99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1197

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/9-316  from Ch. 110, par. 9-316

    Amends the Code of Civil Procedure. Makes a technical change in a Section concerning a lien on crops.


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A BILL FOR

 

HB1197LRB099 05064 HEP 25093 b

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 Code of Civil Procedure is amended by
5changing Section 9-316 as follows:
 
6    (735 ILCS 5/9-316)  (from Ch. 110, par. 9-316)
7    Sec. 9-316. Lien upon crops. Every landlord shall have a
8lien upon the the crops grown or growing upon the demised
9premises for the rent thereof, whether the same is payable
10wholly or in part in money or specific articles of property or
11products of the premises, or labor, and also for the faithful
12performance of the terms of the lease. Such lien shall continue
13for the period of 6 months after the expiration of the term for
14which the premises are demised, and may be enforced by
15distraint as provided in Part 3 of Article IX of this Act.
16    A good faith purchaser shall, however, take such crops free
17of any landlord's lien unless, within 6 months prior to the
18purchase, the landlord provides written notice of his lien to
19the purchaser by registered or certified mail. Such notice
20shall contain the names and addresses of the landlord and
21tenant, and clearly identify the leased property.
22    A landlord may require that, prior to his tenant's selling
23any crops grown on the demised premises, the tenant disclose

 

 

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1the name of the person to whom the tenant intends to sell those
2crops. Where such a requirement has been imposed, the tenant
3shall not sell the crops to any person other than a person who
4has been disclosed to the landlord as a potential buyer of the
5crops.
6    A lien arising under this Section shall have priority over
7any agricultural lien as defined in, and over any security
8interest arising under, provisions of Article 9 of the Uniform
9Commercial Code.
10(Source: P.A. 91-893, eff. 7-1-01; 92-819, eff. 8-21-02.)