Illinois General Assembly - Illinois Compiled Statutes

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65 ILCS 5/11-39-3

(65 ILCS 5/11-39-3)

Sec. 11-39-3. Builder or developer cash bond or other surety.

(a) A municipality may not require a cash bond, irrevocable letter of
credit, surety bond, or letter of commitment issued by a bank, savings and loan
association, surety, or insurance company from a builder or developer
to guarantee completion of a project improvement when the builder or developer
has filed with the municipal clerk a
current, irrevocable letter of credit, surety bond, or letter of commitment
issued by a bank, savings and loan association, surety, or insurance company,
deemed good and sufficient
by the municipality accepting such security, in an
amount
equal
to or greater than 110% of the amount of the bid on each project improvement.
A builder or developer has the option to utilize a
cash bond, irrevocable letter of credit,
surety bond, or letter of commitment, issued by a bank, savings and loan
association, surety, or insurance company, deemed good and
sufficient
by the municipality, to
satisfy any cash bond requirement established by a municipality.
Except for a municipality or county with a population of 1,000,000 or more,
the municipality must approve and deem a surety or insurance
company good and sufficient for the purposes set forth in this Section if the
surety or insurance company is authorized by the Illinois Department
of Insurance to sell and issue sureties in the State of Illinois.

(b) If a municipality receives a cash bond, irrevocable letter of credit,
or surety bond from a builder or developer to
guarantee completion of a project improvement, the municipality shall (i)
register the bond
under
the address of the project and the construction permit number and (ii) give the
builder or developer a receipt for the bond.  The municipality shall establish
and
maintain a separate account for all cash bonds received from builders and
developers to guarantee completion of a project improvement.

(c) The municipality shall refund a cash bond to a builder or developer,
or release the irrevocable letter of credit or surety bond
within
60 days after the builder or developer notifies the municipality in writing of
the
completion of the project improvement for which the bond
was required.
For these purposes, "completion" means that the municipality has determined
that the project improvement for which the bond was required is complete or a
licensed engineer or licensed architect has certified to the builder or
developer and the municipality that the project improvement has been completed
to the applicable codes and ordinances.
The municipality shall pay interest to the builder or developer, beginning 60
days after builder or developer notifies the municipality in writing of the
completion of
the
project improvement, on any bond not refunded to a builder or developer, at
the rate of 1%
per month.

(d) A home rule municipality may not require or maintain cash bonds,
irrevocable letters of credit, surety bonds, or letters of commitment issued by
a bank, savings and loan association, surety, or insurance company
from
builders or developers in a manner inconsistent with this Section.  This
Section supersedes and controls over other provisions of this Code
as they apply to and guarantee completion of a project improvement that is
required by the municipality, regardless of whether the project improvement is
a condition of annexation agreements.  This
Section is a denial and limitation under subsection (i) of Section
6 of Article VII of the Illinois Constitution on the concurrent exercise by a
home rule municipality of powers and functions exercised by the State.

(Source: P.A. 96-1000, eff. 7-2-10.)