Illinois 95th Regular Session Status: Enacted

SB 330 — MECHANICS LIEN-RENTAL

Last action — Public Act . . . . . . . . . 95-0274

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 07, 2007. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Mechanics Lien Act. Provides that a person who would be entitled to a lien for furnishing materials or equipment for the construction upon or improvement to real property shall be entitled to a lien for the rental of materials or equipment used in that construction or improvement. Effective immediately.

Bill Text

What changed in the latest version

12 added · 12 removed

Plain-language change summary

The recent amendment to SB 330 introduces a new section that allows anyone who leases construction equipment for specific building projects to have a lien for the rental value of that equipment, similar to how liens are granted for other materials used in construction. This change applies only when the equipment is used directly at the project site, and it does not cover residential properties with fewer than 12 units. This matter is significant because it provides additional protection for equipment lessors in the construction industry, encouraging fair compensation for their rentals while ensuring that smaller residential projects are excluded from such claims.

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Latest
SB0330 Engrossed LRB095 09738 AJO 29944 b AN ACT concerning liens.
SB0330 Enrolled LRB095 09738 AJO 29944 b AN ACT concerning liens.
"State" includes any department, board or SB0330 Engrossed - 2 - LRB095 09738 AJO 29944 b commission thereof, or other person financing and constructing any public improvements for the benefit of the State or any department, board or commission thereof;
"State" includes any department, board or SB0330 Enrolled - 2 - LRB095 09738 AJO 29944 b commission thereof, or other person financing and constructing any public improvements for the benefit of the State or any department, board or commission thereof;
(b) Any person who shall furnish labor, services, material, apparatus, fixtures, apparatus or machinery, forms or form work labor to any contractor having a contract for public improvement for any county, township, school district, city, municipality, or municipal corporation, or any other unit of local government in this State, shall have a lien for the value thereof on the money, bonds, or warrants due or to become due the contractor having a contract with such county, township, school district, municipality, or municipal corporation, or any other unit of local government in this State under such SB0330 Engrossed - 3 - LRB095 09738 AJO 29944 b contract.
(b) Any person who shall furnish labor, services, material, apparatus, fixtures, apparatus or machinery, forms or form work labor to any contractor having a contract for public improvement for any county, township, school district, city, municipality, or municipal corporation, or any other unit of local government in this State, shall have a lien for the value thereof on the money, bonds, or warrants due or to become due the contractor having a contract with such county, township, school district, municipality, or municipal corporation, or any other unit of local government in this State under such SB0330 Enrolled - 3 - LRB095 09738 AJO 29944 b contract.
The person claiming such lien may cause notification and written notice thereof to be given either by sending the written notice (by registered or certified mail, return receipt requested, with delivery limited to addressee only) to, or by delivering the written notice to the clerk or secretary, as the case may be, of the county, township, school district, city, municipality, or municipal corporation, or any other SB0330 Engrossed - 4 - LRB095 09738 AJO 29944 b unit of local government;
The person claiming such lien may cause notification and written notice thereof to be given either by sending the written notice (by registered or certified mail, return receipt requested, with delivery limited to addressee only) to, or by delivering the written notice to the clerk or secretary, as the case may be, of the county, township, school district, city, municipality, or municipal corporation, or any other SB0330 Enrolled - 4 - LRB095 09738 AJO 29944 b unit of local government;
