SB 104

  • Illinois Senate Bill
  • 101st Regular Session
  • Introduced in Senate May 01, 2019
  • Passed Senate May 01, 2019
  • Passed House May 28, 2019
  • Became Law Aug 23, 2019

Prompt Payment-Contractors

Abstract

Amends the Illinois Procurement Code. Provides that the Capital Development Board and the Department of Transportation shall each, by rule, implement a pilot program under which select construction contracts shall contain provisions that if a subcontractor has performed in accordance with the provisions of the subcontract and the work has been accepted by the State agency, the State agency shall pay the subcontractor directly. Provides that the program shall be implemented by January 1, 2021. Amends the State Prompt Payment Act. Provides that certain provisions concerning payments to subcontractors do not apply to payments to a subcontractor for work performed under a subcontract entered into with a construction contractor if the contract contains a provision that the State agency shall pay the subcontractor directly. Senate Committee Amendment No. 1 Deletes reference to: 30 ILCS 500/20-120 Adds reference to: 30 ILCS 540/1 from Ch. 127, par. 132.401 Replaces everything after the enacting clause. Amends the State Prompt Payment Act. Modifies the term "a proper bill or invoice" to include the names of all subcontractors or subconsultants to be paid from the bill or invoice and the amounts due to each of them, if any. Requires contractors to pay each subcontractor and material supplier within 7 business days after receiving payment. Requires contractors to provide written notice of refusal to pay a subcontractor or material supplier electronically within 7 business days after receiving payment. Provides a penalty for a contractor's failure to provide payment to a subcontractor or material supplier electronically within 7 business days after receiving payment. Provides that on or before July 2021, the Department of Transportation shall publish on its website a searchable database that allows for queries by the name of a subcontractor or the pay item of each pay period such that each pay item is associated with either the prime contractor or a subcontractor. Makes conforming changes. Senate Floor Amendment No. 2 Deletes reference to: 30 ILCS 500/20-120 Adds reference to: 30 ILCS 540/1 from Ch. 127, par. 132.401 Replaces everything after the enacting clause. Amends the State Prompt Payment Act. Provides that on and after July 1, 2021, "a proper bill or invoice" also includes the names of all subcontractors or subconsultants to be paid from the bill or invoice and the amounts due to each of them, if any. Requires contractors to pay each subcontractor and material supplier, either electronically, within 7 business days after receiving payment, or if paid by a printed check, the printed check must be postmarked within 7 business days after receiving payment. Requires contractors to provide written notice of refusal to pay a subcontractor or material supplier within 7 business days after receiving payment. Provides a penalty for a contractor's failure to provide payment to a subcontractor or material supplier within 7 business days after receiving payment. Provides that on or before July 2021, the Department of Transportation shall publish on its website a searchable database that allows for queries by the name of a subcontractor or the pay item such that each pay item is associated with either the prime contractor or a subcontractor. Makes conforming changes. Senate Floor Amendment No. 3 Requires the Department of Transportation to publish on its website a searchable database that allows for queries for each active construction contract by the name of a subcontractor or the pay item such that each pay item is associated with either the prime contractor or a subcontractor (currently, queries for each active construction contract not required). House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill, and provides that when a contractor receives any payment, the contractor shall pay each subcontractor and material supplier electronically within 10 business days or 15 calendar days, whichever occurs earlier (as engrossed, payment required within 7 business days), or, if paid by a printed check, the printed check must be postmarked within 10 business days or 15 calendar days, whichever occurs earlier (as engrossed, postmark required within 7 business days), after receiving payment. Makes conforming changes. Fiscal Note, House Floor Amendment No. 1 (Dept. of Transportation) The changes to prompt pay will not add cost to current IDOT procedures. The query portal for the IDOT website will cost $100,000 to develop.

Bill Sponsors (16)

Votes


Actions


Aug 23, 2019

Senate

Public Act . . . . . . . . . 101-0524

Senate

Effective Date January 1, 2020

Senate

Governor Approved

Jun 28, 2019

Senate

Sent to the Governor

May 30, 2019

Senate

House Floor Amendment No. 1 Senate Concurs 038-017-000

Senate

Passed Both Houses

Senate

Senate Concurs

Senate

House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Transportation; 013-006-000

May 29, 2019

Senate

House Floor Amendment No. 1 Motion to Concur Referred to Assignments

Senate

House Floor Amendment No. 1 Motion to Concur Assignments Referred to Transportation

Senate

House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Ram Villivalam

May 28, 2019

House

House Floor Amendment No. 1 Adopted

Senate

Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 29, 2019

Senate

Secretary's Desk - Concurrence House Amendment(s) 1

House

Alternate Co-Sponsor Removed Rep. Lamont J. Robinson, Jr.

House

Added Alternate Chief Co-Sponsor Rep. Lamont J. Robinson, Jr.

