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Full Text of HB4080  100th General Assembly

HB4080 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4080

 

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.


LRB100 13679 HEP 28382 b

 

 

A BILL FOR

 

HB4080LRB100 13679 HEP 28382 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) of this Section,
9in In all cases where a temporary restraining order or a
10preliminary injunction is dissolved by the circuit court or by
11the reviewing court, the circuit court, after the dissolution
12of the temporary restraining order or preliminary injunction,
13and before finally disposing of the action shall, upon the
14party claiming damages by reason of such temporary restraining
15order or preliminary injunction, filing a petition under oath
16setting forth the nature and amount of damages suffered,
17determine and enter judgment in favor of the party who was
18injured by such temporary restraining order or preliminary
19injunction for the damages which the party suffered as a result
20thereof, which judgment may be enforced as other judgments for
21the payment of money. However, a failure so to assess damages
22as hereinabove set out shall not operate as a bar to an action
23upon the injunction bond.

 

 

HB4080- 2 -LRB100 13679 HEP 28382 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.