Illinois 94th Regular Session Status: Passed Senate

SB 565 — REG-ACCNTNT-PEER REVIEW

Last action — Session Sine Die

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 94th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Illinois Public Accounting Act. Provides a definition of "Peer Review Administrator". Requires firms and sole practitioners providing accounting services under the Act to undergo a peer review as a condition of renewing a license unless an exemption applies. Allows the Department of Financial and Professional Regulation to adopt rules. Provides penalties for failure to comply with remedial actions determined appropriate by the Peer Review Administrator. Requires the firm or sole practitioner to pay for the costs of the peer review. Provides that the peer review proceedings, records, reports, and other documents are privileged and provides exceptions to the privilege. Provides for the peer review year of combined or divided firms or sole practitioners. Grants civil immunity except for reckless or willful misconduct. Effective immediately.

Bill Text

What changed in the latest version

535 added · 312 removed

Plain-language change summary

The latest version of Bill SB 565 includes the addition of a definition for "Peer Review Administrator" and mandates that all firms and sole practitioners providing accounting services must undergo a peer review to renew their license, unless they qualify for an exemption. This change aims to ensure higher professional standards in public accounting practices, helping to maintain accountability and protect consumers. Additionally, the bill outlines the obligations for firms to cover the costs of these reviews and offers civil immunity for participants, emphasizing the importance of a transparent and fair review process.

