HB3012 97TH GENERAL ASSEMBLY

LRB097 09872 AJO 50030 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3012

Introduced 2/23/2011, by Rep. JoAnn D. Osmond

SYNOPSIS AS INTRODUCED:

770 ILCS 40/49

from Ch. 82, par. 58

Amends the Innkeepers Lien Act. Provides that stable keepers shall have a lien for the cost of unpaid boarding and related expenses for a horse that is enforceable through the sale of the horse by public or private sale pursuant to provisions concerning notice, sale procedure, certificate of purchase, and application of sale proceeds.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Innkeepers Lien Act is amended by changing Section 49 as follows:

(770 ILCS 40/49) (from Ch. 82, par. 58)

Sec. 49. Stable keepers.

(a) As used in this Section:

(1) "Boarding or stabling agreement" means any agreement, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the boarding or stabling of a horse.

(2) "Horse owner" or "owner" means a person, his or her agent, successor, or assign, who owns a horse.

(3) "Keeping", "boarding", or "stabling" means boarding and training services at a stable provided at the horse owner's request including but not limited to: services under a written boarding or stabling agreement; services provided in response to a written request by the horse owner; administering to the horse, the horse owner's requested supplements or medications; trailering the horse to a designated location; and assistance in conjunction with veterinary, breeding, farrier, chiropractic, dental, or other professional services for a horse.

(4) "Last known address" means that address provided by the horse owner in the latest boarding or stabling agreement, or the address provided by the horse owner in a subsequent written notice of a change of address.

(5) "Stable" or "horse boarding facility" means any real property designed and used for the purpose of stabling, boarding, or keeping a horse.

(6) "Stable keeper" or "keeper" means the owner, operator, lessor, or sublessor of a stable or horse boarding facility, his or her agent, or any other person authorized by him or her to manage the facility or to receive rent from a horse owner under a boarding or stabling agreement.

(b) Stable keepers and any persons shall have a lien upon the horses, carriages, and harness kept by them at the stable or boarding facility for the proper charges due for the keeping thereof and expenses bestowed thereon at the request of the owner, or the person having the possession thereof, plus other charges, present or future, in relation to the horse boarded, plus all fees and expenses incurred by the keeper to enforce the lien, whether by public or private sale, to the extent permitted under this Section.

(c) The lien provided under this Section is a possessory lien which entitles the keeper to restrict the subject horse's movement from the keeper's facility, except for only emergency veterinary conditions or circumstances. Pursuant to this Section, local law enforcement authorities notified of the keeper's right to a possessory lien on the horse shall have the authority, without a court order, to restrict the removal of the horse from the keeper's facility despite the horse owner's request or demand, until the keeper confirms to the that the lien has been satisfied. Evidence of a lien that constitutes notice to law enforcement authorities of the possessory lien includes, but is not limited to, a written boarding agreement in which the horse owner acknowledges that the keeper shall have an automatic lien on the horse for the amount owed or the unpaid invoices, which display the keeper's letterhead or other identifying logo or insignia, issued by the keeper for boarding the horse.

(d) Enforcement of the lien must be by public sale, unless and only if the written boarding agreement provides a clear authorization that the horse may be sold through a private sale.

(e) Enforcement of the lien shall be carried out through a public sale at which cash shall be paid by the highest bidder, with the sale conducted by the sheriff of the county in which the facility is located. The date, time, and place of the sale shall be advertised by posting a written notice of the sale at 3 of the most public places in the township or municipality where the horse is boarded. The posting may be done at any time, but shall not be done less than 21 days before the sale. Alternatively, the sale may be advertised by placing a sale notice stating the date, time, and place of the sale for 3 consecutive weeks in a weekly or daily newspaper of general circulation distributed in the township or municipality where the horse is boarded. After the auctioneer and sheriff's fees, advertising costs, and any legal fees and costs incurred as part of the lien enforcement process are paid, the balance shall be paid to the keeper. In the event that the amount of the sale price recovered by the keeper, less all auctioneer and sheriff's fees, advertising costs, and any legal fees and costs incurred in connection with the lien enforcement exceeds the amount of the lien, the surplus shall be paid to the horse owner. At the time that the surplus funds are received by the horse owner, the ownership papers to the horse shall be forwarded by the horse owner to the public sale buyer within 7 days after receipt of the surplus funds. In the event the horse owner cannot be found after reasonable attempts to locate the owner have been made, any surplus funds shall be paid to the keeper's chosen equine rescue, rehabilitation, or retirement facility or organization. At the time of the sale conducted pursuant to this Section, the sheriff shall, upon payment of the sale price, provide a public sale certificate of purchase of the horse to the highest bidder showing that the highest bidder is the new legal owner of the horse. As of the time of the delivery of the public sale certificate of purchase, the original horse owner shall have no claim of right, title, or interest in the horse.

(f) Enforcement through a private sale shall only be permitted if the keeper possesses an original boarding agreement signed by the horse owner that acknowledges that the boarding facility shall have an automatic lien on the horse for the amount owed and that a private sale may be had to satisfy the lien, but only after notice is sent to the horse owner's last known mailing address by first class certified or registered mail, e-mail address, and fax number at least 3 weeks prior to the date of any private sale. If only the address, e-mail address, or fax number is known by the keeper and the notice is sent to that known address, e-mail address, or fax number, the notice shall be considered to have been satisfactorily sent under this Section. At the time of the sale conducted pursuant to the requirements of this subsection, the keeper shall, upon payment of the sale price, provide a private sale certificate for the horse to the buyer that certifies that the requirements of this subsection were met and that the buyer is the legal owner of the horse. As of the time of the delivery of the private sale certificate, the original horse owner shall have no claim of right, title, or interest in the horse. The application of the sale proceeds shall be as provided in subsection (e).

(g) A lien created pursuant to this Section attaches as of the date the horse is brought to the stable and shall be superior to any other lien or security interest except for a statutory lien or security interest which is perfected through a proper filing prior to the beginning of the boarding.

(Source: R.S. 1874, p. 665.)