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.".