→
Previous
Latest
*LRB09410891LJB41439b* SB0565 94TH GENERAL ASSEMBLY State of Illinois and 2006 SB0565 Introduced 2/17/2005, by Sen.
SB0565 Engrossed LRB094 10891 LJB 41439 b AN ACT concerning regulation.
Louis S.
Viverito SYNOPSIS AS INTRODUCED:
ILCS 450/0.03 from Ch.
111, par.
5500.03 ILCS 450/16 from Ch.
111, par.
5517 Amends the Illinois Public Accounting Act.
Provides a definition of "Peer Review Administrator".
Requires firms and sole practitioners providing accounting services under the Act to undergo a peer review as a condition of renewing a license unless an exemption applies.
Allows the Department of Financial and Professional Regulation to adopt rules.
Provides penalties for failure to comply with remedial actions determined appropriate by the Peer Review Administrator.
Requires the firm or sole practitioner to pay for the costs of the peer review.
Provides that the peer review proceedings, records, reports, and other documents are privileged and provides exceptions to the privilege.
Provides for the peer review year of combined or divided firms or sole practitioners.
Grants civil immunity except for reckless or willful misconduct.
Effective immediately.
LRB094 10891 LJB 41439 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB0565 LRB094 10891 LJB 41439 b AN ACT concerning regulation.
The Illinois Public Accounting Act is amended by changing Sections 0.03 and 16 as follows:
The Illinois Public Accounting Act is amended by changing Sections 0.03, 6.1, 16, 20.01, 20.1, and 27 as follows:
(g) "Peer review program" means a study, appraisal, or review of one or more aspects of the professional work of an individual a person or firm in the practice of public accounting to determine the degree of compliance by the individual or firm with generally accepted accounting principles and auditing standards and other generally accepted technical standards, conducted by persons who hold current licenses to practice public accounting under the laws of this or another state and who are not affiliated with the individual SB0565 - 2 - LRB094 10891 LJB 41439 b or firm being reviewed certified or licensed under this Act, including quality review, peer review, practice monitoring, quality assurance, and similar programs undertaken voluntarily or as a prerequisite to the providing of professional services under government requirements, or any similar internal review or inspection that is required by professional standards.
(g) "Peer review program" means a study, appraisal, or review of one or more aspects of the professional work of a person or firm or sole practitioner in the practice of public accounting to determine the degree of compliance by the firm or sole practitioner with professional standards and practices, conducted by persons who hold current licenses to practice public accounting under the laws of this or another state and who are not affiliated with the firm or sole practitioner being SB0565 Engrossed - 2 - LRB094 10891 LJB 41439 b reviewed certified or licensed under this Act, including quality review, peer review, practice monitoring, quality assurance, and similar programs undertaken voluntarily or as a prerequisite to the providing of professional services under government requirements, or any similar internal review or inspection that is required by professional standards.
(l) "Peer Review Administrator" means the American Institute of Certified Public Accountants, the Illinois CPA Society, and other organizations that the Department may designate that meet the requirements of subsection (f) of Section 16 of this Act and other rules that the Department may adopt.
(l) "Peer Review Administrator" means an organization designated by the Department that meets the requirements of subsection (f) of Section 16 of this Act and other rules that the Department may adopt.
7-2-04.) (225 ILCS 450/6.1) (Section scheduled to be repealed on January 1, 2014) Sec.
6.1.
Examinations.
(a) The examination shall test the applicant’s knowledge of accounting, auditing, and other related subjects, if any, as the Board may deem advisable.
A candidate shall be required to pass all sections of the examination in order to qualify for a certificate.
A candidate may take the required test sections individually and in any order, as long as the examination is taken within a timeframe established by Board rule.
(b) On and after January 1, 2005, applicants shall also be required to pass an examination on the rules of professional conduct, as determined by Board rule to be appropriate, before they may be awarded a certificate as a Certified Public SB0565 Engrossed - 3 - LRB094 10891 LJB 41439 b Accountant.
(c) Pursuant to compliance with the Americans with Disabilities Act, the Board may provide alternative test administration arrangements that are reasonable in the context of the Certified Public Accountant examination for applicants who are unable to take the examination under standard conditions upon an applicant’s submission of evidence as the Board may require, which may include a signed statement from a medical or other licensed medical professional, identifying the applicant’s disabilities and the specific alternative accommodations the applicant may need.
Any alteration in test administration arrangements does not waive the requirement of sitting for and passing the examination.
The Board may in certain cases waive or defer any of the requirements of this Section regarding the circumstances in which the various Sections of the examination must be passed upon a showing that, by reasons of circumstances beyond the applicant’s control, the applicant was unable to meet the requirement.
(d) Any application, document, or other information filed by or concerning an applicant and any examination grades of an applicant shall be deemed confidential and shall not be disclosed to anyone without the prior written permission of the applicant, except that the names and addresses only of all applicants shall be a public record and be released as public information.
Nothing in this subsection shall prevent the Board from making public announcement of the names of persons receiving certificates under this Act.
(Source:
P.A.
93-683, eff.
