Full Text of SB2303 99th General Assembly
SB2303 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2303 Introduced 1/27/2016, by Sen. Heather A. Steans SYNOPSIS AS INTRODUCED: |
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805 ILCS 5/15.95 | from Ch. 32, par. 15.95 |
805 ILCS 5/15.97 | from Ch. 32, par. 15.97 |
805 ILCS 206/108 |
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Amends the Business Corporation Act of 1983. In provisions concerning the Department of Business Services Special Operations
Fund, provides that 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 (rather than 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). In provisions concerning the Corporate Franchise Tax Refund Fund, provides that 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 (rather than 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). Amends the Uniform Partnership Act (1997). In a provision concerning the Division
of Corporations Limited Liability Partnership Fund, provides that 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 (rather than 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).
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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 Sections 15.95 and 15.97 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. The balance in the Fund at the end of any fiscal |
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| 1 | | year shall not
exceed $600,000 and any amount in excess thereof | 2 | | shall be
transferred to
the General Revenue Fund.
| 3 | | (c) All fees payable to the Secretary of State under this | 4 | | Section
shall be deposited into the Fund. No other fees or | 5 | | taxes collected under
this Act shall be deposited into the | 6 | | Fund.
| 7 | | (d) "Expedited services" means services rendered within | 8 | | the same day,
or within 24 hours from the time, the request | 9 | | therefor is submitted by the
filer, law firm, service company, | 10 | | or messenger physically in person or, at
the Secretary of | 11 | | State's discretion, by electronic means, to the
Department's | 12 | | Springfield Office and includes requests for
certified copies,
| 13 | | photocopies, and certificates of good standing or fact made to | 14 | | the
Department's Springfield Office in person or by telephone,
| 15 | | or requests for
certificates of good standing or fact made in | 16 | | person or by telephone to the
Department's Chicago Office.
| 17 | | (e) Fees for expedited services shall be as follows:
| 18 | | Restatement of articles, $200;
| 19 | | Merger, consolidation or exchange, $200;
| 20 | | Articles of incorporation, $100;
| 21 | | Articles of amendment, $100;
| 22 | | Revocation of dissolution, $100;
| 23 | | Reinstatement, $100;
| 24 | | Application for authority, $100;
| 25 | | Cumulative report of changes in issued shares or
paid-in | 26 | | capital, $100;
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| 1 | | Report following merger or consolidation, $100;
| 2 | | Certificate of good standing or fact, $20;
| 3 | | All other filings, copies of documents, annual reports
| 4 | | filed on or after January 1, 1984, and copies of documents of | 5 | | dissolved or
revoked
corporations having a
file number over | 6 | | 5199, $50.
| 7 | | (f) Expedited services shall not be available for a | 8 | | statement of
correction, a petition for refund or adjustment, | 9 | | or a request involving
annual reports filed before January 1, | 10 | | 1984 or involving dissolved corporations
with a
file number | 11 | | below 5200.
| 12 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 13 | | (805 ILCS 5/15.97) (from Ch. 32, par. 15.97)
| 14 | | Sec. 15.97. Corporate Franchise Tax Refund Fund.
| 15 | | (a) Beginning July 1, 1993, a percentage of the amounts | 16 | | collected
under Sections 15.35, 15.45, 15.65, and 15.75 of this | 17 | | Act shall be
deposited into the Corporate Franchise Tax Refund | 18 | | Fund, a special Fund
hereby created in the State treasury. From | 19 | | July 1, 1993, until December 31,
1994, there shall be deposited | 20 | | into the Fund 3% of the amounts received
under those Sections. | 21 | | Beginning January 1, 1995, and for each fiscal year
beginning | 22 | | thereafter, 2% of the amounts collected under those Sections
| 23 | | during the preceding fiscal year shall be deposited into the | 24 | | Fund.
