HB5674 EngrossedLRB098 16200 ZMM 51259 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Clinical Psychologist Licensing Act is
5amended by changing Section 3 and by adding Section 24.2 as
6follows:
 
7    (225 ILCS 15/3)  (from Ch. 111, par. 5353)
8    (Section scheduled to be repealed on January 1, 2017)
9    Sec. 3. Necessity of license; corporations, limited
10liability companies, partnerships, and associations; display
11of license.
12    (a) No individual, partnership, association or corporation
13shall, without a valid license as a clinical psychologist
14issued by the Department, in any manner hold himself or herself
15out to the public as a psychologist or clinical psychologist
16under the provisions of this Act or render or offer to render
17clinical psychological services as defined in paragraph 7 of
18Section 2 of this Act; or attach the title "clinical
19psychologist", "psychologist" or any other name or designation
20which would in any way imply that he or she is able to practice
21as a clinical psychologist; or offer to render or render, to
22individuals, corporations or the public, clinical
23psychological services as defined in paragraph 7 of Section 2

 

 

HB5674 Engrossed- 2 -LRB098 16200 ZMM 51259 b

1of this Act.
2    No person may engage in the practice of clinical
3psychology, as defined in paragraph (5) of Section 2 of this
4Act, without a license granted under this Act, except as
5otherwise provided in this Act.
6    (b) No association or partnership shall be granted a
7license and no limited liability company shall provide, attempt
8to provide, or offer to provide clinical psychological services
9unless every member, partner, and employee of the association,
10or partnership, or limited liability company who renders
11clinical psychological services holds a currently valid
12license issued under this Act. No license shall be issued by
13the Department to a corporation that (i) has a stated purpose
14that includes clinical psychology, or (ii) practices or holds
15itself out as available to practice clinical psychology, unless
16it is organized under the Professional Service Corporation Act.
17    (c) Individuals, corporations, limited liability
18companies, partnerships, and associations may employ practicum
19students, interns or postdoctoral candidates seeking to
20fulfill educational requirements or the professional
21experience requirements needed to qualify for a license as a
22clinical psychologist to assist in the rendering of services,
23provided that such employees function under the direct
24supervision, order, control and full professional
25responsibility of a licensed clinical psychologist in the
26corporation, limited liability company, partnership, or

 

 

HB5674 Engrossed- 3 -LRB098 16200 ZMM 51259 b

1association. Nothing in this paragraph shall prohibit a
2corporation, limited liability company, partnership, or
3association from contracting with a licensed health care
4professional to provide services.
5    (d) Nothing in this Act shall prevent the employment, by a
6clinical psychologist, individual, association, partnership,
7limited liability company, or a corporation furnishing
8clinical psychological services for remuneration, of persons
9not licensed as clinical psychologists under the provisions of
10this Act to perform services in various capacities as needed,
11provided that such persons are not in any manner held out to
12the public as rendering clinical psychological services as
13defined in paragraph 7 of Section 2 of this Act. Nothing
14contained in this Act shall require any hospital, clinic, home
15health agency, hospice, or other entity that provides health
16care services to employ or to contract with a clinical
17psychologist licensed under this Act to perform any of the
18activities under paragraph (5) of Section 2 of this Act.
19    (e) Nothing in this Act shall be construed to limit the
20services and use of official title on the part of a person, not
21licensed under the provisions of this Act, in the employ of a
22State, county or municipal agency or other political
23subdivision insofar that such services are a part of the duties
24in his or her salaried position, and insofar that such services
25are performed solely on behalf of his or her employer.
26    Nothing contained in this Section shall be construed as

 

 

HB5674 Engrossed- 4 -LRB098 16200 ZMM 51259 b

1permitting such person to offer their services as psychologists
2to any other persons and to accept remuneration for such
3psychological services other than as specifically excepted
4herein, unless they have been licensed under the provisions of
5this Act.
6    (f) Duly recognized members of any bonafide religious
7denomination shall not be restricted from functioning in their
8ministerial capacity provided they do not represent themselves
9as being clinical psychologists or providing clinical
10psychological services.
11    (g) Nothing in this Act shall prohibit individuals not
12licensed under the provisions of this Act who work in self-help
13groups or programs or not-for-profit organizations from
14providing services in those groups, programs, or
15organizations, provided that such persons are not in any manner
16held out to the public as rendering clinical psychological
17services as defined in paragraph 7 of Section 2 of this Act.
18    (h) Nothing in this Act shall be construed to prevent a
19person from practicing hypnosis without a license issued under
20this Act provided that the person (1) does not otherwise engage
21in the practice of clinical psychology including, but not
22limited to, the independent evaluation, classification, and
23treatment of mental, emotional, behavioral, or nervous
24disorders or conditions, developmental disabilities,
25alcoholism and substance abuse, disorders of habit or conduct,
26the psychological aspects of physical illness, (2) does not

 

 

HB5674 Engrossed- 5 -LRB098 16200 ZMM 51259 b

1otherwise engage in the practice of medicine including, but not
2limited to, the diagnosis or treatment of physical or mental
3ailments or conditions, and (3) does not hold himself or
4herself out to the public by a title or description stating or
5implying that the individual is a clinical psychologist or is
6licensed to practice clinical psychology.
7    (i) Every licensee under this Act shall prominently display
8the license at the licensee's principal office, place of
9business, or place of employment and, whenever requested by any
10representative of the Department, must exhibit the license.
11(Source: P.A. 94-870, eff. 6-16-06.)
 
12    (225 ILCS 15/24.2 new)
13    Sec. 24.2. Confidentiality. All information collected by
14the Department in the course of an examination or investigation
15of a licensee or applicant, including, but not limited to, any
16complaint against a licensee filed with the Department and
17information collected to investigate any such complaint, shall
18be maintained for the confidential use of the Department and
19shall not be disclosed. The Department may not disclose the
20information to anyone other than law enforcement officials,
21other regulatory agencies that have an appropriate regulatory
22interest as determined by the Secretary, or a party presenting
23a lawful subpoena to the Department. Information and documents
24disclosed to a federal, State, county, or local law enforcement
25agency shall not be disclosed by the agency for any purpose to

 

 

HB5674 Engrossed- 6 -LRB098 16200 ZMM 51259 b

1any other agency or person. A formal complaint filed against a
2licensee by the Department or any order issued by the
3Department against a licensee or applicant shall be a public
4record, except as otherwise prohibited by law.
 
5    Section 10. The Clinical Social Work and Social Work
6Practice Act is amended by changing Section 10 and by adding
7Section 34.1 as follows:
 
8    (225 ILCS 20/10)  (from Ch. 111, par. 6360)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 10. License restrictions and limitations.
11    (a) No person shall, without a license as a social worker
12issued by the Department: (i) in any manner hold himself or
13herself out to the public as a social worker under this Act;
14(ii) use the title "social worker" or "licensed social worker";
15or (iii) offer to render to individuals, corporations, or the
16public social work services if the words "social work" or
17"licensed social worker" are used to describe the person
18offering to render or rendering the services or to describe the
19services rendered or offered to be rendered.
20    (b) No person shall, without a license as a clinical social
21worker issued by the Department: (i) in any manner hold himself
22or herself out to the public as a clinical social worker or
23licensed clinical social worker under this Act; (ii) use the
24title "clinical social worker" or "licensed clinical social

 

 