(b) Every holder of a license or registration under this Act may renew such license or registration before the expiration date upon payment of the required renewal fee as set by rule.
(b) Every holder of a license or registration under this SB0565 Engrossed - 4 - LRB094 10891 LJB 41439 b Act may renew such license or registration before the expiration date upon payment of the required renewal fee as set by rule.
(c) Every application for renewal of a license by a licensed certified public accountant who has been licensed SB0565 - 3 - LRB094 10891 LJB 41439 b under this Act for 3 years or more shall be accompanied or supported by any evidence the Department shall prescribe, in satisfaction of completing, each 3 years, not less than 120 hours of continuing professional education programs in subjects given by continuing education sponsors registered by the Department upon recommendation of the Committee.
(c) Every application for renewal of a license by a licensed certified public accountant who has been licensed under this Act for 3 years or more shall be accompanied or supported by any evidence the Department shall prescribe, in satisfaction of completing, each 3 years, not less than 120 hours of continuing professional education programs in subjects given by continuing education sponsors registered by the Department upon recommendation of the Committee.
Failure by an applicant for renewal of a license as a licensed certified public accountant to furnish the evidence shall constitute grounds for disciplinary action, unless the Department in its discretion shall determine the failure to have been due to reasonable cause.
SB0565 Engrossed - 5 - LRB094 10891 LJB 41439 b Failure by an applicant for renewal of a license as a licensed certified public accountant to furnish the evidence shall constitute grounds for disciplinary action, unless the Department in its discretion shall determine the failure to have been due to reasonable cause.
The Department, in its SB0565 - 4 - LRB094 10891 LJB 41439 b discretion, may renew a license despite failure to furnish evidence of satisfaction of requirements of continuing education upon condition that the applicant follow a particular program or schedule of continuing education.
The Department, in its discretion, may renew a license despite failure to furnish evidence of satisfaction of requirements of continuing education upon condition that the applicant follow a particular program or schedule of continuing education.
Show all 153 changed rows (113 more)
Previous
Latest
(e) For renewals on and after January 1, 2009, as a condition for granting a renewal license to firms and sole practitioners who provide services requiring a license under this Act, the Department shall require that the firm or sole practitioner undergo a peer review covering the immediately preceding 3-year period, accepted by a Peer Review Administrator in accordance with this Section, unless the firm or sole practitioner is exempted under the provisions of subsection (i) of this Section.
(e) For renewals on and after July 1, 2012, as a condition for granting a renewal license to firms and sole practitioners who provide services requiring a license under this Act, the Department shall require that the firm or sole practitioner SB0565 Engrossed - 6 - LRB094 10891 LJB 41439 b satisfactorily complete a peer review during the immediately preceding 3-year period, accepted by a Peer Review Administrator in accordance with established standards for performing and reporting on peer reviews, unless the firm or sole practitioner is exempted under the provisions of subsection (i) of this Section.
Each firm or sole practitioner SB0565 - 5 - LRB094 10891 LJB 41439 b shall submit to the Department with its renewal application a letter from the Peer Review Administrator stating the date on which the peer review was satisfactorily completed.
A firm or sole practitioner shall, at the request of the Department, submit to the Department a letter from the Peer Review Administrator stating the date on which the peer review was satisfactorily completed.
A new firm or sole practitioner not subject to subsection (l) shall undergo its first peer review within 18 months after it is granted its initial license.
A new firm or sole practitioner not subject to subsection (l) of this Section shall undergo its first peer review during the first full renewal cycle after it is granted its initial license.
The rules of the Department may lengthen any of the periods between required peer reviews prescribed in this subsection (e) in the manner, under the circumstances, or with respect to firms that the Department in its discretion may consider appropriate.
(f) The Department shall approve only Peer Review Administrators that the Department finds comply with established standards for performing and reporting on peer reviews.
(f) The Department may adopt rules establishing guidelines for peer reviews, which shall do all of the following:
The Department may adopt rules establishing guidelines for peer reviews, which shall do all of the following:
(1) Require that a peer review be conducted pursuant to a program and standards of the American Institute of Certified Public Accountants.
(1) Require that a peer review be conducted by a reviewer that is independent of the firm reviewed and approved by the Peer Review Administrator under established standards.
The Department shall approve only Peer Review Administrators that the Department finds comply with established standards for performing and reporting on peer reviews.
(2) Other than in the peer review process, prohibit the use or public disclosure of information obtained by the reviewer, the Peer Review Administrator, or the Department during or in connection with the peer review process.
(2) Require that a peer review be conducted by a reviewer that is independent of the firm reviewed and approved by the Peer Review Administrator under established standards.
(3) Other than in the peer review process, prohibit the use or public disclosure of information obtained by the reviewer, the Peer Review Administrator, or the Department during or in connection with the peer review process.
