Full Text of HB5773 97th General Assembly
HB5773 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5773 Introduced 2/16/2012, by Rep. Robert Rita SYNOPSIS AS INTRODUCED: |
| |
Amends the Illinois Public Accounting Act. Creates provisions that concern accounting activities and applicability of the Act. Makes changes to provisions concerning definitions; the Board of Examiners; the Public Accountant Registration Committee; the Administrative Procedure Act; transitional language; certification of out-of-State accountants; substantial equivalency; unauthorized use of title; violations; civil penalties; powers and duties of the Department; sharing of information; application for licensure; qualifications; foreign accountants; licensure by endorsement; additional requirements for firms; expiration and renewal of licenses; renewal of registration; continuing education; the provision concerning the restoration of registrations and licenses; inactive status; hearings; grounds for discipline; license or registration; subpoenas; depositions; oaths; the provision concerning the preservation a record at a hearing; criminal penalties; the provision concerning injunction proceedings; the improper influence on the conduct of audits; and misleading behavior by licensees. Repeals provisions concerning licensure; practicing as a licensed public accountant or licensed certified public accountant; unlicensed practice; and unlicensed practice; violations; and civil penalties. Amends the Regulatory Sunset Act to extend the repeal of the Illinois Public Account Act from January 1, 2014 to January 1, 2023. Effective July 1, 2012.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB5773 | | LRB097 20475 CEL 66007 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. The Regulatory Sunset Act is amended by changing | 5 | | Section 4.24 and by adding Section 4.33 as follows:
| 6 | | (5 ILCS 80/4.24)
| 7 | | Sec. 4.24. Acts repealed on January 1, 2014. The following
| 8 | | Acts are repealed
on January 1, 2014:
| 9 | | The Electrologist Licensing Act.
| 10 | | The Illinois Certified Shorthand Reporters Act of 1984.
| 11 | | The Illinois Occupational Therapy Practice Act.
| 12 | | The Illinois Public Accounting Act.
| 13 | | The Private Detective, Private Alarm, Private Security, | 14 | | Fingerprint Vendor, and Locksmith Act
of 2004.
| 15 | | The Registered Surgical Assistant and Registered Surgical | 16 | | Technologist
Title Protection Act.
| 17 | | The Veterinary Medicine and Surgery Practice Act of 2004.
| 18 | | (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07.)
| 19 | | (5 ILCS 80/4.33 new) | 20 | | Sec. 4.33. Act repealed on January 1, 2023. The following | 21 | | Act is repealed on January 1, 2023: | 22 | | The Illinois Public Accounting Act. |
| | | HB5773 | - 2 - | LRB097 20475 CEL 66007 b |
|
| 1 | | Section 5. The Illinois Public Accounting Act is amended by | 2 | | changing Sections 0.03, 2, 2.05, 2.1, 4, 5, 5.2, 9.02, 9.2, | 3 | | 9.3, 13, 14, 14.1, 14.2, 14.3, 16, 17.1, 17.2, 19, 20.01, 20.1, | 4 | | 20.2, 20.4, 20.5, 20.6, 21, 28, 30, 30.5, and 30.6 and by | 5 | | adding Sections 0.04 and 8.05 as follows:
| 6 | | (225 ILCS 450/0.03) (from Ch. 111, par. 5500.03)
| 7 | | (Section scheduled to be repealed on January 1, 2014)
| 8 | | Sec. 0.03. Definitions. As used in this Act, unless the | 9 | | context
otherwise requires:
| 10 | | "Accountancy activities" means the services as set forth in | 11 | | Section 8.05 of this Act. | 12 | | "Address of record" means the designated address recorded | 13 | | by the Department in the applicant's or licensee's application | 14 | | file or license file maintained by the Department's licensure | 15 | | maintenance unit. It is the duty of the applicant or licensee | 16 | | to inform the Department of any change of address and those | 17 | | changes must be made either through the Department's website or | 18 | | by directly contacting the Department. | 19 | | "Certificate" means a certificate issued by the Board or | 20 | | University or similar jurisdictions specifying an individual | 21 | | has successfully passed all sections and requirements of the | 22 | | Uniform Certified Public Accountants Examination. A | 23 | | certificate issued by the Board or University or similar | 24 | | jurisdiction does not confer the ability to use the CPA title |
| | | HB5773 | - 3 - | LRB097 20475 CEL 66007 b |
|
| 1 | | and is not equivalent to a registration or license under this | 2 | | Act. | 3 | | "Compilation" means providing a service to be performed in | 4 | | accordance with Statements on Standards for Accounting and | 5 | | Review Services that is presented in the form of financial | 6 | | statements or information that is the representation of | 7 | | management or owners without undertaking to express any | 8 | | assurance on the statements. | 9 | | "CPA" or "C.P.A." means a certified public accountant who | 10 | | holds a license or registration issued by the Department or an | 11 | | individual authorized to use the CPA title under Section 5.2 of | 12 | | this Act. | 13 | | "CPA firm" means a sole proprietorship, a corporation, a | 14 | | partnership, or any other form of organization issued a license | 15 | | in accordance with this Act. | 16 | | "CPA (inactive)" means a licensed certified public | 17 | | accountant who elects to have the Department place his or her | 18 | | license on inactive status pursuant to Section 17.2 of this | 19 | | Act. | 20 | | "Financial statement" means a structured presentation of | 21 | | historical financial information, including, but not limited | 22 | | to, related notes intended to communicate an entity's economic | 23 | | resources and obligations at a point in time or the changes | 24 | | therein for a period of time in accordance with generally | 25 | | accepted accounting principles (GAAP) or other comprehensive | 26 | | basis of accounting (OCBOA). |
| | | HB5773 | - 4 - | LRB097 20475 CEL 66007 b |
|
| 1 | | "Other attestation engagements" means an engagement | 2 | | performed in accordance with the Statements on Standards for | 3 | | Attestation Engagements. | 4 | | (a) "Registered Certified Public Accountant" or | 5 | | "registered CPA" means any person who has been issued
a | 6 | | registration under this Act as a Registered Certified Public | 7 | | Accountant.
| 8 | | "Report", when used with reference to financial | 9 | | statements, means an opinion, report, or other form of language | 10 | | that states or implies assurance as to the reliability of any | 11 | | financial statements and that also includes or is accompanied | 12 | | by any statement or implication that the person or firm issuing | 13 | | it has special knowledge or competence in accounting or | 14 | | auditing. Such a statement or implication of special knowledge | 15 | | or competence may arise from use by the issuer of the report of | 16 | | names or titles indicating that the person or firm is an | 17 | | accountant or auditor, or from the language of the report | 18 | | itself. "Report" includes any form of language that disclaims | 19 | | an opinion when the form of language is conventionally | 20 | | understood to imply any positive assurance as to the | 21 | | reliability of the financial statements referred to or special | 22 | | competence on the part of the person or firm issuing such | 23 | | language; it includes any other form of language that is | 24 | | conventionally understood to imply such assurance or such | 25 | | special knowledge or competence. | 26 | | (b) "Licensed Certified Public Accountant" or "licensed |
| | | HB5773 | - 5 - | LRB097 20475 CEL 66007 b |
|
| 1 | | CPA" means any person licensed
under this Act as a Licensed | 2 | | Certified Public Accountant.
| 3 | | (c) "Committee" means the Public Accountant Registration | 4 | | Committee appointed by the Secretary Director .
| 5 | | (d) "Department" means the Department of Financial and | 6 | | Professional Regulation.
| 7 | | (e) "Director" means the Director of Professional | 8 | | Regulation.
| 9 | | (f) "License", "licensee" and "licensure" refers to the | 10 | | authorization
to practice under the provisions of this Act.
| 11 | | (g) "Peer review program " means a study, appraisal, or | 12 | | review of one or
more aspects of a firm's or sole | 13 | | practitioner's compliance with applicable accounting, | 14 | | auditing, and other attestation standards adopted by generally | 15 | | recognized standard-setting bodies the professional work of
a | 16 | | firm or sole practitioner in the practice of public accounting | 17 | | to determine the degree of compliance by the firm or sole | 18 | | practitioner with professional standards and practices, | 19 | | conducted by persons who hold current licenses to practice | 20 | | public accounting under the laws of this or another state and | 21 | | who are not affiliated with the firm or sole practitioner being | 22 | | reviewed .
| 23 | | "Principal place of business" means the office location | 24 | | designated by the licensee from which the person directs, | 25 | | controls, and coordinates his or her professional services. | 26 | | (h) "Review committee" means any person or persons |
| | | HB5773 | - 6 - | LRB097 20475 CEL 66007 b |
|
| 1 | | conducting, reviewing,
administering, or supervising a peer | 2 | | review program.
| 3 | | "Secretary" means the Secretary of the Department of | 4 | | Financial and Professional Regulation. | 5 | | (i) "University" means the University of Illinois.
| 6 | | (j) "Board" means the Board of Examiners established under | 7 | | Section 2.
| 8 | | (k) "Registration", "registrant", and "registered" refer | 9 | | to the authorization to hold oneself out as or use the title | 10 | | "Registered Certified Public Accountant" or "Certified Public | 11 | | Accountant", unless the context otherwise requires.
| 12 | | (l) "Peer Review Administrator" means an organization | 13 | | designated by the Department that meets the requirements of | 14 | | subsection (f) of Section 16 of this Act and other rules that | 15 | | the Department may adopt.
| 16 | | (Source: P.A. 93-683, eff. 7-2-04; 94-779, eff. 5-19-06.)
| 17 | | (225 ILCS 450/0.04 new) | 18 | | Sec. 0.04. Applicability. This Act applies to any one of | 19 | | the categories of licensure under this Act and the performance | 20 | | of or offering to perform accountancy activities. | 21 | | (225 ILCS 450/2) (from Ch. 111, par. 5502)
| 22 | | (Section scheduled to be repealed on January 1, 2014)
| 23 | | Sec. 2. Board of Examiners. The Governor shall appoint a | 24 | | Board
of
Examiners that shall determine the qualifications of |
| | | HB5773 | - 7 - | LRB097 20475 CEL 66007 b |
|
| 1 | | persons applying for
certificates and shall make rules for and | 2 | | conduct examinations for determining
the qualifications.
| 3 | | The Board shall consist of
11 examiners,
including 2 public
| 4 | | members. The
remainder shall be
certified
public accountants in | 5 | | this State who have been residents of this State for at
least 5 | 6 | | years immediately preceding their appointment, except that one | 7 | | shall be either
a certified public accountant of the grade | 8 | | herein described or an
attorney licensed and
residing in this | 9 | | State and one shall be a certified public accountant who is an
| 10 | | active or retired educator residing in this State. The term of | 11 | | office of each
examiner shall be 3 years , except that upon the | 12 | | enactment of this
amendatory Act of the 93rd General Assembly, | 13 | | those members
currently serving on the Board
shall continue to | 14 | | serve the duration of their terms, one additional examiner
| 15 | | shall be appointed for a term of one year, and one additional | 16 | | examiner for a term
of 2 years. As the term of
each examiner | 17 | | expires, the appointment shall be filled for a term of 3 years
| 18 | | from the date of expiration. Any Board member who has served as | 19 | | a member for 6
consecutive years shall not be eligible for | 20 | | reappointment until 2 years after
the end of the term in which | 21 | | the sixth consecutive year of service occurred,
except that | 22 | | members of the
Board serving on the effective date of this | 23 | | Section shall be eligible
for appointment to one additional | 24 | | 3-year term. Where the expiration of
any member's term shall | 25 | | result in less than 11 members then serving on
the Board, the | 26 | | member shall continue to serve until his or her successor is
|
| | | HB5773 | - 8 - | LRB097 20475 CEL 66007 b |
|
| 1 | | appointed and has qualified. Except as otherwise provided in | 2 | | this Section, no No Board member shall serve more than 2 full | 3 | | consecutive terms. Anyone appointed to the Board shall be | 4 | | ineligible to be appointed to the Illinois Public Accountants | 5 | | Registration Committee appointed by the Secretary Director .
| 6 | | Appointments to fill vacancies shall be made in the same manner | 7 | | as original appointments for the unexpired portion of the | 8 | | vacated term. The membership of the Board shall reasonably | 9 | | reflect representation from the geographic areas in this State. | 10 | | The members of the Board appointed by the Governor shall | 11 | | receive reasonable compensation for their necessary, | 12 | | legitimate, and authorized expenses in accordance with the | 13 | | Governor's Travel Control Board rules and the Travel Regulation | 14 | | Rules. The Governor may terminate the term of any
member of the | 15 | | Board at any time for cause.
