An Act ENROLLED SENATE BILL NO. 1760 By: Dugger of the Senate and Kendrix of the House An Act relating to the Oklahoma Accountancy Act; amending 59 O.S. 2021, Section 15.1A, which relates to definitions; removing references; amending 59 O.S. 2021, Section 15.2, which relates to the Oklahoma Accountancy Board; removing licensed public accountant from board; reconfiguring membership of board; amending 59 O.S. 2021, Section 15.8 , which relates to qualifications; removing qualifications for candidacy for licensed public accountant; amending 59 O.S. 2021, Section 15.9, which r elates to issuances of certificates and licenses; removing conditions for issuan ces of licenses for public accountants; amending 59 O.S. 2021, Section 15.10, which relates to examinations; removing examination for licensed public accountants; amending 59 O.S. 2021, Section 15.13, which relates to reciprocity; removing issuances of license to public accountants; amending 59 O.S. 2021, Section 15.13A, which relates to foreign reciprocity; updating statutory language; updating statutory reference; and providing an effective date. SUBJECT: Oklahoma Accountancy Act licenses BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 59 O.S. 2021, Section 15.1A, is amended to read as follows: ENR. S. B. NO. 1760 Page 2 Section 15.1A. As used in the Oklahoma Accountancy Act: 1. “Accountancy” means the profession or practice of accounting; 2. “AICPA” means the American Institute of Ce rtified Public Accountants; 3. “Applicant” means an individual or entity that has made application to the Board for a certificate , license, or permit and said application has not been approved; 4. “Assurance” means independent professional services that improve the quality of inform ation, or its context, for decision makers; 5. “Attest” means providing the following services: a. any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS), b. any review of a financial statement to be pe rformed in accordance with the Stateme nts on Standards for Accounting and Review Services (SSARS), c. any engagement performed in accordance with the Statements on Standards for Attes tation Engagements (SSAE), and d. any engagement to be performed in accor dance with the Auditing Standards of t he Public Company Accounting Oversight Board (PCAOB). The statements on standards specified in this definition shall be adopted by reference by t he Board pursuant to rulemaking and shall be those developed for general application by recognized national accountancy organizations, such as the AICPA, IFAC and the PCAOB; ENR. S. B. NO. 1760 Page 3 6. “Audit” can only be performed by an individual or entity who is registered with the Board and holding a valid permit issue d pursuant to the Oklahoma Accountancy Act, or an individual grante d practice privileges under Section 15.12A of this title, and means a systematic investigation or appraisal of information, procedures, or operations performed in accordance with generally accepted auditing standards in the United States, for the purpose o f determining conformity with established criteria and communicating the results to interested parties; 7. “Board” means the Oklahoma Accountanc y Board; 8. “Candidate” means an individual who has been qualified a nd approved by the Board to take an the examination for a certificate or license; 9. “Certificate” means the Oklahoma document issued by the Board to a candidate upon successful completi on of the certified public accountant examin ation designating the ho lder as a certified public accountant pursu ant to the laws of Oklahoma. “Certificate” shall also mean the Oklahoma document issued by reciprocity to an individual who has previously been certified in another jurisdiction; 10. “Certified public accountan t” means any person who has received a certificate from the Board or other jurisdictions; 11. “Client” means the individual or entity which retains a registrant, an individual granted prac tice privileges under Section 15.12A of this title, or a firm exem pt from the permit and registration requireme nts under Section 15.15C of this title to perform professional services; 12. “Compilation” when used with reference to financial statements, means presenting information in the form of fin ancial statements which is the representation of management or owne rs without undertaking to express any assurance on the statements; 13. “CPA” or “C.P.A.” means certified public accountant; ENR. S. B. NO. 1760 Page 4 14. “Designated manager” means the Oklahoma certified public accountant or public accountant appointed by the firm partners or shareholders to be responsible for the administration of the office; 15. “Designee” means the National Association of State Boards of Accountancy (NASBA) or other entities so designated by th e Board; 16. “Entity” means an organization whether for profit or not, recognized by the State of Oklahoma this state to conduct business; 17. “Examination” means the test sections of Auditing and Attestation, Business En vironment and Concepts, Financial Accounting and Reporting, and Regulation or thei r successors, administered, supervised, and graded by, or at the direction of, the Board or other jurisdiction that is required for a certificate as a certified public accountant or a license as a public acc ountant; 18. “Executive director” means the chief administrative