State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Enrolled ][ House Amendment 001 ]
[ House Amendment 002 ]

90_HB3556eng

      New Act
          Creates the Contractor Unified License  and  Permit  Bond
      Act.   Establishes  a  unified  license  and  permit bond for
      contractors to file with  the  county  recorder  to  be  used
      instead of individual license or permit bonds required by the
      county  or  a municipality within that county.  Provides that
      the bond  shall  be  in  the  amount  of  at  least  $10,000.
      Provides  that  the  unified license and permit bond does not
      prohibit reasonable local license and permit fees.    Defines
      contractor. Preempts home rule.  Effective immediately.
                                                     LRB9009634PTmb
HB3556 Engrossed                               LRB9009634PTmb
 1        AN ACT concerning contractor license and permit bonds.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 1.  This Act  may  be  cited  as  the  Contractor
 5    Unified License and Permit Bond Act.
 6        Section 5.  Application.  Except for the City of Chicago,
 7    this  Act  applies  to all counties, municipalities, and home
 8    rule units.
 9        Section 10.  Definitions.  As used in this Act,
10        "Contractor" means any person who, in any capacity  other
11    than  as  the  employee  of  another  for  wages  as the sole
12    compensation, undertakes to construct, alter,  repair,  move,
13    wreck,  or  demolish  any  fixture  or  structure.  The  term
14    includes  a  subcontractor  or specialty contractor, but does
15    not  include  a  person  who  furnishes  only  materials   or
16    supplies.
17        "Home rule unit" has the meaning provided in Section 6 of
18    Article VII of the Illinois Constitution.
19        "Municipality"  means a city, village, incorporated town,
20    or township.
21        "Unified license and permit bond"  means  a  single  bond
22    combining  what  are  commonly  known as a license bond and a
23    permit bond, issued on a uniform document prescribed  by  the
24    county  board  or board of county commissioners that includes
25    the  name  of  the  county,  the  name  and  address  of  the
26    contractor, the amount of the unified bond, the  time  period
27    covered  by  the  unified  bond, and other required terms and
28    conditions of the unified bond.
29        Section 15.  Rules.  The county board or county board  of
HB3556 Engrossed            -2-                LRB9009634PTmb
 1    commissioners    may    adopt    rules    and    enter   into
 2    intergovernmental agreements to implement this Act.
 3        Section 20.  Unified license and permit bond.
 4        (a)  A contractor seeking to do work or doing work  in  a
 5    county  or  municipality  may  obtain  a  unified license and
 6    permit bond.  This unified license and  permit  bond  may  be
 7    used  by  the  contractor,  at  the  contractor's discretion,
 8    instead of  any  other  license  or  permit  bond,  or  both,
 9    required  of  a  contractor  by  the county or a municipality
10    within that county.  The bond shall be in the  amount  of  at
11    least  $50,000 for counties included within the provisions of
12    the Northeastern Illinois Planning Act and in the  amount  of
13    at least $25,000 for all other counties.
14        (b)  The  unified  license  and permit bond shall be held
15    for compliance with the ordinances and regulations  governing
16    contractors  in  the  county  or any municipality within that
17    county where the contractor seeks to  do  work  or  is  doing
18    work.   The  unified bond required by this Act shall be filed
19    by the contractor with the county clerk.    At  the  time  of
20    filing,   the   county   clerk   may   charge   a  reasonable
21    administration fee, determined by the county board  or  board
22    of county commissioners.
23        (c)  If  a contractor elects to use a unified license and
24    permit  bond  under  this  Act  and  the   territory   of   a
25    municipality  where a contractor seeks to do or is doing work
26    is included within more than one county, then the  contractor
27    shall  obtain  a  unified  license  and permit bond from each
28    county and shall  file  a  unified  bond  with  each  of  the
29    respective  county clerks whether or not the contractor seeks
30    to do or is doing work  in  that  part  of  the  municipality
31    included in only one of the counties.
32        In  addition,  the contractor shall file a certified copy
33    of the unified bond with the clerk in the municipality within
HB3556 Engrossed            -3-                LRB9009634PTmb
 1    that county where the contractor seeks to do work or is doing
 2    work.  At the time of the filing,  the  clerk  may  charge  a
 3    reasonable  administration  fee,  determined by the corporate
 4    authorities of the municipality.
 5        Section 25.   Local  permits,  licenses,  or  performance
 6    bonds.   This  Act does not prohibit a county or municipality
 7    within that county from requiring local permits, licenses, or
 8    performance bonds for contractors  to  do  business  in  that
 9    county  or municipality or from charging reasonable permit or
10    license fees or reasonable amounts for performance bonds.
11        Section 30.   Home  rule.   A  home  rule  unit  may  not
12    regulate  unified license and permit bonds for contractors in
13    a manner inconsistent with this  Act.    This  Section  is  a
14    limitation  under  subsection (i) of Section 6 of Article VII
15    of the Illinois Constitution on the  concurrent  exercise  by
16    home  rule  units  of  powers  and functions exercised by the
17    State.
18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.

[ Top ]