Full Text of HB3012 97th General Assembly
HB3012enr 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Innkeepers Lien Act is amended by changing | 5 | | Section 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 | 22 | | the horses,
carriages , and harness , tack and equipment, and any | 23 | | other personal property stored by the owner at the stable or | 24 | | boarding facility in the amount of kept by them for the proper | 25 | | charges due for the
keeping thereof and expenses bestowed | 26 | | thereon at the request of the owner,
or the person having the |
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| 1 | | possession thereof , plus other charges, present or future, in | 2 | | relation to the horse boarded, plus all fees and expenses, | 3 | | including legal fees, incurred by the keeper to enforce the | 4 | | lien, whether by public or private sale, to the extent | 5 | | permitted under this Section .
| 6 | | (c) The lien provided under this Section is a possessory | 7 | | lien which entitles the keeper to restrict the subject horse's | 8 | | movement from the keeper's facility, except for emergency | 9 | | veterinary care. Local law enforcement authorities notified of | 10 | | the keeper's right to a possessory lien on the horse shall have | 11 | | the authority, without a court order, to restrict the removal | 12 | | of the horse from the keeper's facility despite the horse | 13 | | owner's request or demand, until the keeper confirms to the | 14 | | local law enforcement authorities that the lien has been | 15 | | satisfied. Evidence of a possessory lien that constitutes | 16 | | notice to law enforcement authorities includes, but is not | 17 | | limited to, a written boarding agreement signed by the horse | 18 | | owner acknowledging that the keeper shall have an automatic | 19 | | lien on the horse for the amount owed or the unpaid invoices | 20 | | for the keeping of the horse and fees and expenses, including | 21 | | attorney's fees, incurred in connection with the enforcement of | 22 | | the lien. | 23 | | (d) Enforcement of the lien must be by public sale of the | 24 | | horse or any personal property left on the premises, unless the | 25 | | written boarding agreement provides a clear authorization that | 26 | | the horse and any personal property left on the premises may be |
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| 1 | | sold through a private sale or provides a clear authorization | 2 | | that the keeper may take ownership of the horse and any | 3 | | personal property left on the premises to satisfy the lien. | 4 | | (e) Prior to enforcement of the lien through a public or | 5 | | private sale, the keeper must make a written demand for payment | 6 | | from the owner of the horse and include notice that the horse | 7 | | and any personal property left on the premises will be sold at | 8 | | a date certain not less than 30 days after service of the | 9 | | demand for payment if payment of all amounts due is not made by | 10 | | the day set for the sale. | 11 | | (f) In the event of enforcement of the lien through a | 12 | | public sale, the sale shall be conducted by the local sheriff | 13 | | or other authorized individual, at which cash shall be paid by | 14 | | the highest bidder. The date, time, and place of the sale shall | 15 | | be advertised by posting a written notice of the sale at 3 of | 16 | | the most public places in the township or municipality where | 17 | | the horse is boarded or if the horse is not boarded in a | 18 | | township or municipality, by posting a written notice of the | 19 | | sale at 3 of the most public places in the county. The posting | 20 | | may be done at any time, but shall not be done less than 21 days | 21 | | before the sale. Alternatively, the sale may be advertised by | 22 | | placing a sale notice stating the date, time, and place of the | 23 | | sale for 3 consecutive weeks in a weekly or daily newspaper of | 24 | | general circulation distributed in the township or | 25 | | municipality where the horse is boarded. After the amount due | 26 | | for keeping the horse and any unpaid invoices and any and all |
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| 1 | | fees and costs incurred in connection with the enforcement of | 2 | | the lien, including, but not limited to, the auctioneer and | 3 | | sheriff's fees, advertising costs, and any legal fees and costs | 4 | | are paid, the balance shall be paid to the owner. At the time | 5 | | that the surplus funds are received by the horse owner, the | 6 | | ownership papers to the horse shall be forwarded by the horse | 7 | | owner to the public sale buyer within 7 days after the horse | 8 | | owner's receipt of the surplus funds. In the event the horse | 9 | | owner cannot be found after reasonable attempts to locate the | 10 | | owner have been made, any surplus funds shall be paid to the | 11 | | keeper's chosen equine rescue, rehabilitation, or retirement | 12 | | facility or organization. At the time of the sale conducted | 13 | | pursuant to this Section, the sheriff or other authorized | 14 | | person conducting the sale shall, upon payment of the sale | 15 | | price, provide a public sale certificate of purchase of the | 16 | | horse to the highest bidder showing that the highest bidder is | 17 | | the new legal owner of the horse. As of the time of the | 18 | | delivery of the public sale certificate of purchase, the | 19 | | original horse owner shall have no claim of right, title, or | 20 | | interest in the horse. | 21 | | (g) In the event of enforcement of the lien through a | 22 | | private sale pursuant to the terms of this Section, written | 23 | | notice shall be considered satisfactory under this Section when | 24 | | sent at least 3 weeks prior to the date of any private sale to | 25 | | the horse owner's last known mailing address by first class | 26 | | certified or registered mail or by e-mail or facsimile. At the |
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| 1 | | time of the private sale conducted pursuant to the requirements | 2 | | of this subsection, the keeper shall, upon payment of the sale | 3 | | price, provide a private sale certificate for the horse to the | 4 | | buyer certifying that the requirements of this subsection were | 5 | | met and that the buyer is the legal owner of the horse. As of | 6 | | the time of the delivery of the private sale certificate, the | 7 | | original horse owner shall have no claim of right, title, or | 8 | | interest in the horse. The application of the sale proceeds | 9 | | shall be as provided in subsection (f). | 10 | | (h) In the event of enforcement of the lien through the | 11 | | keeper obtaining ownership of the horse and any personal | 12 | | property left on the premises, the keeper shall provide a | 13 | | demand for payment to the owner pursuant to subsection (e) and | 14 | | shall include an appraisal of the value of the horse and any | 15 | | personal property left on the premises showing that the value | 16 | | of the horse and the personal property left on the premises is | 17 | | at least equal to the amount due and owing to the keeper. | 18 | | (i) A lien created pursuant to this Section attaches as of | 19 | | the date the horse is brought to the stable and shall be | 20 | | superior to any other lien or security interest except for a | 21 | | statutory lien or security interest which is perfected through | 22 | | a proper filing pursuant to Article 9 of the Uniform Commercial | 23 | | Code prior to the beginning of the boarding. | 24 | | (Source: R.S. 1874, p. 665 .)
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