(2) Provided further, that where such person has not so notified the clerk or secretary, as the case may be, of the county, township, school district, city, municipality, or municipal corporation, or any other unit of local government of his claim for a lien, upon written demand of the contractor with service by certified mail (return receipt requested) and with a copy filed with the clerk or secretary, as the case may be, that person shall, within 30 days, notify the clerk or secretary, as the case may be, of the county, township, school district, city, municipality, or municipal corporation, or any other unit of local government of his claim for a lien by either sending or delivering written notice in like manner as above provided SB0330 Engrossed - 5 - LRB095 09738 AJO 29944 b for causing notification and written notice of a claim for lien to be given to such clerk or secretary, as the case may be, or the lien shall be forfeited.
(2) Provided further, that where such person has not so notified the clerk or secretary, as the case may be, of the county, township, school district, city, municipality, or municipal corporation, or any other unit of local government of his claim for a lien, upon written demand of the contractor with service by certified mail (return receipt requested) and with a copy filed with the clerk or secretary, as the case may be, that person shall, within 30 days, notify the clerk or secretary, as the case may be, of the county, township, school district, city, municipality, or municipal corporation, or any other unit of local government of his claim for a lien by either sending or delivering written notice in like manner as above provided SB0330 Enrolled - 5 - LRB095 09738 AJO 29944 b for causing notification and written notice of a claim for lien to be given to such clerk or secretary, as the case may be, or the lien shall be forfeited.
(5) Failure to commence proceedings by complaint for accounting within 90 days after serving giving notice of lien pursuant to this subsection shall terminate the lien and no subsequent notice of lien may be given for the same claim nor may that claim be asserted in any proceedings pursuant to this Act, provided, however, that failure to SB0330 Engrossed - 6 - LRB095 09738 AJO 29944 b file the complaint after notice of the claim for lien shall not preclude a subsequent notice or action for an amount or amounts becoming due to the lien claimant on a date after the prior notice or notices.
(5) Failure to commence proceedings by complaint for accounting within 90 days after serving giving notice of lien pursuant to this subsection shall terminate the lien and no subsequent notice of lien may be given for the same claim nor may that claim be asserted in any proceedings pursuant to this Act, provided, however, that failure to SB0330 Enrolled - 6 - LRB095 09738 AJO 29944 b file the complaint after notice of the claim for lien shall not preclude a subsequent notice or action for an amount or amounts becoming due to the lien claimant on a date after the prior notice or notices.
SB0330 Engrossed - 7 - LRB095 09738 AJO 29944 b Any payment so made to such claimant or to the clerk of the court shall be a credit on the contract price to be paid to such contractor.
SB0330 Enrolled - 7 - LRB095 09738 AJO 29944 b Any payment so made to such claimant or to the clerk of the court shall be a credit on the contract price to be paid to such contractor.
The person claiming such lien may cause such written notice with SB0330 Engrossed - 8 - LRB095 09738 AJO 29944 b sworn statement of the claim to be given either by sending such notice (by registered or certified mail, return receipt requested, with delivery limited to addressee only) to, or by delivering such notice to the Director or other official of the State whose duty it is to let such contract;
The person claiming such lien may cause such written notice with SB0330 Enrolled - 8 - LRB095 09738 AJO 29944 b sworn statement of the claim to be given either by sending such notice (by registered or certified mail, return receipt requested, with delivery limited to addressee only) to, or by delivering such notice to the Director or other official of the State whose duty it is to let such contract;
SB0330 Engrossed - 9 - LRB095 09738 AJO 29944 b (3) No public official shall withhold from the contractor money, bonds, warrants or funds on the basis of a lien forfeited as provided herein.
SB0330 Enrolled - 9 - LRB095 09738 AJO 29944 b (3) No public official shall withhold from the contractor money, bonds, warrants or funds on the basis of a lien forfeited as provided herein.