House

Third Reading - Short Debate - Passed 101-014-000

House

Placed on Calendar Order of 3rd Reading - Short Debate

May 27, 2019

House

House Floor Amendment No. 1 Fiscal Note Filed as Amended

May 26, 2019

House

House Floor Amendment No. 1 Fiscal Note Requested as Amended by Rep. Tom Demmer

House

Added Alternate Co-Sponsor Rep. Elizabeth Hernandez

May 24, 2019

House

House Floor Amendment No. 1 Recommends Be Adopted State Government Administration Committee; 010-000-000

May 23, 2019

House

House Floor Amendment No. 1 Rules Refers to State Government Administration Committee

May 22, 2019

House

Added Alternate Co-Sponsor Rep. Theresa Mah

House

Second Reading - Short Debate

House

House Floor Amendment No. 1 Referred to Rules Committee

House

House Floor Amendment No. 1 Filed with Clerk by Rep. Camille Y. Lilly

House

Held on Calendar Order of Second Reading - Short Debate

May 16, 2019

House

Placed on Calendar 2nd Reading - Short Debate

May 15, 2019

House

Do Pass / Short Debate State Government Administration Committee; 007-003-000

House

Added Alternate Co-Sponsor Rep. Kelly M. Cassidy

May 14, 2019

House

Assigned to State Government Administration Committee

House

Motion to Suspend Rule 21 - Prevailed

House

Motion Filed to Suspend Rule 21 State Government Administration Committee; Rep. Gregory Harris

House

Final Action Deadline Extended-9(b) May 31, 2019

May 10, 2019

House

Rule 19(a) / Re-referred to Rules Committee

May 09, 2019

House

Added Alternate Co-Sponsor Rep. Will Guzzardi

House

Added Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.

House

Added Alternate Co-Sponsor Rep. Kathleen Willis

House

Added Alternate Co-Sponsor Rep. William Davis

House

Added Alternate Co-Sponsor Rep. Justin Slaughter

May 08, 2019

House

Added Alternate Co-Sponsor Rep. Rita Mayfield

House

Added Alternate Co-Sponsor Rep. Lamont J. Robinson, Jr.

May 07, 2019

House

Added Alternate Co-Sponsor Rep. Barbara Hernandez

House

Assigned to State Government Administration Committee

May 02, 2019

House

Referred to Rules Committee

House

First Reading

May 01, 2019

Senate

Placed on Calendar Order of 3rd Reading

Senate

Senate Floor Amendment No. 3 Adopted; Sandoval

Senate

Senate Floor Amendment No. 2 Adopted; Sandoval

Senate

Recalled to Second Reading

Senate

Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

Senate

Added as Co-Sponsor Sen. Martin A. Sandoval

House

Chief House Sponsor Rep. Camille Y. Lilly

House

Arrived in House

Senate

Third Reading - Passed; 035-017-000

Apr 12, 2019

Senate

Rule 2-10 Third Reading Deadline Established As May 2, 2019

Apr 11, 2019

Senate

Chief Sponsor Changed to Sen. Ram Villivalam

Senate

Added as Co-Sponsor Sen. Napoleon Harris, III

Apr 09, 2019

Senate

Placed on Calendar Order of 3rd Reading April 10, 2019

Senate

Senate Floor Amendment No. 3 Recommend Do Adopt Transportation; 012-003-000

Senate

Senate Floor Amendment No. 2 Recommend Do Adopt Transportation; 012-003-000

Senate

Second Reading

Apr 04, 2019

Senate

Senate Floor Amendment No. 3 Assignments Refers to Transportation

Senate

Senate Floor Amendment No. 2 Postponed - Transportation

Apr 03, 2019

Senate

Senate Floor Amendment No. 3 Filed with Secretary by Sen. Martin A. Sandoval

Senate

Senate Floor Amendment No. 3 Referred to Assignments

Mar 26, 2019

Senate

Senate Floor Amendment No. 2 Assignments Refers to Transportation

Mar 25, 2019

Senate

Senate Floor Amendment No. 2 Referred to Assignments

Senate

Senate Floor Amendment No. 2 Filed with Secretary by Sen. Martin A. Sandoval

Mar 20, 2019

Senate

Placed on Calendar Order of 2nd Reading March 21, 2019

Senate

Do Pass as Amended Transportation; 018-000-000

Mar 19, 2019

Senate

Senate Committee Amendment No. 1 Adopted

Mar 14, 2019

Senate

Senate Committee Amendment No. 1 Assignments Refers to Transportation

Mar 13, 2019

Senate

Senate Committee Amendment No. 1 Referred to Assignments

Senate

Senate Committee Amendment No. 1 Filed with Secretary by Sen. Martin A. Sandoval

Mar 12, 2019

Senate

Postponed - Transportation

Mar 05, 2019

Senate

Postponed - Transportation

Feb 20, 2019

Senate

Postponed - Transportation

Jan 30, 2019

Senate

Assigned to Transportation

Jan 23, 2019

Senate

First Reading

Senate

Referred to Assignments

Senate

Filed with Secretary by Sen. Martin A. Sandoval

Bill Text

Bill Text Versions Format
Introduced HTML
Engrossed HTML
Enrolled HTML

Related Documents

Document Format
Public Act
House Amendment 001
Senate Amendment 003
Senate Amendment 002
Senate Amendment 001

Sources

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