Illinois General Assembly - Bill Status for HB3636
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 Bill Status of HB3636  97th General Assembly


Short Description:  MECH LIEN-FORFEITURE NOTICE

House Sponsors
Rep. Kelly Burke - Robert Rita - Michael P. McAuliffe, Carol A. Sente and Angelo Saviano

Senate Sponsors
(Sen. John G. Mulroe - Michael Noland - William Delgado, M. Maggie Crotty, Mattie Hunter, Iris Y. Martinez and Martin A. Sandoval)

Last Action
DateChamber Action
  2/11/2013HousePublic Act . . . . . . . . . 97-1165

Statutes Amended In Order of Appearance
770 ILCS 60/34from Ch. 82, par. 34


Synopsis As Introduced
Amends the Illinois Mechanics Lien Act. Adds, to the provisions concerning a written demand by an owner of real estate to a mechanics lienholder stating that the lienholder must file suit within 30 days or the lien is forfeited, the requirement that this express warning be included in the written demand: the failure to respond to the notice within 30 days after receipt of the notice results in forfeiture of the lien.

Senate Floor Amendment No. 2
Adds reference to:
770 ILCS 60/16from Ch. 82, par. 16

Further amends the Mechanics Lien Act. Describes "lien creditor". Provides that upon any questions arising between incumbrancers and lien creditors, all previous incumbrances shall be preferred only to the extent of the value of the land at the time of making of the contract for improvements (instead of preferred to the extent of the value of the land) but shall not be preferred to the value of any subsequent improvements at the time of making of the contract (instead of preferred to the extent of the value of the land), and each lien creditor shall be preferred to the value of all subsequent improvements erected on the premises, whether or not provided by the lien creditor (instead of preferred to the value of the improvements erected on said premises), and the court shall ascertain what proportion of the proceeds of any sale shall be paid to the parties in interest. Provides that when the sale proceeds are insufficient to satisfy claims of both prior incumbrancers and lien creditors, the sale proceeds shall be distributed in this manner: any previous incumbrancer has a paramount lien in the portion of the proceeds attributable to the value of the land at the time of making of the contract for improvements; and any lien creditors have a paramount lien in the portion of the proceeds attributable to all subsequent improvements made to the property. Effective immediately.

Actions 
DateChamber Action
  2/24/2011HouseFiled with the Clerk by Rep. Chapin Rose
  2/24/2011HouseFirst Reading
  2/24/2011HouseReferred to Rules Committee
  3/3/2011HouseAssigned to Judiciary I - Civil Law Committee
  3/11/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Chapin Rose
  3/11/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/16/2011HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 011-000-000
  3/16/2011HousePlaced on Calendar 2nd Reading - Short Debate
  3/16/2011HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/29/2011HouseAdded Co-Sponsor Rep. Roger L. Eddy
  3/29/2011HouseRemoved Co-Sponsor Rep. Roger L. Eddy
  4/13/2011HouseSecond Reading - Short Debate
  4/13/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/14/2011HouseThird Reading - Short Debate - Passed 114-000-002
  4/14/2011SenateArrive in Senate
  4/14/2011SenatePlaced on Calendar Order of First Reading April 15, 2011
  4/14/2011SenateChief Senate Sponsor Sen. Wm. Sam McCann
  4/15/2011SenateFirst Reading
  4/15/2011SenateReferred to Assignments
  4/27/2011SenateAssigned to Judiciary
  5/5/2011SenatePostponed - Judiciary
  5/6/2011SenateAlternate Chief Sponsor Changed to Sen. John G. Mulroe
  5/10/2011SenateDo Pass Judiciary; 008-000-000
  5/10/2011SenatePlaced on Calendar Order of 2nd Reading May 11, 2011
  5/12/2011SenateAdded as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff
  5/13/2011SenateAdded as Alternate Chief Co-Sponsor Sen. Michael Noland
  5/17/2011SenateSecond Reading
  5/17/2011SenatePlaced on Calendar Order of 3rd Reading May 18, 2011
  5/17/2011SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. John G. Mulroe
  5/17/2011SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/21/2011SenateSenate Floor Amendment No. 1 Pursuant to Senate Rule 3-8(b-1) - Referred to Judiciary
  5/22/2011SenateSenate Floor Amendment No. 1 Postponed - Judiciary
  5/25/2011SenateSenate Floor Amendment No. 1 Held in Judiciary
  5/27/2011SenateAdded as Alternate Co-Sponsor Sen. M. Maggie Crotty
  7/23/2011SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  7/23/2011SenateSenate Floor Amendment No. 1 Re-referred to Assignments; Pursuant to Senate Rule 3-9(b)
  2/8/2012SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  2/15/2012SenateAdded as Alternate Chief Co-Sponsor Sen. William Delgado
  2/22/2012SenateApproved for Consideration Assignments
  2/22/2012SenatePlaced on Calendar Order of 3rd Reading February 23, 2012
  2/22/2012SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. John G. Mulroe
  2/22/2012SenateSenate Floor Amendment No. 2 Referred to Assignments
  2/27/2012SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  2/28/2012SenateSenate Floor Amendment No. 2 Held in Judiciary
  2/29/2012SenateAdded as Alternate Co-Sponsor Sen. Iris Y. Martinez
  3/6/2012SenateAdded as Alternate Co-Sponsor Sen. Larry K. Bomke
  3/7/2012SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 006-000-001
  3/23/2012SenateSponsor Removed Sen. Larry K. Bomke
  3/23/2012SenateSponsor Removed Sen. Pamela J. Althoff
  3/23/2012SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  3/29/2012SenateRecalled to Second Reading
  3/29/2012SenateSenate Floor Amendment No. 2 Adopted; Mulroe
  3/29/2012SenatePlaced on Calendar Order of 3rd Reading
  3/29/2012SenateThird Reading - Passed; 034-010-005
  3/29/2012SenateSenate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  3/29/2012HouseArrived in House
  3/29/2012HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
  3/30/2012HouseAdded Chief Co-Sponsor Rep. Robert Rita
  5/8/2012HouseChief Sponsor Changed to Rep. Kelly Burke
  5/8/2012HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Kelly Burke
  5/8/2012HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/9/2012HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Judiciary I - Civil Law Committee
  7/27/2012HouseRule 19(b) / Re-referred to Rules Committee
  7/27/2012HouseSenate Floor Amendment No. 2 Rule 19(b) / Motion Referred to Rules Committee
  12/3/2012HouseApproved for Consideration Rules Committee; 004-000-000
  12/3/2012HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
  12/3/2012HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee
  12/4/2012HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary I - Civil Law Committee; 006-002-003
  12/13/2012HouseAdded Co-Sponsor Rep. Carol A. Sente
  12/26/2012HouseAdded Co-Sponsor Rep. Angelo Saviano
  1/7/2013HouseAdded Chief Co-Sponsor Rep. Michael P. McAuliffe
  1/7/2013HouseChief Co-Sponsor Changed to Rep. Michael P. McAuliffe
  1/7/2013HouseSenate Floor Amendment No. 2 House Concurs 060-044-009
  1/7/2013HouseHouse Concurs
  1/7/2013HousePassed Both Houses
  1/11/2013HouseSent to the Governor
  2/11/2013HouseGovernor Approved
  2/11/2013HouseEffective Date February 11, 2013
  2/11/2013HousePublic Act . . . . . . . . . 97-1165

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