, Idaho Code, and as pre- 53 scribed by the rules of the board. Those persons meeting the requirements 12 1 ofsubparagraphs (i), (ii), (iii) and (iv) ofthis subsection for license 2 renewal shall be issued a license effective for a period of one (1) year 3through the last day of Juneafter its issuance. Requirements include: 4 (i) Good moral character; 5 (ii) Completion of continuing professional education as specified by 6 the board's rules; 7 (iii) Identification, in the renewal application, of thepractice8unitfirm with which the licensee is affiliated; and 9 (iv) Where applicable, verification of satisfactory completion of a 10qualitypeer review program by thepractice unitfirm with which the 11 licensee is affiliated, pursuant to section 54-214, Idaho Code, and 12 the rules prescribed by the board. Any licensee who performs compila- 13 tion services for the public other than through a firm must undergo 14 no more frequently than once every three (3) years, a peer review 15 conducted in accordance with rules prescribed by the board, and such 16 review shall include verification that such licensee has met the com- 17 petency requirements set out in professional standards for such ser- 18 vice. 19 (c) Inactive status. Any licensee in current compliance with the provi- 20 sions of this chapter who chooses not topractice or hold himself or her-21self out to provide work or services as a certified public accountant or22licensed public accountantperform or offer to perform for the public one 23 (1) or more kinds of attest or compilation services may apply tosuspend24 place his or her license in inactive status.An individual who holds out25or practices public accounting, as defined in section 54-206, Idaho Code,26shall not qualify for inactive statusThe annual renewal fee for inactive 27 status shall be as set forth in section 54-212, Idaho Code, and as pre- 28 scribed by the rules of the board. Licensees with inactive status must 29 place the word "inactive" adjacent to their CPA or LPA title on any busi- 30 ness card, letterhead or any other document or device when using the 31 title, with the exception of their certificate on which their title 32 appears. 33 (d) Retired. After a person reaches the age of sixty (60) years, or in 34 the event of a disability preventing continued practice, the certificate 35 of a certified public accountant or licensed public accountant,may,upon 36 application to the board by the holder, may be placed by the board in 37 retired status. Retired status shall allow the holder to retain the wall 38 certificate and remain on the board's mailing list. The annual renewal fee 39 for retired status shallnot exceed fifty dollars ($50.00)be as set forth 40 in section 54-212, Idaho Code, and as prescribed by the rules of the 41 board. Licensees with retired status must place the word "retired" adja- 42 cent to their CPA or LPA title on any business card, letterhead or any 43 other document or device when using the title, with the exception of their 44 certificate on which their title appears. An individual whoholds out or45practices public accounting, as defined in section 54-206, Idaho Code,46 performs or offers to perform for the public attest or compilation ser- 47 vices shall not qualify for retired status. 48 (e) Reinstatement. Any certificate and license suspended for nonpayment 49 of the annual renewal fee, or a certificate in retired or inactive status, 50 may be reinstated upon completion of an application supplied by the board 51 along with payment of a reinstatement feein an amount not to exceed five52hundred dollars ($500),as set forth in section 54-212, Idaho Code, and as 53 prescribed by the rules of the board. In addition, the board shall require 54 the applicant to meet the qualifications ofsubparagraphs (i), (ii), (iii)55and (iv) ofsubsection (b) of this section. Reinstatement following invol- 13 1 untary suspension shall be governed by the terms of the board's order of 2 involuntary suspension. 3 (2) Applicants for initial issuance orrenewalreinstatement of licenses 4 under this section shall in their application list all states in which they 5 have applied for or hold a licenseto practice public accountancyand list any 6 past denial, revocation or suspension of a certificate, license or permit. 7 (3) Applicants and licensees shall notify the board in writing, within 8 thirty (30) days after its occurrence of: 9 (a) Any felony charges; or 10 (b) The issuance, denial, restriction, revocation or suspension of a cer- 11 tificate, license or permit by another state or by any federal agency. 12 SECTION 11. That Section 54-212, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 54-212. GENERAL FEES. The board, as prescribed by its rules, may charge 15 an amount not to exceed: 16 (1)Three hundred dollars ($300)One thousand dollars ($1,000) for exami- 17 nation.or application for licensure.18 (2) Three hundred dollars ($300) for licensure application or license 19 renewal. 