HB5674 Engrossed- 7 -LRB098 16200 ZMM 51259 b

1worker"; or (iii) offer to render to individuals, corporations,
2or the public clinical social work services if the words
3"licensed clinical social worker" or "clinical social work" are
4used to describe the person to render or rendering the services
5or to describe the services rendered or offered to be rendered.
6    (c) Licensed social workers may not engage in independent
7practice of clinical social work without a clinical social
8worker license. In independent practice, a licensed social
9worker shall practice at all times under the order, control,
10and full professional responsibility of a licensed clinical
11social worker, a licensed clinical psychologist, or a
12psychiatrist, as defined in Section 1-121 of the Mental Health
13and Developmental Disabilities Code.
14    (d) No association, or partnership, or limited liability
15company shall provide, attempt to provide, or offer to provide
16social work or clinical social work services be granted a
17license unless every member, partner, and employee of the
18association, or partnership, or limited liability company who
19practices social work or clinical social work, or who renders
20social work or clinical social work services, holds a current
21license issued under this Act. No license shall be issued to a
22corporation shall provide, attempt to provide, or offer to
23provide social work or clinical social work services , the
24stated purpose of which includes or that practices or holds
25itself out as available to practice social work or clinical
26social work unless it is organized under the Professional

 

 

HB5674 Engrossed- 8 -LRB098 16200 ZMM 51259 b

1Service Corporation Act.
2(Source: P.A. 90-150, eff. 12-30-97.)
 
3    (225 ILCS 20/34.1 new)
4    Sec. 34.1. Confidentiality. All information collected by
5the Department in the course of an examination or investigation
6of a licensee or applicant, including, but not limited to, any
7complaint against a licensee filed with the Department and
8information collected to investigate any such complaint, shall
9be maintained for the confidential use of the Department and
10shall not be disclosed. The Department may not disclose the
11information to anyone other than law enforcement officials,
12other regulatory agencies that have an appropriate regulatory
13interest as determined by the Secretary, or a party presenting
14a lawful subpoena to the Department. Information and documents
15disclosed to a federal, State, county, or local law enforcement
16agency shall not be disclosed by the agency for any purpose to
17any other agency or person. A formal complaint filed against a
18licensee by the Department or any order issued by the
19Department against a licensee or applicant shall be a public
20record, except as otherwise prohibited by law.
 
21    (225 ILCS 20/18 rep.)
22    Section 15. The Clinical Social Work and Social Work
23Practice Act is amended by repealing Section 18.
 

 

 

HB5674 Engrossed- 9 -LRB098 16200 ZMM 51259 b

1    Section 20. The Marriage and Family Therapy Licensing Act
2is amended by changing Section 75 and by adding Section 156 as
3follows:
 
4    (225 ILCS 55/75)  (from Ch. 111, par. 8351-75)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 75. License restrictions and limitations. Practice by
7corporations. No association, partnership, or limited
8liability company shall provide, attempt to provide, or offer
9to provide marriage and family therapy services unless every
10member, partner, and employee of the association, partnership,
11or limited liability company, who practices marriage and family
12therapy or who renders marriage and family therapy services
13holds a current license issued under this Act. No license shall
14be issued by the Department to any corporation shall provide,
15attempt to provide, or offer to provide (i) that has a stated
16purpose that includes, or (ii) that practices or holds itself
17out as available to practice, marriage and family therapy
18services, unless it is organized under the Professional Service
19Corporation Act.
20(Source: P.A. 87-783.)
 
21    (225 ILCS 55/156 new)
22    Sec. 156. Confidentiality. All information collected by
23the Department in the course of an examination or investigation
24of a licensee or applicant, including, but not limited to, any

 

 

HB5674 Engrossed- 10 -LRB098 16200 ZMM 51259 b

1complaint against a licensee filed with the Department and
2information collected to investigate any such complaint, shall
3be maintained for the confidential use of the Department and
4shall not be disclosed. The Department may not disclose the
5information to anyone other than law enforcement officials,
6other regulatory agencies that have an appropriate regulatory
7interest as determined by the Secretary, or a party presenting
8a lawful subpoena to the Department. Information and documents
9disclosed to a federal, State, county, or local law enforcement
10agency shall not be disclosed by the agency for any purpose to
11any other agency or person. A formal complaint filed against a
12licensee by the Department or any order issued by the
13Department against a licensee or applicant shall be a public
14record, except as otherwise prohibited by law.
 
15    Section 25. The Professional Counselor and Clinical
16Professional Counselor Licensing and Practice Act is amended by
17changing Section 20 as follows:
 
18    (225 ILCS 107/20)
19    (Section scheduled to be repealed on January 1, 2023)
20    Sec. 20. Restrictions and limitations.
21    (a) No person shall, without a valid license as a
22professional counselor issued by the Department: (i) in any
23manner hold himself or herself out to the public as a
24professional counselor under this Act; (ii) attach the title

 

 

HB5674 Engrossed- 11 -LRB098 16200 ZMM 51259 b

1"professional counselor" or "licensed professional counselor";
2or (iii) offer to render or render to individuals,
3corporations, or the public professional counseling services.
4    (b) No person shall, without a valid license as a clinical
5professional counselor issued by the Department: (i) in any
6manner hold himself or herself out to the public as a clinical
7professional counselor or licensed clinical professional
8counselor under this Act; (ii) attach the title "clinical
9professional counselor" or "licensed clinical professional
10counselor"; or (iii) offer to render to individuals,
11corporations, or the public clinical professional counseling
12services.
13    (c) (Blank).
14    (d) No association, limited liability company, or
15partnership shall provide, attempt to provide, or offer to
16provide practice clinical professional counseling or
17professional counseling services unless every member, partner,
18and employee of the association, limited liability company, or
19partnership who practices professional counseling or clinical
20professional counseling, or who renders professional
21counseling or clinical professional counseling services, holds
22a currently valid license issued under this Act. No license
23shall be issued to a corporation shall provide, attempt to
24provide, or offer to provide , the stated purpose of which
25includes or which practices or which holds itself out as
26available to practice professional counseling or clinical

 

 

HB5674 Engrossed- 12 -LRB098 16200 ZMM 51259 b

1professional counseling services unless it is organized under
2the Professional Service Corporation Act.
3    (e) Nothing in this Act shall be construed as permitting
4persons licensed as professional counselors or clinical
5professional counselors to engage in any manner in the practice
6of medicine in all its branches as defined by law in this
7State.
8    (f) When, in the course of providing professional
9counseling or clinical professional counseling services to any
10person, a professional counselor or clinical professional
11counselor licensed under this Act finds indication of a disease
12or condition that in his or her professional judgment requires
13professional service outside the scope of practice as defined
14in this Act, he or she shall refer that person to a physician
15licensed to practice medicine in all of its branches or another
16appropriate health care practitioner.
17(Source: P.A. 97-706, eff. 6-25-12.)
 
18    Section 30. The Professional Service Corporation Act is
19amended by changing Sections 2, 3.1, 3.2, 3.6, 12, 12.1, and 13
20and by adding Sections 13.5 and 15.5 as follows:
 
21    (805 ILCS 10/2)  (from Ch. 32, par. 415-2)
22    Sec. 2. It is the legislative intent to provide for the
23incorporation of an individual or group of individuals to
24render the same professional service or related professional

 

 

HB5674 Engrossed- 13 -LRB098 16200 ZMM 51259 b

1services to the public for which such individuals are required
2by law to be licensed or to obtain other legal authorization,
3while preserving the established professional aspects of the
4personal relationship between the professional person and
5those he or she serves professionally.
6(Source: P.A. 78-783.)
 
