Bill Status of SB 13   94th General Assembly

Short Description:  ST PROMPT PAY- VOUCHER INFO

Senate Sponsors
Sen. Jacqueline Y. Collins-Martin A. Sandoval-Iris Y. Martinez-Kwame Raoul-Mattie Hunter

House Sponsors
(Rep. Arthur L. Turner-Gary Hannig-Milton Patterson-Kenneth Dunkin)


Last Action  View All Actions

DateChamber Action
  8/23/2005SenatePublic Act . . . . . . . . . 94-0672

Statutes Amended In Order of Appearance
30 ILCS 540/7from Ch. 127, par. 132.407

Synopsis As Introduced
Amends the State Prompt Payment Act. Requires a State official or agency responsible for administering a contract, when submitting a voucher to the Comptroller for payment to a contractor, to promptly make available electronically the voucher number, the fate of the voucher, and the amount of the voucher. Provides that the State official or agency responsible for administering the contract shall provide subcontractors and material suppliers, known to the State official or agency, with instructions on how to access the electronic information. Provides that if a contractor, without reasonable cause, fails to make a full (now, any) payment of certain amounts due to his subcontractors and material supplier within 15 days after receipt of payment under a public construction contract, the contractor must pay the subcontractors and material suppliers 4% (now, 2%) interest each months in addition to the payments due until the amount is fully paid. Provides procedures for subcontractors and material suppliers to follow. Provides that if a State official or agency responsible for administering a contract determines, after notice to appropriate parties and a hearing, that a contractor has failed to make a payment in full within 45 days under a public construction contract, then that contractor must make payment within 15 days after the finding; if not, the contractor is barred from entering into a State public construction contract for one year.

 Fiscal Note (Capital Development Board)
 A staff person would need to be hired to collect information and review filings from the subcontractors. That cost would be about $70,000. A hearing officer would need to be hired off the State master contract to hear cases that require the hearing. That cost would be about $100,000. This penalty fee of 4% if placed on only 1% of the agency's construction spending could amount to as much as $80,000 per fiscal year.

 Fiscal Note (Illinois Department of Transportation)
 If Senate Bill 13 was passed, additional expenses would be incurred by IDOT. Additional time and staffing would be required to track complaints and hold hearings for non-payment. These expenses are presently indeterminate.

 Fiscal Note (Illinois Commerce Commission)
 In the past 10 years, the ICC has only had 1 public construction contract under our direct jurisdiction, therefore, this amendment will likely affect us minimally. If the Comptroller's Office does not handle the access to the contract information on their website, we will need to add that information to the ICC website which will have minimal impact to our operations. If the Commission were required to hold hearings pursuant to Section 7(b)(2) of the bill, there would be some costs associated with this responsibility.

 Fiscal Note (Department of Natural Resources)
 Currently there are no systems in place to perform these functions. Systems and personnel costs will certainly be involved, but the amount cannot be determined at this time. It would take time to determine what systems would be needed to comply, how many people it would take to run those systems. Currently, the Department processes several thousand vouchers for contractors. The fiscal cost to DNR could be significant.

 Fiscal Note (Department of Human Services)
 Cost: Minimum $200,000

House Amendment No. 1
Deletes everything after the enacting clause. Reinserts Senate Bill 13 with the following changes: Requires that the State official's or agency's hearing be convened by an administrative law judge and that the contractor, subcontractors, and material suppliers have the right to be represented by counsel and to cross-examine witnesses and challenge documents. Changes references from the State official's or agency's determinations to the administrative law judge's findings.

House Amendment No. 2
Deletes everything after the enacting clause. Reinserts Senate Bill 13 with the following changes: Restores the 2% interest penalty. Requires that the State official's or agency's hearing be convened by an administrative law judge and that the contractor, subcontractors, and material suppliers have the right to be represented by counsel and to cross-examine witnesses and challenge documents. Changes references from the State official's or agency's determinations to the administrative law judge's findings.

 Fiscal Note (H-AM 1) (Admin. Office of the Ill. Courts)
 No fiscal impact on the judicial branch.

 Judicial Note (H-AM 1) (Admin. Office of the Ill. Courts)
 Would neither increase nor decrease the number of judges needed in the state.

