SB4028 101ST GENERAL ASSEMBLY

LRB101 23258 RJF 74407 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB4028

Introduced 1/4/2021, by Sen. Chapin Rose

SYNOPSIS AS INTRODUCED:

5 ILCS 100/5-45.8 new
20 ILCS 605/605-1055 new

Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Establishes the COVID-19 Small Business Relief Program for specified purposes. Provides that from appropriations for the COVID-19 Small Business Relief Program from the State Coronavirus Urgent Remediation Emergency Fund, the Department of Commerce and Economic Opportunity shall provide financial assistance through grants, expense reimbursements, or subsidies to qualifying businesses or a qualified partner to cover expenses or losses incurred due to business interruptions caused by their forced closure or inability to carry out regular functions in an economically viable manner under Tier 3 of the Governor's Restoring Illinois plan. Provides for the adoption of rules. Provides for powers of the Department concerning the Program. Amends the Illinois Administrative Procedure Act to provide for the adoption of emergency rules. Defines terms. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Administrative Procedure Act is amended by adding Section 5-45.8 as follows:

(5 ILCS 100/5-45.8 new)

Sec. 5-45.8. Emergency rulemaking; COVID-19 Small Business Relief Program. To provide for the expeditious and timely implementation of the COVID-19 Small Business Relief Program created under Section 605-1055 of the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, emergency rules implementing the COVID-19 Small Business Relief Program may be adopted in accordance with Section 5-45 by the Department of Commerce and Economic Opportunity. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed on January 1, 2026.

Section 10. The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois is amended by adding Section 605-1055 as follows:

(20 ILCS 605/605-1055 new)

Sec. 605-1055. COVID-19 Small Business Relief Program.

(a) Purpose. The Department may receive, directly or indirectly, federal funds under the authority of legislation passed in response to the Coronavirus epidemic including, but not limited to, the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136 (the CARES Act). Section 5001 of the CARES Act establishes the Coronavirus Relief Fund, which authorized the State to expend funds that are necessary to respond to the COVID-19 public health emergency. The financial support of qualifying businesses is a necessary expense under federal guidance for implementing Section 5001 of the CARES Act. Upon receipt or availability of such funds, and subject to appropriations for their use, the Department shall administer a program to provide financial assistance to qualifying businesses that have experienced interruption of business due to their forced closure or inability to carry out regular functions in an economically viable manner under Tier 3 of the Governor's Restoring Illinois plan. Support may be provided directly by the Department to qualifying businesses or in cooperation with a qualified partner. Financial assistance may include, but not be limited to grants, expense reimbursements, or subsidies.

(b) From appropriations for the COVID-19 Small Business Relief Program from the State Coronavirus Urgent Remediation Emergency Fund, the Department shall provide financial assistance through grants, expense reimbursements, or subsidies to qualifying businesses or a qualified partner to cover expenses or losses incurred due to business interruptions caused by their forced closure or inability to carry out regular functions in an economically viable manner under Tier 3 of the Governor's Restoring Illinois plan. All spending related to this program must be reimbursable by the Federal Coronavirus Relief Fund in accordance with Section 5001 of the federal CARES Act and any related federal guidance, or the provisions of any other federal source supporting the program.

(c) The Department may establish by rule administrative procedures for the grant Program, including any application procedures, grant agreements, certifications, payment methodologies, and other accountability measures that may be imposed upon participants in the Program. The emergency rulemaking process may be used to adopt the initial rules of the grant Program.

(d) The Department has the power to:

(1) provide grants, subsidies, and expense reimbursements to qualified businesses or, on behalf of qualified businesses, to qualified partners from appropriations to cover qualified businesses eligible costs or losses incurred due to their forced closure or inability to carry out regular functions in an economically viable manner under Tier 3 of the Governor's Restoring Illinois plan.

(2) enter into agreements, accept funds, issue grants, and engage in cooperation with agencies of the federal government, units of local government, financial institutions, and nonprofit organizations to carry out the purposes of this Program, and to use funds appropriated for the COVID-19 Small Business Relief Program;

(3) prepare forms for application, notification, contract, and other matters, and establish procedures and rules deemed necessary and appropriate to carry out the provisions of this Section; and

(4) provide staff, administration, and related support required to manage the COVID-19 Small Business Relief Program and pay for the staffing, administration, and related support.

(e) Definitions. As used in the Section:

"Qualified partner" means a financial institution or nonprofit organization with which the Department has entered into an agreement or contract to provide or incentivize assistance to qualifying businesses.

"Qualifying businesses" means a business that is experiencing business interruption due to its forced closure or inability to carry out regular functions in an economically viable manner under Tier 3 of the Governor's Restoring Illinois plan and is eligible for reimbursement as prescribed by Section 601 (a) of the Social Security Act and added by Section 5001 of the CARES Act or other federal legislation addressing the COVID-19 crisis.

Section 99. Effective date. This Act takes effect upon becoming law.