Bill Text: IL SB1912 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Civil Practice Law of the Code of Civil Procedure. Provides that in any civil action involving a claim for money damages, a release must be tendered by the settling defendants to the plaintiff within 14 days of an agreement to the settlement, and in cases where the law requires court approval of the settlement, the plaintiff shall timely obtain court approval and tender to the defendant a copy of the order approving the settlement. Provides that a settling defendant shall pay all sums due to a settling plaintiff within 21 days of tender by the settling plaintiff to the settling defendant of a duly executed release (and, if required by law, a copy of the order approving the settlement), and provides that upon failure to pay, interest, calculated from the date of the release, shall accrue on the amount of the settlement and shall be payable to the settling plaintiff. Provides that the plaintiff is entitled to judgment without further notice against any settling defendant who has not timely paid. Provides that the new provisions apply to all civil actions involving a claim for money damages. Effective immediately.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Passed) 2013-08-26 - Public Act . . . . . . . . . 98-0548 [SB1912 Detail]
Download: Illinois-2013-SB1912-Amended.html
Bill Title: Amends the Civil Practice Law of the Code of Civil Procedure. Provides that in any civil action involving a claim for money damages, a release must be tendered by the settling defendants to the plaintiff within 14 days of an agreement to the settlement, and in cases where the law requires court approval of the settlement, the plaintiff shall timely obtain court approval and tender to the defendant a copy of the order approving the settlement. Provides that a settling defendant shall pay all sums due to a settling plaintiff within 21 days of tender by the settling plaintiff to the settling defendant of a duly executed release (and, if required by law, a copy of the order approving the settlement), and provides that upon failure to pay, interest, calculated from the date of the release, shall accrue on the amount of the settlement and shall be payable to the settling plaintiff. Provides that the plaintiff is entitled to judgment without further notice against any settling defendant who has not timely paid. Provides that the new provisions apply to all civil actions involving a claim for money damages. Effective immediately.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Passed) 2013-08-26 - Public Act . . . . . . . . . 98-0548 [SB1912 Detail]
Download: Illinois-2013-SB1912-Amended.html
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| 1 | AMENDMENT TO SENATE BILL 1912
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 1912 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
| 5 | changing Section 9-316 as follows:
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| 6 | (735 ILCS 5/9-316) (from Ch. 110, par. 9-316)
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| 7 | Sec. 9-316. Lien upon crops. Every landlord shall have a | ||||||
| 8 | lien upon the
the crops
grown or
growing upon the demised | ||||||
| 9 | premises for the rent thereof, whether the same
is payable | ||||||
| 10 | wholly or in part in money or specific articles of property
or | ||||||
| 11 | products of the premises, or labor, and also for the faithful
| ||||||
| 12 | performance of the terms of the lease. Such lien shall continue | ||||||
| 13 | for the
period of 6 months after the expiration of the term for | ||||||
| 14 | which the
premises are demised, and may be enforced by | ||||||
| 15 | distraint as
provided in Part 3 of Article IX of this Act. | ||||||
| 16 | A good faith purchaser shall, however, take such crops free | ||||||
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| 1 | of any landlord's
lien unless, within 6 months prior to the | ||||||
| 2 | purchase, the landlord provides
written notice of his lien to | ||||||
| 3 | the purchaser by registered or certified mail.
Such notice | ||||||
| 4 | shall contain the names and addresses of the landlord and | ||||||
| 5 | tenant,
and clearly identify the leased property.
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| 6 | A landlord may require that, prior to his tenant's selling | ||||||
| 7 | any crops
grown on the demised premises, the tenant disclose | ||||||
| 8 | the name of the person
to whom the tenant intends to sell those | ||||||
| 9 | crops. Where such a requirement
has been imposed, the tenant | ||||||
| 10 | shall not sell the crops to any person other
than a person who | ||||||
| 11 | has been disclosed to the landlord as a potential buyer
of the | ||||||
| 12 | crops.
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| 13 | A lien arising under this Section shall have priority over | ||||||
| 14 | any agricultural
lien as defined in, and over any security | ||||||
| 15 | interest arising under, provisions of
Article 9 of the Uniform | ||||||
| 16 | Commercial Code.
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| 17 | (Source: P.A. 91-893, eff. 7-1-01; 92-819, eff. 8-21-02.)".
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