MD
Maryland Senate Bill SB148

Maryland 2025 Regular Session

Maryland Senate Bill SB148 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 Underlining indicates amendments to bill.
66 Strike out indicates matter stricken from the bill by amendment or deleted from the law by
77 amendment.
8- Italics indicate opposite chamber/conference committee amendments.
98 *sb0148*
109
1110 SENATE BILL 148
12-C3 (5lr1598)
13-ENROLLED BILL
14-— Education, Energy, and the Environment/Economic Matters —
15-Introduced by Senator Ellis
16-
17-Read and Examined by Proofreaders:
18-
19-_______________________________________________
20-Proofreader.
21-_______________________________________________
22-Proofreader.
23-
24-Sealed with the Great Seal and presented to the Governor, for his approval this
25-
26-_______ day of _______________ at __ ______________________ o’clock, ________M.
27-
28-______________________________________________
29-President.
11+C3 5lr1598
12+ (PRE–FILED) CF HB 427
13+By: Senator Ellis
14+Requested: October 31, 2024
15+Introduced and read first time: January 8, 2025
16+Assigned to: Education, Energy, and the Environment
17+Committee Report: Favorable with amendments
18+Senate action: Adopted
19+Read second time: February 27, 2025
3020
3121 CHAPTER ______
3222
3323 AN ACT concerning 1
3424
3525 State Board of Public Accountancy – Emeritus Status 2
3626
3727 FOR the purpose of authorizing the State Board of Public Accountancy to place a licensee 3
3828 on emeritus status under certain circumstances; requiring the Board to reinstate the 4
3929 license of an individual who is on emeritus status under certain circumstances; and 5
4030 generally relating to the State Board of Public Accountancy and emeritus status. 6
4131
4232 BY repealing and reenacting, with amendments, 7
4333 Article – Business Occupations and Professions 8
4434 Section 2–311(a), 2–314, 2–601, and 2–603 9
4535 Annotated Code of Maryland 10
4636 (2018 Replacement Volume and 2024 Supplement) 11
4737
4838 BY adding to 12
49- Article – Business Occupations and Professions 13 2 SENATE BILL 148
39+ Article – Business Occupations and Professions 13
40+ Section 2–313.1 14
41+ Annotated Code of Maryland 15
42+ (2018 Replacement Volume and 2024 Supplement) 16
43+
44+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
45+That the Laws of Maryland read as follows: 18
46+
47+Article – Business Occupations and Professions 19
48+ 2 SENATE BILL 148
5049
5150
52- Section 2–313.1 1
53- Annotated Code of Maryland 2
54- (2018 Replacement Volume and 2024 Supplement) 3
51+2–311. 1
5552
56- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
57-That the Laws of Maryland read as follows: 5
53+ (a) (1) THIS SUBSECTION DOES NOT APPLY TO A CERTI FIED PUBLIC 2
54+ACCOUNTANT WHO IS ON EMERITUS STATUS UNDE R § 2–313.1 OF THIS SUBTITLE. 3
5855
59-Article – Business Occupations and Professions 6
56+ (2) Unless a license is renewed for a 2–year term as provided in this 4
57+section, the license expires on the first December 31 that comes: 5
6058
61-2–311. 7
59+ [(1)] (I) after the effective date of the license; and 6
6260
63- (a) (1) THIS SUBSECTION DOES NOT APPLY TO A CERTI FIED PUBLIC 8
64-ACCOUNTANT WHO IS ON EMERITUS STATUS UNDE R § 2–313.1 OF THIS SUBTITLE. 9
61+ [(2)] (II) in an even–numbered year. 7
6562
66- (2) Unless a license is renewed for a 2–year term as provided in this 10
67-section, the license expires on the first December 31 that comes: 11
