HOUSE CONCURRENT RESOLUTION NO. 59
(By Delegates Douglas, Kuhn, Angotti, Azinger, Butcher, Caputo,
Hatfield, Louisos, Manchin, Marshall, Mattaliano, Modesitt,
Overington, Perdue, Prunty, Stalnaker, Tucker, White, and
Willison)
[Originating in the Committee on Government Organization]
Requesting the Joint Committee on Government and Finance to
conduct a study of current trends in the practice of
accountancy in West Virginia and the adequacy of current law
to protect the public interest.
Whereas, The Legislature is charged with protecting the
public against unscrupulous professional practices; and
Whereas, The State regulates and monitors the practice of
professions through licensing boards, comprised primarily of
professionals practicing in the profession being regulated, that
verify credentials, require continuing education, resolve
complaints against licensees, and otherwise monitor the practice
of the profession; and
Whereas, The West Virginia Board of Accountancy does not now
have a legislative rule delineating a procedure for the
investigation and resolution of complaints against licensees, but
are required to propose a rule by July 1, 2000; and
Whereas, Proposals have been presented to the Legislature
regarding the concept of allowing the practice of accountancy in West Virginia, by persons licensed in other states, but not
licensed in West Virginia and not subject to disciplinary action
by the West Virginia Board of Accountancy; and
Whereas, Proposals have been presented to the Legislature to
restrict the performance of certain accounting functions to West
Virginia accountants who undergo peer review, which may include
review by persons or firms not licensed in the State of West
Virginia; and
Whereas, The West Virginia Board of Accountancy is scheduled
for a regulatory board review during the upcoming interim period,
which is expected to provide information related to these
concerns; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the regulation of the practice of accountancy
in West Virginia, with specific emphasis on the following areas
of inquiry:
(a) Whether the state board has developed procedures which
are adequate to meet its statutory duty to resolve complaints
against licensees; and
(b) Whether and in what circumstances the accounting
practice of a person or firm should be subject to a peer review,
and the qualifications of the person or firm conducting the peer
review; and
(c) Whether the public may be adequately protected by allowing the practice of accountancy and the ownership of
accounting firms by persons who are not licensed in this state
and not subject to disciplinary action by the state board; and,
be it
Further Resolved, That the Joint Committee on Government
and Finance report to the regular session of the Legislature,
2001, on its findings, conclusions and recommendations, together
with drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That the expenses necessary to conduct
this study, to prepare a report and to draft necessary
legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.