Bill Status of HB5260  94th General Assembly


Short Description:  PROMPT PAYMENT-STATE AGENCIES

House Sponsors
Rep. Jim Durkin - Joseph M. Lyons - John E. Bradley - Annazette Collins, Angelo Saviano, Jim Sacia, Patricia R. Bellock and Donald L. Moffitt

Senate Sponsors
(Sen. Terry Link - Pamela J. Althoff)

Last Action
DateChamber Action
  6/30/2006HousePublic Act . . . . . . . . . 94-0972

Statutes Amended In Order of Appearance
30 ILCS 540/3-2from Ch. 127, par. 132.403-2
30 ILCS 540/3-5 new
30 ILCS 540/3-6 new
30 ILCS 540/7from Ch. 127, par. 132.407


Synopsis As Introduced
Amends the State Prompt Payment Act to provide that notification to a vendor that a bill or invoice contains a defect must be given not later than 45 days after the bill was first submitted or not later than 30 days after the receipt of the goods or services, whichever is later. Sets forth that if the State official or agency whose approval is required for any invoice fails to approve or disapprove that invoice within this notification period, the interest for late payment of that invoice shall be computed from the date 60 days after the receipt of that invoice or the date 60 days after the goods or services are received, whichever is later. Provides that if the State fails to pay any invoice within 30 days of approval or fails to approve or disapprove the invoice within the period at which interest may accrue, plus an additional 30 days, the contractor and subcontractors not paid may suspend performance under the construction contract or subcontracts without penalty, until the overdue payment or payments are made. Authorizes contractors, subcontractors, and material suppliers to recover the interest payable under this Act in any action pursuant to Section 23 of the Mechanics Lien Act or pursuant to the Public Construction Bond Act.

House Committee Amendment No. 1
Deletes reference to:
30 ILCS 540/3-5 new
30 ILCS 540/3-6 new
30 ILCS 540/7from Ch. 127, par. 132.407
Adds reference to:
30 ILCS 540/3-2from Ch. 127, par. 132.403-2

Deletes everything after the enacting clause. Requires the notice of a defect for construction related bills or invoices to be given not later than 30 days after the bill or invoice was first submitted or not later than 30 days after the receipt of the goods or services, whichever is later.

Senate Committee Amendment No. 1
Adds reference to:
30 ILCS 540/3-2from Ch. 127, par. 132.403-2
30 ILCS 540/7from Ch. 127, par. 132.407
50 ILCS 505/3from Ch. 85, par. 5603
50 ILCS 505/9from Ch. 85, par. 5609

Deletes everything after the enacting clause. Amends the State Prompt Payment Act to require that the notice of defect for construction related bills or invoices must be given not later than 30 days after the bill or invoice was first submitted (instead of within that period or not later than 30 days after the receipt of the goods or services, whichever is later). Sets forth that if one or more items on a construction related bill or invoice are disapproved, but not the entire bill or invoice, then the portion that is not disapproved shall be paid. Provides that certain payments to subcontractors and material suppliers shall include interest received under the Act. Amends the Local Government Prompt Payment Act. In a Section requiring the appropriate official or agency receiving goods or services to approve or disapprove a bill from a vendor or contractor within certain time periods, sets forth that if one or more items on a construction related bill or invoice are disapproved, but not the entire bill or invoice, then the portion that is not disapproved shall be paid. Requires that certain interest payments to contractors to whom payment has been delayed shall be disbursed to subcontractors and material suppliers to whom payment has been delayed, on a pro rata basis. Effective July 1, 2007.

Actions 
DateChamber Action
  1/25/2006HouseFiled with the Clerk by Rep. Jim Durkin
  1/25/2006HouseChief Co-Sponsor Rep. Joseph M. Lyons
  1/25/2006HouseChief Co-Sponsor Rep. Annazette Collins
  1/25/2006HouseFirst Reading
  1/25/2006HouseReferred to Rules Committee
  1/30/2006HouseAdded Co-Sponsor Rep. Angelo Saviano
  1/31/2006HouseAssigned to State Government Administration Committee
  2/8/2006HouseAdded Chief Co-Sponsor Rep. John E. Bradley
  2/15/2006HouseHouse Committee Amendment No. 1 Filed with Clerk by State Government Administration Committee
  2/15/2006HouseHouse Committee Amendment No. 1 Adopted in State Government Administration Committee; by Voice Vote
  2/15/2006HouseDo Pass as Amended / Short Debate State Government Administration Committee; 008-000-000
  2/15/2006HousePlaced on Calendar 2nd Reading - Short Debate
  2/16/2006HouseSecond Reading - Short Debate
  2/16/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/21/2006HouseAdded Co-Sponsor Rep. Jim Sacia
  2/21/2006HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  2/21/2006HouseAdded Co-Sponsor Rep. Donald L. Moffitt
  2/21/2006HouseThird Reading - Short Debate - Passed 113-000-000
  2/22/2006SenateArrive in Senate
  2/22/2006SenatePlaced on Calendar Order of First Reading
  2/22/2006SenateChief Senate Sponsor Sen. Terry Link
  2/22/2006SenateFirst Reading
  2/22/2006SenateReferred to Rules
  2/24/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff
  3/8/2006SenateAssigned to State Government
  3/9/2006SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Terry Link
  3/9/2006SenateSenate Committee Amendment No. 1 Referred to Rules
  3/14/2006SenateSenate Committee Amendment No. 1 Rules Refers to State Government
  3/15/2006SenateSenate Committee Amendment No. 1 Adopted
  3/16/2006SenateDo Pass as Amended State Government; 005-000-000
  3/16/2006SenatePlaced on Calendar Order of 2nd Reading March 22, 2006
  3/27/2006SenateSecond Reading
  3/27/2006SenatePlaced on Calendar Order of 3rd Reading March 28, 2006
  3/28/2006SenateThird Reading - Passed; 057-000-000
  3/28/2006HouseArrived in House
  3/28/2006HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  3/30/2006HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Jim Durkin
  3/30/2006HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  4/3/2006HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to State Government Administration Committee
  4/4/2006HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted State Government Administration Committee; 006-000-000
  4/5/2006HouseSenate Committee Amendment No. 1 House Concurs 112-000-000
  4/5/2006HousePassed Both Houses
  5/4/2006HouseSent to the Governor
  6/30/2006HouseGovernor Approved
  6/30/2006HouseEffective Date July 1, 2007
  6/30/2006HousePublic Act . . . . . . . . . 94-0972