State’s top court hears challenge to massive construction program, fee hikes
SPRINGFIELD — Attorneys for the state urged the Illinois Supreme Court Tuesday to uphold a massive construction program and the fee hikes used to pay for it, in a case where millions of dollars worth of suburban construction projects are at stake.
The laws were challenged in a lawsuit filed by Chicago Blackhawks owner Rocky Wirtz and his family’s Schaumburg-based liquor distribution business. The suit could affect millions in funding for suburban projects, including the Algonquin Western Bypass, Route 59 expansion in Naperville and renovation projects at Harper College in Palatine.
Illinois attorney Richard Huszagh said the legislation creating the $31 billion capital program was crafted legally because lawmakers had to approve both a way to pay for the construction projects and legislation to authorize the projects themselves.
New roads, bridges and school buildings are being paid for by increased fees and taxes for liquor, candy, hygiene products, license plate stickers and, eventually, video gambling machines in bars.
“It’s sometimes easy to vote for spending and hard to vote to raise taxes,” he said. “If there aren’t revenues there because you didn’t vote for them, this spending isn’t going to happen. That makes perfect sense.”
But attorney Sam Vinson, representing Wirtz, said it was unconstitutional for lawmakers to approve new programs and new revenue in connection with each other because spending proposals are supposed to stand alone.
“Legislation can still be passed properly to get this done,” Vinson said. “Convenience is not the best way to operate government.”
Wirtz filed the suit months ago, but the court has ruled the state’s construction plan can continue in the meantime until they deliver a final ruling. It’s unclear when that ruling will come, but it could be months.
The state has already collected $484 million from the increased taxes and fees. If the construction plan is overturned, it could be politically difficult for lawmakers — faced with steep budget cuts and a months-old tax increase — to re-approve more tax and fee hikes.