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


Sen. Matt Murphy

Filed: 5/9/2011





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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        "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



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1    owner's request including but not limited to: services
2    under a written boarding or stabling agreement; services
3    provided in response to a written request by the horse
4    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        "Last known address" means that address provided by the
11    horse owner in the latest boarding or stabling agreement or
12    any other writing, or the address provided by the horse
13    owner in a subsequent written notice of a change of
14    address.
15        "Personal property left on the premises" means any
16    carriage, harness, tack, equipment, supplements,
17    medications, or other personal property stored by the owner
18    at the stable or boarding facility.
19        "Stable" or "horse boarding facility" means any real
20    property used for the purpose of stabling, boarding, or
21    keeping a horse.
22        "Stable keeper" or "keeper" means the owner, operator,
23    lessor, or sublessor of a stable or horse boarding
24    facility, or his, her, or its agent, or any other person or
25    entity authorized by him, her, or it to manage the horse
26    boarding facility or to receive rent from a horse owner



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



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1for the keeping of the horse and fees and expenses, including
2attorney's fees, incurred in connection with the enforcement of
3the lien.
4    (d) Enforcement of the lien must be by public sale of the
5horse or any personal property left of the premises, unless the
6written boarding agreement provides a clear authorization that
7the horse and any personal property left on the premises may be
8sold through a private sale or provides a clear authorization
9that the keeper may take ownership of the horse and any
10personal property left on the premises to satisfy the lien.
11    (e) Prior to enforcement of the lien through a public or
12private sale, the keeper must make a written demand for payment
13from the owner of the horse and include notice that the horse
14and any personal property left on the premises will be sold at
15a date certain not less than 30 days after service of the
16demand for payment if payment of all amounts due is not made by
17the day set for the sale.
18    (f) In the event of enforcement of the lien through a
19public sale, the sale shall be conducted by the local sheriff
20or other authorized individual, at which cash shall be paid by
21the highest bidder. The date, time, and place of the sale shall
22be advertised by posting a written notice of the sale at 3 of
23the most public places in the township or municipality where
24the horse is boarded or if the horse is not boarded in a
25township or municipality, by posting a written notice of the
26sale at 3 of the most public places in the county. The posting



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1may be done at any time, but shall not be done less than 21 days
2before the sale. Alternatively, the sale may be advertised by
3placing a sale notice stating the date, time, and place of the
4sale for 3 consecutive weeks in a weekly or daily newspaper of
5general circulation distributed in the township or
6municipality where the horse is boarded. After the amount due
7for keeping the horse and any unpaid invoices and any and all
8fees and costs incurred in connection with the enforcement of
9the lien, including, but not limited to, the auctioneer and
10sheriff's fees, advertising costs, and any legal fees and costs
11are paid, the balance shall be paid to the owner. At the time
12that the surplus funds are received by the horse owner, the
13ownership papers to the horse shall be forwarded by the horse
14owner to the public sale buyer within 7 days after the horse
15owner's receipt of the surplus funds. In the event the horse
16owner cannot be found after reasonable attempts to locate the
17owner have been made, any surplus funds shall be paid to the
18keeper's chosen equine rescue, rehabilitation, or retirement
19facility or organization. At the time of the sale conducted
20pursuant to this Section, the sheriff or other authorized
21person conducting the sale shall, upon payment of the sale
22price, provide a public sale certificate of purchase of the
23horse to the highest bidder showing that the highest bidder is
24the new legal owner of the horse. As of the time of the
25delivery of the public sale certificate of purchase, the
26original horse owner shall have no claim of right, title, or



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1interest in the horse.
2    (g) In the event of enforcement of the lien through a
3private sale pursuant to the terms of this Section, written
4notice shall be considered satisfactory under this Section when
5sent at least 3 weeks prior to the date of any private sale to
6the horse owner's last known mailing address by first class
7certified or registered mail or by e-mail or facsimile. At the
8time of the private sale conducted pursuant to the requirements
9of this subsection, the keeper shall, upon payment of the sale
10price, provide a private sale certificate for the horse to the
11buyer certifying that the requirements of this subsection were
12met and that the buyer is the legal owner of the horse. As of
13the time of the delivery of the private sale certificate, the
14original horse owner shall have no claim of right, title, or
15interest in the horse. The application of the sale proceeds
16shall be as provided in subsection (f).
17    (h) In the event of enforcement of the lien through the
18keeper obtaining ownership of the horse and any personal
19property left on the premises, the keeper shall provide a
20demand for payment to the owner pursuant to subsection (e) and
21shall include an appraisal of the value of the horse and any
22personal property left on the premises showing that the value
23of the horse and the personal property left on the premises is
24at least equal to the amount due and owing to the keeper.
25    (i) A lien created pursuant to this Section attaches as of
26the date the horse is brought to the stable and shall be



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1superior to any other lien or security interest except for a
2statutory lien or security interest which is perfected through
3a proper filing pursuant to Article 9 of the Uniform Commercial
4Code prior to the beginning of the boarding.
5(Source: R.S. 1874, p. 665.)".