Public Act 93-0629
SB713 Enrolled LRB093 03166 AMC 03183 b
AN ACT concerning accounting.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Accounting Act is amended
by changing Sections 2 and 20.01 as follows:
(225 ILCS 450/2) (from Ch. 111, par. 5502)
(Section scheduled to be repealed on January 1, 2014)
(Text of Section before amendment by P.A. 92-457)
Sec. 2. Examinations. The University shall appoint a
Board of Examiners that shall determine the qualifications of
persons applying for certificates and shall make rules for
and conduct examinations for determining the qualifications.
The Board shall consist of 9 examiners, at least 7 of
whom shall be certified public accountants in this State who
have been residents of this State for at least 5 years
immediately preceding their appointment. One shall be either
an accountant of the grade herein described or an attorney
licensed and residing in this State and one shall be a
certified public accountant who is an active or retired
educator residing in this State. The term of office of each
examiner shall be 3 years, except that upon the enactment of
this amendatory Act of 1993, those members currently serving
on the Board shall continue to serve the duration of their
terms, one additional examiner shall be appointed for a term
of one year, one additional examiner for a term of 2 years,
and 2 additional examiners for a term of 3 years. As the
term of each examiner expires, the appointment shall be
filled for a term of 3 years from the date of expiration.
Any Board member who has served as a member for 6 consecutive
years shall not be eligible for reappointment until 2 years
after the end of the term in which the sixth consecutive year
of service occurred.
Information regarding educational requirements, the
application process, the examination, and fees shall be
available on the the Board's Internet web site as well as in
printed documents available from the Board's office. The
time and place of holding the examinations shall be
determined by the Board and shall be duly advertised by the
Board.
The examination shall test the applicant's knowledge of
accounting, auditing, and other related subjects, if any, as
the Board may deem advisable. Prior to implementation of a
computer-based examination, a candidate must be examined in
all subjects except that a candidate who has passed in 2 or
more subjects and who attained a minimum grade in each
subject failed as may be established by Board regulations
shall have the right to be re-examined in the remaining
subjects at one or more of the next 6 succeeding
examinations. Upon implementation of a computer-based
examination, a candidate shall be required to pass all
sections of the examination in order to qualify for a
certificate. A candidate may take the required test sections
individually and in any order, as long as the examination is
taken within a timeframe established by Board rule.
The Board may in certain cases waive or defer any of the
requirements of this Section regarding the circumstances in
which the various Sections of the examination must be passed
upon a showing that, by reasons of circumstances beyond the
applicant's control, the applicant was unable to meet the
requirement.
Applicants may also be required to pass an examination on
the rules of professional conduct, as determined by Board
rule to be appropriate.
The examinations shall be given at least twice a year.
Any application, document or other information filed by
or concerning an applicant and any examination grades of an
applicant shall be deemed confidential and shall not be
disclosed to anyone without the prior written permission of
the applicant, except that it is hereby deemed in the public
interest that the names and addresses only of all applicants
shall be a public record and be released as public
information. Nothing herein shall prevent the Board from
making public announcement of the names of persons receiving
certificates under this Act.
The Board shall adopt all necessary and reasonable rules
and regulations for the effective administration of the
Sections of this Act for which it is charged with
administering. Without limiting the foregoing, the Board
shall adopt and prescribe rules and regulations for a fair
and wholly and impartial method of determining the
qualifications of applicants for examination and for a fair
and wholly and impartial method of examination of persons
under Section 2 and may establish rules for subjects
conditioned and for the transfer of credits from other
jurisdictions with respect to subjects passed.
(Source: P.A. 88-36.)
(Text of Section after amendment by P.A. 92-457)
Sec. 2. Examinations. The Governor shall appoint a Board
of Examiners that shall determine the qualifications of
persons applying for certificates and shall make rules for
and conduct examinations for determining the qualifications.
The Board shall consist of not less than 9 nor more than 11
examiners, as determined by Board rule, including 2 public
members. The remainder shall be certified public accountants
in this State who have been residents of this State for at
least 5 years immediately preceding their appointment, except
that one shall be either a certified public accountant of the
grade herein described or an attorney licensed and residing
in this State and one shall be a certified public accountant
who is an active or retired educator residing in this State.
