Illinois 96th Regular Session Status: Enacted

SB 1389 — CORPORATIONS-NO CERTIFICATE

Last action — Public Act . . . . . . . . . 96-0066

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

This bill has been enacted into law. Introduced February 11, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Library Incorporation Act, the State Housing Act, the Neighborhood Redevelopment Corporation Law, the Business Corporation Act of 1983, the General Not For Profit Corporation Act of 1986, the Co-operative Act, and the Cemetery Association Act. Eliminates the term "certificate" in the various acts. In the amendatory changes to the Co-operative Act, eliminates language requiring the Secretary of State to issue a certificate of incorporation along with a duplicate copy to an incorporator whose articles of incorporation conform to law, and instead provides that the Secretary of State shall return a true copy of the articles of incorporation to the incorporators or their representative, who shall within 15 days file such document for record in the office of the recorder. Updates references in the State Housing Act to the General Not For Profit Corporation Act of 1986 (rather than the General Not For Profit Corporation Act). Effective January 1, 2010.

Bill Text

What changed in the latest version

40 added · 40 removed

Plain-language change summary

The latest version of SB 1389 replaces the previous engrossed version with a new enrolled version, which includes additional lines of text. This change likely clarifies or expands upon certain aspects of the bill. Such updates are important because they can affect the interpretation and implementation of the law, ensuring it better addresses the needs it aims to meet.

