Illinois 98th Regular Session Status: Passed Senate

SB 3557 — ASSUMED BUSINESS NAME RENEWAL

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 98th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Assumed Business Name Act. Provides that filings under the Act shall be in the manner prescribed by the County Clerk. Provides for the renewal of assumed business names every 5 years in counties with a population of more than 4,000,000 inhabitants. Authorizes the withdrawal of an assumed name. Authorizes an increase in filing fees.

Bill Text

What changed in the latest version

71 added · 78 removed

Plain-language change summary

The recent amendment to SB 3557 includes a new requirement for assumed business names to be renewed every five years, with notifications sent to owners at least 90 days prior to the renewal date. If the renewal notice is undeliverable, the County Clerk has the option to cancel the business name. This change aims to ensure that business records are current and reflects an effort to maintain accurate information about businesses operating under assumed names, which can help consumers and other businesses. The amendment also introduced a renewal fee of $25, contributing to the administrative costs of managing these filings.

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*LRB09817841JLS52965b* SB3557 98TH GENERAL ASSEMBLY State of Illinois and 2014 SB3557 Introduced 2/14/2014, by Sen.
SB3557 Engrossed LRB098 17841 JLS 52965 b AN ACT concerning business.
Donne E.
Trotter SYNOPSIS AS INTRODUCED:
ILCS 405/1 from Ch.
96, par.
4 ILCS 405/3 from Ch.
96, par.
6 ILCS 405/3a from Ch.
96, par.
6a Amends the Assumed Business Name Act.
Provides that filings under the Act shall be in the manner prescribed by the County Clerk.
Provides for the renewal of assumed business names every 5 years in counties with a population of more than 4,000,000 inhabitants.
Authorizes the withdrawal of an assumed name.
Authorizes an increase in filing fees.
LRB098 17841 JLS 52965 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB3557 LRB098 17841 JLS 52965 b AN ACT concerning business.
The certificate shall be executed and duly acknowledged by the person or persons so conducting or SB3557 - 2 - LRB098 17841 JLS 52965 b intending to conduct the business.
The certificate shall be executed and duly acknowledged by the person or persons so conducting or SB3557 Engrossed - 2 - LRB098 17841 JLS 52965 b intending to conduct the business.
If any business organization for which such certificate has been filed in any county of this State shall remove its SB3557 - 3 - LRB098 17841 JLS 52965 b place of business to another county in this State or shall establish an additional location for doing business in another county of this State, a certificate shall be filed in the office of the County Clerk of such other county and notice of the filing of such certificate of a change or addition of a name shall be published and proof of publication made pursuant to the provisions of this section in the same manner as is provided for original certificates to do business under an assumed name.
If any business organization for which such certificate has been filed in any county of this State shall remove its SB3557 Engrossed - 3 - LRB098 17841 JLS 52965 b place of business to another county in this State or shall establish an additional location for doing business in another county of this State, a certificate shall be filed in the office of the County Clerk of such other county and notice of the filing of such certificate of a change or addition of a name shall be published and proof of publication made pursuant to the provisions of this section in the same manner as is provided for original certificates to do business under an assumed name.
The County Clerk of the county in which a certificate is filed shall notify the person of the renewal date.
Certificates on record as of the effective date of this amendatory Act of the 98th General Assembly shall be renewed within 5 years after that effective date by a date established by the County Clerk of the county in which the certificate is filed.
Failure to renew the certificate before the renewal date shall result in the removal of the person's assumed name from the index maintained under Section 3.
The County Clerk shall notify the person or persons of the renewal date at least 90 days before the renewal date.
If the notice sent by the County Clerk is sent to an address set forth in the assumed name certificate, as amended, and the notice is returned as undeliverable at that address, the County Clerk may at his or her discretion cancel SB3557 Engrossed - 4 - LRB098 17841 JLS 52965 b that certificate.
Failure to renew the certificate before the renewal date shall result in the cancellation of the person's assumed name in the index maintained under Section 3.
By ordinance of its governing board, a county with fewer than 4,000,000 inhabitants may adopt this subsection, making its provisions applicable to that county as if its population exceeded 4,000,000 inhabitants.
The several County Clerks of this State shall keep SB3557 - 4 - LRB098 17841 JLS 52965 b an alphabetical index of all persons filing certificates pursuant to Sections 1 and 2, and for the indexing and filing of such certificate shall receive a fee established by the County Clerk in an amount not exceeding $50 of $5.00.
The several County Clerks of this State shall keep an alphabetical index of all persons filing certificates pursuant to Sections 1 and 2, and for the indexing and filing of such certificate shall receive a fee established by the County Clerk in an amount not exceeding $50 of $5.00.
Any person who has executed and filed the certificate required by Section 1 or 2 of this Act and who wishes to withdraw his name from the business organization shall have the certificate cancelled in whole or in part by filing in the office of the County Clerk where the certificate is filed, a supplementary certificate under oath, showing that such person or persons have ceased doing business under the assumed name, or that the person or persons executing the supplementary certificate have no further connection with or financial interest in the business carried on under such assumed name;
Any person who has executed and filed the certificate required by Section 1 or 2 of this Act and who wishes to withdraw his name from the business organization SB3557 Engrossed - 5 - LRB098 17841 JLS 52965 b shall have the certificate cancelled in whole or in part by filing in the office of the County Clerk where the certificate is filed, a supplementary certificate under oath, showing that such person or persons have ceased doing business under the assumed name, or that the person or persons executing the supplementary certificate have no further connection with or financial interest in the business carried on under such assumed name;
whereupon the County Clerk shall note opposite the trade name theretofore registered, the word "cancelled" and the date of cancellation, or, in the case of withdrawal only of one or more but less than all of the registrants, the clerk shall note the word "Withdrawn" after the name of each party SB3557 - 5 - LRB098 17841 JLS 52965 b filing the supplementary certificate indicating the withdrawal, together with the date of such withdrawal.
whereupon the County Clerk shall note opposite the trade name theretofore registered, the word "cancelled" and the date of cancellation, or, in the case of withdrawal only of one or more but less than all of the registrants, the clerk shall note the word "Withdrawn" after the name of each party filing the supplementary certificate indicating the withdrawal, together with the date of such withdrawal.
Where a person files a certificate pursuant to Section 1 or 2 setting out a change of his name, or that his name is an addition to an organization doing business under an assumed name which has previously been registered, the County Clerk shall note on the index of such person's name the word "changed" or "addition" as the case may be.
Where a person files a certificate pursuant to Section 1 or 2 setting out a change of his name, or that his name is an SB3557 Engrossed - 6 - LRB098 17841 JLS 52965 b addition to an organization doing business under an assumed name which has previously been registered, the County Clerk shall note on the index of such person's name the word "changed" or "addition" as the case may be.
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Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Balanced Budget Note Filed

