IL HB5201 | 2017-2018 | 100th General Assembly
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 5-0)
Status: Passed on August 24 2018 - 100% progression
Action: 2018-08-24 - Public Act . . . . . . . . . 100-1061
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Partisan Bill (Democrat 5-0)
Status: Passed on August 24 2018 - 100% progression
Action: 2018-08-24 - Public Act . . . . . . . . . 100-1061
Text: Latest bill text (Chaptered) [HTML]
Summary
Amends the Counties Code. Creates a mechanics lien demand and referral pilot program. Provides that in counties with a code hearing unit, a recorder may adopt rules establishing a mechanics lien demand and referral process for residential property after a public hearing. Provides that if a recorder determines that a mechanics lien recorded in the grantor's index or the grantee's index is a defective lien, the recorder shall serve a Notice of Defective Lien by certified mail to the last known address of the owner. Provides that if the owner or legal representative of the owner of the residential property confirms in writing that the lien is not involved in pending litigation, the owner may request that the recorder refer the defective mechanics lien to the county's code hearing department for adjudication or serve a Demand to Commence Suit forcing the lienholder to either file suit, respond to the Demand, or forfeit the lien. Provides how the recorder is to serve a Demand to Commence Suit or file a Notice of Referral with the code hearing unit. Provides that if the mechanics lien is referred to the code hearing unit, the code hearing unit will set a hearing and notify the applicable parties. Provides if the recorder shows by clear and convincing evidence that the lien in question is a defective lien, the administrative law judge shall rule the lien is forfeited and that the lien no longer affects the chain of title of the property in any way. Limits liability. Includes other provisions. Repeals the provisions on January 1, 2022. Further amends the Counties Code making conforming changes in county code hearing unit provisions. Amends the Mechanics Lien Act making conforming changes.
Title
MECHANICS LIEN DEMAND & REFER
Sponsors
Rep. LaShawn Ford [D] | Rep. Emanuel Welch [D] | Rep. Frances Hurley [D] | Rep. Marcus Evans [D] |
Sen. Cristina Castro [D] |
Roll Calls
2018-05-31 - House - Concurrence in House (Y: 69 N: 27 NV: 12 Abs: 1) [PASS]
2018-05-31 - House - Concurrence in House (Y: 69 N: 27 NV: 12 Abs: 1) [PASS]
2018-05-30 - Senate - Third Reading in Senate (Y: 37 N: 19 NV: 3 Abs: 0) [PASS]
2018-04-18 - House - Third Reading in House (Y: 110 N: 0 NV: 2 Abs: 1) [PASS]
2018-05-31 - House - Concurrence in House (Y: 69 N: 27 NV: 12 Abs: 1) [PASS]
2018-05-30 - Senate - Third Reading in Senate (Y: 37 N: 19 NV: 3 Abs: 0) [PASS]
2018-04-18 - House - Third Reading in House (Y: 110 N: 0 NV: 2 Abs: 1) [PASS]
History
Date | Chamber | Action |
---|---|---|
2018-08-24 | House | Public Act . . . . . . . . . 100-1061 |
2018-08-24 | House | Effective Date January 1, 2019 |
2018-08-24 | House | Governor Approved |
2018-06-29 | House | Sent to the Governor |
2018-05-31 | House | Passed Both Houses |
2018-05-31 | House | House Concurs |
2018-05-31 | House | Senate Floor Amendment No. 2 House Concurs 069-027-000 |
2018-05-31 | House | Senate Committee Amendment No. 1 House Concurs 069-027-000 |
2018-05-31 | House | Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000 |
2018-05-31 | House | Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000 |
2018-05-30 | House | Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee |
2018-05-30 | House | Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee |
2018-05-30 | House | Senate Floor Amendment No. 2 Motion Filed Concur Rep. La Shawn K. Ford |
2018-05-30 | House | Senate Committee Amendment No. 1 Motion Filed Concur Rep. La Shawn K. Ford |
2018-05-30 | House | Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 2 |
2018-05-30 | House | Arrived in House |
2018-05-30 | Senate | Third Reading - Passed; 037-019-000 |
2018-05-29 | Senate | Placed on Calendar Order of 3rd Reading May 30, 2018 |
2018-05-29 | Senate | Second Reading |
2018-05-29 | Senate | Senate Floor Amendment No. 2 Adopted; Castro |
2018-05-29 | Senate | Senate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 008-004-000 |
2018-05-25 | Senate | Rule 2-10 Third Reading Deadline Established As May 31, 2018 |
2018-05-25 | Senate | Senate Floor Amendment No. 2 Assignments Refers to Judiciary |
2018-05-24 | Senate | Senate Floor Amendment No. 2 Referred to Assignments |
2018-05-24 | Senate | Senate Floor Amendment No. 2 Filed with Secretary by Sen. Cristina Castro |
2018-05-22 | Senate | Placed on Calendar Order of 2nd Reading May 23, 2018 |
2018-05-22 | Senate | Do Pass as Amended Judiciary; 011-000-000 |
2018-05-22 | Senate | Senate Committee Amendment No. 1 Adopted |
2018-05-21 | Senate | Senate Committee Amendment No. 1 Assignments Refers to Judiciary |
2018-05-17 | Senate | Senate Committee Amendment No. 1 Referred to Assignments |
2018-05-17 | Senate | Senate Committee Amendment No. 1 Filed with Secretary by Sen. Cristina Castro |
2018-05-16 | Senate | Postponed - Judiciary |
2018-05-11 | Senate | Rule 2-10 Committee Deadline Established As May 31, 2018 |
2018-05-09 | Senate | Postponed - Judiciary |
2018-05-01 | Senate | Assigned to Judiciary |
2018-04-25 | Senate | Referred to Assignments |
2018-04-25 | Senate | First Reading |
2018-04-25 | Senate | Chief Senate Sponsor Sen. Cristina Castro |
2018-04-19 | Senate | Placed on Calendar Order of First Reading April 23, 2018 |
2018-04-19 | Senate | Arrive in Senate |
2018-04-18 | House | Added Chief Co-Sponsor Rep. Marcus C. Evans, Jr. |
2018-04-18 | House | Added Chief Co-Sponsor Rep. Frances Ann Hurley |
2018-04-18 | House | Added Chief Co-Sponsor Rep. Emanuel Chris Welch |
2018-04-18 | House | Removed Co-Sponsor Rep. Marcus C. Evans, Jr. |
2018-04-18 | House | Removed Co-Sponsor Rep. Frances Ann Hurley |
2018-04-18 | House | Removed Co-Sponsor Rep. Emanuel Chris Welch |
2018-04-18 | House | Added Co-Sponsor Rep. Marcus C. Evans, Jr. |
2018-04-18 | House | Added Co-Sponsor Rep. Frances Ann Hurley |
2018-04-18 | House | Added Co-Sponsor Rep. Emanuel Chris Welch |
2018-04-18 | House | Third Reading - Short Debate - Passed 110-000-000 |
2018-04-17 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
2018-04-17 | House | Second Reading - Short Debate |
2018-04-10 | House | Placed on Calendar 2nd Reading - Short Debate |
2018-04-10 | House | Do Pass / Short Debate Judiciary - Civil Committee; 011-000-000 |
2018-04-10 | House | Reported Back To Judiciary - Civil Committee; |
2018-04-10 | House | Recommends Do Pass Subcommittee/ Judiciary - Civil Committee; 005-000-000 |
2018-03-21 | House | To Commercial Law Subcommittee |
2018-03-21 | House | Assigned to Judiciary - Civil Committee |
2018-02-16 | House | Referred to Rules Committee |
2018-02-16 | House | First Reading |
2018-02-15 | House | Filed with the Clerk by Rep. La Shawn K. Ford |
Code Citations
Chapter | Article | Section | Citation Type | Statute Text |
---|---|---|---|---|
55 | 5 | 3-5010.8 | New Code | See Bill Text |
55 | 5 | 5-41065 | New Code | See Bill Text |
55 | 5 | 5-43043 | New Code | See Bill Text |
770 | 60 | 34 | Amended Code | Citation Text |
770 | 60 | 34.5 | New Code | See Bill Text |