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.


LRB101 17551 LNS 66969 b

 

 

A BILL FOR

 

HB5209LRB101 17551 LNS 66969 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 Section 11-110 as follows:
 
6    (735 ILCS 5/11-110)  (from Ch. 110, par. 11-110)
7    Sec. 11-110. Assessing damages.
8    (a) Except as provided in subsection (b), in In all cases
9where a temporary restraining order or a preliminary injunction
10is dissolved by the circuit court or by the reviewing court,
11the circuit court, after the dissolution of the temporary
12restraining order or preliminary injunction, and before
13finally disposing of the action shall, upon the party claiming
14damages by reason of such temporary restraining order or
15preliminary injunction, filing a petition under oath setting
16forth the nature and amount of damages suffered, determine and
17enter judgment in favor of the party who was injured by such
18temporary restraining order or preliminary injunction for the
19damages which the party suffered as a result thereof, which
20judgment may be enforced as other judgments for the payment of
21money. However, a failure so to assess damages as hereinabove
22set out shall not operate as a bar to an action upon the
23injunction bond.

 

 

HB5209- 2 -LRB101 17551 LNS 66969 b

1    (b) A unit of local government may not seek damages under
2this Section in connection with a temporary restraining order
3or preliminary injunction based upon a constitutional
4challenge to a tax. If a petition is filed in violation of this
5subsection (b), the court shall award the respondent reasonable
6attorney's fees and costs incurred in connection with the
7petition filed in violation of this subsection (b).
8(Source: P.A. 82-280.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.