Illinois 95th Regular Session Status: Enacted

SB 1890 — PUB CONST BOND-DEFAULT

Last action — Public Act . . . . . . . . . 95-1011

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2008. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Public Construction Bond Act. Requires surety bonds on public construction projects costing over $100,000 (now, over $5,000). With respect to bonds securing contracts between the Capital Development Board or a public institution of higher education and a contractor, requires that within 15 days after notice to the surety that the principal is in default, the surety must (i) complete the work using a contractor selected jointly with the obligee or (ii) provide the obligee the amount needed to complete the work, in excess of the unpaid contract balance and up to the penal sum of the bond. Effective immediately.

Bill Text

What changed in the latest version

44 added · 35 removed

Plain-language change summary

The recent amendments to Bill SB 1890 clarify the responsibilities of surety companies in construction contracts. Specifically, they set a 30-day deadline for sureties to respond about the course of action they intend to take if there is a contractor default. This matters because it helps ensure that projects keep moving forward without unnecessary delays, reducing the risk of cost overruns and disruptions for the state or local governments involved. Additionally, the changes maintain the contractor's freedom to choose their surety bond provider, which promotes a competitive market for these services.

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SB1890 Engrossed LRB095 14226 JAM 40095 b AN ACT concerning finance.
SB1890 Enrolled LRB095 14226 JAM 40095 b AN ACT concerning finance.
The amount of the bond shall be fixed by the officials, boards, commissions, commissioners or agents, and the bond, among other conditions, shall be conditioned for the completion of the contract, for the payment of material used in the work and for all labor performed in the work, whether by SB1890 Engrossed - 2 - LRB095 14226 JAM 40095 b subcontractor or otherwise.
The amount of the bond shall be fixed by the officials, boards, commissions, commissioners or agents, and the bond, among other conditions, shall be conditioned for the completion of the contract, for the payment of material used in the work and for all labor performed in the work, whether by SB1890 Enrolled - 2 - LRB095 14226 JAM 40095 b subcontractor or otherwise.
Each bond securing contracts between the Capital Development Board or any board of a public institution of higher education and a contractor shall contain the following provisions, whether the provisions are inserted in the bond or SB1890 Engrossed - 3 - LRB095 14226 JAM 40095 b not:
Each bond securing contracts between the Capital Development Board or any board of a public institution of higher education and a contractor shall contain the following provisions, whether the provisions are inserted in the bond or SB1890 Enrolled - 3 - LRB095 14226 JAM 40095 b not:
"Upon the default of the principal with respect to undertakings, covenants, terms, conditions, and agreements, the termination of the contractor’s right to proceed with the work, and written notice of that default and termination by the State or any political subdivision to the surety ("Notice"), the surety shall promptly remedy the default by taking one of the following actions:
"Upon the default of the principal with respect to undertakings, covenants, terms, conditions, and agreements, the termination of the contractor's right to proceed with the work, and written notice of that default and termination by the State or any political subdivision to the surety ("Notice"), the surety shall promptly remedy the default by taking one of the following actions:
The surety shall respond to the Notice within 15 working days of receipt indicating the course of action that it intends to take.
The surety shall respond to the Notice within 15 working days of receipt indicating the course of action that it intends to take or advising that it requires more time to investigate the default and select a course of action.
If the surety elects to complete the work with a completing contractor and if the State or any political subdivision determines it is in the best interest of the State to maintain the progress of the work, the State or any political subdivision may continue to work until the completing contractor is prepared to commence performance.
If the surety requires more than 15 working days to investigate the default and select a course of action or if the surety elects to complete the work with a completing contractor that is not prepared to commence performance within 15 working days after receipt of Notice, and if the State or any political subdivision determines it is in the best interest of the State SB1890 Enrolled - 4 - LRB095 14226 JAM 40095 b to maintain the progress of the work, the State or any political subdivision may continue to work until the completing contractor is prepared to commence performance.
The surety shall be liable for reasonable costs incurred by the State or any political subdivision to maintain the progress to the SB1890 Engrossed - 4 - LRB095 14226 JAM 40095 b extent the costs exceed the unpaid balance of the contract sum, subject to the penal sum of the bond.".
Unless otherwise agreed to by the procuring agency, in no case may the surety take longer than 30 working days to advise the State or political subdivision on the course of action it intends to take.
The surety bond required by this Section may be acquired from the company, agent or broker of the contractor’s choice.
The surety shall be liable for reasonable costs incurred by the State or any political subdivision to maintain the progress to the extent the costs exceed the unpaid balance of the contract sum, subject to the penal sum of the bond.".
The surety bond required by this Section may be acquired from the company, agent or broker of the contractor's choice.
Any such bank letter of credit shall contain all provisions required for bonds by this Section.
Any such bank letter of credit shall contain all provisions required for SB1890 Enrolled - 5 - LRB095 14226 JAM 40095 b bonds by this Section.
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Action History