20 (3) Twenty-five dollars ($25.00) for any certificate, original or 21 replacement, to be issued as herein provided. 22 (34) Fifty dollars ($50.00) for administrative services, including, but 23 not limited to,review of examination papersmailing lists and release of 24 information to other boards for purposes of licensure. 25 (5) One hundred dollars ($100) for retired or inactive status licenses. 26 (6) Five hundred dollars ($500) for license reinstatement. 27 (47) Three hundred dollars ($300) for late fees, including late filing of 28 the annual license renewal. 29 (58) Three hundred dollars ($300) for late fees, including late filing of 30 the continuing professional education report. 31(6) Two hundred dollars ($200) for temporary practice registration.32 (79) Two hundred dollars ($200) forpractice unitfirm registration. 33 (10) Fifty dollars ($50.00) for notification of intent to enter the state 34 pursuant to section 54-227, Idaho Code. 35 SECTION 12. That Section 54-213, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 54-213. GRANDFATHER CLAUSE. Individuals who, on July 1,19932002, hold 38 certified public accountant and licensed public accountant licenses heretofore 39 issued under the laws of this state, shall, for all purposes, be considered 40 licensees under this chapter and subject to the provisions thereof. 41 SECTION 13. That Section 54-214, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 54-214.QUALITY REVIEW -- PRACTICE UNITFIRM REGISTRATION -- PEER 44 REVIEW. (1)All individuals engaged in the practice of public accounting shall45be affiliated with a practice unit. All practice units engaged in practice in46this state shall be required to register with the board on an annual basis.47When registering annually, each practice unit shall indicate if it issues48reports on financial statements.49The board may require by rule that all practice units issuing reports14 1undergo quality reviews, on either a uniform or random basis, conducted no2more frequently than once every three (3) years in such manner and producing3such satisfactory results as the board may specify; provided however, that any4rule imposing such requirement shall be adopted reasonably in advance of the5time when compliance is required and shall include reasonable provision for6compliance by a practice unit if it shows that it has undergone a satisfactory7quality review performed for other purposes which was substantially equivalent8to quality reviews generally required pursuant to this subsection and comple-9tion of such review was within the three (3) years immediately preceding the10registration periodThe board shall register firms that make application and 11 demonstrate their qualifications therefor in accordance with the following 12 subsections of this section or to firms originally licensed in another state 13 that establish an office in this state. A firm must be registered with the 14 board in order to provide attest or compilation services or in order to use 15 the titles "CPAs," "CPA firm," "LPAs" or "LPA firm." Firms must register with 16 the board annually in such form and between such dates as the board may spec- 17 ify by rule. The board may charge a fee for each registration for initial 18 issuance or renewal of a registration under this section as set forth in sec- 19 tion 54-212, Idaho Code, and as prescribed by the rules of the board. 20 (2)Information discovered solely as a result of a practice unit's qual-21ity review shall not be grounds for suspension or revocation of a licenseAn 22 applicant for initial registration or renewal of a registration to practice 23 under this section shall demonstrate that: 24 (a) Notwithstanding any other provision of law, a simple majority of the 25 beneficial ownership of the firm belongs to holders of a certificate who 26 are licensed in some state, and such partners, officers, shareholders, 27 members or managers, whose principal place of business is in this state, 28 and who perform professional services in this state, hold a valid certifi- 29 cate and license issued by this state. Although a firm may include 30 nonlicensee owners the firm and its ownership must comply with rules pro- 31 mulgated by the board. 32 (b) Any firm may include nonlicensee owners provided that: 33 (i) The firm designates a licensee of this state, who is responsi- 34 ble for the proper registration of the firm and identifies that indi- 35 vidual to the board. 36 (ii) All nonlicensees are active individual participants in the firm 37 or affiliated entities. 38 (iii) The firm complies with such other requirements as the board may 39 impose by rule. 40 (c) Any licensee who is responsible for supervising attest or compilation 41 services or who signs or authorizes someone to sign a report on financial 42 statements on behalf of the firm, shall meet the competency requirements 43 of the professional standards for such services. 