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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0767 Introduced 2/8/2011, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
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Amends the Grain Code. Makes a technical change in a Section concerning
the refusal of a licensee to allow liquidation.
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| | A BILL FOR |
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| | SB0767 | | LRB097 04488 ASK 44527 b |
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| 1 | | AN ACT concerning warehouses.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Grain Code is amended by changing Section |
| 5 | | 20-25 as follows:
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| 6 | | (240 ILCS 40/20-25)
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| 7 | | Sec. 20-25. Refusal of licensee to allow liquidation.
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| 8 | | (a) If, after a failure, the
the failed licensee does not
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| 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
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| 18 | | jurisdiction that would enjoin, restrain, stay, or otherwise
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| 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
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| 23 | | requesting the relief to provide a bond as provided for in
the |