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


Rep. JoAnn D. Osmond

Filed: 4/6/2011





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2    AMENDMENT NO. ______. Amend House Bill 3012 by replacing
3everything after the enacting clause with the following:
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        (1) "Boarding or stabling agreement" means any
10    agreement, written or oral, that establishes or modifies
11    the terms, conditions, rules, or any other provisions
12    concerning the boarding or stabling of a horse.
13        (2) "Horse owner" or "owner" means a person who owns a
14    horse or the person's agent, successor, or assign.
15        (3) "Keeping", "boarding", or "stabling" means
16    boarding and training services at a stable provided at the



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1    horse owner's request including but not limited to:
2    services under a written boarding or stabling agreement;
3    services provided in response to a written request by the
4    horse owner; administering the horse owner's requested
5    supplements or medications to the horse; trailering the
6    horse to a designated location; and assistance in
7    conjunction with veterinary, breeding, farrier,
8    chiropractic, dental, or other professional services for a
9    horse.
10        (4) "Last known address" means that address provided by
11    the horse owner in the latest boarding or stabling
12    agreement or any other writing, or the address provided by
13    the horse owner in a subsequent written notice of a change
14    of address.
15        (5) "Stable" or "horse boarding facility" means any
16    real property used for the purpose of stabling, boarding,
17    or keeping a horse.
18        (6) "Stable keeper" or "keeper" means the owner,
19    operator, lessor, or sublessor of a stable or horse
20    boarding facility, or his, her, or its agent, or any other
21    person or entity authorized by him, her, or it to manage
22    the horse boarding facility or to receive rent from a horse
23    owner under a boarding or stabling agreement.
24    (b) Stable keepers and any persons shall have a lien upon
25the horses, carriages, and harness, tack and equipment, and any
26other personal property stored by the owner at the stable or



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



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1the written boarding agreement provides a clear authorization
2that the horse may be sold through a private sale.
3    (e) In the event of enforcement of the lien through a
4public sale, the sale shall be conducted by the local sheriff
5or other authorized individual, at which cash shall be paid by
6the highest bidder. The date, time, and place of the sale shall
7be advertised by posting a written notice of the sale at 3 of
8the most public places in the township or municipality where
9the horse is boarded or if the horse is not boarded in a
10township or municipality, by posting a written notice of the
11sale at 3 of the most public places in the county. The posting
12may be done at any time, but shall not be done less than 21 days
13before the sale. Alternatively, the sale may be advertised by
14placing a sale notice stating the date, time, and place of the
15sale for 3 consecutive weeks in a weekly or daily newspaper of
16general circulation distributed in the township or
17municipality where the horse is boarded. After the amount due
18for keeping the horse and any unpaid invoices and any and all
19fees and costs incurred in connection with the enforcement of
20the lien, including, but not limited to, the auctioneer and
21sheriff's fees, advertising costs, and any legal fees and costs
22are paid, the balance shall be paid to the owner. At the time
23that the surplus funds are received by the horse owner, the
24ownership papers to the horse shall be forwarded by the horse
25owner to the public sale buyer within 7 days after the horse
26owner's receipt of the surplus funds. In the event the horse



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



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1shall be as provided in subsection (e).
2    (g) A lien created pursuant to this Section attaches as of
3the date the horse is brought to the stable and shall be
4superior to any other lien or security interest except for a
5statutory lien or security interest which is perfected through
6a proper filing pursuant to Article 9 of the Uniform Commercial
7Code prior to the beginning of the boarding.
8(Source: R.S. 1874, p. 665.)".