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.