Old | New | Differences | |
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1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | 4 | [Brackets] indicate matter deleted from existing law. | |
5 | - | Underlining indicates amendments to bill. | |
6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | - | amendment. | |
8 | 5 | *sb0051* | |
9 | 6 | ||
10 | 7 | SENATE BILL 51 | |
11 | 8 | C3 5lr1466 | |
12 | - | (PRE–FILED) | |
9 | + | (PRE–FILED) | |
13 | 10 | By: Senator Ellis | |
14 | 11 | Requested: October 29, 2024 | |
15 | 12 | Introduced and read first time: January 8, 2025 | |
16 | 13 | Assigned to: Education, Energy, and the Environment | |
17 | - | Committee Report: Favorable with amendments | |
18 | - | Senate action: Adopted | |
19 | - | Read second time: February 2, 2025 | |
20 | 14 | ||
21 | - | ||
15 | + | A BILL ENTITLED | |
22 | 16 | ||
23 | 17 | AN ACT concerning 1 | |
24 | 18 | ||
25 | - | Accountants – Reciprocal Licenses Licensed Out–of–State Practice Privileges – 2 | |
26 | - | Qualifications 3 | |
19 | + | Accountants – Reciprocal Licenses – Qualifications 2 | |
27 | 20 | ||
28 | - | FOR the purpose of altering the qualifications for an individual licensed as a certified public | |
29 | - | accountant in another state to practice certified public accountancy in the State; and | |
30 | - | generally relating to reciprocal licensure requirements for the practice of certified | |
31 | - | public accountancy. | |
21 | + | FOR the purpose of altering the qualifications for an individual licensed as a certified public 3 | |
22 | + | accountant in another state to practice certified public accountancy in the State; and 4 | |
23 | + | generally relating to reciprocal licensure requirements for the practice of certified 5 | |
24 | + | public accountancy. 6 | |
32 | 25 | ||
33 | - | BY repealing and reenacting, without amendments, | |
34 | - | Article – Business Occupations and Professions | |
35 | - | Section 2–301 | |
36 | - | Annotated Code of Maryland | |
37 | - | (2018 Replacement Volume and 2024 Supplement) | |
26 | + | BY repealing and reenacting, without amendments, 7 | |
27 | + | Article – Business Occupations and Professions 8 | |
28 | + | Section 2–301 9 | |
29 | + | Annotated Code of Maryland 10 | |
30 | + | (2018 Replacement Volume and 2024 Supplement) 11 | |
38 | 31 | ||
39 | - | BY repealing and reenacting, with amendments, | |
40 | - | Article – Business Occupations and Professions | |
41 | - | Section 2–321 | |
42 | - | Annotated Code of Maryland | |
43 | - | (2018 Replacement Volume and 2024 Supplement) | |
32 | + | BY repealing and reenacting, with amendments, 12 | |
33 | + | Article – Business Occupations and Professions 13 | |
34 | + | Section 2–321 14 | |
35 | + | Annotated Code of Maryland 15 | |
36 | + | (2018 Replacement Volume and 2024 Supplement) 16 | |
44 | 37 | ||
45 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
46 | - | That the Laws of Maryland read as follows: | |
38 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 | |
39 | + | That the Laws of Maryland read as follows: 18 | |
47 | 40 | ||
48 | - | Article – Business Occupations and Professions 20 2 SENATE BILL 51 | |
41 | + | Article – Business Occupations and Professions 19 | |
42 | + | ||
43 | + | 2–301. 20 | |
44 | + | ||
45 | + | Except as provided in § 2–321 of this subtitle, an individual shall be licensed by the 21 | |
46 | + | Board before the individual may practice certified public accountancy in the State. 22 | |
47 | + | ||
48 | + | 2–321. 23 2 SENATE BILL 51 | |
49 | 49 | ||
50 | 50 | ||
51 | 51 | ||
52 | - | 2–301. 1 | |
52 | + | (a) In this section, “practice certified public accountancy” includes the practice of 1 | |
53 | + | public accountancy. 2 | |
53 | 54 | ||
54 | - | Except as provided in § 2–321 of this subtitle, an individual shall be licensed by the 2 | |
55 | - | Board before the individual may practice certified public accountancy in the State. 3 | |
55 | + | (b) (1) An individual whose principal place of business is outside the State is 3 | |
56 | + | exempt from the licensing requirement under § 2–301 of this subtitle and shall be 4 | |
57 | + | considered to have qualifications that are substantially equivalent to a licensee if THE 5 | |
