Rep. Peter Breen

Filed: 4/25/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3514

2    AMENDMENT NO. ______. Amend House Bill 3514 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Public policy. The practice of electronic
5filing of documents with the Secretary of State's Office is
6salutary and should be encouraged. Electronic filing reduces
7errors, saves paper, and saves money. As such, the people of
8Illinois and their nonprofits and businesses should not be
9charged extra fees to electronically file over and above what
10they would be charged if they file in person at the Secretary
11of State's Office. During this transition period where the
12Secretary of State's Office moves more of its customers to
13electronic filing with no extra fee, sufficient funds to
14operate the Office should also be ensured.
 
15    Section 5. The Secretary of State Act is amended by adding
16Section 18 as follows:
 

 

 

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1    (15 ILCS 305/18 new)
2    Sec. 18. Electronic Filing Supplemental Deposits into
3Department of Business Services Special Operations Fund. When a
4submission to the Secretary of State is made electronically,
5but does not include a request for expedited services, pursuant
6to the provisions of this amendatory Act of the 100th General
7Assembly up to $25 for each such transaction under the General
8Not For Profit Corporation Act of 1986 and up to $50 from each
9such transaction under the Business Corporation Act of 1983,
10the Limited Liability Company Act, or the Uniform Limited
11Partnership Act (2001) shall be deposited into the Department
12of Business Services Special Operations Fund, and the remainder
13of any fee deposited into the General Revenue Fund. However, in
14no circumstance may the supplemental deposits provided by this
15Section cause the total deposits into the Special Operations
16Fund in any fiscal year from electronic submissions under the
17Business Corporation Act of 1983, the General Not For Profit
18Corporation Act of 1986, the Limited Liability Company Act, the
19Uniform Partnership Act (1997), and the Uniform Limited
20Partnership Act (2001), whether or not for expedited services,
21to exceed $11,326,225. The Secretary of State has the authority
22to adopt rules necessary to implement this Section, in
23accordance with the Illinois Administrative Procedure Act.
24This Section does not apply on or after July 1, 2021.
 

 

 

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1    Section 10. The Business Corporation Act of 1983 is amended
2by 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
5Operations Fund.
6    (a) A special fund in the State treasury known as the
7Division of Corporations Special Operations Fund is renamed the
8Department of Business Services Special Operations Fund.
9Moneys deposited into the Fund shall, subject to appropriation,
10be used by the Department of Business Services of the Office of
11the Secretary of State, hereinafter "Department", to create and
12maintain the capability to perform expedited services in
13response to special requests made by the public for same day or
1424 hour service. Moneys deposited into the Fund shall be used
15for, but not limited to, expenditures for personal services,
16retirement, social security, contractual services, equipment,
17electronic data processing, and telecommunications.
18    (b) On or before August 31 of each year, the balance in the
19Fund in excess of $600,000 shall be transferred to the General
20Revenue Fund.
21    (c) All fees payable to the Secretary of State under this
22Section shall be deposited into the Fund. No other fees or
23taxes collected under this Act shall be deposited into the
24Fund.
25    (d) "Expedited services" means services rendered within

 

 

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1the same day, or within 24 hours from the time, the request
2therefor is submitted by the filer, law firm, service company,
3or messenger physically in person or, at the Secretary of
4State's discretion, by electronic means, to the Department's
5Springfield Office and includes requests for certified copies,
6photocopies, and certificates of good standing or fact made to
7the Department's Springfield Office in person or by telephone,
8or requests for certificates of good standing or fact made in
9person or by telephone to the Department's Chicago Office. A
10request submitted by electronic means may not be considered a
11request for expedited services solely because of its submission
12by electronic means, unless expedited service is requested by
13the 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
23capital, $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

 

 

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1filed on or after January 1, 1984, and copies of documents of
2dissolved or revoked corporations having a file number over
35199, $50.
4    (f) Expedited services shall not be available for a
5statement of correction, a petition for refund or adjustment,
6or a request involving annual reports filed before January 1,
71984 or involving dissolved corporations with a file number
8below 5200.
9(Source: P.A. 99-620, eff. 1-1-17.)
 