| 16 | | Information regarding educational requirements, the | 17 | | application process,
the
examination, and fees shall be | 18 | | available on the Board's Internet web site as
well as in
| 19 | | printed documents available from the Board's office.
| 20 | | The Board shall adopt all necessary and reasonable rules | 21 | | and regulations
for the effective administration of this Act. | 22 | | Without limiting the foregoing,
the Board
shall adopt and | 23 | | prescribe rules and regulations for a fair and
impartial method | 24 | | of determining the qualifications of applicants for
| 25 | | examination and for a fair and impartial method of examination | 26 | | of
persons under Section 2 and may establish rules for subjects |
| | | HB5773 | - 9 - | LRB097 20475 CEL 66007 b |
|
| 1 | | conditioned and
for the transfer of credits from other | 2 | | jurisdictions with respect to subjects
passed. | 3 | |
The Board shall make an annual report of its activities to | 4 | | the Governor and the Secretary Director . This report shall | 5 | | include a complete operating and financial statement covering | 6 | | its operations during the year, the number of examinations | 7 | | given, the pass/fail ratio for examinations, and any other | 8 | | information deemed appropriate. The Board shall have an audit | 9 | | of its books and accounts every 2 years by the Auditor General.
| 10 | | (Source: P.A. 92-457, eff. 7-1-04; 93-629, eff. 12-23-03; | 11 | | 93-683, eff. 7-2-04.) | 12 | | (225 ILCS 450/2.05)
| 13 | | (Section scheduled to be repealed on January 1, 2014) | 14 | | Sec. 2.05. Public Accountant Registration Committee. The | 15 | | Secretary Director shall appoint a Public Accountant | 16 | | Registration Committee consisting of 7 persons, who shall be | 17 | | appointed by and shall serve in an advisory capacity to the | 18 | | Secretary Director . Six members must be licensed public | 19 | | accountants or Licensed Certified Public Accountants in good | 20 | | standing and must be actively engaged in the performance of | 21 | | accountancy activities as outlined in paragraph (1) of | 22 | | subsection (a) of Section 8.05 practice of public accounting in | 23 | | this State and one member must be a member of the public who is | 24 | | not licensed under this Act or a similar Act of another | 25 | | jurisdiction and who has no connection with the accounting or |
| | | HB5773 | - 10 - | LRB097 20475 CEL 66007 b |
|
| 1 | | public accounting profession. Members shall serve 4-year terms | 2 | | and until their successors are appointed and qualified. No | 3 | | member shall be reappointed to the Committee for more than 2 | 4 | | full terms. Appointments to fill vacancies shall be made in the | 5 | | same manner as original appointments for the unexpired portion | 6 | | of the vacated term. The membership of the Committee shall | 7 | | reasonably reflect representation from the geographic areas in | 8 | | this State.
The members of the Committee appointed by the | 9 | | Secretary Director shall receive reasonable compensation, as | 10 | | determined by the Department, for the necessary, legitimate, | 11 | | and authorized expenses approved by the Department. All | 12 | | expenses shall be paid from the Registered Certified Public | 13 | | Accountants' Administration and Disciplinary Fund.
The | 14 | | Secretary Director may terminate the appointment of any member | 15 | | for cause.
The Secretary Director shall consider the advice and | 16 | | recommendations of the Committee on questions involving | 17 | | standards of professional conduct, discipline, and | 18 | | qualifications of candidates and licensees under this Act.
| 19 | | (Source: P.A. 93-683, eff. 7-2-04.)
| 20 | | (225 ILCS 450/2.1) (from Ch. 111, par. 5503)
| 21 | | (Section scheduled to be repealed on January 1, 2014)
| 22 | | Sec. 2.1. Administrative Procedure Act. The Illinois | 23 | | Administrative Procedure
Act is hereby expressly adopted and | 24 | | incorporated herein as if all of the
provisions of that Act | 25 | | were included in this Act, except that the provision of
|
| | | HB5773 | - 11 - | LRB097 20475 CEL 66007 b |
|
| 1 | | subsection (d) of Section 10-65 of the Illinois Administrative | 2 | | Procedure Act
that provides that at hearings the licensee has | 3 | | the right to show compliance
with all lawful requirements for | 4 | | retention, continuation or renewal of the
license is | 5 | | specifically excluded. For the purposes of this Act the notice
| 6 | | required under Section 10-25 of the Administrative Procedure | 7 | | Act is deemed
sufficient when mailed to the licensee's address | 8 | | of record the last known address of a party .
| 9 | | (Source: P.A. 88-45.)
| 10 | | (225 ILCS 450/4) (from Ch. 111, par. 5505)
| 11 | | (Section scheduled to be repealed on January 1, 2014)
| 12 | | Sec. 4. Transitional language.
| 13 | | (a) The provisions of this Act shall not be construed to | 14 | | invalidate any
certificates as certified public accountants | 15 | | issued by the University under
"An Act to regulate the | 16 | | profession of public accountants", approved May 15,
1903, as | 17 | | amended, or any certificates as Certified Public Accountants
| 18 | | issued by the University or the Board under Section 4 of "An | 19 | | Act to regulate the
practice of public accounting and to repeal | 20 | | certain acts therein named",
approved July 22, 1943, as | 21 | | amended, which certificates shall be valid and
in force as | 22 | | though issued under the provisions of this Act. | 23 | | (b) Before July 1, 2012, persons who have received a | 24 | | Certified Public Accountant (CPA) Certificate issued by the | 25 | | Board or University of Examiners or holding similar |
| | | HB5773 | - 12 - | LRB097 20475 CEL 66007 b |
|
| 1 | | certifications from other jurisdictions with equivalent | 2 | | educational requirements and examination standards may apply | 3 | | to the Department on forms supplied by the Department for and | 4 | | may be granted a registration as a Registered Certified Public | 5 | | Accountant from the Department upon payment of the required | 6 | | fee. | 7 | | (c) Beginning with the 2006 renewal, the Department shall | 8 | | cease to issue a license as a Public Accountant. Any person | 9 | | holding a valid license as a Public Accountant prior to | 10 | | September 30, 2006 who meets the conditions for renewal of a | 11 | | license under this Act, shall be issued a license as a Licensed | 12 | | Certified Public Accountant under this Act and shall be subject | 13 | | to continued regulation by the Department under this Act. The | 14 | | Department may adopt rules to implement this Section. | 15 | | (d) The Department shall not issue any new registrations as | 16 | | a Registered Certified Public Accountant on or after July 1, | 17 | | 2012. After that date, any applicant for licensure under this | 18 | | Act shall apply for a license as a Licensed Certified Public | 19 | | Accountant and shall meet the requirements set forth in this | 20 | | Act. Any person issued a Certified Public Accountant | 21 | | certificate who has been issued a registration as a Registered | 22 | | Certified Public Accountant may renew the registration under | 23 | | the provisions of this Act and that person may continue to | 24 | | renew or restore the registration during his or her lifetime, | 25 | | subject only to the renewal or restoration requirements for the | 26 | | registration under this Act. Such registration shall be subject |
| | | HB5773 | - 13 - | LRB097 20475 CEL 66007 b |
|
| 1 | | to the disciplinary provisions of this Act. | 2 | | (e) (Blank). On and after October 1, 2006, no person shall | 3 | | hold himself or herself out to the public in this State in any | 4 | | manner by using the title "certified public accountant" or use | 5 | | the abbreviation "C.P.A." or "CPA" or any words or letters to | 6 | | indicate that the person using the same is a certified public | 7 | | accountant unless he or she maintains a current registration or | 8 | | license issued by the Department or is exercising the practice | 9 | | privilege afforded under Section 5.2 of this Act. It shall be a | 10 | | violation of this Act for an individual to assume or use the | 11 | | title "certified public accountant" or use the abbreviation | 12 | | "C.P.A." or "CPA" or any words or letters to indicate that the | 13 | | person using the same is a certified public accountant in this | 14 | | State unless he or she maintains a current registration or | 15 | | license issued by the Department or is exercising the practice | 16 | | privilege afforded under Section 5.2 of this Act.
| 17 | | (Source: P.A. 95-386, eff. 1-1-08; 96-945, eff. 6-25-10.)
| 18 | | (225 ILCS 450/5) (from Ch. 111, par. 5506)
| 19 | | (Section scheduled to be repealed on January 1, 2014)
| 20 | | Sec. 5. Certification of out-of-State accountants.
| 21 | | (a) Upon review of an applicant's educational and | 22 | | examination credentials by the Board of Examiners , the | 23 | | Department may issue a
registration as a registered certified | 24 | | public accountant, without examination, to any
applicant who | 25 | | holds a valid unrevoked certificate as a certified public
|
| | | HB5773 | - 14 - | LRB097 20475 CEL 66007 b |
|
| 1 | | accountant issued under the laws of any other state or | 2 | | territory of the United
States or the District of Columbia, | 3 | | provided:
| 4 | | (1) that the state that issued the certificate has
| 5 | | certification requirements that have been determined by
| 6 | | the Board to be substantially equivalent to the
| 7 | | certification requirements of Illinois and grants
similar | 8 | | rights to those that Illinois grants to
certificate | 9 | | holders;
| 10 | | (2) that the state that issued the certificate has
| 11 | | certification requirements that the Board has
determined | 12 | | not to be substantially equivalent to the
certification | 13 | | requirements of Illinois or does not
grant similar rights | 14 | | to Illinois certificate holders,
but the Board determines | 15 | | that the individual applicant
possesses personal | 16 | | qualifications substantially
equivalent to Illinois' | 17 | | certification
requirements; or
| 18 | | (3) that the applicant does not qualify under
| 19 | | subsections (1) or (2) above, but the following
conditions | 20 | | are met:
| 21 | | (A) the certificate was granted to the applicant on | 22 | | the
basis
of the Uniform Certified Public Accountant | 23 | | examination; and
| 24 | | (B) the educational qualifications of the | 25 | | applicant for a
certificate, at
the time of the written | 26 | | examination, were equivalent to the educational
|
| | | HB5773 | - 15 - | LRB097 20475 CEL 66007 b |
|
| 1 | | qualifications then required of applicants for | 2 | | admission to the Illinois
examination for certified | 3 | | public accountant or, the applicant
has, after passing | 4 | | the examination upon which his or her certificate was | 5 | | based,
not less than 5 years of experience in the | 6 | | practice of public accounting within
the 10 years | 7 | | immediately preceding this application, otherwise | 8 | | reasonably
considered acceptable by the Board.
| 9 | | (b) In determining the substantial equivalency of the
| 10 | | requirements for certification or the rights granted to
| 11 | | certificate holders pursuant to this Section, the Department | 12 | | may
rely on the determinations of the National Qualification
| 13 | | Appraisal Service of the National Association of State Boards
| 14 | | of Accountancy or any other qualification appraisal service, as | 15 | | it deems
appropriate.
| 16 | | (Source: P.A. 93-683, eff. 7-2-04.)