(g) If a firm or sole practitioner does not comply with any remedial actions determined appropriate by the Peer Review Administrator, the Peer Review Administrator shall refer the matter to the Department to determine if further action under SB0565 - 6 - LRB094 10891 LJB 41439 b this subsection (g) is warranted.
(g) If a firm or sole practitioner fails to satisfactorily complete a peer review as required by subsection (e) of this Section or does not comply with any remedial actions determined necessary by the Peer Review Administrator, the Peer Review SB0565 Engrossed - 7 - LRB094 10891 LJB 41439 b Administrator shall notify the Department of the failure and shall submit a record with specific references to the rule, statutory provision, professional standards, or other applicable authority upon which the Peer Review Administrator made its determination and the specific actions taken or failed to be taken by the licensee that in the opinion of the Peer Review Administrator constitutes a failure to comply.
The Department may at its discretion or shall upon submission of a written application by the firm or sole practitioner hold a hearing to determine whether the firm or sole practitioner complies with the appropriate professional standards and practices.
The Department may at its discretion or shall upon submission of a written application by the firm or sole practitioner hold a hearing under Section 20.1 of this Act to determine whether the firm or sole practitioner has complied with subsection (e) of this Section.
If the Department after conducting a hearing determines that the firm or sole practitioner complies with the appropriate professional standards and practices, it shall issue an order requiring the Peer Review Administrator to take any necessary action to record and implement the Department’s determination and to restore the status of compliance of the firm or sole practitioner.
However, if the Department after conducting the hearing determines that the firm or sole practitioner does not comply with the appropriate professional standards and practices, it may issue an order that requires both of the following:
(1) Remedial action, which may include any or all of the following:
(A) requiring the sole practitioner or employees of the firm to complete general or specific continuing professional education courses;
(B) requiring the sole practitioner or firm to undergo a peer review more frequently than every 3 years;
or (C) other remedial action as recommended by the Committee.
(2) An affidavit from the firm or sole practitioner, submitted within the time specified by the Department, indicating completion of the required remedial actions.
The Peer Review Administrator may charge a fee to each firm and sole practitioner sufficient to cover its costs of administering the peer review program.
The Peer Review Administrator may charge a fee to each firm and sole practitioner sufficient to cover costs of administering the peer review program.
(i) A firm or sole practitioner shall be exempt from the SB0565 - 7 - LRB094 10891 LJB 41439 b requirement to undergo a peer review if:
(i) A firm or sole practitioner shall be exempt from the requirement to undergo a peer review if:
(A) during the preceding 2 years, the firm has not accepted or performed any audit or review engagement;
(A) during the preceding 2 years, the firm or sole practitioner has not accepted or performed any services requiring a license under this Act;
(B) within the next 2 years, the firm does not intend to accept or perform any audit or review engagement;
(B) the firm or sole practitioner agrees to notify the Department within 30 days of accepting an SB0565 Engrossed - 8 - LRB094 10891 LJB 41439 b engagement for services requiring a license under this Act and to undergo a peer review within 18 months after the end of the period covered by the engagement.
and (C) the firm agrees to notify the Department within 30 days of accepting an audit or review engagement and to undergo a peer review within 18 months of accepting an audit or review engagement.
SB0565 - 8 - LRB094 10891 LJB 41439 b (2) No employee, member, or agent of a Peer Review Administrator or reviewer shall be permitted or required to testify as to any matters produced, presented, disclosed, or discussed during or in connection with the peer review process or be required to testify to any finding, recommendation, evaluation, opinion, or other actions of any person in connection with the peer review process.
(2) No employee, member, or agent of a Peer Review Administrator or reviewer shall be permitted or required to testify as to any matters produced, presented, disclosed, or discussed during or in connection with the peer review process or be required to testify to any finding, recommendation, evaluation, opinion, or other actions of any person in connection with the peer review process.
(k) If a peer review report indicates that a firm or sole practitioner complies with the appropriate professional standards and practices set forth in the rules of the Department, the Peer Review Administrator shall destroy all working papers and documents, other than report-related documents, related to the peer review within 90 days after issuance of the letter of acceptance by the Peer Review Administrator.
SB0565 Engrossed - 9 - LRB094 10891 LJB 41439 b (k) If a peer review report indicates that a firm or sole practitioner complies with the appropriate professional standards and practices set forth in the rules of the Department and no further remedial action is required, the Peer Review Administrator shall destroy all working papers and documents, other than report-related documents, related to the peer review within 90 days after issuance of the letter of acceptance by the Peer Review Administrator.
In the event that the practice of a firm is divided or a portion of its practice is sold or otherwise SB0565 - 9 - LRB094 10891 LJB 41439 b transferred, any firm or sole practitioner acquiring some or all of the practice that does not already have its own review year shall retain the review year of the former firm.
In the event that the practice of a firm is divided or a portion of its practice is sold or otherwise transferred, any firm or sole practitioner acquiring some or all of the practice that does not already have its own review year shall retain the review year of the former firm.