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SB1389 Engrossed LRB096 08630 KTG 18753 b AN ACT concerning business.
SB1389 Enrolled LRB096 08630 KTG 18753 b AN ACT concerning business.
and thereupon the corporation shall be deemed fully organized and may proceed to carry out its corporate purposes, and may receive by conveyance, from the trustees under the will, deed or other instrument of donation, the property provided by will or otherwise as above stated for the endowment of the library, and may hold the same in whatever form it may have been received or conveyed by the trustees until such form is changed by the SB1389 Engrossed - 2 - LRB096 08630 KTG 18753 b action of the said corporation.
and thereupon the corporation shall be deemed fully organized and may proceed to carry out its corporate purposes, and may receive by conveyance, from the trustees under the will, deed or other instrument of donation, the property provided by will or otherwise as above stated for the endowment of the library, and may hold the same in whatever form it may have been received or conveyed by the trustees until such form is changed by the SB1389 Enrolled - 2 - LRB096 08630 KTG 18753 b action of the said corporation.
Such articles certificate of amendment, SB1389 Engrossed - 3 - LRB096 08630 KTG 18753 b with the duplicate original of the articles of amendment affixed thereto by the Secretary of State, shall be returned to the corporation or its representative and shall thereupon be filed by the corporation for record in the office of the recorder where the articles of incorporation are recorded.
Such articles certificate of amendment, SB1389 Enrolled - 3 - LRB096 08630 KTG 18753 b with the duplicate original of the articles of amendment affixed thereto by the Secretary of State, shall be returned to the corporation or its representative and shall thereupon be filed by the corporation for record in the office of the recorder where the articles of incorporation are recorded.
The trustees, managers or directors of any such corporation SB1389 Engrossed - 4 - LRB096 08630 KTG 18753 b shall compose its members, and shall not be less than 7 nor more than 25 in number;
The trustees, managers or directors of any such corporation SB1389 Enrolled - 4 - LRB096 08630 KTG 18753 b shall compose its members, and shall not be less than 7 nor more than 25 in number;
The trustees, managers or directors of such corporation shall, in the month of January in each year, cause to be made a SB1389 Engrossed - 5 - LRB096 08630 KTG 18753 b written report to the Secretary of State for the year ending on the preceding December 31 of the condition of the library and of the funds and other property of the corporation showing the assets and investments of such corporation in detail.
The trustees, managers or directors of such corporation shall, in the month of January in each year, cause to be made a SB1389 Enrolled - 5 - LRB096 08630 KTG 18753 b written report to the Secretary of State for the year ending on the preceding December 31 of the condition of the library and of the funds and other property of the corporation showing the assets and investments of such corporation in detail.
No housing corporation shall proceed to dissolution except upon the approval of the Illinois Housing SB1389 Engrossed - 6 - LRB096 08630 KTG 18753 b Development Authority, and the distribution of assets in dissolution shall be subject to the control and supervision of the Illinois Housing Development Authority.
No housing corporation shall proceed to dissolution except upon the approval of the Illinois Housing SB1389 Enrolled - 6 - LRB096 08630 KTG 18753 b Development Authority, and the distribution of assets in dissolution shall be subject to the control and supervision of the Illinois Housing Development Authority.
Housing corporations organized on a not-for-profit basis shall have the rights, privileges and immunities of, and shall be subject to the provisions of, the General Not For Profit Corporation Act of 1986, approved July SB1389 Engrossed - 7 - LRB096 08630 KTG 18753 b 17, 1943, as heretofore and hereafter amended, in so far as such provisions are not inconsistent with the provisions of this Act.
Housing corporations organized on a not-for-profit basis shall have the rights, privileges and immunities of, and shall be subject to the provisions of, the General Not For Profit Corporation Act of 1986, approved July SB1389 Enrolled - 7 - LRB096 08630 KTG 18753 b 17, 1943, as heretofore and hereafter amended, in so far as such provisions are not inconsistent with the provisions of this Act.
SB1389 Engrossed - 8 - LRB096 08630 KTG 18753 b (2) File one of such duplicate originals in his office.
SB1389 Enrolled - 8 - LRB096 08630 KTG 18753 b (2) File one of such duplicate originals in his office.