| 17 | | (225 ILCS 450/5.2)
| 18 | | (Section scheduled to be repealed on January 1, 2014) | 19 | | Sec. 5.2. Substantial equivalency. | 20 | | (a) An individual whose principal place of business is not | 21 | | in this State shall have all the privileges of a person | 22 | | licensed under this Act as a licensed certified public | 23 | | accountant without the need to obtain a license or registration | 24 | | from the Department or to file notice with the Department, if | 25 | | the individual: |
| | | HB5773 | - 16 - | LRB097 20475 CEL 66007 b |
|
| 1 | | (1) holds a valid license as a certified public | 2 | | accountant issued by another state that the National | 3 | | Qualification Appraisal Service of the National | 4 | | Association of State Boards of Accountancy has verified to | 5 | | be in substantial equivalence with the CPA licensure | 6 | | requirements of the Uniform Accountancy Act of the American | 7 | | Institute of Certified Public Accountants and the National | 8 | | Association of State Boards of Accountancy; or | 9 | | (2) holds a valid license as a certified public | 10 | | accountant issued by another state and obtains from the | 11 | | National Qualification Appraisal Service of the National | 12 | | Association of State Boards of Accountancy verification | 13 | | that the individual's CPA qualifications are substantially | 14 | | equivalent to the CPA licensure requirements of the Uniform | 15 | | Accountancy Act of the American Institute of Certified | 16 | | Public Accountants and the National Association of State | 17 | | Boards of Accountancy; however, any individual who has | 18 | | passed the Uniform CPA Examination and holds a valid | 19 | | license issued by any other state prior to January 1, 2012 | 20 | | shall be exempt from the education requirements of Section | 21 | | 3 of this Act for the purposes of this item (2). | 22 | | (b) Notwithstanding any other provision of law, an | 23 | | individual who offers or renders professional services under | 24 | | this Section, whether in person or by mail, telephone, or | 25 | | electronic means, shall be granted practice privileges in this | 26 | | State and no notice or other submission must be provided by any |
| | | HB5773 | - 17 - | LRB097 20475 CEL 66007 b |
|
| 1 | | such individual. | 2 | | (c) An individual licensee of another state who is | 3 | | exercising the privilege afforded under this Section and the | 4 | | CPA firm that employs such individual, if any, as a condition | 5 | | of the grant of this privilege, hereby simultaneously consents: | 6 | | (1) to the personal and subject matter jurisdiction and | 7 | | disciplinary authority of the Department; | 8 | | (2) to comply with this Act and the Department's rules | 9 | | adopted under this Act; | 10 | | (3) that in the event that the license from the state | 11 | | of the individual's principal place of business is no | 12 | | longer valid, the individual shall cease offering or | 13 | | rendering accountancy activities as outlined in paragraphs | 14 | | (1) and (2) of Section 8.05 professional services in this | 15 | | State individually or on behalf of a CPA firm; and | 16 | | (4) to the appointment of the state board that issued | 17 | | the individual's or the CPA firm's license as the agent | 18 | | upon which process may be served in any action or | 19 | | proceeding by the Department against the individual. | 20 | | (d) An individual licensee who qualifies for practice | 21 | | privileges under this Section who, for any entity headquartered | 22 | | in this State, performs (i) a financial statement audit or | 23 | | other engagement in accordance with Statements on Auditing | 24 | | Standards; (ii) an examination of prospective financial | 25 | | information in accordance with Statements on Standards for | 26 | | Attestation Engagements; or (iii) an engagement in accordance |
| | | HB5773 | - 18 - | LRB097 20475 CEL 66007 b |
|
| 1 | | with Public Company Accounting Oversight Board Auditing | 2 | | Standards may only do so through a firm licensed under this | 3 | | Act.
| 4 | | (Source: P.A. 95-386, eff. 1-1-08.) | 5 | | (225 ILCS 450/8.05 new) | 6 | | Sec. 8.05. Accountancy activities. | 7 | | (a) Accountancy activities are services performed by a CPA, | 8 | | including: | 9 | | (1) signing, affixing, or associating the names used by | 10 | | a CPA firm to any report expressing an assurance on a | 11 | | financial statement or disclaiming an opinion on a | 12 | | financial statement based on an audit or examination of | 13 | | that statement or to express assurance on a financial | 14 | | statement; | 15 | | (2) other attestation engagements not otherwise | 16 | | defined in paragraph (1); or | 17 | | (3) offering to perform or performing one or more types | 18 | | of the following services involving the use of professional | 19 | | skills or competencies: accounting, management, financial | 20 | | or consulting services, compilations, internal audit, | 21 | | preparation of tax returns, furnishing advice on tax | 22 | | matters, or representations of taxpayers; this includes | 23 | | the teaching of any of these areas at the college or | 24 | | university level. | 25 | | (b) If offering or performing accountancy activities using |
| | | HB5773 | - 19 - | LRB097 20475 CEL 66007 b |
|
| 1 | | the CPA title set forth in paragraphs (1), (2), and (3) of | 2 | | subsection (a) of this Section, then: | 3 | | (1) the activities identified in subsection (1) may | 4 | | only be performed by licensed CPA's; | 5 | | (2) the activities identified in subsection (2) may | 6 | | only be performed by licensed or registered CPA's; and | 7 | | (3) the activities identified in subsection (3) are not | 8 | | restricted to licensed or registered CPA's, subject to the | 9 | | provisions of Section 9.02 of this Act.
| 10 | | (225 ILCS 450/9.02)
| 11 | | (Section scheduled to be repealed on January 1, 2014)
| 12 | | Sec. 9.02. Unauthorized use of title; violation; civil | 13 | | penalty.
| 14 | | (a) The use of the title "certified public accountant" or | 15 | | abbreviation "C.P.A." or any similar terms that may be | 16 | | misleading to the public indicating that an individual or the | 17 | | members of a CPA firm are certified public accountants is | 18 | | prohibited unless (1) the individual or members are holders of | 19 | | an effective unrevoked license or registration or qualify for | 20 | | the practice privilege under Section 5.2 of this Act and (2) | 21 | | the CPA firm is licensed as a certified public accounting firm | 22 | | or a professional service corporation by the Department. Any | 23 | | person who holds himself or herself out to the public as a | 24 | | certified public accountant in this State by using the title | 25 | | "certified public
accountant" or the abbreviation "CPA" or any |
| | | HB5773 | - 20 - | LRB097 20475 CEL 66007 b |
|
| 1 | | words or letters
to indicate that the person using the same is | 2 | | a certified public
accountant without having been issued a | 3 | | registration or a license as a certified public accountant | 4 | | under the
provisions of this Act or without qualifying for the | 5 | | practice privilege under Section 5.2 of this Act shall, in | 6 | | addition to any other penalty
provided by law, pay a civil | 7 | | penalty to the Department in an amount not to
exceed $5,000 for | 8 | | each offense as determined by the Department. The
civil penalty | 9 | | shall be assessed by the Department
after a hearing is held in
| 10 | | accordance with the provisions set forth in this Act regarding | 11 | | the
provision of a hearing for the discipline of a licensee.
| 12 | | (a-5) A civil penalty may be assessed by the Department in | 13 | | an amount not to exceed $10,000 for each offense as determined | 14 | | by the Department and in addition to any other civil penalty | 15 | | provided by law. The civil penalty shall be assessed by the | 16 | | Department after a hearing is held in accordance with the | 17 | | provisions set forth in this Act regarding the provision of a | 18 | | hearing for the discipline of a licensee. | 19 | | (b) The Department has the authority and power to | 20 | | investigate any and
all alleged improper use of the certified | 21 | | public accountant title or CPA
designation and any and all | 22 | | unlicensed activity .
| 23 | | (c) The civil penalty shall be paid within 60 days after | 24 | | the
effective date of the order imposing the civil penalty. The | 25 | | order shall
constitute a judgment and may be filed and | 26 | | execution had thereon in the
same manner as any judgment from |
| | | HB5773 | - 21 - | LRB097 20475 CEL 66007 b |
|
| 1 | | any court of record.
| 2 | | (Source: P.A. 95-386, eff. 1-1-08.)
| 3 | | (225 ILCS 450/9.2) (from Ch. 111, par. 5510.2)
| 4 | | (Section scheduled to be repealed on January 1, 2014)
| 5 | | Sec. 9.2. Powers and duties of the Department.
| 6 | | (a) The Department shall exercise the powers and
duties
| 7 | | prescribed
by "The Civil Administrative Code of Illinois" for | 8 | | the administration of
licensing acts and shall exercise such | 9 | | other powers and duties invested by this
Act.
| 10 | | (b) The Secretary Director may promulgate rules consistent | 11 | | with the
provisions of
this Act for the administration and | 12 | | enforcement of the provisions of this Act for which the | 13 | | Department is responsible and for the payment
of fees connected | 14 | | therewith and may prescribe forms which shall be issued
in | 15 | | connection therewith. The rules shall include standards and | 16 | | criteria
for licensure and professional conduct and | 17 | | discipline.
| 18 | | (c) The Department may solicit the advice and expert | 19 | | knowledge of the Committee or the Board on any matter relating | 20 | | to the administration and enforcement of this Act.
| 21 | | The Department may in its discretion, but shall not be | 22 | | required to, employ or utilize the legal services of outside | 23 | | counsel and the investigative services of outside personnel to | 24 | | assist the Department and is authorized to pay for such | 25 | | services from the Registered Certified Public Accountants' |
| | | HB5773 | - 22 - | LRB097 20475 CEL 66007 b |
|
| 1 | | Administration and Disciplinary Fund. | 2 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 3 | | (225 ILCS 450/9.3)
| 4 | | (Section scheduled to be repealed on January 1, 2014) | 5 | | Sec. 9.3. Sharing of information. Notwithstanding any | 6 | | other provision of this Act, for the purpose of carrying out | 7 | | their respective duties and responsibilities under this Act and | 8 | | to effectuate the purpose of this Act, both the Board of | 9 | | Examiners and the Department of Financial and Professional | 10 | | Regulation are authorized and directed to share information | 11 | | with each other regarding those individuals and entities | 12 | | licensed or certified or applying for licensure or | 13 | | certification under this Act.
| 14 | | (Source: P.A. 94-779, eff. 5-19-06.)
| 15 | | (225 ILCS 450/13) (from Ch. 111, par. 5514)
| 16 | | (Section scheduled to be repealed on January 1, 2014)
| 17 | | Sec. 13. Application for licensure.
| 18 | | (a) A person, CPA firm, domestic or foreign entity | 19 | | organized as a sole proprietorship, professional service | 20 | | corporation, partnership, or registered limited liability | 21 | | partnership or any other form of organization that is | 22 | | performing accountancy activities in accordance with this Act | 23 | | limited liability
company, or corporation desiring to practice | 24 | | public accounting in this State
shall make application to the |
| | | HB5773 | - 23 - | LRB097 20475 CEL 66007 b |
|
| 1 | | Department for licensure as a
licensed certified public | 2 | | accountant
and shall pay the fee required by rule.
| 3 | | Applicants have 3 years from the date of application to | 4 | | complete the
application process. If the process has not been | 5 | | completed in 3 years,
the application shall be denied, the fee | 6 | | forfeited and the applicant must
reapply and meet the | 7 | | requirements in effect at the time of reapplication.
| 8 | | (b) Any firm, whether organized as a partnership, limited | 9 | | liability company, corporation, or other entity, that (i) has | 10 | | an office in this State that uses the title "CPA" or "CPA | 11 | | firm"; (ii) has an office in this State that performs | 12 | | accountancy activities public accounting services , as defined | 13 | | in paragraph (1) of Section 8.05 8 of this Act; or (iii) does | 14 | | not have an office in this State, but performs attest services, | 15 | | as set forth in subsection (d) of Section 5.2 of this Act, for | 16 | | a client that has its home office in this State must hold a | 17 | | license issued under this Act. | 18 | | (c) A firm that does not have an office in this State may | 19 | | perform a review of a financial statement in accordance with | 20 | | the Statements on Standards for Accounting and Review Services | 21 | | for a client with its home office in this State and may use the | 22 | | title "CPA" or "CPA firm" without obtaining a license under | 23 | | this Act, only if the firm (i) performs such services through | 24 | | individuals with practice privileges under Section 5.2 of this | 25 | | Act; (ii) satisfies any peer review requirements in those | 26 | | states in which the individuals with practice privileges under |
| | | HB5773 | - 24 - | LRB097 20475 CEL 66007 b |
|
| 1 | | Section 5.2 have their principal place of business; and (iii) | 2 | | meets the qualifications set forth in item (2) of subsection | 3 | | (b) of Section 14 of this Act. | 4 | | (d) A firm that is not subject to the requirements of | 5 | | subsection (b) or (c) of this Section may perform professional | 6 | | services that are not regulated under subsection (b) or (c) of | 7 | | this Section while using the title "CPA" or "CPA firm" in this | 8 | | State without obtaining a license under this Act if the firm | 9 | | (i) performs such services through individuals with practice | 10 | | privileges under Section 5.2 of this Act and (ii) may lawfully | 11 | | perform such services in the state where those individuals with | 12 | | practice privileges under Section 5.2 of this Act have their | 13 | | principal place of business. | 14 | | (Source: P.A. 95-386, eff. 1-1-08.)
| 15 | | (225 ILCS 450/14) (from Ch. 111, par. 5515)
| 16 | | (Section scheduled to be repealed on January 1, 2014)
| 17 | | Sec. 14. Qualifications. The Department may
license as
| 18 | | licensed certified public accountants the following:
| 19 | | (a) All persons who have received certificates as certified | 20 | | public accountants from the Board or who hereafter receive | 21 | | registrations as registered certified public accountants from | 22 | | the Department who have had at least one year
of full-time | 23 | | experience, or its equivalent, providing any type
of service or | 24 | | advice involving
the use of accounting, attest, audit, | 25 | | management advisory, financial advisory, tax, or
consulting |
| | | HB5773 | - 25 - | LRB097 20475 CEL 66007 b |
|
| 1 | | skills, or other attestation engagements which may be gained | 2 | | through employment in government,
industry, academia, or | 3 | | public practice.