63+2–313.1. 8
6864
69- [(1)] (I) after the effective date of the license; and 12
65+ (A) THE BOARD MAY PLACE A LIC ENSEE ON EMERI TUS STATUS, IF THE 9
66+LICENSEE SUBMITS TO THE BOARD AN APPLICATION FOR EMERITUS STATUS ON THE 10
67+FORM REQUIRED BY THE BOARD. 11
7068
71- [(2)] (II) in an even–numbered year. 13
69+ (B) THE BOARD SHALL PLACE A L ICENSEE ON EMERITUS STATUS IF THE 12
70+INDIVIDUAL: 13
7271
73-2–313.1. 14
72+ (1) HAS AN ACTIVE OR INA CTIVE LICENSE TO PRA CTICE CERTIFI ED 14
73+PUBLIC ACCOUNTANCY U NDER THIS SUBTITLE ; 15
7474
75- (A) THE BOARD MAY PLACE A LIC ENSEE ON EMERITUS ST ATUS, IF THE 15
76-LICENSEE SUBMITS TO THE BOARD AN APPLICATION FOR EMERITUS STATUS ON THE 16
77-FORM REQUIRED BY THE BOARD. 17
75+ (2) IS NOT UNDER INVESTI GATION BY THE BOARD FOR A VIOLATION 16
76+OF THIS TITLE OR A COMPARABLE BODY OF ANOTHER STATE FOR A VIOLATION OF A 17
77+PROVISION THAT IS CO MPARABLE TO A PROVIS ION OF THIS TITLE; 18
7878
79- (B) THE BOARD SHALL PLACE A L ICENSEE ON EMERITUS STATUS IF THE 18
80-INDIVIDUAL: 19
79+ (3) IS NOT THE SUBJECT OF A PENDING DISCIPLINARY ACTION 19
80+RELATED TO THE PRACT ICE OF CERTIFIED PUB LIC ACCOUNTANCY IN T HE STATE OR 20
81+ANOTHER STATE ; 21
8182
82- (1) HAS AN ACTIVE OR INA CTIVE LICENSE TO PRA CTICE CERTIFIED 20
83-PUBLIC ACCOUNTANCY U NDER THIS SUBTIT LE; 21
83+ (4) (I) 1. HAS PRACTICED PUBLIC ACCOUNTANCY IN THE 22
84+STATE FOR AT LEAST 20 YEARS 6 YEARS AS AN ACTIVE C ERTIFIED PUBLIC 23
85+ACCOUNTA NT; AND 24
8486
85- (2) IS NOT UNDER INVESTI GATION BY THE BOARD FOR A VIOLATION 22
86-OF THIS TITLE OR A COMPARABLE BODY OF ANOTHER STATE FOR A VIOLATION OF A 23
87-PROVISION THAT IS CO MPARABLE TO A PROVIS ION OF THIS TITLE; 24
87+ 2. IS AT LEAST 60 YEARS OLD; OR 25
8888
89- (3) IS NOT THE SUBJECT O F A PENDING DISCIPLI NARY ACTIO N 25
90-RELATED TO THE PRACT ICE OF CERTIFIED PUB LIC ACCOUNTANCY IN T HE STATE OR 26
91-ANOTHER STATE ; 27
89+ (II) HAS AT LEAST 40 YEARS OF EXPERIENCE AS A CERTIFIED 26
90+PUBLIC ACCOUNTANT ; AND 27
9291
93- (4) (I) 1. HAS PRACTICED PUBLIC ACCOUNTANCY IN THE 28
94-STATE FOR AT LEAST 20 YEARS 6 YEARS AS AN ACTIVE C ERTIFIED PUBLIC 29
95-ACCOUNTANT 20 YEARS; AND 30
96- SENATE BILL 148 3
92+ (5) ATTESTS THAT: 28
93+
94+ (I) THE INDIVIDUAL IS RE TIRED AND IS NO LONG ER ACTIVELY 29
95+PRACTICING PUBLIC AC COUNTANCY IN THE STATE; AND 30 SENATE BILL 148 3
9796
9897
99- 2. IS AT LEAST 60 YEARS OLD; OR 1
10098
101- (II) HAS AT LEAST 40 YEARS OF EXPERIENCE AS A CERTIFIED 2
102-PUBLIC ACCOUNTANT ; AND 3
99+ (II) THE INDIVIDUAL WILL NOT PROVIDE OR BE COMPENSATED 1
100+FOR CERTIFIED PUBLIC ACC OUNTANCY SERVICES UN LESS REINSTATED IN 2
101+ACCORDANCE WITH § 2–314 OF THIS SUBTITLE . 3
103102
104- (5) ATTESTS THAT: 4
103+ (C) THE BOARD SHALL REVIEW AN APPLICATION SUBMITTE D UNDER THIS 4
104+SECTION WITHIN 60 90 DAYS OF RECEIPT OF THE AP PLICATION. 5
105105
106- (I) THE INDIVIDUAL IS RE TIRED AND IS NO LONG ER ACTIVELY 5
107-PRACTICING PUBLIC AC COUNTANCY IN THE STATE; AND 6
106+ (D) IF THE BOARD APPROVES AN APP LICATION FOR EMERITU S STATUS 6
107+UNDER THIS SECTION , THE BOARD SHALL SEND THE LICENSEE: 7
108108
109- (II) THE INDIVIDUAL WILL NOT PROVIDE OR BE COMPENSATED 7
110-FOR CERTIFIED PUBLIC ACC OUNTANCY SERVICES UN LESS REINSTATED IN 8
111-ACCORDANCE WITH § 2–314 OF THIS SUBTITLE . 9
109+ (1) WRITTEN NOTICE OF TH E APPROVAL; AND 8
112110
113- (C) THE BOARD SHALL REVIEW AN APPLICATION SUBMITTE D UNDER THIS 10