44 (3)Each practice unit shall be required to show that each owner, part-45ner, officer, member or shareholder who regularly works in this state, and46each employee holding a certificate who regularly works in this state holds a47valid individual license to practice issued under the provisions of this chap-48ter and that each nonresident partner, officer, member or shareholder holds a49certificate and is licensed to practice public accountancy in some other state50 Firms registered to practice under this section shall be required to register 51 each office of the firm within this state with the board and to show that all 52 attest and compilation services rendered in this state are under the charge of 53 a person holding a valid certificate and license issued by this state or some 54 other state. 55 (4)Each practice unit shall be required to register each office of the15 1firm within this state with the board and to show that each such office is2under the charge of a person holding a valid license to practice issued under3the provisions of this chapter or the corresponding provision of prior lawA 4 firm registering under this section shall list all states in which it has 5 applied for or holds permits as a firm and list any past denial, revocation or 6 suspension of a permit by any other state. Each firm registered under this 7 section shall notify the board in writing, within thirty (30) days following 8 any change in the identities of partners, officers, shareholders or members 9 whose principal place of business is in this state, any change in the number 10 or location of offices within this state, any change in the identity of the 11 persons in charge of such offices, and any issuance, denial, revocation or 12 suspension of a permit by any other state. 13 (5) Firms which fall out of compliance with the provisions of this sec- 14 tion due to changes in firm ownership or personnel, after registration, shall 15 take corrective action to bring the firm back into compliance as quickly as 16 possible. The board may grant a reasonable period of time for a firm to take 17 such corrective action. Failure to bring the firm back into compliance within 18 a reasonable period as defined by the board may result in penalties as pre- 19 scribed by board rule. 20 (6) As a condition of registration renewal under this section, the board, 21 by rule, shall require firms to undergo, no more frequently than once every 22 three (3) years, peer reviews conducted as specified by rule. Such review 23 shall include a verification that individuals in the firm who are responsible 24 for supervising attest and compilation services and who sign or authorize 25 someone to sign a report on financial statements on the behalf of the firm 26 meet the competency requirements set out in the professional standards for 27 such services. The rules concerning peer review shall require: 28 (a) Peer reviews to be subject to oversight by an oversight body estab- 29 lished by board rule which will periodically report to the board on the 30 effectiveness of the review program under its charge, and provide to the 31 board a listing of firms that have participated in a peer review program 32 that is satisfactory to the board; and 33 (b) The peer review processes to be operated and documents maintained in 34 a manner designed to preserve confidentiality, and that neither the board 35 nor any third party, other than the oversight body, shall have access to 36 documents furnished or generated in the course of the review. 37 (7) Information discovered solely as a result of a firm's peer review 38 shall not be grounds for suspension or revocation of a license. 39 SECTION 14. That Sections 54-215 and 54-216, Idaho Code, be, and the same 40 are hereby repealed. 41 SECTION 15. That Section 54-218, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 54-218.PROHIBITION --ACCEPTANCE OF COMMISSIONS AND CONTINGENT FEES. (1) 44 A licenseeengaged in the practice of public accounting or who holds out as a45certified public accountant or as a licensed public accountant shall not pay a46commission to obtain a client, nor accept a commission for a referral to a47client of products or services of others. This does not prohibit payments for48the purchase of all, or a material part, of an accounting practice, or retire-49ment payments to persons formerly engaged in the practice of public accoun-50tancy, or payments to the heirs or estates of such personsmay accept a com- 51 mission or referral fee unless prohibited by this section. 52 (a) A licensee shall not for a commission recommend or refer to a client 16 1 any product or service, or for a commission recommend or refer any product 2 or service to be supplied by a client, or receive a commission, when the 3 licensee or the licensee's firm also performs for that client: 4 (i) An attest service; or 5 (ii) A compilation when the licensee expects, or reasonably might 6 expect, that a third party will use the compilation and the compila- 7 tion report does not disclose a lack of independence. 