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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5209 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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| | HB5209 | | LRB101 17551 LNS 66969 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), in In all cases |
| 9 | | where a temporary restraining
order or a preliminary
injunction |
| 10 | | is dissolved by the circuit court or by the reviewing court,
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| 11 | | the circuit court, after the dissolution of the temporary |
| 12 | | restraining order
or preliminary injunction, and before
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| 13 | | finally disposing of the action shall, upon the party claiming |
| 14 | | damages by reason
of such temporary restraining order or |
| 15 | | preliminary injunction, filing a
petition under oath setting |
| 16 | | forth the nature and amount of damages suffered,
determine and |
| 17 | | enter judgment in favor of the party who was injured by such
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| 18 | | temporary restraining order or preliminary injunction for the |
| 19 | | damages which
the party suffered as a result thereof, which |
| 20 | | judgment may be enforced as
other judgments for the payment of |
| 21 | | money. However, a
failure so to assess damages as hereinabove |
| 22 | | set out shall not operate as
a bar to an action upon the |
| 23 | | injunction bond. |