100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4159
 
Introduced , by Rep. Thaddeus Jones
 
SYNOPSIS AS INTRODUCED:
 

 





735 ILCS 5/11-301  from Ch. 110, par. 11-301
735 ILCS 5/11-303  from Ch. 110, par. 11-303

     Amends the Code of Civil Procedure. Provides that the Part of the Code governing injunctive actions relating to the disbursement of public money applies to municipalities.
  


LRB100 14932 HEP 29758 b

 
 
A BILL FOR
 

  
HB4159LRB100 14932 HEP 29758 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 Sections 11-301 and 11-303 as follows:
 



6    (735 ILCS 5/11-301)  (from Ch. 110, par. 11-301)



7    Sec. 11-301. Who may file action. 
8    (a) An action to restrain and enjoin the
disbursement of 
9public funds by any officer or officers of the State government

10may be maintained either by the Attorney General or by any 
11citizen and taxpayer
of the State.
12    (b) An action to restrain and enjoin the
disbursement of 
13public funds by any officer or officers of a municipal 
14government
may be maintained either by the Attorney General or 
15by any citizen and taxpayer
of the municipality. 

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

 



17    (735 ILCS 5/11-303)  (from Ch. 110, par. 11-303)



18    Sec. 11-303. Action by private citizen. Such action, when 
19prosecuted by
a citizen and taxpayer of the State or 
20municipality,
shall be commenced by petition for leave to file 
21an action to restrain and
enjoin the defendant or defendants 
22from disbursing the public funds of
the State or municipality. 
 
 
HB4159- 2 -LRB100 14932 HEP 29758 b

1Such petition shall have attached thereto a copy of the

2complaint, leave to file which is petitioned for. Upon the 
3filing of
such petition, it shall be presented to the court, 
4and the court
shall enter an order stating the date of the 
5presentation of the petition and
fixing a day, which shall not 
6be less than 5 nor more than 10 days
thereafter, when such 
7petition for leave to file the action will be heard.
The court 
8shall also order the petitioner to give notice in writing to

9each defendant named therein and to the Attorney General, 
10specifying in
such notice the fact of the presentation of such 
11petition and the date and time
when the same will be heard. 
12Such notice shall be served upon the
defendants and upon the 
13Attorney General, as the case may be, at least 5
days before 
14the hearing of such petition.

15    Upon such hearing, if the court is satisfied that there is

16reasonable ground for the filing of such action, the court may 
17grant the
petition and order the complaint to be filed and 
18process to issue. The
court may, in its discretion, grant leave 
19to file the complaint as to
certain items, parts or portions of 
20any appropriation Act sought to be
enjoined and mentioned in 
21such complaint, and may deny leave as to the
rest.

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