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| Public Act 097-0569 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Innkeepers Lien Act is amended by changing | ||||
Section 49 as follows:
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(770 ILCS 40/49) (from Ch. 82, par. 58)
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Sec. 49. Stable keepers. | ||||
(a) As used in this Section: | ||||
"Boarding or stabling agreement" means any agreement, | ||||
written or oral, that establishes or modifies the terms, | ||||
conditions, rules, or any other provisions concerning the | ||||
boarding or stabling of a horse. | ||||
"Horse owner" or "owner" means a person who owns a | ||||
horse or the person's agent, successor, or assign. | ||||
"Keeping", "boarding", or "stabling" means boarding | ||||
and training services at a stable provided at the horse | ||||
owner's request including but not limited to: services | ||||
under a written boarding or stabling agreement; services | ||||
provided in response to a written request by the horse | ||||
owner; administering the horse owner's requested | ||||
supplements or medications to the horse; trailering the | ||||
horse to a designated location; and assistance in | ||||
conjunction with veterinary, breeding, farrier, | ||||
chiropractic, dental, or other professional services for a | ||
horse. | ||
"Last known address" means that address provided by the | ||
horse owner in the latest boarding or stabling agreement or | ||
any other writing, or the address provided by the horse | ||
owner in a subsequent written notice of a change of | ||
address. | ||
"Personal property left on the premises" means any | ||
carriage, harness, tack, equipment, supplements, | ||
medications, or other personal property stored by the owner | ||
at the stable or boarding facility. | ||
"Stable" or "horse boarding facility" means any real | ||
property used for the purpose of stabling, boarding, or | ||
keeping a horse. | ||
"Stable keeper" or "keeper" means the owner, operator, | ||
lessor, or sublessor of a stable or horse boarding | ||
facility, or his, her, or its agent, or any other person or | ||
entity authorized by him, her, or it to manage the horse | ||
boarding facility or to receive rent from a horse owner | ||
under a boarding or stabling agreement. | ||
(b) Stable keepers and any persons shall have a lien upon | ||
the horses,
carriages, and harness, tack and equipment, and any | ||
other personal property stored by the owner at the stable or | ||
boarding facility in the amount of kept by them for the proper | ||
charges due for the
keeping thereof and expenses bestowed | ||
thereon at the request of the owner,
or the person having the | ||
possession thereof, plus other charges, present or future, in | ||
relation to the horse boarded, plus all fees and expenses, | ||
including legal fees, incurred by the keeper to enforce the | ||
lien, whether by public or private sale, to the extent | ||
permitted under this Section.
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(c) The lien provided under this Section is a possessory | ||
lien which entitles the keeper to restrict the subject horse's | ||
movement from the keeper's facility, except for emergency | ||
veterinary care. Local law enforcement authorities notified of | ||
the keeper's right to a possessory lien on the horse shall have | ||
the authority, without a court order, to restrict the removal | ||
of the horse from the keeper's facility despite the horse | ||
owner's request or demand, until the keeper confirms to the | ||
local law enforcement authorities that the lien has been | ||
satisfied. Evidence of a possessory lien that constitutes | ||
notice to law enforcement authorities includes, but is not | ||
limited to, a written boarding agreement signed by the horse | ||
owner acknowledging that the keeper shall have an automatic | ||
lien on the horse for the amount owed or the unpaid invoices | ||
for the keeping of the horse and fees and expenses, including | ||
attorney's fees, incurred in connection with the enforcement of | ||
the lien. | ||
(d) Enforcement of the lien must be by public sale of the | ||
horse or any personal property left on the premises, unless the | ||
written boarding agreement provides a clear authorization that | ||
the horse and any personal property left on the premises may be | ||
sold through a private sale or provides a clear authorization | ||
that the keeper may take ownership of the horse and any | ||
personal property left on the premises to satisfy the lien. | ||
(e) Prior to enforcement of the lien through a public or | ||
