Full Text of HB3514 100th General Assembly
HB3514 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3514 Introduced , by Rep. Peter Breen SYNOPSIS AS INTRODUCED: |
| 805 ILCS 5/15.95 | from Ch. 32, par. 15.95 | 805 ILCS 105/115.20 | from Ch. 32, par. 115.20 | 805 ILCS 180/50-50 | | 805 ILCS 206/108 | | 805 ILCS 215/1308 | |
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Amends the Business Corporation Act of 1983, General Not For Profit Corporation Act of 1986, Limited Liability Company Act, Uniform Partnership Act (1997), and Uniform Limited Partnership Act (2001). Provides that filings with the Secretary of State by entities organized under those Acts may not be deemed expedited services subject to certain fees solely because the filings are made electronically.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 5. The Business Corporation Act of 1983 is amended | 5 | | by changing Section 15.95 as follows:
| 6 | | (805 ILCS 5/15.95) (from Ch. 32, par. 15.95)
| 7 | | Sec. 15.95. Department of Business Services Special | 8 | | Operations Fund.
| 9 | | (a) A
special fund in the State treasury known as the | 10 | | Division of
Corporations Special Operations
Fund is renamed the | 11 | | Department of Business Services Special Operations
Fund. | 12 | | Moneys deposited into the Fund shall, subject to appropriation, | 13 | | be
used by the Department of Business Services of the
Office of | 14 | | the Secretary of State,
hereinafter "Department", to create and | 15 | | maintain the
capability
to perform
expedited services in | 16 | | response to special requests made by the public for
same day or | 17 | | 24 hour service. Moneys deposited into the Fund shall be used
| 18 | | for, but not limited to, expenditures for personal services, | 19 | | retirement,
social security, contractual services, equipment, | 20 | | electronic data
processing, and telecommunications.
| 21 | | (b) On or before August 31 of each year, the balance in the | 22 | | Fund in excess of $600,000 shall be transferred to the General | 23 | | Revenue Fund.
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| 1 | | (c) All fees payable to the Secretary of State under this | 2 | | Section
shall be deposited into the Fund. No other fees or | 3 | | taxes collected under
this Act shall be deposited into the | 4 | | Fund.
| 5 | | (d) "Expedited services" means services rendered within | 6 | | the same day,
or within 24 hours from the time, the request | 7 | | therefor is submitted by the
filer, law firm, service company, | 8 | | or messenger physically in person or, at
the Secretary of | 9 | | State's discretion, by electronic means, to the
Department's | 10 | | Springfield Office and includes requests for
certified copies,
| 11 | | photocopies, and certificates of good standing or fact made to | 12 | | the
Department's Springfield Office in person or by telephone,
| 13 | | or requests for
certificates of good standing or fact made in | 14 | | person or by telephone to the
Department's Chicago Office.
| 15 | | (e) Fees for expedited services shall be as follows:
| 16 | | Restatement of articles, $200;
| 17 | | Merger, consolidation or exchange, $200;
| 18 | | Articles of incorporation, $100;
| 19 | | Articles of amendment, $100;
| 20 | | Revocation of dissolution, $100;
| 21 | | Reinstatement, $100;
| 22 | | Application for authority, $100;
| 23 | | Cumulative report of changes in issued shares or
paid-in | 24 | | capital, $100;
| 25 | | Report following merger or consolidation, $100;
| 26 | | Certificate of good standing or fact, $20;
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| 1 | | All other filings, copies of documents, annual reports
| 2 | | filed on or after January 1, 1984, and copies of documents of | 3 | | dissolved or
revoked
corporations having a
file number over | 4 | | 5199, $50. Filings, including annual reports, made by | 5 | | electronic means shall be treated as if submitted by mail and | 6 | | may not be considered expedited services solely because of | 7 | | their submission by electronic means.
| 8 | | (f) Expedited services shall not be available for a | 9 | | statement of
correction, a petition for refund or adjustment, | 10 | | or a request involving
annual reports filed before January 1, | 11 | | 1984 or involving dissolved corporations
with a
file number | 12 | | below 5200.
| 13 | | (Source: P.A. 99-620, eff. 1-1-17 .)
| 14 | | Section 10. The General Not For Profit Corporation Act of | 15 | | 1986 is amended by changing Section 115.20 as follows:
| 16 | | (805 ILCS 105/115.20) (from Ch. 32, par. 115.20)
| 17 | | Sec. 115.20. Expedited service fees.
| 18 | | (a) The Secretary of State may charge and collect a fee
for | 19 | | expedited services as follows:
| 20 | | Certificates of good standing or fact, $10;
| 21 | | All filings, copies of documents, annual reports filed on | 22 | | or after January
1, 1984, and copies of documents of dissolved | 23 | | corporations having a file number
over 5199, $25.
