IllinoisHB1224104th General Assembly (2025–2026)HouseWALLET

GOVT CONTRACT RETAINAGE

Sponsored By: William "Will" Davis (Democratic)

Became Law

state government administrationassignmentsexecutive

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 1 costs, 0 mixed.

More public contracts must be bonded

Starting June 1, 2027, most State and local public works over $150,000 must have a surety bond. In that same period, Transportation and the Toll Highway Authority require bonds only on contracts over $500,000. On and after January 1, 2029, every public works contract over $50,000 must be bonded. Bonds must be from an Illinois‑licensed insurer rated A or higher and must cover completion and payment to workers and suppliers.

Lower retainage and clearer progress rules

Starting June 1, 2027, retainage is capped at 10% before 50% completion and 5% after that. Agencies may hold retainage only when progress is not satisfactory, as defined in the contract, and this applies to contracts signed on or after June 1, 2027. Contractors can withhold from a subcontractor only up to the amount the agency held for that subcontractor. These limits apply to bonded work. The 10%/5% cap does not apply to the Transportation Department, and the attribution rule does not apply to the Toll Highway Authority.

Letters of credit and emergency bond relief

Starting June 1, 2027, local governments may accept a non‑diminishing bank letter of credit instead of a bond on contracts under $100,000 when no State, federal‑aid, or motor fuel tax funds are used. Any letter of credit must include the same protections as a bond. The Transportation Department may run a five‑year pilot letting low‑risk projects under $500,000 use a bank letter of credit. For emergency repairs under the Procurement Code, contractors may show proof of payment instead of a bond. Also, State construction contractors cannot be forced to post extra cash bonds or letters of credit on top of the required surety bond, unless an allowed exception applies.

More transparency and payment protection for subs

Starting June 1, 2027, Transportation and the Toll Highway Authority must publish key contract facts. They show defaults, award and adjusted values, unpaid amounts, bidder lists and bid amounts, surety names, payment claim totals, and each contractor’s annual State‑contract revenue for each project. Also, every required bond is deemed to cover payment to subcontractors and suppliers when valid claims are not paid from the contract price after final settlement.

Sponsors & Cosponsors

Sponsor

  • William "Will" Davis

    Democratic • House

Cosponsors

  • Dagmara Avelar

    Democratic • House

  • Diane Blair-Sherlock

    Democratic • House

  • Harry Benton

    Democratic • House

  • La Shawn K. Ford

    Democratic • House

  • Lakesia Collins

    Democratic • Senate

  • Laura M. Murphy

    Democratic • Senate

  • Matt Hanson

    Democratic • House

  • Mattie Hunter

    Democratic • Senate

  • Napoleon Harris, III

    Democratic • Senate

  • Nicholas K. Smith

    Democratic • House

  • Rita Mayfield

    Democratic • House

  • Willie Preston

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 429 • No: 133

House vote 6/1/2025

Senate Floor Amendment No. 3 House Concurs

Yes: 86 • No: 28

House vote 6/1/2025

Senate Committee Amendment No. 1 House Concurs

Yes: 86 • No: 28

House vote 5/31/2025

Senate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Rules Committee;

Yes: 5 • No: 0

House vote 5/31/2025

Motion Prevailed to Suspend Rule

Yes: 73 • No: 39

Senate vote 5/31/2025

Third Reading - Passed;

Yes: 56 • No: 0

House vote 5/31/2025

Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee;

Yes: 5 • No: 0

Senate vote 5/30/2025

Senate Floor Amendment No. 3 Recommend Do Adopt Executive;

Yes: 12 • No: 0

Senate vote 5/28/2025

Do Pass as Amended Executive;

Yes: 13 • No: 0

House vote 4/9/2025

Third Reading - Short Debate - Passed

Yes: 79 • No: 35

House vote 4/7/2025

House Floor Amendment No. 3 Recommends Be Adopted State Government Administration Committee;

Yes: 5 • No: 3

House vote 2/19/2025

Do Pass / Short Debate State Government Administration Committee;

Yes: 9 • No: 0

Actions Timeline

  1. Public Act . . . . . . . . . 104-0168

    8/15/2025House
  2. Effective Date June 1, 2027

    8/15/2025House
  3. Governor Approved

    8/15/2025House
  4. Sent to the Governor

    6/24/2025House
  5. Added as Alternate Co-Sponsor Sen. Laura M. Murphy

    6/1/2025Senate
  6. Passed Both Houses

    6/1/2025House
  7. House Concurs

    6/1/2025House
  8. Senate Floor Amendment No. 3 House Concurs 086-028-000

    6/1/2025House
  9. Senate Committee Amendment No. 1 House Concurs 086-028-000

    6/1/2025House
  10. Motion Prevailed to Suspend Rule 073-039-000

    5/31/2025House
  11. Motion Filed to Suspend House Rule(s) for Immediate Consideration Rep. Bob Morgan

    5/31/2025House
  12. Senate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000

    5/31/2025House
  13. Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000

    5/31/2025House
  14. Senate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee

    5/31/2025House
  15. Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee

    5/31/2025House
  16. Senate Floor Amendment No. 3 Motion Filed Concur Rep. William "Will" Davis

    5/31/2025House
  17. Senate Committee Amendment No. 1 Motion Filed Concur Rep. William "Will" Davis

    5/31/2025House
  18. Added as Alternate Co-Sponsor Sen. Napoleon Harris, III

    5/31/2025Senate
  19. Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 3

    5/31/2025House
  20. Arrived in House

    5/31/2025House
  21. Alternate Chief Co-Sponsor Changed to Sen. Mattie Hunter

    5/31/2025Senate
  22. Alternate Chief Co-Sponsor Changed to Sen. Lakesia Collins

    5/31/2025Senate
  23. Added as Alternate Chief Co-Sponsor Sen. Lakesia Collins

    5/31/2025Senate
  24. Added as Alternate Chief Co-Sponsor Sen. Mattie Hunter

    5/31/2025Senate
  25. Senate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)

    5/31/2025Senate

Bill Text

  • Engrossed

  • Enrolled

  • House Amendment 1

  • House Amendment 2

  • House Amendment 3

  • Introduced

  • Senate Amendment 1

  • Senate Amendment 2

  • Senate Amendment 3

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