  1. Public Act . . . . . . . . . 95-1011

  2. Effective Date December 15, 2008

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Added as Chief Co-Sponsor Sen. Michael Bond

  7. House Committee Amendment No. 1 Senate Concurs 056-000-000

  8. 3/5 Vote Required

  9. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt State Government and Veterans Affairs; 009-000-000

  10. House Committee Amendment No. 1 Motion to Concur Rules Referred to State Government and Veterans Affairs

  11. Placed on Calendar Order of Concurrence House Amendment(s) November 13, 2008; 01

  12. Approved for Consideration Rules

  13. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  14. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. William R. Haine

  15. House Committee Amendment No. 1 Motion to Concur Referred to Rules; Pursuant to Senate Rule 3-9(b)

  16. Pursuant to Senate Rule 3-9(b) / Referred to Rules

  17. House Committee Amendment No. 1 Motion to Concur Postponed State Government and Veterans Affairs

  18. House Committee Amendment No. 1 Motion to Concur Rules Referred to State Government and Veterans Affairs

  19. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  20. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Kwame Raoul

  21. Placed on Calendar Order of Concurrence House Amendment(s) 01-May 31, 2008

  22. Secretary's Desk - Concurrence House Amendment(s) 01

  23. Third Reading - Short Debate - Passed 113-000-000

  24. Added Alternate Chief Co-Sponsor Rep. Elga L. Jefferies

  25. Placed on Calendar Order of 3rd Reading - Short Debate

  26. Second Reading - Short Debate

  27. Added Alternate Chief Co-Sponsor Rep. Al Riley

  28. Placed on Calendar 2nd Reading - Short Debate

  29. Do Pass as Amended / Short Debate State Government Administration Committee; 011-000-000

  30. House Committee Amendment No. 1 Adopted in State Government Administration Committee; by Voice Vote

  31. House Committee Amendment No. 1 Filed with Clerk by State Government Administration Committee

  32. Added Alternate Chief Co-Sponsor Rep. Lisa M. Dugan

  33. Final Action Deadline Extended-9(b) May 31, 2008

  34. Assigned to State Government Administration Committee

  35. Committee Deadline Extended-Rule 9(b) May 23, 2008

  36. Referred to Rules Committee

  37. First Reading

  38. Chief House Sponsor Rep. Marlow H. Colvin

  39. Placed on Calendar Order of First Reading

  40. Arrived in House

  41. Third Reading - Passed; 054-000-000

  42. Added as Co-Sponsor Sen. Martin A. Sandoval

  43. Placed on Calendar Order of 3rd Reading April 17, 2008

  44. Senate Floor Amendment No. 1 Adopted; Haine

  45. Second Reading

  46. Senate Floor Amendment No. 1 Recommend Do Adopt State Government and Veterans Affairs; 007-000-000

  47. Senate Floor Amendment No. 1 Rules Refers to State Government and Veterans Affairs

  48. Senate Floor Amendment No. 1 Referred to Rules

  49. Senate Floor Amendment No. 1 Filed with Secretary by Sen. William R. Haine

  50. Placed on Calendar Order of 2nd Reading April 1, 2008

  51. Do Pass State Government and Veterans Affairs; 009-000-000

  52. Added as Chief Co-Sponsor Sen. Kwame Raoul

  53. Postponed - State Government and Veterans Affairs

  54. Assigned to State Government and Veterans Affairs

  55. Referred to Rules

  56. First Reading

  57. Filed with Secretary by Sen. William R. Haine

Sponsors

  • William R. Haine · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • William R. Haine