| 25 | | (b) Beginning July 1, 1993, moneys in the Fund shall be |
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| 1 | | expended
exclusively for the purpose of paying refunds payable | 2 | | because of overpayment
of franchise taxes, penalties, or | 3 | | interest under Sections 13.70, 15.35,
15.45, 15.65, 15.75, and | 4 | | 16.05 of this
Act and making transfers authorized under this | 5 | | Section. Refunds in
accordance with the provisions of | 6 | | subsections (f) and (g) of Section 1.15
and Section 1.17 of | 7 | | this Act may be made from the Fund only to the extent that
| 8 | | amounts collected under Sections 15.35, 15.45, 15.65, and 15.75 | 9 | | of this Act
have been deposited in the Fund and remain | 10 | | available. On or before August 31 of each year, the balance in | 11 | | the Fund in excess of $100,000 shall be transferred to the | 12 | | General Revenue Fund. Within a reasonable
time after the 30th | 13 | | day of June of each year, the Secretary of State shall
direct | 14 | | and the Comptroller shall order transferred to the General | 15 | | Revenue Fund
all amounts in excess of $100,000 remaining in the | 16 | | fund as of June 30.
| 17 | | (c) This Act shall constitute an irrevocable and continuing
| 18 | | appropriation from the Corporate Franchise Tax Refund Fund for | 19 | | the purpose
of paying refunds upon the order of the Secretary | 20 | | of State in accordance
with the provisions of this Section.
| 21 | | (Source: P.A. 93-59, eff. 7-1-03.)
| 22 | | Section 10. The Uniform Partnership Act (1997) is amended | 23 | | by changing Section 108 as follows:
| 24 | | (805 ILCS 206/108)
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| 1 | | Sec. 108. Fees.
| 2 | | (a) The Secretary of State shall charge and collect in | 3 | | accordance with
the provisions of this
Act and rules | 4 | | promulgated under its authority:
| 5 | | (1) fees for filing documents;
| 6 | | (2) miscellaneous charges; and
| 7 | | (3) fees for the sale of lists of filings and for | 8 | | copies of any documents.
| 9 | | (b) The Secretary of State shall charge and collect:
| 10 | | (1) for furnishing a copy or certified copy of any | 11 | | document, instrument,
or paper relating
to a registered | 12 | | limited liability partnership, $25;
| 13 | | (2) for the transfer of information by computer process | 14 | | media to any
purchaser, fees
established by rule;
| 15 | | (3) for filing a statement of partnership authority, | 16 | | $25;
| 17 | | (4) for filing a statement of denial, $25;
| 18 | | (5) for filing a statement of dissociation, $25;
| 19 | | (6) for filing a statement of dissolution, $100;
| 20 | | (7) for filing a statement of merger, $100;
| 21 | | (8) for filing a statement of qualification for a | 22 | | limited liability
partnership organized under the
laws of | 23 | | this State, $100 for each partner, but in no event shall | 24 | | the fee be
less than $200 or
exceed $5,000;
| 25 | | (9) for filing a statement of foreign qualification, | 26 | | $500;
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| 1 | | (10) for filing a renewal statement for a limited | 2 | | liability partnership
organized under the laws of
this | 3 | | State, $100 for each partner, but in no event shall the fee | 4 | | be
less than $200 or
exceed $5,000;
| 5 | | (11) for filing a renewal statement for a foreign | 6 | | limited liability
partnership, $300;
| 7 | | (12) for filing an amendment or cancellation of a | 8 | | statement, $25;
| 9 | | (13) for filing a statement of withdrawal, $100;
| 10 | | (14) for the purposes of changing the registered agent | 11 | | name or registered
office, or both,
$25;
| 12 | | (15) for filing an application for reinstatement, | 13 | | $200; | 14 | | (16) for filing any other document, $25. | 15 | | (c) All fees collected pursuant to this Act shall be | 16 | | deposited into the
Division of
Corporations Limited Liability | 17 | | Partnership Fund.
| 18 | | (d) There is hereby continued in the State treasury a | 19 | | special fund to be
known as the Division
of Corporations | 20 | | Limited Liability Partnership Fund. Moneys deposited into the
| 21 | | Fund shall,
subject to appropriation, be used by the Business | 22 | | Services Division of the
Office of the
Secretary of State to | 23 | | administer the responsibilities of the Secretary of
State under | 24 | | this Act.
On or before August 31 of each year, the balance in | 25 | | the Fund in excess of $200,000 shall be transferred to the | 26 | | General Revenue Fund. The balance of the Fund at the end of any |
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| 1 | | fiscal year shall not exceed
$200,000, and any amount
in excess | 2 | | thereof shall be transferred to the General Revenue Fund.
| 3 | | (Source: P.A. 97-839, eff. 7-20-12.)
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