8 (b) A licensee who is not prohibited by this section from performing ser- 9 vices for or receiving a commission and who is paid or expects to be paid 10 a commission shall disclose in writing that fact to any person or entity 11 to whom the licensee recommends or refers a product or service to which 12 the commission relates. 13 (c) Any licensee who accepts a referral fee for recommending or referring 14 any service of a licensee to any person or entity or who pays a referral 15 fee to obtain a client shall disclose such acceptance or payment to the 16 client in writing. 17 (2) A licenseeengaged in the practice of public accounting or who holds18out as a certified public accountant or as a licensed public accountant shall19not offer or perform professional services for a fee which is contingent upon20the findings or results of such services; provided however, that this does not21apply to professional services involving federal, state or other taxes in22which the findings are those of the tax authorities and not those of the23licensee, nor does it apply to professional services for which the fees are24fixed by courts or other public authorities, and which are indeterminate in25amount at the time the professional services are undertakenmay accept a con- 26 tingent fee which is disclosed to the client in writing unless prohibited by 27 this section. 28 (a) A licensee shall not perform for a contingent fee any professional 29 service for, or receive such a fee from, a client for whom the licensee or 30 the licensee's firm performs: 31 (i) An attest service; or 32 (ii) A compilation, when the licensee expects, or reasonably might 33 expect, that a third party will use the compilation and the compila- 34 tion report does not disclose a lack of independence. 35 (b) A licensee shall not prepare an original or amended tax return or 36 claim for a tax refund for a contingent fee for any client. 37 (c) Except as stated in the next sentence, a contingent fee is a fee 38 established for the performance of any service pursuant to an arrangement 39 in which no fee will be charged unless a specified finding or result is 40 attained, or in which the amount of the fee is otherwise dependent upon 41 the finding or result of such service. Solely for purposes of this sec- 42 tion, fees shall not be regarded as contingent if fixed by courts or other 43 public authorities or, in tax matters, if determined based on the results 44 of judicial proceedings or the findings of governmental agencies. A 45 licensee's fees may vary depending, for example, on the complexity of ser- 46 vices rendered. 47 (3) The prohibitions contained in this section shall apply during the 48 period in which the licensee is engaged to perform any of the services listed 49 herein and the period covered by any historical financial statements involved 50 in any such listed services. 51 SECTION 16. That Section 54-219, Idaho Code, be, and the same is hereby 52 amended to read as follows: 53 54-219. LICENSE -- RESTRICTION, REVOCATION, SUSPENSION OR DENIAL -- 17 1 CAUSES -- COST RECOVERY -- ADMINISTRATIVE PENALTIES. (1) After notice and 2 opportunity for hearing in accordance with the provisions of chapter 52, title 3 67, Idaho Code, for cause shown, the board may revoke, suspend, refuse to 4 renew, administratively penalize, reprimand, restrict or place on probation 5 the holder of a certificate or license, or refuse to issue any certificate or 6 any license to an applicant, for any one (1) of the following causes: 7 (a) Any false statement with the intent to mislead or deceive the board 8 or its members inor inconnection with any application; or, cheating or 9 any attempt to cheat in an examination. 10 (b) Fraud or deceit in obtaining or renewing a certificateandor license 11 to practice as a certified public accountant or licensed public accountant 12 under the provisions of this chapter. 13 (c) Dishonesty, fraud or gross negligence in thepractice of public14accountingperformance of professional services as a licensee or individ- 15 ual granted privileges under section 54-227, Idaho Code, or in the filing 16 or failure to file his own income tax returns. 17 (d) Violation of any provision of this chapter, or any rule adopted by 18 the board under authority granted by this chapter, or an order of the 19 board directed specifically to the licensee. 20 (e) Conviction of or a guilty plea to a felony under the laws of any 21 state or of the United States. 22 (f) Conviction of or a guilty plea to any crime involving moral turpi- 23 tude, an element of which is dishonesty or fraud, under the laws of any 24 state or of the United States. 