92nd General Assembly
Summary of HB1904
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House Sponsors:
KOSEL-SAVIANO.

Senate Sponsors:
MOLARO-PARKER

Short description: 
HWY CD-SUBCONTRACTORS-TRUST                                                

Synopsis of Bill as introduced:
        Amends the Illinois Highway Code. Provides that at the request of      
   the  subcontractor  and  with  the  approval  of  the  Department   of      
   Transportation, the amount withheld from payment under the subcontract      
   may  be  deposited  under a trust agreement with an Illinois financial      
   institution, whose deposits are insured by a federal agency.  Provides      
   that  the  subcontractor  shall  receive  any  interest  on the amount      
   deposited. Establishes provisions the trust  agreement  must  include.      
   Provides  that  the  subcontractor  is  responsible  for obtaining the      
   written consent of the financial  institution  trustee  and  that  any      
   costs  or  service  fees  must be borne by the subcontractor. Provides      
   that the provision applies to all subcontracts in effect on and  after      
   the effective date of the amendatory Act. Effective immediately.            
        HOUSE AMENDMENT NO. 1.                                                 
        Deletes everything. Reinserts  the  original  provisions  of  the      
   bill,  with  changes  and additions. Amends the Illinois Highway Code.      
   Provides  that  the  provision  applies   when   the   subcontractor's      
   retainage, or the amount withheld from payment under a subcontract, is      
   equal  to  or greater than $2,000. Provides that upon the contractor's      
   receipt of the first partial or progress payment from  the  Department      
   of  Transportation,  at  the request of the subcontractor and with the      
   approval of the contractor, the retainage shall be deposited  under  a      
   trust  agreement  with a qualified financial institution chosen by the      
   subcontractor and approved by the contractor. Provides that the  trust      
   agreement  is  between  the subcontractor and the contractor. Provides      
   that, at the discretion of the contractor and upon the request of  the      
   subcontractor, the trust agreement may become operative at the time of      
   the  first  partial  payment  in accordance with existing statutes and      
   Department of Transportation procedures.  Effective immediately.            
        HOUSE AMENDMENT NO. 2.                                                 
        Provides that the provision applies to subcontractors'  retainage      
   amounts  expected  to be equal to or greater than $20,000 (rather than      
   to subcontractors' retainage amounts equal to or greater than $2,000).      
   Provides that  subcontractors'  trust  agreements  are  voluntary  and      
   supersede  any  prohibition regarding retainage that may be adopted by      
   any transportation agency.                                                  
 
Last action on Bill: PUBLIC ACT.............................. 92-0270

   Last action date: AUG-07-2001

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   0


   END OF INQUIRY 



 Full Text  Bill Status