093_HB1503

 
                                     LRB093 07572 WGH 07748 b

 1        AN ACT in relation to civil procedure.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Code of Civil  Procedure  is  amended  by
 5    changing Section 9-316 as follows:

 6        (735 ILCS 5/9-316) (from Ch. 110, par. 9-316)
 7        Sec.  9-316.   Lien  on  upon crops. Every landlord shall
 8    have a lien upon 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
11    or  products  of  the  premises,  or  labor, and also for the
12    faithful performance of the terms of  the  lease.  Such  lien
13    shall   continue  for  the  period  of  6  months  after  the
14    expiration of the term for which the  premises  are  demised,
15    and  may  be  enforced  by distraint as provided in Part 3 of
16    Article IX of this Act.
17        A good faith purchaser shall, however,  take  such  crops
18    free  of any landlord's lien unless, within 6 months prior to
19    the purchase, the landlord provides  written  notice  of  his
20    lien  to  the purchaser by registered or certified mail. Such
21    notice shall contain the names and addresses of the  landlord
22    and tenant, and clearly identify the leased property.
23        A  landlord  may  require  that,  prior  to  his tenant's
24    selling any crops grown on the demised premises,  the  tenant
25    disclose the name of the person to whom the tenant intends to
26    sell those crops.  Where such a requirement has been imposed,
27    the  tenant shall not sell the crops to any person other than
28    a person  who  has  been  disclosed  to  the  landlord  as  a
29    potential buyer of the crops.
30        A  lien  arising  under  this Section shall have priority
31    over any agricultural  lien  as  defined  in,  and  over  any
 
                            -2-      LRB093 07572 WGH 07748 b
 1    security  interest  arising under, provisions of Article 9 of
 2    the Uniform Commercial Code.
 3    (Source: P.A. 91-893, eff. 7-1-01; 92-819, eff. 8-21-02.)