  4. State Debt Impact Note Filed

  5. Pension Note Filed

  6. Fiscal Note Filed

  7. State Mandates Fiscal Note Filed

  8. Home Rule Note Filed

  9. Housing Affordability Impact Note Filed

  10. Judicial Note Filed

  11. Land Conveyance Appraisal Note Filed

  12. Correctional Note Filed

  13. Fiscal Note Requested by Rep. Ed Sullivan, Jr.

  14. Held on Calendar Order of Second Reading - Short Debate

  15. Second Reading - Short Debate

  16. Placed on Calendar 2nd Reading - Short Debate

  17. Do Pass / Short Debate Executive Committee; 007-004-000

  18. Final Action Deadline Extended-9(b) May 30, 2014

  19. Committee Deadline Extended-Rule 9(b) May 23, 2014

  20. Assigned to Executive Committee

  21. Referred to Rules Committee

  22. First Reading

  23. Chief House Sponsor Rep. Michael J. Madigan

  24. Arrived in House

  25. Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  26. Third Reading - Passed; 040-017-000

  27. Added as Chief Co-Sponsor Sen. Kwame Raoul

  28. Added as Chief Co-Sponsor Sen. Mattie Hunter

  29. Added as Chief Co-Sponsor Sen. William Delgado

  30. Added as Co-Sponsor Sen. Kimberly A. Lightford

  31. Placed on Calendar Order of 3rd Reading April 7, 2014

  32. Second Reading

  33. Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments

  34. Placed on Calendar Order of 2nd Reading March 27, 2014

  35. Do Pass as Amended Local Government; 010-003-000

  36. Senate Committee Amendment No. 2 Adopted

  37. Senate Committee Amendment No. 1 Postponed - Local Government

  38. Senate Committee Amendment No. 2 Assignments Refers to Local Government

  39. Senate Committee Amendment No. 2 Referred to Assignments

  40. Senate Committee Amendment No. 2 Filed with Secretary by Sen. Donne E. Trotter

  41. Senate Committee Amendment No. 1 Postponed - Local Government

  42. Postponed - Local Government

  43. Senate Committee Amendment No. 1 Assignments Refers to Local Government

  44. Senate Committee Amendment No. 1 Referred to Assignments

  45. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Donne E. Trotter

  46. Assigned to Local Government

  47. Referred to Assignments

  48. First Reading

  49. Filed with Secretary by Sen. Donne E. Trotter

Sponsors

  • Donne E. Trotter · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on · 4 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Donne E. Trotter

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 40 Yea · 17 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 281302
Democrat 12100
Republican 0300
Total 401702
% of votes cast 68%29%0%3%
How each member voted (59)
Member Party Vote
Kotowski — Yea
Luechtefeld — Nay
Manar — Yea
Althoff — Nay
Martinez — Yea
Barickman — Nay
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Nay
Bush — Yea
Link — Yea
Forby — Yea
LaHood — Nay
Landek — Yea
Harris — Yea
McCann — Yea
McCarter — Nay
McConnaughay — Not Voting
Mulroe — Yea
McGuire — Yea
Muñoz — Yea
Sullivan — Yea
Jacobs — Yea
Noland — Yea
Cullerton — Yea
Oberweis — Nay
Silverstein — Yea
Brady — Nay
Steans — Yea
Trotter — Yea
Cullerton, T. — Not Voting
Clayborne — Yea
Connelly — Nay
Dillard — Nay
Duffy — Nay
Frerichs — Yea
Haine — Yea
Hutchinson — Yea
Radogno — Nay
Raoul — Yea
Righter — Nay
Sandoval — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Nay
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Nay
Dave Syverson Republican Nay
Sue Rezin Republican Nay

Official roll call →

Subjects

taxation labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 3557 do?
Amends the Assumed Business Name Act. Provides that filings under the Act shall be in the manner prescribed by the County Clerk. Provides for the renewal of assumed business names every 5 years in counties with a population of more than 4,000,000 inhabitants. Authorizes the withdrawal of an assumed name. Authorizes an increase in filing fees.
Who sponsors SB 3557?
SB 3557 is sponsored by Donne E. Trotter.
What is the current status of SB 3557?
This bill died with 98th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 3557?
Track SB 3557 free on One Click Politics — get push/email alerts when it moves.

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