That Constitutonal Amendment that Was Supposed to Prevent Diversion of Highway Money

From The Center Square:

Illinois Supreme Court to decide case on the use of transportation taxes, fees

The sign used to promote the Transportation Lock Box Constitutional Amendment.
Jack Franks’ patronage worker Oliver Serafini wearing Franks’ campaign stickers at the McHenry Chamber of Commerce Business Expo was paid 50% from McHenry County Department of Transportion money. Photo by Chuck Wheeler.

(The Center Square) – The Illinois Supreme Court is expected to issue a decision in the coming weeks about how transportation tax dollars are spent by local governments.

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. 


Comments

That Constitutonal Amendment that Was Supposed to Prevent Diversion of Highway Money — 5 Comments

  1. “Under the proposed amendment, transportation funds may be used by the State OR LOCAL governments only for the following purposes:

    (1) costs related to administering transportation and vehicle laws, including public safety purposes and the payment of obligations such as bonds;

    (2) the State or local share necessary to secure federal funds or for local government transportation purposes as authorized by law;

    (3) the construction, reconstruction, improvement, repair, maintenance, and operation of highways, mass transit, and railroad crossings;

    (4) expenses related to workers’ compensation claims for death or injury of transportation agency employees; and (5) to purchase land for building highways or buildings for to be used for highway purposes.

    This new Section is a limitation on the power of the General Assembly or a unit of LOCAL GOVERNMENT to use, divert, or transfer transportation funds for a purpose other than transportation.” (Emphasis mine)

    Apparently that’s not clear enough for the fancy edjumucated law-yurs in Illinois and the crooked crooks in crook county.

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