| 4 | | If the applicant's certificate as a certified public | 5 | | accountant from the Board or the applicant's registration as a | 6 | | Registered Certified Public Accountant registered certified | 7 | | public accountant from the Department was issued more than 4 | 8 | | years prior to the
application for a license under this | 9 | | Section, the applicant shall
submit any evidence the Department | 10 | | may require showing the
applicant has
completed not less than | 11 | | 90 hours of continuing professional education
acceptable to the | 12 | | Department
within the 3 years immediately
preceding the date
of | 13 | | application.
| 14 | | (b) All partnerships, limited liability companies, or | 15 | | corporations, or
other entities engaged in the practice of | 16 | | public accounting in this State and
meeting the following | 17 | | requirements:
| 18 | | (1) (Blank).
| 19 | | (2) A majority of the ownership of the firm, in terms | 20 | | of
financial interests and voting rights of all partners,
| 21 | | officers, shareholders, members, or managers, belongs to
| 22 | | persons licensed in some state, and the partners, officers,
| 23 | | shareholders, members, or managers whose principal place | 24 | | of
business is in this State and who perform accountancy | 25 | | activities practice public accounting
in this State, as | 26 | | defined in paragraph (1) of Section 8.05 8 of this Act, |
| | | HB5773 | - 26 - | LRB097 20475 CEL 66007 b |
|
| 1 | | hold a
valid license issued by this State. An individual | 2 | | exercising the practice privilege afforded under Section | 3 | | 5.2 who performs services for which a firm license is | 4 | | required under subsection (d) of Section 5.2 shall not be | 5 | | required to obtain an individual license under this Act.
| 6 | | (3) It shall be lawful for a nonprofit cooperative | 7 | | association engaged
in rendering an auditing and | 8 | | accounting service to its members only, to
continue to | 9 | | render that service provided that the rendering of auditing | 10 | | and
accounting service by the cooperative association | 11 | | shall at all times be under
the control and supervision of | 12 | | licensed certified public accountants.
| 13 | | (4) The Department may adopt rules and regulations as
| 14 | | necessary to provide
for the practice of public accounting | 15 | | by business entities that may be
otherwise authorized by | 16 | | law to conduct business in Illinois.
| 17 | | (5) A majority of the ownership of the firm, in terms | 18 | | of financial interests and voting rights of all partners, | 19 | | officers, shareholders, members, or managers, belongs to | 20 | | the person or persons that hold a valid registered CPA | 21 | | credential in some state, and the partners, officers, | 22 | | shareholders, members, or managers whose principal place | 23 | | of business is in this State and hold a valid registration | 24 | | issued by this State. | 25 | | (Source: P.A. 95-386, eff. 1-1-08.)
|
| | | HB5773 | - 27 - | LRB097 20475 CEL 66007 b |
|
| 1 | | (225 ILCS 450/14.1)
| 2 | | (Section scheduled to be repealed on January 1, 2014)
| 3 | | Sec. 14.1. Foreign accountants. The Department may shall | 4 | | issue a
license as a licensed CPA to a
holder of a foreign | 5 | | designation, granted in a foreign country entitling the
holder | 6 | | thereof to engage in the practice of public accounting , | 7 | | provided that:
| 8 | | (a) the applicant is the holder of a certificate as a | 9 | | certified public accountant from the Board or a | 10 | | registration as a registered certified public accountant | 11 | | from the Department
issued under
this Act;
| 12 | | (b) the foreign authority that granted the designation | 13 | | makes similar
provision to allow a person who holds a valid | 14 | | license issued by this State to
obtain a foreign | 15 | | authority's comparable designation;
| 16 | | (c) the foreign designation (i) was duly issued by a | 17 | | foreign authority that
regulates the practice of public | 18 | | accounting and the foreign designation has not
expired or | 19 | | been revoked or suspended; (ii) entitles the holder to | 20 | | issue reports
upon financial statements; and (iii) was | 21 | | issued upon the basis of educational,
examination, and | 22 | | experience requirements established by the foreign | 23 | | authority
or by law; and
| 24 | | (d) the applicant (i) received the designation based on | 25 | | standards
substantially equivalent to those in effect in | 26 | | this State at the time the
foreign designation was granted; |
| | | HB5773 | - 28 - | LRB097 20475 CEL 66007 b |
|
| 1 | | and (ii) completed an experience requirement,
| 2 | | substantially equivalent to the requirement set out in | 3 | | Section 14, in the
jurisdiction that granted the foreign | 4 | | designation or has completed 5 years of
experience in the | 5 | | practice of public accounting in this State, or meets
| 6 | | equivalent requirements prescribed by the Department by | 7 | | rule,
within the 10
years immediately preceding the | 8 | | application.
| 9 | | Applicants have 3 years from the date of application to | 10 | | complete the application process. If the process has not been | 11 | | completed in 3 years, the application shall be denied, the fee | 12 | | shall be forfeited, and the applicant must reapply and meet the | 13 | | requirements in effect at the time of reapplication.
| 14 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 15 | | (225 ILCS 450/14.2)
| 16 | | (Section scheduled to be repealed on January 1, 2014)
| 17 | | Sec. 14.2. Licensure by endorsement.
| 18 | | (a) The Department shall issue a
license as a licensed | 19 | | certified public accountant to any applicant
who holds a valid | 20 | | license or similar certification certificate as a certified | 21 | | public accountant issued from any state by the
Board of | 22 | | Examiners or similar certification from another jurisdiction | 23 | | with equivalent educational requirements and examination | 24 | | standards, applies to the Department on forms supplied by the | 25 | | Department, and pays the required fee,
provided:
|
| | | HB5773 | - 29 - | LRB097 20475 CEL 66007 b |
|
| 1 | | (1) the individual applicant is determined by the | 2 | | Department
to possess
qualifications substantially | 3 | | equivalent to this State's current
licensing requirements;
| 4 | | (2) at the time the applicant received his or her | 5 | | current valid and
unrevoked license or permit, the | 6 | | applicant possessed qualifications
substantially | 7 | | equivalent to the qualifications for licensure then in | 8 | | effect in
this State; or
| 9 | | (3) the applicant has, after passing the examination | 10 | | upon which his or her
license or other permit to practice | 11 | | was based, not less than 4 years of
experience as outlined | 12 | | in Section 14 of this Act in the practice of public | 13 | | accounting within the 10 years immediately
before the | 14 | | application.
| 15 | | (b) In determining the substantial equivalency of any
| 16 | | state's requirements to Illinois' requirements, the
Department | 17 | | may rely on the determinations of the National
Qualification | 18 | | Appraisal Service of the National Association
of State Boards | 19 | | of Accountancy or such other qualification
appraisal service as | 20 | | it deems appropriate.
| 21 | | (c) Applicants have 3 years from the date of application to | 22 | | complete the application process. If the process has not been | 23 | | completed in 3 years, the application shall be denied, the fee | 24 | | shall be forfeited, and the applicant must reapply and meet the | 25 | | requirements in effect at the time of reapplication.
| 26 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
|
| | | HB5773 | - 30 - | LRB097 20475 CEL 66007 b |
|
| 1 | | (225 ILCS 450/14.3)
| 2 | | (Section scheduled to be repealed on January 1, 2014)
| 3 | | Sec. 14.3. Additional requirements for firms. In
addition | 4 | | to the ownership requirements set forth in subsection (b) of | 5 | | Section
14, all firms licensed under this Act shall meet the
| 6 | | following requirements:
| 7 | | (a) All owners of the firm, whether licensed or not, shall
| 8 | | be active participants in the firm or its affiliated
entities.
| 9 | | (b) An individual who supervises services for which a
| 10 | | license is required under paragraph (1) of Section 8.05 8 of | 11 | | this Act, who signs
or authorizes another to sign any report | 12 | | for which a license
is required under paragraph (1) of Section | 13 | | 8.05 8 of this Act, or who supervises services for which a firm | 14 | | license is required under subsection (d) of Section 5.2 of this | 15 | | Act shall hold a valid,
active Licensed Certified Public | 16 | | Accountant license from this State or another state and shall | 17 | | comply with such
additional experience requirements as may be | 18 | | required by rule
of the Department.
| 19 | | (c) The firm shall require that all owners of the
firm, | 20 | | whether or not certified or licensed under this Act,
comply | 21 | | with rules promulgated under this Act.
| 22 | | (d) The firm shall designate to the Department in
writing | 23 | | an individual licensed under this Act or, in the case of a firm | 24 | | that must have a license pursuant to subsection (b) of Section | 25 | | 13 of this Act, a licensee of another state who meets the |
| | | HB5773 | - 31 - | LRB097 20475 CEL 66007 b |
|
| 1 | | requirements set out in item (1) or (2) of subsection (a) of | 2 | | Section 5.2 of this Act, who shall be
responsible for the | 3 | | proper registration of the firm.
| 4 | | (e) Applicants have 3 years from the date of application to | 5 | | complete the application process. If the process has not been | 6 | | completed in 3 years, the application shall be denied, the fee | 7 | | shall be forfeited, and the applicant must reapply and meet the | 8 | | requirements in effect at the time of reapplication.
| 9 | | (Source: P.A. 94-779, eff. 5-19-06; 95-386, eff. 1-1-08.)
| 10 | | (225 ILCS 450/16) (from Ch. 111, par. 5517)
| 11 | | (Section scheduled to be repealed on January 1, 2014)
| 12 | | Sec. 16. Expiration and renewal of licenses; renewal of | 13 | | registration;
continuing education. | 14 | | (a) The expiration date and renewal period for each license
| 15 | | issued under this Act shall be set by rule.
| 16 | | (b) Every holder of a license or registration under this | 17 | | Act may renew such license or registration before the | 18 | | expiration date upon payment of the required renewal fee as set | 19 | | by rule.
| 20 | | (c) Every application for renewal of a license by a | 21 | | licensed certified public accountant who has been licensed | 22 | | under this Act for 3 years or more shall be accompanied or | 23 | | supported by any evidence the Department shall prescribe, in | 24 | | satisfaction of completing, each 3 years, not less than 120 | 25 | | hours of continuing professional education as prescribed by |
| | | HB5773 | - 32 - | LRB097 20475 CEL 66007 b |
|
| 1 | | Department rules programs in subjects given by continuing | 2 | | education sponsors registered by the Department upon | 3 | | recommendation of the Committee . Of the 120 hours, not less | 4 | | than 4 hours shall be courses covering the subject of | 5 | | professional ethics. All continuing education sponsors | 6 | | applying to the Department for registration shall be required | 7 | | to submit an initial nonrefundable application fee set by | 8 | | Department rule. Each registered continuing education sponsor | 9 | | shall be required to pay an annual renewal fee set by | 10 | | Department rule. Publicly supported colleges, universities, | 11 | | and governmental agencies located in Illinois are exempt from | 12 | | payment of any fees required for continuing education sponsor | 13 | | registration. Failure by a continuing education sponsor to be | 14 | | licensed or pay the fees prescribed in this Act, or to comply | 15 | | with the rules and regulations established by the Department | 16 | | under this Section regarding requirements for continuing | 17 | | education courses or sponsors, shall constitute grounds for | 18 | | revocation or denial of renewal of the sponsor's registration. | 19 | | (d) Licensed Certified Public Accountants are exempt from | 20 | | the continuing professional education requirement for the | 21 | | first renewal period following the original issuance of the | 22 | | license. | 23 | | Notwithstanding the provisions of subsection (c), the | 24 | | Department may accept courses and sponsors approved by other | 25 | | states, by the American Institute of Certified Public | 26 | | Accountants, by other state CPA societies, or by national |
| | | HB5773 | - 33 - | LRB097 20475 CEL 66007 b |
|
| 1 | | accrediting organizations such as the National Association of | 2 | | State Boards of Accountancy. | 3 | | Failure by an applicant for renewal of a license as a | 4 | | licensed certified public accountant to furnish the evidence | 5 | | shall constitute grounds for disciplinary action, unless the | 6 | | Department in its discretion shall determine the failure to | 7 | | have been due to reasonable cause. The Department, in its | 8 | | discretion, may renew a license despite failure to furnish | 9 | | evidence of satisfaction of requirements of continuing | 10 | | education upon condition that the applicant follow a particular | 11 | | program or schedule of continuing education. In issuing rules | 12 | | and individual orders in respect of requirements of continuing | 13 | | education, the Department in its discretion may, among other | 14 | | things, use and rely upon guidelines and pronouncements of | 15 | | recognized educational and professional associations; may | 16 | | prescribe rules for the content, duration, and organization of | 17 | | courses; shall take into account the accessibility to | 18 | | applicants of such continuing education as it may require, and | 19 | | any impediments to interstate practice of public accounting | 20 | | that may result from differences in requirements in other | 21 | | states; and may provide for relaxation or suspension of | 22 | | requirements in regard to applicants who certify that they do | 23 | | not intend to engage in the performance of accountancy | 24 | | activities practice of public accounting , and for instances of | 25 | | individual hardship. | 26 | | The Department shall establish by rule a means for the |
| | | HB5773 | - 34 - | LRB097 20475 CEL 66007 b |
|
| 1 | | verification of completion of the continuing education | 2 | | required by this Section. This verification may be accomplished | 3 | | through audits of records maintained by licensees; by requiring | 4 | | the filing of continuing education certificates with the | 5 | | Department; or by other means established by the Department. | 6 | | The Department may establish, by rule, guidelines for | 7 | | acceptance of continuing education on behalf of licensed | 8 | | certified public accountants taking continuing education | 9 | | courses in other jurisdictions.
