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Enrolled HB 121
LAWS OF ALASKA
2025
Source Chapter No.
SCS HB 121(STA) _______
AN ACT
Relating to the practice of accounting; relating to private pro fessional conservators; amending
Rule 17(e), Alaska Rules of Probate Procedure; and providing for an effective date.
_______________
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
THE ACT FOLLOWS ON PAGE 1
-1- Enrolled HB 121
AN ACT
Relating to the practice of accounting; relating to private pro fessional conservators; amending 1
Rule 17(e), Alaska Rules of Probate Procedure; and providing for an effective date. 2
_______________ 3
* Section 1. AS 08.04.120(a) is amended to read: 4
(a) The education and experien ce requirements for an applicant a r e a 5
baccalaureate degree or its equivalent conferred by a college o r university acceptable 6
to the board [AND ADDITIONAL SEMESTER HOURS OR POST-7
BACCALAUREATE STUDY SO THAT THE TOTAL EDUCATIONAL 8
PROGRAM INCLUDES AT LEAST 150 HOURS,] with an accounting concen tration 9
or equivalent as determined by the board by regulation to be ap propriate [,] and two 10
years of accounting experience satisfactory to the board. 11
* Sec. 2. AS 08.04.240(f) is amended to read: 12
(f) An initial permit issued unde r (a) [OR (k)] of this sectio n lasts for the 13
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remainder of the biennial licensing period during which the initial permit was granted. 1
* Sec. 3. AS 08.04.240(g) is amended to read: 2
(g) The board shall renew a permit granted under (a) [OR (k)] of this section 3
or a renewal issued under this subsection if 4
(1) the permittee maintains all of the licensee's offices that are located 5
in this state as required by AS 08.04.360 and 08.04.370; 6
(2) each individual who is required by (a) [OR (k)] of this section to be 7
a certified public accountant of this state complies with the c ontinuing education 8
requirements of AS 08.04.425 and the peer review requirements of AS 08.04.426; and 9
(3) the permittee complies with the requirements of this chapter. 10
* Sec. 4. AS 08.04.420(a) is amended to read: 11
(a) An individual who does not h ave a license in this state, [ B U T ] w h o i s 12
licensed to practice public accounting in another state , and whose principal place of 13
business for the practice of pub lic accounting is in the other state may engage in the 14
practice of public accounting in this state under a practice pr ivilege [IF THE STATE 15
IN WHICH THE INDIVIDUAL IS LICENSED TO PRACTICE PUBLIC 16
ACCOUNTING 17
(1) REQUIRES AS A CONDITION OF LICENSURE THAT AN 18
INDIVIDUAL 19
(A) HAVE AT LEAST 150 SEMESTER HOURS OF 20
COLLEGE EDUCATION, INCLUDING A BACCALAUREATE OR 21
HIGHER DEGREE CONFERRED BY A COLLEGE OR UNIVERSITY; 22
(B) ACHIEVE A PASSING GRADE ON THE UNIFORM 23
CERTIFIED PUBLIC ACCOUNTANT EXAMINATION; AND 24
(C) POSSESS AT LEAST ONE YEAR OF EXPERIENCE, 25
WHICH INCLUDES PROVIDING ANY TYPE OF SERVICE OR ADVICE 26
INVOLVING THE USE OF ACCOUNTING, ATTEST, COMPILATION, 27
MANAGEMENT ADVISORY, FINANCIAL ADVISORY, TAX, OR 28
CONSULTING SKILLS; THE EXPERIENCE MAY BE OBTAINED 29
THROUGH PRACTICE WITH THE GOVERNMENT, INDUSTRY, 30
COLLEGES, UNIVERSITIES, OR THE PUBLIC; OR 31
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(2) DOES NOT REQUIRE AS A CONDITION OF LICENSURE 1
THAT AN INDIVIDUAL SATISFY THE REQUIREMENTS OF (1) OF THIS 2
SUBSECTION, BUT THE INDIVIDUAL'S QUALIFICATIONS ARE 3
SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS OF (1) OF THIS 4
SUBSECTION; HOWEVER, FOR THE PURPOSES OF THIS PARAGRAPH, THE 5
EDUCATION OF AN INDIVIDUAL WHO HOLDS A VALID LICENSE TO 6
PRACTICE PUBLIC ACCOUNTING THAT IS ISSUED BY ANOTHER STATE 7
BEFORE JANUARY 1, 2013, AND WHO PASSES THE UNIFORM CERTIFIED 8
PUBLIC ACCOUNTANT EXAMINATION BEFORE JANUARY 1, 2013, IS 9
EXEMPT FROM THE EDUCATION REQUIREMENT IDENTIFIED IN (1)(A) OF 10
THIS SUBSECTION]. 11
* Sec. 5. AS 08.04.420(c) is amended to read: 12
(c) An individual or firm that [WHO] may engage in the practice of public 13
accounting in this state under [(a) OF] this section is not req uired to provide a notice 14
to the board, to pay a fee to the board, or to submit documenta tion to the board in 15
