Full Text of HB4009 102nd General Assembly
HB4009ham001 102ND GENERAL ASSEMBLY | Rep. Anthony DeLuca Filed: 2/16/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4009
| 2 | | AMENDMENT NO. ______. Amend House Bill 4009 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by adding | 5 | | Section 18-184.20 as follows: | 6 | | (35 ILCS 200/18-184.20 new) | 7 | | Sec. 18-184.20. Grocery store abatement. | 8 | | (a) Each taxing district shall order the county clerk to | 9 | | abate its taxes on property that has been granted a | 10 | | certificate of eligibility for an abatement under this Section | 11 | | by the Department of Commerce and Economic Opportunity. The | 12 | | Department of Commerce and Economic Opportunity shall issue a | 13 | | certificate of eligibility for an abatement under this Section | 14 | | if the property meets all of the following criteria: (i) the | 15 | | property contains a grocery store; (ii) the property is | 16 | | located in an area that qualified as a food desert in the |
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| 1 | | taxable year immediately preceding the taxable year in which | 2 | | the grocery store first conducted business at that location; | 3 | | and (iii) as a result of the presence of that grocery store, | 4 | | the area no longer qualifies as a food desert. Property | 5 | | containing a grocery store may be granted a certificate of | 6 | | eligibility for an abatement under this Section for a period | 7 | | of 10 taxable years after the property is certified as | 8 | | eligible property or until the first taxable year in which the | 9 | | property is no longer used in a manner that would qualify it | 10 | | for an abatement under this Section, whichever occurs first. | 11 | | The owner of property that is eligible for an abatement under | 12 | | this Section shall apply each year to the Department of | 13 | | Commerce and Economic Opportunity for certification as a | 14 | | business that is eligible for an abatement under this Section. | 15 | | Application shall be made in the form and manner prescribed by | 16 | | the Department of Commerce and Economic Opportunity by rule. | 17 | | (b) Notwithstanding the provisions of subsection (a), | 18 | | property containing a grocery store is also eligible for an | 19 | | abatement under this Section if: (i) there is one, but not more | 20 | | than one, other grocery store located in the same geographic | 21 | | area as the applicant's property that causes the area not to | 22 | | qualify as a food desert at the time of the first application | 23 | | for an abatement under this Section with respect to the | 24 | | applicant's property; and (ii) either the applicant's grocery | 25 | | store or the other grocery store is owned by a minority person, | 26 | | a woman, or a person with a disability. |
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| 1 | | (c) For the purposes of this Section: | 2 | | "Food desert" means a census tract in the State in | 3 | | which: (i) (A) 20% or more of the households are at or | 4 | | below the federal poverty level, as reported by the United | 5 | | States Department of Health and Human Services; or (B) the | 6 | | median family income is at or below 80% of the area median | 7 | | family income, as reported in the most recent the American | 8 | | Community Survey (ACS) published by the U.S. Census Bureau | 9 | | and released prior to the date of the property's initial | 10 | | application under this Section; and (ii) at least 33% of | 11 | | the census tract's population lives more than one mile | 12 | | from a grocery store in the case of a census tract located | 13 | | in a Metropolitan Statistical Area or more than 10 miles | 14 | | from a grocery store in the case of a census tract located | 15 | | outside of a Metropolitan Statistical Area. | 16 | | "Grocery store" means a business that is authorized by | 17 | | the Department of Human Services to participate in the | 18 | | Women, Infants and Children Nutrition program and is | 19 | | primarily engaged in retailing a general line of food, | 20 | | such as canned and frozen foods; fresh fruits and | 21 | | vegetables; and fresh and prepared meats, fish, and | 22 | | poultry. | 23 | | "Minority person", "woman", and "person with a | 24 | | disability" have the meanings given to those terms in | 25 | | Section 2 of the Business Enterprise for Minorities, | 26 | | Women, and Persons with Disabilities Act.
