Public Act 100-0186
 
HB3514 EnrolledLRB100 07685 JLS 17751 b


  
    AN ACT concerning business.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 1. Public policy.  The practice of electronic filing 
of documents with the Secretary of State's Office is salutary 
and should be encouraged. Electronic filing reduces errors, 
saves paper, and saves money. As such, the people of Illinois 
and their nonprofits and businesses should not be charged extra 
fees to electronically file over and above what they would be 
charged if they file in person at the Secretary of State's 
Office. During this transition period where the Secretary of 
State's Office moves more of its customers to electronic filing 
with no extra fee, sufficient funds to operate the Office 
should also be ensured.
 
    Section 5. The Secretary of State Act is amended  by adding 
Section 18 as follows:
 
    (15 ILCS 305/18 new)
    Sec. 18. Electronic Filing Supplemental Deposits into 
Department of Business Services Special Operations Fund. When a 
submission to the Secretary of State is made electronically, 
but does not include a request for expedited services, pursuant 
to the provisions of this amendatory Act of the 100th General 
Assembly up to $25 for each such transaction under the General 
Not For Profit Corporation Act of 1986 and up to $50 from each 
such transaction under the Business Corporation Act of 1983, 
the Limited Liability Company Act, or the Uniform Limited 
Partnership Act (2001) shall be deposited into the Department 
of Business Services Special Operations Fund, and the remainder 
of any fee deposited into the General Revenue Fund. However, in 
no circumstance may the supplemental deposits provided by this 
Section cause the total deposits into the Special Operations 
Fund in any fiscal year from electronic submissions under the 
Business Corporation Act of 1983, the General Not For Profit 
Corporation Act of 1986, the Limited Liability Company Act, the 
Uniform Partnership Act (1997), and the Uniform Limited 
Partnership Act (2001), whether or not for expedited services, 
to exceed $11,326,225. The Secretary of State has the authority 
to adopt rules necessary to implement this Section, in 
accordance with the Illinois Administrative Procedure Act. 
This Section does not apply on or after July 1, 2021.
 
    Section 10. The Business Corporation Act of 1983 is amended  
by changing Section 15.95 as follows:
 


    (805 ILCS 5/15.95)  (from Ch. 32, par. 15.95)




    Sec. 15.95. Department of Business Services Special 
Operations Fund. 

    (a) A
special fund in the State treasury known as the 
Division of
Corporations Special Operations
Fund is renamed the 
Department of Business Services Special Operations
Fund.  
Moneys deposited into the Fund shall, subject to appropriation, 
be
used by the Department of Business Services of the
Office of 
the Secretary of State,
hereinafter "Department", to create and 
maintain the
capability
to perform
expedited services in 
response to special requests made by the public for
same day or 
24 hour service.  Moneys deposited into the Fund shall be used

for, but not limited to, expenditures for personal services, 
retirement,
social security, contractual services, equipment, 
electronic data
processing, and telecommunications.

    (b) On or before August 31 of each year, the balance in the 
Fund in excess of $600,000 shall be transferred to the General 
Revenue Fund.

    (c) All fees payable to the Secretary of State under this 
Section
shall be deposited into the Fund.  No other fees or 
taxes collected under
this Act shall be deposited into the 
Fund.

    (d) "Expedited services" means services rendered within 
the same day,
or within 24 hours from the time, the request 
therefor is submitted by the
filer, law firm, service company, 
or messenger physically in person or, at
the Secretary of 
State's discretion, by electronic means, to the
Department's 
Springfield Office and includes requests for
certified copies,

photocopies, and certificates of good standing or fact made to 
the
Department's Springfield Office in person or by telephone,

or requests for
certificates of good standing or fact made in 
person or by telephone to the
Department's Chicago Office. A 
request submitted by electronic means may not be considered a 
request for expedited services solely because of its submission 
by electronic means, unless expedited service is requested by 
the filer.