7    (805 ILCS 10/3.1)  (from Ch. 32, par. 415-3.1)
8    Sec. 3.1. "Ancillary personnel" means such person acting in
9their customary capacities, employed by those rendering a
10professional service who:
11    (1) Are not licensed to engage in the category of
12professional service for which a professional corporation was
13formed; and
14    (2) Work at the direction or under the supervision of those
15who are so licensed; and
16    (3) Do not hold themselves out to the public generally as
17being authorized to engage in the practice of the profession
18for which the corporation is licensed; and
19    (4) Are not prohibited by the regulating licensing
20authority, regulating the category of professional service
21rendered by the corporation from being so employed and includes
22clerks, secretaries, technicians and other assistants who are
23not usually and ordinarily considered by custom and practice to
24be rendering the professional services for which the
25corporation was formed.

 

 

HB5674 Engrossed- 14 -LRB098 16200 ZMM 51259 b

1(Source: P.A. 77-565.)
 
2    (805 ILCS 10/3.2)  (from Ch. 32, par. 415-3.2)
3    Sec. 3.2. "Regulating authority" means the State board,
4department, agency or the Supreme Court of Illinois (in the
5case of attorneys at law), the Department of Financial and
6Professional Regulation, or other State board, department, or
7agency having jurisdiction to grant a license to render the
8category of professional service for which a professional
9corporation has been organized, or the United States Patent
10Office, or the Internal Revenue Service of the United States
11Treasury Department.
12(Source: P.A. 78-561.)
 
13    (805 ILCS 10/3.6)  (from Ch. 32, par. 415-3.6)
14    Sec. 3.6. "Related professions" and "related professional
15services" mean more than one personal service which requires as
16a condition precedent to the rendering thereof the obtaining of
17a license and which prior to October 1, 1973 could not be
18performed by a corporation by reason of law; provided, however,
19that these terms shall be restricted to:
20        (1) a combination of 2 two or more of the following
21    personal services: (a) "architecture" as defined in
22    Section 5 of the Illinois Architecture Practice Act of
23    1989, (b) "professional engineering" as defined in Section
24    4 of the Professional Engineering Practice Act of 1989, (c)

 

 

HB5674 Engrossed- 15 -LRB098 16200 ZMM 51259 b

1    "structural engineering" as defined in Section 5 of the
2    Structural Engineering Practice Act of 1989, (d) "land
3    surveying" as defined in Section 2 of the Illinois
4    Professional Land Surveyor Act of 1989; or
5        (2) a combination of the following personal services:
6    (a) the practice of medicine by persons licensed under the
7    Medical Practice Act of 1987, (b) the practice of podiatry
8    as defined in Section 5 of the Podiatric Medical Practice
9    Act of 1987, (c) the practice of dentistry as defined in
10    the Illinois Dental Practice Act, (d) the practice of
11    optometry as defined in the Illinois Optometric Practice
12    Act of 1987.
13        (3) a combination of 2 or more of the following
14    personal services: (a) the practice of clinical psychology
15    by persons licensed under the Clinical Psychologist
16    Licensing Act, (b) the practice of social work or clinical
17    social work by persons licensed under the Clinical Social
18    Work and Social Work Practice Act, (c) the practice of
19    marriage and family therapy by persons licensed under the
20    Marriage and Family Therapy Licensing Act, (d) the practice
21    of professional counseling or clinical professional
22    counseling by persons licensed under the Professional
23    Counselor and Clinical Professional Counselor Licensing
24    and Practice Act, and (e) the practice of sex offender
25    evaluations by persons licensed under the Sex Offender
26    Evaluation and Treatment Provider Act.

 

 

HB5674 Engrossed- 16 -LRB098 16200 ZMM 51259 b

1        (4) a combination of 2 or more of the following
2    personal services: (a) the practice of acupuncture by
3    persons licensed under the Acupuncture Practice Act, (b)
4    the practice of massage by persons licensed under the
5    Massage Licensing Act, (c) the practice of naprapathy by
6    persons licensed under the Naprapathic Practice Act, (d)
7    the practice of occupational therapy by persons licensed
8    under the Illinois Occupational Therapy Practice Act, and
9    (e) the practice of physical therapy by persons licensed
10    under the Illinois Physical Therapy Act.
11(Source: P.A. 95-738, eff. 1-1-09.)
 
12    (805 ILCS 10/12)  (from Ch. 32, par. 415-12)
13    Sec. 12. (a) No corporation shall open, operate or maintain
14an establishment for any of the purposes for which a
15corporation may be organized under this Act without a
16certificate of registration from the regulating authority
17authorized by law to license individuals to engage in the
18profession or related professions concerned. Application for
19such registration shall be made in writing, and shall contain
20the name and address of the corporation, and such other
21information as may be required by the regulating authority.
22Upon receipt of such application, the regulating authority, or
23some administrative agency of government designated by it,
24shall make an investigation of the corporation. If the
25regulating authority is the Supreme Court it may designate the

 

 

HB5674 Engrossed- 17 -LRB098 16200 ZMM 51259 b

1bar or legal association which investigates and prefers charges
2against lawyers to it for disciplining. If such authority finds
3that the incorporators, officers, directors and shareholders
4are each licensed pursuant to the laws of Illinois to engage in
5the particular profession or related professions involved
6(except that the secretary of the corporation need not be so
7licensed), and if no disciplinary action is pending before it
8against any of them, and if it appears that the corporation
9will be conducted in compliance with the law and the
10regulations and rules of the regulating authority, such
11authority, shall issue, upon payment of a registration fee of
12$50, a certificate of registration.
13    A separate application shall be submitted for each business
14location in Illinois. If the corporation is using more than one
15fictitious or assumed name and has an address different from
16that of the parent company, a separate application shall be
17submitted for each fictitious or assumed name.
18    Upon written application of the holder, the regulating
19authority which originally issued the certificate of
20registration shall renew the certificate if it finds that the
21corporation has complied with its regulations and the
22provisions of this Act.
23    The fee for the renewal of a certificate of registration
24shall be calculated at the rate of $40 per year.
25    The certificate of registration shall be conspicuously
26posted upon the premises to which it is applicable, and the

 

 

HB5674 Engrossed- 18 -LRB098 16200 ZMM 51259 b

1professional corporation shall have only those offices which
2are designated by street address in the articles of
3incorporation, or as changed by amendment of such articles. No
4certificate of registration shall be assignable.
5    (b) Moneys collected under this Section from a professional
6corporation organized to practice law shall be deposited into
7the Supreme Court Special Purposes Fund.
8    (c) After the effective date of this amendatory Act of the
998th General Assembly, the amount of any fee collected under
10this Section from a professional corporation organized to
11practice law may be set by Supreme Court rule, except that the
12amount of the fees shall remain as set by statute until the
13Supreme Court adopts rules specifying a higher or lower fee
14amount.
15(Source: P.A. 98-324, eff. 10-1-13.)
 
16    (805 ILCS 10/12.1)  (from Ch. 32, par. 415-12.1)
17    Sec. 12.1. Any corporation which on 2 occasions issues or
18delivers a check or other order to the Department of Financial
19and Professional Regulation which is not honored by the
20financial institution upon which it is drawn because of
21insufficient funds on account, shall pay to the Department, in
22addition to the amount owing upon such check or other order, a
23fee of $50. If such check or other order was issued or
24delivered in payment of a renewal fee and the corporation whose
25certificate of registration has lapsed continues to practice as

 

 

HB5674 Engrossed- 19 -LRB098 16200 ZMM 51259 b

1a corporation without paying the renewal fee and the $50 fee
2required under this Section, an additional fee of $100 shall be
3imposed for practicing without a current license. The
4Department shall notify the corporation whose certificate of
5registration has lapsed, within 30 days after the discovery by
6the Department that such corporation is operating without a
7current certificate, that the corporation is operating without
8a certificate, and of the amount due to the Department, which
9shall include the lapsed renewal fee and all other fees
10required by this Section. If after the expiration of 30 days
11from the date of such notification, the corporation whose
12certificate has lapsed seeks a current certificate, it shall
13thereafter apply to the Department for reinstatement of the
14certificate and pay all fees due to the Department. The
15Department may establish a fee for the processing of an
16application for reinstatement of a certificate which allows the
17Department to pay all costs and expenses incident to the
18processing of this application. The Director may waive the fees
19due under this Section in individual cases where he finds that
20in the particular case such fees would be unreasonable or
21unnecessarily burdensome.
22(Source: P.A. 85-1209.)
 
