Full Text of HB6838 93rd General Assembly
HB6838 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6838
Introduced 02/09/04, by John A. Fritchey SYNOPSIS AS INTRODUCED: |
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225 ILCS 450/2 |
from Ch. 111, par. 5502 |
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Amends the Illinois Public Accounting Act. Makes a technical change in a Section concerning the Board of Examiners.
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A BILL FOR
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HB6838 |
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LRB093 18521 AMC 44241 b |
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Public Accounting Act is amended by | 5 |
| changing Section 2 as follows: | 6 |
| (225 ILCS 450/2) (from Ch. 111, par. 5502)
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| (Section scheduled to be repealed on January 1, 2014)
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| (Text of Section before amendment by P.A. 92-457 )
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| Sec. 2. Examinations. The University shall appoint a Board | 10 |
| of
Examiners that shall determine the qualifications of persons | 11 |
| applying for
certificates and shall make rules for and conduct | 12 |
| examinations for determining
the qualifications.
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| The Board of Examiners shall consist of 9 examiners, at | 14 |
| least 7 of whom shall be certified
public accountants in this | 15 |
| State who have been residents of this State for at
least 5 | 16 |
| years immediately preceding their appointment. One shall be | 17 |
| either
an accountant of the grade herein described or an | 18 |
| attorney licensed and
residing in this State and one shall be a | 19 |
| certified public accountant who is an
active or retired | 20 |
| educator residing in this State. The term of office of each
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| examiner shall be 3 years, except that upon the enactment of | 22 |
| this
amendatory Act of 1993, those members currently serving on | 23 |
| the Board
shall continue to serve the duration of their terms, | 24 |
| one additional examiner
shall be appointed for a term of one | 25 |
| year, one additional examiner for a term
of 2 years, and 2 | 26 |
| additional examiners for a term of 3 years. As the term of
each | 27 |
| examiner expires, the appointment shall be filled for a term of | 28 |
| 3 years
from the date of expiration. Any Board member who has | 29 |
| served as a member for 6
consecutive years shall not be | 30 |
| eligible for reappointment until 2 years after
the end of the | 31 |
| term in which the sixth consecutive year of service occurred.
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| Information regarding educational requirements, the |
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HB6838 |
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LRB093 18521 AMC 44241 b |
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| application process,
the examination, and fees shall be | 2 |
| available on the the Board's Internet web
site
as well as in
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| printed documents available from the Board's office.
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| The examination shall test the applicant's knowledge of | 5 |
| accounting, auditing,
and other related subjects, if any, as | 6 |
| the Board may deem advisable. Prior
to implementation of a | 7 |
| computer-based examination, a
candidate must be examined in all | 8 |
| subjects except that a candidate who has
passed in 2 or more | 9 |
| subjects and who attained a minimum grade in each subject
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| failed as may be established by Board regulations shall have | 11 |
| the right to be
re-examined in the remaining subjects at one or | 12 |
| more of the next 6
succeeding examinations.
Upon implementation | 13 |
| of a computer-based examination, a
candidate shall be required | 14 |
| to pass all sections of the examination in order to
qualify for | 15 |
| a certificate. A candidate may take the required test sections
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| individually and in any order, as long as the examination is | 17 |
| taken within
a timeframe established by
Board rule.
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| The Board may in certain cases waive or defer any of the | 19 |
| requirements of
this Section regarding the circumstances in | 20 |
| which the various Sections of the
examination must be passed | 21 |
| upon a showing that, by reasons of circumstances
beyond the | 22 |
| applicant's control, the applicant was unable to meet the
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| requirement.
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| Applicants may also be required to pass an examination on | 25 |
| the rules of
professional conduct, as determined by Board rule | 26 |
| to be appropriate.
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| The examinations shall be given at least
twice a year.
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| Any application, document or other information filed by or | 29 |
| concerning an
applicant and any examination grades of an | 30 |
| applicant shall be deemed
confidential and shall not be | 31 |
| disclosed to anyone without the prior written
permission of the | 32 |
| applicant, except that it is hereby deemed in the public
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| interest that the names and addresses only of all applicants | 34 |
| shall be a public
record and be released as public information. | 35 |
| Nothing herein shall prevent the
Board from making public | 36 |
| announcement of the names of persons receiving
certificates |
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HB6838 |
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LRB093 18521 AMC 44241 b |
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| under this Act.
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| The Board shall adopt all necessary and reasonable rules | 3 |
| and regulations
for the effective administration of the | 4 |
| Sections of this Act for which it
is charged with | 5 |
| administering. Without limiting the foregoing, the Board
shall | 6 |
| adopt and prescribe rules and regulations for a fair and wholly | 7 |
| and
impartial method of determining the qualifications of | 8 |
| applicants for
examination and for a fair and wholly and | 9 |
| impartial method of examination of
persons under Section 2 and | 10 |
| may establish rules for subjects conditioned and
for the | 11 |
| transfer of credits from other jurisdictions with respect to | 12 |
| subjects
passed.
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| (Source: P.A. 88-36; 93-629, eff. 12-23-03.)
