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The
case heard last week revolves around the Safe Roads Act, also
known as the Transportation Lockbox Amendment, approved by
voters in 2016. The amendment requires governments to use
transportation funds solely on transportation work.
Eleven transportation contractors and their attorney, John
Fitzgerald of Tabet DiVito & Rothstein, faced off last week in
the state's high court against a Cook County attorney and a
decision from a panel of the Illinois First District Appellate
Court.
Fitzgerald argued that the amendment is not being enforced the
way many Illinoisans intended it to.
"When the people of Illinois voted to approve the Safe Roads
Amendment, they had every right to expect that the amendment
they approved would be enforced as written," Fitzgerald said.
Cook County Assistant States Attorney Amy Crawford argued on
behalf of Cook County and said the amendment should apply only
to taxes and fees raised by state law, and not to taxes and fees
raised by a county ordinance.
Fitzgerald argued that the language in the amendment is clear.
"No moneys means no moneys," Fitzgerald said. "Not, some moneys
but not others."
Crawford went on to argue that if transportation funds were used
only for transportation projects, Illinoisans could see higher
taxes in other areas.
"If these taxes are sucked away from their current purposes and
used towards transportation, taxpayers are going to be on the
hook for additional revenue," Crawford said.
The Illinois Supreme Court is expected to issue a decision on
the case in the coming weeks.
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