23    (805 ILCS 10/13)  (from Ch. 32, par. 415-13)
24    Sec. 13. The regulating authority which issued the
25certificate of registration may suspend or revoke the

 

 

HB5674 Engrossed- 20 -LRB098 16200 ZMM 51259 b

1certificate or may otherwise discipline the certificate holder
2it for any of the following reasons:
3    (a) The revocation or suspension of the license to practice
4the profession of any officer, director, shareholder or
5employee not promptly removed or discharged by the corporation;
6(b) unethical professional conduct on the part of any officer,
7director, shareholder or employee not promptly removed or
8discharged by the corporation; (c) the death of the last
9remaining shareholder; (d) upon finding that the holder of a
10certificate has failed to comply with the provisions of this
11Act or the regulations prescribed by the regulating authority
12that issued it; or (e) the failure to file a return, or to pay
13the tax, penalty or interest shown in a filed return, or to pay
14any final assessment of tax, penalty or interest, as required
15by any tax Act administered by the Illinois Department of
16Revenue, until such time as the requirements of any such tax
17Act are satisfied.
18    Before any certificate of registration is suspended or
19revoked, the holder shall be given written notice of the
20proposed action and the reasons therefor, and shall provide a
21public hearing by the regulating authority, with the right to
22produce testimony and other evidence concerning the charges
23made. The notice shall also state the place and date of the
24hearing which shall be at least 10 days after service of said
25notice.
26    All orders of regulating authorities denying an

 

 

HB5674 Engrossed- 21 -LRB098 16200 ZMM 51259 b

1application for a certificate of registration, or suspending or
2revoking a certificate of registration, or imposing a civil
3penalty shall be subject to judicial review pursuant to the
4provisions of the Administrative Review Law, as now or
5hereafter amended, and the rules adopted pursuant thereto then
6in force.
7    The proceedings for judicial review shall be commenced in
8the circuit court of the county in which the party applying for
9review is located. If the party is not currently located in
10Illinois, the venue shall be in Sangamon County. The regulating
11authority shall not be required to certify any record to the
12court or file any answer in court or otherwise appear in any
13court in a judicial review proceeding, unless and until the
14regulating authority has received from the plaintiff payment of
15the costs of furnishing and certifying the record, which costs
16shall be determined by the regulating authority. Exhibits shall
17be certified without cost. Failure on the part of the plaintiff
18to file a receipt in court is grounds for dismissal of the
19action.
20(Source: P.A. 85-1222.)
 
21    (805 ILCS 10/13.5 new)
22    Sec. 13.5. Notice of violation. Whenever the regulating
23authority has reason to believe a corporation has opened,
24operated, or maintained an establishment for any of the
25purposes for which a corporation may be organized under this

 

 

HB5674 Engrossed- 22 -LRB098 16200 ZMM 51259 b

1Act without a certificate of registration from the regulating
2authority authorized by law to license individuals to engage in
3the profession or related professions, the regulating
4authority may issue a notice of violation to the corporation.
5The notice of violation shall provide a period of 30 days from
6the date of the notice to either file an answer to the
7satisfaction of the regulating authority or submit an
8application for registration in compliance with this Act,
9including payment of the $50 application fee and a late fee of
10$100 for each year that the corporation opened, operated, or
11maintained an establishment for any of the purposes for which a
12corporation may be organized under this Act without having been
13issued a certificate of registration, with a maximum late fee
14of $500. If the corporation that is the subject of the notice
15of violation fails to respond, fails to respond to the
16satisfaction of the regulating authority, or fails to submit an
17application for registration, the regulating authority may
18institute disciplinary proceedings against the corporation and
19may impose a civil penalty up to $10,000 for violation of this
20Act after affording the corporation a hearing in conformance
21with the requirements of this Act.
 
22    (805 ILCS 10/15.5 new)
23    Sec. 15.5. Confidentiality. All information collected by
24the regulating authority in the course of an examination or
25investigation of a holder of a certificate of registration or

 

 

HB5674 Engrossed- 23 -LRB098 16200 ZMM 51259 b

1an applicant, including, but not limited to, any complaint
2against a holder of a certificate of registration filed with
3the regulating authority and information collected to
4investigate any such complaint, shall be maintained for the
5confidential use of the regulating authority and shall not be
6disclosed. The regulating authority may not disclose the
7information to anyone other than law enforcement officials,
8other regulatory agencies that have an appropriate regulatory
9interest as determined by the regulating authority, or a party
10presenting a lawful subpoena to the regulating authority.
11Information and documents disclosed to a federal, State,
12county, or local law enforcement agency shall not be disclosed
13by the agency for any purpose to any other agency or person. A
14formal complaint filed against a holder of a certificate of
15registration by the regulating authority or any order issued by
16the regulating authority against a holder of a certificate of
17registration or an applicant shall be a public record, except
18as otherwise prohibited by law.
 
19    Section 35. The Medical Corporation Act is amended by
20changing Sections 2, 5, 5.1, 8, 10, 11, 12, 13, and 15 and by
21adding Sections 13.5 and 16.5 as follows:
 
22    (805 ILCS 15/2)  (from Ch. 32, par. 632)
23    Sec. 2. One or more persons licensed pursuant to the
24Medical Practice Act of 1987, as heretofore or hereafter

 

 

HB5674 Engrossed- 24 -LRB098 16200 ZMM 51259 b

1amended, may form a corporation pursuant to the "Business
2Corporation Act of 1983", as amended, to own, operate and
3maintain an establishment for the study, diagnosis and
4treatment of human ailments and injuries, whether physical or
5mental, and to promote medical, surgical and scientific
6research and knowledge; provided that medical or surgical
7treatment, consultation or advice may be given by shareholders,
8directors, officers, agents, and employees of the corporation
9only if they are licensed pursuant to the Medical Practice Act
10of 1987; and provided further, however, that nothing herein
11shall prohibit an attorney licensed to practice law in Illinois
12from signing and acting as initial incorporator on behalf of
13such corporation.
14(Source: P.A. 85-1209.)
 
15    (805 ILCS 15/5)  (from Ch. 32, par. 635)
16    Sec. 5. No corporation shall open, operate or maintain an
17establishment for any of the purposes set forth in Section 2 of
18this Act without a certificate of registration from the
19Department of Financial and Professional Regulation,
20hereinafter called the Department. Application for such
21registration shall be made to the Department in writing and
22shall contain the name and address of the corporation and such
23other information as may be required by the Department. A
24separate application shall be submitted for each business
25location in Illinois. If the corporation is using more than one

 

 

HB5674 Engrossed- 25 -LRB098 16200 ZMM 51259 b

1fictitious or assumed name and has an address different from
2that of the parent company, a separate application shall be
3submitted for each fictitious or assumed name. Upon receipt of
4such application, the Department shall make an investigation of
5the corporation. If the Department finds that the
6incorporators, officers, directors and shareholders are all
7licensed pursuant to the Medical Practice Act of 1987 and if no
8disciplinary action is pending before the Department against
9any of them, and if it appears that the corporation will be
10conducted in compliance with law and the regulations of the
11Department, the Department shall issue, upon payment of a
12registration fee of $50, a certificate of registration.
13(Source: P.A. 85-1209.)
 
