101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5874

 

Introduced , by Rep. Anthony DeLuca

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/18-184.15 new
55 ILCS 5/5-1111.5 new
65 ILCS 5/11-39-5 new
805 ILCS 5/15.10  from Ch. 32, par. 15.10
805 ILCS 180/50-10

    Amends the Property Tax Code. Provides that any taxing district shall abate its taxes on property that (i) contains a grocery store or supermarket that is owned by a minority person, a woman, or a person with a disability and offers fresh produce for sale at retail but does not sell alcohol and (ii) is located in an area that qualified as a food desert in the taxable year immediately preceding the taxable year in which the grocery store or supermarket first conducted business at that location. Defines terms "food desert", "minority person", "woman", and "person with a disability". Amends the Counties Code and the Illinois Municipal Code. Provides that counties and municipalities shall waive all fees associated with building permits issued for property that has been granted an abatement under those provisions. Amends the Business Corporation Act of 1983 and the Limited Liability Company Act to waive fees for filing an annual report.


LRB101 23211 HLH 74355 b

 

 

A BILL FOR

 

HB5874LRB101 23211 HLH 74355 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by adding
5Section 18-184.15 as follows:
 
6    (35 ILCS 200/18-184.15 new)
7    Sec. 18-184.15. Grocery store abatement. Each taxing
8district shall, for a period of 10 taxable years after the
9property is certified as eligible property or until the first
10taxable year in which the property is no longer used in a
11manner that would qualify it for an abatement under this
12Section, whichever occurs first, order the county clerk to
13abate its taxes on property that (i) contains a grocery store
14or supermarket that is owned by a minority person, a woman, or
15a person with a disability and offers fresh produce for sale at
16retail but does not sell alcohol and (ii) is located in an area
17that qualified as a food desert in the taxable year immediately
18preceding the taxable year in which the grocery store or
19supermarket first conducted business at that location. The
20owner of property that is eligible for an abatement under this
21Section shall apply each year to the Department of Commerce and
22Economic Opportunity for certification as a business that is
23eligible for an abatement under this Section. Application shall

 

 

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1be made in the form and manner prescribed by the Department of
2Commerce and Economic Opportunity by rule.
3    For the purposes of this Section:
4        "Food desert" means a census tract in the State in
5    which (i) the poverty rate is 20% or greater, or the median
6    family income is at or below 80% of the area median family
7    income, and (ii) at least 33% of the census tract's
8    population lives more than one mile from a supermarket or
9    grocery store in the case of a census tract located in a
10    Metropolitan Statistical Area, or more than 10 miles from a
11    supermarket or grocery store in the case of a census tract
12    located outside of a Metropolitan Statistical Area.
13        "Minority person", "woman", and "person with a
14    disability" have the meanings given to those terms in
15    Section 2 of the Business Enterprise for Minorities, Women,
16    and Persons with Disabilities Act.
 
17    Section 10. The Counties Code is amended by adding Section
185-1111.5 as follows:
 
19    (55 ILCS 5/5-1111.5 new)
20    Sec. 5-1111.5. Building permit fee waiver. The county board
21shall waive all fees associated with building permits issued
22for the initial construction of a grocery store that qualifies
23for an abatement under Section 18-184.15 of the Property Tax
24Code.
 

 

 

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1    Section 15. The Illinois Municipal Code is amended by
2adding Section 11-39-5 as follows:
 
3    (65 ILCS 5/11-39-5 new)
4    Sec. 11-39-5. Building permit fee waiver. The corporate
5authorities of the municipality shall waive all fees associated
6with building permits issued for the initial construction of a
7grocery store that qualifies for an abatement under Section
818-184.15 of the Property Tax Code.
 
9    Section 20. The Business Corporation Act of 1983 is amended
10by changing Section 15.10 as follows:
 
11    (805 ILCS 5/15.10)  (from Ch. 32, par. 15.10)
12    Sec. 15.10. Fees for filing documents. The Secretary of
13State shall charge and collect for:
14    (a) Filing articles of incorporation, $150.
15    (b) Filing articles of amendment, $50, unless the amendment
16is a restatement of the articles of incorporation, in which
17case the fee shall be $150.
18    (c) Filing articles of merger or consolidation, $100, but
19if the merger or consolidation involves more than 2
20corporations, $50 for each additional corporation.
21    (d) Filing articles of share exchange, $100.
22    (e) Filing articles of dissolution, $5.

 

 

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1    (f) Filing application to reserve a corporate name, $25.
2    (g) Filing a notice of transfer of a reserved corporate
3name, $25.
4    (h) Filing statement of change of address of registered
5office or change of registered agent, or both, $25.
6    (i) Filing statement of the establishment of a series of
7shares, $25.
8    (j) Filing an application of a foreign corporation for
9authority to transact business in this State, $150.
10    (k) Filing an application of a foreign corporation for
11amended authority to transact business in this State, $25.
12    (l) Filing a copy of amendment to the articles of
13incorporation of a foreign corporation holding authority to
14transact business in this State, $50, unless the amendment is a
15restatement of the articles of incorporation, in which case the
16fee shall be $150.
17    (m) Filing a copy of articles of merger of a foreign
18corporation holding a certificate of authority to transact
19business in this State, $100, but if the merger involves more
20than 2 corporations, $50 for each additional corporation.
21    (n) Filing an application for withdrawal and final report
22or a copy of articles of dissolution of a foreign corporation,
23$25.
24    (o) Filing an annual report, interim annual report, or
25final transition annual report of a domestic or foreign
26corporation, $75. No fee shall be be imposed under this

 

 