58 | + | INDIVIDUAL: 6 | |
56 | 59 | ||
57 | - | 2–321. 4 | |
60 | + | (i) [the individual] holds a valid license as a certified public 7 | |
61 | + | accountant from another state; and 8 | |
58 | 62 | ||
59 | - | (a) In this section, “practice certified public accountancy” includes the practice of 5 | |
60 | - | public accountancy. 6 | |
63 | + | (ii) [the requirements of that state have been verified by NASBA as 9 | |
64 | + | substantially equivalent with the licensure requirements of the Uniform Accountancy Act] 10 | |
65 | + | WAS REQUIRED TO PASS THE UNIFORM CPA EXAMINATION TO QUALIFY FOR THE 11 | |
66 | + | LICENSE IN THE OTHER STATE. 12 | |
61 | 67 | ||
62 | - | (b) (1) An individual whose principal place of business is outside the State is 7 | |
63 | - | exempt from the licensing requirement under § 2–301 of this subtitle and shall be 8 | |
64 | - | considered to have qualifications that are substantially equivalent to a licensee if THE 9 | |
65 | - | INDIVIDUAL: 10 | |
68 | + | (2) An individual who qualifies for an exemption under paragraph (1) of 13 | |
69 | + | this subsection may exercise all of the privileges of a licensed certified public accountant. 14 | |
66 | 70 | ||
67 | - | (i) [the individual] holds a valid license as a certified public 11 | |
68 | - | accountant from another state; and 12 | |
71 | + | (c) [(1) An individual who is licensed by a state that the NASBA National 15 | |
72 | + | Qualification Appraisal Service has not verified to be in substantial equivalence with the 16 | |
73 | + | CPA licensure requirements of the Uniform Accountancy Act may exercise all of the 17 | |
74 | + | privileges of a licensed certified public accountant if the individual: 18 | |
69 | 75 | ||
70 | - | (ii) [the requirements of that state have been verified by NASBA as 13 | |
71 | - | substantially equivalent with the licensure requirements of the Uniform Accountancy Act] 14 | |
72 | - | WAS REQUIRED TO PASS THE UNIFORM CPA EXAMINATION TO QUALIF Y FOR THE 15 | |
73 | - | LICENSE IN THE OTHER STATE. 16 | |
76 | + | (i) retains a principal place of business outside of the State; 19 | |
74 | 77 | ||
75 | - | (2) An individual who qualifies for an exemption under paragraph (1) of 17 | |
76 | - | this subsection may exercise all of the privileges of a licensed certified public accountant. 18 | |
78 | + | (ii) holds a valid license as a certified public accountant; and 20 | |
77 | 79 | ||
78 | - | (c) [(1) An individual who is licensed by a state that the NASBA National 19 | |
79 | - | Qualification Appraisal Service has not verified to be in substantial equivalence with the 20 | |
80 | - | CPA licensure requirements of the Uniform Accountancy Act may exercise all of the 21 | |
81 | - | privileges of a licensed certified public accountant if the individual: 22 | |
80 | + | (iii) has qualifications that the NASBA National Qualification 21 | |
81 | + | Appraisal Service has determined to be substantially equivalent to the CPA licensure 22 | |
82 | + | requirements of the Uniform Accountancy Act. 23 | |
82 | 83 | ||
83 | - | (i) retains a principal place of business outside of the State; 23 | |
84 | + | (2) An individual who has passed the Uniform CPA Examination and holds 24 | |
85 | + | a valid license issued by another state prior to January 1, 2012, may be exempt from the 25 | |
86 | + | education requirements in the Uniform Accountancy Act for purposes of this subsection. 26 | |
84 | 87 | ||
85 | - | (ii) holds a valid license as a certified public accountant; and 24 | |
88 | + | (3)] Notwithstanding any other provision of law, an individual who qualifies 27 | |
89 | + | for a practice privilege under this section may practice certified public accountancy in the 28 | |
90 | + | State: 29 | |
86 | 91 | ||
87 | - | (iii) has qualifications that the NASBA National Qualification 25 | |
88 | - | Appraisal Service has determined to be substantially equivalent to the CPA licensure 26 | |
89 | - | requirements of the Uniform Accountancy Act. 27 | |
92 | + | [(i)] (1) by any means, including mail, telephone, or electronic 30 | |
93 | + | communication; and 31 | |
90 | 94 | ||
91 | - | (2) An individual who has passed the Uniform CPA Examination and holds 28 | |
