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                                                      PRINTER'S NO. 3717

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2578 Session of 2002


        INTRODUCED BY G. WRIGHT, THOMAS, BELFANTI, BEBKO-JONES,
           COLAFELLA, CORRIGAN, COY, CREIGHTON, CURRY, DeLUCA, J. EVANS,
           FAIRCHILD, FREEMAN, HARHAI, HORSEY, KELLER, McGEEHAN, MUNDY,
           READSHAW, SANTONI, SEMMEL, SHANER, SOLOBAY, STABACK,
           STEELMAN, TANGRETTI, TIGUE, WALKO, WANSACZ, WASHINGTON,
           WATERS, WOJNAROSKI, GEORGE, HENNESSEY, JAMES, McCALL, MELIO,
           PISTELLA, RUBLEY AND J. TAYLOR, APRIL 17, 2002

        REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 17, 2002

                                     AN ACT

     1  Amending the act of May 26, 1947 (P.L.318, No.140), entitled, as
     2     amended, "An act relating to the practice of public
     3     accounting; providing for the examination, education and
     4     experience requirements for certification of certified public
     5     accountants and for the licensing of certified public
     6     accountants, public accountants and firms; requiring
     7     continuing education and peer review; providing for the
     8     organization and ownership of firms and for the procedures
     9     and grounds for discipline and reinstatement of licensees;
    10     prescribing the powers and duties of the State Board of
    11     Accountancy and the Department of State; providing for
    12     ownership of working papers and confidentiality; regulating
    13     the professional responsibility of licensees; defining
    14     unlawful acts and acts not unlawful; providing penalties; and
    15     repealing existing laws," further providing for discipline.

    16     The General Assembly of the Commonwealth of Pennsylvania
    17  hereby enacts as follows:
    18     Section 1.  Section 9.1(a) of the act of May 26, 1947
    19  (P.L.318, No.140), known as the CPA Law, reenacted and amended
    20  December 8, 1976 (P.L.1280, No.286), is amended by adding
    21  clauses to read:
    22     Section 9.1.  Grounds for Discipline.--(a)  In accordance

     1  with the procedure provided in section 9 of this act, the board
     2  may revoke, suspend, limit or otherwise restrict the certificate
     3  of a certified public accountant or the registration of a public
     4  accountant, may revoke, suspend, limit or otherwise restrict any
     5  license issued under this act, may censure or publicly reprimand
     6  the holder of any certificate, registration or license, may
     7  require completion of general or a specific number of continuing
     8  professional education courses or may require more frequent peer
     9  review or other remedial action for any one or any combination
    10  of the following causes:
    11     * * *
    12     (17)  Directly or indirectly serving as both a certified
    13  public accountant or a public accountant and as an investment
    14  advisor to a client or potential client. As used in this clause,
    15  the term "investment advisor" has the meaning given in section
    16  202(a)(11) of the Investment Advisers Act of 1940 (54 Stat. 847,
    17  15 U.S.C. § 80b-2(a)(11)).
    18     (18)  Directly or indirectly providing both management
    19  advisory services and consultant services for a client or
    20  potential client.
    21     * * *
    22     Section 2.  This act shall take effect in 60 days.






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