Full Text of HB3514 100th General Assembly
HB3514enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Public policy. The practice of electronic filing | 5 | | of documents with the Secretary of State's Office is salutary | 6 | | and should be encouraged. Electronic filing reduces errors, | 7 | | saves paper, and saves money. As such, the people of Illinois | 8 | | and their nonprofits and businesses should not be charged extra | 9 | | fees to electronically file over and above what they would be | 10 | | charged if they file in person at the Secretary of State's | 11 | | Office. During this transition period where the Secretary of | 12 | | State's Office moves more of its customers to electronic filing | 13 | | with no extra fee, sufficient funds to operate the Office | 14 | | should also be ensured. | 15 | | Section 5. The Secretary of State Act is amended by adding | 16 | | Section 18 as follows: | 17 | | (15 ILCS 305/18 new) | 18 | | Sec. 18. Electronic Filing Supplemental Deposits into | 19 | | Department of Business Services Special Operations Fund. When a | 20 | | submission to the Secretary of State is made electronically, | 21 | | but does not include a request for expedited services, pursuant | 22 | | to the provisions of this amendatory Act of the 100th General |
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| 1 | | Assembly up to $25 for each such transaction under the General | 2 | | Not For Profit Corporation Act of 1986 and up to $50 from each | 3 | | such transaction under the Business Corporation Act of 1983, | 4 | | the Limited Liability Company Act, or the Uniform Limited | 5 | | Partnership Act (2001) shall be deposited into the Department | 6 | | of Business Services Special Operations Fund, and the remainder | 7 | | of any fee deposited into the General Revenue Fund. However, in | 8 | | no circumstance may the supplemental deposits provided by this | 9 | | Section cause the total deposits into the Special Operations | 10 | | Fund in any fiscal year from electronic submissions under the | 11 | | Business Corporation Act of 1983, the General Not For Profit | 12 | | Corporation Act of 1986, the Limited Liability Company Act, the | 13 | | Uniform Partnership Act (1997), and the Uniform Limited | 14 | | Partnership Act (2001), whether or not for expedited services, | 15 | | to exceed $11,326,225. The Secretary of State has the authority | 16 | | to adopt rules necessary to implement this Section, in | 17 | | accordance with the Illinois Administrative Procedure Act. | 18 | | This Section does not apply on or after July 1, 2021. | 19 | | Section 10. The Business Corporation Act of 1983 is amended | 20 | | by changing Section 15.95 as follows:
| 21 | | (805 ILCS 5/15.95) (from Ch. 32, par. 15.95)
| 22 | | Sec. 15.95. Department of Business Services Special | 23 | | Operations Fund.
| 24 | | (a) A
special fund in the State treasury known as the |
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| 1 | | Division of
Corporations Special Operations
Fund is renamed the | 2 | | Department of Business Services Special Operations
Fund. | 3 | | Moneys deposited into the Fund shall, subject to appropriation, | 4 | | be
used by the Department of Business Services of the
Office of | 5 | | the Secretary of State,
hereinafter "Department", to create and | 6 | | maintain the
capability
to perform
expedited services in | 7 | | response to special requests made by the public for
same day or | 8 | | 24 hour service. Moneys deposited into the Fund shall be used
| 9 | | for, but not limited to, expenditures for personal services, | 10 | | retirement,
social security, contractual services, equipment, | 11 | | electronic data
processing, and telecommunications.
| 12 | | (b) On or before August 31 of each year, the balance in the | 13 | | Fund in excess of $600,000 shall be transferred to the General | 14 | | Revenue Fund.
| 15 | | (c) All fees payable to the Secretary of State under this | 16 | | Section
shall be deposited into the Fund. No other fees or | 17 | | taxes collected under
this Act shall be deposited into the | 18 | | Fund.
| 19 | | (d) "Expedited services" means services rendered within | 20 | | the same day,
or within 24 hours from the time, the request | 21 | | therefor is submitted by the
filer, law firm, service company, | 22 | | or messenger physically in person or, at
the Secretary of | 23 | | State's discretion, by electronic means, to the
Department's | 24 | | Springfield Office and includes requests for
certified copies,
| 25 | | photocopies, and certificates of good standing or fact made to | 26 | | the
Department's Springfield Office in person or by telephone,
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| 1 | | or requests for
certificates of good standing or fact made in | 2 | | person or by telephone to the
Department's Chicago Office. A | 3 | | request submitted by electronic means may not be considered a | 4 | | request for expedited services solely because of its submission | 5 | | by electronic means, unless expedited service is requested by | 6 | | the filer.
| 7 | | (e) Fees for expedited services shall be as follows:
| 8 | | Restatement of articles, $200;
| 9 | | Merger, consolidation or exchange, $200;
| 10 | | Articles of incorporation, $100;
| 11 | | Articles of amendment, $100;
| 12 | | Revocation of dissolution, $100;
| 13 | | Reinstatement, $100;
| 14 | | Application for authority, $100;
| 15 | | Cumulative report of changes in issued shares or
paid-in | 16 | | capital, $100;
| 17 | | Report following merger or consolidation, $100;
| 18 | | Certificate of good standing or fact, $20;
| 19 | | All other filings, copies of documents, annual reports
| 20 | | filed on or after January 1, 1984, and copies of documents of | 21 | | dissolved or
revoked
corporations having a
file number over | 22 | | 5199, $50.
