Legislative Update
(c) 2001 Elias M. Gordan. All Rights Reserved
(1 June 2001, rev. 9 Sept 2001) This year, the Illinois and Indiana Legislatures considered a total of nearly 7000 bills, 5100 in the Illinois Legislature, and 1800 in the Indiana Legislature (the Indiana Legislature is a part-time Legislature, and, by law, must wrap up their proceedings by May 1). On the Indiana side, bills had to be on their way to the Governor by 30 April, or die, while on the Illinois side, the legislative session is wrapping up, and short of "hot-ticket" items, if it's not on the Governor's desk by now, it's probably a dead duck. While one may not want to watch legislation being made, tracking the bills is akin to watching the popular television show "Survivor", with some bills getting to stay, and some bills being booted off to oblivion (aka as "committee"). A short list of the survivors and casualties, and hotlinks to the synopses and text of the "Survivors":
ILLINOIS SURVIVORS
Allows for subcontractor trust accounts on IDOT projects, when the subcontractor's retainage, or the withheld amount under the subcontract, is expected to equal or exceed $20,000. NOW LAW - Public Act 92-0270
Gives State and local authorities authority to assess parties with facilities (pipes, utility lines, rails, poles, tracks, ditches, drains, or other equipment) along public highways, if the facilities are not moved after 90 days notice. Assessments are chargeable as liquidated damages of up to $500/day. Requires IDOT and counties to establish utility coordination councils. Passed both houses, on Governor's desk.
To contact your Illinois State Legislator, click here.
Illinois casualties include:
HB 778 (Lowest Bidder Compliance Requirements), HB 852 (Second Lowest Bidder Protection Act) , HB 3058 (Uniform Computer Information Transactions Act)(but expect it to resurface in future sessions), SB 773 (limiting JULIE liability in the event of utility hits), HB 396 (Adjacent Landowner Excavation Protection Act), HB 811(Building and Construction Contract Act - providing that a provision in a construction contract, making the contract subject to the laws of another state, or requiring litigation, arbitration, or dispute resolution to take place in another state, would be void and unenforceable).
Soon to be a casualty:
HB158 (Structural Work Act of 2001). Passed the Democratic Illinois House, but DOA in the Republican Illinois Senate. Bill would resurrect the Scaffolding Act repealed by the Republicans in 1995.
INDIANA SURVIVORS
Sewer/water district bidding. Signed into law 4/18/01, Enrolled Act 1211, Indiana Code 36-1-12-4. Requires competitive bids by regional water or sewage districts on public works projects, if the cost of the project is at least $75,000.
Home improvement contracts. Signed into law, Enrolled Act 1230, Indiana Code 24-5-11-10. Imposes special requirements on home improvement contracts involving consumers, where the home improvement is related to repairs of insurance damages.
Licensing of soil scientists. (see our 1/19/01, 3/17/01 posts) Passed by both House and Senate, awaiting signature into law by the Governor.
INDIANA CASUALTY
No lien contracts for religious, charitable projects. (see our 3/2/01, 3/30/01 post) Did not make it out of the IN Senate. Our office was quoted in a recent Indiana Lawyer article, discussing the impact that this bill would have had on contractors.
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