The term of office of each examiner shall be 3 years, except
that upon the enactment of this amendatory Act of the 92nd
General Assembly, those members currently serving on the
Board shall continue to serve the duration of their terms,
one additional examiner shall be appointed for a term of one
year, one additional examiner for a term of 2 years, and any
additional examiners for terms of 3 years. As the term of
each examiner expires, the appointment shall be filled for a
term of 3 years from the date of expiration. Any Board
member who has served as a member for 6 consecutive years
shall not be eligible for reappointment until 2 years after
the end of the term in which the sixth consecutive year of
service occurred, except that members of the Board serving on
the effective date of this Section shall be eligible for
appointment to one additional 3-year term. Where the
expiration of any member's term shall result in less than 11
members then serving on the Board, the member shall continue
to serve until his or her successor is appointed and has
qualified. The Governor may terminate the term of any member
of the Board at any time for cause.
Information regarding educational requirements, the
application process, the examination, and fees shall be
available on the Board's Internet web site as well as in
printed documents available from the Board's office. The time
and place of holding the examinations shall be determined by
the Board and shall be duly advertised by the Board.
The examination shall test the applicant's knowledge of
accounting, auditing, and other related subjects, if any, as
the Board may deem advisable. Prior to implementation of a
computer-based examination, a candidate must be examined in
all subjects except that a candidate who has passed in 2 or
more subjects and who attained a minimum grade in each
subject failed as may be established by Board regulations
shall have the right to be re-examined in the remaining
subjects at one or more of the next 6 succeeding
examinations. Upon implementation of a computer-based
examination, a candidate shall be required to pass all
sections of the examination in order to qualify for a
certificate. A candidate may take the required test sections
individually and in any order, as long as the examination is
taken within a timeframe established by Board rule.
The Board may in certain cases waive or defer any of the
requirements of this Section regarding the circumstances in
which the various Sections of the examination must be passed
upon a showing that, by reasons of circumstances beyond the
applicant's control, the applicant was unable to meet the
requirement.
Applicants may also be required to pass an examination on
the rules of professional conduct, as determined by Board
rule to be appropriate.
The examinations shall be given at least twice a year.
Any application, document or other information filed by
or concerning an applicant and any examination grades of an
applicant shall be deemed confidential and shall not be
disclosed to anyone without the prior written permission of
the applicant, except that it is hereby deemed in the public
interest that the names and addresses only of all applicants
shall be a public record and be released as public
information. Nothing herein shall prevent the Board from
making public announcement of the names of persons receiving
certificates under this Act.
The Board shall adopt all necessary and reasonable rules
and regulations for the effective administration of this Act.
Without limiting the foregoing, the Board shall adopt and
prescribe rules and regulations for a fair and wholly and
impartial method of determining the qualifications of
applicants for examination and for a fair and wholly and
impartial method of examination of persons under Section 2
and may establish rules for subjects conditioned and for the
transfer of credits from other jurisdictions with respect to
subjects passed.
(Source: P.A. 92-457, eff. 7-1-04.)
(225 ILCS 450/20.01) (from Ch. 111, par. 5521.01)
(Section scheduled to be repealed on January 1, 2014)
(Text of Section before amendment by P.A. 92-457)
Sec. 20.01. Grounds for discipline.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, or reprimand any license or licensee, place
a licensee on probation for a period of time subject to any
conditions the Committee may specify including requiring the
licensee to attend continuing education courses or to work
under the supervision of another licensee, impose a fine not
to exceed $5,000 for each violation, restrict the authorized
scope of practice, or require a licensee to undergo a peer
review program, for any one or more of the following:
(1) Violation of any provision of this Act.
(2) Attempting to procure a license to practice
public accounting by bribery or fraudulent
misrepresentations.
(3) Having a license to practice public accounting
revoked, suspended, or otherwise acted against, including
the denial of licensure, by the licensing authority of
another state, territory, or country. No disciplinary
action shall be taken in Illinois if the action taken in
another jurisdiction was based upon failure to meet the
continuing professional education requirements of that
jurisdiction and the applicable Illinois continuing
professional education requirements are met.
