Full Text of HB3514 100th General Assembly
HB3514ham001 100TH GENERAL ASSEMBLY | Rep. Peter Breen Filed: 4/25/2017
| | 10000HB3514ham001 | | LRB100 07685 JLS 25569 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3514
| 2 | | AMENDMENT NO. ______. Amend House Bill 3514 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Public policy. The practice of electronic | 5 | | filing of documents with the Secretary of State's Office is | 6 | | salutary and should be encouraged. Electronic filing reduces | 7 | | errors, saves paper, and saves money. As such, the people of | 8 | | Illinois and their nonprofits and businesses should not be | 9 | | charged extra fees to electronically file over and above what | 10 | | they would be charged if they file in person at the Secretary | 11 | | of State's Office. During this transition period where the | 12 | | Secretary of State's Office moves more of its customers to | 13 | | electronic filing with no extra fee, sufficient funds to | 14 | | operate the Office should also be ensured. | 15 | | Section 5. The Secretary of State Act is amended by adding | 16 | | Section 18 as follows: |
| | | 10000HB3514ham001 | - 2 - | LRB100 07685 JLS 25569 a |
|
| 1 | | (15 ILCS 305/18 new) | 2 | | Sec. 18. Electronic Filing Supplemental Deposits into | 3 | | Department of Business Services Special Operations Fund. When a | 4 | | submission to the Secretary of State is made electronically, | 5 | | but does not include a request for expedited services, pursuant | 6 | | to the provisions of this amendatory Act of the 100th General | 7 | | Assembly up to $25 for each such transaction under the General | 8 | | Not For Profit Corporation Act of 1986 and up to $50 from each | 9 | | such transaction under the Business Corporation Act of 1983, | 10 | | the Limited Liability Company Act, or the Uniform Limited | 11 | | Partnership Act (2001) shall be deposited into the Department | 12 | | of Business Services Special Operations Fund, and the remainder | 13 | | of any fee deposited into the General Revenue Fund. However, in | 14 | | no circumstance may the supplemental deposits provided by this | 15 | | Section cause the total deposits into the Special Operations | 16 | | Fund in any fiscal year from electronic submissions under the | 17 | | Business Corporation Act of 1983, the General Not For Profit | 18 | | Corporation Act of 1986, the Limited Liability Company Act, the | 19 | | Uniform Partnership Act (1997), and the Uniform Limited | 20 | | Partnership Act (2001), whether or not for expedited services, | 21 | | to exceed $11,326,225. The Secretary of State has the authority | 22 | | to adopt rules necessary to implement this Section, in | 23 | | accordance with the Illinois Administrative Procedure Act. | 24 | | This Section does not apply on or after July 1, 2021. |
| | | 10000HB3514ham001 | - 3 - | LRB100 07685 JLS 25569 a |
|
| 1 | | Section 10. The Business Corporation Act of 1983 is amended | 2 | | by changing Section 15.95 as follows:
| 3 | | (805 ILCS 5/15.95) (from Ch. 32, par. 15.95)
| 4 | | Sec. 15.95. Department of Business Services Special | 5 | | Operations Fund.
| 6 | | (a) A
special fund in the State treasury known as the | 7 | | Division of
Corporations Special Operations
Fund is renamed the | 8 | | Department of Business Services Special Operations
Fund. | 9 | | Moneys deposited into the Fund shall, subject to appropriation, | 10 | | be
used by the Department of Business Services of the
Office of | 11 | | the Secretary of State,
hereinafter "Department", to create and | 12 | | maintain the
capability
to perform
expedited services in | 13 | | response to special requests made by the public for
same day or | 14 | | 24 hour service. Moneys deposited into the Fund shall be used
| 15 | | for, but not limited to, expenditures for personal services, | 16 | | retirement,
social security, contractual services, equipment, | 17 | | electronic data
processing, and telecommunications.
| 18 | | (b) On or before August 31 of each year, the balance in the | 19 | | Fund in excess of $600,000 shall be transferred to the General | 20 | | Revenue Fund.