114-SECTION WITHIN 60 90 60 DAYS OF RECE IPT OF THE APPLICATI ON. 11
111+ (2) A CERTIFICATE OF EME RITUS STATUS. 9
115112
116- (D) IF THE BOARD APPROVES AN APP LICATION FOR EMERITU S STATUS 12
117-UNDER THIS SECTION , THE BOARD SHALL SEND THE LICENSEE: 13
113+ (E) A LICENSEE ON EMERITUS STATUS IS E XEMPT FROM : 10
118114
119- (1) WRITTEN NOTICE OF TH E APPROVAL; AND 14
115+ (1) THE CONTINUING EDUCA TION REQUIREMENTS UN DER § 2–312 OF 11
116+THIS SUBTITLE; AND 12
120117
121- (2) A CERTIFICATE OF EME RITUS STATUS. 15
118+ (2) THE REINSTATEMENT FE E UNDER § 2–341 OF THIS SUBTITLE. 13
122119
123- (E) A LICENSEE ON EMERITUS STATUS IS EXEMPT FRO M: 16
120+2–314. 14
124121
125- (1) THE CONTINUING EDUCA TION REQUIREMENTS UN DER § 2–312 OF 17
126-THIS SUBTITLE; AND 18
122+ In accordance with its regulations, the Board may reinstate the license of an 15
123+individual who has failed to renew the license for any reason OR IS ON EMERITUS ST ATUS 16
124+UNDER § 2–313.1 OF THIS SUBTITLE if the individual: 17
127125
128- (2) THE REINSTATEMENT FE E UNDER § 2–341 § 2–314 OF THIS 19
129-SUBTITLE. 20
126+ (1) otherwise is entitled to be licensed; AND 18
130127
131-2–314. 21
128+ (2) EXCEPT AS PROVIDED U NDER § 2–313.1 OF THIS SUBTITLE , 19
129+complies with each continuing education requirement that the Board sets for this purpose; 20
130+and 21
132131
133- In accordance with its regulations, the Board may reinstate the license of an 22
134-individual who has failed to renew the license for any reason OR IS ON EMERITUS ST ATUS 23
135-UNDER § 2–313.1 OF THIS SUBTITLE if the individual: 24
132+ (3) EXCEPT AS PROVIDED U NDER § 2–313.1 OF THIS SUBTITLE, pays to 22
133+the Board a reinstatement fee set by the Board. 23
136134
137- (1) otherwise is entitled to be licensed; AND 25
135+2–601. 24
138136
139- (2) EXCEPT AS PROVIDED U NDER § 2–313.1 OF THIS SUBTITLE , 26
140-complies with each continuing education requirement that the Board sets for this purpose; 27
141-and 28
137+ Except as otherwise provided in this title[,]: 25
138+
139+ (1) a person may not practice, attempt to practice, or offer to practice 26
140+certified public accountancy in the State unless licensed by the Board or qualified for a 27
141+practice privilege under § 2–321 of this title; AND 28
142142 4 SENATE BILL 148
143143
144144
145- (3) EXCEPT AS PROVIDED U NDER § 2–313.1 OF THIS SUBTITLE , 1
146-EXCEPT AS PROVIDED U NDER § 2–313.1 OF THIS SUBTITLE , complies with each 2
147-continuing education requirement that the Board sets for this purpose; and 3
145+ (2) A LICENSEE ON EMERIT US STATUS UNDER § 2–313.1 OF THIS 1
146+TITLE MAY NOT: 2
148147
149- (3) EXCEPT AS PROVIDED U NDER § 2–313.1 OF THIS SUBTITLE, pays to 4
150-the Board a reinstatement fee set by the Board. 5
148+ (I) PRACTICE, ATTEMPT TO PRACTICE , OR OFFER TO PRACTICE 3
149+CERTIFIED PUBLIC ACC OUNTANCY IN THE STATE; 4
151150
152-2–601. 6
151+ (II) SIGN OR CERTI FY FINANCIAL STATEME NTS, TAX RETURNS , 5
152+OR AUDIT REPORTS ; OR 6
153153
154- Except as otherwise provided in this title[,]: 7
154+ (III) PROVIDE ATTESTATION SERVICES. 7
155155
156- (1) a person may not practice, attempt to practice, or offer to practice 8
157-certified public accountancy in the State unless licensed by the Board or qualified for a 9
158-practice privilege under § 2–321 of this title; AND 10
156+2–603. 8
159157
160- (2) A LICENSEE ON EMERIT US STATUS UNDER § 2–313.1 OF THIS 11
