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 Bill Status of HB0830  95th General Assembly


Short Description:  MECH LIEN - NO CONT BREACH DEF

House Sponsors
Rep. Sidney H. Mathias

Senate Sponsors
(Sen. John J. Cullerton )

Last Action
DateChamber Action
  8/27/2007HousePublic Act . . . . . . . . . 95-0480

Statutes Amended In Order of Appearance
770 ILCS 60/21from Ch. 82, par. 21


Synopsis As Introduced
Amends the Mechanic's Lien Act. Provides that in a breach of contract action (at present, only in actions for payment of a claim under the Mechanics Lien Act) a provision in a contract that conditions a payment to a contractor or subcontractor on payment by another party is not a defense. Effective immediately.

House Committee Amendment No. 1
Deletes reference to:
770 ILCS 60/21
Adds reference to:
770 ILCS 60/23from Ch. 82, par. 23

Replaces everything after the enacting clause. Further amends the Mechanics Lien Act. Provides that any person furnishing labor, services, material, fixtures, apparatus or machinery, form or form work (rather than material, apparatus, fixtures, machinery, or labor) to any contractor having a contract for a public improvement for a governmental entity shall have a lien for the balance thereof on money, bonds, or warrants due to the contractor. Provides that the governmental entities included are the State and any county, township, school district, city, municipality, municipal corporation, unit of local government, entity organized under the Intergovernmental Cooperation Act, or a not-for-profit corporation controlled by one or more units of local government (instead of the State and any county, township, school district, city, municipality, or municipal corporation). Provides that the lien attaches only to the money, bonds, or warrants against which no voucher or other evidence of indebtedness has been issued. Provides that a written notice of claim for lien shall contain a sworn statement identifying the contract, work done, and total due (instead of written notice). Provides that if a claim suit is dismissed, the lien shall terminate 30 days after the dismissal, but nothing prevents a public body from paying a lien claim within 30 days after dismissal under certain conditions. Provides that unless the contract with the public body otherwise provides, no lien for material shall be defeated because of a lack of proof that delivered material actually entered into the construction of the improvement when concrete, cement, or like material is used. Effective immediately.

Senate Committee Amendment No. 1
Deletes reference to:
770 ILCS 60/23from Ch. 82, par. 23
Adds reference to:
815 ILCS 160/2from Ch. 17, par. 7102

Replaces everything after the enacting clause. Contains a provision concerning the intent and applicability of the amendatory Act. Amends the Credit Agreements Act. Provides that actions by debtors that arise out of conduct intended to unjustly benefit the creditor or a third party are not barred by certain provisions. Effective immediately.

Senate Floor Amendment No. 7
Deletes reference to:
815 ILCS 160/2
Adds reference to:
735 ILCS 5/8-2001from Ch. 110, par. 8-2001
SB 472, 95th G.A., Sec. 99

Replaces everything after the enacting clause. Provides that the Code of Civil Procedure is amended, if and only if Senate Bill 472 of the 95th General Assembly becomes law, by making changes regarding fees for health care records in electronic form, and explanations when records can not be provided electronically. (These changes are effective January 1, 2008.) Provides that Senate Bill 472 of the 95th General Assembly is amended, if and only if that bill becomes law, by changing that bill's effective date so that the provisions amending the Inspection of Records Part of the Evidence Article of the Code of Civil Procedure are effective January 1, 2008. (These changes are effective immediately.)

Senate Floor Amendment No. 8
Adds reference to:
735 ILCS 5/8-2005

Provides that the Code of Civil Procedure is amended, if and only if Senate Bill 472 of the 95th General Assembly becomes law, by making changes regarding fees for attorneys' records in electronic form, and explanations when records can not be provided electronically. These changes are effective January 1, 2008.