92 | - | a valid license issued by another state prior to January 1, 2012, may be exempt from the 29 | |
93 | - | education requirements in the Uniform Accountancy Act for purposes of this subsection. 30 | |
95 | + | [(ii)] (2) without any notice, fee, or other submission to the Board. 32 | |
94 | 96 | SENATE BILL 51 3 | |
95 | 97 | ||
96 | 98 | ||
97 | - | ( | |
98 | - | for a practice privilege under this | |
99 | - | State: 3 | |
99 | + | (d) As a condition of the practice privilege, an individual who is licensed by 1 | |
100 | + | another state and qualifies for a practice privilege under this subtitle and any firm that 2 | |
101 | + | employs the individual to practice in the State shall both consent to: 3 | |
100 | 102 | ||
101 | - | ||
102 | - | ||
103 | + | (1) the personal and subject matter jurisdiction and disciplinary authority 4 | |
104 | + | of the Board; 5 | |
103 | 105 | ||
104 | - | [(ii)] (2) without any notice, fee, or other submission to the Board. 6 | |
106 | + | (2) complying with State public accountancy laws and regulations adopted 6 | |
107 | + | by the Board; 7 | |
105 | 108 | ||
106 | - | ( | |
107 | - | ||
108 | - | ||
109 | + | (3) the appointment of the State Board of Public Accountancy that issued 8 | |
110 | + | the individual’s license to practice certified public accountancy as the agent upon which 9 | |
111 | + | process may be served in any action or proceeding by the Board against the individual; and 10 | |
109 | 112 | ||
110 | - | (1) the personal and subject matter jurisdiction and disciplinary authority 10 | |
111 | - | of the Board; 11 | |
113 | + | (4) ceasing to offer or provide services in the State that are subject to this 11 | |
114 | + | title if the license issued by the state in which the individual’s principal place of business 12 | |
115 | + | is located is no longer valid. 13 | |
112 | 116 | ||
113 | - | (2) complying with State public accountancy laws and regulations adopted 12 | |
114 | - | by the Board; 13 | |
117 | + | (e) An individual authorized to practice certified public accountancy under this 14 | |
118 | + | section and under the practice privilege may represent to the public, by use of a title, 15 | |
119 | + | including “licensed certified public accountant”, “certified public accountant”, “public 16 | |
120 | + | accountant”, or “auditor”, by use of the abbreviation “CPA”, by description of services, 17 | |
121 | + | methods, or procedures, or otherwise, that the individual is authorized to practice certified 18 | |
122 | + | public accountancy in the State. 19 | |
115 | 123 | ||
116 | - | ( | |
117 | - | ||
118 | - | ||
124 | + | (f) A sole practitioner who is practicing in the State under the practice privilege 20 | |
125 | + | may only perform attest services as defined in § 2–101(c)(1), (4), or (5) of this title, through 21 | |
126 | + | a firm that holds a permit issued under § 2–401 of this title. 22 | |
119 | 127 | ||
120 | - | (4) ceasing to offer or provide services in the State that are subject to this 17 | |
121 | - | title if the license issued by the state in which the individual’s principal place of business 18 | |
122 | - | is located is no longer valid. 19 | |
123 | - | ||
124 | - | (e) An individual authorized to practice certified public accountancy under this 20 | |
125 | - | section and under the practice privilege may represent to the public, by use of a title, 21 | |
126 | - | including “licensed certified public accountant”, “certified public accountant”, “public 22 | |
127 | - | accountant”, or “auditor”, by use of the abbreviation “CPA”, by description of services, 23 | |
128 | - | methods, or procedures, or otherwise, that the individual is authorized to practice certified 24 | |
129 | - | public accountancy in the State. 25 | |
130 | - | ||
131 | - | (f) A sole practitioner who is practicing in the State under the practice privilege 26 | |
132 | - | may only perform attest services as defined in § 2–101(c)(1), (4), or (5) of this title, through 27 | |
133 | - | a firm that holds a permit issued under § 2–401 of this title. 28 | |
134 | - | ||
135 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29 | |
136 | - | October 1, 2025. 30 | |
137 | - | ||
128 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23 | |
129 | + | October 1, 2025. 24 |