(4) Being convicted or found guilty, regardless of
adjudication, of a crime in any jurisdiction which
directly relates to the practice of public accounting or
the ability to practice public accounting.
(5) Making or filing a report or record which the
registrant knows to be false, willfully failing to file a
report or record required by state or federal law,
willfully impeding or obstructing the filing, or inducing
another person to impede or obstruct the filing. The
reports or records shall include only those that are
signed in the capacity of a public accountant.
(6) Conviction in this or another State or the
District of Columbia, or any United States Territory, of
any crime that is punishable by one year or more in
prison or conviction of a crime in a federal court that
is punishable by one year or more in prison.
(7) Proof that the licensee is guilty of fraud or
deceit, or of gross negligence, incompetency, or
misconduct, in the practice of public accounting.
(8) Violation of any rule adopted under this Act.
(9) Practicing on a revoked, suspended, or inactive
license.
(10) Suspension or revocation of the right to
practice before any state or federal agency.
(11) Conviction of any crime under the laws of the
United States or any state or territory of the United
States that is a felony or misdemeanor and has dishonesty
as essential element, or of any crime that is directly
related to the practice of the profession.
(12) Making any misrepresentation for the purpose
of obtaining a license, or material misstatement in
furnishing information to the Department.
(13) Aiding or assisting another person in
violating any provision of this Act or rules promulgated
hereunder.
(14) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public and violating the rules of
professional conduct adopted by the Department.
(15) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in the inability to practice
with reasonable skill, judgment, or safety.
(16) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional service not actually
rendered.
(17) Physical or mental disability, including
deterioration through the aging process or loss of
abilities and skills that results in the inability to
practice the profession with reasonable judgment, skill
or safety.
(18) Solicitation of professional services by using
false or misleading advertising.
(19) Failure to file a return, or pay the tax,
penalty or interest shown in a filed return, or to pay
any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois
Department of Revenue or any successor agency or the
Internal Revenue Service or any successor agency.
(20) Practicing or attempting to practice under a
name other than the full name as shown on the license or
any other legally authorized name.
(21) A finding by the Department that a licensee
has not complied with a provision of any lawful order
issued by the Department.
(22) Making a false statement to the Department
regarding compliance with continuing professional
education requirements.
(23) Failing to make a substantive response to a
request for information by the Department within 30 days
of the request.
(b) (Blank).
(c) In rendering an order, the Director shall take into
consideration the facts and circumstances involving the type
of acts or omissions in subsection (a) including, but not
limited to:
(1) the extent to which public confidence in the
public accounting profession was, might have been, or may
be injured;
(2) the degree of trust and dependence among the
involved parties;
(3) the character and degree of financial or
economic harm which did or might have resulted; and
(4) the intent or mental state of the person
charged at the time of the acts or omissions.
(d) The Department shall reissue the license upon
certification by the Committee that the disciplined licensee
has complied with all of the terms and conditions set forth
in the final order.
(e) The Department shall deny any application for a
license or renewal, without hearing, to any person who has
defaulted on an educational loan guaranteed by the Illinois
Student Assistance Commission; however, the Department may
issue a license or renewal if the person in default has
established a satisfactory repayment record as determined by
the Illinois Student Assistance Commission.
(f) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code will result in the automatic suspension of his or her
license. The suspension will end upon a finding by a court
that the licensee is no longer subject to involuntary
admission or judicial admission, the issuance of an order so
finding and discharging the patient, and the recommendation
of the Committee to the Director that the licensee be allowed
to resume professional practice.
(Source: P.A. 90-655, eff. 7-30-98; revised 3-7-02.)
(Text of Section after amendment by P.A. 92-457)
Sec. 20.01. Grounds for discipline; license.
(a) The Board may refuse to issue or renew, or may
revoke, suspend, or reprimand any license or licensee, place
a licensee on probation for a period of time subject to any
conditions the Board may specify including requiring the
licensee to attend continuing education courses or to work
under the supervision of another licensee, impose a fine not
to exceed $5,000 for each violation, restrict the authorized
scope of practice, or require a licensee to undergo a peer
review program, for any one or more of the following:
(1) Violation of any provision of this Act.