(5) To acquire, own, use, convey and otherwise dispose of SB1389 Engrossed - 9 - LRB096 08630 KTG 18753 b and deal in Real Property, however acquired, subject to the conditions and restrictions of this Act;
(5) To acquire, own, use, convey and otherwise dispose of SB1389 Enrolled - 9 - LRB096 08630 KTG 18753 b and deal in Real Property, however acquired, subject to the conditions and restrictions of this Act;
SB1389 Engrossed - 10 - LRB096 08630 KTG 18753 b (10) To conduct business in this State, subject to the provisions of this Act.
SB1389 Enrolled - 10 - LRB096 08630 KTG 18753 b (10) To conduct business in this State, subject to the provisions of this Act.
(e) Any person intending to organize a foreign corporation and intending to have such corporation make application for a SB1389 Engrossed - 11 - LRB096 08630 KTG 18753 b certificate of authority to transact business in this State.
(e) Any person intending to organize a foreign corporation and intending to have such corporation make application for a SB1389 Enrolled - 11 - LRB096 08630 KTG 18753 b certificate of authority to transact business in this State.
4.20) SB1389 Engrossed - 12 - LRB096 08630 KTG 18753 b Sec.
4.20) SB1389 Enrolled - 12 - LRB096 08630 KTG 18753 b Sec.
(2) If the corporation has filed an application to SB1389 Engrossed - 13 - LRB096 08630 KTG 18753 b change or cancel an assumed corporate name.
(2) If the corporation has filed an application to SB1389 Enrolled - 13 - LRB096 08630 KTG 18753 b change or cancel an assumed corporate name.
With respect to merger of domestic not for profit corporations, each foreign corporation for profit shall comply with the laws of the state or country under which it is organized, and each foreign corporation for profit having a certificate of authority to transact business in this State under the provisions of this Act shall comply SB1389 Engrossed - 14 - LRB096 08630 KTG 18753 b with the provisions of this Act with respect to merger of foreign corporations for profit.
With respect to merger of domestic not for profit corporations, each foreign corporation for profit shall comply with the laws of the state or country under which it is organized, and each foreign corporation for profit having a certificate of authority to transact business in this State under the provisions of this Act shall comply SB1389 Enrolled - 14 - LRB096 08630 KTG 18753 b with the provisions of this Act with respect to merger of foreign corporations for profit.
(1) In an action by the Attorney General, if it is SB1389 Engrossed - 15 - LRB096 08630 KTG 18753 b established that:
(1) In an action by the Attorney General, if it is SB1389 Enrolled - 15 - LRB096 08630 KTG 18753 b established that:
(3) In an action by the corporation to dissolve under court supervision, if it is established that dissolution is reasonably necessary because the business of the SB1389 Engrossed - 16 - LRB096 08630 KTG 18753 b corporation can no longer be conducted to the general advantage of its shareholders.
(3) In an action by the corporation to dissolve under court supervision, if it is established that dissolution is reasonably necessary because the business of the SB1389 Enrolled - 16 - LRB096 08630 KTG 18753 b corporation can no longer be conducted to the general advantage of its shareholders.
commencing with the SB1389 Engrossed - 17 - LRB096 08630 KTG 18753 b first anniversary month that occurs after December, 2003, the annual franchise tax payable by each domestic corporation shall be computed at the rate of 1/10 of 1% for the 12-months' period commencing on the first day of the anniversary month or, in cases where a corporation has established an extended filing month, the extended filing month of the corporation, but in no event shall the amount of the annual franchise tax be less than $25 nor more than $2,000,000 per annum.
commencing with the SB1389 Enrolled - 17 - LRB096 08630 KTG 18753 b first anniversary month that occurs after December, 2003, the annual franchise tax payable by each domestic corporation shall be computed at the rate of 1/10 of 1% for the 12-months' period commencing on the first day of the anniversary month or, in cases where a corporation has established an extended filing month, the extended filing month of the corporation, but in no event shall the amount of the annual franchise tax be less than $25 nor more than $2,000,000 per annum.
