PROMPT PAYMENT-CONTRACTORS Senate SponsorsSen. Ram Villivalam, Napoleon Harris, III and Martin A. Sandoval-Jacqueline Y. Collins House Sponsors(Rep. Camille Y. Lilly-Lamont J. Robinson, Jr., Barbara Hernandez, Rita Mayfield, Justin Slaughter, Will Guzzardi, William Davis, Kathleen Willis, Marcus C. Evans, Jr., Kelly M. Cassidy, Theresa Mah and Elizabeth Hernandez) 8/23/2019SenatePublic Act . . . . . . . . . 101-0524 30 ILCS 500/20-12030 ILCS 540/7from Ch. 127, par. 132.407Amends the Illinois Procurement Code. Provides that the Capital Development Board and the Department of Transportation shall each, by rule, implement a pilot program under which select construction contracts shall contain provisions that if a subcontractor has performed in accordance with the provisions of the subcontract and the work has been accepted by the State agency, the State agency shall pay the subcontractor directly. Provides that the program shall be implemented by January 1, 2021. Amends the State Prompt Payment Act. Provides that certain provisions concerning payments to subcontractors do not apply to payments to a subcontractor for work performed under a subcontract entered into with a construction contractor if the contract contains a provision that the State agency shall pay the subcontractor directly.Senate Committee Amendment No. 1 Deletes reference to:30 ILCS 500/20-120Adds reference to:30 ILCS 540/1from Ch. 127, par. 132.401Replaces everything after the enacting clause. Amends the State Prompt Payment Act. Modifies the term "a proper bill or invoice" to include the names of all subcontractors or subconsultants to be paid from the bill or invoice and the amounts due to each of them, if any. Requires contractors to pay each subcontractor and material supplier within 7 business days after receiving payment. Requires contractors to provide written notice of refusal to pay a subcontractor or material supplier electronically within 7 business days after receiving payment. Provides a penalty for a contractor's failure to provide payment to a subcontractor or material supplier electronically within 7 business days after receiving payment. Provides that on or before July 2021, the Department of Transportation shall publish on its website a searchable database that allows for queries by the name of a subcontractor or the pay item of each pay period such that each pay item is associated with either the prime contractor or a subcontractor. Makes conforming changes.Senate Floor Amendment No. 2 Deletes reference to:30 ILCS 500/20-120Adds reference to:30 ILCS 540/1from Ch. 127, par. 132.401Replaces everything after the enacting clause. Amends the State Prompt Payment Act. Provides that on and after July 1, 2021, "a proper bill or invoice" also includes the names of all subcontractors or subconsultants to be paid from the bill or invoice and the amounts due to each of them, if any. Requires contractors to pay each subcontractor and material supplier, either electronically, within 7 business days after receiving payment, or if paid by a printed check, the printed check must be postmarked within 7 business days after receiving payment. Requires contractors to provide written notice of refusal to pay a subcontractor or material supplier within 7 business days after receiving payment. Provides a penalty for a contractor's failure to provide payment to a subcontractor or material supplier within 7 business days after receiving payment. Provides that on or before July 2021, the Department of Transportation shall publish on its website a searchable database that allows for queries by the name of a subcontractor or the pay item such that each pay item is associated with either the prime contractor or a subcontractor. Makes conforming changes.Senate Floor Amendment No. 3 Requires the Department of Transportation to publish on its website a searchable database that allows for queries for each active construction contract by the name of a subcontractor or the pay item such that each pay item is associated with either the prime contractor or a subcontractor (currently, queries for each active construction contract not required).House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill, and provides that when a contractor receives any payment, the contractor shall pay each subcontractor and material supplier electronically within 10 business days or 15 calendar days, whichever occurs earlier (as engrossed, payment required within 7 business days), or, if paid by a printed check, the printed check must be postmarked within 10 business days or 15 calendar days, whichever occurs earlier (as engrossed, postmark required within 7 business days), after receiving payment. Makes conforming changes.Fiscal Note, House Floor Amendment No. 1 (Dept. of Transportation) The changes to prompt pay will not add cost to current IDOT procedures. The query portal for the IDOT website will cost $100,000 to develop. 