State of Illinois
2017 and 2018


Introduced , by Rep. Thaddeus Jones


735 ILCS 5/11-301  from Ch. 110, par. 11-301
735 ILCS 5/11-303  from Ch. 110, par. 11-303

    Amends the Code of Civil Procedure. Provides that the Part of the Code governing injunctive actions relating to the disbursement of public money applies to municipalities.

LRB100 14932 HEP 29758 b





HB4159LRB100 14932 HEP 29758 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Civil Procedure is amended by
5changing Sections 11-301 and 11-303 as follows:
6    (735 ILCS 5/11-301)  (from Ch. 110, par. 11-301)
7    Sec. 11-301. Who may file action.
8    (a) An action to restrain and enjoin the disbursement of
9public funds by any officer or officers of the State government
10may be maintained either by the Attorney General or by any
11citizen and taxpayer of the State.
12    (b) An action to restrain and enjoin the disbursement of
13public funds by any officer or officers of a municipal
14government may be maintained either by the Attorney General or
15by any citizen and taxpayer of the municipality.
16(Source: P.A. 82-280.)
17    (735 ILCS 5/11-303)  (from Ch. 110, par. 11-303)
18    Sec. 11-303. Action by private citizen. Such action, when
19prosecuted by a citizen and taxpayer of the State or
20municipality, shall be commenced by petition for leave to file
21an action to restrain and enjoin the defendant or defendants
22from disbursing the public funds of the State or municipality.



HB4159- 2 -LRB100 14932 HEP 29758 b

1Such petition shall have attached thereto a copy of the
2complaint, leave to file which is petitioned for. Upon the
3filing of such petition, it shall be presented to the court,
4and the court shall enter an order stating the date of the
5presentation of the petition and fixing a day, which shall not
6be less than 5 nor more than 10 days thereafter, when such
7petition for leave to file the action will be heard. The court
8shall also order the petitioner to give notice in writing to
9each defendant named therein and to the Attorney General,
10specifying in such notice the fact of the presentation of such
11petition and the date and time when the same will be heard.
12Such notice shall be served upon the defendants and upon the
13Attorney General, as the case may be, at least 5 days before
14the hearing of such petition.
15    Upon such hearing, if the court is satisfied that there is
16reasonable ground for the filing of such action, the court may
17grant the petition and order the complaint to be filed and
18process to issue. The court may, in its discretion, grant leave
19to file the complaint as to certain items, parts or portions of
20any appropriation Act sought to be enjoined and mentioned in
21such complaint, and may deny leave as to the rest.
22(Source: P.A. 82-280.)