Illinois General Assembly - Full Text of HB3012
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Full Text of HB3012  97th General Assembly




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1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Innkeepers Lien Act is amended by changing
5Section 49 as follows:
6    (770 ILCS 40/49)  (from Ch. 82, par. 58)
7    Sec. 49. Stable keepers.
8    (a) As used in this Section:
9        "Boarding or stabling agreement" means any agreement,
10    written or oral, that establishes or modifies the terms,
11    conditions, rules, or any other provisions concerning the
12    boarding or stabling of a horse.
13        "Horse owner" or "owner" means a person who owns a
14    horse or the person's agent, successor, or assign.
15        "Keeping", "boarding", or "stabling" means boarding
16    and training services at a stable provided at the horse
17    owner's request including but not limited to: services
18    under a written boarding or stabling agreement; services
19    provided in response to a written request by the horse
20    owner; administering the horse owner's requested
21    supplements or medications to the horse; trailering the
22    horse to a designated location; and assistance in
23    conjunction with veterinary, breeding, farrier,



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1    chiropractic, dental, or other professional services for a
2    horse.
3        "Last known address" means that address provided by the
4    horse owner in the latest boarding or stabling agreement or
5    any other writing, or the address provided by the horse
6    owner in a subsequent written notice of a change of
7    address.
8        "Personal property left on the premises" means any
9    carriage, harness, tack, equipment, supplements,
10    medications, or other personal property stored by the owner
11    at the stable or boarding facility.
12        "Stable" or "horse boarding facility" means any real
13    property used for the purpose of stabling, boarding, or
14    keeping a horse.
15        "Stable keeper" or "keeper" means the owner, operator,
16    lessor, or sublessor of a stable or horse boarding
17    facility, or his, her, or its agent, or any other person or
18    entity authorized by him, her, or it to manage the horse
19    boarding facility or to receive rent from a horse owner
20    under a boarding or stabling agreement.
21    (b) Stable keepers and any persons shall have a lien upon
22the horses, carriages, and harness, tack and equipment, and any
23other personal property stored by the owner at the stable or
24boarding facility in the amount of kept by them for the proper
25charges due for the keeping thereof and expenses bestowed
26thereon at the request of the owner, or the person having the



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1possession thereof, plus other charges, present or future, in
2relation to the horse boarded, plus all fees and expenses,
3including legal fees, incurred by the keeper to enforce the
4lien, whether by public or private sale, to the extent
5permitted under this Section.
6    (c) The lien provided under this Section is a possessory
7lien which entitles the keeper to restrict the subject horse's
8movement from the keeper's facility, except for emergency
9veterinary care. Local law enforcement authorities notified of
10the keeper's right to a possessory lien on the horse shall have
11the authority, without a court order, to restrict the removal
12of the horse from the keeper's facility despite the horse
13owner's request or demand, until the keeper confirms to the
14local law enforcement authorities that the lien has been
15satisfied. Evidence of a possessory lien that constitutes
16notice to law enforcement authorities includes, but is not
17limited to, a written boarding agreement signed by the horse
18owner acknowledging that the keeper shall have an automatic
19lien on the horse for the amount owed or the unpaid invoices
20for the keeping of the horse and fees and expenses, including
21attorney's fees, incurred in connection with the enforcement of
22the lien.
23    (d) Enforcement of the lien must be by public sale of the
24horse or any personal property left on the premises, unless the
25written boarding agreement provides a clear authorization that
26the horse and any personal property left on the premises may be



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1sold through a private sale or provides a clear authorization
2that the keeper may take ownership of the horse and any
3personal property left on the premises to satisfy the lien.
4    (e) Prior to enforcement of the lien through a public or
5private sale, the keeper must make a written demand for payment
6from the owner of the horse and include notice that the horse
7and any personal property left on the premises will be sold at
8a date certain not less than 30 days after service of the
9demand for payment if payment of all amounts due is not made by
10the day set for the sale.
11    (f) In the event of enforcement of the lien through a
12public sale, the sale shall be conducted by the local sheriff
13or other authorized individual, at which cash shall be paid by
14the highest bidder. The date, time, and place of the sale shall
15be advertised by posting a written notice of the sale at 3 of
16the most public places in the township or municipality where
17the horse is boarded or if the horse is not boarded in a
18township or municipality, by posting a written notice of the
19sale at 3 of the most public places in the county. The posting
20may be done at any time, but shall not be done less than 21 days
21before the sale. Alternatively, the sale may be advertised by
22placing a sale notice stating the date, time, and place of the
23sale for 3 consecutive weeks in a weekly or daily newspaper of
24general circulation distributed in the township or
25municipality where the horse is boarded. After the amount due
26for keeping the horse and any unpaid invoices and any and all



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1fees and costs incurred in connection with the enforcement of
2the lien, including, but not limited to, the auctioneer and
3sheriff's fees, advertising costs, and any legal fees and costs
4are paid, the balance shall be paid to the owner. At the time
5that the surplus funds are received by the horse owner, the
6ownership papers to the horse shall be forwarded by the horse
7owner to the public sale buyer within 7 days after the horse
8owner's receipt of the surplus funds. In the event the horse
9owner cannot be found after reasonable attempts to locate the
10owner have been made, any surplus funds shall be paid to the
11keeper's chosen equine rescue, rehabilitation, or retirement
12facility or organization. At the time of the sale conducted
13pursuant to this Section, the sheriff or other authorized
14person conducting the sale shall, upon payment of the sale
15price, provide a public sale certificate of purchase of the
16horse to the highest bidder showing that the highest bidder is
17the new legal owner of the horse. As of the time of the
18delivery of the public sale certificate of purchase, the
19original horse owner shall have no claim of right, title, or
20interest in the horse.
21    (g) In the event of enforcement of the lien through a
22private sale pursuant to the terms of this Section, written
23notice shall be considered satisfactory under this Section when
24sent at least 3 weeks prior to the date of any private sale to
25the horse owner's last known mailing address by first class
26certified or registered mail or by e-mail or facsimile. At the



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1time of the private sale conducted pursuant to the requirements
2of this subsection, the keeper shall, upon payment of the sale
3price, provide a private sale certificate for the horse to the
4buyer certifying that the requirements of this subsection were
5met and that the buyer is the legal owner of the horse. As of
6the time of the delivery of the private sale certificate, the
7original horse owner shall have no claim of right, title, or
8interest in the horse. The application of the sale proceeds
9shall be as provided in subsection (f).
10    (h) In the event of enforcement of the lien through the
11keeper obtaining ownership of the horse and any personal
12property left on the premises, the keeper shall provide a
13demand for payment to the owner pursuant to subsection (e) and
14shall include an appraisal of the value of the horse and any
15personal property left on the premises showing that the value
16of the horse and the personal property left on the premises is
17at least equal to the amount due and owing to the keeper.
18    (i) A lien created pursuant to this Section attaches as of
19the date the horse is brought to the stable and shall be
20superior to any other lien or security interest except for a
21statutory lien or security interest which is perfected through
22a proper filing pursuant to Article 9 of the Uniform Commercial
23Code prior to the beginning of the boarding.
24(Source: R.S. 1874, p. 665.)