Bill Text: IL HB5489 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that of the funds received by the State under the American Rescue Plan Act of 2021, an additional $300,000,000 shall be allocated for use by the Back to Business Program to further aid business recovery. Provides that grants provided from such funds shall initially be used to provide grants to businesses with currently pending grant applications, and then allocated to businesses in the order in which grant applications are received. Provides that grants shall also be provided for approved navigators, to ensure Illinois businesses are aware of the Grant Program. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-04-11 - Rule 19(a) / Re-referred to Rules Committee [HB5489 Detail]

Download: Illinois-2021-HB5489-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5489 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED:
20 ILCS 605/605-1050
Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that of the funds received by the State under the American Rescue Plan Act of 2021, an additional $300,000,000 shall be allocated for use by the Back to Business Program to further aid business recovery. Provides that grants provided from such funds shall initially be used to provide grants to businesses with currently pending grant applications, and then allocated to businesses in the order in which grant applications are received. Provides that grants shall also be provided for approved navigators, to ensure Illinois businesses are aware of the Grant Program. Effective immediately.
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A BILL FOR
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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 Back to Business Grant Program
(or Back to Business Program).
(a) Purpose. The Department may receive State funds and,
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") and
the American Rescue Plan Act of 2021, P.L. 117-2 (the "ARPA
Act"); such funds shall be used in accordance with the CARES
Act and ARPA Act legislation and published guidance. 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 State or

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federal 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 Back to Business 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 Back to Business 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 or for
start-up costs of a new Qualifying Business. All spending
related to this program from federal funds must be
reimbursable by the Federal Coronavirus Relief Fund in
accordance with Section 5001 of the federal CARES Act, the
ARPA Act, and any related federal guidance, or the provisions

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of any other federal source supporting the program.
(d) As more fully described in subsection (c), funds will
be appropriated to the Back to Business Program for
distribution to or on behalf of Qualifying Businesses. Of the
funds appropriated, a minimum of 40% shall be allotted for
Qualifying Businesses with ZIP codes located in the most
disproportionately impacted areas of Illinois, based on
positive COVID-19 cases.
(d-5) Subject to appropriation, of the funds received by
the State under the American Rescue Plan Act of 2021, an
additional $300,000,000 shall be allocated for use by the Back
to Business Program to further aid business recovery. Grants
provided from funds under this subsection (d-5) shall
initially be used to provide grants to businesses with
currently pending grant applications, and then allocated to
businesses in the order in which grant applications are
received. Grants provided from funds under this subsection
(d-5) shall also be provided for approved navigators, to
ensure Illinois businesses are aware of the Grant Program.
(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

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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 and any amendments to the rules following
the effective date of this amendatory Act of the 102nd General
Assembly.
(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 has experienced or is experiencing
business interruption or other adverse conditions due to
the COVID-19 public health emergency, and includes a new
business or organization started after March 1, 2020 in
the midst of adverse conditions due to the COVID-19 public
health emergency.
(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

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or the ARPA 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 Qualifying Businesses or, on behalf of
Qualifying Businesses, to Qualifying Partners from
appropriations to cover Qualifying Businesses eligible
costs or losses incurred due to the COVID-19 public health
emergency, including losses caused by business
interruption or closure and including start-up costs for
new Qualifying Businesses;
(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

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for the Back to Business 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 Back to Business 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 Qualifying Businesses that did not
receive paycheck protection program assistance.
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
Section 99. Effective date. This Act takes effect upon
becoming law.