| 21 | | (c) All fees payable to the Secretary of State under this | 22 | | Section
shall be deposited into the Fund. No other fees or | 23 | | taxes collected under
this Act shall be deposited into the | 24 | | Fund.
| 25 | | (d) "Expedited services" means services rendered within |
| | | 10000HB3514ham001 | - 4 - | LRB100 07685 JLS 25569 a |
|
| 1 | | the same day,
or within 24 hours from the time, the request | 2 | | therefor is submitted by the
filer, law firm, service company, | 3 | | or messenger physically in person or, at
the Secretary of | 4 | | State's discretion, by electronic means, to the
Department's | 5 | | Springfield Office and includes requests for
certified copies,
| 6 | | photocopies, and certificates of good standing or fact made to | 7 | | the
Department's Springfield Office in person or by telephone,
| 8 | | or requests for
certificates of good standing or fact made in | 9 | | person or by telephone to the
Department's Chicago Office. A | 10 | | request submitted by electronic means may not be considered a | 11 | | request for expedited services solely because of its submission | 12 | | by electronic means, unless expedited service is requested by | 13 | | the filer.
| 14 | | (e) Fees for expedited services shall be as follows:
| 15 | | Restatement of articles, $200;
| 16 | | Merger, consolidation or exchange, $200;
| 17 | | Articles of incorporation, $100;
| 18 | | Articles of amendment, $100;
| 19 | | Revocation of dissolution, $100;
| 20 | | Reinstatement, $100;
| 21 | | Application for authority, $100;
| 22 | | Cumulative report of changes in issued shares or
paid-in | 23 | | capital, $100;
| 24 | | Report following merger or consolidation, $100;
| 25 | | Certificate of good standing or fact, $20;
| 26 | | All other filings, copies of documents, annual reports
|
| | | 10000HB3514ham001 | - 5 - | LRB100 07685 JLS 25569 a |
|
| 1 | | filed on or after January 1, 1984, and copies of documents of | 2 | | dissolved or
revoked
corporations having a
file number over | 3 | | 5199, $50.
| 4 | | (f) Expedited services shall not be available for a | 5 | | statement of
correction, a petition for refund or adjustment, | 6 | | or a request involving
annual reports filed before January 1, | 7 | | 1984 or involving dissolved corporations
with a
file number | 8 | | below 5200.
| 9 | | (Source: P.A. 99-620, eff. 1-1-17 .)
| 10 | | Section 15. The Limited Liability Company Act is amended by | 11 | | changing Section 50-50 as follows:
| 12 | | (805 ILCS 180/50-50)
| 13 | | Sec. 50-50. Department of Business Services Special | 14 | | Operations Fund.
| 15 | | (a) A special fund in the State treasury is created and | 16 | | shall be known as
the
Department of Business Services Special | 17 | | Operations Fund. Moneys deposited into
the Fund
shall, subject | 18 | | to appropriation, be used by the Department of Business | 19 | | Services
of the Office
of the Secretary of State, hereinafter | 20 | | "Department", to create and maintain the
capability to
perform | 21 | | expedited services in response to special requests made by the | 22 | | public
for same-day
or 24-hour service. Moneys deposited into | 23 | | the Fund shall be used for, but not
limited to,
expenditures | 24 | | for personal services, retirement, Social Security, |
| | | 10000HB3514ham001 | - 6 - | LRB100 07685 JLS 25569 a |
|
| 1 | | contractual
services,
equipment, electronic data processing, | 2 | | and telecommunications.
| 3 | | (b) The balance in the Fund at the end of any fiscal year | 4 | | shall not exceed
$600,000,
and any amount in excess thereof | 5 | | shall be transferred to the General Revenue
Fund.
| 6 | | (c) All fees payable to the Secretary of State under this | 7 | | Section shall be
deposited
into the Fund. No other fees or | 8 | | charges collected under this Act
shall be
deposited into the
| 9 | | Fund.
