SB2144 102ND GENERAL ASSEMBLY

LRB102 16262 RJF 21644 b

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.

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 Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois is amended by changing Section 605-1050 as follows:

(20 ILCS 605/605-1050)

Sec. 605-1050. Coronavirus Business Interruption Grant Program (or BIG 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 authorizes 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 or other adverse conditions attributable to the COVID-19 public health emergency. Support may be provided directly by the Department to businesses and organizations 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 BIG Program, up to $60,000,000 may be allotted to the repayment or conversion of Eligible Loans made pursuant to the Department's Emergency Loan Fund Program. An Eligible Loan may be repaid or converted through a grant payment, subsidy, or reimbursement payment to the recipient or, on behalf of the recipient, to the Qualified Partner, or by any other lawful method.

(c) From appropriations for the BIG Program, 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 the COVID-19 public health emergency. With a minimum of 50% going to Qualified Businesses that enable critical support services such as child care, day care, and early childhood education, the BIG Program will reimburse costs or losses incurred by Qualifying Businesses due to business interruption caused by required closures, as authorized in federal guidance regarding the Coronavirus Relief Fund. 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.

(d) As more fully described in subsection (c), funds will be appropriated to the BIG Program for distribution to or on behalf of Qualifying Businesses. Of the funds appropriated, a minimum of 30% shall be allotted for Qualified Businesses with ZIP codes located in the most disproportionately impacted areas of Illinois, based on positive COVID-19 cases.

(e) The Department shall coordinate with the Department of Human Services with respect to making grants, expense reimbursements or subsidies to any child care or day care provider providing services under Section 9A-11 of the Illinois Public Aid Code to determine what resources the Department of Human Services may be providing to a child care or day care provider under Section 9A-11 of the Illinois Public Aid Code.

(f) 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 promulgate the initial rules of the grant program.

(g) Definitions. As used in this Section:

(1) "COVID-19" means the novel coronavirus disease deemed COVID-19 by the World Health Organization on February 11, 2020.

(2) "Qualifying Business" means a business or organization that is experiencing business interruption due to the COVID-19 public health emergency 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.

(3) "Eligible Loan" means a loan of up to $50,000 that was deemed eligible for funding under the Department's Emergency Loan Fund Program and for which repayment will be eligible for reimbursement from Coronavirus Relief Fund monies pursuant to Section 5001 of the federal CARES Act and any related federal guidance.

(4) "Emergency Loan Fund Program", also referred to as the "COVID-19 Emergency Relief Program", is a program executed by the Department by which the State Small Business Credit Initiative fund is utilized to guarantee loans released by a financial intermediary or Qualified Partner.

(5) "Qualified Partner" means a financial institution or nonprofit with which the Department has entered into an agreement or contract to provide or incentivize assistance to Qualifying Businesses.

(h) Powers of the Department. 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 the COVID-19 public health emergency, including losses caused by business interruption or closure;

(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 BIG Program;

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

(4) provide staff, administration, and related support required to manage the BIG Program and pay for the staffing, administration, and related support;

(5) using data provided by the Illinois Department of Public Health and other reputable sources, determine which geographic regions in Illinois have been most disproportionately impacted by the COVID-19 public health emergency, considering factors of positive cases, positive case rates, and economic impact; and

(6) determine which industries and businesses in Illinois have been most disproportionately impacted by the COVID-19 public health emergency and establish procedures that prioritize greatly impacted industries and businesses, as well as Qualified Businesses that did not receive paycheck protection program assistance.

(i) All contracts for services, purchases, or sales related to the Program created under this Section and entered into by the Department 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. The Department or vendor shall designate an individual to respond to public inquiries regarding contracts subject to this Section. Disclosure of contracts shall be posted on the Department's website regardless of the source of funding.

(Source: P.A. 101-636, eff. 6-10-20.)

Section 10. The Department of Employment Security Law of the Civil Administrative Code of Illinois is amended by adding Section 1005-170 as follows:

(20 ILCS 1005/1005-170 new)

Sec. 1005-170. Disclosure of no-bid contracts. All contracts for services, purchases, or sales, including specifications in such contracts, entered into by the Department 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. The Department or vendor shall designate an individual to respond to public inquiries regarding the contract. Disclosure of vendor contracts shall be posted on the Department's website regardless of the source of funding.

For purposes of this Section, "specifications" means any description, provision, or requirement pertaining to the nature of a supply, service, or other item to be procured under a contract. "Specifications" may include a description of any requirement for inspecting, testing, or preparing a supply, service, professional or artistic service, construction, or other item for delivery.

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