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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4080 Introduced , by Rep. Keith R. Wheeler SYNOPSIS AS INTRODUCED:
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735 ILCS 5/11-110 | from Ch. 110, par. 11-110 |
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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.
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| | A BILL FOR |
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| | HB4080 | | LRB100 13679 HEP 28382 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 11-110 as follows:
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| 6 | | (735 ILCS 5/11-110) (from Ch. 110, par. 11-110)
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| 7 | | Sec. 11-110. Assessing damages. |
| 8 | | (a) Except as provided in subsection (b) of this Section, |
| 9 | | in In all cases where a temporary restraining
order or a |
| 10 | | preliminary
injunction is dissolved by the circuit court or by |
| 11 | | the reviewing court,
the circuit court, after the dissolution |
| 12 | | of the temporary restraining order
or preliminary injunction, |
| 13 | | and before
finally disposing of the action shall, upon the |
| 14 | | party claiming damages by reason
of such temporary restraining |
| 15 | | order or preliminary injunction, filing a
petition under oath |
| 16 | | setting forth the nature and amount of damages suffered,
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| 17 | | determine and enter judgment in favor of the party who was |
| 18 | | injured by such
temporary restraining order or preliminary |
| 19 | | injunction for the damages which
the party suffered as a result |
| 20 | | thereof, which judgment may be enforced as
other judgments for |
| 21 | | the payment of money. However, a
failure so to assess damages |
| 22 | | as hereinabove set out shall not operate as
a bar to an action |
| 23 | | upon the injunction bond. |