Bill Status of SB 3023   98th General Assembly

Short Description:  MECHANICS LIENS-SUBORDINATION

Senate Sponsors
Sen. John G. Mulroe-Linda Holmes

House Sponsors
(Rep. Kelly Burke-Anthony DeLuca-Carol A. Sente)


Last Action  View All Actions

DateChamber Action
  7/16/2014SenatePublic Act . . . . . . . . . 98-0764

Statutes Amended In Order of Appearance
770 ILCS 60/1from Ch. 82, par. 1
770 ILCS 60/21from Ch. 82, par. 21

Synopsis As Introduced
Amends the Mechanics Lien Act. Provides that an agreement to subordinate a lien under the Act where the agreement is in anticipation of and in consideration for the awarding of a contract or subcontract, either express or implied, to perform work or supply materials for an improvement upon real property is against public policy and unenforceable. Deletes language providing that certain subordination provisions of contracts is not binding on the subcontractor unless set forth in its entirety in writing in the contract between the contractor and subcontractor or material supplier. Makes corresponding changes.

Senate Floor Amendment No. 3
Provides that language barring certain agreements does not prohibit an agreement to subordinate a mechanics lien to a mortgage lien that secures a construction loan if that agreement is made after more than 50% of the loan has been disbursed to fund improvements to the property. Provides that provisions governing contracts between the owner and contractor also apply to a contractor and subcontractor. Deletes language providing that the only admissible evidence of specified conditions of a contract as against a subcontractor or material supplier shall be proof of actual notice thereof to him or her before his or her contract is entered into. Makes corresponding changes. Adds an immediate effective date.

Actions 
DateChamber Action
  2/7/2014SenateFiled with Secretary by Sen. John G. Mulroe
  2/7/2014SenateFirst Reading
  2/7/2014SenateReferred to Assignments
  2/18/2014SenateAdded as Chief Co-Sponsor Sen. Linda Holmes
  2/19/2014SenateAssigned to Judiciary
  2/26/2014SenatePostponed - Judiciary
  3/5/2014SenateDo Pass Judiciary; 008-002-001
  3/5/2014SenatePlaced on Calendar Order of 2nd Reading March 6, 2014
  3/27/2014SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. John G. Mulroe
  3/27/2014SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/1/2014SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  4/2/2014SenateSenate Floor Amendment No. 1 Postponed - Judiciary
  4/4/2014SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. John G. Mulroe
  4/4/2014SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/4/2014SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. John G. Mulroe
  4/4/2014SenateSenate Floor Amendment No. 3 Referred to Assignments
  4/7/2014SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  4/7/2014SenateSenate Floor Amendment No. 3 Assignments Refers to Judiciary
  4/8/2014SenateSenate Floor Amendment No. 1 Postponed - Judiciary
  4/8/2014SenateSenate Floor Amendment No. 2 Postponed - Judiciary
  4/8/2014SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary; 011-000-000
  4/8/2014SenateSecond Reading
  4/8/2014SenateSenate Floor Amendment No. 3 Adopted; Mulroe
  4/8/2014SenatePlaced on Calendar Order of 3rd Reading April 9, 2014
  4/9/2014SenateThird Reading - Passed; 059-000-000
  4/9/2014SenateSenate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  4/9/2014SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  4/10/2014HouseArrived in House
  4/10/2014HouseChief House Sponsor Rep. Kelly Burke
  4/10/2014HouseFirst Reading
  4/10/2014HouseReferred to Rules Committee
  4/28/2014HouseAssigned to Judiciary
  5/7/2014HouseDo Pass / Short Debate Judiciary; 015-000-000
  5/7/2014HousePlaced on Calendar 2nd Reading - Short Debate
  5/13/2014HouseSecond Reading - Short Debate
  5/13/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/13/2014HouseAdded Alternate Chief Co-Sponsor Rep. Anthony DeLuca
  5/20/2014HouseThird Reading - Short Debate - Passed 116-000-000
  5/20/2014SenatePassed Both Houses
  5/20/2014HouseAdded Alternate Chief Co-Sponsor Rep. Carol A. Sente
  6/18/2014SenateSent to the Governor
  7/16/2014SenateGovernor Approved
  7/16/2014SenateEffective Date July 16, 2014
  7/16/2014SenatePublic Act . . . . . . . . . 98-0764

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