HB5819: LOCAL DISASTER RELIEF FUNDING

104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB5819 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.71 new 30 ILCS 105/6z-51 30 ILCS 122/5 20 ILCS 3305/13.1 new Amends Illinois Emergency Management Agency Act. Provides that, subject to appropriation, the Illinois Emergency Management Agency and Office of Homeland Security shall, during Fiscal Years 2027 and 2028, award grants to units of local government in Alexander, Champaign, Cook, DuPage, Ford, Fulton, Kane, Lake, La Salle, Marshall, McLean, Pulaski, Tazewell, Vermilion, and Will Counties to reimburse those units of local government for expenses incurred to provide disaster relief services and disaster restoration services in response to the disasters declared in the proclamation issued by the Governor on August 18, 2026. Authorizes rulemaking by the Illinois Emergency Management Agency and Office of Homeland Security as necessary to facilitate the award of grants under the amendatory Act. Provides that the rules, at a minimum, shall include a prioritization system for awarding grants and shall require the unit of local government that is applying for financial assistance: (1) to provide to the Agency invoices quantifying the damage and the total cost of repairs within the unit of local government on account of the disasters declared in the proclamation issued by the Governor on August 18, 2026; (2) to demonstrate that the claimed damage is the result of the disasters declared in the August 18, 2026 gubernatorial disaster proclamation and not the result of unrelated events; and (3) to demonstrate that the grant funds will be used for public purposes. Defines "disaster relief services" and "disaster restoration services". Amends the State Finance Act. Provides that, during Fiscal Years 2027 and 2028 only, the Illinois Emergency Management Agency and Office of Homeland Security may expend moneys from the Budget Stabilization Fund in the amount authorized by appropriation in the applicable fiscal year for the purpose of providing for the award of grants in accordance with the amendatory Act. Makes conforming changes to the Budget Stabilization Act and the Illinois Administrative Procedure Act. LRB104 23043 TRT 39499 b A BILL FOR HB5819 LRB104 23043 TRT 39499 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 Illinois Administrative Procedure Act is 5 amended by adding Section 5-45.71 as follows: 6 (5 ILCS 100/5-45.71 new) 7 Sec. 5-45.71. Emergency rulemaking; disaster relief 8 funding. To provide for the expeditious and timely 9 implementation of Section 13.1 of the Illinois Emergency 10 Management Agency Act, emergency rules implementing Section 11 13.1 may be adopted in accordance with Section 5-45 by the 12 Illinois Emergency Management Agency and Office of Homeland 13 Security. The adoption of emergency rules authorized by 14 Section 5-45 and this Section is deemed to be necessary for the 15 public interest, safety, and welfare. 16 This Section is repealed 2 years after the effective date 17 of this amendatory Act of the 104th General Assembly. 18 Section 10. The State Finance Act is amended by changing 19 Section 6z-51 as follows: 20 (30 ILCS 105/6z-51) 21 Sec. 6z-51. Budget Stabilization Fund. HB5819 - 2 - LRB104 23043 TRT 39499 b 1 (a) The Budget Stabilization Fund, a special fund in the 2 State treasury Treasury , shall consist of moneys appropriated 3 or transferred to that Fund, as provided in Section 6z-43 and 4 as otherwise provided by law. All earnings on Budget 5 Stabilization Fund investments shall be deposited into that 6 Fund. 7 (b) The State Comptroller may direct the State Treasurer 8 to transfer moneys from the Budget Stabilization Fund to the 9 General Revenue Fund in order to meet cash flow deficits 10 resulting from timing variations between disbursements and the 11 receipt of funds within a fiscal year. Any moneys so borrowed 12 in any fiscal year other than Fiscal Year 2011 shall be repaid 13 by June 30 of the fiscal year in which they were borrowed. Any 14 moneys so borrowed in Fiscal Year 2011 shall be repaid no later 15 than July 15, 2011. 16 (c) During Fiscal Year 2017 only, amounts may be expended 17 from the Budget Stabilization Fund only pursuant to specific 18 authorization by appropriation. Any moneys expended pursuant 19 to appropriation shall not be subject to repayment. 