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[ House Amendment 002 ] |
90_HB3556enr New Act Creates the Contractor Unified License and Permit Bond Act. Establishes a unified license and permit bond for contractors to file with the county recorder to be used instead of individual license or permit bonds required by the county or a municipality within that county. Provides that the bond shall be in the amount of at least $10,000. Provides that the unified license and permit bond does not prohibit reasonable local license and permit fees. Defines contractor. Preempts home rule. Effective immediately. LRB9009634PTmb HB3556 Enrolled LRB9009634PTmb 1 AN ACT concerning contractor license and permit bonds. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. This Act may be cited as the Contractor 5 Unified License and Permit Bond Act. 6 Section 5. Application. Except for the City of Chicago, 7 this Act applies to all counties, municipalities, and home 8 rule units. 9 Section 10. Definitions. As used in this Act, 10 "Contractor" means any person who, in any capacity other 11 than as the employee of another for wages as the sole 12 compensation, undertakes to construct, alter, repair, move, 13 wreck, or demolish any fixture or structure. The term 14 includes a subcontractor or specialty contractor, but does 15 not include a person who furnishes only materials or 16 supplies. 17 "Home rule unit" has the meaning provided in Section 6 of 18 Article VII of the Illinois Constitution. 19 "Municipality" means a city, village, incorporated town, 20 or township. 21 "Unified license and permit bond" means a single bond 22 combining what are commonly known as a license bond and a 23 permit bond, issued on a uniform document prescribed by the 24 county board or board of county commissioners that includes 25 the name of the county, the name and address of the 26 contractor, the amount of the unified bond, the time period 27 covered by the unified bond, and other required terms and 28 conditions of the unified bond. 29 Section 15. Rules. The county board or county board of HB3556 Enrolled -2- LRB9009634PTmb 1 commissioners may adopt rules and enter into 2 intergovernmental agreements to implement this Act. 3 Section 20. Unified license and permit bond. 4 (a) A contractor seeking to do work or doing work in a 5 county or municipality may obtain a unified license and 6 permit bond. This unified license and permit bond may be 7 used by the contractor, at the contractor's discretion, 8 instead of any other license or permit bond, or both, 9 required of a contractor by the county or a municipality 10 within that county. The bond shall be in the amount of at 11 least $50,000 for counties included within the provisions of 12 the Northeastern Illinois Planning Act and in the amount of 13 at least $25,000 for all other counties. 14 (b) The unified license and permit bond shall be held 15 for compliance with the ordinances and regulations governing 16 contractors in the county or any municipality within that 17 county where the contractor seeks to do work or is doing 18 work. The unified bond required by this Act shall be filed 19 by the contractor with the county clerk. At the time of 20 filing, the county clerk may charge a reasonable 21 administration fee, determined by the county board or board 22 of county commissioners. 23 (c) If a contractor elects to use a unified license and 24 permit bond under this Act and the territory of a 25 municipality where a contractor seeks to do or is doing work 26 is included within more than one county, then the contractor 27 shall obtain a unified license and permit bond from each 28 county and shall file a unified bond with each of the 29 respective county clerks whether or not the contractor seeks 30 to do or is doing work in that part of the municipality 31 included in only one of the counties. 32 In addition, the contractor shall file a certified copy 33 of the unified bond with the clerk in the municipality within HB3556 Enrolled -3- LRB9009634PTmb 1 that county where the contractor seeks to do work or is doing 2 work. At the time of the filing, the clerk may charge a 3 reasonable administration fee, determined by the corporate 4 authorities of the municipality. 5 Section 25. Local permits, licenses, or performance 6 bonds. This Act does not prohibit a county or municipality 7 within that county from requiring local permits, licenses, or 8 performance bonds for contractors to do business in that 9 county or municipality or from charging reasonable permit or 10 license fees or reasonable amounts for performance bonds. 11 Section 30. Home rule. A home rule unit may not 12 regulate unified license and permit bonds for contractors in 13 a manner inconsistent with this Act. This Section is a 14 limitation under subsection (i) of Section 6 of Article VII 15 of the Illinois Constitution on the concurrent exercise by 16 home rule units of powers and functions exercised by the 17 State. 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.