Bill Text: IL HB0331 | 2009-2010 | 96th General Assembly | Introduced

---

Bill Title: Amends the Code of Civil Procedure. Provides that in an action brought by a citizen taxpayer of the State to restrain and enjoin the disbursement of public funds by any officer of the State, the court may, in its discretion, award the prevailing party reasonable attorney's fees. Provides that these changes apply to all actions filed on or after the effective date. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB0331 Detail]

Download: Illinois-2009-HB0331-Introduced.html

---

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0331 Introduced 1/27/2009, by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED:
735 ILCS 5/11-303 from Ch. 110, par. 11-303
Amends the Code of Civil Procedure. Provides that in an action brought by a citizen taxpayer of the State to restrain and enjoin the disbursement of public funds by any officer of the State, the court may, in its discretion, award the prevailing party reasonable attorney's fees. Provides that these changes apply to all actions filed on or after the effective date. Effective immediately.
LRB096 03742 AJO 13771 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB0331 LRB096 03742 AJO 13771 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 11-303 as follows:
(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, 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. 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,

HB0331 - 2 - LRB096 03742 AJO 13771 b
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.
The court may, in its discretion, award the prevailing
party in any such action reasonable attorney's fees. The
changes to this Section made by this amendatory Act of the 96th
General Assembly apply to all actions filed on or after the
effective date of this amendatory Act of the 96th General
Assembly.
(Source: P.A. 82-280.)
Section 99. Effective date. This Act takes effect upon
becoming law.