161-TITLE MAY NOT: 12
158+ (a) Subject to subsection (b) of this section and unless authorized under this title 9
159+to practice certified public accountancy, a person may not represent to the public, by use of 10
160+a title, including “licensed certified public accountant”, “certified public accountant”, “public 11
161+accountant”, or “auditor”, by use of the abbreviation “CPA”, by description of services, 12
162+methods, or procedures, or otherwise, that the person is authorized to practice certified 13
163+public accountancy in the State. 14
162164
163- (I) PRACTICE, ATTEMPT TO PRACTICE , OR OFFER TO PRACTICE 13
164-CERTIFIED PUBLIC ACC OUNTANCY IN THE STATE IN THE STATE; 14
165+ (b) Subsection (a) of this section does not prohibit: 15
165166
166- (II) SIGN OR CERTIFY FINA NCIAL STATEMENTS , TAX RETURNS , 15
167-OR AUDIT REPORTS ; OR 16
167+ (1) the description of a principal, officer, or employee of an organization by 16
168+the position, title, or office that the individual holds in the organization; [or] 17
168169
169- (III) PROVIDE ATTESTATION SERVICES. 17
170+ (2) THE DESCRIPTION OF A LICENSEE WHO IS ON E MERITUS STATUS 18
171+UNDER § 2–313.1 OF THIS TITLE , PROVIDED THAT THE LI CENSEE DOES NOT 19
172+REPRESENT TO THE PUB LIC THAT THE LICENSE E IS AUTHORIZED TO P RACTICE 20
173+CERTIFIED PUBLIC ACC OUNTANCY IN THE STATE; OR 21
170174
171-2–603. 18
175+ [(2)] (3) a partnership, limited liability company, or corporation that 22
176+holds a permit or is exempt from the permit requirement under § 2–401 of this title from 23
177+using, in connection with the name of the partnership, limited liability company, or 24
178+corporation, any of the terms or the abbreviation to which subsection (a) of this section 25
179+refers. 26
172180
173- (a) Subject to subsection (b) of this section and unless authorized under this title 19
174-to practice certified public accountancy, a person may not represent to the public, by use of 20
175-a title, including “licensed certified public accountant”, “certified public accountant”, “public 21
176-accountant”, or “auditor”, by use of the abbreviation “CPA”, by description of services, 22
177-methods, or procedures, or otherwise, that the person is authorized to practice certified 23
178-public accountancy in the State. 24
181+ (c) (1) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 27
182+PARAGRAPH , THE display, distribution, or other use by a person of the person’s name, in 28
183+conjunction with any of the following list of titles or abbreviations in a card, sign, 29
184+advertisement, directory listing, or other instrument or device, is, in any proceeding under 30
185+this title, prima facie evidence that the person represents to the public that the person is 31
186+authorized to practice certified public accountancy: 32
179187
180- (b) Subsection (a) of this section does not prohibit: 25
188+ [(i)] 1. “licensed certified public accountant”; 33
181189
182- (1) the description of a principal, officer, or employee of an organization by 26
183-the position, title, or office that the individual holds in the organization; [or] 27
184-
185- (2) THE DESCRIPTION OF A LICENSEE WHO IS ON E MERITUS STATUS 28
186-UNDER § 2–313.1 OF THIS TITLE , PROVIDED THAT THE LI CENSEE DOES NOT 29
187-REPRESENT TO THE PUB LIC THAT THE LICENSE E IS AUTHORIZED TO P RACTICE 30
188-CERTIFIED PUBLIC ACC OUNTANCY IN THE STATE; OR 31
189- SENATE BILL 148 5
