Bill Text: IL HB3514 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2017-05-25 - Passed Both Houses [HB3514 Detail]

Download: Illinois-2017-HB3514-Enrolled.html



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1 AN ACT concerning business.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Public policy. The practice of electronic filing
5of documents with the Secretary of State's Office is salutary
6and should be encouraged. Electronic filing reduces errors,
7saves paper, and saves money. As such, the people of Illinois
8and their nonprofits and businesses should not be charged extra
9fees to electronically file over and above what they would be
10charged if they file in person at the Secretary of State's
11Office. During this transition period where the Secretary of
12State's Office moves more of its customers to electronic filing
13with no extra fee, sufficient funds to operate the Office
14should also be ensured.
15 Section 5. The Secretary of State Act is amended by adding
16Section 18 as follows:
17 (15 ILCS 305/18 new)
18 Sec. 18. Electronic Filing Supplemental Deposits into
19Department of Business Services Special Operations Fund. When a
20submission to the Secretary of State is made electronically,
21but does not include a request for expedited services, pursuant
22to the provisions of this amendatory Act of the 100th General

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1Assembly up to $25 for each such transaction under the General
2Not For Profit Corporation Act of 1986 and up to $50 from each
3such transaction under the Business Corporation Act of 1983,
4the Limited Liability Company Act, or the Uniform Limited
5Partnership Act (2001) shall be deposited into the Department
6of Business Services Special Operations Fund, and the remainder
7of any fee deposited into the General Revenue Fund. However, in
8no circumstance may the supplemental deposits provided by this
9Section cause the total deposits into the Special Operations
10Fund in any fiscal year from electronic submissions under the
11Business Corporation Act of 1983, the General Not For Profit
12Corporation Act of 1986, the Limited Liability Company Act, the
13Uniform Partnership Act (1997), and the Uniform Limited
14Partnership Act (2001), whether or not for expedited services,
15to exceed $11,326,225. The Secretary of State has the authority
16to adopt rules necessary to implement this Section, in
17accordance with the Illinois Administrative Procedure Act.
18This Section does not apply on or after July 1, 2021.
19 Section 10. The Business Corporation Act of 1983 is amended
20by 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
23Operations Fund.
24 (a) A special fund in the State treasury known as the

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1Division of Corporations Special Operations Fund is renamed the
2Department of Business Services Special Operations Fund.
3Moneys deposited into the Fund shall, subject to appropriation,
4be used by the Department of Business Services of the Office of
5the Secretary of State, hereinafter "Department", to create and
6maintain the capability to perform expedited services in
7response to special requests made by the public for same day or
824 hour service. Moneys deposited into the Fund shall be used
9for, but not limited to, expenditures for personal services,
10retirement, social security, contractual services, equipment,
11electronic data processing, and telecommunications.
12 (b) On or before August 31 of each year, the balance in the
13Fund in excess of $600,000 shall be transferred to the General
14Revenue Fund.
15 (c) All fees payable to the Secretary of State under this
16Section shall be deposited into the Fund. No other fees or
17taxes collected under this Act shall be deposited into the
18Fund.
19 (d) "Expedited services" means services rendered within
20the same day, or within 24 hours from the time, the request
21therefor is submitted by the filer, law firm, service company,
22or messenger physically in person or, at the Secretary of
23State's discretion, by electronic means, to the Department's
24Springfield Office and includes requests for certified copies,
25photocopies, and certificates of good standing or fact made to
26the Department's Springfield Office in person or by telephone,

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1or requests for certificates of good standing or fact made in
2person or by telephone to the Department's Chicago Office. A
3request submitted by electronic means may not be considered a
4request for expedited services solely because of its submission
5by electronic means, unless expedited service is requested by
6the 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
16capital, $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
20filed on or after January 1, 1984, and copies of documents of
21dissolved or revoked corporations having a file number over
225199, $50.
23 (f) Expedited services shall not be available for a
24statement of correction, a petition for refund or adjustment,
25or a request involving annual reports filed before January 1,
261984 or involving dissolved corporations with a file number

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1below 5200.
2(Source: P.A. 99-620, eff. 1-1-17.)
3 Section 15. The Limited Liability Company Act is amended by
4changing Section 50-50 as follows:
5 (805 ILCS 180/50-50)
6 Sec. 50-50. Department of Business Services Special
7Operations Fund.
8 (a) A special fund in the State treasury is created and
9shall be known as the Department of Business Services Special
10Operations Fund. Moneys deposited into the Fund shall, subject
11to appropriation, be used by the Department of Business
12Services of the Office of the Secretary of State, hereinafter
13"Department", to create and maintain the capability to perform
14expedited services in response to special requests made by the
15public for same-day or 24-hour service. Moneys deposited into
16the Fund shall be used for, but not limited to, expenditures
17for personal services, retirement, Social Security,
18contractual services, equipment, electronic data processing,
19and telecommunications.
20 (b) The balance in the Fund at the end of any fiscal year
21shall not exceed $600,000, and any amount in excess thereof
22shall be transferred to the General Revenue Fund.
23 (c) All fees payable to the Secretary of State under this
24Section shall be deposited into the Fund. No other fees or

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1charges collected under this Act shall be deposited into the
2Fund.
3 (d) "Expedited services" means services rendered within
4the same day, or within 24 hours from the time, the request
5therefor is submitted by the filer, law firm, service company,
6or messenger physically in person or, at the Secretary of
7State's discretion, by electronic means, to the Department's
8Springfield Office and includes requests for certified copies,
9photocopies, and certificates of good standing made to the
10Department's Springfield Office in person or by telephone, or
11requests for certificates of good standing made in person or by
12telephone to the Department's Chicago Office. A request
13submitted by electronic means may not be considered a request
14for expedited services solely because of its submission by
15electronic means, unless expedited service is requested by the
16filer.
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
25record, $20;
26 All other filings, copies of documents, annual reports, and

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1copies of documents of dissolved or revoked limited liability
2companies, $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
5by 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
9accordance with the provisions of this Act and rules
10promulgated 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
24deposited into the Division of Corporations Registered Limited
25Liability Partnership Fund.
26 (d) There is hereby continued in the State treasury a

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1special fund to be known as the Division of Corporations
2Registered Limited Liability Partnership Fund. Moneys
3deposited into the Fund shall, subject to appropriation, be
4used by the Business Services Division of the Office of the
5Secretary of State to administer the responsibilities of the
6Secretary of State under this Act. On or before August 31 of
7each year, the balance in the Fund in excess of $200,000 shall
8be transferred to the General Revenue Fund.
9 (e) Filings, including annual reports, made by electronic
10means shall be treated as if submitted in person and may not be
11charged excess fees as expedited services solely because of
12submission by electronic means.
13(Source: P.A. 99-620, eff. 1-1-17; 99-933, eff. 1-27-17;
14revised 2-2-17.)
15 Section 25. The Uniform Limited Partnership Act (2001) is
16amended by changing Section 1308 as follows:
17 (805 ILCS 215/1308)
18 Sec. 1308. Department of Business Services Special
19Operations Fund.
20 (a) A special fund in the State Treasury is created and
21shall be known as the Department of Business Services Special
22Operations Fund. Moneys deposited into the Fund shall, subject
23to appropriation, be used by the Department of Business
24Services of the Office of the Secretary of State, hereinafter

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

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1request for expedited services solely because of its submission
2by electronic means, unless expedited service is requested by
3the 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.)
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