96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1799


 
Introduced 2/18/2009, by Rep. Michael J. Madigan - Barbara Flynn Currie - Daniel J. Burke
 
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.
















LRB096 05469 RCE 15535 b

















 


 


A BILL FOR









 











HB1799

LRB096 05469 RCE 15535 b






1
    AN ACT concerning warehouses.

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 

 
4
    Section 5. The Grain Code is amended by changing Section 
5
20-25 as follows:
 



6
    (240 ILCS 40/20-25)



7
    Sec. 20-25. Refusal of licensee to allow liquidation. 

8
    (a) If, after a failure, the
the failed licensee does not

9
transfer control of the grain assets to the Trustee, the 
10
Director
may, in conjunction with the authority granted in this 
11
Code and in
Section 205-410 of the Department of Agriculture 
12
Law (20 ILCS
205/205-410), file a
complaint and apply to a 
13
court of competent jurisdiction for a
temporary restraining 
14
order, a preliminary injunction, or a
permanent injunction to 
15
be entered without bond to carry out the
provisions of this 
16
Code.
17
    (b) If a party seeks relief from a court of competent

18
jurisdiction that would enjoin, restrain, stay, or otherwise

19
resist either (1) an administrative order of the Department 
20
that suspends,
revokes, or denies renewal of a license under 
21
this Code or
(2) an action brought by the Department relating 
22
to
liquidation of a licensee, the court shall require the party

23
requesting the relief to provide a bond as provided for in
the 
 


 






HB1799
- 2 -
LRB096 05469 RCE 15535 b




1
Code of Civil Procedure.  The bond shall be in an amount

2
adequate to assure that all producers and depositors will be

3
paid while the licensee is operating following suspension,

4
revocation, or denial of renewal of a license under the 
5
judicial relief for
grain sold to or stored with the licensee.  
6
The bond shall be in a
minimum amount sufficient to satisfy all 
7
existing grain
obligations of the licensee for grain purchased, 
8
sold, or
stored.  In setting the amount of the bond, the court 
9
shall
consider increasing the amount of the bond based upon a

10
consideration of other factors, including, but not limited to,

11
the total dollar amount of grain purchased annually by the

12
licensee and the value of the storage obligations of the

13
licensee.

14
(Source: P.A. 91-239, eff. 1-1-00.)