Bill Text: IL HB2138 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2138 Detail]

Download: Illinois-2019-HB2138-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2138 Introduced , 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.
LRB101 04882 LNS 49891 b
A BILL FOR
HB2138 LRB101 04882 LNS 49891 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 11-110 as follows:
(735 ILCS 5/11-110) (from Ch. 110, par. 11-110)
Sec. 11-110. Assessing damages.
(a) Except as provided in subsection (b) of this Section,
in In all cases where a temporary restraining order or a
preliminary injunction is dissolved by the circuit court or by
the reviewing court, the circuit court, after the dissolution
of the temporary restraining order or preliminary injunction,
and before finally disposing of the action shall, upon the
party claiming damages by reason of such temporary restraining
order or preliminary injunction, filing a petition under oath
setting forth the nature and amount of damages suffered,
determine and enter judgment in favor of the party who was
injured by such temporary restraining order or preliminary
injunction for the damages which the party suffered as a result
thereof, which judgment may be enforced as other judgments for
the payment of money. However, a failure so to assess damages
as hereinabove set out shall not operate as a bar to an action
upon the injunction bond.

HB2138 - 2 - LRB101 04882 LNS 49891 b
(b) A unit of local government may not seek damages under
this Section in connection with a temporary restraining order
or preliminary injunction based upon a constitutional
challenge to a tax. If a petition is filed in violation of this
subsection (b), the court shall award the respondent reasonable
attorney's fees and costs incurred in connection with the
petition filed in violation of this subsection (b).
(Source: P.A. 82-280.)
Section 99. Effective date. This Act takes effect upon
becoming law.