| 24 | | (b) Expedited services shall not be available for a |
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| 1 | | statement of
correction or any request for copies
involving | 2 | | annual reports filed before January 1,
1984 or involving | 3 | | dissolved
corporations with a file number below 5200.
| 4 | | (c) All moneys collected under this Section shall be | 5 | | deposited
into the Department of Business Services
Special | 6 | | Operations Fund. No other fees
or taxes collected under this | 7 | | Act shall be deposited into that Fund.
| 8 | | (d) As used in this Section, "expedited services" has the | 9 | | meaning
ascribed thereto in Section 15.95 of the Business | 10 | | Corporation Act of 1983. | 11 | | (e) Filings, including annual reports, made by electronic | 12 | | means shall be treated as if submitted by mail and may not be | 13 | | considered expedited services solely because of their | 14 | | submission by electronic means.
| 15 | | (Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03.)
| 16 | | Section 15. The Limited Liability Company Act is amended by | 17 | | changing Section 50-50 as follows:
| 18 | | (805 ILCS 180/50-50)
| 19 | | Sec. 50-50. Department of Business Services Special | 20 | | Operations Fund.
| 21 | | (a) A special fund in the State treasury is created and | 22 | | shall be known as
the
Department of Business Services Special | 23 | | Operations Fund. Moneys deposited into
the Fund
shall, subject | 24 | | to appropriation, be used by the Department of Business |
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| 1 | | Services
of the Office
of the Secretary of State, hereinafter | 2 | | "Department", to create and maintain the
capability to
perform | 3 | | expedited services in response to special requests made by the | 4 | | public
for same-day
or 24-hour service. Moneys deposited into | 5 | | the Fund shall be used for, but not
limited to,
expenditures | 6 | | for personal services, retirement, Social Security, | 7 | | contractual
services,
equipment, electronic data processing, | 8 | | and telecommunications.
| 9 | | (b) The balance in the Fund at the end of any fiscal year | 10 | | shall not exceed
$600,000,
and any amount in excess thereof | 11 | | shall be transferred to the General Revenue
Fund.
| 12 | | (c) All fees payable to the Secretary of State under this | 13 | | Section shall be
deposited
into the Fund. No other fees or | 14 | | charges collected under this Act
shall be
deposited into the
| 15 | | Fund.
| 16 | | (d) "Expedited services" means services rendered within | 17 | | the same day, or
within 24
hours from the time, the request | 18 | | therefor is submitted by the filer, law firm,
service company,
| 19 | | or messenger physically in person or, at the Secretary of | 20 | | State's discretion,
by electronic means, to the Department's | 21 | | Springfield Office and
includes
requests for certified copies, | 22 | | photocopies, and certificates of good standing
made to the
| 23 | | Department's Springfield Office in person or by telephone, or | 24 | | requests for
certificates of
good standing made in person or by | 25 | | telephone to the Department's Chicago
Office.
| 26 | | (e) Fees for expedited services shall be as follows:
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| 1 | | Restated articles of organization, $200;
| 2 | | Merger or conversion, $200;
| 3 | | Articles of organization, $100;
| 4 | | Articles of amendment, $100;
| 5 | | Reinstatement, $100;
| 6 | | Application for admission to transact business, $100;
| 7 | | Certificate of good standing or abstract of computer | 8 | | record, $20;
| 9 | | All other filings, copies of documents, annual reports, and | 10 | | copies of
documents of
dissolved or revoked limited liability | 11 | | companies, $50. Filings, including annual reports, made by | 12 | | electronic means shall be treated as if submitted by mail and | 13 | | may not be considered expedited services solely because of | 14 | | their submission by electronic means.
| 15 | | (Source: P.A. 92-33, eff. 7-1-01; 93-32, eff. 9-1-03.)
| 16 | | Section 20. The Uniform Partnership Act (1997) is amended | 17 | | by changing Section 108 as follows:
| 18 | | (805 ILCS 206/108)
| 19 | | Sec. 108. Fees.
| 20 | | (a) The Secretary of State shall charge and collect in | 21 | | accordance with
the provisions of this
Act and rules | 22 | | promulgated under its authority:
| 23 | | (1) fees for filing documents;
| 24 | | (2) miscellaneous charges; and
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| 1 | | (3) fees for the sale of lists of filings and for | 2 | | copies of any documents.