(m) No Peer Review Administrator or reviewer, or any of its members, employees, agents, or any person furnishing professional counsel or services shall be civilly liable by reason of the performance of any duty, function, or activity under this Section so long as the person or entity has not engaged in recklessness or willful misconduct.
(m) No Peer Review Administrator or reviewer, or any of its members, employees, agents, or any person furnishing professional counsel or services shall be civilly liable by reason of the performance of any duty, function, or activity under this Section so long as the person or entity has not engaged in willful or wanton misconduct.
7-2-04.) Section 99.
7-2-04.) (225 ILCS 450/20.01) (from Ch.
111, par.
5521.01) SB0565 Engrossed - 10 - LRB094 10891 LJB 41439 b (Section scheduled to be repealed on January 1, 2014) Sec.
20.01.
Grounds for discipline;
license or registration.
(a) The Department may refuse to issue or renew, or may revoke, suspend, or reprimand any registration or registrant, any license or licensee, place a licensee or registrant on probation for a period of time subject to any conditions the Department may specify including requiring the licensee or registrant to attend continuing education courses or to work under the supervision of another licensee or registrant, impose a fine not to exceed $5,000 for each violation, restrict the authorized scope of practice, or require a licensee or registrant to undergo a peer review program, for any one or more of the following:
(1) Violation of any provision of this Act.
(2) Attempting to procure a license or registration to practice under this Act by bribery or fraudulent misrepresentations.
(3) Having a license to practice public accounting or registration revoked, suspended, or otherwise acted against, including the denial of licensure or registration, by the licensing or registering authority of another state, territory, or country, including but not limited to the District of Columbia, or any United States territory.
No disciplinary action shall be taken in Illinois if the action taken in another jurisdiction was based upon failure to meet the continuing professional education requirements of that jurisdiction and the applicable Illinois continuing professional education requirements are met.
(4) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of public accounting or the ability to practice public accounting or as a Registered Certified Public Accountant.
(5) Making or filing a report or record which the SB0565 Engrossed - 11 - LRB094 10891 LJB 41439 b registrant or licensee knows to be false, willfully failing to file a report or record required by state or federal law, willfully impeding or obstructing the filing, or inducing another person to impede or obstruct the filing.
The reports or records shall include only those that are signed in the capacity of a licensed certified public accountant or a registered certified public accountant.
(6) Conviction in this or another State or the District of Columbia, or any United States Territory, of any crime that is punishable by one year or more in prison or conviction of a crime in a federal court that is punishable by one year or more in prison.
(7) Proof that the licensee or registrant is guilty of fraud or deceit, or of gross negligence, incompetency, or misconduct, in the practice of public accounting.
(8) Violation of any rule adopted under this Act.
(9) Practicing on a revoked, suspended, or inactive license or registration.
(10) Suspension or revocation of the right to practice before any state or federal agency.
(11) Conviction of any crime under the laws of the United States or any state or territory of the United States that is a felony or misdemeanor and has dishonesty as an essential element, or of any crime that is directly related to the practice of the profession.
(12) Making any misrepresentation for the purpose of obtaining a license, or registration or material misstatement in furnishing information to the Department.
(13) Aiding or assisting another person in violating any provision of this Act or rules promulgated hereunder.
(14) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public and violating the rules of professional conduct adopted by the Department.
(15) Habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug SB0565 Engrossed - 12 - LRB094 10891 LJB 41439 b that results in the inability to practice with reasonable skill, judgment, or safety.
(16) Directly or indirectly giving to or receiving from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for any professional service not actually rendered.
(17) Physical or mental disability, including deterioration through the aging process or loss of abilities and skills that results in the inability to practice the profession with reasonable judgment, skill or safety.
(18) Solicitation of professional services by using false or misleading advertising.
(19) Failure to file a return, or pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue or any successor agency or the Internal Revenue Service or any successor agency.
(20) Practicing or attempting to practice under a name other than the full name as shown on the license or registration or any other legally authorized name.
(21) A finding by the Department that a licensee or registrant has not complied with a provision of any lawful order issued by the Department.
(22) Making a false statement to the Department regarding compliance with continuing professional education or peer review requirements.
(23) Failing to make a substantive response to a request for information by the Department within 30 days of the request.
(b) (Blank).
(c) In rendering an order, the Department shall take into consideration the facts and circumstances involving the type of acts or omissions in subsection (a) including, but not limited to:
SB0565 Engrossed - 13 - LRB094 10891 LJB 41439 b (1) the extent to which public confidence in the public accounting profession was, might have been, or may be injured;
(2) the degree of trust and dependence among the involved parties;
