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 Bill Status of HB2664  100th General Assembly


Short Description:  PROMPT PAYMENT-SUBCONTRACTORS

House Sponsors
Rep. William Davis - Camille Y. Lilly

Senate Sponsors
(Sen. Napoleon Harris, III - Jacqueline Y. Collins, Donne E. Trotter and Kimberly A. Lightford)

Last Action
DateChamber Action
  8/25/2017HousePublic Act . . . . . . . . . 100-0376

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


Synopsis As Introduced
Amends the State Prompt Payment Act. Provides that if a contractor is assessed liquidated damages by the State, the contractor is still responsible to each subcontractor under the subcontracts. For contracts with the Department of Transportation, provides that if a contractor is assessed a liquidated damages penalty equal to or exceeding the total amount of the contract and the contractor is unable to pay its subcontractors, the Department of Transportation shall verify completion of the work performed by the subcontractor and, upon successful verification, pay the subcontractor the amount owed on the subcontract with the contractor.

House Floor Amendment No. 1
Replaces everything after the enacting clause. Amends the State Prompt Payment Act. Provides when a contractor receives any payment under a contract with a State official or agency, the contractor shall pay each lower-tiered subcontractor and material supplier and each subcontractor and material supplier shall make payment to its own respective subcontractors and material suppliers. Provides that for construction contracts with the Department of Transportation, the contractor, subcontractor, or material supplier, regardless of tier, shall not offset, decrease, or diminish payment or payments that are due to its subcontractors or material suppliers without reasonable cause. Requires a contractor who refuses to make prompt payment to make written notice. Sets forth requirements for administrative hearings held in the event a contractor refuses to make prompt payment. Allows contractors to be further barred from entering into State public construction contracts for a period of 6 months if, on 2 or more occasions within a 3-calendar-year period, there is a finding by an administrative law judge that the contractor failed to make payment in full without reasonable cause. Allows for the award of attorney's fees. Provides that orders under these provisions are subject to the Administrative Review Law. Sets forth rules of construction. Allows State agencies to adopt rules as may be deemed necessary to establish formal procedures in accordance with the provisions. Makes other changes.

Actions 
DateChamber Action
  2/8/2017HouseFiled with the Clerk by Rep. William Davis
  2/8/2017HouseFirst Reading
  2/8/2017HouseReferred to Rules Committee
  2/22/2017HouseAssigned to State Government Administration Committee
  3/29/2017HouseDo Pass / Short Debate State Government Administration Committee; 006-000-000
  3/30/2017HousePlaced on Calendar 2nd Reading - Short Debate
  4/7/2017HouseSecond Reading - Short Debate
  4/7/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/21/2017HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. William Davis
  4/21/2017HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/24/2017HouseHouse Floor Amendment No. 1 Rules Refers to State Government Administration Committee
  4/25/2017HouseHouse Floor Amendment No. 1 Recommends Be Adopted State Government Administration Committee; 007-000-000
  4/28/2017HouseAdded Chief Co-Sponsor Rep. Camille Y. Lilly
  4/28/2017HouseRecalled to Second Reading - Short Debate
  4/28/2017HouseHouse Floor Amendment No. 1 Adopted
  4/28/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/28/2017HouseThird Reading - Short Debate - Passed 090-012-000
  5/2/2017SenateArrive in Senate
  5/2/2017SenatePlaced on Calendar Order of First Reading May 3, 2017
  5/3/2017SenateChief Senate Sponsor Sen. Napoleon Harris, III
  5/4/2017SenateFirst Reading
  5/4/2017SenateReferred to Assignments
  5/5/2017SenateAssigned to State Government
  5/12/2017SenatePostponed - State Government
  5/12/2017SenateRule 2-10 Committee Deadline Established As May 19, 2017
  5/19/2017SenateDo Pass State Government; 008-000-000
  5/19/2017SenatePlaced on Calendar Order of 2nd Reading May 22, 2017
  5/23/2017SenateSecond Reading
  5/23/2017SenatePlaced on Calendar Order of 3rd Reading May 24, 2017
  5/26/2017SenateRule 2-10 Third Reading Deadline Established As May 31, 2017
  5/30/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/30/2017SenateAdded as Alternate Co-Sponsor Sen. Donne E. Trotter
  5/30/2017SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
  5/30/2017SenateThird Reading - Passed; 056-000-000
  5/30/2017HousePassed Both Houses
  6/28/2017HouseSent to the Governor
  8/25/2017HouseGovernor Approved
  8/25/2017HouseEffective Date January 1, 2018
  8/25/2017HousePublic Act . . . . . . . . . 100-0376

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