Bill Status of SB 330   95th General Assembly

Short Description:  MECHANICS LIEN-RENTAL

Senate Sponsors
Sen. Carole Pankau-Chris Lauzen-Dan Cronin

House Sponsors
(Rep. Lou Lang)


Last Action  View All Actions

DateChamber Action
  8/17/2007SenatePublic Act . . . . . . . . . 95-0274

Statutes Amended In Order of Appearance
770 ILCS 60/1.2 new

Synopsis As Introduced
Amends the Mechanics Lien Act. Provides that a person who would be entitled to a lien for furnishing materials or equipment for the construction upon or improvement to real property shall be entitled to a lien for the rental of materials or equipment used in that construction or improvement. Effective immediately.

Senate Committee Amendment No. 4
Adds reference to:
770 ILCS 60/23from Ch. 82, par. 23

Deletes everything after the enacting clause. Amends the Mechanics Lien Act. Provides that any person who leases construction equipment to another for use in the process of constructing an improvement to real estate, has a lien for the rental value of the construction equipment to the same extent and in the same manner as provided in the Mechanics Lien Act for other liens. Provides that rental equipment liens shall apply only if, and to the extent that, the equipment is used on or about the site of the improvement. Provides that the rental equipment liens shall not apply if the improvement is to a single family residence or a multi-family residence with fewer than 12 units in a single building. 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 funds against which no voucher or other evidence of indebtedness has been delivered to the contractor. Provides that a claim notice 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 later, 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. Makes other changes. Effective immediately.

Senate Floor Amendment No. 5
Provides that a contractor or subcontractor who leases construction equipment for use in constructing a specific improvement (instead of an improvement) to real estate has a lien for the rental value of the equipment to the same extent and in the same manner as for other liens. Provides that the lien applies only to the extent that the equipment is used on or about the site of the improvement (instead of to the extent that the equipment is used on or about the site of the improvement or is used to haul materials to or from the site).

Actions 
DateChamber Action
  2/7/2007SenateFiled with Secretary by Sen. Carole Pankau
  2/7/2007SenateFirst Reading
  2/7/2007SenateReferred to Rules
  2/21/2007SenateAssigned to Judiciary Civil Law
  3/1/2007SenateHeld in Judiciary Civil Law
  3/8/2007SenateHeld in Judiciary Civil Law
  3/8/2007SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Carole Pankau
  3/8/2007SenateSenate Committee Amendment No. 1 Referred to Rules
  3/8/2007SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton
  3/8/2007SenateSenate Committee Amendment No. 2 Referred to Rules
  3/9/2007SenateSenate Committee Amendment No. 3 Filed with Secretary by Sen. Carole Pankau
  3/9/2007SenateSenate Committee Amendment No. 3 Referred to Rules
  3/13/2007SenateSenate Committee Amendment No. 4 Filed with Secretary by Sen. Carole Pankau
  3/13/2007SenateSenate Committee Amendment No. 4 Referred to Rules
  3/13/2007SenateSenate Committee Amendment No. 4 Rules Refers to Judiciary Civil Law
  3/13/2007SenateAdded as Chief Co-Sponsor Sen. Chris Lauzen
  3/13/2007SenateSenate Committee Amendment No. 4 Adopted
  3/14/2007SenateDo Pass as Amended Judiciary Civil Law; 006-000-002
  3/14/2007SenatePlaced on Calendar Order of 2nd Reading March 15, 2007
  3/14/2007SenateAdded as Co-Sponsor Sen. Dan Cronin
  3/20/2007SenateSecond Reading
  3/20/2007SenatePlaced on Calendar Order of 3rd Reading March 21, 2007
  3/20/2007SenateAdded as Chief Co-Sponsor Sen. Dan Cronin
  3/22/2007SenateSenate Floor Amendment No. 5 Filed with Secretary by Sen. Carole Pankau
  3/22/2007SenateSenate Floor Amendment No. 5 Referred to Rules
  3/27/2007SenateSenate Floor Amendment No. 5 Rules Refers to Judiciary Civil Law
  3/28/2007SenateSenate Floor Amendment No. 5 Recommend Do Adopt Judiciary Civil Law; 007-000-000
  3/29/2007SenateRecalled to Second Reading
  3/29/2007SenateSenate Floor Amendment No. 5 Adopted; Pankau
  3/29/2007SenatePlaced on Calendar Order of 3rd Reading
  3/29/2007SenateThird Reading - Passed; 049-005-000
  3/29/2007SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  3/29/2007SenateSenate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  3/29/2007SenateSenate Committee Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
  3/30/2007HouseArrived in House
  3/30/2007HousePlaced on Calendar Order of First Reading
  4/5/2007HouseChief House Sponsor Rep. Lou Lang
  4/9/2007HouseFirst Reading
  4/9/2007HouseReferred to Rules Committee
  4/30/2007HouseAssigned to Judiciary I - Civil Law Committee
  5/8/2007HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 012-000-000
  5/9/2007HousePlaced on Calendar 2nd Reading - Short Debate
  5/21/2007HouseSecond Reading - Short Debate
  5/21/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/22/2007HouseThird Reading - Short Debate - Passed 098-015-001
  5/22/2007SenatePassed Both Houses
  6/20/2007SenateSent to the Governor
  8/17/2007SenateGovernor Approved
  8/17/2007SenateEffective Date August 17, 2007
  8/17/2007SenatePublic Act . . . . . . . . . 95-0274

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