| 10 | | (e) For renewals on and after July 1, 2012, as a condition | 11 | | for granting a renewal license to firms and sole practitioners | 12 | | who perform accountancy activities outlined in paragraph (1) of | 13 | | Section 8.05 provide services requiring a license under this | 14 | | Act, the Department shall require that the firm or sole | 15 | | practitioner satisfactorily complete a peer review during the | 16 | | immediately preceding 3-year period, accepted by a Peer Review | 17 | | Administrator in accordance with established standards for | 18 | | performing and reporting on peer reviews, unless the firm or | 19 | | sole practitioner is exempted under the provisions of | 20 | | subsection (i) of this Section. A firm or sole practitioner | 21 | | shall, at the request of the Department, submit to the | 22 | | Department a letter from the Peer Review Administrator stating | 23 | | the date on which the peer review was satisfactorily completed. | 24 | | A new firm or sole practitioner not subject to subsection | 25 | | (l) of this Section shall undergo its first peer review during | 26 | | the first full renewal cycle after it is granted its initial |
| | | HB5773 | - 35 - | LRB097 20475 CEL 66007 b |
|
| 1 | | license.
| 2 | | The requirements of this subsection (e) shall not apply to | 3 | | any person providing services requiring a license under this | 4 | | Act to the extent that such services are provided in the | 5 | | capacity of an employee of the Office of the Auditor General or | 6 | | to a nonprofit cooperative association engaged in the rendering | 7 | | of licensed service to its members only under paragraph (3) of | 8 | | subsection (b) of Section 14 of this Act or any of its | 9 | | employees to the extent that such services are provided in the | 10 | | capacity of an employee of the association. | 11 | | (f) The Department shall approve only Peer Review | 12 | | Administrators that the Department finds comply with | 13 | | established standards for performing and reporting on peer | 14 | | reviews. The Department may adopt rules establishing | 15 | | guidelines for peer reviews, which shall do all of the | 16 | | following:
| 17 | | (1) Require that a peer review be conducted by a | 18 | | reviewer that is independent of the firm reviewed and | 19 | | approved by the Peer Review Administrator under | 20 | | established standards. | 21 | | (2) Other than in the peer review process, prohibit the | 22 | | use or public disclosure of information obtained by the | 23 | | reviewer, the Peer Review Administrator, or the Department | 24 | | during or in connection with the peer review process. The | 25 | | requirement that information not be publicly disclosed | 26 | | shall not apply to a hearing before the Department that the |
| | | HB5773 | - 36 - | LRB097 20475 CEL 66007 b |
|
| 1 | | firm or sole practitioner requests be public or to the | 2 | | information described in paragraph (3) of subsection (i) of | 3 | | this Section. | 4 | | (g) If a firm or sole practitioner fails to satisfactorily | 5 | | complete a peer review as required by subsection (e) of this | 6 | | Section or does not comply with any remedial actions determined | 7 | | necessary by the Peer Review Administrator, the Peer Review | 8 | | Administrator shall notify the Department of the failure and | 9 | | shall submit a record with specific references to the rule, | 10 | | statutory provision, professional standards, or other | 11 | | applicable authority upon which the Peer Review Administrator | 12 | | made its determination and the specific actions taken or failed | 13 | | to be taken by the licensee that in the opinion of the Peer | 14 | | Review Administrator constitutes a failure to comply. The | 15 | | Department may at its discretion or shall upon submission of a | 16 | | written application by the firm or sole practitioner hold a | 17 | | hearing under Section 20.1 of this Act to determine whether the | 18 | | firm or sole practitioner has complied with subsection (e) of | 19 | | this Section. The hearing shall be confidential and shall not | 20 | | be open to the public unless requested by the firm or sole | 21 | | practitioner. | 22 | | (h) The firm or sole practitioner reviewed shall pay for | 23 | | any peer review performed. The Peer Review Administrator may | 24 | | charge a fee to each firm and sole practitioner sufficient to | 25 | | cover costs of administering the peer review program. | 26 | | (i) A firm or sole practitioner shall be exempt from the |
| | | HB5773 | - 37 - | LRB097 20475 CEL 66007 b |
|
| 1 | | requirement to undergo a peer review if: | 2 | | (1) Within 3 years before the date of application for | 3 | | renewal licensure, the sole practitioner or firm has | 4 | | undergone a peer review conducted in another state or | 5 | | foreign jurisdiction that meets the requirements of | 6 | | paragraphs (1) and (2) of subsection (f) of this Section. | 7 | | The sole practitioner or firm shall , at the request of the | 8 | | Department, submit to the Department a letter from the | 9 | | organization administering the most recent peer review | 10 | | stating the date on which the peer review was completed; or | 11 | | (2) The sole practitioner or firm satisfies all of the | 12 | | following conditions: | 13 | | (A) during the preceding 2 years, the firm or sole | 14 | | practitioner has not accepted or performed any | 15 | | services requiring a license under this Act; | 16 | | (B) the firm or sole practitioner agrees to notify | 17 | | the Department within 30 days of accepting an | 18 | | engagement for services requiring a license under this | 19 | | Act and to undergo a peer review within 18 months after | 20 | | the end of the period covered by the engagement; or | 21 | | (3) For reasons of personal health, military service, | 22 | | or other good cause, the Department determines that the | 23 | | sole practitioner or firm is entitled to an exemption, | 24 | | which may be granted for a period of time not to exceed 12 | 25 | | months. | 26 | | (j) If a peer review report indicates that a firm or sole |
| | | HB5773 | - 38 - | LRB097 20475 CEL 66007 b |
|
| 1 | | practitioner complies with the appropriate professional | 2 | | standards and practices set forth in the rules of the | 3 | | Department and no further remedial action is required, the Peer | 4 | | Review Administrator shall, after issuance of the final letter | 5 | | of acceptance, destroy all working papers and documents related | 6 | | to the peer review, other than report-related documents and | 7 | | documents evidencing completion of remedial actions, if any, in | 8 | | accordance with rules established by the Department. | 9 | | (k) (Blank). | 10 | | (Source: P.A. 96-945, eff. 6-25-10.)
| 11 | | (225 ILCS 450/17.1) (from Ch. 111, par. 5518.1)
| 12 | | (Section scheduled to be repealed on January 1, 2014)
| 13 | | Sec. 17.1. (a) Any registered certified public accountant | 14 | | who has permitted his or her registration to expire or who has | 15 | | had his or her registration on inactive status may have his or | 16 | | her registration restored by making application to the | 17 | | Department and filing proof acceptable to the Department as | 18 | | defined by rule of his or her fitness to have his or her | 19 | | registration restored, which may include sworn evidence | 20 | | certifying to active practice in another jurisdiction | 21 | | satisfactory to the Department and by paying the required | 22 | | restoration fee.
| 23 | | (b) Any licensed certified public accountant who has | 24 | | permitted
his or her license to expire
or who has had his or | 25 | | her license on inactive status may have his or her license |
| | | HB5773 | - 39 - | LRB097 20475 CEL 66007 b |
|
| 1 | | restored
by making application to the Department and filing | 2 | | proof
acceptable to the
Department as defined by rule of his or | 3 | | her fitness to have his or her license restored, including
| 4 | | sworn
evidence certifying to active practice in another | 5 | | jurisdiction satisfactory
to the Department and by paying the | 6 | | required restoration fee
and by submitting proof of the
| 7 | | required continuing education.
| 8 | | (c) If the licensed certified public accountant or | 9 | | registered certified public accountant has not maintained an | 10 | | active
practice in another
jurisdiction satisfactory to the | 11 | | Department, the Department shall determine,
by an evaluation | 12 | | program established by rule, fitness to resume active status
| 13 | | and may require the applicant to complete a period of | 14 | | supervised
experience.
| 15 | | (d) However, any licensed certified public accountant or | 16 | | registered certified public accountant whose license or | 17 | | registration expired
while he was (1) in
Federal Service on | 18 | | active duty with the Armed Forces of the United States,
or the | 19 | | State Militia called into service or training, or (2) in | 20 | | training
or education under the supervision of the United | 21 | | States preliminary to
induction
into the military service, may | 22 | | have his license or registration renewed reinstated or restored
| 23 | | without
paying any lapsed renewal and restoration fees if | 24 | | within 2 years after
honorable termination
of such service, | 25 | | training or education except under conditions other than
| 26 | | honorable, he furnished
the Department with satisfactory |
| | | HB5773 | - 40 - | LRB097 20475 CEL 66007 b |
|
| 1 | | evidence to the effect that he
has been
so engaged and that his | 2 | | service, training or education has been so terminated.
| 3 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 4 | | (225 ILCS 450/17.2) (from Ch. 111, par. 5518.2)
| 5 | | (Section scheduled to be repealed on January 1, 2014)
| 6 | | Sec. 17.2. Inactive status. | 7 | | (a) Any licensed certified public accountant or Registered | 8 | | Certified Public Accountant who notifies the
Department in | 9 | | writing
on forms prescribed by the Department, may elect to | 10 | | place his
license or registration on
an inactive status and | 11 | | shall, subject to rules of the Department,
be excused
from | 12 | | payment of renewal fees until he notifies the Department in
| 13 | | writing
of his desire to resume active status.
| 14 | | (b) Any licensed certified public accountant requesting | 15 | | restoration from
inactive status shall
be required to pay the | 16 | | current renewal fee, shall be required to submit
proof of the | 17 | | required continuing education,
and shall be required to comply | 18 | | with any requirements established by rule restore
his license, | 19 | | as provided in this Act .
| 20 | | (c) Any Registered Certified Public Accountant requesting | 21 | | restoration from inactive status shall be required to pay the | 22 | | current renewal fee and shall be required to comply with any | 23 | | requirements established by rule.
| 24 | | (d) Any licensed certified public accountant who is not a | 25 | | registered certified public accountant and wishes to continue |
| | | HB5773 | - 41 - | LRB097 20475 CEL 66007 b |
|
| 1 | | using the CPA title and whose license is in an inactive
status | 2 | | shall not perform accountancy activities outlined in Section | 3 | | 8.05 of this Act and must place the word "inactive" adjacent to | 4 | | the CPA title not
practice public accounting in this State of | 5 | | Illinois . A CPA (inactive) is exempt from any continuing | 6 | | professional education requirement. A CPA (inactive) may | 7 | | perform governance functions on a non-profit volunteer board | 8 | | using his or her accountancy skills and competencies if:
| 9 | | (1) he or she discloses to the non-profit volunteer | 10 | | board and respective committees that he or she is a CPA | 11 | | (inactive); and | 12 | | (2) he or she is not serving as an audit committee | 13 | | financial expert as defined in Section 407 of the federal | 14 | | Sarbanes-Oxley Act of 2002. | 15 | | (e) Any Registered Certified Public Accountant whose | 16 | | registration is in an inactive status shall not in any manner | 17 | | hold himself or herself out to the public as a CPA C.P.A. or | 18 | | R.C.P.A .
| 19 | | The Department may, in its discretion, license as a | 20 | | licensed
certified public accountant,
on payment of the | 21 | | required fee, an applicant who is a licensed certified
public | 22 | | accountant
licensed under the laws of another jurisdiction if | 23 | | the requirements for
licensure of licensed certified public | 24 | | accountants in the jurisdiction in
which the applicant
was | 25 | | licensed were, at the date of his licensure, substantially | 26 | | equivalent
to the requirements in force in this State on that |
| | | HB5773 | - 42 - | LRB097 20475 CEL 66007 b |
|
| 1 | | date.
| 2 | | Applicants have 3 years from the date of application to | 3 | | complete the
application process. If the process has not been | 4 | | completed in 3 years,
the application shall be denied, the fee | 5 | | forfeited and the applicant must
reapply and meet the | 6 | | requirements in effect at the time of reapplication.