private sale, the keeper must make a written demand for payment | ||
from the owner of the horse and include notice that the horse | ||
and any personal property left on the premises will be sold at | ||
a date certain not less than 30 days after service of the | ||
demand for payment if payment of all amounts due is not made by | ||
the day set for the sale. | ||
(f) In the event of enforcement of the lien through a | ||
public sale, the sale shall be conducted by the local sheriff | ||
or other authorized individual, at which cash shall be paid by | ||
the highest bidder. The date, time, and place of the sale shall | ||
be advertised by posting a written notice of the sale at 3 of | ||
the most public places in the township or municipality where | ||
the horse is boarded or if the horse is not boarded in a | ||
township or municipality, by posting a written notice of the | ||
sale at 3 of the most public places in the county. The posting | ||
may be done at any time, but shall not be done less than 21 days | ||
before the sale. Alternatively, the sale may be advertised by | ||
placing a sale notice stating the date, time, and place of the | ||
sale for 3 consecutive weeks in a weekly or daily newspaper of | ||
general circulation distributed in the township or | ||
municipality where the horse is boarded. After the amount due | ||
for keeping the horse and any unpaid invoices and any and all | ||
fees and costs incurred in connection with the enforcement of | ||
the lien, including, but not limited to, the auctioneer and | ||
sheriff's fees, advertising costs, and any legal fees and costs | ||
are paid, the balance shall be paid to the owner. At the time | ||
that the surplus funds are received by the horse owner, the | ||
ownership papers to the horse shall be forwarded by the horse | ||
owner to the public sale buyer within 7 days after the horse | ||
owner's receipt of the surplus funds. In the event the horse | ||
owner cannot be found after reasonable attempts to locate the | ||
owner have been made, any surplus funds shall be paid to the | ||
keeper's chosen equine rescue, rehabilitation, or retirement | ||
facility or organization. At the time of the sale conducted | ||
pursuant to this Section, the sheriff or other authorized | ||
person conducting the sale shall, upon payment of the sale | ||
price, provide a public sale certificate of purchase of the | ||
horse to the highest bidder showing that the highest bidder is | ||
the new legal owner of the horse. As of the time of the | ||
delivery of the public sale certificate of purchase, the | ||
original horse owner shall have no claim of right, title, or | ||
interest in the horse. | ||
(g) In the event of enforcement of the lien through a | ||
private sale pursuant to the terms of this Section, written | ||
notice shall be considered satisfactory under this Section when | ||
sent at least 3 weeks prior to the date of any private sale to | ||
the horse owner's last known mailing address by first class | ||
certified or registered mail or by e-mail or facsimile. At the | ||
time of the private sale conducted pursuant to the requirements | ||
of this subsection, the keeper shall, upon payment of the sale | ||
price, provide a private sale certificate for the horse to the | ||
buyer certifying that the requirements of this subsection were | ||
met and that the buyer is the legal owner of the horse. As of | ||
the time of the delivery of the private sale certificate, the | ||
original horse owner shall have no claim of right, title, or | ||
interest in the horse. The application of the sale proceeds | ||
shall be as provided in subsection (f). | ||
(h) In the event of enforcement of the lien through the | ||
keeper obtaining ownership of the horse and any personal | ||
property left on the premises, the keeper shall provide a | ||
demand for payment to the owner pursuant to subsection (e) and | ||
shall include an appraisal of the value of the horse and any | ||
personal property left on the premises showing that the value | ||
of the horse and the personal property left on the premises is | ||
at least equal to the amount due and owing to the keeper. | ||
(i) A lien created pursuant to this Section attaches as of | ||
the date the horse is brought to the stable and shall be | ||
superior to any other lien or security interest except for a | ||
statutory lien or security interest which is perfected through | ||
a proper filing pursuant to Article 9 of the Uniform Commercial | ||
Code prior to the beginning of the boarding. | ||
(Source: R.S. 1874, p. 665.)
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