order to engage in the practic e of public accounting in this st ate. The individual or 16
firm [PERSON] may engage in the practice of public accounting by ma il, by 17
telephone, by electronic means, or in person. 18
* Sec. 6. AS 08.04.420 is amended by adding new subsections to read: 19
(d) A firm that is more than one-half owned by individuals who are certified 20
public accountants in good standing under this chapter or in an other state, has its 21
principal place of business in another state, and does not have an office in the state 22
may engage in the practice of public accounting in the state under a practice privilege. 23
(e) The board may adopt regulati ons establishing qualification s for an 24
individual or firm to engage in the practice of public accounti ng under a practice 25
privilege. 26
* Sec. 7. AS 08.04.422 is amended to read: 27
Sec. 08.04.422. Conditions of practice privileges. An individual or firm with 28
a practice privilege that [WHO] engages in the practice of public accounting in the 29
state under the practice privilege [, A FIRM WITH A PERMIT THAT ENGAGES IN 30
THE PRACTICE OF PUBLIC ACCOUNTING IN THIS STATE,] and a firm th at 31
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hires an individual with a practice privilege shall 1
(1) consent to the personal a nd subject matter jurisdiction an d 2
disciplinary authority of the board; 3
(2) agree to comply with this chapter, including the regulatio ns 4
adopted by the board; 5
(3) agree that the individual or firm will stop offering to en gage or 6
engaging in the practice of pub lic accounting, whether individu ally or on behalf of a 7
firm, if the license from the state of the individual's or firm ' s p r i n c i p a l p l a c e o f 8
business becomes invalid; and 9
(4) consent to the appointment of the state board that issued the 10
individual's license or firm's authorization to en gage in the practice of public 11
accounting in another state as the individual's or firm's agent for service of process 12
in a court action or in another proceeding against the individual or firm that arises out 13
of a transaction or an operation connected with or incidental t o the individual's or 14
firm's engagement in the practice of public accounting. 15
* Sec. 8. AS 08.04.480 is amended to read: 16
Sec. 08.04.480. Grounds for discipline of a firm. The board may revoke or 17
suspend the permit or practice privilege of a firm, [MAY REVOKE, SUSPEND, OR] 18
refuse to renew the firm's [ITS] permit, or [MAY] censure the firm for any of the 19
causes enumerated in AS 08.04.450 or for any of the following additional causes: 20
(1) the revocation, suspension, or refusal to renew the licens e or 21
practice privilege of an owner of a firm in this state or in another state; 22
(2) the cancellation, revocation, suspension, or refusal to re new the 23
permit or authority of the firm to practice public accounting i n another state for any 24
cause other than failure to pay a required fee in that state. 25
* Sec. 9. AS 08.04.490 is amended to read: 26
Sec. 08.04.490. Reinstatement. Upon application in writing and after a 27
hearing, the board may [ISSUE A NEW LICENSE OR ALLOW A PRACTICE 28
PRIVILEGE TO AN INDIVIDUAL WHOSE LICENSE OR PRACTICE 29
PRIVILEGE HAS BEEN REVOKED, OR MAY ISSUE A NEW PERMIT TO A 30
PERSON WHOSE PERMIT HAS BEEN REVOKED, OR MAY] modify the 31
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suspension of or [MAY] reissue a [ANY] license, practice privilege, or permit to 1
practice public accounting that has been revoked or suspended. 2
* Sec. 10. AS 08.04.495 is amended to read: 3
Sec. 08.04.495. Fees. The department shall se t fees under AS 08.01.065 for 4
examinations, reexaminations, permits, and licenses [, AND PRACTICE 5
PRIVILEGES]. 6
* Sec. 11. AS 08.04.510(a) is amended to read: 7
( a ) A f i r m m a y n o t a s s u m e o r u s e t h e t i t l e o r d e s i g n a t i o n " c e rtified public 8
accountant" or the abbreviation "CPA" or any other title, desig nation, word, letter, 9
abbreviation, sign, card, or devi ce tending to indicate that it is composed of certified 10
public accountants, unless the firm 11
(1) holds a permit and is engaging i n the practice of public accoun ting 12
under the name on its permit; or 13