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| (Text of Section after amendment by P.A. 92-457 )
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| Sec. 2. Examinations. The Governor shall appoint a Board
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| of
Examiners that shall determine the qualifications of persons | 17 |
| applying for
certificates and shall make rules for and conduct | 18 |
| examinations for determining
the qualifications. | 19 |
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The Board of Examiners shall consist of not less than 9 | 20 |
| nor more than
11 examiners, as determined by Board rule, | 21 |
| including 2 public
members. The
remainder shall be
certified
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| public accountants in this State who have been residents of | 23 |
| this State for at
least 5 years immediately preceding their | 24 |
| appointment, except that one shall be either
a certified public | 25 |
| accountant of the grade herein described or an
attorney | 26 |
| licensed and
residing in this State and one shall be a | 27 |
| certified public accountant who is an
active or retired | 28 |
| educator residing in this State. The term of office of each
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| examiner shall be 3 years, except that upon the enactment of | 30 |
| this
amendatory Act of the 92nd General Assembly, those members
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| currently serving on the Board
shall continue to serve the | 32 |
| duration of their terms, one additional examiner
shall be | 33 |
| appointed for a term of one year, one additional examiner for a | 34 |
| term
of 2 years, and any additional examiners for terms of
3 | 35 |
| years. As the term of
each examiner expires, the appointment |
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HB6838 |
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LRB093 18521 AMC 44241 b |
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| 1 |
| shall be filled for a term of 3 years
from the date of | 2 |
| expiration. Any Board member who has served as a member for 6
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| consecutive years shall not be eligible for reappointment until | 4 |
| 2 years after
the end of the term in which the sixth | 5 |
| consecutive year of service occurred,
except that members of | 6 |
| the
Board serving on the effective date of this Section shall | 7 |
| be eligible
for appointment to one additional 3-year term. | 8 |
| Where the expiration of
any member's term shall result in less | 9 |
| than 11 members then serving on
the Board, the member shall | 10 |
| continue to serve until his or her successor is
appointed and | 11 |
| has qualified. The Governor may terminate the term of any
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| member of the Board at any time for cause.
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| Information regarding educational requirements, the | 14 |
| application process,
the
examination, and fees shall be | 15 |
| available on the Board's Internet web site as
well as in
| 16 |
| printed documents available from the Board's office.
| 17 |
| The examination shall test the applicant's knowledge of | 18 |
| accounting, auditing,
and other related subjects, if any, as | 19 |
| the Board may deem advisable. Prior
to
implementation of a | 20 |
| computer-based examination, a
candidate must be examined in all | 21 |
| subjects except that a candidate who has
passed in 2 or more | 22 |
| subjects and who attained a minimum grade in each subject
| 23 |
| failed as may be established by Board regulations shall have | 24 |
| the right to be
re-examined in the remaining subjects at one or | 25 |
| more of the next 6
succeeding examinations.
Upon implementation | 26 |
| of a computer-based examination, a
candidate shall be required | 27 |
| to pass all sections of the examination in order to
qualify for | 28 |
| a certificate. A candidate may take the required test sections
| 29 |
| individually and in any order, as long as the examination is | 30 |
| taken within a
timeframe established by
Board rule.
| 31 |
| The Board may in certain cases waive or defer any of the | 32 |
| requirements of
this Section regarding the circumstances in | 33 |
| which the various Sections of the
examination must be passed | 34 |
| upon a showing that, by reasons of circumstances
beyond the | 35 |
| applicant's control, the applicant was unable to meet the
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| requirement.
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HB6838 |
- 5 - |
LRB093 18521 AMC 44241 b |
|
| 1 |
| Applicants may also be required to pass an examination on | 2 |
| the rules of
professional conduct, as determined by Board rule | 3 |
| to be appropriate.
| 4 |
| The examinations shall be given at least
twice a year.
| 5 |
| Any application, document or other information filed by or | 6 |
| concerning an
applicant and any examination grades of an | 7 |
| applicant shall be deemed
confidential and shall not be | 8 |
| disclosed to anyone without the prior written
permission of the | 9 |
| applicant, except that it is hereby deemed in the public
| 10 |
| interest that the names and addresses only of all applicants | 11 |
| shall be a public
record and be released as public information. | 12 |
| Nothing herein shall prevent the
Board from making public | 13 |
| announcement of the names of persons receiving
certificates | 14 |
| under this Act.
| 15 |
| The Board shall adopt all necessary and reasonable rules | 16 |
| and regulations
for the effective administration of this Act. | 17 |
| Without limiting the foregoing,
the Board
shall adopt and | 18 |
| prescribe rules and regulations for a fair and wholly and
| 19 |
| impartial method of determining the qualifications of | 20 |
| applicants for
examination and for a fair and wholly and | 21 |
| impartial method of examination of
persons under Section 2 and | 22 |
| may establish rules for subjects conditioned and
for the | 23 |
| transfer of credits from other jurisdictions with respect to | 24 |
| subjects
passed.
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| (Source: P.A. 92-457, eff. 7-1-04; 93-629, eff. 12-23-03.)
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| Section 95. No acceleration or delay. Where this Act makes | 27 |
| changes in a
statute that is represented in this Act by text | 28 |
| that is not yet or no longer in
effect (for example, a Section | 29 |
| represented by multiple versions), the use of
that text does | 30 |
| not accelerate or delay the taking effect of (i) the changes
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| made by this Act or (ii) provisions derived from any other | 32 |
| Public Act.
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