officer of the Board; 19. “Financial statements ” means statements and footnotes related thereto that undertake to present an actual or anticipated financial position as of a point in time, or results of operations, cash flow, or changes i n financial position for a period of time, in conformity with generally accepted accounting principles or another comprehensive basis of accounting. The term does not includ e incidental financial data inclu ded in management advisory service reports to support recommendations to a client; nor does it include tax returns and supporting schedules; 20. “Firm” means an entity that is either a sole proprietorship, partnership, pro fessional limited liability compa ny, professional limited liability partnership, l imited liability partnership or professional corporation, or any other professional form of organization organized under the laws of the State of Oklahoma this state or the laws of another jurisdiction and issued a permit in accordance with Section 15.15A of this tit le or exempt from the permit requirement under Section 15.15C of this title , including individual partners or shareholders, that is engaged in accountancy; ENR. S. B. NO. 1760 Page 5 21. “Holding out” means any representation by an individual that he or she holds a certificate or license and a valid permit, or by an entity that it holds a valid permit. Any such representation is presumed to invite the public to rely upon the professional skills implied by the certificate or license and valid permit in connection with the services o r products offered; 22. “Home office” means the location specified by the client as the address to which a service described in Section 15.12A of this title is directed; 23. “IFAC” means the International Federation of Accountants; 24. “Individual” means a human being; 25. “Jurisdiction” means any state or territory of the United States and the District of Columbia; 26. “License” means the Oklahoma document issued by the Board to a candidate upon successful completion of the public accountant examination designating the holder as a public accountant pursuant to the laws of Oklahoma this state. “License” shall also mean the Oklahoma document issued by the Board by reciprocity to a pu blic accountant who has previously been licensed by examination in another jurisdiction; 27. “Management advisory services ”, also known as “management consulting services”, “management services”, “business advisory services” or other similar designation, hereinafter collectively referred to as “MAS”, means the function of providing advice and/or technical assistance, performed in accordance with standards for MAS engagements and MAS consultations such as those issued by the American Institute of Certified Public Accountants, where the primary purpose is to help the client improve th e use of its capabilities and resources to achi eve its objectives including but not limited to: a. counseling management in analysis, planning, organizing, operating, risk manage ment and controlling functions, ENR. S. B. NO. 1760 Page 6 b. conducting special studies, preparing recom mendations, proposing plans and programs, and p roviding advice and technical assistance in their implementation, c. reviewing and suggesting improvement of policies, procedures, systems, methods, and organization relationships, and d. introducing new ideas , concepts, and methods to management. MAS shall not include recommendations and comments prepared as a direct result of observations made while performing an audit, review, or compilation of financial statements or wh ile providing tax services, including tax consultations; 28. “NASBA” means the National Association of State Boards of Accountancy; 29. “PA” or “P.A.” means public accountant; 30. “Partnership” means a contractual relationship based upon a written, oral, or implied agreement between two or more individuals who combine their resources an d activities in a joint enterprise and share in varying degrees and by specific agreement in the management and in the profits or l osses. A partnership may be general or limited as the laws of this state defi ne those terms; 31. “PCAOB” means the Public Company Accounting Oversight Board; 32. “Peer Review” means a review performed pursuant to a set of peer review rules established b y the Board. The term “peer review” also encompasses the term “quality review”; 33. “Permit” means the written authority gr anted annually by the Board to individuals or firms to practice public accounting in Oklahoma this state, which is issued pursuant to the Oklahoma Accountancy Act; 34. a. “Practice of public accounting ”, also known as “practice public accounting”, “practice” and “practice ENR. S. B. NO. 1760 Page 7 accounting”, refers to the activities of a registrant, an individual granted practice privileges under Section 15.12A of this title, or a firm exempt from the permit and registration requireme nts under Section 15.15C of this title in reference to acc ountancy. An individual or firm shall be deemed to be engaged in the practice of public accounting if the individual or firm holds itself out to the public in any manner as one skilled in the knowl edge, science, and practice of accounting and auditing, ta xation and management advisory services and is qualified to render such professional services as a certified