(c) The annual franchise tax payable at the time of filing SB1389 Engrossed - 18 - LRB096 08630 KTG 18753 b the final transition annual report in connection with an anniversary month prior to January, 2004 shall be an amount equal to (i) 1/12 of 1/10 of 1% per month of the proportion of paid-in capital represented in this State as shown in the final transition annual report multiplied by (ii) the number of months commencing with the anniversary month next following the filing of the statement of election until, but excluding, the second extended filing month, less the annual franchise tax theretofore paid at the time of filing the statement of election, but in no event shall the amount of the annual franchise tax be less than $2.08333 per month assessed on a minimum of $25 per annum or more than $83,333.333333 per month;
(c) The annual franchise tax payable at the time of filing SB1389 Enrolled - 18 - LRB096 08630 KTG 18753 b the final transition annual report in connection with an anniversary month prior to January, 2004 shall be an amount equal to (i) 1/12 of 1/10 of 1% per month of the proportion of paid-in capital represented in this State as shown in the final transition annual report multiplied by (ii) the number of months commencing with the anniversary month next following the filing of the statement of election until, but excluding, the second extended filing month, less the annual franchise tax theretofore paid at the time of filing the statement of election, but in no event shall the amount of the annual franchise tax be less than $2.08333 per month assessed on a minimum of $25 per annum or more than $83,333.333333 per month;
SB1389 Engrossed - 19 - LRB096 08630 KTG 18753 b (d) The initial franchise tax payable after January 1, 1983, but prior to January 1, 1991, by each domestic corporation shall be computed at the rate of 1/10 of 1% for the 12 months' period commencing on the first day of the anniversary month in which the articles of incorporation are filed by certificate of incorporation is issued to the corporation under Section 2.10 of this Act, but in no event shall the franchise tax be less than $25 nor more than $1,000,000 per annum.
SB1389 Enrolled - 19 - LRB096 08630 KTG 18753 b (d) The initial franchise tax payable after January 1, 1983, but prior to January 1, 1991, by each domestic corporation shall be computed at the rate of 1/10 of 1% for the 12 months' period commencing on the first day of the anniversary month in which the articles of incorporation are filed by certificate of incorporation is issued to the corporation under Section 2.10 of this Act, but in no event shall the franchise tax be less than $25 nor more than $1,000,000 per annum.
(e) Each additional franchise tax payable by each domestic corporation for the period beginning January 1, 1983 through SB1389 Engrossed - 20 - LRB096 08630 KTG 18753 b December 31, 1983 shall be computed at the rate of 1/12 of 1/10 of 1% for each calendar month or fraction thereof, between the date of each respective increase in its paid-in capital and its anniversary month in 1984;
(e) Each additional franchise tax payable by each domestic corporation for the period beginning January 1, 1983 through SB1389 Enrolled - 20 - LRB096 08630 KTG 18753 b December 31, 1983 shall be computed at the rate of 1/12 of 1/10 of 1% for each calendar month or fraction thereof, between the date of each respective increase in its paid-in capital and its anniversary month in 1984;
(a) Except as otherwise provided in this Section and notwithstanding anything to the contrary contained in any other Section of this Act, no domestic corporation or foreign SB1389 Engrossed - 21 - LRB096 08630 KTG 18753 b corporation shall be obligated to pay any annual franchise tax, fee, or penalty or interest thereon imposed under this Act, nor shall any administrative or judicial sanction (including dissolution) be imposed or enforced nor access to the courts of this State be denied based upon nonpayment thereof more than 7 years after the date of filing the annual report with respect to the period during which the obligation for the tax, fee, penalty or interest arose, unless (1) within that 7 year period the Secretary of State sends a written notice to the corporation to the effect that (A) administrative or judicial action to dissolve the corporation or revoke its certificate of authority for nonpayment of a tax, fee, penalty or interest has been commenced;
(a) Except as otherwise provided in this Section and notwithstanding anything to the contrary contained in any other Section of this Act, no domestic corporation or foreign SB1389 Enrolled - 21 - LRB096 08630 KTG 18753 b corporation shall be obligated to pay any annual franchise tax, fee, or penalty or interest thereon imposed under this Act, nor shall any administrative or judicial sanction (including dissolution) be imposed or enforced nor access to the courts of this State be denied based upon nonpayment thereof more than 7 years after the date of filing the annual report with respect to the period during which the obligation for the tax, fee, penalty or interest arose, unless (1) within that 7 year period the Secretary of State sends a written notice to the corporation to the effect that (A) administrative or judicial action to dissolve the corporation or revoke its certificate of authority for nonpayment of a tax, fee, penalty or interest has been commenced;
A corporation nonetheless shall be required to pay all taxes that would have been payable during the most recent 7 year period due to a previously unreported increase in paid-in capital that occurred prior to that 7 year period and interest and penalties thereon for that period, except that, from February 1, 2008 through March 15, 2008, with respect to any corporation that participates in the SB1389 Engrossed - 22 - LRB096 08630 KTG 18753 b Franchise Tax and License Fee Amnesty Act of 2007, the corporation shall be only required to pay all taxes that would have been payable during the most recent 4 year period due to a previously unreported increase in paid-in capital that occurred prior to that 7 year period.
A corporation nonetheless shall be required to pay all taxes that would have been payable during the most recent 7 year period due to a previously unreported increase in paid-in capital that occurred prior to that 7 year period and interest and penalties thereon for that period, except that, from February 1, 2008 through March 15, 2008, with respect to any corporation that participates in the SB1389 Enrolled - 22 - LRB096 08630 KTG 18753 b Franchise Tax and License Fee Amnesty Act of 2007, the corporation shall be only required to pay all taxes that would have been payable during the most recent 4 year period due to a previously unreported increase in paid-in capital that occurred prior to that 7 year period.
SB1389 Engrossed - 23 - LRB096 08630 KTG 18753 b (c) Except as otherwise provided in this Section and notwithstanding anything to the contrary contained in any other Section of this Act, no foreign corporation that has not previously obtained a certificate of authority under this Act shall, upon voluntary application for a certificate of authority filed with the Secretary of State prior to January 1, 2001, be obligated to pay any tax, fee, penalty, or interest imposed under this Act, nor shall any administrative or judicial sanction be imposed or enforced based upon nonpayment thereof with respect to a period during which the obligation arose that is prior to January 1, 1993 unless (1) prior to receipt of the application for a certificate of authority the Secretary of State had sent written notice to the corporation regarding its failure to obtain an application for a certificate of authority, (2) the corporation had submitted an application for a certificate of authority previously but had failed to pay any tax, fee, penalty or interest to be paid therewith, or (3) the application for a certificate of authority was submitted by the corporation with fraudulent intent to evade taxes payable under this Act.
SB1389 Enrolled - 23 - LRB096 08630 KTG 18753 b (c) Except as otherwise provided in this Section and notwithstanding anything to the contrary contained in any other Section of this Act, no foreign corporation that has not previously obtained a certificate of authority under this Act shall, upon voluntary application for a certificate of authority filed with the Secretary of State prior to January 1, 2001, be obligated to pay any tax, fee, penalty, or interest imposed under this Act, nor shall any administrative or judicial sanction be imposed or enforced based upon nonpayment thereof with respect to a period during which the obligation arose that is prior to January 1, 1993 unless (1) prior to receipt of the application for a certificate of authority the Secretary of State had sent written notice to the corporation regarding its failure to obtain an application for a certificate of authority, (2) the corporation had submitted an application for a certificate of authority previously but had failed to pay any tax, fee, penalty or interest to be paid therewith, or (3) the application for a certificate of authority was submitted by the corporation with fraudulent intent to evade taxes payable under this Act.
1-11-08.) SB1389 Engrossed - 24 - LRB096 08630 KTG 18753 b Section 25.
1-11-08.) SB1389 Enrolled - 24 - LRB096 08630 KTG 18753 b Section 25.
and (5) Each corporation having shares or capital stock, heretofore organized under any general law or created by SB1389 Engrossed - 25 - LRB096 08630 KTG 18753 b Special Act of the Legislature of this State prior to the adoption of the Constitution of 1870, for a purpose or purposes for which a corporation may be organized under this Act, which shall elect to accept this Act as hereinafter provided.
