Bill Text: IL HB4159 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4159 Detail]

Download: Illinois-2017-HB4159-Introduced.html

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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.
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A BILL FOR
HB4159 LRB100 14932 HEP 29758 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 Sections 11-301 and 11-303 as follows:
(735 ILCS 5/11-301) (from Ch. 110, par. 11-301)
Sec. 11-301. Who may file action.
(a) An action to restrain and enjoin the disbursement of
public funds by any officer or officers of the State government
may be maintained either by the Attorney General or by any
citizen and taxpayer of the State.
(b) An action to restrain and enjoin the disbursement of
public funds by any officer or officers of a municipal
government may be maintained either by the Attorney General or
by any citizen and taxpayer of the municipality.
(Source: P.A. 82-280.)
(735 ILCS 5/11-303) (from Ch. 110, par. 11-303)
Sec. 11-303. Action by private citizen. Such action, when
prosecuted by a citizen and taxpayer of the State or
municipality, shall be commenced by petition for leave to file
an action to restrain and enjoin the defendant or defendants
from disbursing the public funds of the State or municipality.

HB4159 - 2 - LRB100 14932 HEP 29758 b
Such petition shall have attached thereto a copy of the
complaint, leave to file which is petitioned for. Upon the
filing of such petition, it shall be presented to the court,
and the court shall enter an order stating the date of the
presentation of the petition and fixing a day, which shall not
be less than 5 nor more than 10 days thereafter, when such
petition for leave to file the action will be heard. The court
shall also order the petitioner to give notice in writing to
each defendant named therein and to the Attorney General,
specifying in such notice the fact of the presentation of such
petition and the date and time when the same will be heard.
Such notice shall be served upon the defendants and upon the
Attorney General, as the case may be, at least 5 days before
the hearing of such petition.
Upon such hearing, if the court is satisfied that there is
reasonable ground for the filing of such action, the court may
grant the petition and order the complaint to be filed and
process to issue. The court may, in its discretion, grant leave
to file the complaint as to certain items, parts or portions of
any appropriation Act sought to be enjoined and mentioned in
such complaint, and may deny leave as to the rest.
(Source: P.A. 82-280.)