25 (g)PracticingRepresenting oneself as a certified public accountant or 26 licensed public accountant during any period in which the license of the 27 person so practicing has been suspended or revoked by the board. 28 (h) Cancellation, revocation, suspension or refusal to renew or grant a 29certificate or authority to practice as a certified public accountant or30licensed public accountantlicense or privileges under section 54-227, 31 Idaho Code, for disciplinary reasons by any other state,for any cause. 32other than failure to pay an annual registration or license fee in such33other state.34 (i) Practicing as a certified public accountant or licensed public 35 accountant under a false or assumed name; provided, however, this subsec- 36 tion shall have no application to practicing as a certified public accoun- 37 tant or licensed public accountant under the name of apractice unitfirm, 38 when such style or name is in conformity with a type or form approved by 39 the rules of the board. 40 (j) Habitual use of drugs or intoxicants to such a degree as to render 41 the licensee unreliable and unfit to practice as a certified public 42 accountant or licensed public accountant. 43 (k) Suspension or revocation of the right to practice before any agency 44 of the United States government or of the state of Idaho, for any cause 45 other than failure to pay a registration or similar fee. 46 (l) Having been declared mentally incompetent by a court of competent 47 jurisdiction; provided, however, that when a person's license shall have 48 been revoked or suspended for this cause, such license shall be reinstated 49 by the board when said disability is judicially removed. 50 (m) Nonpayment of the annual license fee required by this chapter, said 51 nonpayment having continued for a period of thirty (30) days after the 52 expiration of the previous license. 53 (n)Holding outRepresenting oneself as qualified or authorized to prac- 54 tice as a certified public accountant or licensed public accountant in 55 this state, or practicing public accountancywithout holding a current, 18 1 valid, unrevoked and unsuspended certificate and licenseissued by the2boardor privileges under section 54-227, Idaho Code. 3 (o) Performance of any fraudulent act while holding a certificate, 4 license, permit or privileges under this chapter. 5 (p) Any conduct reflecting adversely upon the licensee's fitness to per- 6 form services while a licensee, or individual granted privileges under 7 section 54-227, Idaho Code. 8 (2) The expenses, including attorney's fees, incurred by the board for 9 any or all proceedings initiated against a person for violation of any of the 10 provisions of this chapter may be charged against such person by the board, 11 upon the finding of a violation of this chapter, in addition to any adminis- 12 trative penalties which may be levied by the board against such person. Admin- 13 istrative penalties levied by the board shall not exceedonetwo thousand five 14 hundred dollars ($1,02,500) per violation. 15 (3) In lieu of or in addition to any remedy specifically provided, the 16 board may require of a licensee or apractice unitfirm: 17 (a) Aqualitypeer review conducted in such fashion as the board may 18 specify; 19 (b) Preissuance review; 20 (c) Satisfactory completion of such continuing professional education 21 programs or examinations as the board may specify; and 22 (d) Other similar remedies. 23 (4) In any action brought under the provisions of this chapter, evidence 24 of the commission of a single act prohibited in this chapter shall be suffi- 25 cient to justify a suspension, revocation, fine, administrative penalty, 26 restriction, reprimand, injunction, restraining order, conviction or any other 27 remedy authorized in this chapter. Evidence of a general course of conduct 28 shall not be required. 29 SECTION 17. That Section 54-220, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 54-220. USE OF TITLE -- VALID LICENSE TO PRACTICE. (1) No person shall 32 assume or use the title or designation "certified public accountant" or 33 "licensed public accountant" or any other title, designation, words, letters, 34 abbreviations, sign, card or device tending to indicate that such person is a 35 certified public accountant or licensed public accountant unless such person 36 holds a license or is granted privileges as a certified public accountant or 37 licensed public accountant pursuant to chapter 2, title 54, Idaho Code. 38 (2) No person, proprietorship, partnership or corporationor firm not 39 licensed, granted privileges or registered pursuant to this chapter shall 40 assume or use the title or designation "certified accountant," "chartered 41 accountant," "public accountant," "enrolled accountant," "licensed accoun- 42 tant," "registered accountant," "accredited accountant,""accountant,"43"auditor"or other titles,or designationor abbreviationlikely to be con- 44 fused with the titles "certified public accountant" or "licensed public 45 accountant." or use any of the abbreviations "CA," "LA," "LPA," "CPA," "RA," 46 "AA," or similar abbreviation likely to be confused with the abbreviations 47 "CPA" or "LPA." The title "enrolled agent" or "EA" may only be used by indi- 48 viduals so designated by the internal revenue service. Notwithstanding the 49 provisions of this section, the board may adopt rules authorizing and limiting 50 the use of specific titles and designations granted by recognized professional 51 societies or associations. 