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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2196 Introduced 2/10/2011, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED:
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| 805 ILCS 5/15.93 new | | 805 ILCS 5/15.95 | from Ch. 32, par. 15.95 |
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Amends the State Finance Act. Provides that 15% of all moneys received by the State of Illinois from franchise tax litigation shall be deposited into the Secretary of State's Department of Business Services Special Operations Fund. Provides that the moneys in the fund shall be used by the Department of Business Services of the Office of the Secretary of State for expenses related to audit, enforcement, and operational duties in addition to pre-existing uses. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | SB2196 | | LRB097 05665 AEK 45728 b |
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| 1 | | AN ACT concerning finance.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Business Corporation Act of 1983 is amended |
| 5 | | by adding Section 15.93 and changing Section 15.95 as follows:
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| 6 | | (805 ILCS 5/15.93 new) |
| 7 | | Sec. 15.93. Audit and enforcement funding. Fifteen percent |
| 8 | | of all moneys received by the State of Illinois from franchise |
| 9 | | tax litigation, either by settlement or judgment, under |
| 10 | | Articles 15 and 16 of this Act shall be deposited into the |
| 11 | | Secretary of State's Department of Business Services Special |
| 12 | | Operations Fund.
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| 13 | | (805 ILCS 5/15.95) (from Ch. 32, par. 15.95)
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| 14 | | Sec. 15.95. Department of Business Services Special |
| 15 | | Operations Fund.
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| 16 | | (a) A
special fund in the State treasury known as the |
| 17 | | Division of
Corporations Special Operations
Fund is renamed the |
| 18 | | Department of Business Services Special Operations
Fund. |
| 19 | | Moneys deposited into the Fund shall, subject to appropriation, |
| 20 | | be
used by the Department of Business Services of the
Office of |
| 21 | | the Secretary of State,
hereinafter "Department", to create and |
| 22 | | maintain the
capability
to perform
expedited services in |
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| | SB2196 | - 2 - | LRB097 05665 AEK 45728 b |
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| 1 | | response to special requests made by the public for
same day or |
| 2 | | 24 hour service, and for expenses related to audit, |
| 3 | | enforcement, and operational duties. Moneys deposited into the |
| 4 | | Fund shall be used
for, but not limited to, expenditures for |
| 5 | | personal services, retirement,
social security, contractual |
| 6 | | services, equipment, electronic data
processing, and |
| 7 | | telecommunications.
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| 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.
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| 11 | | (c) All fees payable to the Secretary of State under this |
| 12 | | Section and Section 15.93
shall be deposited into the Fund. No |
| 13 | | other fees or taxes collected under
this Act shall be deposited |
| 14 | | into the Fund.
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| 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 and includes requests for
certified copies,
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| 21 | | photocopies, and certificates of good standing or fact made to |
| 22 | | the
Department's Springfield Office in person or by telephone,
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| 23 | | or requests for
certificates of good standing or fact made in |
| 24 | | person or by telephone to the
Department's Chicago Office.
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| 25 | | (e) Fees for expedited services shall be as follows:
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| 26 | | Restatement of articles, $200;
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| 1 | | Merger, consolidation or exchange, $200;
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| 2 | | Articles of incorporation, $100;
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| 3 | | Articles of amendment, $100;
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| 4 | | Revocation of dissolution, $100;
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| 5 | | Reinstatement, $100;
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| 6 | | Application for authority, $100;
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| 7 | | Cumulative report of changes in issued shares or
paid-in |
| 8 | | capital, $100;
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| 9 | | Report following merger or consolidation, $100;
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| 10 | | Certificate of good standing or fact, $20;
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| 11 | | All other filings, copies of documents, annual reports
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| 12 | | filed on or after January 1, 1984, and copies of documents of |
| 13 | | dissolved or
revoked
corporations having a
file number over |
| 14 | | 5199, $50.
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| 15 | | (f) Expedited services shall not be available for a |
| 16 | | statement of
correction, a petition for refund or adjustment, |
| 17 | | or a request involving
annual reports filed before January 1, |
| 18 | | 1984 or involving dissolved corporations
with a
file number |
| 19 | | below 5200.
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| 20 | | (Source: P.A. 95-331, eff. 8-21-07.)
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| 21 | | Section 99. Effective date. This Act takes effect upon |
| 22 | | becoming law.
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