Illinois General Assembly - Bill Status for SB1285
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 Bill Status of SB1285  102nd General Assembly


Short Description:  BUS CORP-NON PROFIT-PROXIES

Senate Sponsors
Sen. Linda Holmes

House Sponsors
(Rep. Michael J. Zalewski)

Last Action
DateChamber Action
  8/24/2009SenatePublic Act . . . . . . . . . 96-0648

Statutes Amended In Order of Appearance
805 ILCS 105/107.50from Ch. 32, par. 107.50


Synopsis As Introduced
Amends the General Not For Profit Corporation Act of 1986. Provides that voting members or their proxies, belonging to a not-for-profit corporation, may conduct elections for directors, officers, or representatives by mail, email, or other electronic means if the corporation's bylaws so provide (instead of conducting elections for directors and officers exclusively by first-class mail only).

House Committee Amendment No. 1
Adds reference to:
815 ILCS 307/10-80
815 ILCS 602/5-10
815 ILCS 602/5-30
815 ILCS 602/5-35
815 ILCS 705/3from Ch. 121 1/2, par. 1703
815 ILCS 705/7from Ch. 121 1/2, par. 1707
815 ILCS 705/8from Ch. 121 1/2, par. 1708
815 ILCS 705/10from Ch. 121 1/2, par. 1710
815 ILCS 705/11from Ch. 121 1/2, par. 1711
815 ILCS 705/15from Ch. 121 1/2, par. 1715
815 ILCS 705/16from Ch. 121 1/2, par. 1716
815 ILCS 705/21from Ch. 121 1/2, par. 1721
815 ILCS 705/22from Ch. 121 1/2, par. 1722
815 ILCS 705/26from Ch. 121 1/2, par. 1726
815 ILCS 705/29from Ch. 121 1/2, par. 1729
815 ILCS 705/31from Ch. 121 1/2, par. 1731
815 ILCS 705/40from Ch. 121 1/2, par. 1740
815 ILCS 705/13 rep.

Deletes everything after the enacting clause and reinserts similar provisions amending the General Not For Profit Corporation Act of 1986 to provide that voting members or their proxies, belonging to a not-for-profit corporation, may conduct elections for directors, officers, or representatives by mail, email, or other electronic means if the corporation's bylaws so provide (instead of conducting elections for directors and officers exclusively by first-class mail only). Contains the following additional changes: Amends the Business Brokers Act of 1995. Exempts any franchise seller as defined in the Federal Trade Commission rule entitled Disclosure Requirements and Prohibitions Concerning Franchising, as it may be amended, from the registration requirements and other duties imposed under the Act (rather than exempting persons registered under the Illinois Franchise Disclosure Act of 1987 from the Act's requirements as to (1) offers and sales in connection with franchising activities or (2) assisting their franchisees in the offer or sale of a franchise). Amends the Business Opportunity Sales Law of 1995. Provides that a seller of a business opportunity is exempt from registering certain disclosure documents if the seller delivers a disclosure document prepared in accordance with the requirements of the Illinois Franchise Disclosure Act of 1987 (rather than the Franchise Offering Circular or a disclosure document as required by the Illinois Franchise Disclosure Act of 1987) to each purchaser 14 days prior to (rather than delivery by the earlier of the first personal meeting, or 10 business days) the purchaser's execution of specified documents. Expands the list of disclosure documents a seller can file for registration purposes to include disclosure documents prepared pursuant to the Federal Trade Commission rule entitled Disclosure Requirements and Prohibitions Concerning Business Opportunities, and the Business Opportunity Disclosure Document (rather than the Franchise Offering Circular). Makes other changes. Amends the Franchise Disclosure Act of 1987. Makes changes to the defined terms "franchise", "subfranchisor", and "subfranchisor". Exempts certain franchisees and interest partners in a franchise from specific registration requirements. Adds language providing that the Attorney General may accept an Assurance of Voluntary Compliance statement from persons alleged to be in violation of the Franchise Disclosure Act of 1987 and that evidence of a violation of the statement shall be prima facia evidence of a violation of the Act. Establishes an initial $500 fee for filing a large franchisor exemption and a $100 renewal fee. Repeals the provision prohibiting a franchise broker from selling a franchise that requires registration under the Act unless the franchise broker submitted an application for registration and a consent to service of process. Makes other changes. Effective October 1, 2009.

Actions 
DateChamber Action
  2/10/2009SenateFiled with Secretary by Sen. Linda Holmes
  2/10/2009SenateFirst Reading
  2/10/2009SenateReferred to Assignments
  2/18/2009SenateAssigned to Judiciary
  2/25/2009SenatePostponed - Judiciary
  3/5/2009SenateDo Pass Judiciary; 009-000-000
  3/5/2009SenatePlaced on Calendar Order of 2nd Reading March 6, 2009
  3/24/2009SenateSecond Reading
  3/24/2009SenatePlaced on Calendar Order of 3rd Reading March 25, 2009
  3/26/2009SenateThird Reading - Passed; 056-000-000
  3/26/2009HouseArrived in House
  3/26/2009HousePlaced on Calendar Order of First Reading
  3/26/2009HouseChief House Sponsor Rep. Michael J. Zalewski
  3/26/2009HouseFirst Reading
  3/26/2009HouseReferred to Rules Committee
  4/14/2009HouseAssigned to Judiciary I - Civil Law Committee
  4/29/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  4/29/2009HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  4/29/2009HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 015-000-000
  4/29/2009HousePlaced on Calendar 2nd Reading - Short Debate
  4/30/2009HouseSecond Reading - Short Debate
  4/30/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/14/2009HouseThird Reading - Short Debate - Passed 110-000-000
  5/15/2009SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/15/2009SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 17, 2009
  5/26/2009SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Linda Holmes
  5/26/2009SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/27/2009SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Judiciary
  5/28/2009SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 007-000-000
  5/29/2009SenateHouse Committee Amendment No. 1 Senate Concurs 058-000-000
  5/29/2009SenatePassed Both Houses
  6/26/2009SenateSent to the Governor
  8/24/2009SenateGovernor Approved
  8/24/2009SenateEffective Date October 1, 2009
  8/24/2009SenatePublic Act . . . . . . . . . 96-0648

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