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| 1 | | Section 10. The Counties Code is amended by adding Section | 2 | | 5-1111.5 as follows: | 3 | | (55 ILCS 5/5-1111.5 new) | 4 | | Sec. 5-1111.5. Building permit fee waiver. The county | 5 | | board shall waive all fees associated with building permits | 6 | | issued for the initial construction of a grocery store if the | 7 | | applicant files with its application for a building permit a | 8 | | sworn affidavit that, upon completion of the construction, the | 9 | | property will qualify for an abatement under Section 18-184.20 | 10 | | of the Property Tax Code. | 11 | | Section 15. The Illinois Municipal Code is amended by | 12 | | adding Section 11-39-5 as follows: | 13 | | (65 ILCS 5/11-39-5 new) | 14 | | Sec. 11-39-5. Building permit fee waiver. The corporate | 15 | | authorities of a municipality shall waive all fees associated | 16 | | with building permits issued for the initial construction of a | 17 | | grocery store if the applicant files with its application for | 18 | | a building permit a sworn affidavit that, upon completion of | 19 | | the construction, the property will qualify for an abatement | 20 | | under Section 18-184.20 of the Property Tax Code. | 21 | | Section 20. The Business Corporation Act of 1983 is |
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| 1 | | amended by changing Section 15.10 as follows:
| 2 | | (805 ILCS 5/15.10) (from Ch. 32, par. 15.10)
| 3 | | Sec. 15.10. Fees for filing documents. The Secretary of | 4 | | State shall charge and collect for:
| 5 | | (a) Filing articles of incorporation, $150.
| 6 | | (b) Filing articles of amendment, $50, unless the | 7 | | amendment is a
restatement
of the articles of
| 8 | | incorporation, in which case the fee shall be $150.
| 9 | | (c) Filing articles of merger or consolidation, $100, | 10 | | but if the merger or
consolidation involves more than 2 | 11 | | corporations, $50 for each
additional corporation.
| 12 | | (d) Filing articles of share exchange, $100.
| 13 | | (e) Filing articles of dissolution, $5.
| 14 | | (f) Filing application to reserve a corporate name, | 15 | | $25.
| 16 | | (g) Filing a notice of transfer of a reserved | 17 | | corporate name, $25.
| 18 | | (h) Filing statement of change of address of | 19 | | registered office or
change of registered agent, or both, | 20 | | $25.
| 21 | | (i) Filing statement of the establishment of a series | 22 | | of shares,
$25.
| 23 | | (j) Filing an application of a foreign corporation for | 24 | | authority to transact
business in this State, $150.
| 25 | | (k) Filing an application of a foreign corporation for |
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| 1 | | amended authority to
transact business in this State, $25.
| 2 | | (l) Filing a copy of amendment to the articles of | 3 | | incorporation of a
foreign corporation holding authority | 4 | | to transact
business in this State, $50, unless the | 5 | | amendment is a restatement
of
the articles of | 6 | | incorporation, in which case the fee shall be $150.
| 7 | | (m) Filing a copy of articles of merger of a foreign | 8 | | corporation
holding a certificate of authority to transact | 9 | | business in this State,
$100, but if the merger involves | 10 | | more than 2 corporations, $50 for each
additional | 11 | | corporation.
| 12 | | (n) Filing an application for withdrawal and final | 13 | | report or a copy of
articles of dissolution of a foreign | 14 | | corporation, $25.
| 15 | | (o) Filing an annual report, interim annual report, or | 16 | | final transition
annual report of a domestic or foreign | 17 | | corporation, $75. No fee shall be be imposed under this | 18 | | paragraph (o) for a domestic or foreign corporation that | 19 | | operates a grocery store that has been granted an | 20 | | abatement under Section 18-184.20 of the Property Tax | 21 | | Code.
| 22 | | (p) Filing an application for reinstatement of a | 23 | | domestic or a foreign
corporation, $200.
| 24 | | (q) Filing an application for use of an assumed | 25 | | corporate name, $150 for
each year or part thereof
ending | 26 | | in 0 or 5, $120 for each year or part thereof ending in 1 |
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| 1 | | or 6, $90
for each year or part thereof ending in 2 or 7, | 2 | | $60 for each year or part
thereof ending in 3 or 8, $30 for | 3 | | each year or part thereof ending in 4 or 9,
between the | 4 | | date of filing
the application and the date of the renewal | 5 | | of the assumed corporate name;
and a renewal fee for each | 6 | | assumed corporate name, $150.
| 7 | | (r) To change an assumed corporate name for the period | 8 | | remaining until
the renewal date of the original assumed | 9 | | name, $25.
| 10 | | (s) Filing an application for cancellation of an | 11 | | assumed corporate name, $5.
| 12 | | (t) Filing an application to register the corporate | 13 | | name of a foreign
corporation, $50; and an annual renewal | 14 | | fee for the registered name, $50.
| 15 | | (u) Filing an application for cancellation of a | 16 | | registered name of a
foreign corporation, $25.
| 17 | | (v) Filing a statement of correction, $50.
| 18 | | (w) Filing a petition for refund or adjustment, $5.
| 19 | | (x) Filing a statement of election of an extended | 20 | | filing month, $25.
| 21 | | (y) Filing a report of interim changes, $50. | 22 | | (z) Filing any other statement or report, $5.