(3) the character and degree of financial or economic harm which did or might have resulted;
and (4) the intent or mental state of the person charged at the time of the acts or omissions.
(d) The Department shall reissue the license or registration upon a showing that the disciplined licensee or registrant has complied with all of the terms and conditions set forth in the final order.
(e) The Department shall deny any application for a license, registration, or renewal, without hearing, to any person who has defaulted on an educational loan guaranteed by the Illinois Student Assistance Commission;
however, the Department may issue a license, registration, or renewal if the person in default has established a satisfactory repayment record as determined by the Illinois Student Assistance Commission.
(f) The determination by a court that a licensee or registrant is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code will result in the automatic suspension of his or her license or registration.
The licensee or registrant shall be responsible for notifying the Department of the determination by the court that the licensee or registrant is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code.
The licensee or registrant shall also notify the Department upon discharge so that a determination may be made under item (17) of subsection (a) whether the licensee or registrant may resume practice.
(Source:
P.A.
92-457, eff.
7-1-04;
93-629, eff.
12-23-03;
93-683, eff.
7-2-04.) SB0565 Engrossed - 14 - LRB094 10891 LJB 41439 b (225 ILCS 450/20.1) (from Ch.
111, par.
5522) (Section scheduled to be repealed on January 1, 2014) Sec.
20.1.
Investigations;
notice;
hearing.
The Department may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proved, would constitute grounds for disciplinary action as set forth in Section 20.01, investigate the actions of any person or entity.
The Department may refer complaints and investigations to a disciplinary body of the accounting profession for technical assistance.
The results of an investigation and recommendations of the disciplinary body may be considered by the Department, but shall not be considered determinative and the Department shall not in any way be obligated to take any action or be bound by the results of the accounting profession’s disciplinary proceedings.
The Department, before taking disciplinary action, shall afford the concerned party or parties an opportunity to request a hearing and if so requested shall set a time and place for a hearing of the complaint.
With respect to determinations by a Peer Review Administrator duly appointed by the Department under subsection (f) of Section 16 of this Act that a licensee has failed to satisfactorily complete a peer review as required under subsection (e) of Section 16, the Department may consider the Peer Review Administrator’s findings of fact as prima facie evidence, and upon request by a licensee for a hearing the Department shall review the record presented and hear arguments by the licensee or the licensee’s counsel but need not conduct a trial or hearing de novo or accept additional evidence.
The Department shall notify the applicant or the licensed or registered person or entity of any charges made and the date and place of the hearing of those charges by mailing notice thereof to that person or entity by registered or certified mail to the place last specified by the accused person or entity in the last notification to the Department, at least 30 days prior to the date set for the hearing or by serving a SB0565 Engrossed - 15 - LRB094 10891 LJB 41439 b written notice by delivery of the notice to the accused person or entity at least 15 days prior to the date set for the hearing, and shall direct the applicant or licensee or registrant to file a written answer to the Department under oath within 20 days after the service of the notice and inform the applicant or licensee or registrant that failure to file an answer will result in default being taken against the applicant or licensee or registrant and that the license or registration may be suspended, revoked, placed on probationary status, or other disciplinary action may be taken, including limiting the scope, nature or extent of practice, as the Director may deem proper.
In case the person fails to file an answer after receiving notice, his or her license or registration may, in the discretion of the Department, be suspended, revoked, or placed on probationary status, or the Department may take whatever disciplinary action deemed proper, including limiting the scope, nature, or extent of the person’s practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act.
The Department shall afford the accused person or entity an opportunity to be heard in person or by counsel at the hearing.
At the conclusion of the hearing the Committee shall present to the Director a written report setting forth its finding of facts, conclusions of law, and recommendations.
The report shall contain a finding whether or not the accused person violated this Act or failed to comply with the conditions required in this Act.
If the Director disagrees in any regard with the report, he or she may issue an order in contravention of the report.
The Director shall provide a written explanation to the Committee of any such deviations and shall specify with particularity the reasons for the deviations.
The finding is not admissible in evidence against the person in a criminal prosecution brought for the violation of this Act, but the hearing and findings are not a bar to a criminal prosecution brought for the violation of this Act.
SB0565 Engrossed - 16 - LRB094 10891 LJB 41439 b (Source:
P.A.
92-457, eff.
7-1-04;
93-683, eff.
7-2-04.) (225 ILCS 450/27) (from Ch.
111, par.
5533) (Section scheduled to be repealed on January 1, 2014) Sec.
27.
A licensed or registered certified public accountant shall not be required by any court to divulge information or evidence which has been obtained by him in his confidential capacity as a licensed or registered certified public accountant.
This Section shall not apply to any investigation or hearing undertaken pursuant to this Act.
(Source:
P.A.
92-457, eff.
7-1-04.) Section 99.
⬇ Download PDF
View plain text versions (2)

Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Assigned to Executive Committee

  4. Referred to Rules Committee

  5. First Reading

  6. Chief House Sponsor Rep. Frank J. Mautino

  7. Placed on Calendar Order of First Reading

  8. Arrived in House

  9. Third Reading - Passed; 056-000-000

  10. Placed on Calendar Order of 3rd Reading

  11. Senate Floor Amendment No. 2 Adopted; Viverito

  12. Recalled to Second Reading

  13. Senate Floor Amendment No. 2 Recommend Do Adopt Licensed Activities; 006-000-000

  14. Senate Floor Amendment No. 2 Rules Refers to Licensed Activities

  15. Senate Floor Amendment No. 2 Referred to Rules

  16. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Louis S. Viverito

  17. Placed on Calendar Order of 3rd Reading March 16, 2005

  18. Second Reading

  19. Placed on Calendar Order of 2nd Reading March 8, 2005

  20. Do Pass as Amended Licensed Activities; 009-000-000

  21. Senate Committee Amendment No. 1 Adopted

  22. Senate Committee Amendment No. 1 Rules Refers to Licensed Activities

  23. Senate Committee Amendment No. 1 Referred to Rules

  24. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Louis S. Viverito

  25. Assigned to Licensed Activities

  26. Referred to Rules

  27. First Reading

  28. Filed with Secretary by Sen. Louis S. Viverito

Sponsors

  • Louis S. Viverito · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Louis S. Viverito

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 50003
Democrat 5000
Republican 1000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Shadid — Yea
Sieben — Yea
Silverstein — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Clayborne — Yea
Geo-Karis — Yea
Halvorson — Yea
Meeks — Yea
Pankau — Yea
Peterson — Yea
Schoenberg — Yea
Munoz — Yea
Brady — Yea
Sullivan, D. — Yea
Sullivan, J. — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Lauzen — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Link — Yea
Demuzio — Yea
Maloney — Yea
Petka — Not Voting
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Wojcik — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Not Voting
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Not Voting
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 565 do?
Amends the Illinois Public Accounting Act. Provides a definition of "Peer Review Administrator". Requires firms and sole practitioners providing accounting services under the Act to undergo a peer review as a condition of renewing a license unless an exemption applies. Allows the Department of Financial and Professional Regulation to adopt rules. Provides penalties for failure to comply with remedial actions determined appropriate by the Peer Review Administrator. Requires the firm or sole practitioner to pay for the costs of the peer review. Provides that the peer review proceedings, records, reports, and other documents are privileged and provides exceptions to the privilege. Provides for the peer review year of combined or divided firms or sole practitioners. Grants civil immunity except for reckless or willful misconduct. Effective immediately.
Who sponsors SB 565?
SB 565 is sponsored by Louis S. Viverito.
What is the current status of SB 565?
This bill died with 94th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 565?
Track SB 565 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 565

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 565

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →