 An Illinois Appellate Court on Wednesday threw out the state's
multiyear, $31 billion capital program, leaving local lawmakers
concerned.In addition to funding construction projects,
Public Act 96-34 legalized video gaming in certain
establishments, allowed for privatization of the state's lottery,
hiked taxes on such items as beverages and candy, and increased
liquor taxes. The court ruled that it was "void in its entirety."
W. Rockwell Wirtz, president of the Chicago-based alcohol
wholesaler Wirtz Beverage Illinois, brought the case to the appeals
court, alleging it violated the Illinois Constitution's
single-subject rule.
The single-subject rule, also called the "uniformity clause,"
requires that legislation dealing with appropriations be limited to
one subject.
One Illinois lawmaker flat-out disagreed with the ruling.
"I think the courts have this wrong. It's clearly a single
subject," Sen. Mike Jacobs, D-Moline, said. "The single subject is
raising capital for the state, so the state can move forward on
economic development projects."
Sen. Dave Syverson, R-Rockford, said, "Nothing is going to change
in the end. I think the court is just saying their interpretation is
that we need to follow a stricter single-subject rule."
The capital program was a major initiative of Gov. Pat Quinn's
first year in office, aimed at creating jobs and investing in the
state's infrastructure.
State Rep. Dan Brady, R-Bloomington, said he was disappointed
with the court's ruling on a measure he called a "jobs bill."
"When you now say that the funding in the legislation itself is
unconstitutional, you put a chokehold on those jobs and the state
and the economy," Brady said. "This whole jobs bill … was directed
to stimulate the economic engine of the state of Illinois and put
people back to work in this high unemployment time."
The Illinois attorney general's office plans on filing an appeal
and a motion for an immediate stay on Thursday, spokeswoman Robyn
Ziegler said. A stay will allow the program to continue as usual.
Quinn appeared to be hoping for the best.
"We would expect the Supreme Court to rule on the request for a
stay in the very near future," Quinn said in a written statement
released Wednesday.
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The legislature now faces two options -- wait for the Supreme
Court's decision or break down the measure into smaller components
and pass the plan separately when both chambers reconvene on Feb. 2.
If that doesn't work, lawmakers will need to look for a different
funding source for capital projects, said Rep. Jil Tracy, R-Mount
Sterling.
"There (are) challenges -- because there are different players of
this General Assembly -- but I've got to believe that across party
lines, and across geographic lines, and everything else, we
recognize that Illinois has got a crumbling infrastructure that so
desperately needs attention," Tracy said.
But the clock is ticking.
"We're anticipating a spring construction season with projects
that are being funded by this capital bill," Brady said. "And that
is of great concern to me, that there is now a roadblock that has
been thrown up to move forward with this very needed jobs bill in
the state."
Capital projects already in progress are expected to continue as
scheduled, which is a relief to one southern Illinois lawmaker.
"You got a real asset," Sen. John Jones, R-Mount Vernon, said.
"The governor has some discretionary movement around here, so he can
use money out of his own revenue fund to keep the capital bill
moving forward."
Jacobs echoed that concern.
"Clearly, raising revenue is never easy," Jacobs said.
[Illinois
Statehouse News; By DIANE S.W. LEE and MELISSA LEU]
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