| 3 | | (b) The Secretary of State shall charge and collect:
| 4 | | (1) for furnishing a copy or certified copy of any | 5 | | document, instrument,
or paper relating
to a registered | 6 | | limited liability partnership, $25;
| 7 | | (2) for the transfer of information by computer process | 8 | | media to any
purchaser, fees
established by rule;
| 9 | | (3) for filing a statement of partnership authority, | 10 | | $25;
| 11 | | (4) for filing a statement of denial, $25;
| 12 | | (5) for filing a statement of dissociation, $25;
| 13 | | (6) for filing a statement of dissolution, $100;
| 14 | | (7) for filing a statement of merger, $100;
| 15 | | (8) for filing a statement of qualification for a | 16 | | limited liability
partnership organized under the
laws of | 17 | | this State, $100 for each partner, but in no event shall | 18 | | the fee be
less than $200 or
exceed $5,000;
| 19 | | (9) for filing a statement of foreign qualification, | 20 | | $500;
| 21 | | (10) for filing a renewal statement for a limited | 22 | | liability partnership
organized under the laws of
this | 23 | | State, $100 for each partner, but in no event shall the fee | 24 | | be
less than $200 or
exceed $5,000;
| 25 | | (11) for filing a renewal statement for a foreign | 26 | | limited liability
partnership, $300;
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| 1 | | (12) for filing an amendment or cancellation of a | 2 | | statement, $25;
| 3 | | (13) for filing a statement of withdrawal, $100;
| 4 | | (14) for the purposes of changing the registered agent | 5 | | name or registered
office, or both,
$25;
| 6 | | (15) for filing an application for reinstatement, | 7 | | $200; | 8 | | (16) for filing any other document, $25. | 9 | | (c) All fees collected pursuant to this Act shall be | 10 | | deposited into the
Division of
Corporations Registered Limited | 11 | | Liability Partnership Fund.
| 12 | | (d) There is hereby continued in the State treasury a | 13 | | special fund to be
known as the Division
of Corporations | 14 | | Registered Limited Liability Partnership Fund. Moneys | 15 | | deposited into the
Fund shall,
subject to appropriation, be | 16 | | used by the Business Services Division of the
Office of the
| 17 | | Secretary of State to administer the responsibilities of the | 18 | | Secretary of
State under this Act.
On or before August 31 of | 19 | | each year, the balance in the Fund in excess of $200,000 shall | 20 | | be transferred to the General Revenue Fund.
| 21 | | (e) Filings, including annual reports, made by electronic | 22 | | means shall be treated as if submitted by mail and may not be | 23 | | considered expedited services solely because of their | 24 | | submission by electronic means. | 25 | | (Source: P.A. 99-620, eff. 1-1-17; 99-933, eff. 1-27-17; | 26 | | revised 2-2-17.)
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| 1 | | Section 25. The
Uniform Limited Partnership Act (2001) is | 2 | | amended by changing Section 1308 as follows: | 3 | | (805 ILCS 215/1308)
| 4 | | Sec. 1308. Department of Business Services Special | 5 | | Operations Fund. | 6 | | (a) A special fund in the State Treasury is created and | 7 | | shall be known as the Department of Business Services Special | 8 | | Operations Fund. Moneys deposited into the Fund shall, subject | 9 | | to appropriation, be used by the Department of Business | 10 | | Services of the Office of the Secretary of State, hereinafter | 11 | | "Department", to create and maintain the capability to perform | 12 | | expedited services in response to special requests made by the | 13 | | public for same day or 24 hour service. Moneys deposited into | 14 | | the Fund shall be used for, but not limited to, expenditures | 15 | | for personal services, retirement, Social Security, | 16 | | contractual services, equipment, electronic data processing, | 17 | | and telecommunications. | 18 | | (b) The balance in the Fund at the end of any fiscal year | 19 | | shall not exceed $600,000 and any amount in excess thereof | 20 | | shall be transferred to the General 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 | | charges collected under this Act shall be deposited into the | 24 | | Fund. |
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| 1 | | (d) "Expedited services" means services rendered within | 2 | | the same day, or within 24 hours from the time the request | 3 | | therefor is submitted by the filer, law firm, service company, | 4 | | or messenger physically in person or, at the Secretary of | 5 | | State's discretion, by electronic means, to the Department's | 6 | | Springfield Office or Chicago Office and includes requests for | 7 | | certified copies, photocopies, and certificates of existence | 8 | | or abstracts of computer record made to the Department's | 9 | | Springfield Office in person or by telephone, or requests for | 10 | | certificates of existence or abstracts of computer record made | 11 | | in person or by telephone to the Department's Chicago Office. | 12 | | (e) Fees for expedited services shall be as follows: | 13 | | Merger or conversion, $200; | 14 | | Certificate of limited partnership, $100; | 15 | | Certificate of amendment, $100; | 16 | | Reinstatement, $100; | 17 | | Application for admission to transact business, $100; | 18 | | Certificate of existence or abstract of computer | 19 | | record, $20; | 20 | | All other filings, copies of documents, annual renewal | 21 | | reports, and copies of documents of canceled limited | 22 | | partnerships, $50.
Filings, including annual reports, made | 23 | | by electronic means shall be treated as if submitted by | 24 | | mail and may not be considered expedited services solely | 25 | | because of their submission by electronic means.
| 26 | | (Source: P.A. 97-839, eff. 7-20-12; 98-463, eff. 8-16-13.)
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