(2) is engaging in the practice of public accounting under a 14
practice privilege. 15
* Sec. 12. AS 08.04.530 is amended to read: 16
Sec. 08.04.530. Firm posing as public accountant. A firm may not assume or 17
use the designation "public acc ountant" or the abbreviation "PA " or any other title, 18
designation, word, letter, abbreviation, sign, card, or device tending to indicate that the 19
firm is composed of public accountants, unless the firm 20
(1) holds a current permit, is practicing under the name on its per mit, 21
and its office in this state for the practice of public account ing is maintained as 22
required by AS 08.04.360 and 08.04.370; or 23
(2) is engaging in the practice of public accounting under a 24
practice privilege. 25
* Sec. 13. AS 08.04.565 is amended to read: 26
Sec. 08.04.565. Prohibited acts. An individual licensed under AS 08.04.105 27
may not perform attest functions through a firm, unless the firm 28
(1) holds a valid permit issued under AS 08.04.240; or 29
(2) is engaging in the practice of public accounting under a 30
practice privilege. 31
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* Sec. 14. AS 08.26.030 is amended to read: 1
Sec. 08.26.030. Requirements for pri vate professional conservat or license. 2
The department shall issue a private professional conservator license to an individual 3
(1) who is at least 21 years of age; 4
(2) who has obtained a high school diploma, or a general educa tion 5
development diploma or its equivalent; 6
(3) who has six months' employment experience in a position 7
involving financial management, or has at least an associate de gree in accounting or a 8
closely related field; 9
(4) who is 10
(A) certified as a guardian by a nationally recognized 11
organization in the field of guardianships; or 12
(B) licensed as a certif ied public accountant under 13
AS 08.04; 14
(5) whose criminal history record checks under AS 08.26.070 sh ow 15
that the individual has not been convicted of a felony or of a misdemeanor offense in 16
the state or in any other juri sdiction involving fraud, misrepr esentation, material 17
omission, misappropriation, theft, conversion, or any other cri me that the department 18
determines would affect the individual's ability to provide the services of a conservator 19
competently and safely for the protected person within 10 years before the application; 20
and 21
(6) who satisfies the application requirements of AS 08.26.060. 22
* Sec. 15. AS 08.26.050(a) is amended to read: 23
( a ) T h e d e p a r t m e n t s h a l l i s s u e a temporary license to an indiv idual under 24
AS 08.26.020 [OR 08.26.030] who 25
(1) is not certified by a nationally recognized organization i n the field 26
of guardianships at the time of the application but is likely t o become certified within 27
one year from the date [OF] the temporary license is issued; [,] and 28
(2) otherwise satisfies the licensing requirements of AS 08.26.020 [OR 29
08.26.030; AND 30
( 2 ) S A T I S F I E S T H E A P P L I C A T I O N R E Q U I R E M E N T S O F 31
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AS 08.26.060]. 1
* Sec. 16. AS 08.26.050(b) is amended to read: 2
(b) If an [THE] individual with a temporary license under (a) or (d) of this 3
section submits proof of the required certificate or license [CERTIFICATION BY A 4
NATIONALLY RECOGNIZED ORGANIZATION IN THE FIELD OF 5
GUARDIANSHIPS] within one year from the date of the issuance of the temporary 6
license, the department shall issu e the individual a license un der AS 08.26.020 or 7
08.26.030 without requiring a new application. 8
* Sec. 17. AS 08.26.050 is amended by adding a new subsection to read: 9
(d) The department shall issue a temporary license to an indiv idual under 10
AS 08.26.030 who 11
(1) is not certified by a nationally recognized organization i n the field 12
of guardianships or licensed as a certified public accountant u nder AS 08.04 at the 13
time of the application but is likely to become certified or li censed within one year 14
from the date the temporary license is issued; and 15
(2) otherwise satisfies the licensing requirements of AS 08.26.030. 16
* Sec. 18. AS 08.26.130 is amended to read: 17
Sec. 08.26.130. Grounds for disciplinary action. T h e d e p a r t m e n t m ay t a k e 18