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 46003
Democrat 9000
Republican 1000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Hendon — Yea
Link — Yea
Maloney — Yea
Meeks — Yea
Millner — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Brady — Yea
Sullivan — Yea
Clayborne — Yea
Dillard — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Munoz — Yea
Kotowski — Yea
Lauzen — Not Voting
Cullerton — Yea
Jacobs — Yea
Jones, J. — Yea
Demuzio — Yea
Noland — Yea
Watson — Not Voting
Peterson — Yea
Radogno — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Crotty — Yea
DeLeo — Yea
Hultgren — Yea
Hutchinson — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Cronin — Yea
Dahl — Yea
Garrett — Not Voting
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 113 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democrat 8001
Unaffiliated 101004
Republican 4000
Total 113005
% of votes cast 96%0%0%4%
How each member voted (118)
Member Party Vote
Myers — Yea
Jefferies — Yea
Jefferson — Yea
Krause — Yea
Lang — Yea
Dugan — Yea
Dunkin — Yea
Leitch — Yea
Mathias — Yea
McAuliffe — Yea
Reitz — Yea
McCarthy — Yea
Mendoza — Yea
Lyons — Yea
Meyer — Yea
Moffitt — Yea
Mulligan — Yea
Munson — Yea
Schock — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Burke — Yea
Sullivan — Yea
Hannig — Yea
Harris — Yea
Coladipietro — Yea
Cole — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Hassert — Yea
Hernandez — Yea
Madigan — Yea
Howard — Yea
Nekritz — Yea
Davis, Monique — Yea
Osterman — Not Voting
Watson — Not Voting
Phelps — Yea
Pihos — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Hamos — Not Voting
Holbrook — Yea
Jakobsson — Yea
Kosel — Yea
Osmond — Yea
Patterson — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Scully — Yea
Sommer — Yea
Soto — Yea
Lindner — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Not Voting
Molaro — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Not Voting
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 54 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democrat 9000
Unaffiliated 45004
Republican 0001
Total 54005
% of votes cast 92%0%0%8%
How each member voted (59)
Member Party Vote
Lauzen — Yea
Dillard — Yea
Link — Yea
Luechtefeld — Not Voting
Meeks — Yea
Millner — Yea
Brady — Yea
Noland — Yea
Pankau — Yea
Peterson — Not Voting
Schoenberg — Yea
Sullivan — Yea
Silverstein — Yea
Munoz — Yea
Steans — Yea
Trotter — Yea
Viverito — Not Voting
Wilhelmi — Yea
Cullerton — Yea
Watson — Yea
Jacobs — Yea
Jones, J. — Yea
Demuzio — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Halvorson — Yea
Hendon — Yea
Hultgren — Yea
Kotowski — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Not Voting
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Subjects

housing labor education
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Frequently asked questions

What does SB 1890 do?
Amends the Public Construction Bond Act. Requires surety bonds on public construction projects costing over $100,000 (now, over $5,000). With respect to bonds securing contracts between the Capital Development Board or a public institution of higher education and a contractor, requires that within 15 days after notice to the surety that the principal is in default, the surety must (i) complete the work using a contractor selected jointly with the obligee or (ii) provide the obligee the amount needed to complete the work, in excess of the unpaid contract balance and up to the penal sum of the bond. Effective immediately.
Who sponsors SB 1890?
SB 1890 is sponsored by William R. Haine.
What is the current status of SB 1890?
This bill has been enacted into law. Introduced January 10, 2008. Enacted.
Where can I track SB 1890?
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