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Court rules Ill. public works plan is legal

SPRINGFIELD — The Illinois Supreme Court unanimously upheld a law Monday that created a $31 billion statewide construction program, rejecting arguments that lawmakers improperly mixed together different issues in a single piece of legislation.

The court held that all parts of the law had "a natural and logical connection" to the public works program.

The ruling averts a threat to the thousands of jobs created by the construction projects and removes a roadblock to allowing video gambling at bars, restaurants and truck stops across Illinois.

Lawmakers approved the public works program in 2009 after years of paralysis under former Gov. Rod Blagojevich. They decided to pay for the construction by raising taxes on liquor and candy, as well as legalizing video gambling.

Chicago Blackhawks owner and liquor distributor Rocky Wirtz challenged the law, saying it violates the constitution's "single subject" requirement. That requirement bars lawmakers from mingling unrelated issues in a single piece of legislation.

An appeals court agreed with Wirtz's claim, but the high court ruled lawmakers did nothing improper.

It found that everything in the bill was related to paying for or implementing the public works program. The tax increases and video gambling, for instance, "establish increased revenue sources." A study on how the lottery affects Illinois families would help implement parts of the law that increase lottery sales to pay for construction.

"There are no 'smoking gun' provisions ... which clearly violate the intent and purpose of the single subject rule," Justice Anne Burke wrote.

The Supreme Court went further and ruled on some Wirtz claims that the appeals court did not address, including that lawmakers violated constitutional requirements on separation of powers and the law's effective date. The Supreme Court rejected them all.