| 23 | | (f) Expedited services shall not be available for a | 24 | | statement of
correction, a petition for refund or adjustment, | 25 | | or a request involving
annual reports filed before January 1, | 26 | | 1984 or involving dissolved corporations
with a
file number |
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| 1 | | below 5200.
| 2 | | (Source: P.A. 99-620, eff. 1-1-17 .)
| 3 | | Section 15. The Limited Liability Company Act is amended by | 4 | | changing Section 50-50 as follows:
| 5 | | (805 ILCS 180/50-50)
| 6 | | Sec. 50-50. Department of Business Services Special | 7 | | Operations Fund.
| 8 | | (a) A special fund in the State treasury is created and | 9 | | shall be known as
the
Department of Business Services Special | 10 | | Operations Fund. Moneys deposited into
the Fund
shall, subject | 11 | | to appropriation, be used by the Department of Business | 12 | | Services
of the Office
of the Secretary of State, hereinafter | 13 | | "Department", to create and maintain the
capability to
perform | 14 | | expedited services in response to special requests made by the | 15 | | public
for same-day
or 24-hour service. Moneys deposited into | 16 | | the Fund shall be used for, but not
limited to,
expenditures | 17 | | for personal services, retirement, Social Security, | 18 | | contractual
services,
equipment, electronic data processing, | 19 | | and telecommunications.
| 20 | | (b) The balance in the Fund at the end of any fiscal year | 21 | | shall not exceed
$600,000,
and any amount in excess thereof | 22 | | shall be transferred to the General Revenue
Fund.
| 23 | | (c) All fees payable to the Secretary of State under this | 24 | | Section shall be
deposited
into the Fund. No other fees or |
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| 1 | | charges collected under this Act
shall be
deposited into the
| 2 | | Fund.
| 3 | | (d) "Expedited services" means services rendered within | 4 | | the same day, or
within 24
hours from the time, the request | 5 | | therefor is submitted by the filer, law firm,
service company,
| 6 | | or messenger physically in person or, at the Secretary of | 7 | | State's discretion,
by electronic means, to the Department's | 8 | | Springfield Office and
includes
requests for certified copies, | 9 | | photocopies, and certificates of good standing
made to the
| 10 | | Department's Springfield Office in person or by telephone, or | 11 | | requests for
certificates of
good standing made in person or by | 12 | | telephone to the Department's Chicago
Office. A request | 13 | | submitted by electronic means may not be considered a request | 14 | | for expedited services solely because of its submission by | 15 | | electronic means, unless expedited service is requested by the | 16 | | filer.
| 17 | | (e) Fees for expedited services shall be as follows:
| 18 | | Restated articles of organization, $200;
| 19 | | Merger or conversion, $200;
| 20 | | Articles of organization, $100;
| 21 | | Articles of amendment, $100;
| 22 | | Reinstatement, $100;
| 23 | | Application for admission to transact business, $100;
| 24 | | Certificate of good standing or abstract of computer | 25 | | record, $20;
| 26 | | All other filings, copies of documents, annual reports, and |
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| 1 | | copies of
documents of
dissolved or revoked limited liability | 2 | | companies, $50.
| 3 | | (Source: P.A. 92-33, eff. 7-1-01; 93-32, eff. 9-1-03.)
| 4 | | Section 20. The Uniform Partnership Act (1997) is amended | 5 | | by changing Section 108 as follows:
| 6 | | (805 ILCS 206/108)
| 7 | | Sec. 108. Fees.
| 8 | | (a) The Secretary of State shall charge and collect in | 9 | | accordance with
the provisions of this
Act and rules | 10 | | promulgated under its authority:
| 11 | | (1) fees for filing documents;
| 12 | | (2) miscellaneous charges; and
| 13 | | (3) fees for the sale of lists of filings and for | 14 | | copies of any documents.
