Public Act 099-0620
 
SB2303 EnrolledLRB099 14534 KTG 38654 b


  
    AN ACT concerning business.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Business Corporation Act of 1983 is amended  
by changing Sections 15.95 and 15.97 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. 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 
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.

    (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. 95-331, eff. 8-21-07.)

 



    (805 ILCS 5/15.97)  (from Ch. 32, par. 15.97)



    Sec. 15.97. Corporate Franchise Tax Refund Fund. 

    (a) Beginning July 1, 1993, a percentage of the amounts 
collected
under Sections 15.35, 15.45, 15.65, and 15.75 of this 
Act shall be
deposited into the Corporate Franchise Tax Refund 
Fund, a special Fund
hereby created in the State treasury.  From 
July 1, 1993, until December 31,
1994, there shall be deposited 
into the Fund 3% of the amounts received
under those Sections.  
Beginning January 1, 1995, and for each fiscal year
beginning 
thereafter, 2% of the amounts collected under those Sections

during the preceding fiscal year shall be deposited into the 
Fund.

    (b) Beginning July 1, 1993, moneys in the Fund shall be 
expended
exclusively for the purpose of paying refunds payable 
because of overpayment
of franchise taxes, penalties, or 
interest under Sections 13.70, 15.35,
15.45, 15.65, 15.75, and 
16.05 of this
Act and making transfers authorized under this 
Section.  Refunds in
accordance with the provisions of 
subsections (f) and (g) of Section 1.15
and Section 1.17 of 
this Act may be made from the Fund only to the extent that

amounts collected under Sections 15.35, 15.45, 15.65, and 15.75 
of this Act
have been deposited in the Fund and remain 
available.  On or before August 31 of each year, the balance in 
the Fund in excess of $100,000 shall be transferred to the 
General Revenue Fund. Within a reasonable
time after the 30th 
day of June of each year, the Secretary of State shall
direct 
and the Comptroller shall order transferred to the General 
Revenue Fund
all amounts in excess of $100,000 remaining in the 
fund as of June 30.

    (c) This Act shall constitute an irrevocable and continuing

appropriation from the Corporate Franchise Tax Refund Fund for 
the purpose
of paying refunds upon the order of the Secretary 
of State in accordance
with the provisions of this Section.

(Source: P.A. 93-59, eff. 7-1-03.)

 
    Section 10. 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 Limited Liability 
Partnership Fund.

    (d) There is hereby continued in the State treasury a 
special fund to be
known as the Division
of Corporations 
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. The balance of the Fund at the end of any 
fiscal year shall not exceed
$200,000, and any amount
in excess 
thereof shall be transferred to the General Revenue Fund.

(Source: P.A. 97-839, eff. 7-20-12.)