Bill Text: IL SB0777 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Grain Code. Makes a technical change in a Section concerning the refusal of a licensee to allow liquidation.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2021-01-13 - Session Sine Die [SB0777 Detail]

Download: Illinois-2019-SB0777-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB0777 Introduced 1/31/2019, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
240 ILCS 40/20-25
Amends the Grain Code. Makes a technical change in a Section concerning the refusal of a licensee to allow liquidation.
LRB101 04538 RPS 49546 b
A BILL FOR
SB0777 LRB101 04538 RPS 49546 b
AN ACT concerning warehouses.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Grain Code is amended by changing Section
20-25 as follows:
(240 ILCS 40/20-25)
Sec. 20-25. Refusal of licensee to allow liquidation.
(a) If, after a failure, the the failed licensee does not
transfer control of the grain assets to the Trustee, the
Director may, in conjunction with the authority granted in this
Code and in Section 205-410 of the Department of Agriculture
Law (20 ILCS 205/205-410), file a complaint and apply to a
court of competent jurisdiction for a temporary restraining
order, a preliminary injunction, or a permanent injunction to
be entered without bond to carry out the provisions of this
Code.
(b) If a party seeks relief from a court of competent
jurisdiction that would enjoin, restrain, stay, or otherwise
resist either (1) an administrative order of the Department
that suspends, revokes, or denies renewal of a license under
this Code or (2) an action brought by the Department relating
to liquidation of a licensee, the court shall require the party
requesting the relief to provide a bond as provided for in the

SB0777 - 2 - LRB101 04538 RPS 49546 b
Code of Civil Procedure. The bond shall be in an amount
adequate to assure that all producers and depositors will be
paid while the licensee is operating following suspension,
revocation, or denial of renewal of a license under the
judicial relief for grain sold to or stored with the licensee.
The bond shall be in a minimum amount sufficient to satisfy all
existing grain obligations of the licensee for grain purchased,
sold, or stored. In setting the amount of the bond, the court
shall consider increasing the amount of the bond based upon a
consideration of other factors, including, but not limited to,
the total dollar amount of grain purchased annually by the
licensee and the value of the storage obligations of the
licensee.
(Source: P.A. 91-239, eff. 1-1-00.)