and (5) Each corporation having shares or capital stock, heretofore organized under any general law or created by SB1389 Enrolled - 25 - LRB096 08630 KTG 18753 b Special Act of the Legislature of this State prior to the adoption of the Constitution of 1870, for a purpose or purposes for which a corporation may be organized under this Act, which shall elect to accept this Act as hereinafter provided.
(d) The provisions of Section 112.45 of this Act relating to reinstatement following administrative dissolution of a domestic corporation shall apply to all corporations involuntarily dissolved after June 30, 1974, by the Secretary SB1389 Engrossed - 26 - LRB096 08630 KTG 18753 b of State, pursuant to Section 50a of the "General Not for Profit Corporation Act", approved July 17, 1943, as amended.
(d) The provisions of Section 112.45 of this Act relating to reinstatement following administrative dissolution of a domestic corporation shall apply to all corporations involuntarily dissolved after June 30, 1974, by the Secretary SB1389 Enrolled - 26 - LRB096 08630 KTG 18753 b of State, pursuant to Section 50a of the "General Not for Profit Corporation Act", approved July 17, 1943, as amended.
(2) Must end with the letters "NFP" if the corporate name contains any word or phrase which indicates or implies that the corporation is organized for any purpose other than a purpose for which corporations may be organized under this Act or a purpose other than a purpose set forth SB1389 Engrossed - 27 - LRB096 08630 KTG 18753 b in the corporation's articles of incorporation;
(2) Must end with the letters "NFP" if the corporate name contains any word or phrase which indicates or implies that the corporation is organized for any purpose other than a purpose for which corporations may be organized under this Act or a purpose other than a purpose set forth SB1389 Enrolled - 27 - LRB096 08630 KTG 18753 b in the corporation's articles of incorporation;
(4) Shall not contain a word or phrase, or an SB1389 Engrossed - 28 - LRB096 08630 KTG 18753 b abbreviation or derivation thereof, the use of which is prohibited or restricted by any other statute of this State unless such restriction has been complied with;
(4) Shall not contain a word or phrase, or an SB1389 Enrolled - 28 - LRB096 08630 KTG 18753 b abbreviation or derivation thereof, the use of which is prohibited or restricted by any other statute of this State unless such restriction has been complied with;
provided, however, that the corporation may use any divisional designation or trade SB1389 Engrossed - 29 - LRB096 08630 KTG 18753 b name without complying with the requirements of this Act, provided the corporation also clearly discloses its corporate name.
provided, however, that the corporation may use any divisional designation or trade SB1389 Enrolled - 29 - LRB096 08630 KTG 18753 b name without complying with the requirements of this Act, provided the corporation also clearly discloses its corporate name.
or (2) Abrogate or limit the common law or statutory law of unfair competition or unfair trade practices, nor derogate from the common law or principles of equity or the statutes of this State or of the United States with respect to the right to acquire and protect copyrights, trade names, trade marks, service names, service marks, or any SB1389 Engrossed - 30 - LRB096 08630 KTG 18753 b other right to the exclusive use of name or symbols.
or (2) Abrogate or limit the common law or statutory law of unfair competition or unfair trade practices, nor derogate from the common law or principles of equity or the statutes of this State or of the United States with respect to the right to acquire and protect copyrights, trade names, trade marks, service names, service marks, or any SB1389 Enrolled - 30 - LRB096 08630 KTG 18753 b other right to the exclusive use of name or symbols.
(1) If the corporation fails to renew an assumed corporate SB1389 Engrossed - 31 - LRB096 08630 KTG 18753 b name;
(1) If the corporation fails to renew an assumed corporate SB1389 Enrolled - 31 - LRB096 08630 KTG 18753 b name;
(4) The corporation has solicited money and failed to use SB1389 Engrossed - 32 - LRB096 08630 KTG 18753 b the money for the purpose which it was solicited, or has fraudulently solicited money or fraudulently used the money solicited;
(4) The corporation has solicited money and failed to use SB1389 Enrolled - 32 - LRB096 08630 KTG 18753 b the money for the purpose which it was solicited, or has fraudulently solicited money or fraudulently used the money solicited;
SB1389 Engrossed - 33 - LRB096 08630 KTG 18753 b (d) In an action by the corporation to dissolve under court supervision, if it is established that the corporation is unable to carry out its purposes.
SB1389 Enrolled - 33 - LRB096 08630 KTG 18753 b (d) In an action by the corporation to dissolve under court supervision, if it is established that the corporation is unable to carry out its purposes.
