HB4324ham001 100TH GENERAL ASSEMBLY

Rep. Emanuel Chris Welch

Filed: 2/27/2018

10000HB4324ham001 LRB100 16834 JLS 36458 a

AMENDMENT TO HOUSE BILL 4324

AMENDMENT NO. ______. Amend House Bill 4324 on page 3, line 16, by replacing "is limited to" with "shall not include the employer's inventory and is limited to all other"; and

on page 6, by replacing lines 13 through 17 with the following: "the employer or the violation occurred if the employee files a civil action. A lien described in this Act shall be permanently extinguished unless a notice of lien in accordance with Section 30 or 35 is recorded or filed and is served upon the employer within one year of the date the employee ceased working for the employer or the violation occurred if the employee files a wage claim with the Department."; and

on page 6, line 19, by changing "180" to "120"; and

on page 13, line 3, by replacing "proceeding" with "proceeding, but the court may order separate trials or hearings"; and

on page 13, line 4, by deleting "of the property subject to the lien"; and

on page 13 by inserting immediately below line 8 the following:

"(h) If a court finds that the employee's civil action violates Federal Civil Procedure Rule 11 and Illinois Supreme Court Rule 137, the lien shall be extinguished and the right to a lien as provided by this Act shall be forfeited."; and

on page 13, by replacing lines 11 and 12 with the following: "employee shall have a lien upon all property of the employer only after giving notice to the employer as specified in Section 20 and recording or filing the lien according to Section 30 or 35. The lien shall apply to real or personal property, including after-acquired property, located"; and

On page 13, by replacing line 18 with the following: "upon all property of the employer only after giving notice to the employer as specified in Section 20 and recording or filing the lien according to Section 30 or 35. The lien shall apply to real or personal property, including"; and

on page 13, line 22, by changing "employer" to "employer or employers"; and

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