| 10 | | (d) "Expedited services" means services rendered within | 11 | | the same day, or
within 24
hours from the time, the request | 12 | | therefor is submitted by the filer, law firm,
service company,
| 13 | | or messenger physically in person or, at the Secretary of | 14 | | State's discretion,
by electronic means, to the Department's | 15 | | Springfield Office and
includes
requests for certified copies, | 16 | | photocopies, and certificates of good standing
made to the
| 17 | | Department's Springfield Office in person or by telephone, or | 18 | | requests for
certificates of
good standing made in person or by | 19 | | telephone to the Department's Chicago
Office. A request | 20 | | submitted by electronic means may not be considered a request | 21 | | for expedited services solely because of its submission by | 22 | | electronic means, unless expedited service is requested by the | 23 | | filer.
| 24 | | (e) Fees for expedited services shall be as follows:
| 25 | | Restated articles of organization, $200;
| 26 | | Merger or conversion, $200;
|
| | | 10000HB3514ham001 | - 7 - | LRB100 07685 JLS 25569 a |
|
| 1 | | Articles of organization, $100;
| 2 | | Articles of amendment, $100;
| 3 | | Reinstatement, $100;
| 4 | | Application for admission to transact business, $100;
| 5 | | Certificate of good standing or abstract of computer | 6 | | record, $20;
| 7 | | All other filings, copies of documents, annual reports, and | 8 | | copies of
documents of
dissolved or revoked limited liability | 9 | | companies, $50.
| 10 | | (Source: P.A. 92-33, eff. 7-1-01; 93-32, eff. 9-1-03.)
| 11 | | Section 20. The Uniform Partnership Act (1997) is amended | 12 | | by changing Section 108 as follows:
| 13 | | (805 ILCS 206/108)
| 14 | | Sec. 108. Fees.
| 15 | | (a) The Secretary of State shall charge and collect in | 16 | | accordance with
the provisions of this
Act and rules | 17 | | promulgated under its authority:
| 18 | | (1) fees for filing documents;
| 19 | | (2) miscellaneous charges; and
| 20 | | (3) fees for the sale of lists of filings and for | 21 | | copies of any documents.
| 22 | | (b) The Secretary of State shall charge and collect:
| 23 | | (1) for furnishing a copy or certified copy of any | 24 | | document, instrument,
or paper relating
to a registered |
| | | 10000HB3514ham001 | - 8 - | LRB100 07685 JLS 25569 a |
|
| 1 | | limited liability partnership, $25;
| 2 | | (2) for the transfer of information by computer process | 3 | | media to any
purchaser, fees
established by rule;
| 4 | | (3) for filing a statement of partnership authority, | 5 | | $25;
| 6 | | (4) for filing a statement of denial, $25;
| 7 | | (5) for filing a statement of dissociation, $25;
| 8 | | (6) for filing a statement of dissolution, $100;
| 9 | | (7) for filing a statement of merger, $100;
| 10 | | (8) for filing a statement of qualification for a | 11 | | limited liability
partnership organized under the
laws of | 12 | | this State, $100 for each partner, but in no event shall | 13 | | the fee be
less than $200 or
exceed $5,000;
| 14 | | (9) for filing a statement of foreign qualification, | 15 | | $500;
| 16 | | (10) for filing a renewal statement for a limited | 17 | | liability partnership
organized under the laws of
this | 18 | | State, $100 for each partner, but in no event shall the fee | 19 | | be
less than $200 or
exceed $5,000;
| 20 | | (11) for filing a renewal statement for a foreign | 21 | | limited liability
partnership, $300;
| 22 | | (12) for filing an amendment or cancellation of a | 23 | | statement, $25;
| 24 | | (13) for filing a statement of withdrawal, $100;
| 25 | | (14) for the purposes of changing the registered agent | 26 | | name or registered
office, or both,
$25;
|
| | | 10000HB3514ham001 | - 9 - | LRB100 07685 JLS 25569 a |
|
| 1 | | (15) for filing an application for reinstatement, | 2 | | $200; | 3 | | (16) for filing any other document, $25. | 4 | | (c) All fees collected pursuant to this Act shall be | 5 | | deposited into the
Division of
Corporations Registered Limited | 6 | | Liability Partnership Fund.
| 7 | | (d) There is hereby continued in the State treasury a | 8 | | special fund to be
known as the Division
of Corporations | 9 | | Registered Limited Liability Partnership Fund. Moneys | 10 | | deposited into the
Fund shall,
subject to appropriation, be | 11 | | used by the Business Services Division of the
Office of the
| 12 | | Secretary of State to administer the responsibilities of the | 13 | | Secretary of
State under this Act.