(2) Attempting to procure a license to practice
public accounting by bribery or fraudulent
misrepresentations.
(3) Having a license to practice public accounting
revoked, suspended, or otherwise acted against, including
the denial of licensure, by the licensing authority of
another state, the District of Columbia, or any United
States territory. No disciplinary action shall be taken
in Illinois if the action taken in another jurisdiction
was based upon failure to meet the continuing
professional education requirements of that jurisdiction
and the applicable Illinois continuing professional
education requirements are met.
(4) Being convicted or found guilty, regardless of
adjudication, of a crime in any jurisdiction which
directly relates to the practice of public accounting or
the ability to practice public accounting.
(5) Making or filing a report or record which the
registrant knows to be false, willfully failing to file a
report or record required by state or federal law,
willfully impeding or obstructing the filing, or inducing
another person to impede or obstruct the filing. The
reports or records shall include only those that are
signed in the capacity of a licensed certified public
accountant.
(6) Conviction in this or another State or the
District of Columbia, or any United States Territory, of
any crime that is punishable by one year or more in
prison or conviction of a crime in a federal court that
is punishable by one year or more in prison.
(7) Proof that the licensee is guilty of fraud or
deceit, or of gross negligence, incompetency, or
misconduct, in the practice of public accounting.
(8) Violation of any rule adopted under this Act.
(9) Practicing on a revoked, suspended, or inactive
license.
(10) Suspension or revocation of the right to
practice before any state or federal agency.
(11) Conviction of any crime under the laws of the
United States or any state or territory of the United
States that is a felony or misdemeanor and has dishonesty
as an essential element, or of any crime that is directly
related to the practice of the profession.
(12) Making any misrepresentation for the purpose
of obtaining a license, or material misstatement in
furnishing information to the Board.
(13) Aiding or assisting another person in
violating any provision of this Act or rules promulgated
hereunder.
(14) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public and violating the rules of
professional conduct adopted by the Board.
(15) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in the inability to practice
with reasonable skill, judgment, or safety.
(16) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional service not actually
rendered.
(17) Physical or mental disability, including
deterioration through the aging process or loss of
abilities and skills that results in the inability to
practice the profession with reasonable judgment, skill
or safety.
(18) Solicitation of professional services by using
false or misleading advertising.
(19) Failure to file a return, or pay the tax,
penalty or interest shown in a filed return, or to pay
any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois
Department of Revenue or any successor agency or the
Internal Revenue Service or any successor agency.
(20) Practicing or attempting to practice under a
name other than the full name as shown on the license or
any other legally authorized name.
(21) A finding by the Board that a licensee has not
complied with a provision of any lawful order issued by
the Board.
(22) Making a false statement to the Board
regarding compliance with continuing professional
education requirements.
(23) Failing to make a substantive response to a
request for information by the Board within 30 days of
the request.
(b) (Blank).
(c) In rendering an order, the Board shall take into
consideration the facts and circumstances involving the type
of acts or omissions in subsection (a) including, but not
limited to:
(1) the extent to which public confidence in the
public accounting profession was, might have been, or may
be injured;
(2) the degree of trust and dependence among the
involved parties;
(3) the character and degree of financial or
economic harm which did or might have resulted; and
(4) the intent or mental state of the person
charged at the time of the acts or omissions.
(d) The Board shall reissue the license upon a showing
that the disciplined licensee has complied with all of the
terms and conditions set forth in the final order.
(e) The Board shall deny any application for a license
or renewal, without hearing, to any person who has defaulted
on an educational loan guaranteed by the Illinois Student
Assistance Commission; however, the Board may issue a license
or renewal if the person in default has established a
satisfactory repayment record as determined by the Illinois
Student Assistance Commission.
(f) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code will result in the automatic suspension of his or her
license. The suspension will end upon a finding by a court
that the licensee is no longer subject to involuntary
admission or judicial admission and the issuance of an order
so finding and discharging the patient.
(Source: P.A. 92-457, eff. 7-1-04; revised 3-7-02.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.