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

HB3012ham001 97TH GENERAL ASSEMBLY

Rep. JoAnn D. Osmond

Filed: 3/9/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3012

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, his or her
14    agent, successor, or assign, who owns a horse.
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 to the horse, the horse owner's
5    requested supplements or medications; trailering the horse
6    to a designated location; and assistance in conjunction
7    with veterinary, breeding, farrier, chiropractic, dental,
8    or other professional services for a horse.
9        (4) "Last known address" means that address provided by
10    the horse owner in the latest boarding or stabling
11    agreement or any other writing, or the address provided by
12    the horse owner in a subsequent written notice of a change
13    of address.
14        (5) "Stable" or "horse boarding facility" means any
15    real property used for the purpose of stabling, boarding,
16    or keeping a horse.
17        (6) "Stable keeper" or "keeper" means the owner,
18    operator, lessor, or sublessor of a stable or horse
19    boarding facility, or his, her, or its agent, or any other
20    person or entity authorized by him, her, or it to manage
21    the horse boarding facility or to receive rent from a horse
22    owner under a boarding or stabling agreement.
23    (b) Stable keepers and any persons shall have a lien upon
24the horses, carriages, and harness, tack and equipment, and any
25other personal property stored by the owner at the stable or
26boarding facility in the amount of kept by them for the proper

 

 

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

 

 

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1authorization that the horse may be sold through a private
2sale.
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. The posting may be done at any time, but
10shall not be done less than 21 days before the sale.
11Alternatively, the sale may be advertised by placing a sale
12notice stating the date, time, and place of the sale for 3
13consecutive weeks in a weekly or daily newspaper of general
14circulation distributed in the township or municipality where
15the horse is boarded. After the amount due for keeping the
16horse and any unpaid invoices and any and all fees and costs
17incurred in connection with the enforcement of the lien,
18including, but not limited to, the auctioneer and sheriff's
19fees, advertising costs, and any legal fees and costs are paid,
20the balance shall be paid to the owner. At the time that the
21surplus funds are received by the horse owner, the ownership
22papers to the horse shall be forwarded by the horse owner to
23the public sale buyer within 7 days after the horse owner's
24receipt of the surplus funds. In the event the horse owner
25cannot be found after reasonable attempts to locate the owner
26have been made, any surplus funds shall be paid to the keeper's

 

 

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1chosen equine rescue, rehabilitation, or retirement facility
2or organization. At the time of the sale conducted pursuant to
3this Section, the sheriff or other authorized person conducting
4the sale, shall, upon payment of the sale price, provide a
5public sale certificate of purchase of the horse to the highest
6bidder showing that the highest bidder is the new legal owner
7of the horse. As of the time of the delivery of the public sale
8certificate of purchase, the original horse owner shall have no
9claim of right, title, or interest in the horse.
10    (f) In the event of enforcement of the lien through a
11private sale pursuant to the terms of this Section, written
12notice shall be considered satisfactory under this Section when
13sent to the horse owner's last known mailing address by first
14class certified or registered mail, e-mail, or facsimile at
15least 3 weeks prior to the date of any private sale. At the
16time of the private sale conducted pursuant to the requirements
17of this subsection, the keeper shall, upon payment of the sale
18price, provide a private sale certificate for the horse to the
19buyer certifying that the requirements of this subsection were
20met and that the buyer is the legal owner of the horse. As of
21the time of the delivery of the private sale certificate, the
22original horse owner shall have no claim of right, title, or
23interest in the horse. The application of the sale proceeds
24shall be as provided in subsection (e).
25    (g) 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 prior to the beginning of the boarding.
4(Source: R.S. 1874, p. 665.)".