HB2700 95TH GENERAL ASSEMBLY

LRB095 00827 AJO 20829 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB2700

Introduced 2/26/2007, by Rep. Michael J. Madigan - Barbara Flynn Currie - John A. Fritchey

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.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Section 9-316 as follows:

(735 ILCS 5/9-316) (from Ch. 110, par. 9-316)

Sec. 9-316. Lien upon crops. Every landlord shall have a lien upon the the crops grown or growing upon the demised premises for the rent thereof, whether the same is payable wholly or in part in money or specific articles of property or products of the premises, or labor, and also for the faithful performance of the terms of the lease. Such lien shall continue for the period of 6 months after the expiration of the term for which the premises are demised, and may be enforced by distraint as provided in Part 3 of Article IX of this Act.

A good faith purchaser shall, however, take such crops free of any landlord's lien unless, within 6 months prior to the purchase, the landlord provides written notice of his lien to the purchaser by registered or certified mail. Such notice shall contain the names and addresses of the landlord and tenant, and clearly identify the leased property.

A landlord may require that, prior to his tenant's selling any crops grown on the demised premises, the tenant disclose the name of the person to whom the tenant intends to sell those crops. Where such a requirement has been imposed, the tenant shall not sell the crops to any person other than a person who has been disclosed to the landlord as a potential buyer of the crops.

A lien arising under this Section shall have priority over any agricultural lien as defined in, and over any security interest arising under, provisions of Article 9 of the Uniform Commercial Code.

(Source: P.A. 91-893, eff. 7-1-01; 92-819, eff. 8-21-02.)