Bill Status of HB 2635   99th General Assembly

Short Description:  LIENS - SUBSTITUTION OF BOND

House Sponsors
Rep. Ron Sandack-Elaine Nekritz-Thomas M. Bennett

Senate Sponsors
(Sen. Don Harmon)


Last Action  View All Actions

DateChamber Action
  7/29/2015HousePublic Act . . . . . . . . . 99-0178

Statutes Amended In Order of Appearance
770 ILCS 60/38.1 new

Synopsis As Introduced
Amends the Mechanics Lien Act. Provides that an applicant may at any time file a petition to substitute a bond for the property subject to a lien claim under the Act with the clerk of the circuit court of the county in which the property against which the lien claim is asserted is located, or, if there is a pending action to enforce the lien claim, an applicant may timely apply to become a party to the pending action at any time before a final judgment is rendered and file a petition to substitute a bond for the property subject to the lien claim in the pending action. Defines terms. Contains notice and procedural requirements; a statement of legislative intent; and language limiting the applicability of the new provisions.

House Floor Amendment No. 1
Replaces everything after the enacting clause with provisions substantially similar to those contained in the bill as introduced, amending the Mechanics Lien Act, but with changes that include the following: (1) makes changes to the definition of the term "eligible surety bond" and provides that an "eligible surety bond" shall be in an amount equal to 175% (instead of 150%) of the amount of the lien claim; (2) makes a change to the definition of the term "lien claim"; (3) adds a definition of the term "prevailing party"; (4) removes language permitting an applicant to file a petition to substitute a bond for property subject to a lien claim at any time prior to 5 months after the filing of a complaint or counterclaim by a mechanic lien claimant, and instead provides that an applicant may file a petition to substitute a bond for property subject to a lien claim; (5) adds provisions concerning the time within which a person may apply to become a party to a pending action to enforce a lien claim; (6) removes a provision concerning notice by certified mail; (7) removes a provision setting forth circumstances under which a principal or lien claimant under a surety bond may petition the court to have the current owner or other party having an interest in the real estate who is not a principal or surety of the eligible surety bond dismissed from a pending proceeding to enforce a lien claim; (8) removes a provision concerning attorney fees covered by the surety bond; (9) adds provisions limiting attorney's fees.

Senate Committee Amendment No. 1
Deletes a limitation regarding time within which certain bond payments are to be made. Provides that a "lien claim" does not include interest or attorney's fees. Provides that a recovery of at least 75% of the amount of the lien claim is required before a lien claimant is a "prevailing party" and that a recovery of less than 25% of the amount of the claim is required before a principal on a bond is a "prevailing party". Limits the time within which a petition to substitute a bond for property subject to a lien claim may be filed. Provides that an action under the new provisions does not preclude a claimant from bringing any other actions that do not arise under the Mechanics Lien Act. Makes other changes.

Actions 
DateChamber Action
  2/19/2015HouseFiled with the Clerk by Rep. Ron Sandack
  2/19/2015HouseFirst Reading
  2/19/2015HouseReferred to Rules Committee
  2/19/2015HouseAdded Chief Co-Sponsor Rep. Elaine Nekritz
  3/2/2015HouseAssigned to Judiciary - Civil Committee
  3/4/2015HouseAdded Chief Co-Sponsor Rep. Thomas M. Bennett
  3/18/2015HouseDo Pass / Short Debate Judiciary - Civil Committee; 009-001-000
  3/18/2015HousePlaced on Calendar 2nd Reading - Short Debate
  3/25/2015HouseSecond Reading - Short Debate
  3/25/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/20/2015HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Ron Sandack
  4/20/2015HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/22/2015HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-000-000
  4/22/2015HouseRecalled to Second Reading - Short Debate
  4/22/2015HouseHouse Floor Amendment No. 1 Adopted
  4/22/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/23/2015HouseThird Reading - Short Debate - Passed 098-012-002
  4/23/2015SenateArrive in Senate
  4/23/2015SenatePlaced on Calendar Order of First Reading
  4/23/2015SenateChief Senate Sponsor Sen. Don Harmon
  4/28/2015SenateFirst Reading
  4/28/2015SenateReferred to Assignments
  4/29/2015SenateAssigned to Judiciary
  5/6/2015SenatePostponed - Judiciary
  5/8/2015SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Don Harmon
  5/8/2015SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/12/2015SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/12/2015SenateSenate Committee Amendment No. 1 Adopted
  5/13/2015SenateDo Pass as Amended Judiciary; 010-000-001
  5/13/2015SenatePlaced on Calendar Order of 2nd Reading May 14, 2015
  5/14/2015SenateSecond Reading
  5/14/2015SenatePlaced on Calendar Order of 3rd Reading May 18, 2015
  5/19/2015SenateThird Reading - Passed; 052-002-000
  5/20/2015HouseArrived in House
  5/20/2015HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/20/2015HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Ron Sandack
  5/20/2015HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/26/2015HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/31/2015HouseSenate Committee Amendment No. 1 House Concurs 112-000-000
  5/31/2015HouseHouse Concurs
  5/31/2015HousePassed Both Houses
  6/29/2015HouseSent to the Governor
  7/29/2015HouseGovernor Approved
  7/29/2015HouseEffective Date January 1, 2016
  7/29/2015HousePublic Act . . . . . . . . . 99-0178

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