Actions 
DateChamber Action
  2/7/2007HouseFiled with the Clerk by Rep. Timothy L. Schmitz
  2/7/2007HouseFirst Reading
  2/7/2007HouseReferred to Rules Committee
  2/15/2007HouseAssigned to Judiciary I - Civil Law Committee
  3/14/2007HouseChief Sponsor Changed to Rep. Sidney H. Mathias
  3/21/2007HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  3/21/2007HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  3/21/2007HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 014-000-000
  3/21/2007HousePlaced on Calendar 2nd Reading - Short Debate
  3/27/2007HouseSecond Reading - Short Debate
  3/27/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/28/2007HouseThird Reading - Short Debate - Passed 083-033-000
  3/29/2007SenateArrive in Senate
  3/29/2007SenatePlaced on Calendar Order of First Reading March 30, 2007
  3/30/2007SenateChief Senate Sponsor Sen. Carole Pankau
  4/20/2007SenateFirst Reading
  4/20/2007SenateReferred to Rules
  5/3/2007SenateAssigned to Judiciary Civil Law
  5/8/2007SenateAlternate Chief Sponsor Changed to Sen. John J. Cullerton
  5/9/2007SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton
  5/9/2007SenateSenate Committee Amendment No. 1 Referred to Rules
  5/9/2007SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary Civil Law
  5/15/2007SenateSenate Committee Amendment No. 1 Adopted
  5/15/2007SenateDo Pass as Amended Judiciary Civil Law; 006-000-000
  5/15/2007SenatePlaced on Calendar Order of 2nd Reading May 16, 2007
  5/15/2007SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton
  5/15/2007SenateSenate Floor Amendment No. 2 Referred to Rules
  5/16/2007SenateSecond Reading
  5/16/2007SenatePlaced on Calendar Order of 3rd Reading May 17, 2007
  5/16/2007SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. John J. Cullerton
  5/16/2007SenateSenate Floor Amendment No. 3 Referred to Rules
  5/16/2007SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. John J. Cullerton
  5/16/2007SenateSenate Floor Amendment No. 4 Referred to Rules
  5/17/2007SenateSenate Floor Amendment No. 5 Filed with Secretary by Sen. John J. Cullerton
  5/17/2007SenateSenate Floor Amendment No. 5 Referred to Rules
  5/17/2007SenateSenate Floor Amendment No. 5 Rules Refers to Judiciary Civil Law
  5/18/2007SenateSenate Floor Amendment No. 5 Recommend Do Adopt Judiciary Civil Law; 006-002-002
  5/22/2007SenateSenate Floor Amendment No. 6 Filed with Secretary by Sen. John J. Cullerton
  5/22/2007SenateSenate Floor Amendment No. 6 Referred to Rules
  5/23/2007SenateSenate Floor Amendment No. 6 Rules Refers to Judiciary Civil Law
  5/24/2007SenateSenate Floor Amendment No. 6 Recommend Do Adopt Judiciary Civil Law; 006-000-003
  5/25/2007SenateRule 2-10 Third Reading Deadline Established As May 31, 2007
  5/31/2007SenateSenate Floor Amendment No. 7 Filed with Secretary by Sen. John J. Cullerton
  5/31/2007SenateSenate Floor Amendment No. 7 Referred to Rules
  5/31/2007SenateSenate Floor Amendment No. 7 Rules Refers to Judiciary Civil Law
  5/31/2007SenateSenate Floor Amendment No. 7 Recommend Do Adopt Judiciary Civil Law; 009-000-001
  5/31/2007SenateRule 2-10 Third Reading Deadline Established As December 31, 2007
  6/1/2007SenateSenate Floor Amendment No. 8 Filed with Secretary by Sen. John J. Cullerton
  6/1/2007SenateSenate Floor Amendment No. 8 Referred to Rules
  6/5/2007SenateSenate Floor Amendment No. 8 Rules Refers to Judiciary Civil Law
  6/6/2007SenateSenate Floor Amendment No. 8 Recommend Do Adopt Judiciary Civil Law; 008-000-000
  6/6/2007SenateRecalled to Second Reading
  6/6/2007SenateSenate Floor Amendment No. 5 Tabled Cullerton
  6/6/2007SenateSenate Floor Amendment No. 6 Tabled Cullerton
