Illinois General Assembly - Full Text of HB4324
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Full Text of HB4324  100th General Assembly

HB4324ham001 100TH GENERAL ASSEMBLY

Rep. Emanuel Chris Welch

Filed: 2/27/2018

 

 


 

 


 
10000HB4324ham001LRB100 16834 JLS 36458 a

1
AMENDMENT TO HOUSE BILL 4324

2    AMENDMENT NO. ______. Amend House Bill 4324 on page 3, line
316, by replacing "is limited to" with "shall not include the
4employer's inventory and is limited to all other"; and
 
5on page 6, by replacing lines 13 through 17 with the following:
6"the employer or the violation occurred if the employee files a
7civil action. A lien described in this Act shall be permanently
8extinguished unless a notice of lien in accordance with Section
930 or 35 is recorded or filed and is served upon the employer
10within one year of the date the employee ceased working for the
11employer or the violation occurred if the employee files a wage
12claim with the Department."; and
 
13on page 6, line 19, by changing "180" to "120"; and
 
14on page 13, line 3, by replacing "proceeding" with "proceeding,
15but the court may order separate trials or hearings"; and
 

 

 

10000HB4324ham001- 2 -LRB100 16834 JLS 36458 a

1on page 13, line 4, by deleting "of the property subject to the
2lien"; and
 
3on page 13 by inserting immediately below line 8 the following:
4    "(h) If a court finds that the employee's civil action
5violates Federal Civil Procedure Rule 11 and Illinois Supreme
6Court Rule 137, the lien shall be extinguished and the right to
7a lien as provided by this Act shall be forfeited."; and
 
8on page 13, by replacing lines 11 and 12 with the following:
9"employee shall have a lien upon all property of the employer
10only after giving notice to the employer as specified in
11Section 20 and recording or filing the lien according to
12Section 30 or 35. The lien shall apply to real or personal
13property, including after-acquired property, located"; and
 
14On page 13, by replacing line 18 with the following:
15"upon all property of the employer only after giving notice to
16the employer as specified in Section 20 and recording or filing
17the lien according to Section 30 or 35. The lien shall apply to
18real or personal property, including"; and
 
19on page 13, line 22, by changing "employer" to "employer or
20employers"; and
 

 

 

10000HB4324ham001- 3 -LRB100 16834 JLS 36458 a

1on page 14, by replacing lines 2 through 4 with the following:
2"mortgages against the employer that originate after the
3effective date of this Act.".