public accountan t or public accountant, and perform s the following: (1) maintains an office for the transaction of business as a certified public a ccountant or public accountant, (2) offers to prospective clients to perform or who does perform on behalf of clients profe ssional services that involve or requ ire an audit, verification, investigat ion, certification, presentation, or review of financial t ransactions and accounting records or an attestation concerning any other written assertion, (3) prepares or certifies for clients reports on audits or investigations of books or records of account, balance sheets, and other financial, accounting and relat ed schedules, exhibits, statements, or reports which are to be used for publication or for the purpose of obtaining credit, or for filing with a court of law or with any governmental agency, or for any other purpose, (4) generally or incidentally to the wo rk described herein, renders professional services to clients in any or all matters relating to accounting procedure and to the recording, presentation, or certification of financial information or data, ENR. S. B. NO. 1760 Page 8 (5) keeps books, or prepares trial balances, financial statements, or reports, all as a part of bookkeeping services for clients, (6) prepares or signs as the tax preparer , tax returns for clients, consults with clients on tax matters, conducts studi es for clients on tax matters and prepares reports for cli ents on tax matters, unless the services are uncompensated and are limited solely to the registrant ’s, or the registrant’s spouse’s lineal and collateral heirs, (7) prepares personal financial or in vestment plans or provides to clients products or services of others in implementation of personal financial or investment plans, or (8) provides management advisory services to clients. b. Except for an individual gra nted practice privileges under Section 15.12A of this title or a firm exempt from the permit and registration requirements under Section 15.15C of this title, an individual or firm not holding a certificate, lice nse or permit shall not be deemed to be enga ged in the practice of public accounting if the individual or firm does not hold itself out, solicit, or advertise for clients using the certified public accountant or public accountant designation and engages on ly in the following services: (1) keeps books, or prepares trial balances, financial statements, or reports, provided such instruments do not use the terms “audit”, “audited”, “exam”, “examined”, “review” or “reviewed” or are not exhibited as having been prepared by a certified public accountant or public accountant. Except for an indi vidual granted practice privileges under Section 15.12A of this title or a firm exempt from the permit and registration requirements under Section ENR. S. B. NO. 1760 Page 9 15.15C of this title, nonr egistrants may use the following disclaimer l anguage in connection with financial statements and be in compliance with the Oklahoma Accountan cy Act: “I (we) have not audited, examined or reviewed the accompanying financial statements and accordingly do no t express an opinion or any other form of ass urance on them.”, (2) prepares or signs as the tax preparer, tax returns for clients, consults w ith clients on tax matters, conducts studies for clients on tax matters and prepares reports for clients on tax matters, (3) prepares personal financial or inve stment plans or provides to clients pr oducts or services of others in implementation of personal financial or investment plans, or (4) provides management advisory services to clients. c. Only permit holders, individuals grante d practice privileges under Section 15.12A of this title, or firms exempt from the permit and registration requirements under Section 15.15C of this title may render or offer to render any attest service, as defined herein, or issue a r eport on financial statements which purport to be in compliance with the Statements on Standards for Accounting and Review Services (SSARS). Thi s restriction shall not prohibit any act of a public official or public employee in the performance of that per son’s duties. This restriction shall not be construed to prohibit the performance by any unlicensed individual of other services as set out in subparagraph b of this paragraph. d. A person is not deemed to be practicing public accounting within the meani ng of this section so lely by displaying an Oklahom a CPA certificate or a PA license in an office, identifying himself or herself as a CPA or PA on letterhead or business cards, or ENR. S. B. NO. 1760 Page 10 identifying himself or herself as a CPA or PA. However, the designation of CPA or PA on such letterheads, business cards, pub lic signs, advertisements, publication s directed to clients or potential clients, financial or t ax documents of a client, performance of any attest service or issuance of a report constitutes the practice o f public accounting and requires a permit, practic e privileges under Section 15.12A of t his title, or an exemption from the permit and registratio n requirements under Section 15.15C of this title; 35. “Preissuance review” means a review preformed pursuan t to a set of procedures that include review of eng agement document, report, and clients’ financial statements in order to permit the