14    (805 ILCS 15/5.1)
15    Sec. 5.1. Deposit of fees and fines. Beginning July 1,
162003, all of the fees, civil penalties, and fines collected
17under this Act shall be deposited into the General Professions
18Dedicated Fund.
19(Source: P.A. 93-32, eff. 7-1-03.)
 
20    (805 ILCS 15/8)  (from Ch. 32, par. 638)
21    Sec. 8. In the event of a change of location of the
22registered establishment, the corporation shall notify the
23Department, in accordance with its regulations, and the
24Department shall amend the certificate of registration so that

 

 

HB5674 Engrossed- 26 -LRB098 16200 ZMM 51259 b

1it shall apply to the new location.
2(Source: Laws 1963, p. 3513.)
 
3    (805 ILCS 15/10)  (from Ch. 32, par. 640)
4    Sec. 10. The Department may suspend or revoke any
5certificate of registration or may otherwise discipline the
6certificate holder for any of the following reasons: (a) the
7revocation or suspension of the license to practice medicine of
8any officer, director, shareholder or employee not promptly
9removed or discharged by the corporation; (b) unethical
10professional conduct on the part of any officer, director,
11shareholder or employee not promptly removed or discharged by
12the corporation; (c) the death of the last remaining
13shareholder; or (d) upon finding that the holder of a
14certificate has failed to comply with the provisions of this
15Act or the regulations prescribed by the Department.
16    The Department may refuse to issue or renew or may suspend
17the certificate of any corporation which fails to file a
18return, or to pay the tax, penalty or interest shown in a filed
19return, or to pay any final assessment of tax, penalty or
20interest, as required by any tax Act administered by the
21Illinois Department of Revenue, until such time as the
22requirements of any such tax Act are satisfied.
23(Source: P.A. 85-1222.)
 
24    (805 ILCS 15/11)  (from Ch. 32, par. 641)

 

 

HB5674 Engrossed- 27 -LRB098 16200 ZMM 51259 b

1    Sec. 11. Before any certificate of registration is
2suspended or revoked, the holder shall be given written notice
3of the proposed action and the reasons therefor, and shall be
4given a public hearing by the Department with the right to
5produce testimony concerning the charges made. The notice shall
6also state the place and date of the hearing which shall be at
7least 10 5 days after service of said notice.
8(Source: Laws 1963, p. 3513.)
 
9    (805 ILCS 15/12)  (from Ch. 32, par. 642)
10    Sec. 12. The provisions of the Administrative Review Law,
11as heretofore or hereafter amended, and all rules adopted
12pursuant thereto, shall apply to and govern all proceedings for
13the judicial review of final administrative decisions of the
14Department hereunder. The term "administrative decision" is
15defined as in Section 3-101 of the Code of Civil Procedure.
16    The proceedings for judicial review shall be commenced in
17the circuit court of the county in which the party applying for
18review is located. If the party is not currently located in
19Illinois, the venue shall be in Sangamon County. The Department
20shall not be required to certify any record to the court or
21file any answer in court or otherwise appear in any court in a
22judicial review proceeding, unless and until the Department has
23received from the plaintiff payment of the costs of furnishing
24and certifying the record, which costs shall be determined by
25the Department. Exhibits shall be certified without cost.

 

 

HB5674 Engrossed- 28 -LRB098 16200 ZMM 51259 b

1Failure on the part of the plaintiff to file a receipt in court
2is grounds for dismissal of the action.
3(Source: P.A. 82-783.)
 
4    (805 ILCS 15/13)  (from Ch. 32, par. 643)
5    Sec. 13. (a) All of the officers, directors and
6shareholders of a corporation subject to this Act shall at all
7times be persons licensed pursuant to the Medical Practice Act
8of 1987. No person who is not so licensed shall have any part
9in the ownership, management, or control of such corporation,
10nor may any proxy to vote any shares of such corporation be
11given to a person who is not so licensed. Notwithstanding any
12provisions to the contrary in the "Business Corporation Act of
131983", as now or hereafter amended, if all of the shares of a
14corporation subject to this Act are owned by one shareholder,
15the office of president and secretary may be held by the same
16person.
17    (b) No corporation may issue any of its capital stock to
18anyone other than an individual who is duly licensed under the
19Medical Practice Act of 1987. No shareholder shall enter into a
20voting trust agreement or any other type of agreement vesting
21another person with the authority to exercise the voting power
22of any of his or her stock.
23    (c) A corporation may, for purposes of dissolution, have as
24its shareholders, directors, officers, agents, and employees
25individuals who are not licensed under the Medical Practice Act

 

 

HB5674 Engrossed- 29 -LRB098 16200 ZMM 51259 b

1of 1987, provided that the corporation does not render any
2medical services nor hold itself out as capable of or available
3to render medical services during the period of dissolution.
4The Department shall not issue or renew any certificate of
5authority to a corporation during the period of dissolution. A
6copy of the certificate of dissolution, as issued by the
7Secretary of State, shall be delivered to the Department within
830 days after its receipt by the incorporators.
9(Source: P.A. 85-1209.)
 
10    (805 ILCS 15/13.5 new)
11    Sec. 13.5. Notice of violation. Whenever the Department has
12reason to believe a corporation has opened, operated, or
13maintained an establishment for any of the purposes for which a
14corporation may be organized under this Act without a
15certificate of registration from the Department, the
16Department may issue a notice of violation to the corporation.
17The notice of violation shall provide a period of 30 days from
18the date of the notice to either file an answer to the
19satisfaction of the Department or submit an application for
20registration in compliance with this Act, including payment of
21the $50 application fee and a late fee of $100 for each year
22that the corporation opened, operated, or maintained an
23establishment for any of the purposes for which a corporation
24may be organized under this Act without having been issued a
25certification of registration, with a maximum late fee of $500.

 

 

HB5674 Engrossed- 30 -LRB098 16200 ZMM 51259 b

1If the corporation that is the subject of the notice of
2violation fails to respond, fails to respond to the
3satisfaction of the Department, or fails to submit an
4application for registration, the Department may institute
5disciplinary proceedings against the corporation and may
6impose a civil penalty up to $10,000 for violation of this Act
7after affording the corporation a hearing in conformance with
8the requirements of this Act.
 
9    (805 ILCS 15/15)  (from Ch. 32, par. 645)
10    Sec. 15. Each individual shareholder, director, officer,
11agent, or employee licensed pursuant to the Medical Practice
12Act of 1987 who is employed by a corporation subject to this
13Act shall remain subject to reprimand or discipline for his
14conduct under the provisions of the Medical Practice Act of
151987.
16(Source: P.A. 85-1209.)
 
17    (805 ILCS 15/16.5 new)
18    Sec. 16.5. Confidentiality. All information collected by
19the Department in the course of an examination or investigation
20of a holder of a certificate of registration or an applicant,
21including, but not limited to, any complaint against a holder
22of a certificate of registration filed with the Department and
23information collected to investigate any such complaint, shall
24be maintained for the confidential use of the Department and

 

 

HB5674 Engrossed- 31 -LRB098 16200 ZMM 51259 b

1shall not be disclosed. The Department may not disclose the
2information to anyone other than law enforcement officials,
3other regulatory agencies that have an appropriate regulatory
4interest as determined by the Secretary, or a party presenting
5a lawful subpoena to the Department. Information and documents
6disclosed to a federal, State, county, or local law enforcement
7agency shall not be disclosed by the agency for any purpose to
8any other agency or person. A formal complaint filed against a
9holder of a certificate of registration by the Department or
10any order issued by the Department against a holder of a
11certificate of registration or an applicant shall be a public
12record, except as otherwise prohibited by law.
 
