Oklahoma Fails to Join 28 Other States That Have Passed Mobility Legislation

The House of Representatives conferees for Senate Bill 1010 would not agree to the OSCPA’s proposed compromise and would not sign the conference committee report. Subsequently, Oklahoma’s proposed mobility legislation — which takes a driver’s license approach to CPAs practicing accounting across state lines — and any amendments areno longer alive.

Oklahoma will remain a state in which all out-of-state CPAs who perform accounting services for clients who reside in Oklahoma will have to notify the Accountancy Board.Oklahoma CPAs who have clients in other states will not have to notify Boards inthe now 26 states that have passed mobility legislation. OSCPA Executive Director Daryl Hill, CAE, said the events dealt a legislative blow to the Society.

“My first reaction was to blame myself,” Hill said. “If I had done something different or worked even more hours, could we have been successful? Secondly, I felt bad that I had to ask members, some of them many times, to volunteer valuable time during their ‘busy’ season to make calls or send e-mails to their legislator, and then only to have the bill defeated at the end of the session. It was incredibly disappointing.” Hill said the Oklahoma Society of Accountants (OSA) played a large part in the bill’s demise. “The lobbyists and membership of OSA were able to create enough confusion throughout the session to not only mislead the legislature about what SB 1010 is really about but also to confuse and mislead CPAs,” Hill explained. “Their propaganda always pointed the finger at the large firms. They tried to scare the small firms into believing that mobility would open up the state and big firms would come in and take away clients. Their legislators listened to them.”

However, Hill added, lack of participation from the majority of OSCPA members did not help the cause. “That played out in a big way this session,” Hill said. “The OSCPA has over 6,500 CPAs as members. The unlicensed group, as close as we can determine, has under 500 members. It is obvious that we hurt ourselves by lack of involvement and lack of strong relationships with legislators. Legislators will be much better listeners with constituents who they know on a first-name basis and with whom they feel comfortable discussing issues. We — our lobbyist, our Government Relations Committee and I — can’t be successful without strong participation from members.” In addition to lack of participation, another issue facing the OSCPA’s bill, was the lack of understanding that uniform mobility affects all OSCPA members. Hill explained, “CPAs who think uniform mobility legislation doesn’t affect them are kidding themselves. Increased interstate commerce and virtual technologies are today’s business realities. It appears the unlicensed want to keep things as they are and maintain the status quo. The lack of a uniform system is a significant barrier to consumer choice, for consumers in Oklahoma and consumers in other states who are clients of Oklahoma CPAs. Consumers should receive timely services from the CPA best suited to the job, regardless of location. Today, more and more businesses based in Oklahoma have locations in multiple states and businesses based in other states have locations in Oklahoma. With mobility, these businesses would be better served with the flexibility uniform mobility gives to the profession.” Although disappointed in the outcome, Hill expressed gratitude for the members who actively sought support for the bill by contacting their legislators, offering special thanks to one member in particular, Carlos Johnson, CPA.

“Year after year, he volunteers a huge number of hours to OSCPA’s legislative efforts,” Hill said. “Quite honestly, there isn’t anyone who comes even close to devoting the number of hours that Carlos does for this very important activity that benefits the entire membership.”

Though Oklahoma’s mobility legislation will not be signed in 2008, Hill said the OSCPA will not give up and has already formulated plans for 2009.

“In all likelihood there could be as many as 30 states that will have passed uniform mobility legislation by the end of 2008 [there are currently 28],” Hill said. “Considering progress by other states, it is even more disappointing that we failed in our efforts this session.

“If we expect to be successful in 2009, members need to begin grass roots lobbying now.” 

Hill added, “Members are going to have to diffuse all of the misinformation that the unlicensed group has disseminated to the legislators. The OSCPA is the advocate for the CPA profession but cannot be successful against the OSA’s lobbying without member involvement.”

When asked to for specifics on grass roots lobbying, Hill said members need to make strong efforts in getting to know their legislators on a first-name basis.

“The time is NOW,” Hill stressed. “Members can’t wait until next January or February. They need to understand our legislative issues and discuss them every time they run across their legislators. We can’t expect that just a call or an e-mail a few times during the legislative session asking their legislators for support is going to be enough to get the job done.”

He pointed out that OSCPA’s web site, www.oscpa.com, “always has up-to-date information regarding the issues so members always have material to use. Also, I am always available to answer any questions and give any assistance needed.”

Hill offered words of wisdom from another Fellow Member to underscore the OSCPA’s advocacy efforts.

“As incoming President Dick Shanahan said, ‘We have to have as much passion in getting involved and passing legislation that is beneficial to the profession and to the general public as our opposition has in defeating any legislation that we introduce, regardless of the affect on them.’”

View the support map.

• Read the Key Points
• Read the FAQs
• See Article on States that have Passed Mobility Legislation
• OSCPA and Oklahoma Accountancy Board Support Mobility