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Legislative Update
The MACPA Government Relations team, including key staff and the
Legislative Advisory Group, is always tracking legislation and other policy
proposals that may impact CPAs, working diligently to protect the
profession’s interests. The Association’s legislative agenda is full – on
offense and on defense. The following provides an overview of issues
currently under watch:
- A new issue that just materialized in the last couple of weeks –
legislation was introduced in the state House (House
Bill 4915) to change professional liability exposure for regulated
professionals - such as CPAs. Current case-law in Michigan provides an
exemption from the Michigan Consumer Protection Act for regulated
occupations (CPAs, funeral directors, Realtors, etc.). If one is going
to sue a regulated professional, suit must be filed under a regulatory
body of law – for example, the Michigan Occupational Code or the
Michigan Revenue Act. This bill eliminates that exemption –
greatly increasing professional liability exposure. The MACPA is
strongly opposed to this measure and is continuing direct advocacy
efforts and communication with policy-makers.
- Following the passage of CPA license mobility legislation in June
2008, work began on a comprehensive review and rewrite of Article 7 of
the Michigan Occupational Code and the Administrative Rules
promulgated thereunder. These two documents are essentially the texts
that govern licensing of the CPA profession in Michigan.
- The MACPA is working closely with the State Board of Accountancy
and staff from the State of Michigan Licensing Bureau and some of
these updates are necessary given the new mobility provisions, such
as altering the rule regarding temporary practice permits.
- Other items within this initiative are important reforms such as
allowing the experience requirement for original licensure to be met
in industry and adjusting the references to professional standards.
- Still in regards to licensing and regulation, but with a twist – the
MACPA is currently working on a bill to amend the Professional
Investigators (or PI) Act. During a re-write of their Act last year, the
PI’s provided an exemption for licensed CPAs from having to be licensed.
This exemption, as it turns out, isn’t broad enough. Support has been
secured from the PI Association and the MACPA foresees no problem with
this effort.
- Beyond the service tax conversation (see
related article), the
Association, mainly the experts on the Business Tax Restructuring
Subcommittee of the State & Local Tax Task Force, continue to review all
proposals, debates and discussions relative to changes to the MBT. These
changes could be significant; therefore, the MACPA remains committed to
engaging in the debate where appropriate. MACPA is currently working
with members of this Subcommittee to target ambiguities and necessary
technical corrections in the MBT and communicating with the appropriate
individuals inside the Michigan Legislature and at the Department of
Treasury. An example of this is discussion around legislation to provide
a safe-harbor provision similar to what was found in the SBT.
- Although no legislation has been introduced, efforts undoubtedly
remain afoot here in Michigan to create a licensing or regulatory
structure for paid tax preparers, a proposal that flies in the face of
MACPA’s mission to protect both the public and the CPA profession.
Initiatives have also surfaced in recent years to require audit partner
and/or firm rotations for specific sectors (i.e. school districts, area
agencies on aging, etc.) The MACPA is committed to defeating any such
proposals.
For more information on any of the policy issues above, or to learn about
how you can get involved in advocating on behalf of the CPA profession, call
248.267.3700 and ask for the Government Relations Department – or visit
www.michcpa.org/gov.
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November/December 2009
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