52 (3) No person, proprietorship, partnership or corporation not licensed or 53 registered pursuant to this chapter shall assume or use any title or designa- 19 1 tion that includes the words "accountant," "auditor" or "accounting" in con- 2 nection with any other language, including the language of a report, that 3 implies that such person, proprietorship, partnership or corporation is so 4 licensed or registered or has special competence as an accountant or auditor; 5 provided however, that this subsection does not prohibit any officer, partner, 6 member or employee of any organization from affixing his signature to any 7 statement in reference to the financial affairs of such organization with any 8 wording designating the position, title or office that he holds therein nor 9 prohibit any act of a public official or employee in the performance of his 10 duties as such. 11 (4) No business entity shall provide attest or compilation services or 12 assume or use the title "certified public accountants" or "licensed public 13 accountants" or the abbreviation "CPAs," "LPAs" or any other title, designa- 14 tion, words, letters, abbreviations, sign, card or device tending to indicate 15 that such business entity is a firm unless: (a) the business entity is a firm 16 registered pursuant to this chapter, and (b) ownership of the firm is in 17 accord with this chapter and rules promulgated by the board. 18 SECTION 18. That Section 54-221, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 54-221. ISSUANCE OF A REPORT. (1) Onlythose practice units registered21pursuant to this chapterlicensees shall issue a report on the financial 22 statements of any other person, firm, organization or governmental unit or 23 offer to render or render any attest or compilation service, as defined 24 herein. This prohibition does not apply to any officer, partner, employee or 25 member of any organization affixing their signature to any statement or report 26 in reference to the financial affairs of such firm or organization with any 27 wording designating the position, title or office that they hold therein; nor 28 prohibit any act of a public official or employee in the performance of their 29 duties as such; nor prohibit the performance by any person of other services 30 involving the use of accounting skills, including the preparation of tax 31 returns, management, financial advisory or consulting services, and the prepa- 32 ration of financial statements without the issuance of reports, as defined in 33 section 54-206, Idaho Code. 34 (2) The prohibition contained in subsection (1) of this section is appli- 35 cable to issuance, by a person or firm not holding a valid license, of a 36 report using any form of language conventionally used by licensees respecting 37 a review of financial statements or respecting a compilation of financial 38 statements. 39 (3)No corporation shall affix its name to a report on the financial40statements of any other person, firm, organization or governmental unit unless41it is a professional public accounting corporation, as defined in section4254-206, Idaho CodeNo licensee or individual granted privileges under section 43 54-227, Idaho Code, shall perform attest services through any form of business 44 that is not registered under the provisions of section 54-214, Idaho Code, or 45 an equivalent provision of the laws of another state. 46 (4)No firm of any kind or nature shall affix its name to a report on the47financial statements of any other person, firm, organization or governmental48unit unless all of its owners, partners, officers, shareholders or members who49regularly work in the state of Idaho are themselves persons licensed as certi-50fied public accountants or licensed public accountants pursuant to this chap-51ter, and all other partners, officers, shareholders or members are persons52licensed as certified public accountants or licensed public accountants in53some other stateNo licensee shall issue a compilation report through any form 20 1 of business that is not registered under the provisions of section 54-214, 2 Idaho Code, unless the report discloses the name of the business through which 3 the individual is issuing the report, and the individual: 4 (a) Signs the compilation report identifying the individual as a CPA or 5 LPA; 6 (b) Meets the competency requirements provided in this chapter and by 7 board rule; and 8 (c) Undergoes no less frequently than once every three (3) years, a peer 9 review conducted in such manner as the board shall by rule specify, and 10 such review shall include verification that such individual has met the 11 competency requirements set out in professional standards for such ser- 12 vices. 