20 (c-1) During Fiscal Years 2027 and 2028 only, the Illinois 21 Emergency Management Agency and Office of Homeland Security 22 may expend moneys from the Budget Stabilization Fund in the 23 amount authorized by appropriation in the applicable fiscal 24 year for the purpose described in Section 13.1 of the Illinois 25 Emergency Management Agency Act. Amounts expended pursuant to 26 this subsection are not subject to repayment. HB5819 - 3 - LRB104 23043 TRT 39499 b 1 (d) For Fiscal Years 2020 through 2022, any transfers into 2 the Fund pursuant to the Cannabis Regulation and Tax Act may be 3 transferred to the General Revenue Fund in order for the 4 Comptroller to address outstanding vouchers and shall not be 5 subject to repayment back into the Budget Stabilization Fund. 6 (e) Beginning July 1, 2023, on the first day of each month, 7 or as soon thereafter as practical, the State Comptroller 8 shall direct and the State Treasurer shall transfer $3,750,000 9 from the General Revenue Fund to the Budget Stabilization 10 Fund. This subsection (e) is inoperative from July 1, 2025, 11 through June 30, 2026. 12 (Source: P.A. 104-2, eff. 6-16-25.) 13 Section 15. The Budget Stabilization Act is amended by 14 changing Section 5 as follows: 15 (30 ILCS 122/5) 16 Sec. 5. Budget Stabilization Fund. The Budget 17 Stabilization Fund is a special fund in the State treasury 18 established for the purpose of reducing the need for future 19 tax increases, maintaining the highest possible bond rating, 20 reducing the need for short-term short term borrowing, 21 providing available resources to meet State obligations 22 whenever casual deficits or failures in revenue occur, 23 providing grants in accordance with Section 13.1 of the 24 Illinois Emergency Management Agency Act, and providing the HB5819 - 4 - LRB104 23043 TRT 39499 b 1 means of addressing budgetary shortfalls. In authorizing 2 transfers from the Budget Stabilization Fund, whenever 3 possible, priority consideration should be given to meeting 4 obligations for secondary and elementary education, child 5 care, and other programs that may provide a direct benefit to 6 children. 7 (Source: P.A. 93-660, eff. 7-1-04 .) 8 Section 20. The Illinois Emergency Management Agency Act 9 is amended by adding Section 13.1 as follows: 10 (20 ILCS 3305/13.1 new) 11 Sec. 13.1. Disaster relief. 12 (a) As used in this Section: 13 "Disaster relief services" means the provision of 14 transportation, food and clothing, medical supplies and 15 personnel, bedding and temporary shelter, and repairs to 16 essential services in response to a disaster declared by the 17 Governor under Section 7. 18 "Disaster restoration services" means the mitigation, 19 remediation, and reconstruction activities that are taken in 20 response to a disaster declared by the Governor under Section 21 7 and that are required to return a damaged property and its 22 contents to their condition prior to the disaster. 23 (b) Subject to appropriation, the Agency shall, during 24 Fiscal Years 2027 and 2028, award grants to units of local HB5819 - 5 - LRB104 23043 TRT 39499 b 1 government in Alexander, Champaign, Cook, DuPage, Ford, 2 Fulton, Kane, Lake, La Salle, Marshall, McLean, Pulaski, 3 Tazewell, Vermilion, and Will Counties to reimburse those 4 units of local government for expenses they have incurred to 5 provide disaster relief services and disaster restoration 6 services in response to the disaster declared in the 7 proclamation issued by the Governor on August 18, 2026. 8 (c) The Agency shall adopt any rules necessary to 9 facilitate the award of grants under this Section. At a 10 minimum, the rules adopted by the Agency shall establish a 11 prioritization system for awarding grants under this Section 12 and shall require the unit of local government that is 13 applying for financial assistance: 14 (1) to provide to the Agency invoices quantifying the 15 damage and the total cost of repairs within the unit of 16 local government on account of the disaster declared in 17 the proclamation issued by the Governor on August 18, 18 2026; 19 (2) to demonstrate that the claimed damage under 20 paragraph (1) of this subsection is the result of the 21 disaster declared in the August 18, 2026 gubernatorial 22 disaster proclamation and not the result of unrelated 23 events; and 24 (3) to demonstrate that the grant funds will be used 25 for public purposes.