Illinois General Assembly - Full Text of SB1912
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Full Text of SB1912  98th General Assembly

SB1912sam001 98TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 3/15/2013

 

 


 

 


 
09800SB1912sam001LRB098 08938 HEP 43051 a

1
AMENDMENT TO SENATE BILL 1912

2    AMENDMENT NO. ______. Amend Senate Bill 1912 by replacing
3everything after the enacting clause with the following:
 
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

 

 

09800SB1912sam001- 2 -LRB098 08938 HEP 43051 a

1of any landlord's lien unless, within 6 months prior to the
2purchase, the landlord provides written notice of his lien to
3the purchaser by registered or certified mail. Such notice
4shall contain the names and addresses of the landlord and
5tenant, and clearly identify the leased property.
6    A landlord may require that, prior to his tenant's selling
7any crops grown on the demised premises, the tenant disclose
8the name of the person to whom the tenant intends to sell those
9crops. Where such a requirement has been imposed, the tenant
10shall not sell the crops to any person other than a person who
11has been disclosed to the landlord as a potential buyer of the
12crops.
13    A lien arising under this Section shall have priority over
14any agricultural lien as defined in, and over any security
15interest arising under, provisions of Article 9 of the Uniform
16Commercial Code.
17(Source: P.A. 91-893, eff. 7-1-01; 92-819, eff. 8-21-02.)".