190+ [(ii)] 2. “certified public accountant”; 34 SENATE BILL 148 5
190191
191192
192- [(2)] (3) a partnership, limited liability company, or corporation that 1
193-holds a permit or is exempt from the permit requirement under § 2–401 of this title from 2
194-using, in connection with the name of the partnership, limited liability company, or 3
195-corporation, any of the terms or the abbreviation to which subsection (a) of this section 4
196-refers. 5
197193
198- (c) (1) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 6
199-PARAGRAPH , THE display, distribution, or other use by a person of the person’s name, in 7
200-conjunction with any of the following list of titles or abbreviations in a card, sign, 8
201-advertisement, directory listing, or other instrument or device, is, in any proceeding under 9
202-this title, prima facie evidence that the person represents to the public that the person is 10
203-authorized to practice certified public accountancy: 11
194+ [(iii)] 3. “public accountant”; 1
204195
205- [(i)] 1. “licensed certified public accountant”; 12
196+ [(iv)] 4. “auditor”; or 2
206197
207- [(ii)] 2. “certified public accountant”; 13
198+ [(v)] 5. an abbreviation of any of these titles. 3
208199
209- [(iii)] 3. “public accountant”; 14
200+ (II) A LICENSEE WHO IS ON E MERITUS STATUS UNDER § 2–313.1 4
201+OF THIS TITLE MAY US E THE WORDS “CERTIFIED PUBLIC ACC OUNTANT EMERITUS ” 5
202+OR THE ABBREVIATION “CPA EMERITUS” TO DESCRIBE THE OCCU PATION OF THE 6
203+INDIVIDUAL, PROVIDED THAT THE LI CENSEE DOES NOT REPR ESENT TO THE PUBLIC 7
204+THAT THE LICENSEE IS AUTHORIZED TO PRACTI CE CERTIFIED PUBLIC 8
205+ACCOUNTANCY IN THE STATE. 9
210206
211- [(iv)] 4. “auditor”; or 15
207+ (2) In a proceeding under this title, evidence of a single representation 10
208+described in paragraph (1) of this subsection is, without evidence of a general course of 11
209+conduct, adequate to justify a finding that a person has represented to the public that the 12
210+person is authorized to practice certified public accountancy in the State. 13
212211
213- [(v)] 5. an abbreviation of any of these titles. 16
212+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14
213+1, 2025. 15
214214
215- (II) A LICENSEE WHO IS ON E MERITUS STATUS UNDER § 2–313.1 17
216-OF THIS TITLE MAY US E THE WORDS “CERTIFIED PUBLIC ACC OUNTANT EMERITUS ” 18
217-OR THE ABBREVIATION “CPA EMERITUS” TO DESCRIBE THE OCCU PATION OF THE 19
218-INDIVIDUAL, PROVIDED THAT THE LI CENSEE DOES NOT REPRESEN T TO THE PUBLIC 20
219-THAT THE LICENSEE IS AUTHORIZED TO PRACTI CE CERTIFIED PUBLIC 21
220-ACCOUNTANCY IN THE STATE. 22
221215
222- (2) In a proceeding under this title, evidence of a single representation 23
223-described in paragraph (1) of this subsection is, without evidence of a general course of 24
224-conduct, adequate to justify a finding that a person has represented to the public that the 25
225-person is authorized to practice certified public accountancy in the State. 26
226216
227- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 27
228-1, 2025. 28
217+
218+Approved:
219+________________________________________________________________________________
220+ Governor.
221+________________________________________________________________________________
222+ President of the Senate.
223+________________________________________________________________________________
224+ Speaker of the House of Delegates.