    (e) Fees for expedited services shall be as follows:

    Restatement of articles, $200;

    Merger, consolidation or exchange, $200;

    Articles of incorporation, $100;

    Articles of amendment, $100;

    Revocation of dissolution, $100;

    Reinstatement, $100;

    Application for authority, $100;

    Cumulative report of changes in issued shares or
paid-in 
capital, $100;

    Report following merger or consolidation, $100;

    Certificate of good standing or fact, $20;

    All other filings, copies of documents, annual reports

filed on or after January 1, 1984, and copies of documents of 
dissolved or
revoked
corporations having a
file number over 
5199, $50.

    (f) Expedited services shall not be available for a 
statement of
correction, a petition for refund or adjustment, 
or a request involving
annual reports filed before January 1, 
1984 or involving dissolved corporations
with a
file number 
below 5200.

(Source: P.A. 99-620, eff. 1-1-17.)

 
    Section 15. The Limited Liability Company Act is amended  by 
changing Section 50-50 as follows:
 



    (805 ILCS 180/50-50)



    Sec. 50-50. Department of Business Services Special 
Operations Fund. 

    (a) A special fund in the State treasury is created and 
shall be known as
the
Department of Business Services Special 
Operations Fund. Moneys deposited into
the Fund
shall, subject 
to appropriation, be used by the Department of Business 
Services
of the Office
of the Secretary of State, hereinafter 
"Department", to create and maintain the
capability to
perform 
expedited services in response to special requests made by the 
public
for same-day
or 24-hour service. Moneys deposited into 
the Fund shall be used for, but not
limited to,
expenditures 
for personal services, retirement, Social Security, 
contractual
services,
equipment, electronic data processing, 
and telecommunications.

    (b) The balance in the Fund at the end of any fiscal year 
shall not exceed
$600,000,
and any amount in excess thereof 
shall be transferred to the General Revenue
Fund.

    (c) All fees payable to the Secretary of State under this 
Section shall be
deposited
into the Fund. No other fees or 
charges collected under this Act
shall be
deposited into the

Fund.

    (d) "Expedited services" means services rendered within 
the same day, or
within 24
hours from the time, the request 
therefor is submitted by the filer, law firm,
service company,

or messenger physically in person or, at the Secretary of 
State's discretion,
by electronic means, to the Department's 
Springfield Office and
includes
requests for certified copies, 
photocopies, and certificates of good standing
made to the

Department's Springfield Office in person or by telephone, or 
requests for
certificates of
good standing made in person or by 
telephone to the Department's Chicago
Office. A request 
submitted by electronic means may not be considered a request 
for expedited services solely because of its submission by 
electronic means, unless expedited service is requested by the 
filer.

    (e) Fees for expedited services shall be as follows:

    Restated articles of organization, $200;

    Merger or conversion, $200;

    Articles of organization, $100;

    Articles of amendment, $100;

    Reinstatement, $100;

    Application for admission to transact business, $100;

    Certificate of good standing or abstract of computer 
record, $20;

    All other filings, copies of documents, annual reports, and 
copies of
documents of
dissolved or revoked limited liability 
companies, $50.

(Source: P.A. 92-33, eff. 7-1-01; 93-32, eff. 9-1-03.)

 
    Section 20. The Uniform Partnership Act (1997) is amended  
by changing Section 108 as follows:
 


    (805 ILCS 206/108)




    Sec. 108. Fees. 

    (a) The Secretary of State shall charge and collect in 
accordance with
the provisions of this
Act and rules 
promulgated under its authority:

        (1) fees for filing documents;

        (2) miscellaneous charges; and

        (3) fees for the sale of lists of filings and for 
    copies of any documents.

