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Full Text of HB5264
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HB5264 - 104th General Assembly
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House Amendment 001
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HB5264 Engrossed
LRB104 19654 HLH 33103 b
1
AN ACT concerning State government.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Department of Commerce and Economic
5
Opportunity Law of the Civil Administrative Code of Illinois
6
is amended by adding Section 605-1119 as follows:
7
(20 ILCS 605/605-1119 new)
8
Sec. 605-1119.
Loans to small businesses impacted by an
9
economic shock.
10
(a) The Department shall establish a loan program, subject
11
to appropriation, to provide low-interest loans to small
12
businesses that have been negatively impacted by an economic
13
shock. The Department may make loans under this Section from
14
the Economic Recovery Fund, a special fund created in the
15
State treasury. The Department may administer the program
16
directly or through agreements with banks, credit unions,
17
nonprofit loan administrators, or community development
18
financial institutions. The State shall provide a 100%
19
guarantee on loans issued under this Section. Participating
20
lenders shall act as originators and servicers of loans and
21
shall not be required to deploy their own capital.
22
(b) If the Governor declares that an economic shock exists
23
that has disrupted local or regional businesses and markets,
HB5264 Engrossed
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LRB104 19654 HLH 33103 b
1
the Department of Commerce and Economic Opportunity shall
2
provide loans to eligible small businesses as provided in this
3
Section. The Governor shall make any determination under this
4
Section based on objective indicators such as:
5
(1) reduced foot traffic;
6
(2) declining sales in certain corridors;
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(3) workforce disruptions, such as increased
8
absenteeism or job abandonment; and
9
(4) business closures.
10
(c) Upon a declaration of an economic shock as provided in
11
subsection (b), a business shall be eligible for a loan under
12
this Section if:
13
(1) the business employed 50 or fewer persons at any
14
one time in the prior year;
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(2) the business's gross receipts in the prior year
16
were $3,000,000 or less;
17
(3) the business has been materially impacted or is
18
located in an area that has been determined by the
19
Department to be materially impacted by the economic
20
shock.
21
(d) The loans shall be in an amount determined by the
22
Department but shall not exceed $50,000 per business. The
23
loans shall be repaid by the business at a fixed interest rate
24
of 2%, and the term of repayment shall not exceed 5 years. No
25
repayments shall be required for the first 6 months following
26
disbursement, and no early repayment penalty shall be charged.
HB5264 Engrossed
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LRB104 19654 HLH 33103 b
1
The loan proceeds shall be used for recovery-related operating
2
expenses including:
3
(1) rent and mortgage payments;
4
(2) employee wages and benefits;
5
(3) inventory restocking;
6
(4) equipment repair and replacement;
7
(5) debt repayments incurred to maintain operations;
8
(6) marketing or customer re-engagement expenses; and
9
(7) any other cost that the Department may approve by
10
rule.
11
The Department is authorized to provide participating
12
lenders with an administrative or origination fee, in an
13
amount determined by the Department, to cover the costs of
14
loan origination and servicing. Such a fee may be deducted
15
from loan disbursements.
16
(e) The Department may adopt rules to administer and
17
enforce this Section and may enter into agreements with banks,
18
credit unions, nonprofit loan administrations, or community
19
development financial institutions. The Department shall
20
establish clear and standardized procedures governing loan
21
servicing, delinquency, and default for loans issued under
22
this Section. Such procedures shall authorize participating
23
lenders to service and manage delinquent loans for a period of
24
time, as determined by the Department by rule, prior to loan
25
closure or write-off.
26
(f) All interest and principal collected shall be
HB5264 Engrossed
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LRB104 19654 HLH 33103 b
1
deposited into the Economic Recovery Fund to maintain and
2
replenish lending capacity. Loans issued under this Section
3
shall be backed by the State, and any losses resulting from
4
borrower default shall be borne by the Fund.
5
(g) Upon a declaration by the Governor that the economic
6
shock has ended, no new loans may be made.
7
Section 10.
The State Finance Act is amended by adding
8
Section 5.1038 as follows:
9
(30 ILCS 105/5.1038 new)
10
Sec. 5.1038.
The Economic Recovery Fund.
11
Section 99.
Effective date.
This Act takes effect upon
12
becoming law.
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