13    Section 40. The Limited Liability Company Act is amended by
14changing Sections 1-10, 1-25, 1-28, 5-5, and 5-55 and by adding
15Section 1-29 as follows:
 
16    (805 ILCS 180/1-10)
17    Sec. 1-10. Limited liability company name.
18    (a) The name of each limited liability company as set forth
19in its articles of organization:
20        (1) shall contain the terms "limited liability
21    company", "L.L.C.", or "LLC", or, if organized as a
22    low-profit limited liability company under Section 1-26 of
23    this Act, shall contain the term "L3C";
24        (2) may not contain a word or phrase, or an

 

 

HB5674 Engrossed- 32 -LRB098 16200 ZMM 51259 b

1    abbreviation or derivation thereof, the use of which is
2    prohibited or restricted by any other statute of this State
3    unless the restriction has been complied with;
4        (3) shall consist of letters of the English alphabet,
5    Arabic or Roman numerals, or symbols capable of being
6    readily reproduced by the Office of the Secretary of State;
7        (4) shall not contain any of the following terms:
8    "Corporation," "Corp.," "Incorporated," "Inc.," "Ltd.,"
9    "Co.," "Limited Partnership" or "L.P.";
10        (5) shall be the name under which the limited liability
11    company transacts business in this State unless the limited
12    liability company also elects to adopt an assumed name or
13    names as provided in this Act; provided, however, that the
14    limited liability company may use any divisional
15    designation or trade name without complying with the
16    requirements of this Act, provided the limited liability
17    company also clearly discloses its name;
18        (6) shall not contain any word or phrase that indicates
19    or implies that the limited liability company is authorized
20    or empowered to be in the business of a corporate fiduciary
21    unless otherwise permitted by the Secretary of Financial
22    and Professional Regulation Commissioner of the Office of
23    Banks and Real Estate under Section 1-9 of the Corporate
24    Fiduciary Act. The word "trust", "trustee", or "fiduciary"
25    may be used by a limited liability company only if it has
26    first complied with Section 1-9 of the Corporate Fiduciary

 

 

HB5674 Engrossed- 33 -LRB098 16200 ZMM 51259 b

1    Act; and
2        (7) shall contain the word "trust", if it is a limited
3    liability company organized for the purpose of accepting
4    and executing trusts; and
5        (8) shall not, as to any limited liability company
6    organized or amending its company name on or after April 3,
7    2009 (the effective date of Public Act 96-7), without the
8    express written consent of the United States Olympic
9    Committee, contain the words: (i) "Olympic"; (ii)
10    "Olympiad"; (iii) "Paralympic"; (iv) "Paralympiad"; (v)
11    "Citius Altius Fortius"; (vi) "CHICOG"; or (vii) "Chicago
12    2016".
13    (b) Nothing in this Section or Section 1-20 shall abrogate
14or limit the common law or statutory law of unfair competition
15or unfair trade practices, nor derogate from the common law or
16principles of equity or the statutes of this State or of the
17United States of America with respect to the right to acquire
18and protect copyrights, trade names, trademarks, service
19marks, service names, or any other right to the exclusive use
20of names or symbols.
21    (c) (Blank).
22    (d) The name shall be distinguishable upon the records in
23the Office of the Secretary of State from all of the following:
24        (1) Any limited liability company that has articles of
25    organization filed with the Secretary of State under
26    Section 5-5.

 

 

HB5674 Engrossed- 34 -LRB098 16200 ZMM 51259 b

1        (2) Any foreign limited liability company admitted to
2    transact business in this State.
3        (3) Any name for which an exclusive right has been
4    reserved in the Office of the Secretary of State under
5    Section 1-15.
6        (4) Any assumed name that is registered with the
7    Secretary of State under Section 1-20.
8        (5) Any corporate name or assumed corporate name of a
9    domestic or foreign corporation subject to the provisions
10    of Section 4.05 of the Business Corporation Act of 1983 or
11    Section 104.05 of the General Not For Profit Corporation
12    Act of 1986.
13    (e) The provisions of subsection (d) of this Section shall
14not apply if the organizer files with the Secretary of State a
15certified copy of a final decree of a court of competent
16jurisdiction establishing the prior right of the applicant to
17the use of that name in this State.
18    (f) The Secretary of State shall determine whether a name
19is "distinguishable" from another name for the purposes of this
20Act. Without excluding other names that may not constitute
21distinguishable names in this State, a name is not considered
22distinguishable, for purposes of this Act, solely because it
23contains one or more of the following:
24        (1) The word "limited", "liability" or "company" or an
25    abbreviation of one of those words.
26        (2) Articles, conjunctions, contractions,

 

 

HB5674 Engrossed- 35 -LRB098 16200 ZMM 51259 b

1    abbreviations, or different tenses or number of the same
2    word.
3(Source: P.A. 96-7, eff. 4-3-09; 96-126, eff. 1-1-10; 96-1000,
4eff. 7-2-10.)
 
5    (805 ILCS 180/1-25)
6    Sec. 1-25. Nature of business. A limited liability company
7may be formed for any lawful purpose or business except:
8        (1) (blank);
9        (2) insurance unless, for the purpose of carrying on
10    business as a member of a group including incorporated and
11    individual unincorporated underwriters, the Director of
12    Insurance finds that the group meets the requirements of
13    subsection (3) of Section 86 of the Illinois Insurance Code
14    and the limited liability company, if insolvent, is subject
15    to liquidation by the Director of Insurance under Article
16    XIII of the Illinois Insurance Code;
17        (3) the practice of dentistry unless all the members
18    and managers are licensed as dentists under the Illinois
19    Dental Practice Act; or
20        (4) the practice of medicine unless all the managers,
21    if any, are licensed to practice medicine under the Medical
22    Practice Act of 1987 and each member is either:
23            (A) licensed to practice medicine under the
24        Medical Practice Act of 1987; or
25            (B) a registered medical corporation or

 

 

HB5674 Engrossed- 36 -LRB098 16200 ZMM 51259 b

1        corporations organized pursuant to the Medical
2        Corporation Act; or
3            (C) a professional corporation organized pursuant
4        to the Professional Service Corporation Act of
5        physicians licensed to practice under the Medical
6        Practice Act of 1987; or
7            (D) a limited liability company that satisfies the
8        requirements of subparagraph (A), (B), or (C); or .
9        (5) the practice of real estate unless all the
10    managers, if any, or every member in a member-managed
11    company are licensed to practice as a managing broker or
12    broker pursuant to the Real Estate License Act of 2000.
13(Source: P.A. 95-331, eff. 8-21-07; 95-738, eff. 1-1-09.)
 
14    (805 ILCS 180/1-28)
15    Sec. 1-28. Certificate of Registration; Department of
16Financial and Professional Regulation. This Section applies
17only to a limited liability company that intends to provide, or
18does provide, professional services that require the
19individuals engaged in the profession to be licensed by the
20Department of Financial and Professional Regulation. A limited
21liability company covered by this Section shall not open,
22operate, or maintain an establishment for any of the purposes
23for which a limited liability company may be organized under
24this Act without obtaining a certificate of registration from
25the Department.