10    Section 15. The Limited Liability Company Act is amended by
11changing Section 50-50 as follows:
 
12    (805 ILCS 180/50-50)
13    Sec. 50-50. Department of Business Services Special
14Operations Fund.
15    (a) A special fund in the State treasury is created and
16shall be known as the Department of Business Services Special
17Operations Fund. Moneys deposited into the Fund shall, subject
18to appropriation, be used by the Department of Business
19Services of the Office of the Secretary of State, hereinafter
20"Department", to create and maintain the capability to perform
21expedited services in response to special requests made by the
22public for same-day or 24-hour service. Moneys deposited into
23the Fund shall be used for, but not limited to, expenditures
24for personal services, retirement, Social Security,

 

 

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1contractual services, equipment, electronic data processing,
2and telecommunications.
3    (b) The balance in the Fund at the end of any fiscal year
4shall not exceed $600,000, and any amount in excess thereof
5shall be transferred to the General Revenue Fund.
6    (c) All fees payable to the Secretary of State under this
7Section shall be deposited into the Fund. No other fees or
8charges collected under this Act shall be deposited into the
9Fund.
10    (d) "Expedited services" means services rendered within
11the same day, or within 24 hours from the time, the request
12therefor is submitted by the filer, law firm, service company,
13or messenger physically in person or, at the Secretary of
14State's discretion, by electronic means, to the Department's
15Springfield Office and includes requests for certified copies,
16photocopies, and certificates of good standing made to the
17Department's Springfield Office in person or by telephone, or
18requests for certificates of good standing made in person or by
19telephone to the Department's Chicago Office. A request
20submitted by electronic means may not be considered a request
21for expedited services solely because of its submission by
22electronic means, unless expedited service is requested by the
23filer.
24    (e) Fees for expedited services shall be as follows:
25    Restated articles of organization, $200;
26    Merger or conversion, $200;

 

 

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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
6record, $20;
7    All other filings, copies of documents, annual reports, and
8copies of documents of dissolved or revoked limited liability
9companies, $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
12by 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
16accordance with the provisions of this Act and rules
17promulgated 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

 

 

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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;

 

 

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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
5deposited into the Division of Corporations Registered Limited
6Liability Partnership Fund.
7    (d) There is hereby continued in the State treasury a
8special fund to be known as the Division of Corporations
9Registered Limited Liability Partnership Fund. Moneys
10deposited into the Fund shall, subject to appropriation, be
11used by the Business Services Division of the Office of the
12Secretary of State to administer the responsibilities of the
13Secretary of State under this Act. On or before August 31 of
14each year, the balance in the Fund in excess of $200,000 shall
15be transferred to the General Revenue Fund.
16    (e) Filings, including annual reports, made by electronic
17means shall be treated as if submitted in person and may not be
18charged excess fees as expedited services solely because of
19submission by electronic means.
20(Source: P.A. 99-620, eff. 1-1-17; 99-933, eff. 1-27-17;
21revised 2-2-17.)
 
22    Section 25. The Uniform Limited Partnership Act (2001) is
23amended by changing Section 1308 as follows:
 
24    (805 ILCS 215/1308)

 

 

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1    Sec. 1308. Department of Business Services Special
2Operations Fund.
3    (a) A special fund in the State Treasury is created and
4shall be known as the Department of Business Services Special
5Operations Fund. Moneys deposited into the Fund shall, subject
6to appropriation, be used by the Department of Business
7Services of the Office of the Secretary of State, hereinafter
8"Department", to create and maintain the capability to perform
9expedited services in response to special requests made by the
10public for same day or 24 hour service. Moneys deposited into
11the Fund shall be used for, but not limited to, expenditures
12for personal services, retirement, Social Security,
13contractual services, equipment, electronic data processing,
14and telecommunications.
15    (b) The balance in the Fund at the end of any fiscal year
16shall not exceed $600,000 and any amount in excess thereof
17shall be transferred to the General Revenue Fund.
18    (c) All fees payable to the Secretary of State under this
19Section shall be deposited into the Fund. No other fees or
20charges collected under this Act shall be deposited into the
21Fund.
22    (d) "Expedited services" means services rendered within
23the same day, or within 24 hours from the time the request
24therefor is submitted by the filer, law firm, service company,
25or messenger physically in person or, at the Secretary of
26State's discretion, by electronic means, to the Department's

 

 

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1Springfield Office or Chicago Office and includes requests for
2certified copies, photocopies, and certificates of existence
3or abstracts of computer record made to the Department's
4Springfield Office in person or by telephone, or requests for
5certificates of existence or abstracts of computer record made
6in person or by telephone to the Department's Chicago Office. A
7request submitted by electronic means may not be considered a
8request for expedited services solely because of its submission
9by electronic means, unless expedited service is requested by
10the 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,
242018.".