| 7 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 8 | | (225 ILCS 450/19) (from Ch. 111, par. 5520)
| 9 | | (Section scheduled to be repealed on January 1, 2014)
| 10 | | Sec. 19. Hearings. | 11 | | (a) The Committee established under the provisions of | 12 | | Section 2.05 shall, upon designation by the Secretary Director , | 13 | | hear charges
which, if proved,
would constitute grounds for | 14 | | disciplinary action; shall hear applications for
restoration | 15 | | of a license and the issuance of a license or registration as a | 16 | | licensed certified public
accountant or registered certified | 17 | | public accountant of any person, partnership, limited | 18 | | liability company, or
corporation whose license or | 19 | | registration has been suspended or revoked; and
shall report | 20 | | its
findings and recommendations in connection therewith to the | 21 | | Secretary Director , all as
provided in Section 20.1 20.01 . The | 22 | | Department shall also
have power to
promulgate and amend rules | 23 | | of professional conduct that shall apply to
persons registered | 24 | | or licensed under this Act.
| 25 | | (b) In rendering an order, the Department shall take into |
| | | HB5773 | - 43 - | LRB097 20475 CEL 66007 b |
|
| 1 | | consideration the facts and circumstances involving the type of | 2 | | acts or omissions in subsection (a), including, but not limited | 3 | | to: | 4 | | (1) the extent to which public confidence in the public | 5 | | accounting profession was, might have been, or may be | 6 | | injured; | 7 | | (2) the degree of trust and dependence among the | 8 | | involved parties; | 9 | | (3) the character and degree of financial or economic | 10 | | harm that did or might have resulted; and | 11 | | (4) the intent or mental state of the person charged at | 12 | | the time of the acts or omissions. | 13 | | (c) The Department shall reissue the license or | 14 | | registration upon a showing that the disciplined licensee or | 15 | | registrant has complied with all of the terms and conditions | 16 | | set forth in the final order. | 17 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 18 | | (225 ILCS 450/20.01) (from Ch. 111, par. 5521.01)
| 19 | | (Section scheduled to be repealed on January 1, 2014)
| 20 | | Sec. 20.01. Grounds for discipline; license or | 21 | | registration.
| 22 | | (a) The Department may refuse to issue or renew, or may | 23 | | revoke, suspend, or
reprimand any registration or registrant,
| 24 | | any license or licensee, place a licensee or registrant on | 25 | | probation for a period
of time subject to any conditions the |
| | | HB5773 | - 44 - | LRB097 20475 CEL 66007 b |
|
| 1 | | Department may specify including requiring
the licensee or | 2 | | registrant to attend continuing education courses or to work | 3 | | under the
supervision of another licensee or registrant, impose | 4 | | a fine not to exceed $10,000 $5,000 for each
violation, | 5 | | restrict the authorized scope of practice, or require a | 6 | | licensee
or registrant to undergo a peer review program, for | 7 | | any one or more of the following:
| 8 | | (1) Violation of any provision of this Act or rule | 9 | | adopted by the Department under this Act or violation of | 10 | | professional standards .
| 11 | | (2) Dishonesty, fraud, or deceit in obtaining a license | 12 | | or registration. Attempting to procure a license or | 13 | | registration to practice under this Act by
bribery or | 14 | | fraudulent misrepresentations.
| 15 | | (3) Cancellation, revocation, suspension, or refusal | 16 | | to renew a license or privileges under Section 5.2 for | 17 | | disciplinary reasons in any other state for any cause. | 18 | | Having a license to practice public accounting or | 19 | | registration revoked, suspended,
or otherwise acted | 20 | | against, including the denial of licensure or | 21 | | registration, by the licensing or registering
authority of | 22 | | another state, territory, or country, including but not | 23 | | limited to the District of Columbia, or any United States
| 24 | | territory. No disciplinary action shall be taken in | 25 | | Illinois if the action
taken in another jurisdiction was | 26 | | based upon failure to meet the continuing
professional |
| | | HB5773 | - 45 - | LRB097 20475 CEL 66007 b |
|
| 1 | | education requirements of that jurisdiction and the | 2 | | applicable
Illinois continuing professional education | 3 | | requirements are met.
| 4 | | (4) Failure, on the part of a licensee under Section 13 | 5 | | or registrant under Section 16, to maintain compliance with | 6 | | the requirements for issuance or renewal of a license, | 7 | | permit, or registration or to report changes to the | 8 | | Department. Being convicted or found guilty, regardless of | 9 | | adjudication, of a
crime in any jurisdiction which directly | 10 | | relates to the practice of public
accounting or the ability | 11 | | to practice public accounting or as a Registered Certified | 12 | | Public Accountant.
| 13 | | (5) Revocation or suspension of the right to practice | 14 | | by or before any state or federal regulatory authority or | 15 | | by the Public Company Accounting Oversight Board. Making or | 16 | | filing a report or record which the registrant or licensee | 17 | | knows to
be false, willfully failing to file a report or | 18 | | record required by state
or federal law, willfully impeding | 19 | | or obstructing the filing, or inducing
another person to | 20 | | impede or obstruct the filing. The reports or records shall
| 21 | | include only those that are signed in the capacity of a | 22 | | licensed certified
public accountant or a registered | 23 | | certified public accountant.
| 24 | | (6) Dishonesty, fraud, deceit, or gross negligence in | 25 | | the performance of services as a licensee or registrant or | 26 | | individual granted privileges under Section 5.2. |
| | | HB5773 | - 46 - | LRB097 20475 CEL 66007 b |
|
| 1 | | Conviction in this or another State or the District of | 2 | | Columbia, or
any United States Territory, of any crime that | 3 | | is punishable by one year or
more in prison or conviction | 4 | | of a crime in a federal court that is punishable
by one | 5 | | year or more in prison.
| 6 | | (7) Conviction of a felony, or any other crime an | 7 | | element of which is dishonesty, fraud, or deceit, under the | 8 | | laws of the United States, of this State, or of any other | 9 | | state if the acts involved would have constituted a crime | 10 | | under the laws of this State. Proof that the licensee or | 11 | | registrant is guilty of fraud or deceit, or of gross
| 12 | | negligence, incompetency, or misconduct, in the practice | 13 | | of public
accounting.
| 14 | | (8) Performance of any fraudulent act while holding a | 15 | | license or privilege issued under this Act or prior law. | 16 | | Violation of any rule adopted under this Act.
| 17 | | (9) Any conduct reflecting adversely upon the | 18 | | licensee's fitness to perform services while a licensee or | 19 | | individual granted privileges under Section 5.2. | 20 | | Practicing on a revoked, suspended, or inactive license or | 21 | | registration.
| 22 | | (10) Making any false or misleading statement or | 23 | | verification in support of an application for a license | 24 | | filed by another. Suspension or revocation of the right to | 25 | | practice before any
state or federal agency.
| 26 | | (11) Conviction of any crime under the laws of the |
| | | HB5773 | - 47 - | LRB097 20475 CEL 66007 b |
|
| 1 | | United States or any
state or territory of the United | 2 | | States that is a felony or misdemeanor and
has dishonesty | 3 | | as an essential element, or of any crime that is directly
| 4 | | related to the practice of the profession.
| 5 | | (12) Making any misrepresentation for the purpose of | 6 | | obtaining a license,
or registration or material | 7 | | misstatement in furnishing information to the Department.
| 8 | | (13) Aiding or assisting another person in violating | 9 | | any provision of
this Act or rules promulgated hereunder.
| 10 | | (14) Engaging in dishonorable, unethical, or | 11 | | unprofessional conduct of a
character likely to deceive, | 12 | | defraud, or harm the public.
| 13 | | (15) Habitual or excessive use or addiction to alcohol, | 14 | | narcotics,
stimulants, or any other chemical agent or drug | 15 | | that results in the inability
to practice with reasonable | 16 | | skill, judgment, or safety.
| 17 | | (16) Directly or indirectly giving to or receiving from | 18 | | any person, firm,
corporation, partnership, or association | 19 | | any fee, commission, rebate, or other
form of compensation | 20 | | for any professional service not actually rendered.
| 21 | | (17) Physical or mental disability, including | 22 | | deterioration through the
aging process or loss of | 23 | | abilities and skills that results in the inability to
| 24 | | practice the profession with reasonable judgment, skill or | 25 | | safety.
| 26 | | (18) Solicitation of professional services by using |
| | | HB5773 | - 48 - | LRB097 20475 CEL 66007 b |
|
| 1 | | false or misleading
advertising.
| 2 | | (11) (19) Failure to file a return, or pay the tax, | 3 | | penalty or interest shown
in a filed return, or to pay any | 4 | | final assessment of tax, penalty or interest,
as required | 5 | | by any tax Act administered by the Illinois Department of | 6 | | Revenue
or any successor agency or the Internal Revenue | 7 | | Service or any successor
agency.
| 8 | | (20) Practicing or attempting to practice under a name | 9 | | other than the
full name as shown on the license or | 10 | | registration or any other legally authorized name.
| 11 | | (21) A finding by the Department that a licensee or | 12 | | registrant has not complied with a
provision of any lawful | 13 | | order issued by the Department.
| 14 | | (22) Making a false statement to the Department
| 15 | | regarding compliance with
continuing professional | 16 | | education or peer review requirements.
| 17 | | (12) (23) Failing to make a substantive response to a | 18 | | request for information
by the Department within 30 days of | 19 | | the request.
| 20 | | (a-5) The Department shall deny any application for a | 21 | | license, registration, or renewal, without hearing, to any | 22 | | person who has defaulted on an educational loan guaranteed by | 23 | | the Illinois Student Assistance Commission; however, the | 24 | | Department may issue a license, registration, or renewal if the | 25 | | person in default has established a satisfactory repayment | 26 | | record as determined by the Illinois Student Assistance |
| | | HB5773 | - 49 - | LRB097 20475 CEL 66007 b |
|
| 1 | | Commission. | 2 | | (b) (Blank).
| 3 | | (c) The determination by a court that a licensee or | 4 | | registrant is subject to involuntary admission or judicial | 5 | | admission as provided in the Mental Health and Developmental | 6 | | Disabilities Code shall result in the automatic suspension of | 7 | | his or her license or registration. The licensee, registrant, | 8 | | or their agent shall be responsible for notifying the | 9 | | Department of the determination by the court that the licensee | 10 | | or registrant is subject to involuntary admission or judicial | 11 | | admission as provided in the Mental Health and Developmental | 12 | | Disabilities Code. The licensee or registrant shall also notify | 13 | | the Department upon discharge so that a determination may be | 14 | | made under item (9) of subsection (a) whether the licensee or | 15 | | registrant may resume practice. In rendering an order, the | 16 | | Department shall take into consideration
the facts and | 17 | | circumstances involving the type of acts or omissions in
| 18 | | subsection (a) including, but not limited to:
| 19 | | (1) the extent to which public confidence in the public | 20 | | accounting
profession was, might have been, or may be | 21 | | injured;
| 22 | | (2) the degree of trust and dependence among the | 23 | | involved parties;
| 24 | | (3) the character and degree of financial or economic | 25 | | harm which did or
might have resulted; and
| 26 | | (4) the intent or mental state of the person charged at |
| | | HB5773 | - 50 - | LRB097 20475 CEL 66007 b |
|
| 1 | | the time of the
acts or omissions.
| 2 | | (d) (Blank). The Department shall reissue the license or | 3 | | registration upon a showing that the disciplined
licensee or | 4 | | registrant has complied with all of the terms and conditions | 5 | | set forth in the
final order.
| 6 | | (e) (Blank). The Department shall deny any application for | 7 | | a license, registration, or renewal,
without hearing, to any | 8 | | person who has defaulted on an educational loan
guaranteed by | 9 | | the Illinois Student Assistance Commission; however, the
| 10 | | Department
may issue a license, registration, or renewal if the | 11 | | person in default has
established a satisfactory repayment | 12 | | record as determined by the Illinois
Student Assistance | 13 | | Commission.
| 14 | | (f) (Blank). The determination by a court that a licensee | 15 | | or registrant is subject to involuntary
admission or judicial | 16 | | admission as provided in the Mental Health and
Developmental | 17 | | Disabilities Code will result in the automatic suspension of | 18 | | his
or her license or registration. The licensee or registrant | 19 | | shall be responsible for notifying the Department of the | 20 | | determination by the court that the licensee or registrant is | 21 | | subject to involuntary admission or judicial admission as | 22 | | provided in the Mental Health and Developmental Disabilities | 23 | | Code. The licensee or registrant shall also notify the | 24 | | Department upon discharge so that a determination may be made | 25 | | under item (17) of subsection (a) whether the licensee or | 26 | | registrant may resume practice.
|
| | | HB5773 | - 51 - | LRB097 20475 CEL 66007 b |
|
| 1 | | (Source: P.A. 93-629, eff. 12-23-03; 93-683, eff. 7-2-04; | 2 | | 94-779, eff. 5-19-06.)