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1paragraph (o) for a domestic or foreign corporation that
2operates a grocery store or supermarket that: (i) is owned by a
3minority person, a woman, or a person with a disability; (ii)
4offers fresh produce for sale at retail but does not sell
5alcohol; and (iii) is located in an area that qualified as a
6food desert, as defined in Section 18-184.15 of the Property
7Tax Code.
8    (p) Filing an application for reinstatement of a domestic
9or a foreign corporation, $200.
10    (q) Filing an application for use of an assumed corporate
11name, $150 for each year or part thereof ending in 0 or 5, $120
12for each year or part thereof ending in 1 or 6, $90 for each
13year or part thereof ending in 2 or 7, $60 for each year or part
14thereof ending in 3 or 8, $30 for each year or part thereof
15ending in 4 or 9, between the date of filing the application
16and the date of the renewal of the assumed corporate name; and
17a renewal fee for each assumed corporate name, $150.
18    (r) To change an assumed corporate name for the period
19remaining until the renewal date of the original assumed name,
20$25.
21    (s) Filing an application for cancellation of an assumed
22corporate name, $5.
23    (t) Filing an application to register the corporate name of
24a foreign corporation, $50; and an annual renewal fee for the
25registered name, $50.
26    (u) Filing an application for cancellation of a registered

 

 

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1name of a foreign corporation, $25.
2    (v) Filing a statement of correction, $50.
3    (w) Filing a petition for refund or adjustment, $5.
4    (x) Filing a statement of election of an extended filing
5month, $25.
6    (y) Filing any other statement or report, $5.
7(Source: P.A. 95-331, eff. 8-21-07.)
 
8    Section 25. The Limited Liability Company Act is amended by
9changing Section 50-10 as follows:
 
10    (805 ILCS 180/50-10)
11    Sec. 50-10. Fees.
12    (a) The Secretary of State shall charge and collect in
13accordance with the provisions of this Act and rules
14promulgated under its authority all of the following:
15        (1) Fees for filing documents.
16        (2) Miscellaneous charges.
17        (3) Fees for the sale of lists of filings and for
18    copies of any documents.
19    (b) The Secretary of State shall charge and collect for all
20of the following:
21        (1) Filing articles of organization (domestic),
22    application for admission (foreign), and restated articles
23    of organization (domestic), $150. Notwithstanding the
24    foregoing, the fee for filing articles of organization

 

 

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1    (domestic), application for admission (foreign), and
2    restated articles of organization (domestic) in connection
3    with a limited liability company with a series or the
4    ability to establish a series pursuant to Section 37-40 of
5    this Act is $400.
6        (2) Filing amendments (domestic or foreign), $50.
7        (3) Filing a statement of termination or application
8    for withdrawal, $5.
9        (4) Filing an application to reserve a name, $25.
10        (5) Filing a notice of cancellation of a reserved name,
11    $5.
12        (6) Filing a notice of a transfer of a reserved name,
13    $25.
14        (7) Registration of a name, $50.
15        (8) Renewal of registration of a name, $50.
16        (9) Filing an application for use of an assumed name
17    under Section 1-20 of this Act, $150 for each year or part
18    thereof ending in 0 or 5, $120 for each year or part
19    thereof ending in 1 or 6, $90 for each year or part thereof
20    ending in 2 or 7, $60 for each year or part thereof ending
21    in 3 or 8, $30 for each year or part thereof ending in 4 or
22    9, and a renewal for each assumed name, $150.
23        (9.5) Filing an application for change of an assumed
24    name, $25.
25        (10) Filing an application for cancellation of an
26    assumed name, $5.

 

 

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1        (11) Filing an annual report of a limited liability
2    company or foreign limited liability company, $75, if filed
3    as required by this Act, plus a penalty if delinquent.
4    Notwithstanding the foregoing, the fee for filing an annual
5    report of a limited liability company or foreign limited
6    liability company is $75 plus $50 for each series for which
7    a certificate of designation has been filed pursuant to
8    Section 37-40 of this Act and is in effect on the last day
9    of the third month preceding the company's anniversary
10    month, plus a penalty if delinquent. No fee shall be be
11    imposed under this paragraph (11) for a limited liability
12    company that operates a grocery store or supermarket that:
13    (i) is owned by a minority person, a woman, or a person
14    with a disability; (ii) offers fresh produce for sale at
15    retail but does not sell alcohol; and (iii) is located in
16    an area that qualified as a food desert, as defined in
17    Section 18-184.15 of the Property Tax Code.
18        (12) Filing an application for reinstatement of a
19    limited liability company or foreign limited liability
20    company, $200.
21        (13) Filing articles of merger, $100 plus $50 for each
22    party to the merger in excess of the first 2 parties.
23        (14) (Blank).
24        (15) Filing a statement of change of address of
25    registered office or change of registered agent, or both,
26    or filing a statement of correction, $25.

 

 

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1        (16) Filing a petition for refund, $5.
2        (17) Filing a certificate of designation of a limited
3    liability company with a series pursuant to Section 37-40
4    of this Act, $50.
5        (18) (Blank).
6        (19) Filing, amending, or cancelling a statement of
7    authority, $50.
8        (20) Filing, amending, or cancelling a statement of
9    denial, $10.
10        (21) Filing any other document, $5.
11    (c) The Secretary of State shall charge and collect all of
12the following:
13        (1) For furnishing a copy or certified copy of any
14    document, instrument, or paper relating to a limited
15    liability company or foreign limited liability company, or
16    for a certificate, $25.
17        (2) For the transfer of information by computer process
18    media to any purchaser, fees established by rule.
19(Source: P.A. 100-561, eff. 7-1-18; 100-571, eff. 12-20-17;
20101-81, eff. 7-12-19; 101-578, eff. 8-26-19.)