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Sen. Don Harmon
Filed: 5/8/2015
| | 09900HB2635sam001 | | LRB099 03902 JLS 35351 a |
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| 1 | | AMENDMENT TO HOUSE BILL 2635
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| 2 | | AMENDMENT NO. ______. Amend House Bill 2635 on page 2 by |
| 3 | | replacing lines 12 and 13 with the following: |
| 4 | | "bond;"; and
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| 5 | | on page 3 by replacing lines 12, 13, and 14 with the following: |
| 6 | | "(3) "Lien claim" means a claim, excluding interest and |
| 7 | | attorney's fees, on account of which (A) a notice or |
| 8 | | amended notice of claim for lien under Section 24 of this |
| 9 | | Act has been served; (B) a claim or amended claim for lien |
| 10 | | under Section 7 of this"; and
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| 11 | | on page 3, line 23, by changing "recovers" to "is awarded a |
| 12 | | judgment equal to"; and
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| 13 | | on page 3, line 24, by changing "recovers" to "is awarded a |
| 14 | | judgment equal to"; and
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| | 09900HB2635sam001 | - 2 - | LRB099 03902 JLS 35351 a |
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| 1 | | on page 3, line 26, by inserting immediately after the period |
| 2 | | the following:
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| 3 | | "For purposes of determining the prevailing party, the amount |
| 4 | | of the lien claim shall be reduced by any payments received by |
| 5 | | the lien claimant from any source before the entry of judgment |
| 6 | | or otherwise upon petition by the lien claimant, but only for |
| 7 | | good cause shown. If any party makes a payment to the lien |
| 8 | | claimant within 5 months of the filing of a complaint under |
| 9 | | this Section, the principal on the bond may petition the court |
| 10 | | for a reduction of the bond equal to the amount of the payment |
| 11 | | made."; and
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| 12 | | on page 4 by replacing lines 14 through 18 with the following:
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| 13 | | "mechanics lien claim. The petition shall be verified and |
| 14 | | shall"; and
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| 15 | | on page 6 by replacing lines 3 and 4 with the following:
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| 16 | | "the petition and his or her attorney of record in a pending |
| 17 | | action on the lien claim, a copy of the petition attached |
| 18 | | together with the"; and
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| 19 | | on page 8 by replacing line 26 with the following:
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| 20 | | "the lien claim count or counts may be dismissed. An action |
| 21 | | under this Section does not preclude a claimant from bringing |
| 22 | | any other actions that do not arise under this Act."; and
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| | 09900HB2635sam001 | - 3 - | LRB099 03902 JLS 35351 a |
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| 1 | | on page 9 by replacing lines 1 through 9 with the following: |
| 2 | | "(i) Subject to the defenses allowable under subsection |
| 3 | | (j)"; and
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| 4 | | on page 9, line 16, by inserting "reasonable" after "its"; and
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| 5 | | on page 9, line 24, by changing "(k)" to "(j)"; and
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| 6 | | on page 10, line 4, by changing "(l)" to "(k)"; and
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| 7 | | on page 10, line 10, by changing "(m)" to "(l)".
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