15 ILCS 305

in effect

15 ILCS 305/0.01

(15 ILCS 305/0.01) (from Ch. 124, par. 0.01) Sec. 0.01. Short title. This Act may be cited as the Secretary of State Act. (Source: P.A. 86-1324.)

(15 ILCS 305/1) (from Ch. 124, par. 1) Sec. 1. Bond. The Secretary of State shall give bond, before entering upon the duties of his or her office, in the penal sum of $100,000 by inclusion in the blanket bond or bonds or self-insurance program provided for in Sections 14.1 and 14.2 of the Official Bond Act. The bond shall be conditioned (i) for the faithful discharge of the Secretary's duties, (ii) to deliver up all papers, books, records, and other property appertaining to his or her office, whole, safe, and undefaced, to the successor in office, and (iii) to account for and pay over to the State Treasurer all moneys that may be received by the Secretary as fees of his or her office, as required by law. (Source: P.A. 90-372, eff. 7-1-98.)

15 ILCS 305/2 Oath

(15 ILCS 305/2) (from Ch. 124, par. 2) Sec. 2. Oath. The Secretary of State shall, before entering upon the duties of his office, take and subscribe the oath or affirmation prescribed by Article XIII, Section 3 of the Constitution, which shall be filed in his office. (Source: P.A. 91-58, eff. 7-1-99.)

15 ILCS 305/3

(15 ILCS 305/3) (from Ch. 124, par. 3) Sec. 3. All public acts, laws and resolutions passed by the General Assembly of this state, shall be carefully deposited in the office of the Secretary of State, and the Secretary of State is charged with the safety of said office, and all laws, acts, resolutions, bonds, papers and records which now are or shall hereafter be deposited therein. (Source: Laws 1957, p. 1654.)

15 ILCS 305/4

(15 ILCS 305/4) (from Ch. 124, par. 4) Sec. 4. The Secretary of the Senate and clerk of the House of Representatives, at the close of each session of the General Assembly, shall deliver to the Secretary of State all books, bills, documents and papers in the possession of either branch of the General Assembly, correctly labeled, folded and classified, according to the subject-matter of such documents, respectively. (Source: Laws 1957, p. 1654.)

15 ILCS 305/5

(15 ILCS 305/5) (from Ch. 124, par. 5) Sec. 5. It shall be the duty of the Secretary of State: 1. To countersign and affix the seal of state to all commissions required by law to be issued by the Governor. 2. To make a register of all appointments by the Governor, specifying the person appointed, the office conferred, the date of the appointment, the date when bond or oath is taken and the date filed. If Senate confirmation is required, the date of the confirmation shall be included in the register. 3. To make proper indexes to public acts, resolutions, papers and documents in the Secretary's office. 3-a. To review all rules of all State agencies adopted in compliance with the codification system prescribed by the Secretary. The review shall be for the purposes and include all the powers and duties provided in the Illinois Administrative Procedure Act. The Secretary of State shall cooperate with the Legislative Information System to insure the accuracy of the text of the rules maintained under the Legislative Information System Act. 4. To give any person requiring the same paying the lawful fees therefor, a copy of any law, act, resolution, record or paper in the Secretary's office, and attach thereto the Secretary's certificate, under the seal of the state. 5. To take charge of and preserve from waste, and keep in repair, the houses, lots, grounds and appurtenances, situated in the City of Springfield, and belonging to or occupied by the State, the care of which is not otherwise provided for by law, and to take charge of and preserve from waste, and keep in repair, the houses, lots, grounds and appurtenances, situated in the State outside the City of Springfield where such houses, lots, grounds and appurtenances are occupied by the Secretary of State and no other State officer or agency. 6. To supervise the distribution of the laws. 7. To perform such other duties as may be required by law. The Secretary of State may, within appropriations authorized by the General Assembly, maintain offices in the State Capital and in such other places in the State as the Secretary may deem necessary to properly carry out the powers and duties vested in the Secretary by law. 8. In addition to all other authority granted to the Secretary by law, subject to appropriation, to make grants or otherwise provide assistance to, among others without limitation, units of local government, school districts, educational institutions, private agencies, not-for-profit organizations, and for-profit entities for the health, safety, and welfare of Illinois residents for purposes related to education, transportation, construction, capital improvements, social services, and any other lawful public purpose. Upon request of the Secretary, all State agencies are mandated to provide the Secretary with assistance in administering the grants. 9. To notify the Auditor General of any Public Act filed with the Office of the Secretary of State making an appropriation or transfer of funds from the State treasury. This paragraph (9) applies only through June 30, 2015. 10. To accept service of process only in those specifically mandated areas of the law and as determined by the General Assembly. The Secretary of State is not the default agent for service of process in the State of Illinois. (Source: P.A. 102-591, eff. 1-1-22.)

