Text: S05086                            Text: S05088
Text: S05000 - S05099                   Text: S Index
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Senate Amendment 5087

Amendment Text

PAG LIN
  1  1    Amend Senate File 2415 as follows:
  1  2    #1.  Page 5, line 35, by inserting after the word
  1  3 "public." the following:  "A certified or licensed
  1  4 member of the board shall be actively engaged in
  1  5 practice as a certified public accountant or as an
  1  6 accounting practitioner and shall have been so engaged
  1  7 for five years preceding appointment, the last two of
  1  8 which shall have been in this state."
  1  9    #2.  Page 6, by striking lines 29 through 33 and
  1 10 inserting the following:  "places as may be fixed by
  1 11 the board.  A majority of".
  1 12    #3.  Page 8, by striking lines 5 through 12 and
  1 13 inserting the following:
  1 14    "6.  The administrator of the professional
  1 15 licensing and regulation division of the department of
  1 16 commerce shall provide staffing assistance to the
  1 17 board for implementing this chapter."
  1 18    #4.  By striking page 8, line 31, through page 9,
  1 19 line 2, and inserting the following:  "evidence."
  1 20    #5.  Page 9, by inserting after line 24 the
  1 21 following:
  1 22    "   .  Rules relating to the propriety of opinions
  1 23 on financial statements by a certified public
  1 24 accountant who is not independent.
  1 25       .  Rules relating to actions discreditable to
  1 26 the practice as a certified public accountant or
  1 27 accounting practitioner.
  1 28       .  Rules relating to professional confidences
  1 29 between a certified public accountant or accounting
  1 30 practitioner and a client.
  1 31       .  Rules governing technical competence and the
  1 32 expression of opinions on financial statements.
  1 33       .  Rules governing the failure to disclose a
  1 34 material fact known to the certified public accountant
  1 35 or accounting practitioner.
  1 36       .  Rules relating to a material misstatement
  1 37 known to the certified public accountant or accounting
  1 38 practitioner.
  1 39       .  Rules governing negligent conduct in an
  1 40 examination or in making a report on an examination.
  1 41       .  Rules governing failure to direct attention
  1 42 to any material departure from generally accepted
  1 43 accounting principles."
  1 44    #6.  Page 10, by striking lines 11 through 28 and
  1 45 inserting the following:
  1 46    "1.  A certificate as a certified public accountant
  1 47 may be granted to a person of good moral character who
  1 48 makes application pursuant to section 542D.6 and who
  1 49 satisfies the education, experience, and examination
  1 50 requirements of this section.
  2  1    2.  An applicant for a certificate who has been
  2  2 convicted of forgery, embezzlement, obtaining money
  2  3 under false pretenses, theft, extortion, conspiracy to
  2  4 defraud, or other similar offense, or of any crime
  2  5 involving moral character or honesty, in a court of
  2  6 competent jurisdiction in this state, or another
  2  7 state, territory, or a district of the United States,
  2  8 or in a foreign jurisdiction, may be denied a
  2  9 certificate by the board on the grounds of the
  2 10 conviction.  For purposes of this subsection,
  2 11 "conviction" means a conviction for an indictable
  2 12 offense and includes a guilty plea, deferred judgment
  2 13 from the time of entry of the deferred judgment until
  2 14 the time the defendant is discharged by the court
  2 15 without entry of judgment, or other finding of guilt
  2 16 by a court of competent jurisdiction.
  2 17    2A.  An applicant for a certificate who has had a
  2 18 professional license of any kind revoked in this or
  2 19 any other jurisdiction may be denied a certificate by
  2 20 the board on the grounds of the revocation.
  2 21    2B.  A person who makes a false statement of
  2 22 material fact on an application for a certificate, or
  2 23 who causes to be submitted, or has been a party to
  2 24 preparing or submitting a false application for a
  2 25 certificate, may be denied a certificate by the board
  2 26 on the grounds of the false statement or submission.
  2 27 A certificate holder found to have made such a false
  2 28 statement or who has caused to be submitted, or was a
  2 29 party to preparing or submitting any false application
  2 30 for a certificate, may have the holder's certificate
  2 31 suspended or revoked by the board on the grounds of
  2 32 the false statement or submission.
  2 33    2C.  A certified public accountant shall notify the
  2 34 board of such accountant's conviction of an offense
  2 35 included in subsection 2, within sixty days of such
  2 36 conviction.  Failure of the certified public
  2 37 accountant to notify the board of the conviction
  2 38 within sixty days of the date of the conviction is
  2 39 sufficient grounds for revocation of the certificate.
  2 40    2D.  The board, when considering the denial or
  2 41 revocation of a certificate pursuant to this section,
  2 42 shall consider the nature of the offense; any
  2 43 aggravating or extenuating circumstances which are
  2 44 documented; the time lapsed since the revocation,
  2 45 conduct, or conviction; the rehabilitation, treatment,
  2 46 or restitution performed by the applicant or
  2 47 certificate holder; and any other factors the board
  2 48 deems relevant.  Character references may be required,
  2 49 but shall not be obtained from certified public
  2 50 accountants.  An applicant shall not be denied a
  3  1 certificate because of age, citizenship, race,
  3  2 religion, marital status, or national origin, although
  3  3 the application may require citizenship information."
  3  4    #7.  Page 13, line 33, by striking the word
  3  5 "thirty" and inserting the following:  "sixty".
  3  6    #8.  Page 18, line 1, by striking the word "thirty"
  3  7 and inserting the following:  "sixty".
  3  8    #9.  Page 25, line 10, by striking the figure
  3  9 "542D.14" and inserting the following:  "542D.13".
  3 10    #10.  Page 33, line 10, by striking the words ", by
  3 11 order," and inserting the following:  "may issue an
  3 12 order to require compliance with section 542D.15 and".
  3 13    #11.  Page 34, line 9, by striking the word "shall"
  3 14 and inserting the following:  "may".
  3 15    #12.  Page 36, line 33, by inserting after the word
  3 16 "the" the following:  "board or the".
  3 17    #13.  Page 37, line 2, by inserting after the word
  3 18 "chapter" the following:  ", except as to those
  3 19 jurisdictions found not to be substantially equivalent
  3 20 by the board,".
  3 21    #14.  Page 37, line 9, by inserting after the word
  3 22 "section" the following:  "and remit the fee set by
  3 23 the board".
  3 24    #15.  Page 37, line 21, by inserting after the word
  3 25 "from" the following:  "the board or".
  3 26    #16.  Page 37, line 23, by inserting after the word
  3 27 "verification" the following:  ", subject to the
  3 28 board's review and approval,".
  3 29    #17.  Page 37, line 28, by inserting after the word
  3 30 "section" the following:  "and remit the fee set by
  3 31 the board".
  3 32    #18.  By renumbering as necessary.  
  3 33 
  3 34 
  3 35                               
  3 36 JEFF LAMBERTI
  3 37 SF 2415.1
  3 38 mj/cc/26
     

Text: S05086                            Text: S05088
Text: S05000 - S05099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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