reviewer to assess compliance with all applicable professional standards; 36. “Principal place of business ” means the office location designated by the licensee for the pur poses of substantial equivalency and reciprocity; 37. “Professional corporation ” means a corporation organized pursuant to the laws of this state; 38. “Professional” means arising out of or related to the specialized knowledg e or skills associated with C PAs or PAs; 39. “Public accountant” means any individual who has received a license from the Board; 40. “Public interest” means the collective well -being of the community of people and institutions the profession serves; 41. “Qualification applicant ” means an individual who has made application to the Board to qualify to become a candidate for examination; 42. “Registrant” means a CPA, PA, or firm composed of certified public accountants or publi c accountants or combination of both currently registered with the Board pursuant to the authori ty of the Oklahoma Accountancy Act; ENR. S. B. NO. 1760 Page 11 43. “Report”, when used with reference to any attest or compilation service, means an opinion, report or other form of language that states or implies a ssurance as to the reliabilit y of the attested information or compl ied financial statements, and that also includes or is acc ompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing. Such a statement or implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the person or firm is an accountant or auditor, or from the language of the report itself. The term “report” includes any form of language which disclaims an opinion when such form of language is conventionally understood to imply any positive assurance as to the reliability of the attested information or compiled financi al statements referred to and/ or special competence on the part of the person or firm issuing suc h language; and it includes any other form of language tha t is conventionally understood to imply such assurance and/or such special knowledge or competence. This definition is not intende d to include a report prepare d by a person not holding a certificat e or license or not granted practice privileges under Sect ion 15.12A of this title. However, such report shall not refer to “audit”, “audited”, “exam”, “examined”, “review” or “reviewed”, nor use the language “in accordance with standards established by t he American Institute of Certified Public Accountants ” or successor of said entity, or governmental agency approved by the Board, except for the Internal Revenue Service. Except for an ind ividual granted practice privileges under Section 15.12A of this ti tle or a firm exempt from the permit and registration requ irements under Section 15.15C of this title, nonregistrants may use the following disclaimer language in connection with financial statements not to be in viola tion of the Oklahoma Accountancy Act: “I (we) have not audited, examined, or reviewed the accom panying financial statements and accordingly do not express an opinion or any other form of assurance on them.”; 44. “Representation” means any oral or written communication including but not limit ed to the use of title or legends on letterheads, business cards, office doors, advertisements, and listings conveying the fact that an individual or entity h olds a certificate, license or permit; ENR. S. B. NO. 1760 Page 12 45. “Review”, when used with reference to financial statem ents, means a registrant or an individual granted practice privileges under Section 15.12A of this title, or a firm exempt from the permit and registration requirements under Section 15.15C of this title performing inquiry and analytical procedures that pr ovide the registrant with a reasonable basis for expressin g limited assurance that there are no material modifications that should be made to the statements in order for them to be in confo rmity with generally accepted accounting principles or, if applicab le, with another comprehensive basis of accounting; and 46. “Substantial equivalency ” is a determination by the Oklahoma Accountancy Board or its designee that: a. the education, examinati on and experience requirement s contained in the statutes and admini strative rules of another jurisdiction are comparable to, or exceed, the education, examination and experience requirements contained in the AICPA/NASBA Un iform Accountancy Act, or b. that an individual certified publi c accountant’s or public accountant’s education, examination and experience qualifications are c omparable to or exceed the education, examination and experience requirements contained in the Oklahoma Accountancy Act and rules o f the Board. In ascertaining substantial equivalency as used in the Oklahoma Accountancy Act, the Board or its designee shall take into account the qualifications without regard to the sequence in which experience, education, or examination requirements we re attained. SECTION 2. AMENDATORY 59 O.S. 2021, Section 15.2, is amended to read as follows: Section 15.2. A. There is hereby re -created, to continue until July 1, 2023, in accordance with the provisions of the Oklahoma Sunset Law, the Oklahoma Accountancy Board. The Oklahoma Accountancy Board shall have the responsibility for administering and enforcing the Oklahoma Accountancy Act. The Oklahoma Accountancy Board shall be composed of seve n (7) members, who shall ENR. S. B. NO. 1760 Page 13 have professional or practical experience in the use of accounting services and financial matters, so as to be qualified to make judgments about the qualifications and conduct of persons and firms subject to regulation under the Ok lahoma Accountancy Act to be appointed by the Governor and confirme d by the Senate. The numbe r of registrant members shall not be more than six five, not including a firm, who shall serve terms of five (5) years. No member who has served two successive c omplete terms shall be eligible for reappointment, but an appointme nt to fill an unexpired ter m shall not be considered a complete term for this purpose. The One public member shall serve coterminously with the Governor appointing the public member. The other public member shall se rve a term of five (5) years. B. One member shall be either a pub lic accountant licensed and holding a permit pursuant to the provisions o f the Oklahoma Accountancy Act, or a person with professional or practical experience in the use of accounting services and fin ancial matters and who shall have met the educational re quirements to qualify as a candidate for examination for the license of p ublic accountant as provided in subsection B of Section 15.8 of this title. A list of qualified persons shall be compiled and submitted to the Governor by the Oklahoma Society of Pub lic Accountants, or successor organization from time to time as appointme nt of the Board member is required to be made. A list of three names shall be submitted for each single appointment from which the Governor may make the appointment. C. Five members shall be certified public accountants holding certificates and four shal l hold permits issued pursuant to the provisions of the Oklahoma Accountancy Act, at le ast four of whom shall have been engaged in the practice of public ac counting as a certified public accountant continuously for not less than five (5) out of the last fifteen (15) years immediately preceding their appointments. A list of qualified persons shall be compiled and submitted to the Governor by the Oklahoma Soci ety of Certified Public Accountants from time to time as appointments of the certified public accoun tant Board members are required. A list of three names shall be submitted for each sin gle appointment from which the Governor may make the appointment. ENR. S. B. NO. 1760 Page 14 D. One member C. Two members shall be a public member members who is are not a certified public accountant or licensed public accountant accountants. The One public member shall be appoi nted by the Governor to a term coterminou s with the Governor. The public member shall serve at t he pleasure of the Governor, to serve at his or her pleasure. The other public member shall serve a term of five (5) years and have professional or practical experience in the use of accounting services and financial matters. A list of qualified persons shall be compiled and submitted to the Governor by the Oklahoma Society of Public Account ants, Oklahoma Society of Certified Public Accountants, or successor o rganizations from time to time as appointment of the Board member is required. A list of three (3) names shall be submitted for each single appointment from which the Governor may ma ke the appointment. E. D. Upon the expiration of the term of office, a member shall continue to serve until a qualified successor has been app ointed. Confirmation by the Senate is required during the next regular session of the Oklahoma Senate for the member to continue to serve. SECTION 3. AMENDATORY 59 O.S. 2021, Section 15.8, is amended to read as follows: Section 15.8. A. A qualification applicant to qualify as a candidate for examination shall file an application for qualification in a format ap proved by the Oklahoma Accountancy Board. The fee for the qualification application shall be determined by the Boar d and shall not exceed Three Hundred Dolla rs ($300.00). Every qualification applicant to qualify as a candidate for the certificate of cert ified public accountant or license of public accountant shall submit to a national criminal history record search, must be a resident of this state immediatel y prior to making application and, except as otherwise provided in this section, shall meet the education and experience requirements provided in this section. The costs associated with th e national criminal histo ry records search shall be paid by the app licant. B. On or after July 1, 1999, every qualification applicant to qualify as a candidate for examination for the license of public accountant shall have graduated from an accredited fo ur-year college or university with a major in accounting or with a nonaccounting major supplemented by what the Oklahoma Accountancy Board determines ENR. S. B. NO. 1760 Page 15 to be the equivalent of an accounting major of any four -year college or university in this state or any ot her four-year college or university recognized by the Board. Such major in accounting or nonaccounting major shall include satisfactory completion of forty - eight (48) semester hours, or the equivalent thereof, in accounting and related subjects. At least thirty (30) semester hou rs, or the equivalent thereof, of said for ty-eight (48) semester hours, shall be in accounting courses, at least one of which shall be in auditing. The remainder of said forty -eight (48) semester hours, or the equivalent thereof, shall be in said related subjects, which shall be in any or all of the subjects of economics, statistics, business law, finance, business management, marketing, busi ness communication, financial information syst ems or computer science or the equivalent of such subjects as determin ed by the Board. C. On or after July 1, 2 003, every qualification applicant to qualify as a candidate for examination for the certificate o f certified public accountant shall have at l east one hundred fifty (150) semester hours, o r the equivalent thereof, of college education including a baccalau reate or higher degree conferred by a college or university acceptable to the Board from an accred ited four-year college or university in this state or any other accredited four-year college or university recognize d by the Board. A minimum of seventy -six (76) semester hours must be earned at the upper-division level of college or above or the equivale nt thereof as determined by the Board; this e ducation requirement shall have been completed prior to submitting an a pplication to the Board; the total educational program of the applicant for examination shall include an accounting concentration or its equ ivalent as determined acceptable by the Board which shall include not less than thirty (30) semester hours, or the e quivalent thereof, in accounting courses above principles of accounting or introductory accounting, with at least one course in auditing or assurance; the remaining accounting courses s hall be selected from financial accounting, accounting theory, cost/man agerial accounting, federal income tax, governmental, not-for-profit accounting, accounting information systems, accounting history and othe r accounting electives; at least nine (9) semester hours shall be from any or all of the su bjects of economics, statistics, business law, finance, business ma nagement, marketing, business communication, risk management, insurance, management information sy stems, or computer science at the upper - division level of college or above or the equivalen t of such ENR. S. B. NO. 1760 Page 16 subjects as determined by the Board; all the remaining se mester hours, if any, shall be elective but shall be at the upper -division level of college or abo ve. D. C. The costs associated with the nat ional criminal history record check shall be pa id by the applicant. SECTION 4. AMENDATORY 59 O.S. 2021, Section 15.9, is amended to read as follows: Section 15.9. A. Upon payment of appropriate fees, the Oklahoma Accountancy B oard shall grant a certificate or license to any individual of good character who meets the applicable education, experience and testing requirements provided for in this section and in Sections 15.8 and 15.10 of this title. For purposes of this subsection, good character means an individual who does no t have a history of dishonest acts as demonstrated by documented ev idence and has not been convicted, pled guilty, or pled nolo contendere to a felony charge. The Board may refuse to grant a certificate or license to an applicant for failure to satisfy th e requirement of good character. The Board shall provide to the de nied applicant written notification specifying grounds for denial of a certificate or license including failure to meet the good character c riterion. Appeal of the action of the Board may be made in accordance with th e provisions of the Administrative Pro cedures Act. B. The Board shall issue certificates as certified public accountants to those applicants who have met the qualifications required by the provisions of the Oklahoma Accountanc y Act and the applicable rules of the Board, and have passed an exa mination in accounting, auditing and related subjects as the Board determines appropriate with such grades that satisfy the Board that each applicant is competent to practice as a certified public accountant. C. The Board shall, upon request, issue licens es as public accountants only to those applicants who shall have qualified and complied with the provisions of this act and the rules of t he Board, and shall have passed an examination in a ccounting, auditing, and other related subjects not to exceed seven ty-five percent (75%) of the CPA Examination subjects with such grades that satisfy the Board that each applicant is competent to practice as a public accountant. The subjects examined sha ll be covered by the same exa mination, and ENR. S. B. NO. 1760 Page 17 grading thereon for pass ing, as those used by the Board to test candidates for the certified public accountant ’s certificate. D. The Board may make use of all o r any part of the Uniform Certified Public Accountan t’s Examination and any organ ization that assists in providing the examination. E. D. An applicant for initial issuance of a certificate or license under this section shall show that the applicant has h ad one (1) year of experience. Experience shall be d efined by the Board by rule and shall include providing a type of s ervice or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills , and be satisfied through work experience in governm ent, industry, academia or public practice, all of which shall be v erified by a certificate or license holder or an individual approved by the