  6/6/2007SenateSenate Floor Amendment No. 7 Adopted; Cullerton
  6/6/2007SenateSenate Floor Amendment No. 8 Adopted; Cullerton
  6/6/2007SenatePlaced on Calendar Order of 3rd Reading
  6/6/2007SenateThird Reading - Passed; 051-000-001
  6/6/2007SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  6/6/2007SenateSenate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
  6/6/2007SenateSenate Floor Amendment No. 4 Tabled Pursuant to Rule 5-4(a)
  6/7/2007HouseArrived in House
  6/7/2007HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1,7,8
  6/8/2007HouseFinal Action Deadline Extended-9(b) June 15, 2007
  6/13/2007HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Sidney H. Mathias
  6/13/2007HouseSenate Floor Amendment No. 7 Motion Filed Concur Rep. Sidney H. Mathias
  6/13/2007HouseSenate Floor Amendment No. 8 Motion Filed Concur Rep. Sidney H. Mathias
  6/13/2007HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  6/13/2007HouseSenate Floor Amendment No. 7 Motion to Concur Referred to Rules Committee
  6/13/2007HouseSenate Floor Amendment No. 8 Motion to Concur Referred to Rules Committee
  6/15/2007HouseFinal Action Deadline Extended-9(b) June 22, 2007
  6/22/2007HouseFinal Action Deadline Extended-9(b) June 30, 2007
  6/28/2007HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Judiciary I - Civil Law Committee
  6/28/2007HouseSenate Floor Amendment No. 7 Motion to Concur Referred to Judiciary I - Civil Law Committee
  6/28/2007HouseSenate Floor Amendment No. 8 Motion to Concur Referred to Judiciary I - Civil Law Committee
  6/30/2007HouseFinal Action Deadline Extended-9(b) July 31, 2007
  7/11/2007HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Judiciary I - Civil Law Committee; 009-001-000
  7/11/2007HouseSenate Floor Amendment No. 7 Motion to Concur Recommends be Adopted Judiciary I - Civil Law Committee; 009-001-000
  7/11/2007HouseSenate Floor Amendment No. 8 Motion to Concur Recommends be Adopted Judiciary I - Civil Law Committee; 009-001-000
  7/17/2007House3/5 Vote Required
  7/17/2007HouseSenate Committee Amendment No. 1 Motion to Concur Lost 056-041-003
  7/17/2007HouseSenate Floor Amendment No. 7 Motion to Concur Lost 056-041-003
  7/17/2007HouseSenate Floor Amendment No. 8 Motion to Concur Lost 056-041-003
  7/17/2007HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Sidney H. Mathias
  7/17/2007HouseSenate Floor Amendment No. 7 Motion Filed Concur Rep. Sidney H. Mathias
  7/17/2007HouseSenate Floor Amendment No. 8 Motion Filed Concur Rep. Sidney H. Mathias
  7/17/2007HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee; Motion #2
  7/17/2007HouseSenate Floor Amendment No. 7 Motion to Concur Referred to Rules Committee; Motion #2
  7/17/2007HouseSenate Floor Amendment No. 8 Motion to Concur Referred to Rules Committee; Motion #2
  7/18/2007HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000
  7/18/2007HouseSenate Floor Amendment No. 7 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000
  7/18/2007HouseSenate Floor Amendment No. 8 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000
  7/19/2007House3/5 Vote Required
  7/19/2007HouseSenate Committee Amendment No. 1 House Concurs 098-006-001; Motion #2
  7/19/2007HouseSenate Floor Amendment No. 7 House Concurs 098-006-001; Motion #2
  7/19/2007HouseSenate Floor Amendment No. 8 House Concurs 098-006-001; Motion #2
  7/19/2007HousePassed Both Houses
  8/17/2007HouseSent to the Governor
  8/27/2007HouseGovernor Approved
  8/27/2007HouseEffective Date August 27, 2007
  8/27/2007HousePublic Act . . . . . . . . . 95-0480

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