SB1615 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1615

 

Introduced 2/26/2021, by Sen. Dale Fowler

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 605/605-1050

    Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that of the federal funds received by the State for purposes related to the COVID-19 public health emergency, 25% of any such funds received on or after March 1, 2021 shall be allocated for use by the Coronavirus Business Interruption Grant Program (BIG Program). Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Commerce and Economic
5Opportunity Law of the Civil Administrative Code of Illinois
6is amended by changing Section 605-1050 as follows:
 
7    (20 ILCS 605/605-1050)
8    Sec. 605-1050. Coronavirus Business Interruption Grant
9Program (or BIG Program).
10    (a) Purpose. The Department may receive, directly or
11indirectly, federal funds under the authority of legislation
12passed in response to the Coronavirus epidemic including, but
13not limited to, the Coronavirus Aid, Relief, and Economic
14Security Act, P.L. 116-136 (the "CARES Act"). Section 5001 of
15the CARES Act establishes the Coronavirus Relief Fund, which
16authorizes the State to expend funds that are necessary to
17respond to the COVID-19 public health emergency. The financial
18support of Qualifying Businesses is a necessary expense under
19federal guidance for implementing Section 5001 of the CARES
20Act. Upon receipt or availability of such funds, and subject
21to appropriations for their use, the Department shall
22administer a program to provide financial assistance to
23Qualifying Businesses that have experienced interruption of

 

 

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1business or other adverse conditions attributable to the
2COVID-19 public health emergency. Support may be provided
3directly by the Department to businesses and organizations or
4in cooperation with a Qualified Partner. Financial assistance
5may include, but not be limited to grants, expense
6reimbursements, or subsidies.
7    (a-5) Of the federal funds received by the State for
8purposes related to the COVID-19 public health emergency, 25%
9of any such funds received on or after March 1, 2021 shall be
10allocated for use by the Program created under this Section.
11    (b) From appropriations for the BIG Program, up to
12$60,000,000 may be allotted to the repayment or conversion of
13Eligible Loans made pursuant to the Department's Emergency
14Loan Fund Program. An Eligible Loan may be repaid or converted
15through a grant payment, subsidy, or reimbursement payment to
16the recipient or, on behalf of the recipient, to the Qualified
17Partner, or by any other lawful method.
18    (c) From appropriations for the BIG Program, the
19Department shall provide financial assistance through grants,
20expense reimbursements, or subsidies to Qualifying Businesses
21or a Qualified Partner to cover expenses or losses incurred
22due to the COVID-19 public health emergency. With a minimum of
2350% going to Qualified Businesses that enable critical support
24services such as child care, day care, and early childhood
25education, the BIG Program will reimburse costs or losses
26incurred by Qualifying Businesses due to business interruption

 

 

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1caused by required closures, as authorized in federal guidance
2regarding the Coronavirus Relief Fund. All spending related to
3this program must be reimbursable by the Federal Coronavirus
4Relief Fund in accordance with Section 5001 of the federal
5CARES Act and any related federal guidance, or the provisions
6of any other federal source supporting the program.
7    (d) As more fully described in subsection (c), funds will
8be appropriated to the BIG Program for distribution to or on
9behalf of Qualifying Businesses. Of the funds appropriated, a
10minimum of 30% shall be allotted for Qualified Businesses with
11ZIP codes located in the most disproportionately impacted
12areas of Illinois, based on positive COVID-19 cases.
13    (e) The Department shall coordinate with the Department of
14Human Services with respect to making grants, expense
15reimbursements or subsidies to any child care or day care
16provider providing services under Section 9A-11 of the
17Illinois Public Aid Code to determine what resources the
18Department of Human Services may be providing to a child care
19or day care provider under Section 9A-11 of the Illinois
20Public Aid Code.
21    (f) The Department may establish by rule administrative
22procedures for the grant program, including any application
23procedures, grant agreements, certifications, payment
24methodologies, and other accountability measures that may be
25imposed upon participants in the program. The emergency
26rulemaking process may be used to promulgate the initial rules

 

 

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1of the grant program.
2    (g) Definitions. As used in this Section:
3        (1) "COVID-19" means the novel coronavirus disease
4    deemed COVID-19 by the World Health Organization on
5    February 11, 2020.
6        (2) "Qualifying Business" means a business or
7    organization that is experiencing business interruption
8    due to the COVID-19 public health emergency and is
9    eligible for reimbursement as prescribed by Section 601(a)
10    of the Social Security Act and added by Section 5001 of the
11    CARES Act or other federal legislation addressing the
12    COVID-19 crisis.
13        (3) "Eligible Loan" means a loan of up to $50,000 that
14    was deemed eligible for funding under the Department's
15    Emergency Loan Fund Program and for which repayment will
16    be eligible for reimbursement from Coronavirus Relief Fund
17    monies pursuant to Section 5001 of the federal CARES Act
18    and any related federal guidance.
19        (4) "Emergency Loan Fund Program", also referred to as
20    the "COVID-19 Emergency Relief Program", is a program
21    executed by the Department by which the State Small
22    Business Credit Initiative fund is utilized to guarantee
23    loans released by a financial intermediary or Qualified
24    Partner.
25        (5) "Qualified Partner" means a financial institution
26    or nonprofit with which the Department has entered into an

 

 

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1    agreement or contract to provide or incentivize assistance
2    to Qualifying Businesses.
3    (h) Powers of the Department. The Department has the power
4to:
5        (1) provide grants, subsidies and expense
6    reimbursements to Qualified Businesses or, on behalf of
7    Qualified Businesses, to Qualified Partners from
8    appropriations to cover Qualified Businesses eligible
9    costs or losses incurred due to the COVID-19 public health
10    emergency, including losses caused by business
11    interruption or closure;
12        (2) enter into agreements, accept funds, issue grants,
13    and engage in cooperation with agencies of the federal
14    government, units of local government, financial
15    institutions, and nonprofit organizations to carry out the
16    purposes of this Program, and to use funds appropriated
17    for the BIG Program;
18        (3) prepare forms for application, notification,
19    contract, and other matters, and establish procedures,
20    rules, or regulations deemed necessary and appropriate to
21    carry out the provisions of this Section;
22        (4) provide staff, administration, and related support
23    required to manage the BIG Program and pay for the
24    staffing, administration, and related support;
25        (5) using data provided by the Illinois Department of
26    Public Health and other reputable sources, determine which

 

 

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1    geographic regions in Illinois have been most
2    disproportionately impacted by the COVID-19 public health
3    emergency, considering factors of positive cases, positive
4    case rates, and economic impact; and
5        (6) determine which industries and businesses in
6    Illinois have been most disproportionately impacted by the
7    COVID-19 public health emergency and establish procedures
8    that prioritize greatly impacted industries and
9    businesses, as well as Qualified Businesses that did not
10    receive paycheck protection program assistance.
11(Source: P.A. 101-636, eff. 6-10-20.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.