 

 

HB5674 Engrossed- 37 -LRB098 16200 ZMM 51259 b

1    Application for such registration shall be made in writing
2and shall contain the name and address of the limited liability
3company and such other information as may be required by the
4Department. Upon receipt of such application, the Department
5shall make an investigation of the limited liability company.
6If the Department finds that the organizers, managers, and
7members are each licensed pursuant to the laws of Illinois to
8engage in the particular profession or related professions
9involved (except that an initial organizer may be a licensed
10attorney) and if no disciplinary action is pending before the
11Department against any of them and if it appears that the
12limited liability company will be conducted in compliance with
13the law and the rules and regulations of the Department, the
14Department shall issue, upon payment of a registration fee of
15$50, a certificate of registration.
16    A separate application shall be submitted for each business
17location in Illinois. If the limited liability company is using
18more than one fictitious or assumed name and has an address
19different from that of the parent company, a separate
20application shall be submitted for each fictitious or assumed
21name.
22    Upon written application of the holder, the Department
23shall renew the certificate if it finds that the limited
24liability company has complied with its regulations and the
25provisions of this Act and the applicable licensing Act. This
26fee for the renewal of a certificate of registration shall be

 

 

HB5674 Engrossed- 38 -LRB098 16200 ZMM 51259 b

1calculated at the rate of $40 per year. The certificate of
2registration shall be conspicuously posted upon the premises to
3which it is applicable, and the limited liability company shall
4have only those offices which are designated by street address
5in the articles of organization, or as changed by amendment of
6such articles. A certificate of registration shall not be
7assignable.
8    A limited liability company registered under this Section
9may, for the purposes of dissolution, have as its managers and
10members individuals who are not licensed by the Department to
11provide professional services, provided that the limited
12liability company does not render any professional services or
13hold itself out as capable or available to render any
14professional services during the period of dissolution. The
15Department shall not issue or renew any certificate of
16registration to a limited liability company during the period
17of dissolution. A copy of the certificate of dissolution, as
18issued by the Secretary of State, shall be delivered to the
19Department within 30 days after its receipt by the managers or
20members.
21    All fees, civil penalties, and fines collected under this
22Section and Section 1-29 shall be deposited into the General
23Professions Dedicated Fund.
24(Source: P.A. 96-679, eff. 8-25-09; 96-984, eff. 1-1-11;
2596-1000, eff. 7-2-10.)
 

 

 

HB5674 Engrossed- 39 -LRB098 16200 ZMM 51259 b

1    (805 ILCS 180/1-29 new)
2    Sec. 1-29. Certificate of registration; administration and
3enforcement.
4    This Section applies to a limited liability company subject
5to Section 1-28 of this Act.
6    No limited liability company organized under this Act may
7render professional services that require the issuance of a
8license by the Department, except through its managers,
9members, agents, or employees who are duly licensed or
10otherwise legally authorized to render such professional
11services within this State.
12    Nothing contained in this Act shall be interpreted to
13abolish, repeal, modify, restrict, or limit the law in effect
14in this State on the effective date of this amendatory Act of
15the 98th General Assembly that is applicable to the
16professional relationship and liabilities between the person
17furnishing the professional services and the person receiving
18such professional services or the law that is applicable to the
19standards for professional conduct. Any manager, member,
20agent, or employee of a limited liability company shall remain
21personally and fully liable and accountable for any negligent
22or wrongful acts or misconduct committed by him or her or by
23any person under his or her direct supervision and control
24while rendering professional services on behalf of the limited
25liability company. However, a limited liability company
26subject to Section 1-28 shall have no greater liability for the

 

 

HB5674 Engrossed- 40 -LRB098 16200 ZMM 51259 b

1conduct of its agents than any other limited liability company
2organized under this Act. The limited liability company shall
3be liable up to the full value of its property for any
4negligence or wrongful acts or misconduct committed by any of
5its managers, members, agents, or employees while they are
6engaged in the rendering of professional services on behalf of
7the limited liability company.
8    An individual's association with a limited liability
9company as a manager, member, agent, or employee, shall in no
10way modify or diminish the jurisdiction of the Department that
11licensed, certified, or registered the individual for a
12particular profession.
13    All rights and obligations pertaining to communications
14made to or information received by any qualified person or the
15advice he or she gives on such communications or information,
16shall be extended to the limited liability company of which he
17or she is a manager, member, agent, or employee, and to the
18limited liability company's managers, members, agents, and
19employees.
20    Any limited liability company that, on 2 occasions, issues
21or delivers a check or other order to the Department that is
22not honored by the financial institution upon which it is drawn
23because of insufficient funds on the account, shall pay to the
24Department, in addition to the amount owing upon such check or
25other order, a fee of $50. If such check or other order was
26issued or delivered in payment of a renewal fee and the limited

 

 

HB5674 Engrossed- 41 -LRB098 16200 ZMM 51259 b

1liability company whose certification of registration has
2lapsed continues to practice as a limited liability company
3without paying the renewal fee and the $50 fee required under
4this Section, an additional fee of $100 shall be imposed for
5practicing without a current license. The Department shall
6notify the limited liability company whose certificate of
7registration has lapsed within 30 days after the discovery by
8the Department that such limited liability company is operating
9without a current certificate of the fact that the limited
10liability company is operating without a certificate and of the
11amount due to the Department, which shall include the lapsed
12renewal fee and all other fees required by this Section. If the
13limited liability company whose certification has lapsed seeks
14a current certificate more than 30 days after the date it
15receives notification from the Department, it shall be required
16to apply to the Department for reinstatement of the certificate
17and to pay all fees due to the Department. The Department may
18establish a fee for the processing of an application for
19reinstatement of a certificate that allows the Department to
20pay all costs and expenses related to the processing of the
21application. The Director may waive the fees due under this
22Section in individual cases where he or she finds that in the
23particular case such fees would be unreasonable or
24unnecessarily burdensome.
25    The Department may suspend, revoke, or otherwise
26discipline the certificate of registration for any of the

 

 

HB5674 Engrossed- 42 -LRB098 16200 ZMM 51259 b

1following reasons:
2        (1) the revocation or suspension of the license to
3    practice the profession of any officer, manager, member,
4    agent, or employee not promptly removed or discharged by
5    the limited liability company;
6        (2) unethical professional conduct on the part of any
7    officer, manager, member, agent, or employee not promptly
8    removed or discharged by the limited liability company;
9        (3) the death of the last remaining member;
10        (4) upon finding that the holder of the certificate has
11    failed to comply with the provisions of this Act or the
12    regulations prescribed by the Department; or
13        (5) the failure to file a return, to pay the tax,
14    penalty, or interest shown in a filed return, or to pay any
15    final assessment of tax, penalty, or interest, as required
16    by a tax Act administered by the Illinois Department of
17    Revenue, until such time as the requirements of any such
18    tax Act are satisfied.
19    Before any certificate of registration is suspended or
20revoked, the holder shall be given written notice of the
21proposed action and the reasons for the proposed action and
22shall be provided a public hearing by the Department with the
23right to produce testimony and other evidence concerning the
24charges made. The notice shall also state the place and date of
25the hearing, which shall be at least 10 days after service of
26the notice.