Board. Upon completion of the requirements of Section 15.8 of this title, a qualified applicant for the examinat ion may take the certified public accountant or public accountant e xamination prior to earning the experience required in this subsection, but shall not be issued a certificate until the experience requi rement has been met. F. On or after July 1, 2005, ev ery E. Every applicant for the certificate of certified public accountant or license of public accountant shall provide evidence of successful completion of an ethics examination prescribed by the Boar d. G. F. Every applicant for the certificate of certi fied public accountant or license of public account ant shall submit to a national criminal history record check. The costs associated with the national criminal history record check shall be paid by t he applicant. H. G. An individual applying for a certi ficate as a certified public accountant must make appl ication for the certificate within five (5) years of the date the Board notifies the candidate that the candidate has successfully passed all sect ions of the C.P.A. Examination. If the candidate fails to make application for the certificate within five (5 ) years, the candidate must provide documentation showing he or she has completed at least one hundred twenty (120) hours of qualifying continuing public accountancy education completed within the three -year period immediately ENR. S. B. NO. 1760 Page 18 preceding the date the indivi dual applies for certification. The Board shall establish rules whereby time limits set for application pursuant to this provision may, upon writ ten application to the Board, be waived or reduced if th e candidate is called to acti ve military service or be comes incapacitated as a result of illness or injury or for such other good causes as determined by the Board on a case-by-case basis. I. An individual applying for a license as a public accountant must make application for the li cense within five (5) yea rs of the date the Board notifies the candidate that the candidate has successfully passed all sections of the PA Examination. If the candidate fails to make application for the license within five (5) years, the candidate must pr ovide documentation showi ng he or she has completed at least one hundred twenty (120) hours of qualifying continuing public accountancy education completed within the thr ee- year period immediately preceding the date the individ ual applies for licensure. The Board shall establish rules whereby time limits set for application pursuant to this provision may, upon written application to the Board, be waived or reduced if the candidate is called to active military service or becomes incapacitated as a result of illness or injury or for such other good causes as determined by the Board on a case -by-case basis. SECTION 5. AMENDATORY 59 O.S. 2021, Sectio n 15.10, is amended to read as follows: Section 15.10. A. The Board shall provide an examination for candidates to obtain a certificate or license as accountants a certified public accountant at least once each year. Additional examinations may be held at such times and places as the Board may deem advisable. B. Each candidate allowed to sit at the examination shall file a written application on a form prescribed by the Board. C. In addition to the requirement of confidentiality of examination results, the Board shall take such action as necessary to assure the confidentiality of the exa mination prior to their being administered to candidates. ENR. S. B. NO. 1760 Page 19 SECTION 6. AMENDATORY 59 O.S. 2021, Section 15.13, is amended to read as follows: Section 15.13. A. The Oklahoma Accountancy Board may issue a certificate or license to an applicant who has been authorized to practice public accounting as a certified public accountant or public accountant pursuant to the laws of any jurisdiction if the applicant passed a test administered for the purpose of aut horizing an individual to pra ctice as a certified public accountant or public accountant with grades which were equivalent to passing a test for the same purpose in this state as of the date th e applicant originally passed the examination, and said the applicant: 1. Meets the require ments for issuance of a certificate or license in this state on the date of making application; 2. Met, on the date the certificate or license was issued by the other jurisdiction, the requirements in effect on that date for issuance of a certificate or license in this state; or 3. Met, on the date of becoming a candidate in another jurisdiction, the requirements of becoming a candidate in the State of Oklahoma this state, except for residency. B. In the event an applicant do es not meet the requirements of subsection A of this secti on, but has passed a test administered for the purpose of authorizing an individual to practice as a certified public accountant or public accountant with grades which were equivalent to passing a t est for the same purpose in this state on the date the applicant passed the examination, the Board may iss ue a certificate or license to an applicant if such applicant has four (4) years of experience practicing public accounting as a certified public accountant or public accountant pursuant to the laws of any jurisdiction. Such experience must have occurred within the ten (10) years