| 3 | | (225 ILCS 450/20.1) (from Ch. 111, par. 5522)
| 4 | | (Section scheduled to be repealed on January 1, 2014)
| 5 | | Sec. 20.1. Investigations; notice; hearing. The Department
| 6 | | may, upon
its own motion, and shall, upon the
verified | 7 | | complaint in writing of any person setting forth facts which, | 8 | | if
proved, would constitute grounds for disciplinary action
as | 9 | | set forth in Section 20.01, investigate the actions of any
| 10 | | person or entity. The
Department may refer complaints and | 11 | | investigations to a
disciplinary body
of the accounting | 12 | | profession for technical assistance. The results of
an | 13 | | investigation and recommendations of the disciplinary body
may | 14 | | be considered
by the Department, but shall not be considered | 15 | | determinative and
the Department
shall not in any way be | 16 | | obligated to take any action or be bound by the
results of the | 17 | | accounting profession's disciplinary proceedings. The
| 18 | | Department, before taking disciplinary action, shall afford | 19 | | the
concerned
party or parties an opportunity to request a | 20 | | hearing and if so requested
shall set a time and place for a | 21 | | hearing of the complaint. With respect to determinations by a | 22 | | Peer Review Administrator duly appointed by the Department | 23 | | under subsection (f) of Section 16 of this Act that a licensee | 24 | | has failed to satisfactorily complete a peer review as required | 25 | | under subsection (e) of Section 16, the Department may consider |
| | | HB5773 | - 52 - | LRB097 20475 CEL 66007 b |
|
| 1 | | the Peer Review Administrator's findings of fact as prima facie | 2 | | evidence, and upon request by a licensee for a hearing the | 3 | | Department shall review the record presented and hear arguments | 4 | | by the licensee or the licensee's counsel but need not conduct | 5 | | a trial or hearing de novo or accept additional evidence. The
| 6 | | Department shall notify the
applicant or the licensed or | 7 | | registered
person or entity of any
charges made and the date | 8 | | and place of the hearing of those charges by
mailing notice | 9 | | thereof to that person or entity by
registered or certified | 10 | | mail to the place last specified by the
accused person or | 11 | | entity in the last
notification to the
Department, at least 30 | 12 | | days prior to the date set for the
hearing or by
serving a | 13 | | written notice by delivery of the notice to the accused
person | 14 | | or entity at least 15 days prior to
the date set
for the | 15 | | hearing, and shall
direct the applicant or licensee or | 16 | | registrant to file a written
answer to the Department
under | 17 | | oath within 20 days after the service of the notice and inform | 18 | | the
applicant or licensee or registrant that failure to file an | 19 | | answer
will result in default
being taken against the applicant | 20 | | or licensee or registrant and that
the license or registration
| 21 | | may be
suspended, revoked, placed on probationary status, or | 22 | | other disciplinary
action may be taken, including limiting the | 23 | | scope, nature or extent of
practice, as the Secretary Director | 24 | | may deem proper.
In case the person fails to file an answer | 25 | | after receiving notice, his or
her license or registration may, | 26 | | in the discretion of the Department, be
suspended, revoked, or |
| | | HB5773 | - 53 - | LRB097 20475 CEL 66007 b |
|
| 1 | | placed on probationary status, or the Department may
take | 2 | | whatever disciplinary action deemed proper, including limiting | 3 | | the
scope, nature, or extent of the person's practice or the | 4 | | imposition of a
fine, without a hearing, if the act or acts | 5 | | charged constitute sufficient
grounds for such action under | 6 | | this Act.
The Department
shall afford the accused person or | 7 | | entity an
opportunity to be heard
in person or by counsel at | 8 | | the hearing. At the conclusion of
the hearing
the Committee | 9 | | shall present to the Secretary Director a
written report | 10 | | setting forth its finding
of facts, conclusions of law, and | 11 | | recommendations. The report shall contain
a finding whether or | 12 | | not the accused person violated this Act or failed to
comply | 13 | | with the conditions required in this Act. If the Secretary | 14 | | Director disagrees in any regard with the report, he or she may | 15 | | issue an order in contravention of the report. The Secretary | 16 | | Director shall provide a written explanation to the Committee | 17 | | of any such deviations and shall specify with particularity the | 18 | | reasons for the deviations.
| 19 | | The finding is not admissible in evidence against the | 20 | | person in a criminal
prosecution brought for the violation of | 21 | | this Act, but the hearing and
findings are not a bar to a | 22 | | criminal prosecution brought for the violation
of this Act.
| 23 | | (Source: P.A. 93-683, eff. 7-2-04; 94-779, eff. 5-19-06.)
| 24 | | (225 ILCS 450/20.2) (from Ch. 111, par. 5523)
| 25 | | (Section scheduled to be repealed on January 1, 2014)
|
| | | HB5773 | - 54 - | LRB097 20475 CEL 66007 b |
|
| 1 | | Sec. 20.2. Subpoenas; depositions; oaths. The Department | 2 | | has the power to subpoena documents, books, records, or other | 3 | | materials and to bring before it any person to take testimony, | 4 | | either orally or by deposition, or take written | 5 | | interrogatories, or any combination thereof, with the same fees | 6 | | and mileage in the same manner as is prescribed in civil cases | 7 | | in the courts of this State. | 8 | | The Secretary or the designated hearing officer has the | 9 | | power to administer oaths to witnesses at any hearing that the | 10 | | Department is authorized to conduct and any other oaths | 11 | | authorized in any Act administered by the Department. | 12 | | The Department may subpoena and bring before it at any hearing | 13 | | any
person in this
State and take testimony either orally or by
| 14 | | deposition, or both, with the same fees and mileage and in the | 15 | | same
manner as prescribed by law in judicial proceedings in
| 16 | | civil cases in circuit
courts of this State.
| 17 | | The Director, any member of the Committee designated by the | 18 | | Director, or any hearing officer appointed may administer oaths | 19 | | to witnesses at any hearing which the Department is authorized | 20 | | by law to conduct or any other oaths required or authorized in | 21 | | any Act administered by the Department.
| 22 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 23 | | (225 ILCS 450/20.4) (from Ch. 111, par. 5525)
| 24 | | (Section scheduled to be repealed on January 1, 2014)
| 25 | | Sec. 20.4. The Department, at its expense, shall provide a
|
| | | HB5773 | - 55 - | LRB097 20475 CEL 66007 b |
|
| 1 | | stenographer to
take down the testimony and preserve a record | 2 | | of all proceedings at
disciplinary
hearings. A The Department | 3 | | shall furnish a transcript of that
record may be made available | 4 | | to
any person interested in that hearing upon payment of the | 5 | | fee required by Section 2105-115 of the Department of | 6 | | Professional Regulation Law of the reasonable cost
established | 7 | | by the Department .
| 8 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 9 | | (225 ILCS 450/20.5) (from Ch. 111, par. 5526)
| 10 | | (Section scheduled to be repealed on January 1, 2014)
| 11 | | Sec. 20.5. Rehearing. In any disciplinary proceeding, a | 12 | | copy of the
Committee's report shall be served upon the | 13 | | respondent by the Department,
either personally or as provided | 14 | | in this Act for the service of the notice of
hearing. Within 20 | 15 | | days after such service, the respondent may present to the
| 16 | | Department a motion in writing for a rehearing, which motion
| 17 | | shall specify the
particular grounds therefor. If no motion for | 18 | | rehearing is filed, then upon
the expiration of the time | 19 | | specified for filing such a motion, or if a motion
or rehearing | 20 | | is denied, then upon such denial the Secretary Director may | 21 | | enter an order in accordance with recommendations of the | 22 | | Committee except as provided in Section 20.6. If the respondent | 23 | | shall order from the reporting
service, and pay for a | 24 | | transcript of the record within the time for filing a
motion | 25 | | for rehearing, the 20 day period within which such a motion may |
| | | HB5773 | - 56 - | LRB097 20475 CEL 66007 b |
|
| 1 | | be filed
shall commence upon the delivery of the transcript to | 2 | | the respondent.
| 3 | | Whenever the Secretary Director is satisfied that | 4 | | substantial justice has not been done in the disciplinary | 5 | | proceeding, the Secretary Director may order a rehearing by the | 6 | | Committee or designated hearing officer. The Secretary | 7 | | Director shall provide a written explanation to the Committee | 8 | | of any deviation from the recommendations of the Committee and | 9 | | shall specify with particularity the reasons for the deviation.
| 10 | | Upon the suspension or revocation of a registration or | 11 | | license of a registrant or
licensee, the registrant or licensee | 12 | | shall be required
to surrender to the Department the | 13 | | registration or license
issued by the Department, and upon
| 14 | | failure or refusal so to do, the Department may seize it.
| 15 | | The Department may exchange information relating to | 16 | | proceedings
resulting
in disciplinary action against licensees | 17 | | or registrants with the
regulatory bodies of other
states, or | 18 | | with other public authorities or private organizations or with | 19 | | federal authorities having
regulatory interest in such matter.
| 20 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 21 | | (225 ILCS 450/20.6) (from Ch. 111, par. 5526.6)
| 22 | | (Section scheduled to be repealed on January 1, 2014)
| 23 | | Sec. 20.6. Notwithstanding the provisions of Section 20.2 | 24 | | of this Act,
the Secretary Director shall have the authority to | 25 | | appoint any attorney
duly licensed
to practice law in the State |
| | | HB5773 | - 57 - | LRB097 20475 CEL 66007 b |
|
| 1 | | of Illinois to serve as the hearing officer
in any disciplinary | 2 | | action. The Secretary Director shall notify the Committee of | 3 | | such appointment.
| 4 | | The hearing officer shall have full authority to conduct | 5 | | the hearing.
The hearing officer shall report his findings of | 6 | | fact, conclusions of law
and recommendations to the Committee | 7 | | and the Secretary Director . The Committee shall have 60 days | 8 | | after receiving the report to review the report of the hearing | 9 | | officer and present its findings of fact, conclusions of law, | 10 | | and recommendations to the Secretary Director . If the Committee | 11 | | fails to present its report within the 60-day period, the | 12 | | Secretary Director shall issue an order based on the report of | 13 | | the hearing officer. If the Secretary Director disagrees in any | 14 | | regard with the report of the Committee or hearing officer, he | 15 | | or she may issue an order in contravention thereof. The | 16 | | Secretary Director shall provide a written explanation to the | 17 | | Committee of any such deviations and shall specify with | 18 | | particularity the reasons for said action in the final order.
| 19 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 20 | | (225 ILCS 450/21) (from Ch. 111, par. 5527)
| 21 | | (Section scheduled to be repealed on January 1, 2014)
| 22 | | Sec. 21. Judicial review; cost of record; order as prima | 23 | | facie proof.
| 24 | | (a) All final administrative decisions of the
Department
| 25 | | hereunder shall
be subject to judicial review pursuant to the |
| | | HB5773 | - 58 - | LRB097 20475 CEL 66007 b |
|
| 1 | | provisions of the Administrative
Review Law, and all amendments | 2 | | and modifications thereof, and the rules adopted
pursuant | 3 | | thereto. The term "administrative decision" is defined as in | 4 | | Section
3-101 of the Code of Civil Procedure.
| 5 | | Proceedings for judicial review shall be commenced in the | 6 | | Circuit
Court of the county in which the party applying for | 7 | | review resides; provided,
that if such party is not a resident | 8 | | of this State, the venue shall be in
Sangamon, Champaign, or | 9 | | Cook County.
| 10 | | (b) The Department shall not be required to certify any | 11 | | record
to the
court or file any answer in court or otherwise | 12 | | appear in any court in a
judicial review proceeding, unless | 13 | | there is filed in the court with the
complaint a receipt from | 14 | | the Department acknowledging payment of
the costs of
furnishing | 15 | | and certifying the record, which costs shall be established
by | 16 | | the Department. Exhibits shall be certified without cost.
| 17 | | Failure on the part of the plaintiff to file such receipt in | 18 | | court shall be
grounds for dismissal of the action.
| 19 | | (c) An order of disciplinary action or a certified copy | 20 | | thereof, over
the seal of the Department and purporting to be | 21 | | signed by the
Secretary Director or authorized agent of the | 22 | | Secretary Director , shall be prima
facie
proof, subject to | 23 | | being rebutted, that:
| 24 | | (1) the signature is the genuine signature of the
| 25 | | Secretary Director or authorized agent of the Secretary | 26 | | Director ;
|
| | | HB5773 | - 59 - | LRB097 20475 CEL 66007 b |
|
| 1 | | (2) the Secretary Director or authorized agent of the | 2 | | Secretary Director is duly
appointed and qualified;
and
| 3 | | (3) the Committee and the members thereof are qualified
| 4 | | to act.
