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Full Text of HB3035  102nd General Assembly

HB3035 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3035

 

Introduced 2/19/2021, 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.


LRB102 04411 LNS 14429 b

 

 

A BILL FOR

 

HB3035LRB102 04411 LNS 14429 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
10injunction is dissolved by the circuit court or by the
11reviewing court, the circuit court, after the dissolution of
12the temporary restraining order or preliminary injunction, and
13before finally disposing of the action shall, upon the party
14claiming damages by reason of such temporary restraining order
15or 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
20result thereof, which judgment may be enforced as other
21judgments for the payment of money. However, a failure so to
22assess damages as hereinabove set out shall not operate as a
23bar to an action upon the injunction bond.

 

 

HB3035- 2 -LRB102 04411 LNS 14429 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
6reasonable attorney's fees and costs incurred in connection
7with the petition 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.