disciplinary action against an individual under AS 08.01.075 or r e f u s e t o i s s u e o r 19
renew a license if the department determines that the individual 20
(1) obtained or attempted to obtain a license under this chapter through 21
deceit, fraud, or intentional misrepresentation; 22
(2) has not complied with the s tandards of conduct established by the 23
department under AS 13.26.001; 24
(3) forfeited a license in this or another jurisdiction as a r esult of 25
deceit, fraud, intentional misrepresentation, or professional incompetence; 26
(4) has been found by a court in this state to have engaged in 27
professional misconduct or incompetence; 28
(5) has advertised the individua l's services in a false or mis leading 29
manner; 30
(6) has been convicted, including a conviction based on a guilty plea or 31
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plea of nolo contendere, of a felony or other crime that affect s the individual's ability 1
to provide services competently and safely for the ward or protected person; 2
(7) has been found to have abandoned, exploited, abused, or ne glected 3
a vulnerable adult; in this para graph, "vulnerable adult" has t he meaning given in 4
AS 47.24.900; 5
(8) has failed to comply with this chapter or with a regulatio n adopted 6
under this chapter; 7
(9) has continued or attempted to practice after becoming unfi t due to 8
professional incompetence; 9
(10) has failed to maintain the certification or licensure required to 10
obtain the individual's licen se under AS 08.26.020(a)(3) or 08. 26.030(4) [ B Y A 11
NATIONALLY RECOGNIZED ORGANIZATION IN THE FIELD OF 12
(A) GUARDIANSHIPS, IF THE INDIVIDUAL WAS 13
ISSUED A PRIVATE PROFESSIONAL GUARDIAN LICENSE; OR 14
(B) CONSERVATORSHIPS, IF THE INDIVIDUAL WAS 15
ISSUED A PRIVATE PROFESSIONAL CONSERVATOR LICENSE]; or 16
(11) fails to maintain a bond or other surety as required by a court 17
order. 18
* Sec. 19. AS 13.26.465(g) is amended to read: 19
(g) In addition to any other requirement of this section, [WHE N 20
APPOINTING A RELATIVE OR FRIEND OF THE PROTECTED PERSON AS 21
THE CONSERVATOR OF THE PROTECTED PERSON,] the court shall require that 22
a [THE] proposed conservator complete one hour of mandatory educ ation on the 23
basics of conservatorship before the appointment or within 30 d ays after the 24
appointment if the proposed conservator is a 25
(1) relative or friend of the protected person; or 26
(2) private professional conse rvator who obtai ned a private 27
professional conservator license by satisfying the licensure re quirement provided 28
under AS 08.26.030(4)(B) and has not previously completed the m andatory 29
education required by the court under this subsection . [IF THE PERSON IS 30
APPOINTED BASED ON THE PERSON'S AGREEMENT TO COMPLETE THE 31
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MANDATORY EDUCATION AND THE PERSON FAILS TO COMPLETE THE 1
MANDATORY EDUCATION WITHIN THE 30 DAYS, THE COURT SHALL 2
REMOVE THE CONSERVATOR AND APPOINT A SUCCESSOR.] 3
* Sec. 20. AS 13.26.465 is amended by adding a new subsection to read: 4
(h) If a person is appointed as a conservator based on the per son's agreement 5
to complete the mandatory education within 30 days under (g) of this section and the 6
person fails to complete the ma ndatory education within 30 days , the court shall 7
remove the conservator and appoint a successor. 8
* Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 9
read: 10
D I R E C T C O U R T R U L E A M E N D M E N T . R u l e 1 7 ( e ) , A l a s k a R u l e s o f 11
Probate Procedure, is amended to read: 12
(e) Mandatory Education. A person required to complete one hour of 13
mandatory education on the basics of conservatorship under AS 1 3.26.465(g) 14
[RELATIVE OR FRIEND OF THE PROTECTED PERSON WHO IS APPOINTED 15
AS A CONSERVATOR] must complete the [ONE HOUR OF] mandatory education 16
[ON THE BASICS OF CONSERVATORSH IP] before [THE] appointment or within 17
30 days after [THE] appointment as provided by AS 13.26.465(g). 18
* Sec. 22. AS 08.04.240(k) is repealed. 19
* Sec. 23. Sections 14 - 21 of this Act take effect immediately under AS 01.10.070(c). 20
* Sec. 24. Except as provided in sec. 23 of this Act, this Act takes effect January 1, 2026. 21