| 5 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 6 | | (225 ILCS 450/28) (from Ch. 111, par. 5534)
| 7 | | (Section scheduled to be repealed on January 1, 2014)
| 8 | | Sec. 28. Criminal penalties Penalties . Each of the | 9 | | following acts perpetrated in the State
of Illinois is a Class | 10 | | B misdemeanor.
| 11 | | (a) The practice of accountancy activities as defined | 12 | | in paragraph (1) of subsection (a) of Section 8.05 without | 13 | | an active license public accounting insofar as it consists | 14 | | in
rendering service as described in Section 8, without | 15 | | licensure, in
violation of the provisions of this Act;
| 16 | | (b) The obtaining or attempting to obtain licensure as | 17 | | a licensed
certified public accountant
or registration as a | 18 | | registered certified public accountant by fraud;
| 19 | | (c) The use of the title "Certified Public Accountant" | 20 | | or the abbreviation "C.P.A." or use of any similar words or | 21 | | letters indicating the user is a certified public | 22 | | accountant , the title "Registered Certified Public | 23 | | Accountant", the abbreviation "R.C.P.A.", any similar | 24 | | words or letters indicating the user is a certified public | 25 | | accountant or a registered certified public accountant by |
| | | HB5773 | - 60 - | LRB097 20475 CEL 66007 b |
|
| 1 | | any person in contravention of this Act; | 2 | | (c-5) (Blank) The use of the title "Certified Public | 3 | | Accountant" or "Licensed Certified Public Accountant" or | 4 | | the abbreviation "C.P.A." or "L.C.P.A." or any similar | 5 | | words or letters indicating the user is a certified public | 6 | | accountant by any person in contravention with this Act ;
| 7 | | (d) The use of the title
"Certified Public Accountant" | 8 | | or the
abbreviation "C.P.A." or any similar words or | 9 | | letters indicating that the
members are certified public | 10 | | accountants, by any partnership, limited liability | 11 | | company, corporation, or other entity in contravention of | 12 | | this Act unless all
members thereof personally engaged in | 13 | | the practice of public accounting in
this State
are | 14 | | licensed as licensed certified public
accountants by the
| 15 | | Department, and
are holders of an effective unrevoked | 16 | | license, and the partnership, limited liability company, | 17 | | corporation, or other entity
is licensed as licensed | 18 | | certified public accountants by the
Board
with an effective
| 19 | | unrevoked license ;
| 20 | | (e) The unauthorized practice in the performance of | 21 | | accountancy activities as defined in Section 8.05 and in | 22 | | contravention of this Act The use of the title "Licensed | 23 | | Certified Public Accountant", or the abbreviation
| 24 | | "L.C.P.A."
or any similar words or letters indicating such | 25 | | person is a licensed
certified public
accountant, by any | 26 | | person not licensed as a licensed certified public
|
| | | HB5773 | - 61 - | LRB097 20475 CEL 66007 b |
|
| 1 | | accountant by the
Department, and holding an effective | 2 | | unrevoked license; provided
nothing in
this Act shall | 3 | | prohibit the use of the title "Accountant" or "Bookkeeper" | 4 | | by
any person ;
| 5 | | (f) (Blank); The use of the title "Licensed Certified | 6 | | Public Accountants",
"Public
Accountants" or the | 7 | | abbreviation "P.A.'s"
or any similar words or letters | 8 | | indicating that the members are public
accountants by any | 9 | | partnership, limited liability company, corporation, or | 10 | | other entity
unless all members thereof personally
engaged | 11 | | in the practice of public accounting in this State are | 12 | | licensed
as licensed certified public accountants by the
| 13 | | Department
and are holders
of effective
unrevoked | 14 | | licenses, and the partnership is licensed as a public
| 15 | | accounting
firm by
the Department with an effective | 16 | | unrevoked license;
| 17 | | (g) Making false statements to the Department
| 18 | | regarding
compliance with
continuing professional | 19 | | education or peer review requirements;
| 20 | | (h) (Blank). The use of the title "Certified Public | 21 | | Accountant" or the abbreviation "C.P.A." or any similar | 22 | | words or letters indicating that the members are certified | 23 | | public accountants, by any partnership unless all members | 24 | | thereof personally engaged in the practice of public | 25 | | accounting in this State have received certificates as | 26 | | certified public accountants from the Board, are licensed |
| | | HB5773 | - 62 - | LRB097 20475 CEL 66007 b |
|
| 1 | | as public accountants by the Department, and are holders of | 2 | | an effective unrevoked license, and the partnership is | 3 | | licensed as public accountants by the Department with an | 4 | | effective unrevoked license. | 5 | | This Section does not prohibit a firm partnership, limited | 6 | | liability company, corporation, or other entity who does not | 7 | | practice public accounting as set forth in Section 8 of this | 8 | | Act and whose members residing in Illinois are registered with | 9 | | the Department from using the title "Certified Public | 10 | | Accountant" or the abbreviation "C.P.A." or "CPA" or similar | 11 | | words or letters indicating that the members are certified | 12 | | public accountants.
| 13 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 14 | | (225 ILCS 450/30) (from Ch. 111, par. 5535)
| 15 | | (Section scheduled to be repealed on January 1, 2014)
| 16 | | Sec. 30. A violation of Sections 8.05 and 9.02 of this Act | 17 | | by any person The practice of public accounting, as described | 18 | | in Section 8 of
this Act, by any person in violation of this | 19 | | Act is hereby declared to be
inimical to the public welfare and | 20 | | to be a public nuisance. An action to
perpetually enjoin from | 21 | | such unlawful practice any person who has been or
is engaged | 22 | | therein may be maintained in the name of the people of the | 23 | | State
of Illinois by the Attorney General of the State of | 24 | | Illinois, by the
State's Attorney of any county in which the | 25 | | action is brought, by the
Department or by any resident |
| | | HB5773 | - 63 - | LRB097 20475 CEL 66007 b |
|
| 1 | | citizen. The injunction proceeding
shall be
in addition to and | 2 | | not in lieu of any penalties or other remedies provided
by this | 3 | | Act. No injunction shall issue under this section against any
| 4 | | person for any act exempted under Section 11 of this Act.
| 5 | | If any person shall practice as a licensed certified public | 6 | | accountant or
a registered certified public accountant or hold | 7 | | himself or herself out
as a licensed certified public | 8 | | accountant or registered certified public accountant without | 9 | | being licensed or registered under the
provision
of this
Act | 10 | | then any licensed certified public accountant or registered | 11 | | certified public accountant, any interested party or
any person
| 12 | | injured thereby may, in addition to the Department, petition | 13 | | for
relief
as provided in subsection (a) of this Section.
| 14 | | Whenever in the opinion of the Department any person | 15 | | violates
any provision
of this Act, the Department may issue a | 16 | | rule to show cause why an
order
to cease and desist should not | 17 | | be entered against him. The rule shall clearly
set
forth the | 18 | | grounds relied upon by the Department and shall provide
a | 19 | | period
of 7 days from the date of the rule to file an answer to | 20 | | the satisfaction
of the Department. Failure to answer to the | 21 | | satisfaction of the
Department
shall cause an order to cease | 22 | | and desist to be issued forthwith.
| 23 | | (Source: P.A. 92-457, eff. 7-1-04; 93-683, eff. 7-2-04.)
| 24 | | (225 ILCS 450/30.5)
| 25 | | (Section scheduled to be repealed on January 1, 2014) |
| | | HB5773 | - 64 - | LRB097 20475 CEL 66007 b |
|
| 1 | | Sec. 30.5. Improper influence on the conduct of audits. | 2 | | (a) It shall be unlawful for any officer or director of a | 3 | | company that is not required to file periodic information, | 4 | | documents, and reports pursuant to the federal Securities | 5 | | Exchange Act of 1934, or any other person acting under the | 6 | | direction thereof, to take any action to fraudulently | 7 | | influence, coerce, manipulate, or mislead any licensed public | 8 | | accountant or licensed certified public accountant engaged in | 9 | | the performance of an audit of the financial statements of that | 10 | | company for the purpose of rendering the financial statements | 11 | | being audited materially misleading.
| 12 | | (b) A person who , with the intent to deceive, violates this | 13 | | Section is guilty of a Class 4 felony.
| 14 | | (Source: P.A. 93-683, eff. 7-2-04.) | 15 | | (225 ILCS 450/30.6)
| 16 | | (Section scheduled to be repealed on January 1, 2014) | 17 | | Sec. 30.6. Misleading behavior by licensees certified | 18 | | public accountants . | 19 | | (a) It shall be unlawful for any licensee licensed public | 20 | | accountant or licensed certified public accountant to | 21 | | intentionally mislead a company that is not required to file | 22 | | periodic information, documents, and reports pursuant to the | 23 | | federal Securities Exchange Act of 1934 by falsifying records | 24 | | it creates as part of an audit of the company.
| 25 | | (b) A person who knowingly violates this Section is guilty |
| | | HB5773 | - 65 - | LRB097 20475 CEL 66007 b |
|
| 1 | | of a Class 4 felony.
| 2 | | (Source: P.A. 93-683, eff. 7-2-04.)
| 3 | | (225 ILCS 450/7 rep.)
| 4 | | (225 ILCS 450/8 rep.)
| 5 | | (225 ILCS 450/9 rep.)
| 6 | | (225 ILCS 450/9.01 rep.)
| 7 | | Section 10. The Illinois Public Accounting Act is amended | 8 | | by repealing Sections 7, 8, 9, and 9.01.
| 9 | | Section 99. Effective date. This Act takes effect July 1, | 10 | | 2012.
| | | | HB5773 | - 66 - | LRB097 20475 CEL 66007 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.24 | | | 4 | | 5 ILCS 80/4.33 new | | | 5 | | 225 ILCS 450/0.03 | from Ch. 111, par. 5500.03 | | 6 | | 225 ILCS 450/0.04 new | | | 7 | | 225 ILCS 450/2 | from Ch. 111, par. 5502 | | 8 | | 225 ILCS 450/2.05 | | | 9 | | 225 ILCS 450/2.1 | from Ch. 111, par. 5503 | | 10 | | 225 ILCS 450/4 | from Ch. 111, par. 5505 | | 11 | | 225 ILCS 450/5 | from Ch. 111, par. 5506 | | 12 | | 225 ILCS 450/5.2 | | | 13 | | 225 ILCS 450/8.05 new | | | 14 | | 225 ILCS 450/9.02 | | | 15 | | 225 ILCS 450/9.2 | from Ch. 111, par. 5510.2 | | 16 | | 225 ILCS 450/9.3 | | | 17 | | 225 ILCS 450/13 | from Ch. 111, par. 5514 | | 18 | | 225 ILCS 450/14 | from Ch. 111, par. 5515 | | 19 | | 225 ILCS 450/14.1 | | | 20 | | 225 ILCS 450/14.2 | | | 21 | | 225 ILCS 450/14.3 | | | 22 | | 225 ILCS 450/16 | from Ch. 111, par. 5517 | | 23 | | 225 ILCS 450/17.1 | from Ch. 111, par. 5518.1 | | 24 | | 225 ILCS 450/17.2 | from Ch. 111, par. 5518.2 | | 25 | | 225 ILCS 450/19 | from Ch. 111, par. 5520 | |
| | | HB5773 | - 67 - | LRB097 20475 CEL 66007 b |
|
| 1 | | 225 ILCS 450/20.01 | from Ch. 111, par. 5521.01 | | 2 | | 225 ILCS 450/20.1 | from Ch. 111, par. 5522 | | 3 | | 225 ILCS 450/20.2 | from Ch. 111, par. 5523 | | 4 | | 225 ILCS 450/20.4 | from Ch. 111, par. 5525 | | 5 | | 225 ILCS 450/20.5 | from Ch. 111, par. 5526 | | 6 | | 225 ILCS 450/20.6 | from Ch. 111, par. 5526.6 | | 7 | | 225 ILCS 450/21 | from Ch. 111, par. 5527 | | 8 | | 225 ILCS 450/28 | from Ch. 111, par. 5534 | | 9 | | 225 ILCS 450/30 | from Ch. 111, par. 5535 | | 10 | | 225 ILCS 450/30.5 | | | 11 | | 225 ILCS 450/30.6 | | | 12 | | 225 ILCS 450/7 rep. | | | 13 | | 225 ILCS 450/8 rep. | | | 14 | | 225 ILCS 450/9 rep. | | | 15 | | 225 ILCS 450/9.01 rep. | |
| |
|