HB5209 101ST GENERAL ASSEMBLY

LRB101 17551 LNS 66969 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5209

Introduced , by Rep. Keith R. Wheeler

SYNOPSIS AS INTRODUCED:

735 ILCS 5/11-110

from Ch. 110, par. 11-110

Amends the Code of Civil Procedure. Provides that a unit of local government may not seek damages in connection with a temporary restraining order or preliminary injunction based upon a constitutional challenge to a tax. Provides that if a petition is filed in violation of the new provisions, the court shall award the respondent reasonable attorney's fees and costs incurred in connection with the petition. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Code of Civil Procedure is amended by changing Section 11-110 as follows:

(735 ILCS 5/11-110) (from Ch. 110, par. 11-110)

Sec. 11-110. Assessing damages.

(a) Except as provided in subsection (b), in In all cases where a temporary restraining order or a preliminary injunction is dissolved by the circuit court or by the reviewing court, the circuit court, after the dissolution of the temporary restraining order or preliminary injunction, and before finally disposing of the action shall, upon the party claiming damages by reason of such temporary restraining order or preliminary injunction, filing a petition under oath setting forth the nature and amount of damages suffered, determine and enter judgment in favor of the party who was injured by such temporary restraining order or preliminary injunction for the damages which the party suffered as a result thereof, which judgment may be enforced as other judgments for the payment of money. However, a failure so to assess damages as hereinabove set out shall not operate as a bar to an action upon the injunction bond.

(b) A unit of local government may not seek damages under this Section in connection with a temporary restraining order or preliminary injunction based upon a constitutional challenge to a tax. If a petition is filed in violation of this subsection (b), the court shall award the respondent reasonable attorney's fees and costs incurred in connection with the petition filed in violation of this subsection (b).

(Source: P.A. 82-280.)

Section 99. Effective date. This Act takes effect upon becoming law.