(5) Failure to commence proceedings by complaint for accounting within 90 days after serving giving notice of lien pursuant to this subsection shall terminate the lien and no subsequent notice of lien may be given for the same claim nor may that claim be asserted in any proceedings pursuant to this Act, provided, however, that failure to file suit after notice of a claim for lien shall not SB0330 Engrossed - 10 - LRB095 09738 AJO 29944 b preclude a subsequent notice or action for an amount or amounts becoming due to the lien claimant on a date after the prior notice or notices.
(5) Failure to commence proceedings by complaint for accounting within 90 days after serving giving notice of lien pursuant to this subsection shall terminate the lien and no subsequent notice of lien may be given for the same claim nor may that claim be asserted in any proceedings pursuant to this Act, provided, however, that failure to file suit after notice of a claim for lien shall not SB0330 Enrolled - 10 - LRB095 09738 AJO 29944 b preclude a subsequent notice or action for an amount or amounts becoming due to the lien claimant on a date after the prior notice or notices.
(d) Any officer of the State, county, township, school district, city, municipality, or municipal corporation, or any other unit of local government violating the duty hereby SB0330 Engrossed - 11 - LRB095 09738 AJO 29944 b imposed upon him shall be liable on his official bond to the claimant giving notice as provided in this Section for the damages resulting from such violation, which may be recovered in a civil action in the circuit court.
(d) Any officer of the State, county, township, school district, city, municipality, or municipal corporation, or any other unit of local government violating the duty hereby SB0330 Enrolled - 11 - LRB095 09738 AJO 29944 b imposed upon him shall be liable on his official bond to the claimant giving notice as provided in this Section for the damages resulting from such violation, which may be recovered in a civil action in the circuit court.
(f) Unless the contract with the State, county, township, school district, city, municipality, municipal corporation, or any other unit of local government otherwise provides, no lien for material shall be defeated because of lack of proof that the material after the delivery thereof, actually entered into the construction of the building or improvement, even if it be shown that the material was not actually used in the construction of the building or improvement so long as it is SB0330 Engrossed - 12 - LRB095 09738 AJO 29944 b shown that the material was delivered either (i) to the owner or its agent for that building or improvement, to be used in that building or improvement or (ii) pursuant to the contract, at the place where the building or improvement was being constructed or some other designated place, for the purpose of being used in construction or for the purpose of being employed in the process of construction as a means for assisting in the erection of the building or improvement in what is commonly termed forms or form work where concrete, cement, or like material is used, in whole or in part.
(f) Unless the contract with the State, county, township, school district, city, municipality, municipal corporation, or any other unit of local government otherwise provides, no lien for material shall be defeated because of lack of proof that the material after the delivery thereof, actually entered into the construction of the building or improvement, even if it be shown that the material was not actually used in the construction of the building or improvement so long as it is SB0330 Enrolled - 12 - LRB095 09738 AJO 29944 b shown that the material was delivered either (i) to the owner or its agent for that building or improvement, to be used in that building or improvement or (ii) pursuant to the contract, at the place where the building or improvement was being constructed or some other designated place, for the purpose of being used in construction or for the purpose of being employed in the process of construction as a means for assisting in the erection of the building or improvement in what is commonly termed forms or form work where concrete, cement, or like material is used, in whole or in part.
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Action History