On or before August 31 of | 14 | | each year, the balance in the Fund in excess of $200,000 shall | 15 | | be transferred to the General Revenue Fund.
| 16 | | (e) Filings, including annual reports, made by electronic | 17 | | means shall be treated as if submitted in person and may not be | 18 | | charged excess fees as expedited services solely because of | 19 | | submission by electronic means. | 20 | | (Source: P.A. 99-620, eff. 1-1-17; 99-933, eff. 1-27-17; | 21 | | revised 2-2-17.)
| 22 | | Section 25. The
Uniform Limited Partnership Act (2001) is | 23 | | amended by changing Section 1308 as follows: | 24 | | (805 ILCS 215/1308)
|
| | | 10000HB3514ham001 | - 10 - | LRB100 07685 JLS 25569 a |
|
| 1 | | Sec. 1308. Department of Business Services Special | 2 | | Operations Fund. | 3 | | (a) A special fund in the State Treasury is created and | 4 | | shall be known as the Department of Business Services Special | 5 | | Operations Fund. Moneys deposited into the Fund shall, subject | 6 | | to appropriation, be used by the Department of Business | 7 | | Services of the Office of the Secretary of State, hereinafter | 8 | | "Department", to create and maintain the capability to perform | 9 | | expedited services in response to special requests made by the | 10 | | public for same day or 24 hour service. Moneys deposited into | 11 | | the Fund shall be used for, but not limited to, expenditures | 12 | | for personal services, retirement, Social Security, | 13 | | contractual services, equipment, electronic data processing, | 14 | | and telecommunications. | 15 | | (b) The balance in the Fund at the end of any fiscal year | 16 | | shall not exceed $600,000 and any amount in excess thereof | 17 | | shall be transferred to the General Revenue Fund. | 18 | | (c) All fees payable to the Secretary of State under this | 19 | | Section shall be deposited into the Fund. No other fees or | 20 | | charges collected under this Act shall be deposited into the | 21 | | Fund. | 22 | | (d) "Expedited services" means services rendered within | 23 | | the same day, or within 24 hours from the time the request | 24 | | therefor is submitted by the filer, law firm, service company, | 25 | | or messenger physically in person or, at the Secretary of | 26 | | State's discretion, by electronic means, to the Department's |
| | | 10000HB3514ham001 | - 11 - | LRB100 07685 JLS 25569 a |
|
| 1 | | Springfield Office or Chicago Office and includes requests for | 2 | | certified copies, photocopies, and certificates of existence | 3 | | or abstracts of computer record made to the Department's | 4 | | Springfield Office in person or by telephone, or requests for | 5 | | certificates of existence or abstracts of computer record made | 6 | | in person or by telephone to the Department's Chicago Office. A | 7 | | request submitted by electronic means may not be considered a | 8 | | request for expedited services solely because of its submission | 9 | | by electronic means, unless expedited service is requested by | 10 | | the filer. | 11 | | (e) Fees for expedited services shall be as follows: | 12 | | Merger or conversion, $200; | 13 | | Certificate of limited partnership, $100; | 14 | | Certificate of amendment, $100; | 15 | | Reinstatement, $100; | 16 | | Application for admission to transact business, $100; | 17 | | Certificate of existence or abstract of computer | 18 | | record, $20; | 19 | | All other filings, copies of documents, annual renewal | 20 | | reports, and copies of documents of canceled limited | 21 | | partnerships, $50.
| 22 | | (Source: P.A. 97-839, eff. 7-20-12; 98-463, eff. 8-16-13.)
| 23 | | Section 99. Effective date. This Act takes effect July 1, | 24 | | 2018.".
|
|