1/23/2019SenateFiled with Secretary by Sen. Martin A. Sandoval 1/23/2019SenateFirst Reading 1/23/2019SenateReferred to Assignments 1/30/2019SenateAssigned to Transportation 2/20/2019SenatePostponed - Transportation 3/5/2019SenatePostponed - Transportation 3/12/2019SenatePostponed - Transportation 3/13/2019SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Martin A. Sandoval 3/13/2019SenateSenate Committee Amendment No. 1 Referred to Assignments 3/14/2019SenateSenate Committee Amendment No. 1 Assignments Refers to Transportation 3/19/2019SenateSenate Committee Amendment No. 1 Adopted 3/20/2019SenateDo Pass as Amended Transportation; 018-000-000 3/20/2019SenatePlaced on Calendar Order of 2nd Reading March 21, 2019 3/25/2019SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Martin A. Sandoval 3/25/2019SenateSenate Floor Amendment No. 2 Referred to Assignments 3/26/2019SenateSenate Floor Amendment No. 2 Assignments Refers to Transportation 4/3/2019SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Martin A. Sandoval 4/3/2019SenateSenate Floor Amendment No. 3 Referred to Assignments 4/4/2019SenateSenate Floor Amendment No. 2 Postponed - Transportation 4/4/2019SenateSenate Floor Amendment No. 3 Assignments Refers to Transportation 4/9/2019SenateSecond Reading 4/9/2019SenatePlaced on Calendar Order of 3rd Reading April 10, 2019 4/9/2019SenateSenate Floor Amendment No. 2 Recommend Do Adopt Transportation; 012-003-000 4/9/2019SenateSenate Floor Amendment No. 3 Recommend Do Adopt Transportation; 012-003-000 4/11/2019SenateAdded as Co-Sponsor Sen. Napoleon Harris, III 4/11/2019SenateChief Sponsor Changed to Sen. Ram Villivalam 4/12/2019SenateRule 2-10 Third Reading Deadline Established As May 2, 2019 5/1/2019SenateAdded as Co-Sponsor Sen. Martin A. Sandoval 5/1/2019SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins 5/1/2019SenateRecalled to Second Reading 5/1/2019SenateSenate Floor Amendment No. 2 Adopted; Sandoval 5/1/2019SenateSenate Floor Amendment No. 3 Adopted; Sandoval 5/1/2019SenatePlaced on Calendar Order of 3rd Reading 5/1/2019SenateThird Reading - Passed; 035-017-000 5/1/2019HouseArrived in House 5/1/2019HouseChief House Sponsor Rep. Camille Y. Lilly 5/2/2019HouseFirst Reading 5/2/2019HouseReferred to Rules Committee 5/7/2019HouseAssigned to State Government Administration Committee 5/7/2019HouseAdded Alternate Co-Sponsor Rep. Barbara Hernandez 5/8/2019HouseAdded Alternate Co-Sponsor Rep. Lamont J. Robinson, Jr. 5/8/2019HouseAdded Alternate Co-Sponsor Rep. Rita Mayfield 5/9/2019HouseAdded Alternate Co-Sponsor Rep. Justin Slaughter 5/9/2019HouseAdded Alternate Co-Sponsor Rep. Will Guzzardi 5/9/2019HouseAdded Alternate Co-Sponsor Rep. William Davis 5/9/2019HouseAdded Alternate Co-Sponsor Rep. Kathleen Willis 5/9/2019HouseAdded Alternate Co-Sponsor Rep. Marcus C. Evans, Jr. 5/10/2019HouseRule 19(a) / Re-referred to Rules Committee 5/14/2019HouseAssigned to State Government Administration Committee 5/14/2019HouseFinal Action Deadline Extended-9(b) May 31, 2019 5/14/2019HouseMotion Filed to Suspend Rule 21 State Government Administration Committee; Rep. Gregory Harris 5/14/2019HouseMotion to Suspend Rule 21 - Prevailed 5/15/2019HouseAdded Alternate Co-Sponsor Rep. Kelly M. Cassidy 5/15/2019HouseDo Pass / Short Debate State Government Administration Committee; 007-003-000 5/16/2019HousePlaced on Calendar 2nd Reading - Short Debate 5/22/2019HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Camille Y. Lilly 5/22/2019HouseHouse Floor Amendment No. 1 Referred to Rules Committee 5/22/2019HouseSecond Reading - Short Debate 5/22/2019HouseAdded Alternate Co-Sponsor Rep. Theresa Mah 5/22/2019HouseHeld on Calendar Order of Second Reading - Short Debate 5/23/2019HouseHouse Floor Amendment No. 1 Rules Refers to State Government Administration Committee 5/24/2019HouseHouse Floor Amendment No. 1 Recommends Be Adopted State Government Administration Committee; 010-000-000 5/26/2019HouseAdded Alternate Co-Sponsor Rep. Elizabeth Hernandez 5/26/2019HouseHouse Floor Amendment No. 1 Fiscal Note Requested as Amended by Rep. Tom Demmer 5/27/2019HouseHouse Floor Amendment No. 1 Fiscal Note Filed as Amended 5/28/2019HouseHouse Floor Amendment No. 1 Adopted 5/28/2019HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/28/2019HouseThird Reading - Short Debate - Passed 101-014-000 5/28/2019HouseAdded Alternate Chief Co-Sponsor Rep. Lamont J. Robinson, Jr. 5/28/2019HouseAlternate Co-Sponsor Removed Rep. Lamont J. Robinson, Jr. 5/28/2019SenateSecretary's Desk - Concurrence House Amendment(s) 1 5/28/2019SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 29, 2019 5/29/2019SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Ram Villivalam 5/29/2019SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments 5/29/2019SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to Transportation 5/30/2019SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Transportation; 013-006-000 5/30/2019SenateHouse Floor Amendment No. 1 Senate Concurs 038-017-000 5/30/2019SenateSenate Concurs 5/30/2019SenatePassed Both Houses 6/28/2019SenateSent to the Governor 8/23/2019SenateGovernor Approved 8/23/2019SenateEffective Date January 1, 2020 8/23/2019SenatePublic Act . . . . . . . . . 101-0524