15 ILCS 305/5.5 Secretary of State fees

(15 ILCS 305/5.5) Sec. 5.5. Secretary of State fees. There shall be paid to the Secretary of State the following fees: For certificate or apostille, with seal: $2. For each certificate, without seal: $1. For each commission to any officer or other person (except military commissions), with seal: $2. For copies of exemplifications of records, or for a certified copy of any document, instrument, or paper when not otherwise provided by law, and it does not exceed legal size: $0.50 per page or any portion of a page; and $2 for the certificate, with seal affixed. For copies of exemplifications of records or a certified copy of any document, instrument, or paper, when not otherwise provided for by law, that exceeds legal size: $1 per page or any portion of a page; and $2 for the certificate, with seal affixed. For copies of bills or other papers: $0.50 per page or any portion of a page; and $2 for the certificate, with seal affixed, except that there shall be no charge for making or certifying copies that are furnished to any governmental agency for official use. For recording a duplicate of an affidavit showing the appointment of trustees of a religious corporation: $0.50; and $2 for the certificate of recording, with seal affixed. For filing and recording an application under the Soil Conservation Districts Law and making and issuing a certificate for the application, under seal: $10. For recording any other document, instrument, or paper required or permitted to be recorded with the Secretary of State, which recording shall be done by any approved photographic or photostatic process, if the page to be recorded does not exceed legal size and the fees and charges therefor are not otherwise fixed by law: $0.50 per page or any portion of a page; and $2 for the certificate of recording, with seal affixed. For recording any other document, instrument, or paper required or permitted to be recorded with the Secretary of State, which recording shall be done by any approved photographic or photostatic process, if the page to be recorded exceeds legal size and the fees and charges therefor are not otherwise fixed by law: $1 per page or any portion of a page; and $2 for the certificate of recording attached to the original, with seal affixed. For each duplicate certified copy of a school land patent: $3. For each photostatic copy of a township plat: $2. For each page of a photostatic copy of surveyors field notes: $2. For each page of a photostatic copy of a state land patent, including certification: $4. For each page of a photostatic copy of a swamp land grant: $2. For each page of photostatic copies of all other instruments or documents relating to land records: $2. For any payment to the Secretary of State when it has not been honored: $25. For any research request received after the effective date of the changes made to this Section by this amendatory Act of the 93rd General Assembly by an out-of-State or non-Illinois resident: $10, prepaid and nonrefundable, for which the requester will receive up to 2 unofficial noncertified copies of the records requested. The fees under this paragraph shall be deposited into the General Revenue Fund. The Illinois State Archives is authorized to charge reasonable fees to reimburse the cost of production and distribution of copies of finding aids to the records that it holds or copies of published versions or editions of those records in printed, microfilm, or electronic formats. The fees under this paragraph shall be deposited into the General Revenue Fund. As used in this Section, "legal size" means a sheet of paper that is 8.5 inches wide and 14 inches long, or written or printed matter on a sheet of paper that does not exceed that width and length, or either of them. (Source: P.A. 97-835, eff. 1-1-13; 98-1149, eff. 12-31-14.)

15 ILCS 305/5.10

(15 ILCS 305/5.10) Sec. 5.10. List of filed financing statements. The fee for furnishing a monthly list of financing statements filed under Article 9 of the Uniform Commercial Code is $250 per month. The list may be obtained by submitting a written request to the Secretary of State and payment of the fee in advance. (Source: P.A. 89-233, eff. 1-1-96.)

15 ILCS 305/5.15

(15 ILCS 305/5.15) Sec. 5.15. Deposit of wills. (a) Definitions. As used in this Section: "Depositor" means an attorney licensed or formerly licensed to practice in the State of Illinois, the attorney's representative, the guardian for the attorney, or the personal representative of the attorney's decedent's estate. "Testator" means a person who executed a will, other than as a witness or official to whom acknowledgment of signing was given. "Will" refers to an original: (1) will; (2) codicil; (3) will and one or more codicils; (4) trust; or (5) trust and one or more trust amendments. (b) Deposit of wills. A depositor may deposit a will with the Secretary of State if the depositor certifies in writing to the Secretary of State that the depositor is unable to locate the testator after a diligent search. The certification shall be on a form to be provided by the Secretary. This Section applies whether it is known or unknown whether the testator is living. (c) Assumptions. The Secretary of State may assume, without inquiring into the facts, that the depositor has first made a diligent search for the testator. (d) Fee. The Secretary of State shall collect a fee of $15 for each deposit of a will. The Secretary of State shall not collect a separate fee for additional documents concurrently deposited in relation to a single testator or for a single joint will prepared for a husband and wife. (e) Duty of Secretary of State upon receipt. Upon receipt of a will under this Section, the Secretary of State shall: (1) provide the depositor with a receipt for the will, which receipt shall contain the information designated on the envelope in accordance with paragraph (3) of this subsection; (2) place the will or wills deposited concurrently in relation to a single testator in one envelope and seal the envelope securely in the presence of the depositor or depositor's agent; (3) designate on the envelope: (A) the date of deposit; (B) the name, address, and telephone number of the depositor; (C) the name and last known address of the testator as provided by the depositor; (D) at the depositor's option, any and all of the following information: (i) alternate names by which the testator may have been known; (ii) the testator's birth date, and (iii) the last 4 digits of the testator's Social Security number; and (E) with respect to each document enclosed: (i) a short description of the document, including, if shown, its date of execution; and (ii) the number of pages in the document; and (4) index the will alphabetically by the name of the testator, and by the alternate names set forth by which the testator may have been known. (f) Status as a public record. An envelope and will deposited under this Section are not public records. The index created under item (4) of subsection (e) is a public record. (g) Duty of Secretary of State during testator's lifetime. During the testator's lifetime, the Secretary of State shall: (1) keep the envelope containing the will sealed; and (2) deliver the envelope to: (i) the testator; (ii) a person authorized, in writing signed by the testator and notarized, to receive the envelope; or (iii) a person, entity, court, or government agency authorized to receive the envelope pursuant to an order entered by a court of competent jurisdiction. (h) Duty of Secretary of State upon notification of death of testator. If the Secretary of State has custody of the will after the death of the testator and is notified of the death of the testator by means of a certified copy of the testator's death certificate or by a certified copy of an order of court determining the testator to be deceased, upon receipt of payment of a retrieval fee in the amount of $10, the Secretary of State shall promptly deliver the sealed will envelope to the clerk of the circuit court of the county in which the probate of the testator's will may occur as determined under Section 5-1 of the Probate Act of 1975 (755 ILCS 5/5-1). (i) Duties of Secretary of State upon inquiry. Upon inquiry by a person identified in paragraph (2) of subsection (g), or upon inquiry of any person presenting a certified copy of the testator's death certificate or a certified copy of an order of a court determining the testator to be deceased, the Secretary of State shall inform the person whether the name of the relevant testator appears in the Secretary of State's index of wills. For the purposes of this subsection, the Secretary of State need not be certain that the testator is the one being inquired about, but may release that information if it is possible that the testator is that one. (j) Destruction of will. The Secretary of State may destroy a will deposited under this Section if: (1) the Secretary of State has not received notice of the death of the testator; and (2) at least 100 years have passed since the date the will was deposited. (k) All fees received by the Secretary of State under this Section must be deposited into the Secretary of State Special Services Fund. (Source: P.A. 96-137, eff. 1-1-10.)

15 ILCS 305/5.20

(15 ILCS 305/5.20) Sec. 5.20. Apostilles and certifications. (a) A request for an apostille or a certification shall be submitted on the form prescribed by the Secretary of State and must be accompanied by the lawful fee for the apostille or certification. (b) The Secretary of State may refuse to issue an apostille or certification if: (1) the document has not been certified by the appropriate authority, if applicable; (2) the document has not been properly notarized in accordance with the Illinois Notary Public Act, if applicable; (3) the document submitted to the Secretary of State is not an original document; (4) the document is intended for use in the United States or in a country not party to the Hague Legalization Convention, if applicable; (5) the document makes a claim regarding or purports to affect citizenship, immunity, allegiance to a government or jurisdiction, sovereignty, or any similar or related matter; or (6) the Secretary of State has reasonable cause to believe the document may be used to accomplish any fraudulent, criminal, or unlawful purpose. (c) A person may not remove an apostille, certification, any part of the apostille or certification, or the "great seal of the State of Illinois" from any document to which the Secretary of State has affixed it. This act or any attempt to do so shall render the apostille or certification invalid. (d) The Secretary of State shall have the power and authority reasonably necessary to administer this Section efficiently, to perform the duties imposed by this Section, and to adopt rules relating to those duties, in accordance with the Illinois Administrative Procedure Act. (Source: P.A. 98-170, eff. 8-5-13.)

15 ILCS 305/6

(15 ILCS 305/6) (from Ch. 124, par. 6) Sec. 6. The Secretary of State shall keep a current file, in alphabetical order, of every sanitary district in the State. Whenever an ordinance for a name change is passed pursuant to Section 4.1 of the Sanitary District Act of 1917, he shall make the certification required by that Section. (Source: P.A. 100-201, eff. 8-18-17.)

15 ILCS 305/6a

(15 ILCS 305/6a) (from Ch. 124, par. 6a) Sec. 6a. All executive orders and proclamations issued by the Governor shall be filed with the Secretary of State. Each order or proclamation filed shall be numbered in an annual series with the number of the order or proclamation preceded by the last 2 figures of the current year and a dash. The Secretary of State shall provide for the publication of all such orders in the Illinois Register. The Secretary of State may provide for the publication of all such proclamations in the Illinois Register. The failure to file any such order within 10 days of the enactment thereof by the Governor shall invalidate any such order. (Source: P.A. 81-984.)

15 ILCS 305/6b

(15 ILCS 305/6b) Sec. 6b. Waiver of certain fees for disaster victims. (a) The Secretary of State may, upon a proclamation by the Governor that a disaster exists, waive fees for a duplicate certificate of title, vehicle registration, driver's license, or State identification card if the citizen provides sufficient proof that he or she resides in the declared disaster area. This authority may only be exercised for a period of 30 days after the Governor files the proclamation. (b) The citizen shall provide to the Secretary written documentation evidencing his or her residence or, if the citizen has none, the Secretary shall require the citizen to verify personal information currently on file with the Secretary of State. The citizen must also provide an affirmation, under penalty of perjury, that the original documents were lost or destroyed in the disaster. If the Secretary is unable to confirm the identity of the citizen or that the residence of the citizen was within the declared disaster area, no document will be issued. (c) If, upon review of the documentation provided by the citizen, the Secretary finds that the citizen was not entitled to a waiver of fees under this Section, the Secretary is to demand payment for services rendered within 60 days. If payment for services is not made by the citizen, the Secretary may cancel or revoke the duplicate certificate of title, vehicle registration, driver's license, or State identification card. The citizen may request a hearing under Section 2-118 of the Illinois Vehicle Code to contest the action of the Secretary. (Source: P.A. 97-835, eff. 7-20-12.)

15 ILCS 305/7

(15 ILCS 305/7) (from Ch. 124, par. 7) Sec. 7. Copies of all bonds, papers, writings and documents legally deposited in the office of the Governor or Secretary of State, when certified by the Secretary of State and authenticated by the seal of his office, shall be received in evidence in the same manner and with the like effect as the originals. (Source: R.S. 1874, p. 986.)

15 ILCS 305/8

(15 ILCS 305/8) (from Ch. 124, par. 8) Sec. 8. In the publication of the laws of this State, the Secretary of State shall cause to be published in each volume a general certificate to the effect that the same as contained in such volume are true copies of the laws of the General Assembly, and executive orders of the Governor which take effect pursuant to Article V, Section 11 of the Constitution and the "Executive Reorganization Implementation Act", as the case may be, on file in his office; and each volume so certified shall be received as evidence in all courts and places. (Source: P.A. 86-759.)

15 ILCS 305/9

(15 ILCS 305/9) (from Ch. 124, par. 9) Sec. 9. Whenever any bill, which shall have passed both houses of the General Assembly, shall be returned by the Governor, with his objections thereto, and, upon reconsideration, shall pass both houses by the constitutional majority, it shall be authenticated as having become a law, by a certificate thereon, to the following effect, viz.: "This bill having been returned by the Governor, with his objections thereto, and after reconsideration having passed both houses by the constitutional majority, it has become a law this .... day of ...., A.D. ....." Which, being signed by the president of the Senate and speaker of the House of Representatives, shall be deemed a sufficient authentication thereof, and the bill shall, thereupon, be deposited with the laws in the office of the Secretary of State. (Source: R.S. 1874, p. 986.)

15 ILCS 305/10

(15 ILCS 305/10) (from Ch. 124, par. 10) Sec. 10. Whenever any bill which has passed both houses of the General Assembly, and is not approved, or vetoed and returned by the Governor, or filed with his objection in the office of the Secretary of State, as required by Section 9, of Article IV, of the Constitution, it shall be the duty of the Secretary of State to authenticate the same by a certificate thereon, to the following effect, as the case may be: "This bill having remained with the Governor 60 calendar days after it was presented to him, the General Assembly being in session, or the Governor having failed to return this bill to the General Assembly during its session, and having failed to file it in my office, with his objections, within such 60 calendar days, it has thereby become a law. Dated .............. Signature ..............., Secretary of State". (Source: P.A. 95-331, eff. 8-21-07.)

15 ILCS 305/11

(15 ILCS 305/11) (from Ch. 124, par. 10.1) Sec. 11. The Secretary of State may destroy any records, papers, or documents made or deposited in his office upon the following conditions: 1. He shall apply to the State Records Commission for authorization to destroy any records, documents or papers. 2. The application shall contain a brief description of the records, documents or papers the Secretary of State proposes to destroy. 3. Upon receipt of the Commission's permission, the Secretary of State then may destroy such records, documents or papers set out in the application. (Source: Laws 1957, p. 1654.)

15 ILCS 305/11.1

(15 ILCS 305/11.1) Sec. 11.1. Acid free paper. The Secretary of State shall develop guidelines for using acid free paper for permanent documents intended for archival storage. (Source: P.A. 90-655, eff. 7-30-98.)

15 ILCS 305/12

(15 ILCS 305/12) (from Ch. 124, par. 10.2) Sec. 12. Parking fees; leases. (a) The Secretary of State shall impose a fee of $20 per month payable by all State employees parking vehicles in the underground parking facility located south of the William G. Stratton State Office Building in Springfield and the parking ramp located at 401 South College Street located west of the William G. Stratton State Office Building in Springfield, unless a non-State employee requests a space located in either garage, in which case the Secretary shall set the fee by rule. Except as otherwise provided in this Section, State officers and employees who make application for and are allotted parking places in such parking facilities shall authorize the Comptroller to deduct the required fees from their payroll checks under the State Salary and Annuity Withholding Act and the amounts so withheld shall be deposited as provided in Section 8 of that Act. Until December 31, 2024, members and employees of the General Assembly who make application for and are allotted parking places in such parking facilities may, alternatively, upon application by the Secretary of the Senate or the Clerk of the House of Representatives, have their parking fee paid by the General Assembly. The amounts paid in this instance would also be deposited as provided in Section 8 of the State Salary and Annuity Withholding Act. The President of the Senate and the Speaker of the House of Representatives may authorize payment of the fees from appropriations made to the General Assembly. Persons who are not subject to the State Salary and Annuity Withholding Act and who are allotted parking places under this Section shall pay the required fees directly to the Office of the Secretary of State and the amounts so collected shall be deposited in the State Parking Facility Maintenance Fund in the State Treasury. (b) The Secretary of State may enter into agreements with public or private entities or individuals to lease to those entities or individuals parking spaces at State-owned Secretary of State facilities. Such agreements may be executed only upon a determination by the Secretary that leasing the parking spaces will not adversely impact the delivery of services to the public. The fee to be charged to the entity or individual leasing the parking spaces shall be established by rule. All funds collected by the Secretary pursuant to such leases shall be deposited in the State Parking Facility Maintenance Fund and shall be used for the maintenance and repair of parking lots at State-owned Secretary of State facilities. (Source: P.A. 102-678, eff. 12-10-21.)

15 ILCS 305/13

(15 ILCS 305/13) (from Ch. 124, par. 10.3) Sec. 13. Whenever the Secretary of State is authorized or required by law to consider some aspect of criminal history record information for the purpose of carrying out his statutory powers and responsibilities, then, upon request and payment of fees in conformance with the requirements of Section 2605-400 of the Illinois State Police Law, the Illinois State Police is authorized to furnish, pursuant to positive identification, such information contained in State files as is necessary to fulfill the request. (Source: P.A. 102-538, eff. 8-20-21.)

15 ILCS 305/13.5

(15 ILCS 305/13.5) Sec. 13.5. Illinois State Police access to driver's license and identification card photographs. The Secretary of State shall allow the Illinois State Police to access the driver's license or Illinois Identification card photograph, if available, of an applicant for a firearm concealed carry license under the Firearm Concealed Carry Act for the purpose of identifying the firearm concealed carry license applicant and issuing a license to the applicant. (Source: P.A. 102-538, eff. 8-20-21.)

15 ILCS 305/14 Inspector General

(15 ILCS 305/14) Sec. 14. Inspector General. (a) The Secretary of State must, with the advice and consent of the Senate, appoint an Inspector General for the purpose of detection, deterrence, and prevention of fraud, corruption, mismanagement, gross or aggravated misconduct, or misconduct that may be criminal in nature in the Office of the Secretary of State. The Inspector General shall serve a 5-year term. If no successor is appointed and qualified upon the expiration of the Inspector General's term, the Office of Inspector General is deemed vacant and the powers and duties under this Section may be exercised only by an appointed and qualified interim Inspector General until a successor Inspector General is appointed and qualified. If the General Assembly is not in session when a vacancy in the Office of Inspector General occurs, the Secretary of State may appoint an interim Inspector General whose term shall expire 2 weeks after the next regularly scheduled session day of the Senate. (b) The Inspector General shall have the following qualifications: (1) has not been convicted of any felony under the laws of this State, another State, or the United States; (2) has earned a baccalaureate degree from an institution of higher education; and (3) has either (A) 5 or more years of service with a federal, State, or local law enforcement agency, at least 2 years of which have been in a progressive investigatory capacity; (B) 5 or more years of service as a federal, State, or local prosecutor; or (C) 5 or more years of service as a senior manager or executive of a federal, State, or local agency. (c) The Inspector General may review, coordinate, and recommend methods and procedures to increase the integrity of the Office of the Secretary of State. The duties of the Inspector General shall supplement and not supplant the duties of the Chief Auditor for the Secretary of State's Office or any other Inspector General that may be authorized by law. The Inspector General must report directly to the Secretary of State. (d) In addition to the authority otherwise provided by this Section, but only when investigating the Office of the Secretary of State, its employees, or their actions for fraud, corruption, mismanagement, gross or aggravated misconduct, or misconduct that may be criminal in nature, the Inspector General is authorized: (1) To have access to all records, reports, audits, reviews, documents, papers, recommendations, or other materials available that relate to programs and operations with respect to which the Inspector General has responsibilities under this Section. (2) To make any investigations and reports relating to the administration of the programs and operations of the Office of the Secretary of State that are, in the judgment of the Inspector General, necessary or desirable. (3) To request any information or assistance that may be necessary for carrying out the duties and responsibilities provided by this Section from any local, State, or federal governmental agency or unit thereof. (4) To require by subpoena the appearance of witnesses and the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the functions assigned by this Section, with the exception of subsection (c) and with the exception of records of a labor organization authorized and recognized under the Illinois Public Labor Relations Act to be the exclusive bargaining representative of employees of the Secretary of State, including, but not limited to, records of representation of employees and the negotiation of collective bargaining agreements. A subpoena may be issued under this paragraph (4) only by the Inspector General and not by members of the Inspector General's staff. A person duly subpoenaed for testimony, documents, or other items who neglects or refuses to testify or produce documents or other items under the requirements of the subpoena shall be subject to punishment as may be determined by a court of competent jurisdiction, unless (i) the testimony, documents, or other items are covered by the attorney-client privilege or any other privilege or right recognized by law or (ii) the testimony, documents, or other items concern the representation of employees and the negotiation of collective bargaining agreements by a labor organization authorized and recognized under the Illinois Public Labor Relations Act to be the exclusive bargaining representative of employees of the Secretary of State. Nothing in this Section limits a person's right to protection against self-incrimination under the Fifth Amendment of the United States Constitution or Article I, Section 10, of the Constitution of the State of Illinois. (5) To have direct and prompt access to the Secretary of State for any purpose pertaining to the performance of functions and responsibilities under this Section. (d-5) In addition to the authority otherwise provided by this Section, the Secretary of State Inspector General shall have jurisdiction to investigate complaints and allegations of wrongdoing by any person or entity related to the Lobbyist Registration Act. When investigating those complaints and allegations, the Inspector General is authorized: (1) To have access to all records, reports, audits, reviews, documents, papers, recommendations, or other materials available that relate to programs and operations with respect to which the Inspector General has responsibilities under this Section. (2) To request any information or assistance that may be necessary for carrying out the duties and responsibilities provided by this Section from any local, State, or federal governmental agency or unit thereof. (3) To require by subpoena the appearance of witnesses and the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the functions assigned by this Section. A subpoena may be issued under this paragraph (3) only by the Inspector General and not by members of the Inspector General's staff. A person duly subpoenaed for testimony, documents, or other items who neglects or refuses to testify or produce documents or other items under the requirements of the subpoena shall be subject to punishment as may be determined by a court of competent jurisdiction, unless the testimony, documents, or other items are covered by the attorney-client privilege or any other privilege or right recognized by law. Nothing in this Section limits a person's right to protection against self-incrimination under the Fifth Amendment of the United States Constitution or Section 10 of Article I of the Constitution of the State of Illinois. (4) To have direct and prompt access to the Secretary of State for any purpose pertaining to the performance of functions and responsibilities under this Section. (5) As provided in subsection (d) of Section 5 of the Lobbyist Registration Act, to review allegations that an individual required to be registered under the Lobbyist Registration Act has engaged in one or more acts of sexual harassment. Upon completion of that review, the Inspector General shall submit a summary of the review to the Executive Ethics Commission. The Inspector General is authorized to file pleadings with the Executive Ethics Commission, through the Attorney General, if the Attorney General finds that reasonable cause exists to believe that a violation regarding acts of sexual harassment has occurred. The Secretary shall adopt rules setting forth the procedures for the review of such allegations. (e) The Inspector General may receive and investigate complaints or information concerning the possible existence of an activity constituting a violation of law, rules, or regulations; mismanagement; abuse of authority; or substantial and specific danger to the public health and safety. Any person who knowingly files a false complaint or files a complaint with reckless disregard for the truth or the falsity of the facts underlying the complaint may be subject to discipline as set forth in the rules of the Department of Personnel of the Secretary of State or the Inspector General may refer the matter to a State's Attorney or the Attorney General. The Inspector General may not, after receipt of a complaint or information, disclose the identity of the source without the consent of the source, unless the Inspector General determines that disclosure of the identity is reasonable and necessary for the furtherance of the investigation. Any employee who has the authority to recommend or approve any personnel action or to direct others to recommend or approve any personnel action may not, with respect to that authority, take or threaten to take any action against any employee as a reprisal for making a complaint or disclosing information to the Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. (f) The Inspector General must adopt rules, in accordance with the provisions of the Illinois Administrative Procedure Act, establishing minimum requirements for initiating, conducting, and completing investigations. The rules must establish criteria for determining, based upon the nature of the allegation, the appropriate method of investigation, which may include, but is not limited to, site visits, telephone contacts, personal interviews, or requests for written responses. The rules must also clarify how the Office of the Inspector General shall interact with other local, State, and federal law enforcement investigations. Any employee of the Secretary of State subject to investigation or inquiry by the Inspector General or any agent or representative of the Inspector General concerning misconduct that is criminal in nature shall have the right to be notified of the right to remain silent during the investigation or inquiry and the right to be represented in the investigation or inquiry by an attorney or a representative of a labor organization that is the exclusive collective bargaining representative of employees of the Secretary of State. Any investigation or inquiry by the Inspector General or any agent or representative of the Inspector General must be conducted with an awareness of the provisions of a collective bargaining agreement that applies to the employees of the Secretary of State and with an awareness of the rights of the employees as set forth in State and federal law and applicable judicial decisions. Any recommendations for discipline or any action taken against any employee by the Inspector General or any representative or agent of the Inspector General must comply with the provisions of the collective bargaining agreement that applies to the employee. (g) On or before January 1 of each year, the Inspector General shall report to the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives on the types of investigations and the activities undertaken by the Office of the Inspector General during the previous calendar year. (Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)

15 ILCS 305/15

(15 ILCS 305/15) Sec. 15. Electronic and facsimile filing of documents. (a) The Secretary of State may adopt rules to authorize the electronic filing of any document required to be filed with the Secretary under any Act administered by the Secretary. The rules may set forth standards for the acceptance of a signature in a form other than the proper handwriting of the person filing a document that requires his or her signature. (b) The Secretary of State may adopt rules that authorize the filing by facsimile of any document required to be filed with the Secretary under any Act administered by the Secretary. A signature on a document filed by facsimile in accordance with those rules is prima facie evidence for all purposes that the document actually was signed by the person whose signature appears on the facsimile. (Source: P.A. 89-670, eff. 8-14-96.)

15 ILCS 305/16

(15 ILCS 305/16) Sec. 16. Quarterly business report. The office of the Secretary of State shall issue a quarterly report to the General Assembly detailing the number of businesses registered with the Secretary of State, the number of new businesses incorporating or otherwise forming in Illinois, and the number of businesses renewing registrations in Illinois by category, including, but not limited to, limited and limited liability partnerships, corporations, and limited liability companies. The report shall include comparable data from the corresponding quarter of the previous calendar year and shall reflect any increases or decreases. The office of the Secretary of State shall publish the report on its website. (Source: P.A. 97-541, eff. 8-23-11.)

15 ILCS 305/17 The Secretary of State Antique Vehicle Show Fund

(15 ILCS 305/17) Sec. 17. The Secretary of State Antique Vehicle Show Fund. The Secretary of State is authorized to create a fund outside the State treasury, to be known as the Secretary of State Antique Vehicle Show Fund. The Fund shall be created and maintained in a manner approved by the Auditor General. The Fund shall be administered by the Secretary of State or his or her designee. Moneys received from entry fees paid by contestants in the Secretary of State Antique Vehicle Show may be deposited into the Fund. Moneys deposited into the Fund shall be used by the Secretary of State Antique Vehicle Show Committee to promote and produce the annual Secretary of State Antique Vehicle Show. (Source: P.A. 94-811, eff. 5-26-06.)

15 ILCS 305/18 Electronic Filing Supplemental Deposits into Department of Business Services Special Operations Fund

(15 ILCS 305/18) 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. (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 6-7-23.)

15 ILCS 305/19

(15 ILCS 305/19) Sec. 19. Contract aspirational goals. The Secretary of State shall establish aspirational goals for contract awards substantially in accordance with the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, unless otherwise governed by other law. The Secretary of State shall not be subject to the jurisdiction of the Business Enterprise Council established under the Business Enterprise for Minorities, Women, and Persons with Disabilities Act with regard to steps taken to achieve aspirational goals. The Secretary of State shall annually post the Office's utilization of businesses owned by minorities, women, and persons with disabilities during the preceding fiscal year on the Office's Internet websites. (Source: P.A. 100-801, eff. 8-10-18.)

15 ILCS 305/20

(15 ILCS 305/20) Sec. 20. Security guard shields. The Secretary may issue shields or other distinctive identification to his or her security guards, wherever located in the State, if the Secretary determines that a shield or distinctive identification is needed by the security guard to carry out his or her responsibilities. (Source: P.A. 93-423, eff. 8-5-03.)

15 ILCS 305/25

(15 ILCS 305/25) Sec. 25. Registration renewal notice sponsorship. (a) The Secretary of State is authorized to solicit and accept sponsorship of registration renewal notices solely for the purpose of offsetting the costs of preparing and distributing the notices. A sponsor shall pay a fee for the privilege of having a name or logo printed on the registration renewal notice. Any contract for sponsorship shall be for a term no longer than one-year. (b) The Secretary shall not enter into a sponsorship agreement with any of the following persons or entities: (1) any person or entity licensed or regulated by the Secretary, except a driver's license holder; (2) any person or entity manufacturing or distributing pharmaceuticals, tobacco products, medical marijuana, alcohol, or weapons; (3) any person holding any elected office, any candidate for any elected office, or any political committee registered with the Federal Elections Commission or State Board of Elections; or (4) any person or entity that makes independent expenditures in support or opposition of a person holding elected office, a candidate for elected office, or a referendum, ballot question, or constitutional amendment. (c) The sponsor's name or logo shall not include: (1) the name, image, or likeness of any elected or appointed official, candidate for elected or appointed office, any political party, or any political committee registered with the Federal Elections Commission or State Board of Elections; (2) any language or image advocating for or against a referendum, ballot question, constitutional amendment, or government action or inaction; (3) any language or image that is abusive, threatening, vulgar, obscene, or profane as determined by the Secretary; or (4) any other prohibited language or image as determined by the Secretary by rule. The sponsor's name or logo shall be smaller than the name or seal of the State of Illinois and shall not imply endorsement by the Secretary or the State of Illinois. (d) The Secretary shall provide public notice on the official website of the Secretary of State at least 30 days prior to the deadline for submitting a proposal. (e) Any proposal submitted to the Secretary shall include the following information: (1) the name and address of the entity; (2) the name and address of any person or entity with any ownership interest or distributive share of the entity in excess of 7.5%; (3) a statement describing the business operations or the primary mission of the entity; (4) a statement advising whether the person or entity is required to register with the State Board of Elections in accordance with Section 20-160 of the Illinois Procurement Code; (5) the name or logo the person or entity proposes printing on the registration renewal notices; and (6) the bid amount the entity offers to pay for the privilege of having its name or logo included on the registration renewal notices for the one-year period. Additional requirements and procedures for the proposal submission process shall be established by the Secretary. The Secretary shall have sole discretion in determining which, if any, of the eligible proposals to accept, and shall control all aspects of the design, content, and appearance of registration renewal notices. (f) All payments for sponsorship of registration renewal notices shall be deposited into the Secretary of State's Grant Fund to be used solely for the purpose of offsetting the costs of preparing and distributing registration renewal notices. (g) The Secretary of State shall adopt rules under the Illinois Administrative Procedure Act as necessary for the implementation of this registration renewal notices sponsorship program. (Source: P.A. 100-335, eff. 8-15-17.)

15 ILCS 305/30 (Repealed)

(15 ILCS 305/30) Sec. 30. (Repealed). (Source: P.A. 102-1103, eff. 12-6-22. Repealed internally, eff. 10-1-23.)

15 ILCS 305/34 Advance Directive Registry

(15 ILCS 305/34) Sec. 34. Advance Directive Registry. (a) By January 1, 2027, the Secretary of State shall establish an electronic registry, to be known as the Advance Directive Registry, through which residents of the State of Illinois may deposit, with the Secretary of State, a completed Department of Public Health Uniform Practitioner Order for Life-Sustaining Treatment (POLST) form. In calendar year 2026, the Secretary of State shall, in good faith, promote the Advance Directive Registry throughout the State by disseminating information about the Advance Directive Registry in the form and manner prescribed by the Secretary of State. (b) Information in the Advance Directive Registry shall be made available electronically to Emergency Medical Services personnel as defined in the Emergency Medical Services (EMS) Systems Act, administrators of hospitals licensed under the Hospital Licensing Act, and administrators of hospitals organized under the University of Illinois Hospital Act. Hospital administrators shall, as appropriate for their respective hospital, provide access to information in the Advance Directive Registry to hospital health care providers and health care professionals. Persons may rely on information obtained from the Advance Directive Registry as an accurate copy of the documents filed with the Advance Directive Registry. (c) Nothing in this Section shall limit the right to amend or revoke a Department of Public Health Uniform POLST form previously filed with the Advance Directive Registry. (d) The Secretary of State shall adopt any rules necessary to implement this amendatory Act of the 103rd General Assembly, and the Secretary of State shall also provide on the Secretary of State's website information regarding use of the Advance Directive Registry. (e) In the absence of gross negligence or willful misconduct, the Secretary of State and employees of the Secretary of State are immune from any civil or criminal liability in connection with the creation and maintenance of the Advance Directive Registry described in this Section. (f) A person who knowingly submits a document to the Advance Directive Registry without authorization or assists in such submission shall be guilty of a Class A misdemeanor. (g) Nothing in this Section requires a health care professional or health care provider, including Emergency Medical Services personnel as defined in the Emergency Medical Services (EMS) Systems Act, a hospital licensed under the Hospital Licensing Act, and a hospital organized under the University of Illinois Hospital Act, to (i) inquire whether a patient has a Department of Public Health Uniform POLST form registered on the Advance Directive Registry or (ii) access or search the Advance Directive Registry to determine whether a patient has registered a Department of Public Health Uniform POLST form or the terms of the form. (h) A health care professional or health care provider, including Emergency Medical Services personnel as defined in the Emergency Medical Services (EMS) Systems Act, a hospital licensed under the Hospital Licensing Act, and a hospital organized under the University of Illinois Hospital Act, is not subject to civil or criminal liability or professional discipline for failure to access or search the Advance Directive Registry. Notwithstanding any other provision of this Section, a health care professional or health care provider who relies in good faith on the provisions of a Department of Public Health Uniform POLST form retrieved from the Advance Directive Registry is immune from criminal and civil liability as described in subsection (d) of Section 65 of the Health Care Surrogate Act and Section 3.150 of the Emergency Medical Services (EMS) Systems Act. (Source: P.A. 103-908, eff. 1-1-25.)

15 ILCS 305/35 (Repealed)

(15 ILCS 305/35) Sec. 35. (Repealed). (Source: 102-813, eff. 5-13-22. Repealed internally, eff. 7-1-22.)

15 ILCS 305/36

(15 ILCS 305/36) Sec. 36. Authority to accept electronic signatures. (a) Through the adoption of administrative rules, the Secretary may authorize the filing of documents with his or her office that have been signed by electronic means. (b) The administrative rules adopted by the Secretary shall set forth the following: (1) the type of electronic signature required; (2) the manner and format in which the electronic signature must be affixed to the electronic record; (3) the types of transactions which may be filed with his or her office with electronic signatures; (4) the procedures for seeking certification of compliance with electronic signature requirements; and (5) the date on which the Secretary will begin accepting electronic signatures. (c) Any entity seeking to provide services to third parties for the execution of electronic signatures for filing with the Secretary of State shall apply for a certification of compliance with the requirements for the submission of electronic signatures. To receive a certification of compliance, the entity must establish the ability to comply with all of the requirements of this Section and the administrative rules adopted pursuant to this Section. There is no limitation on the number of entities that may be issued a certification of compliance. The Secretary shall include on its Internet website a list of the entities that have been issued a certification of compliance. (d) The Secretary shall only accept electronic signatures created by use of the services of an entity that has received a certification of compliance as set forth in this Section. (e) An electronic signature must meet all of the following requirements: (1) Be executed or adopted by a person with the intent to sign the document so as to indicate the person's approval of the information contained in the document. (2) Be attached to or logically associated with the information contained in the document being signed. (3) Be capable of reliable identification and authentication of the person as the signer. Identification and authentication may be accomplished through additional security procedures or processes if reliably correlated to the electronic signature. (4) Be linked to the document in a manner that would invalidate the electronic signature if the document is changed. (5) Be linked to the document so as to preserve its integrity as an accurate and complete record for the full retention period of the document. (6) Be compatible with the standards and technology for electronic signatures that are generally used in commerce and industry and by state governments. (f) If the Secretary determines an electronic signature is not in compliance with this Section or the administrative rules adopted pursuant to this Section, or is not in compliance with other applicable statutory or regulatory provisions, the Secretary may refuse to accept the signature. (g) Electronic signatures accepted by the Secretary of State shall have the same force and effect as manual signatures. (h) Electronic delivery of records accepted by the Secretary of State shall have the same force and effect as physical delivery of records. (i) Electronic records and electronic signatures accepted by the Secretary of State shall be admissible in all administrative, quasi-judicial, and judicial proceedings. In any such proceeding, nothing in the application of the rules of evidence shall apply so as to deny the admissibility of an electronic record or electronic signature into evidence on the sole ground that it is an electronic record or electronic signature, or on the grounds that it is not in its original form or is not an original. Information in the form of an electronic record shall be given due evidentiary weight by the trier of fact. (Source: P.A. 102-213, eff. 1-1-22; 102-813, eff. 5-13-22.)

15 ILCS 305/37

(15 ILCS 305/37) Sec. 37. Study on age-related changes that affect driving abilities. By October 1, 2023, the Secretary of State shall conduct a study on age-related changes in vision, physical functioning, and the ability to reason and remember, as well as any other diseases and medications that might affect safe driving abilities. When conducting the study, the Secretary of State may utilize data or academic studies conducted by other sources, including, but not limited to, other states, the Centers for Disease Control and Prevention, the American Geriatrics Society, and the National Highway Traffic Safety Administration. Upon completion of the study, if the study shows that there is no immediate risk to public safety, the Secretary of State may adopt administrative rules to raise the age requirement for actual demonstrations, provided that the required age shall be no lower than the minimum age required under subsection (c) of Section 6-109 of the Illinois Vehicle Code. (Source: P.A. 102-1103, eff. 12-6-22; 103-140, eff. 6-30-23.)

15 ILCS 305/37.5

(15 ILCS 305/37.5) Sec. 37.5. Certification of eligibility for visitor paratransit service. (a) The Secretary of State may issue guidance and develop standardized forms that an entity that is required to provide complementary paratransit service in Illinois under 49 CFR Part 37, Subpart F may use to determine and document the eligibility of persons for that service. (b) The Secretary of State shall ensure that the guidance issued and forms developed under subsection (a) merely describe the process that must be followed to document a person's eligibility for complementary paratransit service under 49 CFR Part 37, Subpart F and do not require the disclosure or recording of any specific information about an individual's disability. (Source: P.A. 104-457, eff. 6-1-26.)

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.ilga.gov/legislation/ilcs/ilcs.aspFetched: 10/17/2026