| 23 | | (Source: P.A. 102-282, eff. 1-1-22 .)
| 24 | | Section 25. The Limited Liability Company Act is amended | 25 | | by changing Section 50-10 as follows:
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| 1 | | (805 ILCS 180/50-10)
| 2 | | Sec. 50-10. Fees.
| 3 | | (a) The Secretary of State shall charge and collect in
| 4 | | accordance with the provisions of this Act and rules
| 5 | | promulgated under its authority all of the following:
| 6 | | (1) Fees for filing documents.
| 7 | | (2) Miscellaneous charges.
| 8 | | (3) Fees for copies
of any documents.
| 9 | | (b) The Secretary of State shall charge and collect for
| 10 | | all of the following:
| 11 | | (1) Filing articles of organization (domestic), | 12 | | application for
admission (foreign), and restated articles | 13 | | of
organization (domestic), $150. Notwithstanding the | 14 | | foregoing, the fee for filing articles of organization | 15 | | (domestic), application for admission (foreign), and | 16 | | restated articles of organization (domestic) in connection | 17 | | with a limited liability company with a series or the | 18 | | ability to establish a series pursuant to Section 37-40 of | 19 | | this Act is $400.
| 20 | | (2) Filing amendments (domestic or foreign), $50.
| 21 | | (3) Filing a statement of termination or
application
| 22 | | for withdrawal, $5.
| 23 | | (4) Filing an application to reserve a name, $25.
| 24 | | (5) Filing a notice of cancellation of a reserved | 25 | | name, $5.
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| 1 | | (6) Filing a notice of a transfer of a reserved
name, | 2 | | $25.
| 3 | | (7) Registration of a name, $50.
| 4 | | (8) Renewal of registration of a name, $50.
| 5 | | (9) Filing an application for use of an assumed
name | 6 | | under Section 1-20 of this Act, $150 for each
year or part | 7 | | thereof ending in 0 or 5, $120 for each year or
part | 8 | | thereof ending in 1 or 6, $90 for each year or part thereof | 9 | | ending in 2 or
7, $60 for each year or part thereof ending | 10 | | in 3 or 8, $30 for each year or
part thereof ending in 4 or | 11 | | 9, and a renewal for each assumed name, $150.
| 12 | | (9.5) Filing an application for change of an assumed | 13 | | name, $25. | 14 | | (10) Filing an application for cancellation of an | 15 | | assumed
name, $5.
| 16 | | (11) Filing an annual report of a limited liability
| 17 | | company or foreign limited liability company, $75, if
| 18 | | filed as required by this Act, plus a penalty if
| 19 | | delinquent. Notwithstanding the foregoing, the fee for | 20 | | filing an annual report of a limited liability company or | 21 | | foreign limited liability company is $75 plus $50 for each | 22 | | series for which a certificate of designation has been | 23 | | filed pursuant to Section 37-40 of this Act and is in | 24 | | effect on the last day of the third month preceding the | 25 | | company's anniversary month, plus a penalty if delinquent.
| 26 | | No fee shall be be imposed under this paragraph (11) for a |
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| 1 | | limited liability company that operates a grocery store | 2 | | that has been granted an abatement under Section 18-184.20 | 3 | | of the Property Tax Code.
| 4 | | (12) Filing an application for reinstatement of a
| 5 | | limited liability company or foreign limited liability
| 6 | | company, $200.
| 7 | | (13) Filing articles of merger, $100 plus $50 for each | 8 | | party to the
merger in excess of the first 2 parties.
| 9 | | (14) (Blank).
| 10 | | (15) Filing a statement of change of address of | 11 | | registered office or change of registered agent, or both, | 12 | | or filing a statement of correction, $25.
| 13 | | (16) Filing a petition for refund, $5.
| 14 | | (17) Filing a certificate of designation of a limited | 15 | | liability company with a series pursuant to Section 37-40 | 16 | | of this Act, $50. | 17 | | (18) (Blank). | 18 | | (19) Filing, amending, or cancelling a statement of | 19 | | authority, $50. | 20 | | (20) Filing, amending, or cancelling a statement of | 21 | | denial, $10. | 22 | | (21) Filing any other document, $5. | 23 | | (22) For furnishing a copy or certified copy of any | 24 | | document, instrument, or paper relating to a limited | 25 | | liability company or foreign limited liability company, or | 26 | | for a certificate, $25.
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| 1 | | (c) (Blank).
| 2 | | (Source: P.A. 101-81, eff. 7-12-19; 101-578, eff. 8-26-19; | 3 | | 102-49, eff. 1-1-22 .)".
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