102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2401

 

Introduced 2/17/2021, by Rep. Suzanne Ness

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 305/5  from Ch. 124, par. 5

    Amends the Secretary of State Act. Provides that the Secretary of State has the duty to accept service of process only in those specifically mandated areas of the law and as determined by the General Assembly. Provides that the Secretary is not the default agent for service of process in the State of Illinois. Makes other changes.


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A BILL FOR

 

HB2401LRB102 16283 RJF 21665 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Secretary of State Act is amended by
5changing Section 5 as follows:
 
6    (15 ILCS 305/5)  (from Ch. 124, par. 5)
7    Sec. 5. It shall be the duty of the Secretary of State:
8    1. To countersign and affix the seal of state to all
9commissions required by law to be issued by the Governor.
10    2. To make a register of all appointments by the Governor,
11specifying the person appointed, the office conferred, the
12date of the appointment, the date when bond or oath is taken
13and the date filed. If Senate confirmation is required, the
14date of the confirmation shall be included in the register.
15    3. To make proper indexes to public acts, resolutions,
16papers and documents in the Secretary's his office.
17    3-a. To review all rules of all State agencies adopted in
18compliance with the codification system prescribed by the
19Secretary. The review shall be for the purposes and include
20all the powers and duties provided in the Illinois
21Administrative Procedure Act. The Secretary of State shall
22cooperate with the Legislative Information System to insure
23the accuracy of the text of the rules maintained under the

 

 

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1Legislative Information System Act.
2    4. To give any person requiring the same paying the lawful
3fees therefor, a copy of any law, act, resolution, record or
4paper in the Secretary's his office, and attach thereto the
5Secretary's his certificate, under the seal of the state.
6    5. To take charge of and preserve from waste, and keep in
7repair, the houses, lots, grounds and appurtenances, situated
8in the City of Springfield, and belonging to or occupied by the
9State, the care of which is not otherwise provided for by law,
10and to take charge of and preserve from waste, and keep in
11repair, the houses, lots, grounds and appurtenances, situated
12in the State outside the City of Springfield where such
13houses, lots, grounds and appurtenances are occupied by the
14Secretary of State and no other State officer or agency.
15    6. To supervise the distribution of the laws.
16    7. To perform such other duties as may be required by law.
17The Secretary of State may, within appropriations authorized
18by the General Assembly, maintain offices in the State Capital
19and in such other places in the State as the Secretary he may
20deem necessary to properly carry out the powers and duties
21vested in the Secretary him by law.
22    8. In addition to all other authority granted to the
23Secretary by law, subject to appropriation, to make grants or
24otherwise provide assistance to, among others without
25limitation, units of local government, school districts,
26educational institutions, private agencies, not-for-profit

 

 

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1organizations, and for-profit entities for the health, safety,
2and welfare of Illinois residents for purposes related to
3education, transportation, construction, capital
4improvements, social services, and any other lawful public
5purpose. Upon request of the Secretary, all State agencies are
6mandated to provide the Secretary with assistance in
7administering the grants.
8    9. To notify the Auditor General of any Public Act filed
9with the Office of the Secretary of State making an
10appropriation or transfer of funds from the State treasury.
11This paragraph (9) applies only through June 30, 2015.
12    10. To accept service of process only in those
13specifically mandated areas of the law and as determined by
14the General Assembly. The Secretary of State is not the
15default agent for service of process in the State of Illinois.
16(Source: P.A. 96-37, eff. 7-13-09; 96-1496, eff. 1-13-11.)