Public Act 90-0712 of the 90th General Assembly
Public Act 90-0712
HB3556 Enrolled LRB9009634PTmb
AN ACT concerning contractor license and permit bonds.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be cited as the Contractor
Unified License and Permit Bond Act.
Section 5. Application. Except for the City of Chicago,
this Act applies to all counties, municipalities, and home
rule units.
Section 10. Definitions. As used in this Act,
"Contractor" means any person who, in any capacity other
than as the employee of another for wages as the sole
compensation, undertakes to construct, alter, repair, move,
wreck, or demolish any fixture or structure. The term
includes a subcontractor or specialty contractor, but does
not include a person who furnishes only materials or
supplies.
"Home rule unit" has the meaning provided in Section 6 of
Article VII of the Illinois Constitution.
"Municipality" means a city, village, incorporated town,
or township.
"Unified license and permit bond" means a single bond
combining what are commonly known as a license bond and a
permit bond, issued on a uniform document prescribed by the
county board or board of county commissioners that includes
the name of the county, the name and address of the
contractor, the amount of the unified bond, the time period
covered by the unified bond, and other required terms and
conditions of the unified bond.
Section 15. Rules. The county board or county board of
commissioners may adopt rules and enter into
intergovernmental agreements to implement this Act.
Section 20. Unified license and permit bond.
(a) A contractor seeking to do work or doing work in a
county or municipality may obtain a unified license and
permit bond. This unified license and permit bond may be
used by the contractor, at the contractor's discretion,
instead of any other license or permit bond, or both,
required of a contractor by the county or a municipality
within that county. The bond shall be in the amount of at
least $50,000 for counties included within the provisions of
the Northeastern Illinois Planning Act and in the amount of
at least $25,000 for all other counties.
(b) The unified license and permit bond shall be held
for compliance with the ordinances and regulations governing
contractors in the county or any municipality within that
county where the contractor seeks to do work or is doing
work. The unified bond required by this Act shall be filed
by the contractor with the county clerk. At the time of
filing, the county clerk may charge a reasonable
administration fee, determined by the county board or board
of county commissioners.
(c) If a contractor elects to use a unified license and
permit bond under this Act and the territory of a
municipality where a contractor seeks to do or is doing work
is included within more than one county, then the contractor
shall obtain a unified license and permit bond from each
county and shall file a unified bond with each of the
respective county clerks whether or not the contractor seeks
to do or is doing work in that part of the municipality
included in only one of the counties.
In addition, the contractor shall file a certified copy
of the unified bond with the clerk in the municipality within
that county where the contractor seeks to do work or is doing
work. At the time of the filing, the clerk may charge a
reasonable administration fee, determined by the corporate
authorities of the municipality.
Section 25. Local permits, licenses, or performance
bonds. This Act does not prohibit a county or municipality
within that county from requiring local permits, licenses, or
performance bonds for contractors to do business in that
county or municipality or from charging reasonable permit or
license fees or reasonable amounts for performance bonds.
Section 30. Home rule. A home rule unit may not
regulate unified license and permit bonds for contractors in
a manner inconsistent with this Act. This Section is a
limitation under subsection (i) of Section 6 of Article VII
of the Illinois Constitution on the concurrent exercise by
home rule units of powers and functions exercised by the
State.
Section 99. Effective date. This Act takes effect upon
becoming law.