    (b) The Secretary of State shall charge and collect:

        (1) for furnishing a copy or certified copy of any 
    document, instrument,
or paper relating
to a registered 
    limited liability partnership, $25;

        (2) for the transfer of information by computer process 
    media to any
purchaser, fees
established by rule;

        (3) for filing a statement of partnership authority, 
    $25;

        (4) for filing a statement of denial, $25;

        (5) for filing a statement of dissociation, $25;

        (6) for filing a statement of dissolution, $100;

        (7) for filing a statement of merger, $100;

        (8) for filing a statement of qualification for a 
    limited liability
partnership organized under the
laws of 
    this State, $100 for each partner, but in no event shall 
    the fee be
less than $200 or
exceed $5,000;

        (9) for filing a statement of foreign qualification, 
    $500;

        (10) for filing a renewal statement for a limited 
    liability partnership
organized under the laws of
this 
    State, $100 for each partner, but in no event shall the fee 
    be
less than $200 or
exceed $5,000;

        (11) for filing a renewal statement for a foreign 
    limited liability
partnership, $300;

        (12) for filing an amendment or cancellation of a 
    statement, $25;

        (13) for filing a statement of withdrawal, $100;

        (14) for the purposes of changing the registered agent 
    name or registered
office, or both,
$25;

        (15) for filing an application for reinstatement, 
    $200;
        (16) for filing any other document, $25. 
    (c) All fees collected pursuant to this Act shall be 
deposited into the
Division of
Corporations Registered Limited 
Liability Partnership Fund.

    (d) There is hereby continued in the State treasury a 
special fund to be
known as the Division
of Corporations 
Registered Limited Liability Partnership Fund. Moneys 
deposited into the
Fund shall,
subject to appropriation, be 
used by the Business Services Division of the
Office of the

Secretary of State to administer the responsibilities of the 
Secretary of
 State under this Act.
On or before August 31 of 
each year, the balance in the Fund in excess of $200,000 shall 
be transferred to the General Revenue Fund.

    (e) Filings, including annual reports, made by electronic 
means shall be treated as if submitted in person and may not be 
charged excess fees as expedited services solely because of 
submission by electronic means. 
(Source: P.A. 99-620, eff. 1-1-17; 99-933, eff. 1-27-17; 
revised 2-2-17.)

 
    Section 25. The
Uniform Limited Partnership Act (2001) is 
amended  by changing Section 1308 as follows:
 
    (805 ILCS 215/1308)

    Sec. 1308. Department of Business Services Special 
Operations Fund. 
    (a) A special fund in the State Treasury is created and 
shall be known as the Department of Business Services Special 
Operations Fund. Moneys deposited into the Fund shall, subject 
to appropriation, be used by the Department of Business 
Services of the Office of the Secretary of State, hereinafter 
"Department", to create and maintain the capability to perform 
expedited services in response to special requests made by the 
public for same day or 24 hour service. Moneys deposited into 
the Fund shall be used for, but not limited to, expenditures 
for personal services, retirement, Social Security, 
contractual services, equipment, electronic data processing, 
and telecommunications.
    (b)  The balance in the Fund at the end of any fiscal year 
shall not exceed $600,000 and any amount in excess thereof 
shall be transferred to the General Revenue Fund.
    (c)  All fees payable to the Secretary of State under this 
Section shall be deposited into the Fund. No other fees or 
charges collected under this Act shall be deposited into the 
Fund.
    (d)  "Expedited services" means services rendered within 
the same day, or within 24 hours from the time the request 
therefor is submitted by the filer, law firm, service company, 
or messenger physically in person or, at the Secretary of 
State's discretion, by electronic means, to the Department's 
Springfield Office or Chicago Office and includes requests for 
certified copies, photocopies, and certificates of existence 
or abstracts of computer record made to the Department's 
Springfield Office in person or by telephone, or requests for 
certificates of existence or abstracts of computer record made 
in person or by telephone to the Department's Chicago Office. A 
request submitted by electronic means may not be considered a 
request for expedited services solely because of its submission 
by electronic means, unless expedited service is requested by 
the filer.
    (e)  Fees for expedited services shall be as follows:
        Merger or conversion, $200;
        Certificate of limited partnership, $100;
        Certificate of amendment, $100;
        Reinstatement, $100;
        Application for admission to transact business, $100;
        Certificate of existence or abstract of computer 
    record, $20;
        All other filings, copies of documents, annual renewal 
    reports, and copies of documents of canceled limited 
    partnerships, $50.


(Source: P.A. 97-839, eff. 7-20-12; 98-463, eff. 8-16-13.)

 
    Section 99. Effective date. This Act takes effect July 1, 
2018.