13 (5) A licensee or firm that does not issue reports may issue financial 14 statements without reports only if the financial statements include the dis- 15 claimer language of section 54-226(3), Idaho Code. 16 SECTION 19. That Chapter 2, Title 54, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 18 ignated as Section 54-227, Idaho Code, and to read as follows: 19 54-227. SUBSTANTIAL EQUIVALENCY. (1) A person whose principal place of 20 business is not in this state and who has a valid certificate and license as a 21 certified public accountant from any state which the board has determined to 22 be substantially equivalent to this chapter shall be presumed to have qualifi- 23 cations substantially equivalent to this state's requirements and shall have 24 all the privileges of licensees of this state without the need to obtain a 25 license. However, such persons shall notify the board of their intent to enter 26 the state under this provision. 27 (2) A person whose principal place of business is not in this state and 28 who has a valid certificate and license as a certified public accountant from 29 any state which the board has not determined to be substantially equivalent to 30 this chapter shall be presumed to have qualifications substantially equivalent 31 to this state's requirements and shall have all the privileges of licensees of 32 this state without the need to obtain a license only if such person demon- 33 strates that his or her qualifications are substantially equivalent to the 34 licensure requirements of this chapter. Such persons shall notify the board of 35 their intent to enter the state under this provision in the manner provided by 36 rules of the board. The board may charge a fee for such notification as set 37 forth in section 54-212, Idaho Code, and as prescribed by rules of the board. 38 (3) Licensees of other states exercising the privilege afforded under 39 this section hereby consent, as a condition of the grant of this privilege: 40 (a) To the personal and subject matter jurisdiction and disciplinary 41 authority of the board; 42 (b) To comply with this chapter and the board's rules; and 43 (c) To the appointment of the state boards which issued their licenses as 44 their agents upon whom process may be served in any action or proceeding 45 by this state's board against such licensees. 46 (4) A licensee of this state offering or rendering services or using the 47 CPA title in another state shall be subject to disciplinary action in this 48 state for an act committed in another state for which the licensee would be 49 subject to discipline for an act committed in another state. Notwithstanding 50 the board's enforcement authority granted by this chapter, the board shall 51 investigate any complaint made by the board of accountancy of another state. 52 SECTION 20. That Chapter 2, Title 54, Idaho Code, be, and the same is 21 1 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 2 ignated as Section 54-228, Idaho Code, and to read as follows: 3 54-228. CONSTRUCTION -- SEVERABILITY. The provisions of this chapter are 4 hereby declared to be severable and if any provision of this chapter or the 5 application of such provision to any person or circumstance is declared 6 invalid for any reason, such declaration shall not affect the validity of the 7 remaining portions of this act.
STATEMENT OF PURPOSE RS 1l4O5Cl This legislation would modernize the regulation of the practice of accounting in Idaho. Based on the Uniform Accountancy Act which was developed by the American Institute of CPAs and the National Association of State Boards of Accountancy, this legislation moves toward a regulatory framework which is more consistent with other states. It would remove existing barriers accountants face in practicing in Idaho and, by allowing reciprocal practice rights to people who are licensed in states with substantially equivalent requirements, would facilitate the interstate practice of accounting for accountants licensed in Idaho and elsewhere, recognizing that many clients who need accounting services operate in more than one state. It would also afford the State Board of Accountancy the ability to protect the public interest by monitoring and regulating the practice of accounting in Idaho by accountants whose businesses are not located in this state. FISCAL IMPACT This bill will have no impact on the General Fund. Contact Name: Ken McClure, Givens Pursley LLP Phone: 388-1200 Melissa Nelson, Idaho Society of CPAs, 344 6261 Barbara Porter, State Board of Accountancy, 334 2490 STATEMENT OF PURPOSE/FISCAL NOTE H 485