  1. Public Act . . . . . . . . . 95-0274

  2. Effective Date August 17, 2007

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 098-015-001

  7. Placed on Calendar Order of 3rd Reading - Short Debate

  8. Second Reading - Short Debate

  9. Placed on Calendar 2nd Reading - Short Debate

  10. Do Pass / Short Debate Judiciary I - Civil Law Committee; 012-000-000

  11. Assigned to Judiciary I - Civil Law Committee

  12. Referred to Rules Committee

  13. First Reading

  14. Chief House Sponsor Rep. Lou Lang

  15. Placed on Calendar Order of First Reading

  16. Arrived in House

  17. Senate Committee Amendment No. 3 Tabled Pursuant to Rule 5-4(a)

  18. Senate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a)

  19. Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  20. Third Reading - Passed; 049-005-000

  21. Placed on Calendar Order of 3rd Reading

  22. Senate Floor Amendment No. 5 Adopted; Pankau

  23. Recalled to Second Reading

  24. Senate Floor Amendment No. 5 Recommend Do Adopt Judiciary Civil Law; 007-000-000

  25. Senate Floor Amendment No. 5 Rules Refers to Judiciary Civil Law

  26. Senate Floor Amendment No. 5 Referred to Rules

  27. Senate Floor Amendment No. 5 Filed with Secretary by Sen. Carole Pankau

  28. Added as Chief Co-Sponsor Sen. Dan Cronin

  29. Placed on Calendar Order of 3rd Reading March 21, 2007

  30. Second Reading

  31. Added as Co-Sponsor Sen. Dan Cronin

  32. Placed on Calendar Order of 2nd Reading March 15, 2007

  33. Do Pass as Amended Judiciary Civil Law; 006-000-002

  34. Senate Committee Amendment No. 4 Adopted

  35. Added as Chief Co-Sponsor Sen. Chris Lauzen

  36. Senate Committee Amendment No. 4 Rules Refers to Judiciary Civil Law

  37. Senate Committee Amendment No. 4 Referred to Rules

  38. Senate Committee Amendment No. 4 Filed with Secretary by Sen. Carole Pankau

  39. Senate Committee Amendment No. 3 Referred to Rules

  40. Senate Committee Amendment No. 3 Filed with Secretary by Sen. Carole Pankau

  41. Senate Committee Amendment No. 2 Referred to Rules

  42. Senate Committee Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton

  43. Senate Committee Amendment No. 1 Referred to Rules

  44. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Carole Pankau

  45. Held in Judiciary Civil Law

  46. Held in Judiciary Civil Law

  47. Assigned to Judiciary Civil Law

  48. Referred to Rules

  49. First Reading

  50. Filed with Secretary by Sen. Carole Pankau

Sponsors

  • Carole Pankau · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 2 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Carole Pankau

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 98 Yea · 15 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 861405
Democrat 8100
Republican 4000
Total 981505
% of votes cast 83%13%0%4%
How each member voted (118)
Member Party Vote
Hamos — Yea
Holbrook — Yea
Jefferson — Yea
Lang — Yea
Mautino — Yea
McAuliffe — Yea
Mendoza — Yea
Meyer — Yea
Reitz — Yea
Lyons — Yea
McGuire — Yea
Bradley, John — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Bradley, Richard — Yea
Krause — Nay
Brady — Yea
Mitchell, Bill — Yea
Leitch — Nay
Madigan — Yea
Mitchell, Jerry — Yea
May — Not Voting
Moffitt — Yea
Molaro — Yea
Burke — Yea
Sullivan — Yea
Munson — Yea
Myers — Yea
Hannig — Yea
Nekritz — Yea
Harris — Yea
Osterman — Yea
Hernandez — Yea
Phelps — Yea
Scully — Not Voting
Sommer — Nay
Watson — Yea
Howard — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Davis, Monique — Yea
Washington — Yea
Yarbrough — Yea
Younge — Yea
Coladipietro — Yea
Cole — Nay
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Froehlich — Nay
Golar — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Hassert — Yea
Jakobsson — Yea
Kosel — Yea
Patterson — Not Voting
Schock — Not Voting
Jefferies — Not Voting
Osmond — Nay
Pihos — Nay
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Soto — Yea
Winters — Nay
Lindner — Nay
Acevedo — Yea
Arroyo — Yea
Bassi — Nay
Beaubien — Nay
Beiser — Yea
Mathias — Nay
Bellock — Yea
Berrios — Yea
Biggins — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Colvin — Yea
McCarthy — Yea
Coulson — Nay
Mulligan — Nay
Fortner — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Nay
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 49 Yea · 5 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 41404
Democrat 7101
Republican 1000
Total 49505
% of votes cast 83%8%0%8%
How each member voted (59)
Member Party Vote
Haine — Yea
Halvorson — Not Voting
Hendon — Yea
Hultgren — Yea
Link — Yea
Luechtefeld — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Schoenberg — Yea
Sieben — Yea
Silverstein — Yea
Trotter — Yea
Viverito — Yea
Sullivan — Yea
Munoz — Yea
Crotty — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Brady — Nay
Cullerton — Not Voting
Radogno — Yea
Wilhelmi — Yea
Clayborne — Not Voting
Dahl — Yea
Kotowski — Nay
Pankau — Yea
Peterson — Yea
Raoul — Yea
Righter — Not Voting
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Nay
Lauzen — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Nay
Burzynski — Yea
Cronin — Yea
DeLeo — Yea
Dillard — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Not Voting
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Nay
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

housing labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 330 do?
Amends the Mechanics Lien Act. Provides that a person who would be entitled to a lien for furnishing materials or equipment for the construction upon or improvement to real property shall be entitled to a lien for the rental of materials or equipment used in that construction or improvement. Effective immediately.
Who sponsors SB 330?
SB 330 is sponsored by Carole Pankau.
What is the current status of SB 330?
This bill has been enacted into law. Introduced February 07, 2007. Enacted.
Where can I track SB 330?
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