HB 3012 — INNKEEPER LIEN-BOARDED HORSES

HB3012 EngrossedEnrolled LRB097 09872 AJO 50030 b AN ACT concerning civil law.

(1) "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.

(2) "Horse owner" or "owner" means a person who owns a horse or the person's agent, successor, or assign.

(3) "Keeping", "boarding", or "stabling" means boarding and training services at a stable provided at the horse owner's request including but not limited to:

and assistance in conjunction with veterinary, breeding, farrier, HB3012 EngrossedEnrolled - 2 - LRB097 09872 AJO 50030 b chiropractic, dental, or other professional services for a horse.

(4) "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.

(5)"Personal "Stable"property orleft "horseon boardingthe facility"premises" means any realcarriage, harness, tack, equipment, supplements, medications, or other personal property usedstored forby the purposeowner ofat stabling,the boarding,stable or keepingboarding afacility. horse.

(6)"Stable" "Stable keeper" or "keeper""horse means the owner, operator, lessor, or sublessor of a stable or horse boarding facility,facility" ormeans his, her, or its agent, or any otherreal personproperty orused entityfor authorized by him, her, or it to manage the horsepurpose boardingof facilitystabling, boarding, or tokeeping receive rent from a horsehorse. owner under a boarding or stabling agreement.

(b)"Stable Stablekeeper" keepersor and"keeper" anymeans persons shall have a lien upon the horses,owner, carriages,operator, andlessor, harness,or tacksublessor andof equipment,a and any other personal property stored by the owner at the stable or horse boarding facilityfacility, inor thehis, amounther, ofor keptits byagent, them for the proper charges due for the keeping thereof and expenses bestowed thereon at the request of the owner, or theany person having the possession thereof, plus other charges,person present or future,entity inauthorized relationby tohim, theher, horseor boarded,it plus all fees and expenses, including legal fees, incurred by the keeper to enforcemanage the lien,horse whetherboarding byfacility public or private sale, to thereceive extentrent HB3012from Engrosseda -horse 3owner -under LRB097a 09872boarding AJOor 50030stabling bagreement. permitted under this Section.

(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 HB3012 Enrolled - 3 - LRB097 09872 AJO 50030 b 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.

(d) Enforcement of the lien must be by public sale,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 HB3012 Enrolled - 4 - LRB097 09872 AJO 50030 b sold through a private sale.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) InPrior theto event of enforcement of the lien through a public or private sale, the salekeeper shallmust bemake conducteda bywritten demand for payment from the localowner sheriffof orthe otherhorse authorizedand individual,include atnotice whichthat cashthe shallhorse and any personal property left on the premises will be paidsold 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 highestday bidder.set for the sale.

The(f) date,In time,the andevent place of theenforcement sale shall be advertised by posting a written notice of the salelien atthrough 3a of HB3012 Engrossed - 4 - LRB097 09872 AJO 50030 b the most public placessale, in the townshipsale orshall municipalitybe whereconducted theby horse is boarded or if the horselocal issheriff not boarded in a township or municipality,other byauthorized postingindividual, a written notice of the sale at 3which ofcash theshall mostbe publicpaid placesby in the county.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.

After the amount due for keeping the horse and any unpaid invoices and any and all HB3012 Enrolled - 5 - LRB097 09872 AJO 50030 b 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 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 HB3012 Engrossed - 5 - LRB097 09872 AJO 50030 b horse to the highest bidder showing that the highest bidder is the new legal owner of the horse.

(f)(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 HB3012 Enrolled - 6 - LRB097 09872 AJO 50030 b 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.

The application of the sale proceeds shall be as provided in subsection (e).(f).

(g)(h) AIn lienthe createdevent pursuantof toenforcement thisof Sectionthe attacheslien asthrough the keeper obtaining ownership of the datehorse and any personal property left on the horsepremises, isthe broughtkeeper shall provide a demand for payment to the stableowner pursuant to subsection (e) and shall beinclude superioran toappraisal anyof otherthe lienvalue orof securitythe interesthorse exceptand forany apersonal statutoryproperty lienleft oron securitythe interestpremises whichshowing isthat perfectedthe throughvalue aof properthe filinghorse pursuantand tothe Articlepersonal 9property ofleft on the Uniformpremises Commercialis Codeat priorleast equal to the beginningamount ofdue and owing to the boarding.keeper.

HB3012(i) EngrossedA -lien 6created -pursuant LRB097to 09872this AJOSection 50030attaches bas (Source: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.

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