(735 ILCS 5/Art. XI Pt. 3 heading)
Part 3.
Disbursement of Public Moneys
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(735 ILCS 5/11-301) (from Ch. 110, par. 11-301)
Sec. 11-301.
Who may file action.
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.
(Source: P.A. 82-280 .)
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(735 ILCS 5/11-302) (from Ch. 110, par. 11-302)
Sec. 11-302.
Action by Attorney General.
Such action may be maintained
by the Attorney General, by
filing in the office of the clerk of the circuit court of
the proper county a
complaint in the name of the People of the State of Illinois. When such
complaint is filed, it shall be presented to the court and an
order shall be entered thereon showing the day of presentation and the
day, which shall not be less than 5 days and not more than 10 days
thereafter, when the court will hear the same.
(Source: P.A. 83-707.)
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(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, 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.)
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(735 ILCS 5/11-304) (from Ch. 110, par. 11-304)
Sec. 11-304.
Summons - Pleadings.
Upon the filing of the complaint,
summons shall be issued
commanding the defendant or defendants to appear on the day named
therein, which shall not be less than 5 days nor more than 10 days
thereafter, as shall be directed by the court. Such summons shall be
served at least 5 days before the return day thereof in the same manner
as summons is served in other civil cases.
Every defendant who is summoned shall
appear by filing a pleading or motion in the cause on the
return day of the summons as in other civil cases, and such action shall
be given preference in hearing over all other cases.
(Source: P.A. 82-280.)
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