2022 Illinois Compiled Statutes
Chapter 30 - FINANCE
30 ILCS 709/ - Illinois Creative Recovery Grant Program Act.

(30 ILCS 709/Art. 1 heading)

(30 ILCS 709/Art. 3 heading)

(30 ILCS 709/Art. 4 heading)

(30 ILCS 709/Art. 5 heading)

(30 ILCS 709/Art. 10 heading)

(30 ILCS 709/Art. 15 heading)

(30 ILCS 709/Art. 20 heading)

(30 ILCS 709/Art. 25 heading)

(30 ILCS 709/Art. 26 heading)

(30 ILCS 709/Art. 30 heading)

(30 ILCS 709/Art. 35)

(30 ILCS 709/Art. 40 heading)

(30 ILCS 709/40-1)

Sec. 40-1. Short title. This Article may be cited as the Illinois Creative Recovery Grant Program Act. References in this Article to "this Act" mean this Article.

(Source: P.A. 102-699, eff. 4-19-22.)

(30 ILCS 709/40-5)

Sec. 40-5. Grant program. 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 American Rescue Plan Act of 2021, P.L. 117-2 (the "ARPA Act"); such funds shall be used in accordance with the ARPA Act legislation and published guidance. Upon receipt or availability of such State or 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, incurred debt, or experienced other adverse conditions as a result of 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 is not limited to, grants, expense reimbursements, or subsidies.

From appropriations for the program, the Department shall provide financial assistance through grants, expense reimbursements, or subsidies to qualifying businesses or a qualified partner to cover expenses, debt, or losses incurred due to the COVID-19 public health emergency. The program shall reimburse costs, debt, or losses incurred by qualifying businesses due to business interruption or other adverse conditions caused by closures, loss of revenues, or efforts to contain the pandemic.

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.

(Source: P.A. 102-699, eff. 4-19-22.)

(30 ILCS 709/40-10)

Sec. 40-10. Definitions. As used in this Act:

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

"Department" means the Department of Commerce and Economic Opportunity.

"Qualifying Business" means a business or organization, either for-profit or non-profit, that is experiencing or has experienced business interruption due to the COVID-19 public health emergency and that is:

• (1) an independent live venue operator;
• (2) a performing or presenting arts organization;
• (3) an arts education organization;
• (4) a museum; or
• (5) a cultural heritage organization.

"Independent live venue operator" means a business or organization that is not a publicly traded corporation listed on a stock exchange and that is a destination for live entertainment consumers and that has its artistic programming as a main driver of its attendance, as indicated by meeting the following criteria:

• (1) the venue clearly enables performers to receive payment for work by percentage of sales (bar or door cover); a guarantee (in writing or standard contract); or another mutually beneficial formal agreement; and
• (2) The venue has at least 4 of the following characteristics:
• (A) Defined performance and audience space.
• (B) Mixing equipment or a public address system.
• (C) Back line.
• (D) Engages one or more individuals to carry out at least 2 of the following roles:
• (i) Sound engineer.
• (ii) Booker.
• (iii) Promoter.
• (iv) Stage manager.
• (v) Security personnel.
• (vi) Box office manager.
• (E) There is a paid ticket or cover charge to attend some performances through ticketing or door entrance fee.
• (F) Performances are marketed through listings in printed or electronic publications, on websites, visible calendar of events, or on social media.

"Performing or presenting arts organization" means a business or organization that has as its primary mission or integral to its primary mission the performance or presentation of the arts to the public, including the artistic disciplines of dance, film, literary arts, media arts, music, theater, and visual arts.

"Arts education organization" means a business or organization that has as its primary mission or integral to its primary mission the provision of arts learning, or has a dedicated portion of its business focused on providing arts education.

"Museum" means a business or organization that is an institution in service to the public, dedicated to the procurement, care, study, and display of objects, archival materials, ephemera, or live specimens, of lasting interest or value.

"Cultural heritage organization" means a business or organization that is a community cultural and arts center; an ethnic and cultural awareness organization; or a festival focused on promoting and preserving ethnic, cultural, racial, regional, linguistic, or religious traditions.

"Qualified partner" means a financial institution or nonprofit organization with which the Department has entered into an agreement or contract to provide or incentivize assistance to qualifying businesses.

(Source: P.A. 102-699, eff. 4-19-22.)

(30 ILCS 709/40-15)

Sec. 40-15. 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, debt, or losses incurred due to the COVID-19 public health emergency, including losses caused by business interruption, closure, or other adverse effects of COVID-19;
• (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 the program, and to use funds appropriated for the 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 Act;
• (4) provide staff, administration, and related support required to manage the program and pay for the staffing, administration, and related support; and
• (5) using consistent, data-informed criteria, determine which qualifying businesses are suffering the greatest negative economic impact due to the COVID-19 pandemic, which qualifying businesses are facing the greatest risk of imminent closure due to the COVID-19 pandemic, and which qualifying businesses have the least access to business interruption grant programs and similar relief programs.

(Source: P.A. 102-699, eff. 4-19-22.)

(30 ILCS 709/40-20)

Sec. 40-20. (Amendatory provisions; text omitted).

(Source: P.A. 102-699, eff. 4-19-22; text omitted.)

(30 ILCS 709/Art. 99 heading)

(30 ILCS 709/99-99)

Sec. 99-99. Effective date. This Act takes effect upon becoming law, except that Article 15 takes effect on July 1, 2022, and Article 35 takes effect upon becoming law or on the date Senate Bill 3023 of the 102nd General Assembly takes effect, whichever is later.

(Source: P.A. 102-699, eff. 4-19-22.)