 

 

HB5674 Engrossed- 43 -LRB098 16200 ZMM 51259 b

1    All orders of the Department denying an application for a
2certificate of registration or suspending or revoking a
3certificate of registration or imposing a civil penalty shall
4be subject to judicial review pursuant to the Administrative
5Review Law.
6    The proceedings for judicial review shall be commenced in
7the circuit court of the county in which the party applying for
8review is located; but if the party is not currently located in
9Illinois, the venue shall be in Sangamon County. The Department
10shall not be required to certify any record to the court or
11file any answer in court or otherwise appear in any court in a
12judicial review proceeding, unless and until the Department has
13received from the plaintiff payment of the costs of furnishing
14and certifying the record, which costs shall be determined by
15the Department. Exhibits shall be certified without cost.
16Failure on the part of the plaintiff to file a receipt in court
17is grounds for dismissal of the action.
18    Whenever the Department has reason to believe a limited
19liability company has opened, operated, or maintained an
20establishment for any of the purposes for which a limited
21liability company may be organized under this Act without a
22certificate of registration from the Department authorized by
23law to license individuals to engage in the profession or
24related professions, the Department may issue a notice of
25violation to the limited liability company. The notice of
26violation shall provide a period of 30 days after the date of

 

 

HB5674 Engrossed- 44 -LRB098 16200 ZMM 51259 b

1the notice to either file an answer to the satisfaction of the
2Department or submit an application for registration in
3compliance with this Act, including payment of the $50
4application fee and a late fee of $100 for each year that the
5limited liability company opened, operated, or maintained an
6establishment for any of the purposes for which a limited
7liability company may be organized under this Act without
8having been issued a certificate of registration, with a
9maximum late fee of $500. If the limited liability company that
10is the subject of the notice of violation fails to respond,
11fails to respond to the satisfaction of the Department, or
12fails to submit an application for registration, the Department
13may institute disciplinary proceedings against the limited
14liability company and may impose a civil penalty up to $10,000
15for violation of this Act after affording the limited liability
16company a hearing in conformance with the requirements of this
17Act.
 
18    (805 ILCS 180/5-5)
19    Sec. 5-5. Articles of organization.
20    (a) The articles of organization shall set forth all of the
21following:
22        (1) The name of the limited liability company and the
23    address of its principal place of business which may, but
24    need not be a place of business in this State.
25        (2) The purposes for which the limited liability

 

 

HB5674 Engrossed- 45 -LRB098 16200 ZMM 51259 b

1    company is organized, which may be stated to be, or to
2    include, the transaction of any or all lawful businesses
3    for which limited liability companies may be organized
4    under this Act.
5        (3) The name of its registered agent and the address of
6    its registered office.
7        (4) If the limited liability company is to be managed
8    by a manager or managers, the names and business addresses
9    of the initial manager or managers.
10        (5) If management of the limited liability company is
11    to be vested in the members under Section 15-1, then the
12    names and addresses of the initial member or members.
13        (5.5) The duration of the limited liability company,
14    which shall be perpetual unless otherwise stated.
15        (6) (Blank).
16        (7) The name and address of each organizer.
17        (8) Any other provision, not inconsistent with law,
18    that the members elect to set out in the articles of
19    organization for the regulation of the internal affairs of
20    the limited liability company, including any provisions
21    that, under this Act, are required or permitted to be set
22    out in the operating agreement of the limited liability
23    company.
24    (b) A limited liability company is organized at the time
25articles of organization are filed by the Secretary of State or
26at any later time, not more than 60 days after the filing of

 

 

HB5674 Engrossed- 46 -LRB098 16200 ZMM 51259 b

1the articles of organization, specified in the articles of
2organization.
3    (c) Articles of organization for the organization of a
4limited liability company for the purpose of accepting and
5executing trusts shall not be filed by the Secretary of State
6until there is delivered to him or her a statement executed by
7the Secretary of Financial and Professional Regulation
8Commissioner of the Office of Banks and Real Estate that the
9organizers of the limited liability company have made
10arrangements with the Secretary of Financial and Professional
11Regulation Commissioner of the Office of Banks and Real Estate
12to comply with the Corporate Fiduciary Act.
13    (d) Articles of organization for the organization of a
14limited liability company as a bank or a savings bank must be
15filed with the Department of Financial and Professional
16Regulation Commissioner of Banks and Real Estate or, if the
17bank or savings bank will be organized under federal law, with
18the appropriate federal banking regulator.
19(Source: P.A. 98-171, eff. 8-5-13.)
 
20    (805 ILCS 180/5-55)
21    Sec. 5-55. Filing in Office of Secretary of State.
22    (a) Whenever any provision of this Act requires a limited
23liability company to file any document with the Office of the
24Secretary of State, the requirement means that:
25        (1) the original document, executed as described in

 

 

HB5674 Engrossed- 47 -LRB098 16200 ZMM 51259 b

1    Section 5-45, and, if required by this Act to be filed in
2    duplicate, one copy (which may be a signed carbon or
3    photocopy) shall be delivered to the Office of the
4    Secretary of State;
5        (2) all fees and charges authorized by law to be
6    collected by the Secretary of State in connection with the
7    filing of the document shall be tendered to the Secretary
8    of State; and
9        (3) unless the Secretary of State finds that the
10    document does not conform to law, he or she shall, when all
11    fees have been paid:
12            (A) endorse on the original and on the copy the
13        word "Filed" and the month, day, and year of the filing
14        thereof;
15            (B) file in his or her office the original of the
16        document; and
17            (C) return the copy to the person who filed it or
18        to that person's representative.
19    (b) If another Section of this Act specifically prescribes
20a manner of filing or signing a specified document that differs
21from the corresponding provisions of this Section, then the
22provisions of the other Section shall govern.
23    (c) Whenever any provision of this Act requires a limited
24liability company that is a bank or a savings bank to file any
25document, that requirement means that the filing shall be made
26exclusively with the Department of Financial and Professional

 

 

HB5674 Engrossed- 48 -LRB098 16200 ZMM 51259 b

1Regulation Commissioner of Banks and Real Estate or, if the
2bank or savings bank is organized under federal law, with the
3appropriate federal banking regulator at such times and in such
4manner as required by the Department Commissioner or federal
5regulator.
6(Source: P.A. 92-33, eff. 7-1-01; 93-561, eff. 1-1-04.)

 

 

HB5674 Engrossed- 49 -LRB098 16200 ZMM 51259 b

1 INDEX
2 Statutes amended in order of appearance
3    225 ILCS 15/3from Ch. 111, par. 5353
4    225 ILCS 15/24.2 new
5    225 ILCS 20/10from Ch. 111, par. 6360
6    225 ILCS 20/34.1 new
7    225 ILCS 20/18 rep.
8    225 ILCS 55/75from Ch. 111, par. 8351-75
9    225 ILCS 55/156 new
10    225 ILCS 107/20
11    805 ILCS 10/2from Ch. 32, par. 415-2
12    805 ILCS 10/3.1from Ch. 32, par. 415-3.1
13    805 ILCS 10/3.2from Ch. 32, par. 415-3.2
14    805 ILCS 10/3.6from Ch. 32, par. 415-3.6
15    805 ILCS 10/12from Ch. 32, par. 415-12
16    805 ILCS 10/12.1from Ch. 32, par. 415-12.1
17    805 ILCS 10/13from Ch. 32, par. 415-13
18    805 ILCS 10/13.5 new
19    805 ILCS 10/15.5 new
20    805 ILCS 15/2from Ch. 32, par. 632
21    805 ILCS 15/5from Ch. 32, par. 635
22    805 ILCS 15/5.1
23    805 ILCS 15/8from Ch. 32, par. 638
24    805 ILCS 15/10from Ch. 32, par. 640
25    805 ILCS 15/11from Ch. 32, par. 641

 

 

HB5674 Engrossed- 50 -LRB098 16200 ZMM 51259 b

1    805 ILCS 15/12from Ch. 32, par. 642
2    805 ILCS 15/13from Ch. 32, par. 643
3    805 ILCS 15/13.5 new
4    805 ILCS 15/15from Ch. 32, par. 645
5    805 ILCS 15/16.5 new