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Illinois General Assembly - Full Text of SB4028 SB4028 101ST GENERAL ASSEMBLY

  
  

 


 
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.


LRB101 23258 RJF 74407 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB4028LRB101 23258 RJF 74407 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 Illinois Administrative Procedure Act is
5amended by adding Section 5-45.8 as follows:
 
6    (5 ILCS 100/5-45.8 new)
7    Sec. 5-45.8. Emergency rulemaking; COVID-19 Small Business
8Relief Program. To provide for the expeditious and timely
9implementation of the COVID-19 Small Business Relief Program
10created under Section 605-1055 of the Department of Commerce
11and Economic Opportunity Law of the Civil Administrative Code
12of Illinois, emergency rules implementing the COVID-19 Small
13Business Relief Program may be adopted in accordance with
14Section 5-45 by the Department of Commerce and Economic
15Opportunity. The adoption of emergency rules authorized by
16Section 5-45 and this Section is deemed to be necessary for the
17public interest, safety, and welfare.
18    This Section is repealed on January 1, 2026.
 
19    Section 10. The Department of Commerce and Economic
20Opportunity Law of the Civil Administrative Code of Illinois is
21amended by adding Section 605-1055 as follows:
 

 

 

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1    (20 ILCS 605/605-1055 new)
2    Sec. 605-1055. COVID-19 Small Business Relief Program.
3    (a) Purpose. The Department may receive, directly or
4indirectly, federal funds under the authority of legislation
5passed in response to the Coronavirus epidemic including, but
6not limited to, the Coronavirus Aid, Relief, and Economic
7Security Act, P.L. 116-136 (the CARES Act). Section 5001 of the
8CARES Act establishes the Coronavirus Relief Fund, which
9authorized the State to expend funds that are necessary to
10respond to the COVID-19 public health emergency. The financial
11support of qualifying businesses is a necessary expense under
12federal guidance for implementing Section 5001 of the CARES
13Act. Upon receipt or availability of such funds, and subject to
14appropriations for their use, the Department shall administer a
15program to provide financial assistance to qualifying
16businesses that have experienced interruption of business due
17to their forced closure or inability to carry out regular
18functions in an economically viable manner under Tier 3 of the
19Governor's Restoring Illinois plan. Support may be provided
20directly by the Department to qualifying businesses or in
21cooperation with a qualified partner. Financial assistance may
22include, but not be limited to grants, expense reimbursements,
23or subsidies.
24    (b) From appropriations for the COVID-19 Small Business
25Relief Program from the State Coronavirus Urgent Remediation
26Emergency Fund, the Department shall provide financial

 

 

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1assistance through grants, expense reimbursements, or
2subsidies to qualifying businesses or a qualified partner to
3cover expenses or losses incurred due to business interruptions
4caused by their forced closure or inability to carry out
5regular functions in an economically viable manner under Tier 3
6of the Governor's Restoring Illinois plan. All spending related
7to this program must be reimbursable by the Federal Coronavirus
8Relief Fund in accordance with Section 5001 of the federal
9CARES Act and any related federal guidance, or the provisions
10of any other federal source supporting the program.
11    (c) The Department may establish by rule administrative
12procedures for the grant Program, including any application
13procedures, grant agreements, certifications, payment
14methodologies, and other accountability measures that may be
15imposed upon participants in the Program. The emergency
16rulemaking process may be used to adopt the initial rules of
17the grant Program.
18    (d) The Department has the power to:
19        (1) provide grants, subsidies, and expense
20    reimbursements to qualified businesses or, on behalf of
21    qualified businesses, to qualified partners from
22    appropriations to cover qualified businesses eligible
23    costs or losses incurred due to their forced closure or
24    inability to carry out regular functions in an economically
25    viable manner under Tier 3 of the Governor's Restoring
26    Illinois plan.

 

 

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1        (2) enter into agreements, accept funds, issue grants,
2    and engage in cooperation with agencies of the federal
3    government, units of local government, financial
4    institutions, and nonprofit organizations to carry out the
5    purposes of this Program, and to use funds appropriated for
6    the COVID-19 Small Business Relief Program;
7        (3) prepare forms for application, notification,
8    contract, and other matters, and establish procedures and
9    rules deemed necessary and appropriate to carry out the
10    provisions of this Section; and
11        (4) provide staff, administration, and related support
12    required to manage the COVID-19 Small Business Relief
13    Program and pay for the staffing, administration, and
14    related support.
15    (e) Definitions. As used in the Section:
16    "Qualified partner" means a financial institution or
17nonprofit organization with which the Department has entered
18into an agreement or contract to provide or incentivize
19assistance to qualifying businesses.
20    "Qualifying businesses" means a business that is
21experiencing business interruption due to its forced closure or
22inability to carry out regular functions in an economically
23viable manner under Tier 3 of the Governor's Restoring Illinois
24plan and is eligible for reimbursement as prescribed by Section
25601 (a) of the Social Security Act and added by Section 5001 of
26the CARES Act or other federal legislation addressing the

 

 

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1COVID-19 crisis.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.