immediately preceding the application. Experience acceptable to satisfy the requirements of this subsection shall be determined by standards established by the Board. C. An applicant who is seeking a permit to practice under thi s section must also provide satisfactory documentation to the Board that such applicant has met the continuing professional education ENR. S. B. NO. 1760 Page 20 requirements, as provided in Section 15.35 of this title, in effect on the date of the application. D. The Board may issu e a certificate or license by reciprocity to the extent required by treaties ente red into by the government of the United States. E. A fee in the amo unt equal to the registration fee and permit fee, if applicable, plus an administrative fee, the total of which shall not exceed Three Hundred Dollars ($300.00), shall be paid by an applicant seeking a certificate or license pursuant to the provisions of this section. The total amount shall be established by Board rule. F. On or after July 1, 2005, an applic ant for the certificate of certified public accountant or license of public acc ountant under this section shall provide evidence of successful complet ion of an ethics examination prescribed by the Board. G. As an alternative to the requirements of subsect ion A, B or C of this section, a certificate holder licensed by another jurisdiction who establishes the certificate holder ’s principal place of business in this state shall request the issuance of a certificate from the Board prior to establishing such pr incipal place of business. The Board shall issue a certificate to such person who obtains from the NASBA National Qualification Appraisal Service verification that such individual’s CPA qualifications are substantially equivalent to the CPA licensure requ irements of the AICPA/NASBA Uniform Accountancy Act. H. An applicant for the certificate of certified public accountant or license of a public accoun tant under this section shall submit to a national crimina l history record check. The costs associated with the national criminal history record check shall be paid by the applicant. SECTION 7. AMENDATORY 59 O.S. 2021, Section 15 .13A, is amended to read as follows: Section 15.13A. A. The Board shall issue a certificate to a holder of a substantially equivalent designation issued by a foreign country, provided that: ENR. S. B. NO. 1760 Page 21 1. The foreign authority w hich granted the designation makes similar provision to allow a registrant who holds a valid certificate issued by this state to obtain such foreign authority’s comparable designation; 2. The designation: a. was duly issued by an authority of a foreign co untry which regulates the practice of public accounting and has not expired or been revoked or suspended , b. entitles the holder to issue reports upon financial statements, and c. was issued upon the basis of subs tantially equivalent educational, examinati on and experience requirements established by the foreign authority or by law; and 3. The applicant: a. received the designation based on educational and examination standards substantially equivalent to those in effect in this state at the time the forei gn designation was granted, b. completed an experience requirement substantially equivalent to the requi rement set out under this act the Oklahoma Accountancy Act in the foreign country which granted the foreig n designation or has completed four (4) years of professional experience in this state, or meets satisfies equivalent requirements prescribed by the Board by rule within the ten (10) years immediately preceding the application, c. passed a uniform qualify ing examination in national standards acceptable to the Bo ard, and d. is of good character. An applicant for the certificate of certified public accoun tant under this section shall submit to a national criminal h istory ENR. S. B. NO. 1760 Page 22 record check. The costs associated with the national criminal history record check shall be pa id by the applicant. B. An applicant under subsection A of this section shall in the application list all jurisdictions, foreign and domestic, in which the applicant has applied for or holds a d esignation to practice public accounting, and each holder of a certificate issued under this subsection shall notify the Board in writing, within thirty (30) days after its occurrence, of any issuance, denial, revoc ation or suspension of a designation or c ommencement of disciplinary or enforcement action by any juri sdiction. SECTION 8. This act shall become effective November 1, 2022. ENR. S. B. NO. 1760 Page 23 Passed the Senate the 9th day of March, 2022. Presiding Officer of the Senate Passed the House of Representatives the 18th day of April, 2022. Presiding Officer of the House of Representatives OFFICE OF THE GOVERNOR Received by the Office of the Governor this _______ _____________ day of _________________ __, 20_______, at _______ o'clock _______ M. By: _______________________________ __ Approved by the Governor of the State of Oklahoma this _____ ____ day of _________________ __, 20_______, at _______ o'clock _______ M. _________________________________ Governor of the State of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this _______ ___ day of __________________, 20 _______, at _______ o'clock _______ M. By: _______________________________ __