101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB4011

 

Introduced 1/4/2021, by Sen. Donald P. DeWitte

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 605/605-1047

    Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that rules adopted for the Local Coronavirus Urgent Remediation Emergency (or Local CURE) Support Program shall not prohibit or restrict municipalities and counties from making expenditures authorized by the United States Department of the Treasury guidelines or as determined by Congress.


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A BILL FOR

 

SB4011LRB101 22232 RJF 73263 b

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 is
6amended by changing Section 605-1047 as follows:
 
7    (20 ILCS 605/605-1047)
8    Sec. 605-1047 605-1045. Local Coronavirus Urgent
9Remediation Emergency (or Local CURE) Support Program.
10    (a) Purpose. The Department may receive, directly or
11indirectly, federal funds from the Coronavirus Relief Fund
12provided to the State pursuant to Section 5001 of the federal
13Coronavirus Aid, Relief, and Economic Security (CARES) Act to
14provide financial support to units of local government for
15purposes authorized by Section 5001 of the federal Coronavirus
16Aid, Relief, and Economic Security (CARES) Act and related
17federal guidance. Upon receipt of such funds, and
18appropriations for their use, the Department shall administer a
19Local Coronavirus Urgent Remediation Emergency (or Local CURE)
20Support Program to provide financial support to units of local
21government that have incurred necessary expenditures due to the
22COVID-19 public health emergency. The Department shall provide
23by rule the administrative framework for the Local CURE Support

 

 

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1Program.
2    (b) Allocations. A portion of the funds appropriated for
3the Local CURE Support Program may be allotted to
4municipalities and counties based on proportionate population.
5Units of local government, or portions thereof, located within
6the five Illinois counties that received direct allotments from
7the federal Coronavirus Relief Fund will not be included in the
8support program allotments. The Department may establish other
9administrative procedures for providing financial support to
10units of local government. Appropriated funds may be used for
11administration of the support program, including the hiring of
12a service provider to assist with coordination and
13administration.
14    (c) Administrative Procedures. The Department may
15establish administrative procedures for the support program,
16including any application procedures, grant agreements,
17certifications, payment methodologies, and other
18accountability measures that may be imposed upon recipients of
19funds under the grant program. Financial support may be
20provided in the form of grants or in the form of expense
21reimbursements for disaster-related expenditures. The
22emergency rulemaking process may be used to adopt promulgate
23the initial rules of the grant program. The rules adopted under
24this Section shall not prohibit or restrict municipalities and
25counties from making expenditures authorized by the United
26States Department of the Treasury guidelines or as determined

 

 

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1by Congress.
2    (d) Definitions. As used in this Section:
3        (1) "COVID-19" means the novel coronavirus virus
4    disease deemed COVID-19 by the World Health Organization on
5    February 11, 2020.
6        (2) "Local government" or "unit of local government"
7    means any unit of local government as defined in Article
8    VII, Section 1 of the Illinois Constitution.
9        (3) "Third party administrator" means a service
10    provider selected by the Department to provide operational
11    assistance with the administration of the support program.
12    (e) Powers of the Department. The Department has the power
13to:
14        (1) Provide financial support to eligible units of
15    local government with funds appropriated from the Local
16    Coronavirus Urgent Remediation Emergency (Local CURE) Fund
17    to cover necessary costs incurred due to the COVID-19
18    public health emergency that are eligible to be paid using
19    federal funds from the Coronavirus Relief Fund.
20        (2) Enter into agreements, accept funds, issue grants
21    or expense reimbursements, and engage in cooperation with
22    agencies of the federal government and units of local
23    governments to carry out the purposes of this support
24    program, and to use funds appropriated from the Local
25    Coronavirus Urgent Remediation Emergency (Local CURE) Fund
26    fund upon such terms and conditions as may be established

 

 

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1    by the federal government and the Department.
2        (3) Enter into agreements with third-party
3    administrators to assist the state with operational
4    assistance and administrative functions related to review
5    of documentation and processing of financial support
6    payments to units of local government.
7        (4) Establish applications, notifications, contracts,
8    and procedures and adopt rules deemed necessary and
9    appropriate to carry out the provisions of this Section. To
10    provide for the expeditious and timely implementation of
11    this Act, emergency rules to implement any provision of
12    this Section may be adopted by the Department subject to
13    the provisions of Section 5-45 of the Illinois
14    Administrative Procedure Act.
15        (5) Provide staff, administration, and related support
16    required to manage the support program and pay for the
17    staffing, administration, and related support with funds
18    appropriated from the Local Coronavirus Urgent Remediation
19    Emergency (Local CURE) Fund.
20        (6) Exercise such other powers as are necessary or
21    incidental to the foregoing.
22    (f) Local CURE Financial Support to Local Governments. The
23Department is authorized to provide financial support to
24eligible units of local government including, but not limited
25to, certified local health departments for necessary costs
26incurred due to the COVID-19 public health emergency that are

 

 

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1eligible to be paid using federal funds from the Coronavirus
2Relief Fund.
3        (1) Financial support funds may be used by a unit of
4    local government only for payment of costs that: (i) are
5    necessary expenditures incurred due to the public health
6    emergency of COVID-19; (ii) were not accounted for in the
7    most recent budget approved as of March 27, 2020 for the
8    unit of local government; and (iii) were incurred between
9    March 1, 2020 and December 30, 2020.
10        (2) A unit of local government receiving financial
11    support funds under this program shall certify to the
12    Department that it shall use the funds in accordance with
13    the requirements of paragraph (1) and that any funds
14    received but not used for such purposes shall be repaid to
15    the Department.
16        (3) The Department shall make the determination to
17    provide financial support funds to a unit of local
18    government on the basis of criteria established by the
19    Department.
20(Source: P.A. 101-636, eff. 6-10-20; revised 8-3-20.)