Actions 
DateChamber Action
  1/26/2005SenateFiled with Secretary by Sen. Jacqueline Y. Collins
  1/26/2005SenateFirst Reading
  1/26/2005SenateReferred to Rules
  2/3/2005SenateAssigned to State Government
  2/17/2005SenatePostponed - State Government
  2/24/2005SenatePostponed - State Government
  3/3/2005SenateDo Pass State Government; 006-002-000
  3/3/2005SenatePlaced on Calendar Order of 2nd Reading March 8, 2005
  3/10/2005SenateFiscal Note Requested by Sen. Dale E. Risinger
  3/24/2005SenateFiscal Note Filed from the Capital Development Board.
  3/30/2005SenateFiscal Note Filed from the Illinois Department of Transportation.
  4/6/2005SenateFiscal Note Filed from the Illinois Commerce Commission.
  4/6/2005SenateSecond Reading
  4/6/2005SenatePlaced on Calendar Order of 3rd Reading April 7, 2005
  4/7/2005SenateFiscal Note Filed from the Illinois Department of Natural Resources.
  4/11/2005SenateAdded as Chief Co-Sponsor Sen. Martin A. Sandoval
  4/11/2005SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez
  4/11/2005SenateAdded as Chief Co-Sponsor Sen. Kwame Raoul
  4/11/2005SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  4/11/2005SenateThird Reading - Passed; 032-021-001
  4/11/2005HouseArrived in House
  4/11/2005HousePlaced on Calendar Order of First Reading
  4/12/2005HouseChief House Sponsor Rep. Arthur L. Turner
  4/12/2005HouseFiscal Note Filed
  4/12/2005HouseFirst Reading
  4/12/2005HouseReferred to Rules Committee
  4/20/2005HouseAssigned to State Government Administration Committee
  5/13/2005HouseCommittee/Final Action Deadline Extended-9(b) May 27, 2005
  5/18/2005HouseHouse Amendment No. 1 Filed with Clerk by State Government Administration Committee
  5/18/2005HouseHouse Amendment No. 1 Adopted in State Government Administration Committee; by Voice Vote
  5/18/2005HouseHouse Amendment No. 2 Filed with Clerk by State Government Administration Committee
  5/18/2005HouseHouse Amendment No. 2 Adopted in State Government Administration Committee; by Voice Vote
  5/18/2005HouseDo Pass as Amended / Short Debate State Government Administration Committee; 005-000-002
  5/19/2005HousePlaced on Calendar 2nd Reading - Short Debate
  5/19/2005HouseFiscal Note Filed As Amended by HA 1
  5/19/2005HouseJudicial Note Filed As Amended by HA 1
  5/20/2005HouseFinal Action Deadline Extended-9(b) May 31, 2005
  5/24/2005HouseSecond Reading - Short Debate
  5/24/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/27/2005HouseRecalled to Second Reading - Short Debate
  5/27/2005HouseHeld on Calendar Order of Second Reading - Short Debate
  5/27/2005HouseAdded Alternate Chief Co-Sponsor Rep. Gary Hannig
  5/28/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/28/2005HouseThird Reading - Short Debate - Passed 072-040-000
  5/28/2005HouseAdded Alternate Chief Co-Sponsor Rep. Milton Patterson
  5/28/2005HouseAdded Alternate Chief Co-Sponsor Rep. Kenneth Dunkin
  5/28/2005SenateSecretary's Desk - Concurrence House Amendment(s) 01,02
  5/28/2005SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,02-May 29, 2005.
  5/29/2005SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. Jacqueline Y. Collins
  5/29/2005SenateHouse Amendment No. 1 Motion to Concur Referred to Rules
  5/29/2005SenateHouse Amendment No. 2 Motion to Concur Filed with Secretary Sen. Jacqueline Y. Collins
  5/29/2005SenateHouse Amendment No. 2 Motion to Concur Referred to Rules
  5/29/2005SenateHouse Amendment No. 1 Motion to Concur Rules Referred to State Government
  5/29/2005SenateHouse Amendment No. 2 Motion to Concur Rules Referred to State Government
  5/29/2005SenateHouse Amendment No. 1 Motion To Concur Recommended Do Adopt State Government; 008-000-000
  5/29/2005SenateHouse Amendment No. 2 Motion To Concur Recommended Do Adopt State Government; 008-000-000
  5/29/2005SenateHouse Amendment No. 1 Senate Concurs 037-021-000
  5/29/2005SenateHouse Amendment No. 2 Senate Concurs 037-021-000
  5/29/2005SenatePassed Both Houses
  6/27/2005SenateSent to the Governor
  8/23/2005SenateGovernor Approved
  8/23/2005SenateEffective Date January 1, 2006
  8/23/2005SenatePublic Act . . . . . . . . . 94-0672

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