Rep. Laura Fine
Filed: 3/26/2015
 
 

 

 

 
09900HB0201ham001LRB099 01014 AWJ 33336 a



1
AMENDMENT TO HOUSE BILL 201 




2    AMENDMENT NO. ______. Amend House Bill 201 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Counties Code is amended  by adding Section 
55-1123.5 as follows:
 
6    (55 ILCS 5/5-1123.5 new)
7    Sec. 5-1123.5. Surety bond program.
8    (a) A county board may, by resolution or ordinance, 
9implement a surety bond program for municipalities in the 
10county that wish to require licensed contractors to provide a 
11surety bond to perform work in that municipality. A county that 
12implements a surety bond program shall accept surety bonds from 
13contractors in that county who wish to be licensed by 
14municipalities in that county. The surety bond shall list the 
15county as the obligee. If a county board implements this 
16program, no municipality may impose a requirement that a 
 
 
09900HB0201ham001- 2 -LRB099 01014 AWJ 33336 a

1contractor shall submit an additional surety bond to the 
2municipality as a condition of licensure.
3    (b) If a municipality assesses fees or fines against a 
4contractor, and the contractor does not pay those fees or 
5fines, the municipality may collect the fees or fines by 
6redeeming the surety bond.  The municipality shall so inform the 
7county and instruct the county to redeem the surety bond. The 
8county shall disperse all funds from the surety bond to the 
9municipalities in the order in which the unpaid fees and fines 
10from the municipalities were submitted to the county. The 
11county may impose an additional fee against the contractor if a 
12surety bond is redeemed under this Section.
13    (c) A home rule unit may not regulate surety bonds in a 
14manner inconsistent with this Section. This Section is a 
15limitation under subsection (i) of Section 6 of Article VII of 
16the Illinois Constitution on the concurrent exercise by home 
17rule units of  powers and functions exercised by the State or 
18other units of local government.

 
19    Section 10. The Illinois Municipal Code is amended by 
20adding Section 11-39-5 as follows:
 
21    (65 ILCS 5/11-39-5 new)
22    Sec. 11-39-5. Surety bond program. Notwithstanding any 
23provision of this Code to the contrary, where a county has 
24enacted a surety bond program under Section 5-1123.5 of the 
 
 
09900HB0201ham001- 3 -LRB099 01014 AWJ 33336 a

1Counties Code, no municipality may impose a surety bond 
2requirement except as provided under that Section.".