Illinois General Assembly - Full Text of HB4009
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Full Text of HB4009  102nd General Assembly

HB4009 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4009

 

Introduced 3/4/2021, 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.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4009LRB102 09968 HLH 15286 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
18immediately preceding the taxable year in which the grocery
19store or supermarket first conducted business at that
20location. The owner of property that is eligible for an
21abatement under this Section shall apply each year to the
22Department of Commerce and Economic Opportunity for
23certification as a business that is eligible for an abatement

 

 

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1under this Section. Application shall be made in the form and
2manner prescribed by the Department of Commerce and Economic
3Opportunity by rule.
4    For the purposes of this Section:
5        "Food desert" means a census tract in the State in
6    which (i) the poverty rate is 20% or greater, or the median
7    family income is at or below 80% of the area median family
8    income, and (ii) at least 33% of the census tract's
9    population lives more than one mile from a supermarket or
10    grocery store in the case of a census tract located in a
11    Metropolitan Statistical Area, or more than 10 miles from
12    a supermarket or grocery store in the case of a census
13    tract located outside of a Metropolitan Statistical Area.
14        "Minority person", "woman", and "person with a
15    disability" have the meanings given to those terms in
16    Section 2 of the Business Enterprise for Minorities,
17    Women, and Persons with Disabilities Act.
 
18    Section 10. The Counties Code is amended by adding Section
195-1111.5 as follows:
 
20    (55 ILCS 5/5-1111.5 new)
21    Sec. 5-1111.5. Building permit fee waiver. The county
22board shall waive all fees associated with building permits
23issued for the initial construction of a grocery store that
24qualifies for an abatement under Section 18-184.15 of the

 

 

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1Property Tax Code.
 
2    Section 15. The Illinois Municipal Code is amended by
3adding Section 11-39-5 as follows:
 
4    (65 ILCS 5/11-39-5 new)
5    Sec. 11-39-5. Building permit fee waiver. The corporate
6authorities of the municipality shall waive all fees
7associated with building permits issued for the initial
8construction of a grocery store that qualifies for an
9abatement under Section 18-184.15 of the Property Tax Code.
 
10    Section 20. The Business Corporation Act of 1983 is
11amended by changing Section 15.10 as follows:
 
12    (805 ILCS 5/15.10)  (from Ch. 32, par. 15.10)
13    Sec. 15.10. Fees for filing documents. The Secretary of
14State shall charge and collect for:
15    (a) Filing articles of incorporation, $150.
16    (b) Filing articles of amendment, $50, unless the
17amendment is a restatement of the articles of incorporation,
18in which case the fee shall be $150.
19    (c) Filing articles of merger or consolidation, $100, but
20if the merger or consolidation involves more than 2
21corporations, $50 for each additional corporation.
22    (d) Filing articles of share exchange, $100.

 

 

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1    (e) Filing articles of dissolution, $5.
2    (f) Filing application to reserve a corporate name, $25.
3    (g) Filing a notice of transfer of a reserved corporate
4name, $25.
5    (h) Filing statement of change of address of registered
6office or change of registered agent, or both, $25.
7    (i) Filing statement of the establishment of a series of
8shares, $25.
9    (j) Filing an application of a foreign corporation for
10authority to transact business in this State, $150.
11    (k) Filing an application of a foreign corporation for
12amended authority to transact business in this State, $25.
13    (l) Filing a copy of amendment to the articles of
14incorporation of a foreign corporation holding authority to
15transact business in this State, $50, unless the amendment is
16a restatement of the articles of incorporation, in which case
17the fee shall be $150.
18    (m) Filing a copy of articles of merger of a foreign
19corporation holding a certificate of authority to transact
20business in this State, $100, but if the merger involves more
21than 2 corporations, $50 for each additional corporation.
22    (n) Filing an application for withdrawal and final report
23or a copy of articles of dissolution of a foreign corporation,
24$25.
25    (o) Filing an annual report, interim annual report, or
26final transition annual report of a domestic or foreign

 

 

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1corporation, $75. No fee shall be be imposed under this
2paragraph (o) for a domestic or foreign corporation that
3operates a grocery store or supermarket that: (i) is owned by a
4minority person, a woman, or a person with a disability; (ii)
5offers fresh produce for sale at retail but does not sell
6alcohol; and (iii) is located in an area that qualified as a
7food desert, as defined in Section 18-184.15 of the Property
8Tax Code.
9    (p) Filing an application for reinstatement of a domestic
10or a foreign corporation, $200.
11    (q) Filing an application for use of an assumed corporate
12name, $150 for each year or part thereof ending in 0 or 5, $120
13for each year or part thereof ending in 1 or 6, $90 for each
14year or part thereof ending in 2 or 7, $60 for each year or
15part thereof ending in 3 or 8, $30 for each year or part
16thereof ending in 4 or 9, between the date of filing the
17application and the date of the renewal of the assumed
18corporate name; and a renewal fee for each assumed corporate
19name, $150.
20    (r) To change an assumed corporate name for the period
21remaining until the renewal date of the original assumed name,
22$25.
23    (s) Filing an application for cancellation of an assumed
24corporate name, $5.
25    (t) Filing an application to register the corporate name
26of a foreign corporation, $50; and an annual renewal fee for

 

 

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

 

 

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

 

 

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

 

 

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1        (15) Filing a statement of change of address of
2    registered office or change of registered agent, or both,
3    or filing a statement of correction, $25.
4        (16) Filing a petition for refund, $5.
5        (17) Filing a certificate of designation of a limited
6    liability company with a series pursuant to Section 37-40
7    of this Act, $50.
8        (18) (Blank).
9        (19) Filing, amending, or cancelling a statement of
10    authority, $50.
11        (20) Filing, amending, or cancelling a statement of
12    denial, $10.
13        (21) Filing any other document, $5.
14    (c) The Secretary of State shall charge and collect all of
15the following:
16        (1) For furnishing a copy or certified copy of any
17    document, instrument, or paper relating to a limited
18    liability company or foreign limited liability company, or
19    for a certificate, $25.
20        (2) For the transfer of information by computer
21    process media to any purchaser, fees established by rule.
22(Source: P.A. 100-561, eff. 7-1-18; 100-571, eff. 12-20-17;
23101-81, eff. 7-12-19; 101-578, eff. 8-26-19.)