Rep. Emanuel Chris Welch
Filed: 2/27/2018
| |||||||
| |||||||
| |||||||
| 1 | AMENDMENT TO HOUSE BILL 4324
| ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 4324 on page 3, line | ||||||
| 3 | 16, by replacing "is limited to" with "shall not include the | ||||||
| 4 | employer's inventory and is limited to all other"; and
| ||||||
| 5 | on page 6, by replacing lines 13 through 17 with the following: | ||||||
| 6 | "the employer or the violation occurred if the employee files a | ||||||
| 7 | civil action. A lien described in this Act shall be permanently | ||||||
| 8 | extinguished unless a notice of lien in accordance with Section | ||||||
| 9 | 30 or 35 is recorded or filed and is served upon the employer | ||||||
| 10 | within one year of the date the employee ceased working for the | ||||||
| 11 | employer or the violation occurred if the employee files a wage | ||||||
| 12 | claim with the Department."; and | ||||||
| 13 | on page 6, line 19, by changing "180" to "120"; and | ||||||
| 14 | on page 13, line 3, by replacing "proceeding" with "proceeding, | ||||||
| 15 | but the court may order separate trials or hearings"; and | ||||||
| |||||||
| |||||||
| 1 | on page 13, line 4, by deleting "of the property subject to the | ||||||
| 2 | lien"; and | ||||||
| 3 | on page 13 by inserting immediately below line 8 the following: | ||||||
| 4 | "(h) If a court finds that the employee's civil action | ||||||
| 5 | violates Federal Civil Procedure Rule 11 and Illinois Supreme | ||||||
| 6 | Court Rule 137, the lien shall be extinguished and the right to | ||||||
| 7 | a lien as provided by this Act shall be forfeited."; and | ||||||
| 8 | on page 13, by replacing lines 11 and 12 with the following: | ||||||
| 9 | "employee shall have a lien upon all property of the employer | ||||||
| 10 | only after giving notice to the employer as specified in | ||||||
| 11 | Section 20 and recording or filing the lien according to | ||||||
| 12 | Section 30 or 35. The lien shall apply to real or personal | ||||||
| 13 | property, including after-acquired property, located"; and | ||||||
| 14 | On page 13, by replacing line 18 with the following: | ||||||
| 15 | "upon all property of the employer only after giving notice to | ||||||
| 16 | the employer as specified in Section 20 and recording or filing | ||||||
| 17 | the lien according to Section 30 or 35. The lien shall apply to | ||||||
| 18 | real or personal property, including"; and | ||||||
| 19 | on page 13, line 22, by changing "employer" to "employer or | ||||||
| 20 | employers"; and | ||||||
| |||||||
| |||||||
| 1 | on page 14, by replacing lines 2 through 4 with the following: | ||||||
| 2 | "mortgages against the employer that originate after the | ||||||
| 3 | effective date of this Act.".
| ||||||