(b) If the corporation does not correct the default within SB1389 Engrossed - 34 - LRB096 08630 KTG 18753 b 90 days following such notice, the Secretary of State shall thereupon revoke the authority of the corporation by issuing a certificate of revocation that recites the grounds for revocation and its effective date.
(b) If the corporation does not correct the default within SB1389 Enrolled - 34 - LRB096 08630 KTG 18753 b 90 days following such notice, the Secretary of State shall thereupon revoke the authority of the corporation by issuing a certificate of revocation that recites the grounds for revocation and its effective date.
Nor shall a civil action be maintained in any court SB1389 Engrossed - 35 - LRB096 08630 KTG 18753 b of this State by any successor or assignee of such corporation on any right, claim or demand arising out of conducting affairs by such corporation in this State, until authority to conduct affairs in this State is obtained by such corporation or by a corporation which has acquired all or substantially all of its assets.
Nor shall a civil action be maintained in any court SB1389 Enrolled - 35 - LRB096 08630 KTG 18753 b of this State by any successor or assignee of such corporation on any right, claim or demand arising out of conducting affairs by such corporation in this State, until authority to conduct affairs in this State is obtained by such corporation or by a corporation which has acquired all or substantially all of its assets.
(c) return a true copy of the articles of incorporation to the incorporators or their representative, who shall within 15 days file such document issue a certificate of incorporation SB1389 Engrossed - 36 - LRB096 08630 KTG 18753 b to which he shall affix the other duplicate original.
(c) return a true copy of the articles of incorporation to the incorporators or their representative, who shall within 15 days file such document issue a certificate of incorporation SB1389 Enrolled - 36 - LRB096 08630 KTG 18753 b to which he shall affix the other duplicate original.
Whenever six (6) or more persons shall present to the Secretary of State a petition setting forth that they desire to organize a Cemetery Association under this act, to be located in (here insert the county) and that said Cemetery Association shall be known by the name and style of (here SB1389 Engrossed - 37 - LRB096 08630 KTG 18753 b insert the name of the association), that the Secretary of State shall issue to such persons and their successors in trust, articles a certificate of organization, which said articles certificate of organization shall be in perpetuity and in trust for the use and benefit of all persons who may acquire burial lots in said cemetery.
Whenever six (6) or more persons shall present to the Secretary of State a petition setting forth that they desire to organize a Cemetery Association under this act, to be located in (here insert the county) and that said Cemetery Association shall be known by the name and style of (here SB1389 Enrolled - 37 - LRB096 08630 KTG 18753 b insert the name of the association), that the Secretary of State shall issue to such persons and their successors in trust, articles a certificate of organization, which said articles certificate of organization shall be in perpetuity and in trust for the use and benefit of all persons who may acquire burial lots in said cemetery.
Whenever two-thirds of the trustees of a cemetery association approve a resolution to dissolve such corporation a copy of such resolution and approval of the trustees duly certified by the President and Secretary shall be submitted to the Comptroller, and if SB1389 Engrossed - 38 - LRB096 08630 KTG 18753 b approved by him a copy of such resolution and approval of the Comptroller shall be duly filed by him in the office of the Secretary of State.
Whenever two-thirds of the trustees of a cemetery association approve a resolution to dissolve such corporation a copy of such resolution and approval of the trustees duly certified by the President and Secretary shall be submitted to the Comptroller, and if SB1389 Enrolled - 38 - LRB096 08630 KTG 18753 b approved by him a copy of such resolution and approval of the Comptroller shall be duly filed by him in the office of the Secretary of State.
SB1389 Engrossed - 39 - LRB096 08630 KTG 18753 b INDEX Statutes amended in order of appearance 75 ILCS 60/3 from Ch.
SB1389 Enrolled - 39 - LRB096 08630 KTG 18753 b INDEX Statutes amended in order of appearance 75 ILCS 60/3 from Ch.
36 SB1389 Engrossed - 40 - LRB096 08630 KTG 18753 b 805 ILCS 320/3 from Ch.
36 SB1389 Enrolled - 40 - LRB096 08630 KTG 18753 b 805 ILCS 320/3 from Ch.
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Action History

