102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2144

 

Introduced 2/26/2021, by Sen. Dan McConchie

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 605/605-1050
20 ILCS 1005/1005-170 new

    Amends Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that all contracts for services, purchases, or sales related to the Coronavirus Business Interruption Grant (BIG) Program and entered into by the Department of Commerce and Economic Opportunity that are not subject to public bid shall be disclosed to the public on the Department's website within 14 days after execution of the contract. Amends the Department of Employment Security Law of the Civil Administrative Code of Illinois. Provides that all contracts for services, purchases, or sales, including specifications in such contracts, entered into by the Department of Employment Security that are not subject to public bid shall be disclosed to the public on the Department's website within 14 days after execution of the contract. Provides other requirements concerning such contracts. Defines "specifications". Effective immediately.


LRB102 16262 RJF 21644 b

 

 

A BILL FOR

 

SB2144LRB102 16262 RJF 21644 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
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    (b) From appropriations for the BIG Program, up to
8$60,000,000 may be allotted to the repayment or conversion of
9Eligible Loans made pursuant to the Department's Emergency
10Loan Fund Program. An Eligible Loan may be repaid or converted
11through a grant payment, subsidy, or reimbursement payment to
12the recipient or, on behalf of the recipient, to the Qualified
13Partner, or by any other lawful method.
14    (c) From appropriations for the BIG Program, the
15Department shall provide financial assistance through grants,
16expense reimbursements, or subsidies to Qualifying Businesses
17or a Qualified Partner to cover expenses or losses incurred
18due to the COVID-19 public health emergency. With a minimum of
1950% going to Qualified Businesses that enable critical support
20services such as child care, day care, and early childhood
21education, the BIG Program will reimburse costs or losses
22incurred by Qualifying Businesses due to business interruption
23caused by required closures, as authorized in federal guidance
24regarding the Coronavirus Relief Fund. All spending related to
25this program must be reimbursable by the Federal Coronavirus
26Relief Fund in accordance with Section 5001 of the federal

 

 

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

 

 

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

 

 

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

 

 

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1        (6) determine which industries and businesses in
2    Illinois have been most disproportionately impacted by the
3    COVID-19 public health emergency and establish procedures
4    that prioritize greatly impacted industries and
5    businesses, as well as Qualified Businesses that did not
6    receive paycheck protection program assistance.
7    (i) All contracts for services, purchases, or sales
8related to the Program created under this Section and entered
9into by the Department that are not subject to public bid shall
10be disclosed to the public on the Department's website within
1114 days after execution of the contract. The Department or
12vendor shall designate an individual to respond to public
13inquiries regarding contracts subject to this Section.
14Disclosure of contracts shall be posted on the Department's
15website regardless of the source of funding.
16(Source: P.A. 101-636, eff. 6-10-20.)
 
17    Section 10. The Department of Employment Security Law of
18the Civil Administrative Code of Illinois is amended by adding
19Section 1005-170 as follows:
 
20    (20 ILCS 1005/1005-170 new)
21    Sec. 1005-170. Disclosure of no-bid contracts. All
22contracts for services, purchases, or sales, including
23specifications in such contracts, entered into by the
24Department that are not subject to public bid shall be

 

 

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1disclosed to the public on the Department's website within 14
2days after execution of the contract. The Department or vendor
3shall designate an individual to respond to public inquiries
4regarding the contract. Disclosure of vendor contracts shall
5be posted on the Department's website regardless of the source
6of funding.
7    For purposes of this Section, "specifications" means any
8description, provision, or requirement pertaining to the
9nature of a supply, service, or other item to be procured under
10a contract. "Specifications" may include a description of any
11requirement for inspecting, testing, or preparing a supply,
12service, professional or artistic service, construction, or
13other item for delivery.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.