| 15 | | (b) The Secretary of State shall charge and collect:
| 16 | | (1) for furnishing a copy or certified copy of any | 17 | | document, instrument,
or paper relating
to a registered | 18 | | limited liability partnership, $25;
| 19 | | (2) for the transfer of information by computer process | 20 | | media to any
purchaser, fees
established by rule;
| 21 | | (3) for filing a statement of partnership authority, | 22 | | $25;
| 23 | | (4) for filing a statement of denial, $25;
| 24 | | (5) for filing a statement of dissociation, $25;
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| 1 | | (6) for filing a statement of dissolution, $100;
| 2 | | (7) for filing a statement of merger, $100;
| 3 | | (8) for filing a statement of qualification for a | 4 | | limited liability
partnership organized under the
laws of | 5 | | this State, $100 for each partner, but in no event shall | 6 | | the fee be
less than $200 or
exceed $5,000;
| 7 | | (9) for filing a statement of foreign qualification, | 8 | | $500;
| 9 | | (10) for filing a renewal statement for a limited | 10 | | liability partnership
organized under the laws of
this | 11 | | State, $100 for each partner, but in no event shall the fee | 12 | | be
less than $200 or
exceed $5,000;
| 13 | | (11) for filing a renewal statement for a foreign | 14 | | limited liability
partnership, $300;
| 15 | | (12) for filing an amendment or cancellation of a | 16 | | statement, $25;
| 17 | | (13) for filing a statement of withdrawal, $100;
| 18 | | (14) for the purposes of changing the registered agent | 19 | | name or registered
office, or both,
$25;
| 20 | | (15) for filing an application for reinstatement, | 21 | | $200; | 22 | | (16) for filing any other document, $25. | 23 | | (c) All fees collected pursuant to this Act shall be | 24 | | deposited into the
Division of
Corporations Registered Limited | 25 | | Liability Partnership Fund.
| 26 | | (d) There is hereby continued in the State treasury a |
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| 1 | | special fund to be
known as the Division
of Corporations | 2 | | Registered Limited Liability Partnership Fund. Moneys | 3 | | deposited into the
Fund shall,
subject to appropriation, be | 4 | | used by the Business Services Division of the
Office of the
| 5 | | Secretary of State to administer the responsibilities of the | 6 | | Secretary of
State under this Act.
On or before August 31 of | 7 | | each year, the balance in the Fund in excess of $200,000 shall | 8 | | be transferred to the General Revenue Fund.
| 9 | | (e) Filings, including annual reports, made by electronic | 10 | | means shall be treated as if submitted in person and may not be | 11 | | charged excess fees as expedited services solely because of | 12 | | submission by electronic means. | 13 | | (Source: P.A. 99-620, eff. 1-1-17; 99-933, eff. 1-27-17; | 14 | | revised 2-2-17.)
| 15 | | Section 25. The
Uniform Limited Partnership Act (2001) is | 16 | | amended by changing Section 1308 as follows: | 17 | | (805 ILCS 215/1308)
| 18 | | Sec. 1308. Department of Business Services Special | 19 | | Operations Fund. | 20 | | (a) A special fund in the State Treasury is created and | 21 | | shall be known as the Department of Business Services Special | 22 | | Operations Fund. Moneys deposited into the Fund shall, subject | 23 | | to appropriation, be used by the Department of Business | 24 | | Services of the Office of the Secretary of State, hereinafter |
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| 1 | | "Department", to create and maintain the capability to perform | 2 | | expedited services in response to special requests made by the | 3 | | public for same day or 24 hour service. Moneys deposited into | 4 | | the Fund shall be used for, but not limited to, expenditures | 5 | | for personal services, retirement, Social Security, | 6 | | contractual services, equipment, electronic data processing, | 7 | | and telecommunications. | 8 | | (b) The balance in the Fund at the end of any fiscal year | 9 | | shall not exceed $600,000 and any amount in excess thereof | 10 | | shall be transferred to the General Revenue Fund. | 11 | | (c) All fees payable to the Secretary of State under this | 12 | | Section shall be deposited into the Fund. No other fees or | 13 | | charges collected under this Act shall be deposited into the | 14 | | Fund. | 15 | | (d) "Expedited services" means services rendered within | 16 | | the same day, or within 24 hours from the time the request | 17 | | therefor is submitted by the filer, law firm, service company, | 18 | | or messenger physically in person or, at the Secretary of | 19 | | State's discretion, by electronic means, to the Department's | 20 | | Springfield Office or Chicago Office and includes requests for | 21 | | certified copies, photocopies, and certificates of existence | 22 | | or abstracts of computer record made to the Department's | 23 | | Springfield Office in person or by telephone, or requests for | 24 | | certificates of existence or abstracts of computer record made | 25 | | in person or by telephone to the Department's Chicago Office. A | 26 | | request submitted by electronic means may not be considered a |
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| 1 | | request for expedited services solely because of its submission | 2 | | by electronic means, unless expedited service is requested by | 3 | | the filer. | 4 | | (e) Fees for expedited services shall be as follows: | 5 | | Merger or conversion, $200; | 6 | | Certificate of limited partnership, $100; | 7 | | Certificate of amendment, $100; | 8 | | Reinstatement, $100; | 9 | | Application for admission to transact business, $100; | 10 | | Certificate of existence or abstract of computer | 11 | | record, $20; | 12 | | All other filings, copies of documents, annual renewal | 13 | | reports, and copies of documents of canceled limited | 14 | | partnerships, $50.
| 15 | | (Source: P.A. 97-839, eff. 7-20-12; 98-463, eff. 8-16-13.)
| 16 | | Section 99. Effective date. This Act takes effect July 1, | 17 | | 2018. |
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