  1. Public Act . . . . . . . . . 96-0066

  2. Effective Date January 1, 2010

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 116-000-000

  7. Placed on Calendar Order of 3rd Reading - Short Debate

  8. Second Reading - Short Debate

  9. Placed on Calendar 2nd Reading - Short Debate

  10. Do Pass / Short Debate Judiciary I - Civil Law Committee; 013-000-000

  11. Assigned to Judiciary I - Civil Law Committee

  12. Referred to Rules Committee

  13. First Reading

  14. Chief House Sponsor Rep. Elaine Nekritz

  15. Placed on Calendar Order of First Reading

  16. Arrived in House

  17. Third Reading - Passed; 056-000-000

  18. Placed on Calendar Order of 3rd Reading March 4, 2009

  19. Second Reading

  20. Placed on Calendar Order of 2nd Reading February 26, 2009

  21. Do Pass Judiciary; 011-000-000

  22. Assigned to Judiciary

  23. Referred to Assignments

  24. First Reading

  25. Filed with Secretary by Sen. A. J. Wilhelmi

Sponsors

  • A. J. Wilhelmi · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • A. J. Wilhelmi

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 116 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 11000
Unaffiliated 101002
Republican 4000
Total 116002
% of votes cast 98%0%0%2%
How each member voted (118)
Member Party Vote
Davis, Monique — Yea
Jefferson — Yea
Lang — Yea
Reitz — Yea
Leitch — Yea
Mathias — Yea
McAuliffe — Yea
McCarthy — Yea
Mell — Yea
Mendoza — Yea
Lyons — Yea
Moffitt — Yea
Myers — Yea
Thapedi — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Bradley — Yea
McGuire — Yea
Brady — Yea
Sullivan — Yea
Burke — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Gordon, Careen — Yea
Gordon, Jehan — Yea
Cavaletto — Yea
Coladipietro — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Graham — Yea
Kosel — Yea
Hannig — Yea
Harris — Yea
Watson — Yea
Hernandez — Yea
Mulligan — Not Voting
Nekritz — Yea
Osterman — Yea
Howard — Yea
Pihos — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Zalewski — Yea
Cole — Yea
Colvin — Not Voting
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Hamos — Yea
Hatcher — Yea
Holbrook — Yea
Jackson — Yea
Jakobsson — Yea
Osmond — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Senger — Yea
Sommer — Yea
Soto — Yea
Madigan — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Burns — Yea
Connelly — Yea
McAsey — Yea
Coulson — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 46003
Democrat 9000
Republican 1000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Haine — Yea
Hendon — Yea
Hultgren — Yea
Hutchinson — Yea
Lauzen — Yea
McCarter — Yea
Millner — Yea
Noland — Yea
Radogno — Yea
Schoenberg — Yea
Silverstein — Yea
Demuzio — Yea
Steans — Yea
Jacobs — Yea
Trotter — Yea
Munoz — Yea
Jones, J. — Yea
Brady — Yea
Sullivan — Yea
Viverito — Yea
Clayborne — Yea
Cronin — Yea
Dillard — Yea
Duffy — Yea
Frerichs — Yea
Garrett — Yea
Cullerton — Yea
Luechtefeld — Not Voting
Meeks — Not Voting
Wilhelmi — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Kotowski — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Link — Yea
Maloney — Yea
Althoff — Yea
Martinez — Not Voting
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Forby — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

housing labor
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Frequently asked questions

What does SB 1389 do?
Amends the Library Incorporation Act, the State Housing Act, the Neighborhood Redevelopment Corporation Law, the Business Corporation Act of 1983, the General Not For Profit Corporation Act of 1986, the Co-operative Act, and the Cemetery Association Act. Eliminates the term "certificate" in the various acts. In the amendatory changes to the Co-operative Act, eliminates language requiring the Secretary of State to issue a certificate of incorporation along with a duplicate copy to an incorporator whose articles of incorporation conform to law, and instead provides that the Secretary of State shall return a true copy of the articles of incorporation to the incorporators or their representative, who shall within 15 days file such document for record in the office of the recorder. Updates references in the State Housing Act to the General Not For Profit Corporation Act of 1986 (rather than the General Not For Profit Corporation Act). Effective January 1, 2010.
Who sponsors SB 1389?
SB 1389 is sponsored by A. J. Wilhelmi.
What is the current status of SB 1389?
This bill has been enacted into law. Introduced February 11, 2009. Enacted.
Where can I track SB 1389?
Track SB 1389 free on One Click Politics — get push/email alerts when it moves.

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